HomeMy WebLinkAboutagenda.council.regular.20031124CITY COUNCIL AGENDA
November 24, 2003
5:00 P.M.
I) Call to Order
II) Roll Call
III) Scheduled Public Appearances
IV) Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
v)
Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
vi)
Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #105. 2003 - Urging Full Funding for Land and Water Conservation Fund
b) Resolution #106 2003 - Contract Approval for the Purchase of Fitness Equipment
c) Resolution #107 2003 - Contract -ACRA Marketing
d) Resolution #104.2003-Accessibility to Services, Programs and Activities
e) Resolution #108, 2003 - IGA with Snowmass Village Electrical Inspection
f) Minutes- November 10, 2003
VII)
First Reading of Ordinances
a) Ordinance #59, 2003- Adoption of International Building Code P.H. 12/8
b) Ordinance #60. 2003 -Amending Model Traffic Code P.H. 12/8
c) Ordinance #62, 2003 - Supplemental Appropriations P.H. 12115
d) Ordinance #61 2003 - Little Red Ski Haus Timeshare P.H. 12115
w,)
Public Hearings
a) Ordinance #22, 2003 - Little Ajax Annexation - Continue to 12/8
b) Ordinance #21,2003 - Little Ajax Subdivision/PUD - Continue to 12/8
c) Ordinance #45, 2003 - Aspen Highland Village PUD Amendment (Sign Master Plan)
d) Ordinance #55. 2003 - Code Amendment - Demolition Definition; Measurement of
Roof Heights
e) Ordinance #51,2003 - Code Amendment- Residential Multi-Family Replacement
f) Resolution #99, 2003 - South 7th and Hopkins Annexation Continue to 12/8
IX) Action Items
X) Adjournment
Next Regular Meeting December 8, 2003
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
Council Schedule as of 11/20/2003
All meeting will be held in the Council Chambers unless otherwise noted
11/24 5 pm REGULAR MEETiNG
11/25 4:15 WORK SESSION - Visitor Center COWOP; S-curves Task Force Report
11/27 HOLIDAY
12/1 3 pm BOARD INTERVIEWS
5 pm WORK SESSION - Tree Removal Permit Policy
6 pm ~ SPECIAL MEETiNG - Executive Session
12/2 4:15 pm WORK SESSION - Joint with Housing Board - Affordable Housing
mitigation policy
12/8 5 pm REGULAR MEETING
12/9 4:15pm SPECIAL MEETiNG - Resolution #98, 2003 - Burlingame COWOP
Recommendations; Burlingame Infrastructure
12/15 5 pm REGULAR MEETING
12/16 4:15pm WORK SESSION - Growth Management; Wheeler First Floor Master
Plan & Wheeler Board Role
1/12 5 pm
i/13 4 pm
REGULAR MEETING
WORK SESSION - Hospital Strategic Plan.
OTHER MEETINGS
12/4 5 pm
12/9 2:30
12/19
01/15 4 pm
Boards & Commissions Party - Wheeler Opera House
CDOT & BOCC Plaza One
City Employee Party St. Regis
EOTC - Plaza One
· TO:
FROM:
THRU:
DATE:
RE:
Mayor and Council
Lee Cassin ~__.
Julie Ann Woods
November 13, 2003
Resolution Urging Congress to Restore Funding to Land and Water
Conservation Fund
SUMMARY: The attached resolution urgesColorado's congressional' delegation to vote to
fully fund the Land and Water Conservation Fund and the Conservation Trust Fund. These
programs fund preservation and creation of national, state and local parks and recreation areas.
BACKGROUND: In 1964, Congress created the Land and Water Conservation Fund
(LWCF) to use revenue from leasing of federal lands and waters for offshore oil and gas
drilling, to pay for purchase of land for wildlife refuges and public parks and forests.
Preservation of Everglades National Park, Grand Tetons National Park, and Rocky Mountain
National Park are examples of funding provided by this program. While the authorized level of
funding is $900 million, Congress has historically spent much of the amount for other
purposes. Because of that, in 2000, Congress created the Conservation Trust Fund to makes
sure there would be enough funding to meet the most important conservation and recreation
needs.
DISCUSSION: The House recently cut funding for the Conservation Trust Fund almost in
half and cut the LWCF 88 % below the authorized level. The bill became law on November 10,
2003. While there is no time to act on this year's bill, the attached resolution urges Colorado's
Congressional Delegation to support full funding next year.
The rationale for the LWCF was to have revenues from an extractive use of public lands, fund
preservation of other public lands. In light of the proposal to charge users to walk on certain
public lands, k is apparent that failure to appropriate all of the anthorized funds has a
significant effect on purchase and maintenance and preservation of public lands, and that their
upkeep is under funded.
In addition to the Aspen community's longstanding deSire to preserve and protect the beauty of
our environment as well as the quality of our air and water, adequate funding ~'or acquisition
and maintenance of our open spaces, parks and public lands, is the cornerstone of Aspen's
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economy. Tourism not just in Aspen but also in the State of Colorado depends on providing
and maintaining public lands where citizens can pursue recreation and enjoyment of their
lands. This action by Congress impairs both our quality of life and Aspen's economy.
FINANCIAL IMPLICATIONS: There are no direct costs to Aspen, but there may be indirect
costs if the public is discouraged from using public lands.
RECOMMENDATION: The attached resolution urges Colorado's congressional delegation
to vote to restore full funding next year.
ALTERNATIVES: Council could decline to act or could amend the attached resolution.
PROPOSED MOTION: "I move to approve Resolution #/~)~ Series of 2003 urging
Colorado's Congressional delegation to support full funding of the Land and Water
Conservation Fund and the Conservation Trust Fund to create and preserve national, state, and
local parks and recreation areas, either in next year's appropriates bill, or sooner if an earlier
opportunity presents itself."
CITY MANAGER COMMENTS: /'~'a
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RESOLUTION#
(Series of 2003)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, URGING COLORADO'S CONGRESSIONAL DELEGATION TO
SUPPORT FULL FUNDING OF THE LAND AND WATER CONSERVATION
FUND, AND THE CONSERVATION TRUST FUND, WHEN FUNDING IS
VOTED ON NEXT YEAR
WHEREAS, the Land and Water Conservation Fund and the Conservation
Trust Fund provide funding for preservation of national parks and state and local
parks and recreation areas, and
WHEREAS, the City Council of the City of Aspen, Colorado and the
citizens of Aspen strongly desire adequate federal funding to acquire, preserve and
protect public lands and wildlife, and
WHEREAS, the economy of Aspen depends on preserving the beauty of the
area's environment and public lands, and the public's ability to enjoy these lands,
and
WHEREAS, the intent of Congress in establishing these funds was to
provide funding for preservation of federal, state, and local public parks and
recreation areas,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
The City Council of the City of Aspen hereby urges its Senators and
Congressional RepreSentatives to' support full funding of the Land and Water
Conservation Fund and the Conservation Trust Fund at the earliest possible
opportunity.
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Dated:
Helen K. Klandemd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the city of Aspen, Colorado, at a meeting held
__., 2003.
Kathryn S. Koch, City Clerk
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MEMORANDUM
TO:
THR U:
FROM:
DATE:
RE:
MAYOR & CITY COUNCIL
STEVE BARWICK, CITY MANAGER
JEFF WOODS, MANAGER OF PARKS & RECREATION
TIM ANDERSON, RECREATION DIRECTOR
NOVEMBER 17, 2003
CONTRA CT TO PURCHASE FITNESS EQUIPMENT
Summary:
During the presentation of the 2004 Aspen Recreation Center Budget, staff presented and
Council approved the direction of placing fitness eqmpmem in the 300 level meeting
room, and in one locker room on the lower level of the facility. Each of the areas
identified to Council were areas that were costing money to maintain and generating little
or no revenue for the ARC. It is estimated that the addition of fitness eqmpment to the
ARC will generate in excess of $100,000 in annual fees to the ARC.
Staff is requesting the approval of a contract with Fimess Systems Incorporated in the
mount of $68,539 for the purchase and installation of fitness equipment to the ARC.
Funding for this request would come from the ARC Capital Reserve.
Requests for fitness eqmpment have become the #1 request at the ARC, both from pass
holders .and non-pass holders. Staff would operate the fitness area with the existing staff
and funding provided by Council in the 2004 ARC operating budget. The Advisory
Committee for the ARC had taken this under consideration and fully supports the
addition of fitness eqmpment within the ARC.
Staff had identified a cost estimate during the budget process of approximately $55,000
for the purchase of the fitness equipment. Council will find attachment "A" that lists the
equipment staff bid. Staff feels the equipment list provided at a cost of $68,539 wilt
adequately fill the space available and the requests we have been receiving.
Background:
During the design stage of the ARC, both staff and Council stayed away from features
that would compete with local businesses.
Once the ARC opened, staff reviewed weekly lists of potential patrons and found that
many people were not purchasing ARC passes due to the fact that they were seeking
fitness equipment of some type. Also, staff realized a daily count of patrons that was
about 100 visits per day less than we had hoped. Upon further investigation of other
Recreation Centers we found that the addition of fitness equipment would add
approximately 100 more patrons per day and over $100,000 in additional annual revenues
to the facility.
The other noticeable function of the facility was that we had a wonderful meeting room,
which staff had to maintain, heat, and clean, and yet while this room cost money to
maintain, it was generating little or no revenues. Aspen plays host to a multitude of
meeting spaces in town that make it difficult to sell this space at the ARC. Staff and the
Advisory Board looked at all space within the ARC and each the potential for each area
to generate revenue. Staff and the Advisory Committee felt there should be no sedentary
space in the facility that could be active and generating revenue. This led staff and the
Advisory Committee to the conclusion that the meeting room needed more activity and
the public was requesting fitness equipment.
Staffrecommended dur/ng the 2004 budget process that only limited fitness equipment
be added in the ARC. Some Cardiovascular equipment would be installed along with a
universal type weight machine(s) in the lower level room. No See wei~ts would be
added due to the need for supervision and to not compete with the clubs in this respect.
StaffwilI be able to install 12 to 15 pieces of Cardiovascular equipment in the upper
mom. A universal machine, or a set up that includes several types of exercises all in one
would be added to the lower level room. Staff feels the limited amount of equipment is
going to appeal to individuals who does not have a regular workout routine, families
which cannot all attend the private clubs, and those individuals ~vho are somewhat
intimidated by their appearance and conditioning compared to the hard bodies you might
find at the clubs.
Current Issues:
Staffcontacted 7 local and valley clubs to get their response to this addition. The clubs
included: Bleeker St. Gym, Aspen Meadows, Aspen Club, Aspen Athletic Club,
Snowmass Club, Body Barn, Fitness Center. Of these 7 clubs, 5 agreed that we would
appeal to another type of customer, which would not compete with them. The Aspen
Club was mainly concerned with us partnering with another club that is their competition,
and the Aspen Athletic Club was concerned about competition and the loss of customers.
No additional personnel will be needed to operate these facilities. Staffwill use bands to
identify those patrons who have checked in and make regular rounds to see that everyone
has signed in. Adults only will be allowed in without supervision. Anyone under the age
of 18 will need to be with an adult when using the equipment. Youth teams accompanied
by a coach will also be allowed to use the equipment.
The life expectancy of the Cardio Equipment is 3 years and 5 years on the weight
equipment. We will have a one-year warranty on all parts with the initial purchase. Staff
is going to purchase a $1,200 annual maintenance contract following the initial year for
upkeep of the equipment.
Financial Implications:
Financial Implications of installing weight equipment in the ARC was mentioned during
the budget process. Staff feels that this will add approximately 100 additional uses per
day to the ARC. This will translate to over $100,000 in additional revenues through dally
fees and pass sales to the ARC.
Funding for the initial capital cost of $68,539 in equipment will be funded through the
ARC Capital Reserve which are excess property taxes approved by the voters in 2000.
Alternatives:
Staff could reduce the pieces of equipment to an amount that would equal $55,000 in
expenditures.
Staff could begin the operations of fitness equipment with one room on the upper level
only and look for alternatives to the lower level room, thus reducing the initial cost for
equipment.
Staffcould explore the purchase of second hand equipment. This may lead to higher
maintenance hosts and replacement of eqnipment sooner than later. This immediate
solution for reducing cost may cost more in the long run.
RESOLUTION NO. l ~ Series of 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR PURCHASE AND INSTALLATION OF FITNESS
EQUIPMENT AT THE ASPEN RECREATION CENTER, BETWEEN THE CITY OF
ASPEN AND FITNESS SYSTEMS, INC., AND AUTHORIZING THE MAYOR OR
CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract for purchase
and installation of fitness equipment, between the City of Aspen and Fitness Systems.
Inc., a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
purchase and installation of fitness equipment between the City of Aspen and Fitness
Systems, Inc., a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the Mayor or City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the __ day of ,2003.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PURCHASE AND INSTALLATION SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Fitness Systems Inc. , ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work immediately upon receipt of a
written Notice to Proceed from the City and complete all phases of the Scope of Work as
expeditiously as is consistent with professional skill and care and the orderly progress of the Work
in a timely manner. The parties anticipate that all work pursuant to this agreemenl shall be
completed no later than Januar~ 31~ 2004. Upon request of the City, Professional shall submit, for
the City's approval, a schedule for the performance of Professional's services which shall be
adjusted as required as the project proceeds, and which shall include allowances for periods of time
required by the City's project engineer for review and approval of submissions and for approvals of
authorities having jurisdiction over the project. This schedule, when approved by the City, shall not.
except for reasonable cause, be exceeded by the Professional.
3. Pa'maem. In consideration of the work performed, City shall pay Professional a one-
time payment for ali equipment and services performed. The payment made to the Professional
shall not exceed costs set forth in Attachment "A & B" appended hereto. Except as otherwise
mutually agreed to by the parties the payments made to Professional shall not initially exceed
$68,539.00 . Professional shall submit, in timely fashion, invoices for equipment and services
performed. The City shall review such invoices and, if they are considered incorrect or untimely,
the City shall review the matter with Professional w~ithin ten days from receipt of the Professional's
bill.
4. Non-AssignabiliW. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to pay' or be
liable for payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
~1-971.doc Page 1
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all £mished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
wrme of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Against Contingem Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servan! of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss m connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and mcome tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
~njury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The ?rofessional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
~l-971.doc Page 2
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers,' or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subc~)ntractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the Case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers~ Liability insurance with minimum limits of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease - each employee, Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($I,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
PS1-971.doc Page 3
severability of interests provision. If the Professional has no owned autgmobiles, the
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or can/ed by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall' be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto:
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are ~kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
P-~ 1-971. doc Page 4
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in C!RSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
CityManager
CityofAspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Fitness Systems Inc.
1266 E. Woodmen Road
Colorado Springs, Colorado
80920
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all Of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
16. General Terms.
PSl-971.doc Page 5
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenfomeable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an onginaI on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY:
CITY OF ASPEN, COLORADO:
By:
Title:
Date:
PS1-971.doc Page 6
WITNESSED BY:
By:
Date:
PROFESSIONAL:
Title:
~-~1-971.doc Page -
EXHIBIT "A" to Agreement for Purchase and Installation Services
Scope of Work
(To be completed prior to execution of Agreement)
See attachment "A" for Equipment to be purchased and installed.
~'~1-971.doc Page 8
PRICE QUOTATION
Quote # ASPEN 20q3-043 Page '1 of I
DATE: 10/22/2003 SALESPERSONi ERIK HAESSLY VALID FOR: 30 DAYS
ATTN: KEITH BULICZ
BILL TO: CITY OF ASPEN
RECREATION
ADDRESS: 130 S GALENA ST
ASPEN, CO 81611
PHONE: 970-920-5140
FAX: 970~920-7478
A'I-rN: KEITH BULICZ
SI::IIP TO: CITY OF ASPEN
ASPEN; CO 8161
QTY ITEM NUMBER DESCRIPTION' ' ~- ' · ' UNIT PRICE TOTAL
CARDIO EQUIPMENT , · $ -
2 PCC956 PRECOR 956 COMMERCIAL TREADMILL ~ $ 4,295.00 $ 8,590.00
MSRP: $6695 "~" , $
2 PCC546SP PRECOR 546 COMMERCIAL ELLIPTICAL $ 3,636.00 $ 7,272.00
MSRP:$5195 ~ ' ' / ' - $ ~ ·
2 PCC846UN pRECOR 846 COMMERICAL UPRIGHT BIKE $ 1,750.00 $' 3,500.00
, MsRP:$2795 .... ' ' ' ' ' ' $ -
2 PCC846RN PRECOR 846 cOMMERcIAl` RECUMBENTBIKE : $ 1,995.00 $ 3,990r. 00
' MSRP:$2995 ' ', , . ' - $
2 SWlCPRO SCHWINN SPINNER PRO 1,050.00
· $ 525.00 $
MSRP. $799 , .... , , $ --
2 PCC764 PRECOR 764 COMMERCIAL CLIMBER' "' ' " $ 2,180.00 $ 4,360.00
MSRP:$3195 , : , , $ -
2 STT000PT " STAIRMASTER 7000PT STEPMILL "" ' $ 3,463.00 $ 6,926.00
MSRP: $4999 ' ' ~ ,, $ -* '
1 PMAP2600 PARAMouNTAP-2600 SEATED cHEST pREsS 21iE~T $ 1,946.00 $ 11946.oo
MSRP: $2780,. $
1 PMAP2700 PARAMOUNTAP-2700 sHoULDER 170's~r " $ 1,785.00 $ 1,785.00
MSRP:$2550 , , , , i ~' ,. $
1 PMAP2800 PARAMOUNT'AP~2800 LEG PRESS 3t0 ST ' ' $ 2,611.00 $ 2,6~1.00
MSRP:$3730 ' ~ ' ' ,.:. , ,~ j,~ '~ $
1 PMAP2300 PARAMOUNTAPL2300 BICEP CURL 170ST ' $ 1,897.00 $ 1,897.00
MSRP $27~10 · , "~ :.: $ -
1 PMAP2200 PARAMOUNT AP-:2200 TR CEP EXT 170 ST ' $ 1,988.00 $ 1,988.00
MSRP: $2840 ' ' ~ ~ $
' :,:.,:, ..I EQUIPMENT TOTAL PAGE I $ 45,915.00
12
~oad ~.
PRICE QUOTATION Qu°te#AsPEN 2003:043 ·
QTY ITEM NUMBER DESCR PTION
. UNIT PRICE TOTAL
1 PMAP2000 PARAMOUNT AP-2000 LEG EXT 25'0 ST' ~ .... $ 1,953:00 $ 1,953.00
MSRP: $2790 : ' ' . ' ~ $ -
1 PMAP2100 PARAMOUNT AP-2100 LEGCUF~L 250 S'I: , ' $ 2,083.00 $ 2,083.00
' ' ' ' MSRP: $2975 ' "" $
1 PMAP2400 PARAMOUNTAP-2400 LATPULLDOWN 210 ST $ 1,568.00 $ 1,568.00
MSRp: $2240 · · ·$ -
1 PMSF1400 PARAMOUNT SF-1400 INNEI~OUTER'THiG~';~S~ $ 1,659.00 $ 1,659.00
MSRP: $2370 '" i' ,.
I PMAP3200 PARAMOUNTAP:3200ABDOMINAE:I7~ST ' $ 1,911.00 $ 1,91,1.00
MsRP:$2730 ' ' ' '~'' '"' .' · $ , -
t. PMAP3300 PARAMOUN'i': AP-3300 LoWER BAC}~ l Y0 ST: ' ' $ 2,020.00 $ 2 020.00
MSRP:$2885~ '~ '' ~ '" $ ~ ·
1 PMMS5000 PARAMOUNT MS-2000 CABLE CROSS OVER 170 ST $ 3,024.00 $ 3 024.00
MSRP: $4320
ROw $~670
CABLE CRoss WITHOU~ LAT & : $ '
FOR THE CABLE CROS~ALONE~ ;' ' ' $ -
CABLE CROSS ATTACHMENTS . $
1 PMMS1500 PARAMOUNT MS-1500'LAT PULLDOWN 210 ST $ 1,152.00 $ 1,152.00
' · MSRP:$1645 ' ' :' : : · '~ $ .
[' 1 PMMS1600 MSRP:PARAMOUNTMS'1600 SEATED LoWRow2~0ST$1645. · . . $ 1,152.00 $$ 1,152.00
1' PMPFW5300 PARAMOUNT PFW-5300 ABDOMINAL CRUNCH $ 413.00 $ .413.00
MSRP:$$90 '' :' :',,~i
1 ' PMPFW6400~ PARAMOUNT pFW-6400 vERT CAE KNEE RAISE $ 389.00 $ 389.00
' MSRP: $555 , ,, $
1 ' PMPFT200-2 PARAMOUNT PFT-200 FUNCTiON~F '~J~iNE)~" $ 2,377.00 $ 2 377.00
. 2 WEIGHT STACKS) · ' - · · '; ~ ' ' ' $
$3395 ' - ' -
· MSRP: . $
EDGE ON 2 SIDES
WITH BEVELED ' ' ' '. ' " -" $ -
MSRP: $4318.63` ' ' : · ': $ -
1 SM CARDIO MATS 4 -3X6.5, 4-2.5X5, 6'~ 3X~ ' '.i ~ , . $
$
TERMS: NET 30 ' · ' ~ ~ -'" . EQUIPMENT TOTAL $ 68,479.00
· · , : ' - ' ' : ' DsCOUNT
. ' , , :', · ~ ' SUB-TOTAL $ 68479.00
. - ,~ ~, ,: ,' , ~'~ ' ,; , · :-' TAX
Pleaseprintr~imeaboveal~fsignbelow. ' . '' . ,; ;' / TOTAEWITH~'AX $ 68,479:00
I/We agree to purchase the above items and accept the
terms and conditions set forth in this agreement.
1266 E. Woodmen Road · 'Colorado Spring~.
DEPOSIT REQUIRED FOR ORDER
719.594.6912
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
(To be completed pr/or to execution of Agreement)
** See attached pages for warranties, delivery, and installation.
~ 1-971.doc Page 9
FITi ESS
Pro
Precor's c~
PRECOR-
PRODUCT WARRANTIES
· 7 years frame 5
parts, I Yearlabor ,
· lreadmilis 1'5 gears'rfiotor fan, 3 ~;~'~s"drive motor
· Self-Powered Ellipticals and Cycles - 1 year battery
1266 E. Woodmen Rb3.d ~ ' C61or~d$ ~Springs.
9:3'9~.6912
This limited warranty DOES NOT cover and no warranty is given with respect to:
1. Products not manufactured by Paramount.
2. Products which are altered without the express written consent of Paramount.
3. Products purchased other than directly from Paramount or through a Paramount
authorized dealer.
All warranty periods begin to mn from the date of delivery to the original purchaser.
The obligation of Paramount under this warranty is limited to repairing or replacing
warranted defective parts, as Paramount may elect, at the Paramount plant in Los
Angeles, California, without charge to purchaser for either parts or labor. Purchaser is
responsible for all transportation and insurance costs on returned or replaced equipment
to and from the Paramount plant in Los Angeles.
ANY IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE
IMPLIED WARRANTY OF MERCHANTABILITY, IS LIMITED TO ONE YEAR
DURATION FROM THE DATE OF DELIVERY TO THE ORIGINAL
PURCHASER. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO TI-~ ABOVE LIMITATION MAY NOT
APPLY TO YOU. THE REMEDY OF REPA1R AND REPLACEMENT IS THE
EXCLUSIVE AND SOLE REMEDY OF THE PURCHASER. PARAIvIOUNT SHALL
NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONTINGENT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT
AND LOST PROFITS OR REVENUE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
No action for breach of this written limited warranty or an implied warranty shall be
commenced more than one year after the accrual of the cause of action. This written
limited warranty is the complete, final and exclusive agreement of the parties with
respect to the quality or performance of the goods and any and all warranties and
representations. No modifications of this limited warranty or waiver of its terms shall be
binding on either party unless approved in writing by an authorized corporate officer of
Paramount. This limited warranty gives you specific legal tights, and you may also have
other rights, which may vary, from state to state. Contact Paramount Fimess Corp.,
6450 East Bandini Blvd., Los Angeles, California 90040-3185, before returning any
defective equipment.
Limited Warranty
Paramount Fitness Corp. warrants to the original purchaser that Paramount equipment
will be free from defects in material and workmanship under nonna! use and service for
the following periods and in the following respects:
~]e;'rlME W~, Welds. W~ight Plates'and ~,GOd& Rods
- Ca§tes afl'et all other components not mentioned et33~ere
in t~iS wam~
FIT ES$
STAFF TRAINING
A. LOCAL TRAINING
AS' rePresentative Fimess Systems,
Incl will provide ongoing training a§ the need' ariseS/hitiall~, we Will
take all ~taffthr0ugh a Piece by piece 0rientati6n~ This'~iil include
proper Usage~ Safety feature's, and benefits of the ~equipment. As time
pr0~resses and staff ghanges OcCur, We will Cohtirit~e tr~ing on an as
We are available to hold sesaons for'~he
questions on usage or function." : :' i' . .
FACTORY i
Fitness Systems, Inc. Will also line up
' repreS6nt~tives will come out'to d0'~ training Session. we can either
. do this hitialiy Or down the road ~ qUesti6n~'arise. 'My regiOn'al
- manger§'ham~are~ ..... ~ ,. : ..
Dave Elton with Precor and Chris Bab~dky wiflii~aramount.
C. SERVICE TRAINING
sFietneSs Systems, Inc. Will !ake ASpenq,Ruecreation
rvice techniques p~ertaining'~6' thee ipment 0~dered~' This can
~ither be ~eme!y in d~p~h or very ~/mal dePend/ng iipon A§pen
Recreations ~eeds ~d whethek a M°ntlily, Quarterly, Bi-annually,
Yearly or no agreem~'nt service agre6m~nt is m aCti0fi'. T~s Will
include any preventative maintenariee that Aspen Recreation wishes
to take°n themselves. Fitness Sy§temsI in~, will also~ suPply Aspen
Recreation with a Maiiitenance CD'- ROM on the desired e~lUipmem.
(4) '
719
719.594.6912
FITI'IES$'
Upon ordering equipment, the
cardiovascular equipment is 2-3 weeks and strength equipifient is 6-8 weeks.
Installation of equipment is anticipated to be One day, pending Lhe
~i accessibility of the area where the equiPinent Will be installedi
Complete Installation instructions will be furnished with the equipment that
OPTIONS
All Strength equipment comes in standard sky white powder-coat. Custom
pa~x is available for a set up fee of $200.00 plus $75.00/unit for the
Paramount Advanced'Performance Selectorized line. Th$ i~rice 0f~ustom
paint for the Performanc$ Free(vei'ght linb variesper ~it.
1266 E. WOodmen Road * Colorade Springs, CO 80920 · 7'i9.594.6969 * 'Fax 719.'594.69i2
FiT £$
· DELIVERY &
CHARGES
Frei
attachment A = $2923.00
equipment li'st in
1266 E. Woodmen Road · Colorado Springs, 'CO 80920
2
MEMORANDUM
TO:
FROM:
THRU:
THRU:
DATE:
RE:
Mayor and Council
Rebecca Hodgson, Purchasing Officer
Randy Ready, Asst. City Manager ~/T~/~
Steve Barwick, City Manager
· November 17, 2003
Resolution #/Og]?Series of 2003, Aspen Chamber Resort Marketing Plan
Approval
SUMMARY: Attached for your review is a proposed resolution and agreement with the Aspen
Chamber Resort Association regarding the City of Aspen Tourism Promotion Fund. A 1.0%
Visitor Benefit Tax on the short-term rental of commercial lodging accommodations was
approved by Aspen voters in November 2000. Fifty pement (50%) of the proceeds from the new
tax are dedicated to transportation services and fifty percent (50%) are dedicated to tourism
promotion activities as described in Ordinance Noi 45, Series 2000 and in the subsequent
Agreement effective February 27, 2001 between the City of Aspen and ACRA regarding the
tourism promotion fund.
PREVIOUS COUNCIL ACTION: Hana Pevny presented the 2004 ACRA Marketing Plan and
budget to Council during a work session on September 9, 2003.
CURRENT ISSUES: There are a few changes to the agreement to note:
· ACRA will receive distribution of the marketing funds collected for tourism promotion
strategies and activities on a monthly basis instead of quarterly.
· The term of the agreement is three years: From January 1, 2004 through December 31,
2006.
The Aspen Lodging Association was referenced in the original agreement. That
organization is not participating in the planning and delivery of the tourism promotion
activities as part of this agreement, except via its representatives on the ACRA Board
and via at least one meeting annually to review the tourism promotion plan prior to its
presentation to City Council.
Finally, not explicitly referenCed in this agreement, but formally approved by the ACRA Board
at its 11/11/03 meeting is the $25,000 in 2004 to be set aside from the marketing fund for the
Aspen Institute's conference coordinator position. The money from the marketing fund will be
matched by funding from the City general fund and the Institute for conference coordination.
RECOMMENDATION: Approve Resolution # ~0~Series of 2003.
RESOLUTION NO. ~iO~Jr'
Series of 2003 ' ~
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A FIRST
AMENDMENT AND RESTATED AGREEMENT BETWEEN THE CITY OF ASPEN,
COLORADO, AND THE ASPEN CHAMBER RESORT ASSOCIATION, AND
AUTHORIZING THE CITY MANAGER OR MAYOR TO EXECUTE SAID DOCUMENT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a First Amended and restated
Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association,
LLLP, a copy of which document is annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves a First Amended and restated
Agreement between the City of Aspen. Colorado and the Aspen Chamber Resort Association, a
copy of which document is annexed hereto, and does hereby authorize the City Manager or Mayor
of the City of Aspen to execute said document on behalf of the City of Aspen.
Dated: ,2003.
Helen Kalin Klandemd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of thal resolution adopted by the City Council of the City of Aspen.
Colorado, at a meeting held ., 2003.
Kathryn S. Koch, City Clerk
FIRST AMENDED AND RESTATED AGREEMENT
CITY OF ASPEN AND ACRA
RE: TOURISM PROMOTION FUND
THIS AGREEMENT is effective this day of November, 2003, by and between the
CITY OF ASPEN (the "City") and the ASPEN CHAMBER RESORT ASSOCIATION ("ACRA"),
RECITALS
1. The City and ACRA entered into that certain Agreement dated February 27, 2001,
and the parties hereto desire to amend said agreement.
2. The City Council has adopted Ordinance No. 45, Series of 2000, which imposes a
1.0% visitor benefits tax on condition that the voters of the City of Aspen approve the
aforementioned ballot question at the November 7, 2000 municipal election, which the voters did
approve.
3. Ordinance No. 45, Series of 2000, requires the City Council to appropriate 50% of
all revenues generated by the tax for marketing and promotional efforts for the City's tourism
industry.
4. The City desires to contract with an organization capable of performing the
marketing and promotional efforts contemplated by said ordinance.
5. The Aspen Chamber Resort Association desires to contract with the City to receive
funds appropriated by the City Council for tourism promotion activities and to thereafter perform
such tourism promotion activities on behalf of the City of Aspen.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties
agree as follows:
Intent of the parties. The parties to this Agreement agree that the following sets
forth their intent in entering into this agreement and the principles set forth below shall help guide
all future interpretations of this Agreement and the parties continuing relationship with respect to
the expenditure of tourism promotion funds of the City of Aspen.
a. The parties acknowledge that the City shall use funds generated by the
visitor benefits tax imposed by Ordinance No. 45, Series of 2000, to meet its
financial obligations pursuant to this Agreement~ Accordingly, the parties
acknowledge that the purpose, limitations, and administrative requirements of such
funds as set forth in said ordinance shall apply to this Agreement.
b. The parties intend to enter into a continuing relationship for multi-year
planning and implementation of tourism promotion activities as set forth herein.
c. The parties acknowledge that the purpose of the 1% visitor benefits tax is to,
inter alia, to generate sufficient funds primarily for new (i.e. developed since
February 27, 2001, strategies and activities) for planning and delivering tourism
promotion activities on behalf of the City of Aspen. Accordingly, the marketing plan
and budget contemplated b y t his Agreement s hall b e primarily for new strategies
and activities not currently funded by the City, ACRA or other third parties.
Scope of Services and Marketing Program.
a. During the City's annual budget review and adoption procedures, ACRA
shall recommend a marketing plan and budget for the City's forthcoming calendar
year.
b. The marketing plan and budget shall include the following:
planning and implementing the advertisement, promotion, and
development of tourism in the City of Aspen;
tourism advertising, written and graphic materials, and cooperative
and matching promotional materials;
gathering and disseminating information on the tourist industries and
attractions of the City of Aspen;
purchasing such equipment, materials, and supplies as shall be
necessary, to be used solely for tourist promotion;
contracting for those services and materials as may be incidental,
necessary, and appropriate to the accomplishment of the purposes of
the fund, including but not limited to, administrative, secretarial,
clerical, or professional services deemed necessary;
promoting conferences, conventions, and meetings of a commercial,
cultural, educational, or social nature to the City of Aspen;
promoting sporting events and social and cultural events sponsored
by non-profit organizations;
defraying administrative and clerical costs of collecting and
administering the tax, provided such expenses do not exceed the
actual costs of such administrative and clerical costs.
c. The marketing services shall be generally primarily for new (i.e. developed
since February 27, 2001 strategies and activities), and ACRA shall not defray costs
of existing programs, special events and marketing efforts including airport host
program, visitor center support among others with funds from the marketing fund.
Marketing funds may be used to enhance or promote existing tourism promotion
programs and special events.
d. The general nature and content of advertising paid for by the marketing fund
shall follow these guidelines: the purpose of advertising and promotion shall be to
enhance the year-round economy and public welfare of the City as a whole;
advertising and promotional efforts shall avoid undue emphasis upon any particular
commercial activity or enterprise that might be construed to create a competitive
disadvantage to other similar commercial enterprises; and there shall be no
advertising or promotion that is misleading or deceptive and therefore opposed to
the public interest or prejudicial to the interests of the City.
e. ACRA shall be solely responsible for planning and implementation of
specific details of the marketing program and may include the lodging community in
such planning. ACRA shall monitor the program and erasure conformance to its
budget. At least 70 per cent of the funds are to be expended on program costs, rather
than on support or staff. ACRA shall not use fund proceeds for its existing
operational costs, for expenses not directly atthbutable to the purposes of this
Agreement, or expenses not identified in its armual marketing plan and budget as
approved by the City Council.
f. The ACRA and the Aspen Lodging Association shall meet at least annually
before September 1 of each calendar year to review a tourism promotion plan and
budget for the City's following fiscal year prior to presentation to the City Council.
3. Term. The term of this Agreement shall be from January 1, 2004, through December
31, 2006. This Agreement may be terminated by either party as set forth at Section 7, below.
4. Reporting and Budgeting. ACRA shall submit a detailed marketing program and
expense budget for inclusion in City's budget packets, along with a review of the previous year's
program. The City Manager shall provide budget recommendations, including an estimate of
prospective tax proceeds, general fund contributions, prior year carry-forward balance, and interest
income. The marketing fund shall be eliminated from the City's Grant Panel Review process in that
it is its own separate fund. The ACRA is allowed and encouraged to attend and advise the City
Council at all such meetings where the marketing program and budget is discussed. The City shall
not unreasonably restrict, reallocate, or change the marketing program and budget as submitted by
the ACRA. ACRA shall provide annual reports to the City on the fund and expenditures from it.
5. Accounting. The City shall pay over to ACRA the marketing funds raised by the tax
on a monthly basis. ACRA shall be responsible for paying its vendors, suppliers, subcontractors,
staff, and the like. ACRA shall maintain the tax fund receipts in a separate and interest-beating
bank account from its general funds. The City may inspect ACRA's records upon reasonable notice.
All marketing funds accrued during the life of this Agreement shall be paid over to ACRA,
although ACRA shall account for and refund any funds not expended for the purposes set forth in
this Agreement.
6. Equal Access. Any and all businesses within the City shall be permitted equal access
and opportunity to participate in cooperative advertising efforts and package promotions
specifically related to and supported by the use of the marketing funds referenced in this
Agreement, whether or not the business is a member of the ACRA or the Aspen Lodging
Association. That is, to the maximum extent possible, ACRA shall make a distinction between
member service and other existing programs supported by membership dues, and new programs
supported by the City by this Agreement, and as to the latter, not discriminate based on
membership in the organizations.
7. Termination. Either party may terminate this agreement effective on December 31,
2004, or December 31, 2005; provided, however, that written notice is delivered to the other party
no later than September 30 of the year preceding the calendar year that termination is to become
effective.
8. Other Restrictions and Provisions.
a. The City shall not unreasonably with_hold or redirect funds from the
marketing funds raised by the visitor benefits tax that are to be handled by the ACRA. These are
intended to be additional funds for marketing, and the intent is that the City will continue its
existing funding (for the visitors center, etc.) as a floor, and not lessen those so that the marketing
funds from the tax are not absorbed into existing ACRA/City programs.
b. The marketing funds shall not be used for city capital projects such as the
construction of visitor information centers or other tourist amenities.
c. The City Council shall not, without prior consultation with ACRA, change
the agent assigned to manage the tourism marketing funds. Nor shall the City change that agent
without some sort of cause and explanation, and it shall consult with the ACRA as to any new fund
manager.
d. ACRA shall not use any of the marketing fund for providing direct
reservation services.
e. ACRA shall not use fund proceeds to influence the outcome of any election.
9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, representatives, successors and assigns and to any
person into or with which any party hereto may merge, consolidate, or reorganize.
10. Acknowledgments. The parties declare that they have read and understand the terms
of this Agreement, that they have had an opportunity to be represented by counsel with regard to
the execution of this Agreement, and that they execute this Agreement voluntarily and without
being pressured or influenced by any statement or representation made by any p~rson acting on
behalf of any one else.
11. Indemnification. ACRA agrees to indemnify and hold harmless the City, its officers,
employees, insurers, from and against all liability, claims and demands on account of injury, loss,
or damage, arising out of or in any manner connected with this Agreement, if such injury, loss, or
damage is caused in whole or in part, or is claimed to be caused in whole or in part by, the act,
omission, error, mistake, negligence, or other fault of ACRA, employee, representative, or agent.
ACRA agrees to investigate, handle, respond to, and to provide a defense for and defend against
any such liability, claims or demands at the sole expense of ACRA, or at the option of the City,
ACRA agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims or demands. If it is determined by the final judgment of
a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by
the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse
ACRA for the portion of the judgment attributable to such act, omission, or other fault of the City,
its officers, or employees. If any lawsuit challenges the City's authority to impose the visitor
benefits tax, the City shall be primarily responsible for the defense of the suit.
12. No Warranties. Except as expressly set forth in this Agreement, the parties have not
made and make no other representations, warranties, statements, promises or agreements to each
other.
13. Entire Agreement. The parties agree that this Agreement represents the entire
agreement and supersedes all prior agreements between and among them with regard to the subject
matter set forth herein, and may not be amended nor may any condition contained herein be waived
except by written instrument signed by all parties
14. Notices. Notices hereunder shall be sent to the City Manager and the City Attorney
at 130 S. Galena Street, Aspen CO 81611; to ACRA at Aspen Chamber Resort Association, 425
Rio Grande Place, Aspen CO 81611; and to Oates, Knezevich & Gardenswartz, P.C., 533 East
Hopkins Avenue, Aspen CO 81611.
15. Counterpart Signatures. This document may be executed in counterpart original
copies, with the original signatures on separate pages to be collated together on one original form
of the agreement.
Attest:
CITY OF ASPEN, a municipal corporation
By: Helen Kalin Klanderud, Mayor
Clerk
Attest:
Secretary
ASPE~ CHAIV~BI~R RESORT ASSOCIATION
B'~a Pevny, President
JPW-11/6/2003 -G:\john\wor&agr~acra-visitor-ben-tax-amend.doc
MEMORANDUM
TO:
THRU:
THRU:
FROM:
DATE:
RE:
Mayor and Council
Steve Barwick, City Manager
John Worcester, City Attorney
Hoefer, Assistant City Attorney ~
David
November 13, 2003
A RESOLUTION OF THE CITY OF ASPEN, COLORADO,
CONCERNING ACCESSIBILITY TO ITS SERVICES,
PROGRAMS, AND ACTIVITIES.
DISCUSSION: The Americans with Disabilities' Act of 1990 (ADA) requires that a
thorough self-evaluation process occur on Public Accommodations, including on local
government buildings. The ADA provides comprehensive civil rights protections to
qualified individuals with disabilities in the areas of employment, public services, public
accommodations, and transportation. The initial deadline for completing the self-
evaluation plan was January 26, 1993.
By this resolution the City is reaffirming its commitment to accessibility to it's services,
programs, and activities. Under the ADA a public entity must operate each program.
activity, or service so that it is, when viewed in its entirety, readily accessible to and
useable by individuals with disabilities, unless doing so would result in a fundamental
alteration in the nature of the program, activity~ or service; would result in undue
financial and administrative burdens; or threaten to destroy the historic significance of an
historic property.
During the re-evaluation process the city must:
Evaluate its currem services, policies, and practices and the effects thereof that do
not or may not meet the ADA requirements and to the extent modifications are
required, endeavor to make the necessary modifications,
Provide an opportunity to interested persons, including individuals with
disabilities or organizations representing individuals with disabilities, to
participate in the self-evaluation process by submitting comments.
3. For a least three years following its completion, maintain the self-evaluation on
file and make it available for public inspection.
Section 504 of the Rehabilitation Act, which is also referenced, is a federal law that
protects qualified individuals from discrimination based on their disability.
FINANCIAL IMPLICATIONS: There may be financial implications in bringing the
programs and services into compliance, but those are unknown at this time.
PROPOSED MOTION: I move to approve Resolution No./_~,, Series of 2003.
concerning accessibility to the City of Aspen's services, progratrIs, and activities.
CITY MANAGER COMMENTS:
RESOLUTION NO.
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, CONCERNING
ACCESSIBILITY TO ITS SERVICES, PROGRAMS, AND ACTIVITIES
WHEREAS, the City of Aspen, Colorado, is a public entity covered by Section 504 of
the Rehabilitation Act of 1973, as amended (hereinafter referred to as the "Rehabilitation
Act"), and the Americans with Disabilities Act of 1990 (hereinafter referred to as the
"ADA"), and
WHEREAS, the City of Aspen, Colorado, wishes to reaffirm its commitment to the
purposes of the applicable provisions of Section 504 of the Rehabilitation Act and to
affirm its commitment to the purpose of the applicable provisions of the ADA, and the
regulations implementing each, and
WHEREAS, the City of Aspen, Colorado, wishes to facilitate compliance with the
above-described laws and regulations by causing this resolution to be made available to
interested persons and to be published and other~vise disseminated to the public, and by
designating an individual to coordinate the City's efforts to comply with and carry out its
responsibilities, and to investigate and respond to complaints and grievances, under the
same,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section I.
Statement of commitment. The City of Aspen, Colorado, is committed to the applicable
principles of the Rehabilitation Act, the ADA, and the regulations implementing each.
Section 2.
Self-evaluation. The City of Aspen, Colorado, shall, for a period of one year from the
effective date of this resolution, evaluate its current services, policies, and practices, and
the effects thereof, to determine if the reqmrements of the applicable regulations have
been meet. To the extent that modification of any such services, policies, or practices is
required, the City shall endeavor to make the necessary modifications. Interested
persons, including individuals with disabilities and organizations representing individuals
with disabilities, are encouraged to participate in this self-evaluation process by
submitting comments to the City. If requested by such persons or organizations, a public
hearing shall be held by the City during the one year period.
Section 3.
Coordinator designated. The City's Assistant City Attorney is hereby designated as the
"ADA Coordinator." The ADA Coordinator shall coordinate the City of Aspen's efforts
to comply with and carry out its responsibilities under the applicable laws and
regulations. The ADA Coordinator shall cause to be investigated promptly any
complaint or grievance communicated to the City alleging the City's noncompliance with
the applicable laws and regulations or alleging any actions that would be prohibited
thereby and, following the investigation, shall communicate the results of the
investigation to the person or persons making the complaint. The ADA Coordinatoi may
be contacted as follows:
ADA Coordinator
City Hall
130 South Galena
Aspen, CO 81611
(970) 920-5055
(970) 920-5119 (fax)
Section 4.
Information to be made available. A copy of this resolution and such other information
as the ADA Coordinator finds necessary to apprise persons of the protections against
discrimination assured them under the applicable laws and regulations shall be made
available to applicants, participants, beneficiaries, and other interested persons in such
manner as the ADA Coordinator determines necessary or appropriate.
Section 5.
This resolution shall be published in at least one newspaper of general circulation in the
City of Aspen, Colorado, and shall be disseminated by such other means as are ava/lable
to the City of Aspen to communicate the provisions hereof to individuals with
disabilities.
ADOPTED this day of ,2003.
Mayor
ATTEST:
Kathryn Koch, City Clerk
TO:
THRU:
FROM:
RE:
MEMORANDUM
Mayor Klanderud and Aspen City Council
Julie Ann Woods, Community Development Director
Stephen Kanipe, Chief Building Official
Resolution No.10__~ Series of 2003
Town of Snowmass Village IGA allowing reciprocal inspection
coverage
DATE: November 24,2003
BACKGROUND:
This IGA is consistent with previous agreements through the City of Aspen regarding
electrical and combination inspection coverage. A change of jurisdiction makes this
necessary, as the former Basalt Electrical Inspector is now a Town of Snowmass Village
employee.
STAFF COMMENTS:
John Worcester has reviewed the Resolution and IGA and approved the form and content.
STAFF RECOMMENDATION:
Staff recommends this item be passed as part of the consent agenda.
CITY MANAGER'S COMMENTS: ~,
ATTACHMENTS
EXHIBIT A - INTERGOVERNMENTAL AGREEMENT BETWEEN ASPEN AND SNOWMASS
VILLAGE
RESOLUTION NO.
Series of 2003
A RESOLUTION OF THE CITY OF ASPEN. COLORADO. APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASSPEN AND THE
TOWN OF SNOWMASS VILLAGE FOR PERFORMING ELECTRICAl. PLUMBING.
MECHANICAL, AND BUILDING INSPECTIONS.
WHEREAS. there has been submitted m the City Council an Intergovernmental
Agreement between the City of Aspen and the Town of Snowmass Village to perform building,
plumbing, mechanical and electrical inspections: and
WHEREA, the City Council desires to enter into said agreement.
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN. COLORADO:
That the City Couneil of the City of Aspen hereby approves the Intergovernmental
Agreement with the Town of Snowmass Village in substantially the form as appended hereto as
Exhibit A and authorizes the Mayor to execute the same on behalf of the City of Aspen.
Dated: ,2003.
Helen Kalin Klandemd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held November 24, 2003.
Kathryn S. Koch, City Clerk
Jaw--H:/ccmemos/TOSV-iga.doc
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE cITy OF ASPEN AND THE TOWN OF SNOWMASS
VILLAGE
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the "agreement") is made
this day of ., 2003 by and between the CITY OF ASPEN (hereinafter
referred to as "City"), and the TOWN OF SNOWMASS VILLAGE (hereinafter referred
to as ("Town"). The City and Town are sometimes hereinafter referred to as the
"Governments".
AUTHO~TY
This agreement is entered into pursuant to C.R.S. 29-1-201 and Article XIV, Section 10
of the Colorado Constitution.
RECITALS
WHEREAS, the Governments are duly constituted governmental entities governed by
Boards or Councils elected by qualified electors of the City and Town all of which are
located in Colorado; and
WHEREAS, the jurisdictions of the Town of Snowmass Village and the City of Aspen
provide personnel for electrical, mechanical, plumbing and building inspections, and
inspection coverage is required during an inspector's vacation, illness or excess work
demands.
WHEREAS, the Board and Commission of the respective Governments are authorized to
execute this Agreement on behalf of the Governments; and
WHEREAS, the Governments have determined it is in the best interests of the citizens of
the City of Aspen and the Town of Snowmass Village to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
of the parties and other good and valuable Consideration, the adequacy and sufficiency of
which is hereby acknowledged, the parties agree as follows:
Reciprocal Use of Building Inspection Employees
a. The jurisdictions will make requests for reciprocal coverage 48 hours in
advance, if possible.
b. Subject to availability, Snowmass Village may perform any inspection the
City may need for $35.00 per trade, per inspection and vice-versa.
The inspections will be logged during the calendar year and the difference
settled prior to the end of February ofth~ following year. For example, if
the City performed 28 inspections for Snowmass Village and Snowmass
Village performed 20 inspections for the City, Snowmass would owe the
City $280.00. ~28~20=8 x $35.00=$280.00}. Payment shall be made no
later than March 21
Workers compensation coverage will be provided by and remmn with the
jurisdiction of the employer. For the purposes of this agreement, the City
of Aspen will name the Town of Snowmass Village as additional insured
on its general liability policy and Snowmass Village will name the City of
Aspen as an additional insured on their general liability policy.
Modification
a. This agreement may be changed or modified only in writing by an
agreement approved by the respective Boards of the Governments, and
signed by authorized officers of each party.
3. Severabili .ty
a. Should any one or more sections or provisions of this Agreemem be
judicially adjudged invalid or unenforceable, such judgment shall not
affect. ~mpair or invalidate the remaining provisions of this Agreement,
the intention being that the various sections and provisions hereof are
severable.
4. Notices
Any notice required or permitted under this Agreement shall be in xvriting
and shall be hand delivered or sent by registered or certified regular mail.
postage prepaid, to the address of the parties set forth. Ail notices so
given shall be considered effective 72 hours after deposit in the United
States mail with the proper addresses as set forth below. Either party by
notice sent pursuant to this paragraph may change the address ro which
future notices shall be sent.
Town: Town of Snowmass Village
c/o Town Manager
P.O. Box 5010
Snowmass Village, CO 81615
City: City of Aspen
c/o City Manager
530 East Main Street - 3rd Floor
Aspen, CO 81611
The foregoing Agreemem ~s approved by the City Council of the City of Aspen ar
its regular meeting held on the day of . 2003 and by the Town
Council of the Town of Snowmass Village at its regular meeting held on the day
of ,2003.
ATTEST:
CITY OF ASPEN, COLORADO
By
Mayor
City Clerk
TOWN OF SNOWMASS VILLAGE, COLORADO
By
Mayor
ATTEST
Town Clerk
MEMORANDUM
TO:
THRU:
FROM:
RE:
DATE:
Mayor Klanderud and Aspen City Council
Steve Barwick. City Manager
Julie Ann Woods. Communi .ty Development Director~fi~'~'"~--
Stephen Kanipe, Chief Building Official
Amendments to Aspen Municipal Code Title 8. Building and Building
Regulations, first reading of Ordinance #~,~, Series of 2003
November 24, 2003
SUMMARY: The City of Aspen Building Department and the Pitkin County Building
Department, in accordance with our IGA, have prepared the amendment package for the
2003 editions of the IntemationaI Codes. The majority of the amendments are "house
keeping" issues specific to the administration of Codes. All references to fees have been
moved from the body of the regulations and incorporated into the fee ordinance. This
allows the fee structure to change independent of the building regulations. The contractor
licensing provisions have changed to coordinate with the new code definitions and
seldom used specialty licenses have been eliminated.
GENERAL: The Uniform Building Code and its companion codes have regulated
construction in Aspen and Pitkin County since the first days of the building department.
These codes are no longer published. The International Conference of Building Officials
(ICBO), which produced and maintained the Uniform codes, has merged with the two
other regional code councils to become the Intemationai Code Council. The ICC has
produced a family of codes that are now being adopted across the United States.
Staff introduced the codes to the building community in two ways. First, almost two
hundred architects, contractors, carpenters and design professionals attended two
seminars on the I-Codes, on November 13 and 14. Second, staff met together with review
panels composed of representative members of those groups that work closely with the
codes such as architects, plmnbers, contractors, etc. These panels along with staff
members reviewed the codes and discussed the proposed amendments that effect the
regulations.
Staff proposes to adopt the following codes: International Building Code, International
Residential Code for One- and Two-Family Dwellings, International Plumbing Code,
International Mechanical Code, International Fuel Gas Code, International Existing
Building Code, and the International ~Electrical Code Administrative Provisions.
The I-Codes bear many similarities to the Uniform Codes both in content and in format.
Users of the codes should not find the transition difficult, and we are doing our best to
prepare them for the change. In most cases, the I-Codes are not as restrictive as the
Uniform Codes. One noticeable difference is that the 1-Codes have a separate code
dedicated solely to one- and two-family residences and townhomes. It includes all the
information required for this type of construction including, building, pkmabing,
mechanical and electrical codes, and is the only codebook that the homebuilder needs.
The IRC has been well received by all that are introduced to it.
STAFF REC~O,,¥MENDATION: Staff recommends that City Council approve
Ordinance #~, Series of 2003, on first reading and set the public hearing for December
,2003. --
RECOMMENDED
MOTION:
I
move to approve Ordinance ~_, Series of 2003,
on first reading".
CITY MANAGER COMMENTS:
ORDINANCE NO.~-~
Series of 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ADOPTING 2003 EDITIONS OF CERTAIN INTERNATIONAL
BUILDING CODES, AMENDING REQUIREMENTS, PROCEDURES AND
CRITERIA FOR CONSTRUCTION CONTRACTOR TESTING AND LICENSING.
WHEREAS, the Uniform Building Codes are no longer being published; and
WHEREAS, to stay current with new building construction technology and
national and state standards the International Code Council publishes the new standard;
and
WHEREAS, the purpose of this code is to provide for and promote the health,
safety and welfare of Aspen residents and visitors; and
WHEREAS, numerous public educational meetings to introduce the new' codes
have been held and opportunities for interested party input regarding adoption of the new
codes have been available; and
WHEREAS, coordination between jurisdictions in the Roaring Fork Valley to
adopt the International Codes will aid in the uniform amd effective regulation of persons
engaged in construction activities, ensuring increased public safety; and
WHEREAS, the Chief Building Official, also referred to herein as the "building
official" is authorized by the City Council to administer and enforce this code.
NOW, THEREFORE, BE IT ORDAINED By THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1. That Section 8.20 of the Municipal Code of the City of Aspen,
Colorado adopting the 1997 editions of the Uniform Building Code Volumes I, II and III
be and is hereby repealed and reenacted to read as follows:
Section 8.20.010 Adoption of the 2003 Edition of the International BUilding
Code.
Pursuant to the powers and authority conferred by the laws of the State of Colorado
and the Charter of the City of Aspen, Colorado, there is hereby adopted and
incorporated herein by reference as if fully set forth those regulations contained in
the International Building Code, 2003 Edition, including Appendix C, E, I and J
published by the International Code Council, 4051 West Flossmoor Road, Country
Club Hills, Illinois, 60478-5795, except as other~vise provided by amendment or
deletion as contained in Section 8.20.020 of this chapter. At least one (1) copy of
the International Building Code shall be available for inspection during regular
business hours. (Ord. No. 55-1999 § 2 (part))
Section 8.20.020 Amendments
The International Building Code, 2003 Edition, as adopted by the City of Aspen at
Section 8.20.0i0 is hereby amended to read as follows;
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) Section 101.4 "Referenced Codes" is hereby amended and to read as follows:
The other codes listed in Sections 101.4.1 through 101.4.5 and referenced elsewhere in
this code shall be considered part of the requirements of this code to the prescribed extent
of each reference.
(c) Section 101.4.1 "ElectricaI" is hereby amendedto readas follows:
The provisions of the most current version of the National Electric Code shall apply to
the installation of electrical systems, including alternations, repairs, replacement,
equipment, appliances, fixtures, fittings and appurtenances thereto.
(0) Section I01.4.5 "Property Maintenance" is hereby deleted in it entirety.
(e) Section 1'04.6 "Fire Prevention" is hereby deleted in it entirety.
(f) Section 101.4.7 "Energy" is hereby amended and to read as follows:
Section 101.4.5 Energy. The provisions of the most current version of the "City of Aspen
Energy Conservation Code" shall apply to all matters governing the design and
construction of buildings for energy efficiency.
(§) Section 102.5 "Existing Structures" is hereby amended and to read as follows:
The legal occupancy of any structm'e existing on the date of adoption Of this code shall be
permitted to continue without change, except as is specifically covered in this code, the
International Existing Building Code or as is deemed necessary by the building official
for the general safety and welfare of the occupants and the public.
(h) SECTION 103 DEPARTMENT OF BUILDING SAFETY is hereby amended to read
as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section I03.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
2
Section ! 03.3 "Deputies" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] For the
maintenance of existing building, see the International Existing Building Code.
(i) Section 104.6 "Right of Entry' is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] If entry is refused,
or no person having charge or control over the building or premises can be located,
the building official shall obtain a warrant from the City of Aspen Municipal Court
authorizing the building official to make entry onto the building or premises.
(j) Section 104.8 "Liability" is hereby amended to read as folloxvs:
The Building Official, or his authorized representative charged with the enforcement of
this code, acting in good faith and without malice in the discharge of his duties, shall not
thereby render himself personally liable for any damage that may accrue to persons or
property as a result of any act or omission in the discharge of his duties.
This code shall not be construed to relieve or lessen the responsibility of any person
owning, operating or controlling any building or structure for any damage to persons or
property caused by defects on or in such premises, nor shall the code enforcement
agency, any employee thereof, or City of Aspen be held as assuming any such
responsibility or liability by reason of the adoption of this code or by the exercise of
inspections authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
(k) Section 105.3.2 "Time limitation of application" is hereby amended to read as
follows:
An application for any proposed work shall be deemed to have been abandoned six (6)
months after the date of filing, unless such application has been pursed in good faith or a
permit has been issued. The building official is authorized to grant on extension not
exceeding six (6) months. The extension shall be requested in writing and justifiable
cause demonstrated.
(I) Section 105.5 "Expiration" is hereby amended to read as follows:
Every permit issued by the building official under the provisions of this code shall expire
twelve (12) months after the date of issue.
(m) Section 106.3.3 "Phased Approval" is hereby amended to read as follows:
The building official is authorized to issue a permit for the construction of the foundation
of a building only after the documents for the whole building or structure have been
submitted and approved by the appropriate referral agencies. The holder of a foundation
permit shall proceed at the holder's own risk without assurance that a permit for the entire
structure will be granted.
(n) Section 108.I "Payment of fees" is hereby amended to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(o) Section 109.3.1 "Other Inspections" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] Other inspections
shall include bnt not be limited to line-grade verification and snow melt insulation and
controls.
(p) Section 109.3.10 "Final InspeCtion" is hereby amended to read as follows:
The final inspection shall be made after all work required by the building permit is
completed and all applicable referral agencies have accepted the work to comply with
conditions of approval and any specific regulations.
(q) Add Section 109.7 Reinspections. A reinspection fee may be assessed xvhen an
inspection is called for and the work is not complete, required corrections are not made,
field copy of approved plans is not readily available to the inspector, work is not
accessible or for deviating from approved plans.
(r) Section 110.3 "Temporary Occupancy" is hereby deleted and replaced to read as
follo~vs:
Section 110.3 Conditional occupancy. The building official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by
the permit or conditions of approval, provided that portions of the building shall be
occupied safely. The conditional certificate of occupancy shall clearly state the portions
of the building that may be occupied, the conditions that must be met and a time period
during which the conditional certificate of occUPancy is valid
(s) Section 112.1 "Board of Appeals, General" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] The Building
Code Board of Appeals shall possess that authority as provided in the Municipal Code of
the City of Aspen 8.08.
(t) Section 406.4.2 "Ventilation" is hereby amended to read as follows:
A mechanical ventilation system shall be provided in accordance with the International
Mechanical Code or an alternate design appropriate to cold climate conditions and
meeting acceptable CO levels may be proposed as an alternate design method,
NOTE: Unless specifically addressed below any sections designated by [FI may be
amended by The Fire Marshal in the Municipal Code of the City of Aspen 11.04.
(u) Section IF] 903.2 "Where required" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] ...in this Section
and in all structures 5.000 square feet or greater as defined by fire area (Section 702.1)
and R occupancy structures with four (4~ or more dwelling units and two (2) or more
stories high.
(v) Section [F] 907.2.9 "Group R-2" is hereby amended to read as follows:
A manual fire alarm system shali be installed in Group R-2 occupancies where:
1. Any dwelling unit or sleeping unit is located two or more stories above the lowest
level of exit discharge:
2. [Remains as ~sl
3. The building contains more than three dwelling units or sleeping units.
(w) Add Section 1504.8 Snow shed design. - Roofs shall be designed so that they do
not shed ice and snow onto potentially occupied areas such as a walkway, stmrway, alley,
deck, pedestrian and vehicular exits from buildings or areas where there is potential for
personal injury or property damage and areas directly above or m front of gas utility or
electric utility meters.
Exception: Mechanical barriers installed to roof framing members or solid blocking
secured to framing in accordance to manufacturers instructions.
(x) Section 1507.2.8.2 "Ice dam membrane" is hereby amended to read as follows:
Ice dam protection shall extend from the roof eve edge at least Six feet inside the exterior
wall line, twenty-four inches from the centerline of the valley and up twenty-four inches
on the vertical wall at a roof and wall juncture.
(y) Section 1607.2 "Ground snow loads" is hereby amended to read as follows:
The ground snow load to be used in determining the snow loads for roofs shall be 75
pounds per square foot in the City of Aspen.
(z) Section 1612.3. Insert: City of Aspen for [NAME OF JURISDICTION]
5
(aa) Section 1612.3. Insert: June 4, 1987 for [DATE OF ISSUANCEI
(bb) Section i805.2.1 item #1 "Frost protection" is hereby amended to read as follows:
Frost protection depth shall be thirty-six (36) inches.
(cc) Section 1807.4.3 "Drainage discharge" is hereby amended as follows:
Delete Exception
(dd) Add Section 2111.1.1 Fireplaces allowed. The number of fireplaces allowed shall
be determined by the Municipal Code of the City of Aspen Section 13.08.070.
(ee) Add Section 3001.5 Permits required. Elevator permits and inspections are
required through the Northwest Colorado Council of Governments (NWCCOG).
(ff) Section 3409.2. Insert: [DATE 1N ONE LOCATION]
Section 2.
That Section 8.16 of the Municipal Code of the City of Aspen. Colorado adopting
the 2003 edition of the International Residential Code is enacted to read as follows:
Section 8.16.010 Adoption of the 2003 Edition of the International Residential
Code.
Pursuant to the powers and authority conferred by the laws of the State of Colorado
and the Charter of the City of Aspen. Colorado, there is hereby adopted and
incorporated herein by reference as if fully set forth those regulations contained in
the International Residential Code. 2003 Edition. including Appendix E, F. H, J
and K as published by the International Code Council, 4051 West Flossmoor Road.
Country Club Hills. Illinois. 60478-5795, except as otherwise provided by
amendment or deletion as contained in Section 8.20.020 of this chapter. At least
one (1)copy of the International Residential Code shall be available for inspection
during regular business hours, tOrd. No. 55~1999 § 2 (part))
Section 8.16.620 Amendments
The International Residential Code, 2003 Edition, as adopted by the City of Aspen
at Section 8.20.010 is hereby amended to read as follows:
(a) Section R101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
Section R102.7 "Existing Structures" is hereby amended and to read as follows:
6
The legal occupancy of any structure existing on the date of adoption of this code shall be
permitted to continue without change, except as is specifically covered in this code, the
International Existing Building Code or as is deemed necessary by the building official
for the general safety and welfare of the occupants and the public.
(c) Section R103 DEPARTMENT OF BUILDING SAFETY is hereby amended and ro
read as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
(d) Section R104.6 "Right of Entry" is hereby amended to read as follows:
[The section shall remain as ~s except that the last sentence shall read:] If entry is refused.
or no person having charge or control over the building or premises can be located,
the building official shall obtain a warram from the City of Aspen Municipal Court
authorizing the building official to make entry onto the building or premises.
(e) Section t~104.8 "Liability" is hereby amended to read as follows:
The Building Official, or his authorized representative charged with the enforcement of
this code, acting in good faith and without malice in the discharge of his duties, shall
not thereby render himself personally liable for any damage that may accrue to
persons or property as a result of any act or omission in the discharge of his duties.
This code shall not be construed to relieve or lessen the responsibility of any person
oxvning, operating or controlling any building or structure for zuCy damage to persons
or property caused by defects on or in such premises, nor shall the code enforcement
agency, any employee thereof, or City of Aspen be held as assuming any such
responsibility or liability by reason of the adoption of this code or by the exercise of
inspections authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
(f) Section R105.3.2 "Time limitation of application" is hereby amended to read as
follows:
An application for any proposed work shall be deemed to have been abandoned six (6)
months after the date of filing, unless such application has been pursued in good faith or a
permit has been issued. The building official is authorized to grant on extension not
exceeding six (6) months. The extension shall be requested in writing and justifiable
cause demonstrated.
(g) Section R105.5 "Expiration' is hereby amended and to read as follows:
Every permit issued by the building official under the provisions of this code shall expire
twelve (12) months after the date of issue.
(h) Section R106.3.3 ?hased Approval" is hereby amended to read as follows:
The building official is authorized to issue a permit for the construction of the foundation
of a building only after the documents for the whole building or structure have been
submitted and approved by the appropriate referral agencies. The holder of a foundation
permit shall proceed at the holder's own risk without assurance that a permit for the entire
structure will be granted.
(i) Section R108.1 "Payment of fees' is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(j) Section R109.3.1 "Other Inspections" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] Other inspections
shall include but not be limited to line-grade verification and snow melt insulation and
controls.
(k) Section R109.3.10 "Finai Inspection" is hereby amended to read as follows:
The final inspection shall be made after all work required by the building permit is
completed and all applicable referral agencies have accepted the work to comply ~vith
conditions of approval and any specific regulations.
(1) Add Section R109.5 Reinspections. A reinspection fee may be assessed when an
inspection is called for and the work is not complete, required corrections are not made,
field copy of approved plans is not readily available to the inspector, work is not
accessible or for deviating form approved plans.
(m) Section 110.4 "Temporary Occupancy" is hereby deleted and replaced to read as
follows:
Section Rl10.4 Conditional occupancy. The building official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by
the permit or conditions of approval, provided that portions of the building shall be
occupied safely. The conditional certificate of occupancy shall clearly state the portions
of the building that may be occupied, the conditions that must be met and a time period
during which the conditional certificate of occupancy is valid.
(n) Section R112. I "Board of Appeals, General" is hereby amended to read as follows:
[The section shall remain as is except that the last sentence shall read:] The Building
Code Board of Appeals shall possess that authority as provided in the Municipal Code of
the City of Aspen 8.08.
(o) Add Section R324 Automatic fire sprinkler systems to read as follows:
Automatic fire sprinkler systems are required in all structures 5,000.square feet or greater
as defined by fire area ( IBC section 702.1) and in structures two stories or more in height
and containing four (4) or more dwelling units. Fire separations shall not constitute
separate buildings for this purpose.
(p) Add Section R903.5.1 Snow shed design. - Roofs shall be designed so that they do
not shed ice and snow onto potentially occupied areas such as a walkway, stairway, alley,
deck, pedestrian and vehicular exits from buildings or areas where there is potential for
personal injury or property damage and areas directly above or in front of gas utility or
electric utility meters.
Exception: Mechanical barriers installed to roof framing members or solid blocking
secured to framing in accordance to manufacturers instructions.
(q) Section R905.2.7.1 "Ice protection" is hereby amended and to read as follows:
Ice dam protection shall extend from the roof eve edge at least six feet inside the exterior
wall line, twenty-four inches from the centerline of the valley and up twenty-four inches
on the vertical wall at a roof and wall juncture.
(r) Add Section RI003.1.1 Fireplaces allowed. The number of fireplaces allowed shall
be determined by the Municipal Code of the City of Aspen Section 13208.070.
(s) Delete Chapter 11 in its entirety and replace to read as follows:
Chapter 11 Energy Effeciency The provisions of the most current version of the "City
of Aspen Energy Conservation Code" shall apply to ail matters governing the design and
construction of buildings for energy efficiency.
(t) Sectic~n G2425.8 item #7 is hereby amended and to read as follows:
Unvented room heaters are not allowed.
(u) Section G2445 Unvented room heaters is hereby amended and to read as follows:
[delete entire section and replace xvith the following} G2445.1 General Unrented room
heaters are not allowed.
(v) Section P3103.1 Roof extension. Shall read as follows:
9
All open vent pipes which extend through a roof Shall be terminated at least 12 inches
above the roof or 6 inches above the anticipated snow accumulation, except where a roof
is to be used for any purpose other than weather protection, the vent extensions shall be
run at least 7 feet above the roof.
Section 3.
That Section 8.12.060 of the Municipal Code ofth~ City of Aspen, Colorado establishing
fees for the Building Code Board of Appeals is amended to read as follows:
(a) General Contractor (Unlimited). This classification qualifies the holder to contract for
the construction, alteration, or repair of any structure of any type of construction and
occupancy group as permitted by the International Building Code.
(b) General Contractor (Commercial). This classification qualifies the holder to contract
for the construction of any structure of any type of construction and occupancy group
as permitted by the International Building Code, with the exception of Type I and
Type II buildings. Also this classification qualifies the holder for the alteration or
repair of any structure of any type of construction and occupancy group permitted by
the International Building Code.
(c) General Contractor (Light Commercial). This classification qualifies the holder to
contract for the construction, alteration, or repair of Groups A-2, A-3, B, E, M, R, S-
1, S-2 and U Occupancies with the exception of Type I and Type II buildings as
permitted by the International Building Code.
(d) General Contractor (Home Builder). This classification qualifies the holder for the
construction, alteration, or repair of buildings regulated by the International
Residential Code.
(e) Specialty. This classification qualifies the holder to contract for work involving
specialty trades regulated by the International Codes, including the following:
(1) Alteration and maintenance;
(2) Drywall;
(3) Fire alarm system installation;
(4) Fire sprinkler system installation;
(5) Historic specialty contractor
(6) Insulation;
(7) Mechanical contractor;
(8) Roofing;
(9) Solid fuel and gas appliance;
(10) Temporary contractor.
(f) For the purposes of this section a contractor or sub-contractor hired
specifically for one job may be issued a temporary contractors license. It shall only
be valid for six months. The applicant for a temporary contractors license shall
only be required to complete an application, no testing shall be required. Only one
temporary contractors license can be applied for within one year. (Ord. No. 55 § 1
(part))
10
Section 8.12.110 of the Municipal Code of the City of Aspen, Colorado establishing fees
for the contractor's licenses is amended to read as follows:
'.'Holders of contractor's licenses shall be required to pay a fee as established by
the Municipal Code of the City of Aspen 2.12.100".
Section 8.12.280 of the Municipal Code of the City of Aspen, Colorado establishing an
application fee for testing and processing is amended to read as follows:
"Applicants .for contractor's licenses testing shall be required to pay a fee as
established by the Municipal Code of the City of Aspen fee2.12.100'.
Section 8.12.370 of the Municipal Code of the City of Aspen, Colorado establishing fees
for the contractor's licenses is amended to read as follows:
"Holders of contractor's licenses shall be required to pay a fee as established by
the Municipal Code of the City of Aspen 2.12.100".
Section 4.
That Section 8.24 of the Municipal Code of the City of Aspen, Colorado adopting the
National Electrical Code, most current edition and Uniform Administrative Code
Provisions for the National Electrical Code, most current edition be is hereby repealed
and reenacted to read as follows:
Section 8.24.010 Adoption of the National Electrical Code, most current edition,
and the International Code Council Electrical Code Administration Provisions, most
current edition.
Pursuant to the power and authority conferred by the law of the State of Colorado and the
Charter of the City of Aspen, Colorado, it is hereby adopted herein by reference as if fully
set forth those regulations contained in the National Electrical Code, most current edition,
published by the National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts, 02269, and the International Code councii Electrical Code
Administration Provisions, most current edition, published by the International Code
Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as
otherxvise provided by amendment or deletion as contained in Section 8.24.020 of this
chapter. At least one (1) copy of the National Electrical Code and the International Code
Council Electrical Code Administration Provisions, most current edition, adopted by the
State of Colorado, shall be kept on file in the office of the Clerk of the City of Aspen,
Colorado, and shall be made available for inspection during regular business hours. (Code
1962, § 4-2-I; Ord. No. 46-1968; Ord. No. 55-1974, § 1; Ord. No. 2-1978, § 1; Ord. No.
i1
21-1991, § 1; Ord. No. 42-1993, § 1; Ord. No. 53-1994, § 26; Ord. No. 4-1996, § 1: Code
1971, § 7-156)
Section 8.24.020 Amendments
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) Section 301 DEPARTMENT OF ELECTRICAL INSPECTION is hereby amended
and to read as follows:
SECTION 301 ELECTRICAL INSPECTOR FOR THE DIVISION OF BUILDING
SAFETY
Section 301.1 Creation of electrical inspector. The Electrical Inspector for the
Division of Building Safety is hereby created and the official in charge thereof shall
be known as the building official. The function of the electrical inspector is to assist
the building official in the administration and enforcement of the provisions of this
code.
Section 301.2 Appointment. The building official of the jurisdiction shall appoint the
electrical inspector.
(c) Section 401.3 "Work exempt from permit" is hereby amended by deleting item 5:
[delete] 5. Electrical wiring, devices appliances, apparatus or equipment operhting at
less than 25 volts and not capable of supplying more than 50 watts of energy.
(d) Section 404.2 ~Schedule of permit fees" is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(e) Chapter 11 is deleted in its entirety and shall read as follows:
Section i 101. Appeals shall be in accordance with Section 8.08 of the Municipal Code of
the City of Aspen.
The following general amendments are made to the provisions of the National
Electrical Code, most current edition, herein adopted by reference:
(a) Ail 125 volt, single phase, 15 and 20 ampere receptacles to serve counter top
spaces installed within six (6) feet of a sink, shall have ground-fault circuit
interrupter protection for personnel.
(b) All storage areas and similar rooms in Residential Occupancies shall have
surface mounted lighting fixtures with a maximum lighting capability of 1 watt per
square foot and 1 duplex outlet per 100 square feet of floor area or fraction thereof.
12
(c) Article 210-52(d) Bathrooms. In dwelling units, at least one wall receptacle
outlet shall be installed in bathrooms within 36 in. (914mm) of the outside edge of
each basin. The receptacle outlet shall be located on a wall that is adjacent to the
basin and within 12 in of the top of the basin. See Section 210-8(a)(1).
(d) Receptacle outlets shall not be installed in a face up position in the work
surfaces or countertops in a bathroom basin location. (Ord. No. 55-1999 § 3 (part))
Section 5.
That Section 8.28 of the Municipal Code of the City of Aspen, Colorado adopting the
2003 edition of the International Fuel Gas Code by and is hereby enacted to read as
follows:
Section 8.16,010 Adoption of the 2003 Edition of the International Fuel Ga,s
Code.
Pursuant to the powers and authority conferred by the laws of the State of Colorado
and the Charter of th~ City of Aspen, Colorado, there is hereby adopted and
incorporated herein by reference as if fully set forth those regulations contained in
the International Fuel Gas Code, 2003 Edition, as published by the International
Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-
5795, except as otherwise provided by amendment or deletion as contained in
Section 8.16.020 of this chapter. At least one (1) copy of the International Fuel Gas
Code shall be available for inspection during regular business hours. (Ord. No. 55-
1999 § 2 (part))
Section 8.16.020 Amendments
The International Fuel Gas Code, 2003 Edition, as adopted by the City of Aspen at
section 8.20.010 is hereby amended to read as follows:
(a) Section 101.1(IFGC) Insert: City of Aspen for [NAME OF JURISDICTION]
(b) SECTION 103(IFGC) DEPARTMENT OF INSPECTION is hereby amended and to
read as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
(c) Section 106.5.2 "Fee schedule" is hereby amended and to read as follows:
13
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(d) Section 106.5.3 Fee refunds. Insert: 80% for [SPECIFY PERCENTAGE]
(e) Section 109 (IFGC) Means of Appeal is deleted in its entirety and shall read as
follows:
Section 109.1 Appeals shall be in accordance with Section 8.08 of the Municipal Code of
the City of Aspen.
Section 6.
That Section 8.32 of the Municipal Code of the City of Aspen. Colorado adopting the
1997 edition of the Uniform Housing Code by and is hereby repealed and shall read as
follows:
Section 8.32.010 Adoption of the International Existing Building Code, 2003
Edition.
Pursuant to the powers and authority conferred by the laws of the State of Colorado
:and the Charter of the City of Aspen, Colorado, there is hereby adopted and
incorporated herein by reference as if fully set forth those regulations contained in
the International Existing Building Code, 2003 Edition, as published by the
International Code Council, 405i West Flossmoor Road, Country Club Hills,
Illinois, 60478-5795, except as otherwise provided by amendment or deletion as
contained in Section 8.16.020 of this chapter. At least one (1) copy of the
International Existing Building Code shall be available for inspection during
regular business hours. (Ord. No. 55-1999 § 2 (part))
Section 8.32.020, Amendments.
The International Existing Building Code, 2003 Edition as adopted by the City of
Aspen at section 8.32.010, is hereby amended to provide and read as follows:
(a) Section 101.1Insert: City 0fAspen for [NAME OF JURISDICTION]
(b) SECTION 103 DEPARTMENT OF BUILDING SAFETY is hereby amended and to
read as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
14
(c) Section 104.6 "Right of Entry" is hereby amended and to read as foiiows:
[The section shall remain as is except that the last sentence shall read:] If entry is refused,
or no person having charge or control over the building or premises can be located,
the building official shall obtain a warrant from the City of Aspen Municipal Court
authorizing the building official to mal~e entry Onto the building or premises.
(d) Section 104.8 "Liability" is hereby amended and to read as follows:
The Building Official, or his authorized representative charged with the enforcement
of this code, acting in good faith and without malice in the discharge of his duties,
shall not thereby render himself personally liable for any damage that may accrue to
persons or property as a result of any act or omission in the discharge of his duties.
This code shall not be construed to relieve or lessen the responsibility of any person
owning, operating or controlling any building or structure for any damage to persons
or property caused by defects on or in such premises, nor shall the code enforcement
agency, any employee thereof, or City of Aspen be held as assuming any such
responsibility or liability by reason of the adoption of this code or by the exercise of
inspections authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
(e) Section 105.3.2 "Time limitation of application" is hereby amended and to read as
follows:
An apPlication for any proposed work shall be deemed to have been abandoned six (6)
months after the date of filing, unless such application has been pursed in good faith or a
permit has been issued. The building official is authorized to grant on extension not
exceeding six (6) months. The extension shall be requested in writing and justifiable
cause demonstrated.
(f) Section 105.5 "Expiration" is hereby amended and to read as follows:
Every permit issued by the building official under the provisions of this code shall expire
twelve (12) months after the date of issue.
(g) Section 106.3.3 "Phased Approval" is hereby amended and to read as follows:
The building official is authorized to issue a permit for the construction of the foundation
of a building only after the documents for the whole building or structure have been
submitted and approved by the appropriate referral agencies. The holder of a foundation
permit shall proceed at the holder's own risk without assurance that a permit for the entire
structure will be granted.
15
(h) Section 110.3 "Temporary Occupancy" is hereby deleted and replaced to read as
follows:
Section 110.3 Conditional occupancy. The building official is authorized to issue a
conditional certificate of occupancy before the completion of the entire work covered by
the permit or conditions of approval, provided that portions of the building shall be
occupied safely. The conditional certificate of occupancy shall clearly state the portions
of the building that may be occupied, the conditions that must be met and a time period
during which the conditional certificate of occupancy is valid
(i) Section 112.1 "Board of Appeals, General" is hereby mnended and to read as
follows:
[The section shall remain as is except that the last sentence shall read:] The Building
Code Board of Appeals shall posses that authority as provided in the Municipal Code of
the City of Aspen 8.08.
Section 7.
That Section 8.36 of the Municipal Code of the City of Aspen, Colorado adopting the
1997 edition of the International Plumbing Code is hereby repealed and reenacted to mad
as follows:
8.36.010 Adoption of the International Plumbing Code, 2003 Edition.
Pursuant to the powers and authority conferred by the laws of the State of
Colorado and the Charter of the City of Aspen, Colorado, there is hereby adopted
and incorporated herein by reference as if fully set forth those regulations
contained in the International Plumbing Code, 2003 Edition, including Appendix
C, E and F as published by the International Code Council, 4051 West Flossmoor
Road, Country Club Hills, Illinois, 60478-5795, except as otherwise provided by
amendment or deletion as contained in Section 8.16.020 of this chapter. At least
one (1) copy of the IntemationaI Plumbing Code shall be available for inspection
during regular business hours. (Ord. No. 55-1999 § 2 (part))
Section 8.16.020, Amendments.
The International Plumbing Code, 2003 Edition as adopted by the City of Aspen
· at section 8.16.010, is hereby amended to provide and read as follows:
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) SECTION 103 DEPARTMENT OF PLUMBING INSPECTION is hereby amended
and to read as follows:
16
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 The Division of Building Safety is hereby created and the official in
charge thereof shall be known as the building official.
(c) Section 104.8 "Liability" is hereby amended and to read as follows:
The Building Official, or his authorized representative charged with the enforcement of
this code, acting in good faith and without malice in the discharge of his duties, shall
not thereby render himself personally liable for any damage that may accrue to
persons or property as a result of any act or omission in the discharge of his duties.
This code shall not be construed to relieve or lessen the responsibility of any person
owning, operating or controlling any building or structure for any damage to persons
or property caused by defects on or in such premises, nor shall the code enforcement
agency, any employee thereof, or City of Aspen be held as assuming any such
responsibility or liability by reason of the adoption of this code or by the exercise of
inspections authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
(d) Section 104.5 "Right of Entry" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] If entry is refused,
or no person having charge or control over the building or premisek can be located,
'the building official shall obtain a warrant from the City of Aspen Municipal Court
authorizing the building official to make entry onto the building or premises.
(e) Section 106.5.3 "Expiration" is hereby amended and to read as follows:
Every permit issued by the building official under the provisions of this code shall expire
twelve (12) months after the date of issue.
(f) Section 106.5.4 "Extension" is hereby amended and to read as follows:
No extensions will be granted.
(g) Section 106.6.2 "Fee schedule" is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Municipal
Code of the City of Aspen are paid in full.
(h) Section 106.5.3 Fee refunds. Insert: 80% for [SPECIFY PERCENTAGE]
(i) Section 109 Means of Appeal is deleted in its entirety and shall read as follows:
17
Section 109.1 Appeals shall be in accordance with Section 8.08 of the Municipal Code of
the city of Aspen.
(j) Section 305.6.1 Sewer Depth. Insert 48 for [NUMBER]
(k) Table 702.3 Building Sewer Pipe is amended to delete "Vitrified clay pipe" as an
allowed material.
(1) Section 904.1 Roof Extension. Insert 12 for [NUMBER]
Section 8.
That Section 8.44 of the Municipal Code of the City of Aspen, Colorado adopting
the 1997 edition of the Uniform Mechanical Code, be and ,is hereby repealed and
reenacted to read as follows:
Section 8.44.010 Adoption of the 2003 Edition of the International Mechanical
Code.
Pursuant to the powers and authority conferred by the laws of the State of Colorado
and the Charter of the City of Aspen, Colorado, there is hereby adopted and
incorporated herein by reference as if fully set forth those regulations contained in
the International Mechanical Code, 2003 Edition, as published by the International
Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-
5795, except as otherwise provided by amendment or deletion as contained in
Section 8.44.020 of this chapter. At least one (I) copy of the International
Mechanical Code shall be available for inspection during regular business hours.
(Ord. No. 55-1999 § 2 (part))
Section 8.44.020, Amendments.
The Internatiofial Mechanical Code, 2003 Edition as adopted by the City of Aspen
at section 8.44.010, is hereby amended to provide and read as follows:
(a) Section 101.1 Insert: City of Aspen for [NAME OF JURISDICTION]
(b) SECTION 103 DEPARTMENT OF MECHANICAL INSPECTION is hereby
amended and to read as follows:
SECTION 103 DIVISION OF BUILDING SAFETY
Section 103.1 General. The Division of Building Safety is hereby created and the
official in charge thereof shali be known as the building official.
18
(c) Section 103.4 "Liability" is hereby amended and t0 read as follows:
The Building Official, or his authorized representative charged with the enforcement
of this code, acting in good faith and without malice in the discharge of his duties,
shall not thereby render himself personally liable for any damage that may accrue to
persons or property as a result of any act or omission in the discharge of his duties.
This code shall not be construed to relieve or lessen the responsibility of any person
owning, operating or controlling any building or structure for any damage to persons
or property caused by defects on or in such premises, nor shall the code enforcement
agency, any employee thereof, or City of Aspen be held as assuming any such
responsibility or liability by reason of the adoption of this code or by the exercise of
inspections authorized and carried out hereunder, or by the issuance of any permits or
certificates issued pursuant to this code.
(d) Section 104.5 "Right of Entry" is hereby amended and to read as follows:
[The section shall remain as is except that the last sentence shall read:] If entry is refused,
or no person having charge or control over the building or premises can be located,
the building official shall obtain a warrant from the City of Aspen Municipal Court
authorizing the building official to make entry onto the building or premises.
(e) Section 106.4.3 "Expiration" is hereby amended and to read as follows:
Every permit issued by the building' official under the provisions of this code shall expire
twelve (12) months after the date of issue. ~ .
(f) Section 106.4.4 "Extension" is hereby amended and to read as follows:
No extensions will be granted.
(g) Section 106.5.2 "Fee schedule" is hereby amended and to read as follows:
A permit shall not be valid until the fees prescribed by Section 2.12.100 of the MUnicipal
Code of the City of Aspen are paid in full.
(h) Section 106.5.3 Fee refunds. Insert: 80% for [SPECIFY PERCENTAGE]
(i) Section 109 Means of Appeal is deleted in its entirety and shall read as follows:
Section 109.1 Appeals shall be in accordance with Section 8.08 of the Municipal Code of
the City of Aspen.
19
(j) Add Section 901.5. Fireplaces allowed. The number of fireplaces allowed shall be
determined by the Municipal Code of the City of Aspen section i3.08.070,
(k ~ Section 903.3 "Unvented gas log heaters" is amended to read as follows:
Unvented gas log heaters are prohibited.
20
Section 9
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 10
This ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 11
A public hearing on the ordinance shall be held on the 8 th day of December, 2003 at
5:00 PM in the City Council Chamber. Aspen City hall. Aspen, Colorado.
INTRODUCED. READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the 24"~ day of November 2003.
ATTEST:
Helen Kalin Klanderud, Mayor
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of 2003.
ATTEST:
Helen Kalin Klanderud, Mayor
Kathryn S. Koch, City Clerk
21
TO:
THRU:
THRU:
FROM:
DATE:
RE:
MAYOR AND COUNCIL
STEVE BARWICK, CITY MANAGER
JOHN WORCESTER, CITY ATTORNEY
DAVID HOEFER~ ASSISTANT CITY ATTORNEY
NOVEMBER 10, 2003
AN ORDINANCE REPEALING IN IT'S ENTIRETY SECTION 601
AND ADOPTING IN REPLACEMENTA NEW SECTION 601 FOR
THE 2003 EDITION OF THE "MODEL TRAFFIC CODE. '
SUMMARY: The proposed ordinance would repeal and reenact Section 601 of the 2003
verslon'ofthe Model Traffic Code."
DISCUSSION: The 2003 Model Traffic Code, adopted by the City of Aspen in
Ordinance No. 49, Series 2003, was reviewed, as required by law, by the Colorado
Department of Transportation. The Department approved the City's version, including
our modifications, with the exception of Section 601, which is entitled "local
governments to sign highways, where." Consequently, this amendment repeals the City's
proposed language and adopts the language endorsed by the state. See the attached letter
from the Department of Transportation.
FINANCIAL IMPLICATIONS: None.
RECOMMENDATION: Staff recommends that the proposed ordinance be adopted to
bring the City's version of the 2003 Model Traffic Code into full compliance.
PROPOSED MOTION: Staffrecommends the following motion:
"I move to approve Ordinance No.(~0, Series of 2003, which repeals in it's entirety
Section 601 and adopts in replacement a new Section 601 for the 2003 edition of the
"Model Traffic Code.'"'
'CITY MANAGER COMMENTS:
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Engineering Branch
4201East Arkansas Avenue. EP700
Denver. Colorado 80222
303 512-5100 Voice
303 757-9219 Fax
STATE OF
COLORADO
November 4, 2003
Hon. Helen Klanderud
Mayor
City of Aspen
130 South Galena Street
Aspen CO 81611-1~75
RE: Model Traffic Code Ordinance Approval
Dear Mayor Klanderud
In ~ccordance with secnions 42-4-t10(t) Ce) and 43-2-135(1/(g).
C.R.S... City of Aspen Ordinance No. 49, Series 2003, dated September
22, 2003'adop~ing the 2003 Model Traffic Code, with amendments, is
hereby apuroved insofar as such traffic regulations pertain co streets
and highways within the City whick are parn of the Stame Highway
System.
However, page 3, sec~zon 601, paragraph (a), last sennence, of
Ordmnance No 49, to wit: "The location, c!rPe and design of all
parking control signs shall be as determined by the director of the
5ransportation department for the City of Aspen.", is disapproved.
The City of Aspen does not have the authority co design and locate
regulatory parking signs that are in conflict with the Manual on
Uniform Traffic Control Devices as published by the Federal Highway
Administration and adopted by the State.
Thank you for the cooperation shown no our Deparnment personnel.
Sincerely,
cc: Davi~ Hoefer, Esq., City Atty. Office/
File
ORDINANCE NO. ~, SERIES OF 2003
AN ORDINANCE REPEALING IN IT'S ENTIRETY SECTION 601 AND
ADOPTING IN REPLACEMENT A NEW SECTION 601 FOR THE 2003
EDITION OF THE "MODEL TRAFFIC CODE."
WHEREAS, the City Council of the City of Aspen by Ordinance 28, Series of 1996,
adopted the 1995 edition of the "Model Traffic Code for Colorado Municipalities"
with additions, modifications, and penalties, and
WHEREAS, the City Council of the City of Aspen by Ordinance 34, Series of 1997,
adopted further additions and modifications to the 1995 edition of the "Model Traffic
Code for Colorado Municipalities," and
WHEREAS, the City Council of the City of Aspen by Ordinance 5, Series of 1998,
amended the 1995 Edition of the "Model Traffic Code for Colorado Municipalities" by
the reorganization of subsections, and
WHEREAS, the City Council of the City of Aspen by Ordinance 49, Series of 2003,
repealed the 1995 Edition of the "Model Traffic Code for Colorado Municipalities" in its
entirety and adopted the 2003 Edition of the "Model Traffic Code for Colorado" with
additions, modifications, and penalties, and
WHEREAS, the Model Traffic Code of 2003, as amended, has been codified by
reference as Section 24.04.020 of the Municipal Code of the City of Aspen, and
WHEREAS, the Ordinance 49, Series of 2003, was approved by the Colorado
Department of Transportation except for Section 601, and
WHEREAS, the City of Aspen will by the repeal of the existing Section 601 and the
adoption of the new language bring Section 601 into state compliance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1. Adoption.
That Model Traffic Code Section 601 (which is identified within Section 24.04.020,
Model Traffic Code, of the Municipal Code of the City of Aspen, Colorado), is hereby
repealed in its entirety and reenacted to read as follows:
Section 601. Local governments to sign highways, where. This local government shall
place and maintain such traffic control devices, conforming to the "Manual of Uniform
Traffic Control Devices" and specifications, upon streets and highways as it deems
necessary to indicate and to carry out the proviszons of this Code or to regulate, warn. or
guide traffic.
Section 2.
This ordinance shall not have any effect on existing litigation and shall not operate
as an abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be construed
and concluded under such prior ordinances.
Section 3.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provismn and shall
not affect the validity of the remaining portions thereof.
Section 4.
A public hearing on the ordinance shall be held on the day of
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
,2003,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law
by the City Council of the City of Aspen on the day of ,2003.
2
ATTEST:
Helen Klanderud, Mayor
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
2003.
day of
ATTEST:
Helen Klanderud, Mayor
Kathryn S. Koch, City Clerk
TO:
THRU:
FROM:
DATE:
RE:
MEMORANDUM
Mayor & City Council /)
Paul Menter, Finance Direc~
Michael Phillip, Budget An~tyst
November 14, 2003
AdoPtion of Budget SuPplemental- Ordinance No. 62 (Series 2005)
SUMMARY:
Staff is requesting an amendment to the City's amended 2003 budget that increases the citywide total
expenditure appropriation from $89.3 million to $100.6 million, an increase orS11.3 million. This
expenditure increase is offset by adjustments netting to a $9.3 million estimated revenue increase.
The exhibit below outlines the supplemental request's impact on the City's financial outlook. The
figures below do not adjust for inter-fund transfers and departmental health insurance fund payments.
Original Amended
(Amts in Millions) 2003 Supplemental Ord. 2003
Budget #62 Request Budget
Revenues $77.3 $9.3 $78.1
Expenditures $89.3 $11.3 $100.6
Revenues minus Expenses $(12.0) ($2.0) ($12.7)
The City's funds are impacted by a negative $14 million difference between incoming 2003 estimated
revenues and 2003 amended expenditures, of which are to be funded from prior cash balances in the
respective funds. The Finance Department has determined that the respective funds have sufficient prior
year cash balances to support the supplemental request. Further, this supplemental request maintains the
financial integrity of the long-range plans of each of the funds out to 2013.
General Citywide Description
The supplemental appropriation request totaling $ I 1.3 million is made up of the follo~ving requests by
City department and/or fund. [Refer to Attachment A of the ordinance.]
Recreation Activities- $I61,623 of supplemental funding is requested. The $161,623 supplemental
includes $1 I5,623 for expenses incurred in 2003, (for new programs), that are consequently bringing in
new revenues; and $46,000 for six additional special events. Due to these events, special events revenues
will also exceed projections by $60,000. No negative impact on the General fund as a result of this
request.
Engineering - $94,000 of supplemental funding is requested. The $94,000 supplemental includes
$69,000 for the Aspen Mountain Drainage Escrow Pedestrian Plan project; and $25,000 to be
put into the Pedestrian Plan Main & Galena Traffic Signals project, funded from Fire department
and CDOT contributions. No negative impact on the General fund as a result of this request.
GIS- The reason for the supplemental of $68,926 is due to accounting changes where negative
expenditures, (County reimbursements~ refund of expenditures), have now been reclassified as revenues.
The change in accounting practice has resulted in total expenditures being stated in compliance with
accounting roles, instead of net expenditures for GIS operations.
IS- The reason for the supplemental of $7,038 is due to IS payroll costs associated with the transition
of records position to the Police Department.
Affordable Housing Fund- The $60,000 request, results from additional subsidy needed for the 620
Housing Authority Fund. The reason for the increase in subsidy is due to revenues coming in lower than
anticipated. Housing expenses are within original budget authority.
Debt Services Fund- Increase of $1.6 million for 2003 refunding of Red Brick bonds.
Truscott Place Housing Fund- Of the $6.57 million in one-time supplemental requests, $6.53 million
results from the refunding of the 1992 A bonds, 1993 A bonds, and 1993 B bonds; and $35,000 more
for maintenance costs, which will be offset by $35,000 in additional income expected.
Marolt Housing Fund- The $2.2 million supplemental request, results from the refinancing of the
1992 A bonds, 1993 A bonds, and 1993 B bonds.
Health Plan Internal Service- The reason for the supplemental of $261,716 is due health care costs
and number of claims being higher than anticipated. Funds exist to cover these costs from city and
employee contributions.
Police- The Police Department has requested $14,000 for overtime spent on DUI enforcement offset
by a state LEAF grant.
Community Development - The Community Development Department, has requested $12,000 that
City Council approved for the recently completed Fractional Fee Employee Generation Study.
Parks Fund-The Parks department has requested $103,652. Of the $103,652, '$16,000 is for Islen
landscaping, offset by the sale of 2 pickup trucks to housing. The remaining $116,152 provides budget
authority for the Nordic Trails program, $58,937, and budget authority for the recently completed
Wagner Park Project $28,718 (both items were approved by Council but not appropriated due to an
administrative oversight). (See attached memo)
Day Care Fund - All of the Day Care Funds $24,600 in expenditure increases are related to specific
grant funding. $5,000 is from the Aspen Valley Community Foundation, $10,000 is from the Aspen
Valley medical foundation, $8,000 is from the Elks club grant, and $1,600 is from a CORRA grant.
Kids First Fund- Of the $77,826 in expenditure increases $63,267 is from a grant from The Aspen
Valley Early childhood education initiative that become effective on July 1, 2003, $10,595 is from a
CORRA grant, and $4,000 is from Garfield COunty funding.
TranSPortation and Parking Control Fund- $15,000 in supplemental budget authority is requested
for the SH 82 Access Management and Traffic study.
Recommended Action:
Supplemental Budget.
Adoption of Ordinance No. 62 (Series 2003) will approve this 2003
CITY MANAGER COMMENTS:
3
ORDINANCE NO. 62
(Series of 2003)
AN ORDINANCE APPROPRIATING AN INCREASE IN GENERAL FUND
EXPENDITURES OF $357,588, An INCREASE IN THE PARKS FUND
EXPENDITURES OF $103,652, AN INCREASE IN THE AFFORDABLE
HOUSING FUND EXPENDITURES OF $60,000, AN INCREASE IN THE/DAY
CARE FUND EXPENDITURES OF $24,600, AN INCREASE IN THE KIDS
FIRST FUND OF $77,862, AN INCREASE IN THE DEBT SERVICE FUND OF
$1,606,630, AN INCREASE IN THETRUSCOTT I FUND OF $2,249,197, AN
INCREASE IN THE MAROLT FUND OF $6,578,119, An INCREASE IN THE
HEALTH PLAN EXPENDITURES OF $261;716, AND INCREASE TO THE
TRANSPORTATION FUND OF $15,000.
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may
make supplemental appropriations; and
WHEREAS, the City Manager has certified that the City has unappropriated current year
revenues and/or unappropriated prior year fund balance available for appropriations in
the following funds: General Fund, Parks Fund, Affordable Housing Fund, Day Care
Fund, Kids First Fund, Parks Fund, Debt Service Fund, Truscott I Fund, Marolt Fund,
Transportation Fund.
WHEREAS, the City Council is advised that certain expenditures, revenue and transfers
must be approved.
NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
Upon the City Manager's certification that there are current year revenues and/or prior
year fund balances available for appropriation in the General Fund, Parks Fund,
Affordable Housing Fund, Day Care Fund, Kids First Fund, Parks Fund, Debt Service
Fund, Truscott I Fund, Marolt Fund, Transportation Fund: the City Council hereby makes
supplemental appropriations as itemized in the Attachment A.
Section 2
If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for
any reason invalid or unconstitutional by any court or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion thereof.
Section 3
A public hearing on the ordinance shall be held December 8, 2003 at 5:00 p.m. in the
City Council Chamber, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by the City
Council of the City of Aspen, Colorado, at its regular meeting held November 24th, 2003.
HELEN KALIN KLANDERUD, Mayor
ATTEST:
KATHRYN KOCH, City Clerk
FINALLY, adopted, passed and approved on December 8, 2003.
HELEN KALIN KLANDERUD, Mayor
A
Total City of Aspen 2003 Expenditures
I
AccountNumber PundName 20~3Bud~et 2003Sup~emental 2003Amendended
Or_d~ance #62 Budget
00(~ AMP $ 3,743,105 $ $ 3,743,105
001 GENERAL FU~ -- $ 15,307,407 $-- 357,558 $ 15,664,995
10C PARKS & OPEN SPACE FUND $ _ 7,526,384 $ t03,652 $ 7,630,036
12C _WH_EELER TRANSFER TAX FUND $ 2,439,648$ $ 2.439,648
130 LodgingTax $ 717,858 $ $ 717,558
14{~ PARKING IMPROVEMENT FUND $ 1,549,929 $ $ 1,549,929
150.23 AFFORD. HOUSING $ ~.133,819 $ 60,000 $ 16,193,819
150.24 Kids Fimt FUND _ $ 991,930 $ 24,600 $ 1,016,530
151 Kids Fimt $ $ 77,862
200 Debt Se~ice Funds $ 5,842,413 $ 1,606,630 $ 7,449,043
340 BRIDGE AND TRAILS CAP PROJ FUND $ 3,127,000 $ $ 3,127,000
363 Capit~_l._Fu_n(~ $ 7,658,349 $ $ 7,658,349
421 WATER TTD FUND ~-- 5,809,101 $ $ 5,809,101
431 ELECTRICTTD FUND $ 4,668,074 $ $ 4,668,074
444 ?UEDI FUND I $ .... 376,796 $ $ 376,796
450 TRANSPORTATION/~-~RKING FUND ----- ~ -- 3,291,822 $ 15,000 $ 3,306,822
471 GOLFCOURSE FUND $ '~,344,700 $ $ 1,34~,,700
491 TRUSCOTT PLACE HO_USING FUND $ 4,923,452 $ 6,578,119 $ 11,501,571
492 MAROLT HOUSING FUND $ 709.957 $ 9,24~97 $ 2,959,154
____ 501 HEALTH PLAN INTERNAL SERVICE $~___~-95,636 $ __ 261,716 $ 2,257,352
620 HOUSING AUTHO~RiTY __ $ 1,002,516_ ~$-- $ 1,002,516
622 ~'MUGGLER MOUNTAIN FUND .... $ 112,982 $ __ $ 112,982
Grand Total City -~ 89,272,878.00 $ 11,334,363,72 $ 100,607,241.72
MEMORANDUM
To:
Thru:
From:
Date:
Re:
Mayor & Council
Steve Barwick, City Manager
Paul Menter, Finance Director
Jeff Woods, Parks & Recreation Manager
Tim Anderson, Recreation Director vr
Susan Arenella, Operations Mgr, Recreation
October 14, 2003
Supplemental Request - 2003 Recreation Budget
Summary:
The Recreation Department, through six additional special events, will
exceed it's 2003 expenditure projections by $46,000. Thanks to these new
events, revenues will also exceed projections in the amount of $60,000.
Staff is requesting a supplement of $46,000 in additional expenditures, to
be offset by $60,000 in additional revenues. This will result in a net
reduction to the general fund subsidy of $14,000.
These new events brought approximately 550 participants to town, along
with their families, to spend approximately $98,000 while here.
Manager's Comments:
TO: Mayor and City Council
THRU: City Manager's Office
Finance Office
FROM: Jim Considine, Information Systems
RE: 2003 Supplemental BUdget Request
DATE: 11/19/2003
Summary:
Coincidental with the resignation of Cathy Close, Iongtime City/County
Records Custodian, the responsibility for the Records position is being transferred
to the City Police Department.
I believe that the City and County are best served if this transition is
managed by providing considerable overlap for the new employee with Cathy Close.
I am recommending that the new person begin on November 24, 2003 and that
Cathy Close be employed on a part-time temporary basis until the end of 2003.
This request is for $7.038 to cover the costs associated with this
recommendation.
Background and Discussion:
There are no anticipated savings in the Records budget that could be used to
fund this recommendation.
This position is critical for the timely and accurate dissemination of law
enforcement records. Mistakes could be very costly from public safety and liability
points of view.
Cathy Close has considerable proprietary experience and knowledge that is
crucial to start the new person on the right foot.
This one-time request is for $7,038. to cover the 5 weeks of pay for the new
person ($3,870) and part-time employment of Cathy Close for the Month of
December at her current pay rate ($3,168). There are no on-going associated with
this request.
Alternatives:
IS and Police believe this is the only alternative to providing an effective and
risk minimizing transition. One alternative is to monitor progress and reduce
Cathy's employment period if the transition is proceeding better than anticipated.
MEMORANDUM
TO:
THRU:
FROM:
DATE:
RE:
Paul Menter. Finance DirecTor
Michael Phillips, Budget Analyst
Stephen EIIsperman, Deputy Parks Director
Karma Borgquist. Administrative Assistant
November 18, 2003
2003 Supplemental Requests
The Parks Depa~lment is requesting the following funds be carried forward to the 2003 budgeT.
These reouests were missed in the first supplemental for 2003.
GENERAL OPERATING EXPENDITURES
NORDIC TRAILS (I 0055-555523-xxxxx) $58,937
Please carry forward the remaining balance in this account. This program is governed by an IGA
between the City, County and Snowmass Village for operating the nordic program. The savings
in this program need [o De rolled over for either future needs for the program or refunded equally
between each government in the IGA.
CAPITAL EXPENDITURES
WAGNER PARK EDGE (363.94.56009.86740)
We are requesting these funds in order to finish the project that was started in 2002 and
completed in 2003.
$28,718
~ Fu~'~or~is program have been aeprIpri~ed but were posted on Ede~ into CCLC ,nsteal of into
the/Environ~tal Ranger program. W~a~ ~uesting a traT~ ~1~: ~
100.55,25600,83900
ISELIN LAN DSCAPING(100.94.83020.86000)
This request is offset by the sale of two pickup trucks to the Housing Department.
$16,000
TO:
THRU:
THRU:
FROM:
DATE:
RE:
Mayor and City Council
Steve Barwick, City Manager
Tim Anderson, JeffWoods, and Paul Menter
Shirley Ritter, Director, Kids First
2003 ~d_~irst supplemental request
SUMMARY:
In 2003 Kids First has had unanticipated revenues and formed the partnership with the Aspen
Valley Community Foundation resulting in new funding.
'2003 SUPPLEMENTAL REQUES~'S ACCOUNTS 150.24.*
Kids First is requesting $24,600 as a supplemental request to reflect revenues generated in the
150.24.* accounts, directly benefiting the city.
The first listed on the template below is for payment to Kids First for administrative and
oversight costs in the amount of $5,000. Our hope is to hire a temporary part time employee
to assist with some of those administrative duties so that existing staff will not be impacted
more than they already have been.
5The second source of revenue is the Aspen Valley Medical _Foundation. We were awarded a
grant for 3 years to fund reimbursement of nurse and mental consultation visits to childcare
programs and for education in these areas. A small amount of this grant is for administrative
costs as well. Total grant is $10,000 per year, 2003 is the second year we have received this
funding.
Kids First is the beneficiary of the Elks Club gold tournament held in September. We are told
to expect revenues in the $8,000 area. They are interested in funding professional
development and scholarships for childcare staff to increase skills and pr6mote higher
education levels.
~Ln 2003, part of the Colorado Office i~f Resource and Refeffal Agencies (CORRA) grant came
to Kids First to help fund referral services in Pitkin County, This is for the first 6 months of
the year, the second 6 months is being combined with the Aspen Valley Commtmity
Foundation initiative funds for the three county region. This amount is 1,600.
TOTAL SUPPLEMENTAL REQUEST $24,600 ACCOUNT 150.24.*
D:LHome~Kids FirsfibudgetsL2003\supplemental 2003.doc 1
DEPT Name: Kids First
DEPT Num.: 150.24.
Fund Number: 24000
RESP: Shirley Ritter
Supplemental Request #1:
CITY OF ASPEN
2003 Supplemental Request Form
Aspen Valley Community Foundation ECEI Grant
Justification:
Partnersh o with the foundation To provide Resource and Referral site-coaching,
community outreach and data collection from Aspen to Parachute. They raise the money,
Kids First is paid for oversight, training and supervision of staff.
Estimated Cost:
80*** Payroll and Benefits
TOTAL ESTIMATED COST:
Amount
$5,000
$5,000
Supplemental Request #2 Asoen Valley Medical Foundation Grant
Justification:
This is the second year of a three year grant - $10.000 each year to reimburse childcare
providers for nurse consultations and mental health consultations also for child
development and mental health education of providers and families who use childcare as a
means ro improve quality for children.
Estimated Cost:
80*** Payroll and Benefits
81.*** Training, Travel & Education
TOTAL ESTIMATED COST:
Supplemental Request #3 Elks Club Grant
Amount
$900
9.100
$10 000
Justification:
Elks golf tournament proceeds to benefit Kids First - to provide profession al development /
scholarships for early childhood education staff. This even~ nappens in Sepmm~er, so
estimated $8.000. with the opportunity to re-apply next year.
Estimated Cost:
80*** Payroll and Benefits
81'** Training, Travel & Education
TOTAL ESTIMATED COST:
Supplemental Request #4 CORRA Grant
Amount
$800
7,200
$8,000
Justification:
Grant funds to provide Resource and Referral services in Pitkin. Eagle. and Garfield
Estimated Cost:
80*** Payroll and Benefits
81'** Training, Travel & Education
83*** Materials and Supplies
TOTAL ESTIMATED COST:
Amount
6OO
1.000
$1.600
TOTAL OF 2003 SUPPLEMENTAL REQUESTS
D:kHomekKids First\budgetsk2003\supplementa12003.doc
$24.600
2003 SUPPLEMENTAL REQUESTS ACCOUNTS 151.24.24300.*
Because the Aspen Valley Communi~ Foundation Early childhood education initiative
(ECEI) happened during 2003 and became effective on July 1, 2003, it is necessay to request
supplemental funding to spend those funds as they are imended.
The total amount for 2003 for operations, staff, and programming is $76,773. New account
numbers have been assigned and accounts are being setap. Below is the budget detail based
on 6 months o£ operations in 2003.
DEPT Name:
DEPT Num.:
Fund Number:
RESP:
CITY OF ASPEN
2003 Supplemental Request Form
Kids First (Aspen Valley Community Foundation ECEI)
151.24
24300
Shirley Ritter
Supplemental Request #1: Aspen Valley Community Foundation ECEI Grant Justification: (6 months of 2003 funding)
Partnership with the foundation to provide Resource and Referral, site-coaching,
community outreach and data collection from Aspen to Parachute. They raise the money,
Kids First supervises staff and helps develop programs.
Estimated Cost:
80*** Payroll and Benefits
81'** Training, Travel & Education
82*** Professional Fees
83*** Materials and Supplies
85*** Equipment and Furniture <$5k
86*** Fixed Asset Expenditures (RENT)
Amount
$47,581
2,600
8,100
1,000
72O
3,267
TOTAL ESTIMATED COST:
$63,267
Supplemental Request ~
Justification:
Grant funds to
(Colorado Office of Resource and Referal Agencies) CORRA Grant
provide Resource and Referral services in Pitkin, Eagle, and Garfield
Estimated Cost:
80*** Payroll and Benefits
81'** Training, Travel & Education
TOTAL ESTIMATED COST:
Amount
$9,995
6OO
$10,595
Supplemental Request #5
Justification:
Grant funds to
Garfield County Funding
provide Resource and Referral services in Garfield Counties
Estimated Cost:
80*** Payroll and Benefits
TOTAL ESTIMATED COST:
Amount
$4,000
$4,000
TOTAL OF 2003 SUPPLEMENTAL REQUESTS
$77,862
D:kHomekKids First\budgetsk2003\supplementa12003.doc 3
TO:
TH~U:
CC:
FROM:
RE:
DATE:
Mayor and City Council
Randy Ready, Assistant City Manager
Finance Office
John D. Kmeger, Transportation Manager
2003 Supplemental Budget Request $15,000
November I0, 2003
Summary:
In July of 2003, City Council authorized the formation of the S-Curves Task Force. The mission 0fthe
S-Curves Task Force was to develop a range of feasible short and mid term alternatives as improvements to
the transportation capacity, safety, and appearance of the S-Curves. A 2003 Budget Supplemental Request
in the amount of $15,000 is solicited to pay for the professional facilitator and traffic engineering consultan~
hired to assist the Task Fome. The $15.000 Supplemental Request is being requested from the General
Fund to be transferred to the Transportation & Parking Department Professional Fees
account # 450.32.32100.82000.
Background and Discussion:
The City Council previously authorized $10,000 for the hiring of a tmffic-engmeermg consultant ~o assist
the S-Carves Task Force. The additional $5,000 in this request is to cover the cost of the facilitator that
was added to the team before the task force began work. The facilitator chaired the Task Force through
some difficult issues and meetings. The traffic-engineering consultant assisted the Task Force with
analyzing S-Curve alternatives and preparing the f'maI report for City Council. The Task Force originally
scheduled 5 meetings ro complete the analysis of the S-Curves. But, due to the difficult technical and
political nature of the S-Curves the Task Force had to add 3 more meetings and much more technical
analysis. This resulted in additional facilitator and consultant time. Staffis asking for an additional $5,000
to pay these additional expenses. The total Supplemental funds needed are $10,000 + $5,000 for a total of
$15,000.
The final report will be presented to City Council at a work session on November 25, 2003.
Alternatives:
None. City Council approved the spending of fimds at the formation of the S-Curves task Force. A
facilitator and consultant were hired as directed by City Council. Their professional serVices were used
during the S-Curves Task Force process.
TO:
THRU:
FROM:
RE:
MEMORANDUM
Mayor Klanderud and Aspen City Council
Iulie Ann Woods. Community Development Director ~
James Lindt, Plannerc.j {
Little Red Ski Haus Planned Unit Development Amendment.
Subdivision. and Timeshare- l~t Reading of Ordinance No.~>~ , Series
of 2003
DATE: November 24, 2003
REQUEST: The Applicant is requesting the appropriate land use approvals to
convert the existing Little Red Ski Itaus Lodge into a timeshare lodge.
PROPOSED ZONING: R/IVIF with a Lodge Preservation (LP) and PUD Overlay
LAND USE PUD Amendment. Subdivision, and Timeshare.
REQUESTS:
STAFF Staff recommends that City Council approve with conditions, the
RECOMMENDATION: proposed requests.
P & Z The Planning and Zoning Commission unanimously recommended that
RECOMMENDATION: City Council approve the proposal as requested.
SUMMARY OF REQUEST:
The Applicant, Little Red Ski Haus, LLC, represented by Gouger & Franzmann, LLC, is
requesting the appropriate land use approvals to convert the existing Little Red Ski Haus
Lodge into a timeshare lodge.
LAND USE ACTIONS REQUESTED:
The Applicant is requesting the following land use actions for the proposed conversion to
a timeshare lodge:
· PUD Amendment
· Subdivision
Timeshare
City Council shall approve, approve with conditions, or deny the proposed requests after
considering a recommendation from the Community Development Director and the
Planning and Zoning Commission.
-1-
BACKGROUND:
The Little Red Ski Haus Lodge located at 118 E. Cooper Avenue was renovated and
expanded in 2001. In conjunction with the expansion of the structure, a PUD was
approved to establish the site-specific development plan that currently exists. The
property was also rezoned to include a Lodge Preservation and PUD Overlay as part of
the development project. The renovated lodge now contains a total of thirteen (13)
traditional lodge rooms, a manager's unit and an accessory dining facility.
PROPOSED DEVELOPMENT:
The Applicant is proposing to convert the existing lodge into a timeshare lodge pursuant
to Land Use Code Section 26.590, Timeshare Development. Specifically, the Applicant
is proposing to sell sixteen (16) fractional interests in twelve (12) of the units (the
"Luxury Suite is to be made up of two (2) existing lodge units). Therefore, the Applicant
is proposing to create a total of 192 fractional interests. Of the total fractional interests
that would be created, the Applicant is proposing to retain four (4) weeks in each unit for
the purpose of renting them out on a short-term basis and maintenance. The proposed
fractional interest breakdown is illustrated in the chart below (please see floor plans
attached as Exhibit "C" for location of room types):
Number of Units Description Number of Fractional Number of Weeks
Ownership Interests Allocated to Each
Available per Unit Fractional Ownership
Interest
1 Luxury Suite 16 3 Weeks
(Combination of
2 Lodge Rooms)
3 Executive/Family 16 3 Weeks
3 Historic King 16 3 Weeks
3 Standard King 16 3 Weeks
2 Bunk Rooms 16 3 Weeks
Additionally, the Applicant is not proposing any alterations to the structure itself in
association w/th the proposed conversion to a timeshare lodge because the structure was
brought up to current building code standards as part of the recent renovation. Therefore,
the units are not proposed to have kitchens in them as they currently exist.
STAFF COMMENTS:
Staff has analyzed the application's compliance with the required fimeshare elements
below. Additionally, the Applicant has provided staff with a fiscal impact analysis and
the City Finance Director is currently in the process of reviewing it to determine if the
conversion of the Little Red Ski Haus from a traditional lodge use to a timeshare lodge
use will have negative consequences on the City's tax collection abilities related to this
property. The City Finance Director's comments and recommendation on the proposed
-2-
conversion will be provided to City Council prior to second reading of the proposed
ordinance.
STAFF ANALYSIS OF TIMESHARE ASPECTS OF PROPOSAL:
Physical Elements'
Staff believes that the Applicant has provided all of the mandatory physical elements for a
timeshare development that are required by Land Use Code Section 26.590.060tA~. The
proposal includes a staffed, on-site front desk that will be open during regular business
hours and provide full-time registration and reservation services. And. according to the
application, the desk will also make arrangements for late check-ins and xvill
accommodate walk-in rentals if a unit is available.
Furthermore. staff believes that the existing lodge contains an adequate amount of
recreational facilities and other amenities to serve its occupants given the relatively small
size of the lodge. The lodge contains a Jacuzzi, an accessory dining room to serve guests.
on-site laundry, and temporary ski storage facilities.
Operational Characteristics
The Applicant proposes to make the unit available ro the general public as short-term
accommodations when the owners of the unit are not using their time. It has been
proposed by the Applicant that a fractional interest owner be required to alert the
management company at least a month ahead of time if they plan on using a unit.
Moreover. the application proposes to list the rooms for short-term remal with a central
reservation system. Therefore, staff' believes that the proposed operation plan will stii1
allow for the property to accommodate short-term, walk-in business as is required in the
mandatory timeshare regulations.
Staff also feels that the proposal meets some of the optional operational characteristics
that are set forth in the Land Use Code in addition to the mandatory operational
characteristics as is outlined below. The Applicant has proposed to subdivide the units
into more than ten (i0) fractional ownership interests per unit as is consistent with the
optional characteristics that are encouraged in the timeshare regulations. Additionally,
the Applicant has proposed to retain four (4) weeks per year in each unit for the purpose
of renting them on a short-term basis as is also encouraged by the timeshare regulations.
Staff believes that the Applicant's compliance with the abovementioned optional
characteristics is important in that it will allow for the proposed timeshare lodge units to
operate more in the character of a traditional lodge than in the character of a residence,
yet still attain the higher occupancy rates that are expected in conjunction xvith
fractionalizing the ownership.
GMQS IMPLICATIONS:
The Applicant is only proposing to convert the existing lodge into a timeshare lodge,
which under the cun'ent land use code regulations does not have any growth management
implications. Staff is currently looking at the employee generation differences between
lodges and fractional ownership lodges to enact possible code amendments. However,
under the current land use code, the Growth Management Quota System treats both the
-3-
lodge use and the timeshare lodge use as equals. Therefore, the Applicant is not required
to mitigate for employee housing in conjunction with the conversion.
SUBDIVISION:
In this case, the sole purpose of the subdivision request is to allow for the site to be
condominkunized and placed in a fractional form of ownership. Staff believes that the
proposal meets the review standards for subdivision. Staff also feels that the proposed
fractional lodge use is appropriate for the site and is compatible with the surrounding
lodge and multi~family residential uses.
ISSUES:
O/f-Street Park[n,g
The existing lodge currently has three (3) on-site parking spaces for the thirteen (13)
lodge units and one manager's unit, which yields an off-street parking ratio of .21 parking
spaces per bedroom. This parking ratio was established and was determined to be
acceptable through the recent PUD review for the expansion of the lodge. When the
PUD for the remodel and expansion of the lodge was reviewed, it was reviewed under the
premise that there would be occasions when the lodge would be at 100% occupancy.
Staff does not believe that converting the lodge to a timeshare lodge will ever push the
occupancy level at one time over the 100% occupancy level that was considered in the
PUD review. Therefore, staff believes that the existing parking is sufficient to
accommodate the proposed conversion. Additionally, the timeshare regulations do not
allow for the storage of vehicles on the site xvhen an owner is not staying at the lodge.
Staff has proposed to reinforce this regulation by including the prohibition of vehicle
storage as a condition of approval in the proposed ordinance.
STAFF RECOMMENDATION:
It has been generally accepted that timeshare projects such as this proposal provide
increased occupancy rates in relation to regular lodge units. Therefore, staff has no
indication that the proposal would not benefit the community by increasing the
number of people in town during the off-season to economically support the town's
businesses. Additionally, staff believes that the Proposal meets the timeshare lodge
review standards. Therefore, staff recommends that City Council approve the
proposed ordinance, thereby approving with conditions the proposed timeshare
request.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed request and
unanimously recommended that City Council approve the conversion of the Little
Red Ski Haus to a timeshare lodge as proposed. Several members of the Planning
and Zoning Commission expressed that they felt this application was positive in that
the proposed product and price is very different from the other timeshare units that
have been proposed thus far under the new timeshare regulations. Additionally, the
Planning and Zoning Commission thought that the proposal contained a lot of the
operational characteristics that are encouraged by the revised timeshare
regulations.
-4-
RECOMMENDED MOTION:
"I move to approve upon first reading, Ordinance No.~/, Series of 2003, approving a
PUD amendment, subdivision, and timeshare lodge development request to allow for the
Little Red Ski Haus Lodge to convert to a timeshm-e lodge with the conditions set forth
therein."
CITY MANAGER'S COMMENTS:
ATTACHMENTS
EXHIBIT A - REVIEW CRITERIA AND STAFF FINDINGS
EXHIBIT B- APPLICATION
EXHIBIT C - EXISTING FLOOR PLANS
EXHIBIT D - PLANNING AND ZONING COMMISSION RESOLUTION
-5-
ORDINANCE NO. _~
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LITTLE
RED SKI HAUS PLANNED UNIT DEVELOPMENT AMENDMENT,
SUBDIVISION, AND TIMESHARE APPLICATION ON THE PROPERTY
DESCRIBED AS LOT O AND THE WEST HALF OF LOT P, BLOCK 69, CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID: 2735-124-71-005
WHEREAS, the Community Development Department received an application
from Little Red Ski Haus LLC, owner, represented by Gouger & Franzmarm, LLC,
requesting approval of a Planned Unit Development Amendment, Subdivision, and
Timeshare to convert the existing Little Red Ski Lodge to a timeshare lodge on the
property described as Lot O and the West one-half of Lot P, Block 69, City and To~vnsite
of Aspen; and,
WHEREAS, the subject property is located in the Residential Multi-Family
(R/MF) Zone District with a Lodge Preservation (LP) and PUD Overlay; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicant has
concluded that a combined reviexv of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit
Development; Section 26.480, Subdivision; and, Section 26.590, Timeshare, the City
Council may approve, approve with conditions, or deny the land use requests made by the
Applicant during a duly noticed public hearing after taking and considering comments
fi'om the general public, and recommendations from the Planning and Zoning
Commission, Community Development Director, and relevant referral agencies; and,
WHEREAS, upon review of the application and the applicable code standards,
the Community Development Department recommended approval of the proposed PUD
amendment, subdivision, and timeshare requests, with conditions; and,
WHEREAS, during a duly noticed public hearing on November 4, 2003, the
Plaxming and Zoning Commission approved Resolution No. 26, Series of 2003, by a
seven to zero (7-0) vote, recommending that City Council approve the requested PUD
amendment, subdivision, and timeshare request; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has ta~cen and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development; Section 26.480, Subdivision; and Section 26.590,
Timeshare, City Council hereby approves a PUD Amendment, Subdivision, and Timeshare
request to allow for the Little Red Ski Haus Lodge located at 118 E. Cooper Avenue to
convert to a timeshare lodge, with the following conditions:
1. The approved fractional interest breakdown is as follows:
Number of Units Description Number of Fractional Number of Weeks
Ownership Interests Allocated to Each
Available per Unit Fractional Ownership
Interest
1 Luxury Suite 16 3 Weeks
(Consisting of 2
of the existing
lodge rooms)
3 Executive/Family 16 3 Weeks
3 Historic King 16 3 Weeks
3 Standard King 16 3 Weeks
2 Bunk Rooms 16 3 Weeks
The City of Aspen Finance Department shall conduct an annual audit of the sales
tax revenues that the City collects from the Little Red Ski Haus Lodge over its
first five (5) years of operation as a timeshare lodge, to determine if the projected
revenues are accurate. The Applicant shall cooperate with the Finance
Department in its annual audit efforts.
Final Condominium Declarations shall be submitted to the City concurrent with
the submission of the Condominium Subdivision Plat and shall include the
following language regarding timeshare:
Timeshare estates, including the four (4) weeks per unit that are
to be retained by the Applicant, shall be made available for short-
term rental xvhen the estate is not in use by the owner of the unit,
the owner's guests, or persons occupying the unit under an
exchange progrmn. Units that are available for rental shall be
listed at competitive rates in a central reservation system.
The covenants of the homeowners association shall permit walk-
in rental of units. The association shall not limit rental of units to
such an'angements as only weekly rentals or Saturday-to-
Saturday rentals; instead the association shall permit shorter
stays, split-week rentals, and similar flexible arrangements.
Owners of timeshare estates shall be required to reserve their
unit/time sufficiently far enough in advance to enable the public to
obtain access to those units that are not so reserved. The term
%ufficiently" shall be specifically defined as a full month (30 days)
prior to the first day of the intended stay.
The owner of a timeshare estate shall not be permitted to occupy
that estate for any period in excess of thirty (30) consecutive
calendar days.
The owner of a timeshare estate shall be prohibited from storing a
vehicle in a parking space on-site when that owner is not using the
estate.
The Applicant shall submit all timeshare documents and disclosure statements to
the City Attorney for revieTM Prior to their recordation at the Pitkin County Clerk
and Recorder's Office.
5. Each owner of an estate shall have an undivided interest in the common
recreational areas within the facility.
The timeshare lodge units that remain in the developer's inventory shall be made
available for rental to the public while the eStates are being sold, except for models
and other units that are needed for marketing or promotional purposes.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 4:
A public hearing on the ordinance shall be held on the 15th day of December, 2003, in th,e
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by la,v, by the City
Council of the City of Aspen on the 24~ day of November, 2003.
Attest:
Helen Kalin Klandemd. Mayor
Kathryn S. Koch, City Clerk
FINALLY. adopted, passed and approved by a vote of
day of December, 2003.
~__-~, this 15th
Helen Kalin Klandemd. Mayor
Attest:
Kathryn S. Koch. City Clerk
Approved as to form:
John P. Worcester, City Attorney
EXHIBIT A
PLANNED UNIT DEVELOPMENT (PUD)
Review Criteria & Staff Findings
In accordance with Section 26.445.030(B~(3~ of the Land Use Code. due to the limited
extent of the issues involved, a development application requesting approval as a Planned
Unit Development on a parcel of land located in the Lodge Preservation (LP) Overlay
Zone District shall be processed pursuant to the terms and procedures of Minor Planned
Unit Development review (Minor PUD). This two-step process does not require approval
of a conceptual development plan. but only review and approval of a final development
plan by the Planning and Zoning Commission and the City Council, with public hearings
occurring at both.
Section 26.445.050. Review Standards: Minor PUD
Section 26.445 050 of the Regulations provides that development applications for Minor
PUD must comply with the following standards and requirements.
General Requirements.
1. The proposed development shall be consistent
Community Plan.
with the Aspen Area
Staff Finding
Staff believes that the proposed request is consisteni with the Aspen Area Community
Plan. Staff does not feel that subdividing the proposed development for the purpose of
allowing for the units to be owned under a fractional form of ownership is contrary to the
goals of the AACP. The City has embraced the idea that timeshare development will
help in maintaining a healthier year-round economy as a result of the higher occupancies
that are predicted with timeshare development as is consistent with the goals of the
Economic Sustainability portion of the AACP. Staff finds this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
Staff believes that the proposed timeshare lodge use is consistent with the character o£ the
existing land uses in the surrounding area. The majority of the properties in the
immediate vicinity are small lodging establishments or multi-family buildings consisting
of three or more units. Staff believes that a lodge or a timeshare development is the
appropriate land use for the subject parcel. Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development
of the surrounding area.
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Staff Finding
Staff does not believe that the conversion of the Little Red Ski Haus to a timeshare lodge
will adversely affect the future development of the surrounding area. Thus, staff finds this
criterion to be met.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the
proposed development and will be considered prior to, or in combination with,.final
PUD development plan review.
Staff Finding
Under the current land use code requirements, the Growth Management Quota System
treats lodge units and timeshare lodge units the same. And therefore, because the
Applicant is not requesting to alter the number of bedrooms and is only requesting to
convert the existing lodge units into timeshare lodge units, additional GMQS allotments
are not required for the conversion. Staff finds this criterion to be met.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements./'or
all properties within the PUD. The dimensional requirements of the underlying
zone district shall be used as a guide in determining the appropriate dimensions for
the PUD. During review of the proposed dimensional requirements, compatibility
with surrounding land uses and existing development patterns shall be emphasized.
L The proposed dimensional requirements for the subject property are appropriate
and compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future
land uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area
such as steep slopes, waterways, shade, and significant vegetation and
land forms.
d) Existing and proposed man-made characteristics of the property and
the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
The Applicant is not requesting to vary the allowable dimensional requirements from
what was approved in City Council Ordinance No. 11, Series of 2002. Therefore, staff
does not believe that this criterion is applicable to this application.
The proposed dimensional requirements permit a scale, massing, and quantity
of open space and site coverage appropriate and favorable to the character of
the proposed PUD and of the surrounding area.
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Staff Finding
The Applicant is not requesting to vary the allowable dimensional requirements from
what was approved in City Council Ordinance No. 11, Series of 2002. Therefore, staff
finds this criterion not to be applicable to this application.
3. The appropriate number of off-street parking spaces shall be established
based on the following considerations:
al The probable number of cars used by' those using the proposed
development including any non-residential land uses.
b) The varying time periods of use, wheneverjoint use of common parking
is proposed
cj The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
]?he existing lodge currently has three (3) on-site parking spaces for the thirteen (13~
lodge units and one manager's units, which yields an off-street parking ratio of .21
parking spaces per lodging bedroom. This parking ratio was established and was
determined to be acceptable through the recent PUD review' for the expansion of the
lodge. When the PUD for the remodel and expansion of the lodge was reviewed, it was
reviewed under the premise that there would be occasions when the lodge would have
100°~ ~ occupancy. Staff does not believe that converting the lodge to a timeshare lodge
will ever push the occupancy level at one time over the 100% occupancy level that was
considered in the PUD review. Therefore, staff believes that the existing parking is
sufficient to accommodate the proposed conversion. Additionally, the timeshare
regulations do nor allow for the storage of vehicles on the site when an owner is not
staying at the lodge. Staff has proposed to reinforce this regulation by including the
prohibition of vehicle storage as a condition of approval in the proposed resolution.
The mc~cimum allowable density within a PUD may be reduced ~f there
exists insufficient infrastructure capabilities. Specifically, the maximum
density of a PUD may be reduced if..
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal,
and road maintenance to the proposed development.
Staff Finding
The Applicant is not requesting that the maximum allowable density be reduced.
Therefore, staff finds this criterion not to be applicable to this application.
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The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically, the
maximum density ora PUD may be reduced if:
at The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runqff,, drainage, soil erosion, and consequent water
pollution.
0 Theproposeddevelopmentwillhaveaperniciouseffectonairqualityin
the surrounding area and the City.
d) The design and location of any proposed structure, road. driveway, or
trail in the proposed development is not compatible with the terrain or
causes harmful disturbance to critical natural features of the site.
Staff Finding
The Applicant is not requesting a reduction in the maximum allowable density
established in the Little Red Ski Haus PUD. Staff finds this criterion not to be applicable
to this application.
The maximum allowable density within a PUD may be increased !f there
exists a significant community goal to be achieved through such increase
and the development pattern is compatible with its surrounding
development patterns and with the site's physical constraints. Specifically,
the maximum density of a PUD may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accomtnodate additional density and
there exists no negative physical characteristics of the site, as identified
in subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
cJ The increase in maximum density results in a development pattern
compatible with. and complimentary to. the surrounding existing and
expected development pattern, land uses, and characteristics.
Staff Finding
The Applicant is nor requesting to increase the allowable density through the proposed
PUD amendment. Staff finds that this criterion not to be applicable to this application.
Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made .features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
L Existing natural or man-made features of the site whieh are unique,
provide visual interest or a specific reference to the past. or contribute to
the identity of the town are preserved or enhanced in an appropriate
manuel'.
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Staff Finding
The Applicant is not proposing any physical alterations to the Little Red Ski Haus
structure or site. Staff finds this criterion not to be applicable to this application.
Z Structures have been clustered to appropriately preserve significant open
spaces and vistas.
Staff Finding
The Applicant is not proposing any physical alterations to the Little Red Ski Haus
structure or site. Staff finds this criterion not to be applicable to this application.
Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest and
engagement of vehicular and pedestrian movement.
Staff Finding
The Applicant is not proposing any physical alterations to the Little Red Ski Haus
structure or site. Staff finds this criterion not to be applicable to this application.
4. Buildings and access ways are appropriately arranged to allow emergency
and service vehicle access.
Staff Finding
The Applicant is not proposing any physical alterations to the Little Red Ski Haus
structure or site. Staff finds this criterion not to be applicable to this application.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
Adequate pedestrian and handicapped access was provided through improvements made
to the structure as part of the recent remodel and expansion. Staff finds this criterion to
be met.
Site drainage is accommodated for the proposed development in a practical
and reasonable manner and shall not negatively impact surrounding
properties.
Staff Finding
Site drainage was reviewed during the review of the initial PUD application and this
request would not physically alter the structure. Therefore, staff finds this criterion not to
be applicable to this application.
For non-residential land uses, spaces between buildings are appropriately
de-signed to accommodate any programmatic .functions associated with the
use.
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Staff Finding
The Applicant is not proposing to alter the existing structure. Therefore, there will not be
a change in the programmatic functions associated with the site. Thus; staff finds that
this criterion is not applicable to the proposal.
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the city, with surrounding parcels, and
with existing and proposed features of the subject property. The proposed
development shall comply with the following:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity
and variety of ornamental plant species suitable for the Aspen area climate.
Staff Finding
The Applicant is not proposing to alter the existing landscaping that was approved
through the original PUD. Staff finds this criterion not to be applicable to this
application.
Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
Staff Finding
The Applicant is not proposing to alter the existing site or structure as part of this
amendment. Staff finds this criterion not to be applicable to this application.
3. The proposed method of protecting existing vegetation and other landscape
.features is appropriate.
Staff Finding
The Applicant is not proposing to alter the existing site or structure as part of this
amendment. Staff finds this criterion not to be applicable to this application.
Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based
upon the suitability of a building for its purposes, legibility of the building's
use, the building's proposed massing, proportion, scale, orientation to public
spaces and other buildings, use of materials, and other attributes which may
significantly represent the character of the proposed development. There shall
be approved as part of the .final development plan and architectural character
plan, which adequately depicts the character of the proposed development. The
proposed architecture of the development shall:
L be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the property,
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represent a character suitable for, and indicative of,, the intended use, and
respect the scale and massing of nearby historical and cultural resources.
Staff Finding
The Applicant is not proposing to alter the existing structure in which the architecture
was approved of in the original Little Red Ski Haus PUD. Staff finds this criterion not to
be applicable to this application.
Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use
of non- or less-intensive mechanical systems.
Staff Finding
The Applicant is not proposing to alter the existing structure. Stafffinds this criterion not
to be applicable to this application.
3. Accommodate the storage and shielding of snow ice and water in a sqfe an
appropriate manner that does not require significant maintenance.
Staff Finding
The Applicant is not proposing to alter the existing structure. Therefore, staff finds this
criterion not to be applicable to this application.
righting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
L All lighting is proposed so as to prevent direct glare or hazardous
interference of any king to adjoining streets or lands'. Zighting of site
features, structures, and access ways is proposed in an appropriate manner.
Staff Finding
The Applicant is required to, mad has consented to meet the City of Aspen Lighting Code
for any exterior lighting that is proposed. Staff believes that the Applicant's required
compliance with the City Lighting Code ensures that the development will be lighted in
an appropriate manner. Staff finds this criterion to be met.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up-lighting of site features, buildings, landscape elements, and
lighting to call inordinate attention to the property is prohibited .for
residential development.
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Staff Finding
The Applicant is required to meet the City of Aspen Lighting Code on the existing
development. Staff finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area:
[f the proposed development includes a common park, open space, or
recreation area for the mutual benefit of all development itt the proposed PUD.
the following criteria shall be met:
1. The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of the property, provides visual relief to the property's
built form, and is available to the mutual benefit of the various land uses
and property users of the PUD.
Staff Finding
The Applicant is not proposing any common park or open space on the site. Staff finds
that this criterion is not applicable to this proposal.
2. A proportionate, undivided interest in all common park and recreation areas
is deeded in perpetuity (not for a number of years! to each lot or dwelling
unit owner within the PUD or ownership is proposed in a similar manner.
Staff Finding
The Applicant is not proposing any common park or open space on the sitel However,
staff has proposed a condition of approval that requires each oxvner of an estate have
access to the common recreation facilities within the development. Staff finds this
criterion to be met.
There is proposed an adequate assurance through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and
shared facilities together with a deed restriction against future residential,
commercial, or industrial development.
Staff Finding
There is no proposed open space or common park on the site. However, the recreation
area (Jacuzzi Spa and deck) is to be maintained by the management company that
manages the timeshare lodge. In addition, the future residential, commercial, or
industrial development of the recreation area would be regulated by the dimensional
requirements that are established were established in the final development plan.
Therefore, any future development pf the recreation area would require an amendment to
the PUD. Staff finds this criterion to be met.
H. Utilities and Public Facih'ties:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public
facilities associated with the development shah comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the
development.
Staff Finding
The Applicant is not proposing to alter the existing structure. Staff finds this criterion not
to be applicable to this application.
2. Adverse impacts on public' i~frastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
Staff Finding
The Applicant is not proposing to alter the existing structure through this amendment and
staff does not believe that the conversion of the units to a timeshare lodge will have a
substantial adverse impact on the existing public infrastructure. Therefore, staff finds this
criterion not to be applicable to this application.
Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
additional improvement.
Staff Finding
The Applicant is not proposing any alterations to the existing structure and the utility and
public facility improvements were considered in reviewing the original PUD application.
Staff finds this criterion not to be applicable to this application.
/.
Access and Circulation (Only standards 1 & 2 apply to Minor PUD
applications):
The purpose of this standard is to ensure the development is easily accessible,
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail .facilities and minimizes the use of security
gates. The proposed access and circulation of the development shah meet the
following criteria:
1. Each lot, structure, or other land use within the PUD has adequate access
to a public street either directly or through and approved private road, a
pedestrian way, or other area dedicated to public or private use.
Staff Finding
The Applicant is not proposing any physical alteration to the existing structure or site.
The access was contemplated and considered to be sufficient during the review of the
original PUD application. Staff finds this criterion to be met.
The proposed development, vehicular access points, and parking
arrangement do not create trqffic congestion on the roads surrounding the
proposed development, or such surrounding roads are proposed to be
improved to accommodate the development.
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Staff Finding
The Applicant is not proposing any physical alteration to the existing structure or site.
The access and parking for the Little Red Ski Haus was contemplated and considered
sufficient during the review of the original PUD applications. Staff finds this criterion to
be met.
J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding proper~y owners
and impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in the adopted final
PUD development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to .function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later phases.
The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, Payment of impact.fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation
measures are realized concurrent or prior to the respective impacts
associated with the phase.
Staff Finding
The Applicant is not proposing any physical alterations to the existing structm:e.
Therefore, no phasing is proposed. Thus, staff finds this criterion not to be applicable to
this application.
Subdivision
REVIEW CRITERIA & STAFF FINDINGS
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
General Requirements:
1. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan.
Staff Finding
Staff believes that the proposed request is consistent with the Aspen Area Community
Plan. Staff does not feel that subdividing the proposed development for the purpose of
allowing for the units to be owned under a fractional form of ownership is contrary to the
goals of the AACP. The City has embraced the idea that timeshare development will
help in maintaining a healthier year-round economy as a result of the higher occupancies
that are predicted with timeshare development as is consistent with the goals of the
Economic Sustainability portion of the AACP. Staff finds this criterion to be met.
The proposed subdivision shall be consistent with the character of
existing land uses in the area.
Staff Finding
Staff believes that the proposed timeshare lodge use is consistent with the character of the
existing land uses in the surrounding area. The majority of the properties in the
immediate vicinity are small lodging establishments or multi-family buildings consisting
of three or more units. Staff believes that a lodge or a timeshare development is the
appropriate land use for the subject parcel, staff finds this criterion to be met.
The proposed subdivision shall not adversely affect the future
development of surrounding areas.
Staff Finding
Staff does not believe that the proposed conversion of the Little Red Ski Haus Lodge to a
timeshare lodge will have an adverse affect on the future development of the surrounding
properties. Staff finds this criterion to be met.
4.
The proposed subdivision shall be in compliance with all applicable
requirements of this Title.
Staff Finding
Staff believes that the proposed subdivision to allow for timeshare of the existing lodge in
itself is in compliance with all the applicable requirements of the Land Use Code.
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B. Suitability of Land for Subdivision
a. Land suitability. The proposed subdivision shaH not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mudflow, rockslide, avalanche or snowslide, steep topography or any other
natural hazard or other condition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
b. Spatial pattern efficient. The proposed subdivision shah not be designed
to create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
Staff Finding
The subject site is currently developed and is not located in an area of geologicai hazard
that would put the inhabitants in of the proposed development at risk. In addition, staff
does not believe that the proposal will require duplication or extension of public facilities.
Staff finds these standards not to be applicable.
C. Improvements. The improvements set forth at Chapter 26.580 shah be provided
for the proposed subdivision. These standards may be varied by' special review (See,
Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to
the subdivision design standards would result in incompatibility with the Aspen
Area Comprehensive Plan, the existing, neighboring development areas, and/or
the goals of the community.
2. The applicant shah specify each design standard variation requested and
provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
Staff Finding
The Applicant is not proposing to physically alter the existing structure and the site
improvements were made and accepted during the original PUD approval. Staff believes
that sub-standardsl and 2 are not applicable.
D. Affordable housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.520, Replacement Housing Program. A subdivision which
is comprised of new dwelling units shall be required to provide affordable housing in
compliance with the requirements of Chapter 26.470, Growth Management Quota
Systena
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Staff Finding
The conversion of the existing lodge to a timeshare lodge does not currently require
employee-housing mitigation if the Applicant is not doing a physical expansion to the
number of bedrooms. It should be noted that staff is currently looking at the employee
generation rates between a lodge and a timeshare lodge with a consultant and a
conversion of this nature in the future may require mitigation. Staff finds this criterion to
be met.
E. School Land Dedication. Compliance with the School Land Dedication
Standards set forth at Chapter 26.630.
Staff Finding
The Applicant is proposing a conversion to a timeshare lodge and there are no residential
units being created in the proposed development. The school land dedication
requirement is only applicable to subdivisions that add residential units. Therefore, staff
finds this review standard not to be applicable to this application.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been
granted or growth management exemptions have been obtained, pursuant to Chapter
26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable
Housing Planned Unit Development (AH-PUD) without first obtaining growth
management approvals if the newly created parcel(s) is required to obtain such growth
management approvals prior to development through a legal instrument acceptable to
the City Attorney. (Ord. No. 44-2001, § 2)
Staff Finding
A conversion from a lodge to a timeshare lodge that does not add bedrooms does not
require a GMQS allotment or exemption. Please see staff's response to revie~v standard
"D" above. Staff finds this criterion not to be applicable to this application.
-I8-
Timeshare
REVIEW CRITERIA & STAFF ]FINDINGS
Section 26.590 of the City Land Use Code provides that development applications for
Timeshare Lodge Development must comply with the following standards and
requirements.
Fiscal Impact Analysis and Mitigation. Any applicant proposing to convert an
existing lodge to a timeshare lodge development shall be required to
demonstrate that the proposed conversion will not have a negative tax
consequence for the City. In order to demonstrate the tax consequences of the
proposed conversion, the applicant shall prepare a detailed fiscal impact study
as part of the final PUD application. The fiscal impact study shall contain at
least the following comparisons between the existing lodge operation and the
proposed timeshare lodge development:
A summary of the sales taxes paid to the City for rental of lodge rooms
during the prior five years of its operation. If the lodge has stopped
renting rooms prior to the time of submission of the application, then the
summary shall reflect the final five years the lodge was in operation.
The summary of past taxes paid shall be compared to a projection of the
sales taxes the proposed timeshare lodge development will pay to the City
over the first five years of its operation~ As part of this projection, the
applicant shall specify the number of nights the applicant anticipates
each timeshare lodge unit will be available for daily rental to visitors
(that is, the annua! number of nights when the unit will not be occupied
by the owner or the owner's guests), the expected visitor occupancy rate
for these units, the expected average daily cost to rent the unit, and the
resulting amount of sales tax that will be paid to the City.
An estimation of the real estate transfer taxes that would be paid to the
City if the existing lodge were to be sold. If an actual sale of the property
has occurred within the last 12 months, then the real estate taxes paid for
that sale shall be used. This estimation shall be compared to a projection
of the real estate transfer taxes the PrOPosed timeshare lodge development
will pay to the City over the flrst five years of its operation. This projection
shall include a statement of the expected sales prices for the timeshare
estates, and the applicable tax rate that will be applied to each sale.
A summary of the City-portion of the property taxes paid for the lodge
for th e prior five years of its operation, and a projection of th e property
taxes the proposed timeshare lodge development will pay to the City over
the first five years of its operation. This projection shall include a
statement of the expected value that will be assigned to the property by
the Tax Assessor, and the applicable tax rate.
The fiscal impact study may also contain such other information that the
applicant believes is relevant to understanding the tax consequences of
the proposed development. For example, the applicant may provide
information demonstrating there will be "secondary", or "indirect" tax
benefits to the City from the occupancy of the timeshare units, in terms
of increased retail sales and other economic activity in the community as
compared to the existing lodge development. The applicant shall be
expected to prove definitively why the timeshare units would cause such
economic advantages that wouM not be achieved by a traditional lodge
development. Any such additional information provided shall compare
the taxes paid during the prior five years :of the lodge's operation to the
first five years of the proposed timeshare lodge's operation.
If the fiscal impact study demonstrates there will be an annual tax loss
to the City from the conversion of an existing lodge to a timeshare lodge,
then the applicant shall be required to propose a mitigation program
that resolves the problem, to the satisfaction of the Aspen City Council.
The accepted mitigation program shall be documented in the PUD
Agreement for the project that is entered into between the applicant and
the Aspen City Council.
Staff Findings
The Applicant has provided a fiscal impact analysis that projects that there will be an
overall net gain in taxes collected as a result of the proposed timeshare development over
the first five (5) years of it's operation as compared to the last five (5) years of operation
of the existing Little Red Ski Hans Lodge. The Planning Staff has referred the proposal
to the City Finance Director for comments on the fiscal impact analysis. The timeshare
regulations that were approved and enacted late last year established that City Council, at
its sole discretion, would determine whether the fiscal impacts of a timeshare project
would necessitate mitigation for a loss in sales tax revenues to the City. The City
Finance Director's analysis will be provided to City Council prior to 2na Reading of
the proposed ordinance.
Upgrading of Existing Projects. Any existing project that is proposed to be
converted to a timeshare lodge development shall be physically upgraded and
modernized. The extent of the upgrading that is to be accomplished shall be
determined as part of the PUD review, considering the condition of the existing
facilities, with the intent being to make the development compatible in
character with surrounding properties and to extend the useful life of the
building.
To the extent that it would be practical and reasonable, existing structures
shall be brought into compliance with the Cityrs adopted fire, health, and
building codes.
- 20 -
2.
No sale of any interest in a timeshare lodge development shall be closed
until a certificate of occupancy has been issued for the upgrading.
Staff Finding
The Applicant is not proposing to further upgrade the structure because the structure was
brought into compliance with the applicable fire, health, and building codes as paxt of the
lodge's remodel and expansion just about a year ago. Additionally, the lodge has already
completed their remodel and has a certificate of occupancy. Staff finds this criterion to be
met.
C.
Preservation of Existing Lodging Inventory. ~ An express purpose of these
regulations is to preserve and enhance Aspen's existing lodging inventory.
Therefore, any proposal to convert an existing lodge or other property that
provides short term accommodations to a timeshare lodge should, at a minimum,
replace the existing number of units on the property in the planned timeshare
lodge. If the applicant is unable to replace the existing number of units, then the
timeshare lodge development shah replace the existing number of bedrooms on
the property, or the applicant shah demonstrate how the proposal complies with
the purposes of these regulations, even though the planned timeshare lodge will
not replace either the existing number of units or bedrooms.
Staff Finding
The Applicant is proposing to convert the existing lodge rooms to timeshare lodge rooms.
Additionally, the Applicant is not proposing to reduce the number of accommodation
bedrooms. Therefore} staff finds this criterion to be met.
D. Affordable Housing Requirements.
Whenever a timeshare lodge development is required to provide affordable
housing, mitigation for the development shall be calculated by applying the
standards of the City's housing designee for lodge uses. The affordable
housing requirement shall be calculated bused on the maximum number
of proposed lock out rooms in the development, and shall also take into
account any retail, restaurant, conference, or other functions proposed in
the lodge.
The conversion of any multi-family dwelling unit that meets the definition
of residential multi-family housing to timesharing shall comply with the
provisions of Chapter 26.530, Resident Multi-Family Replacement
Program, even when there is no demolition of the existing multi-family
dwelling unit.
Staff Finding
The current land use code standards do not require a conversion from a lodge to a
timeshare lodge to mitigate for employee housing if an expansion is not taking place.
Moreover, the existing growth management requirements treat the lodge and timeshm-e
-21 -
lodge uses as being equal in regards to employee generation. However, it should be
noted that staff is working with a consultant to look into how timeshare lodge units
compare with lodge units in relation to employee generation. Staff finds this criterion not
to be applicable to this application.
E. Parking Requirements.
The parking requirement for timeshare lodge development shall be
calculated by applying the parking standard for the underlying zone
district for lodge uses. The parking requirement shall be calculated based
on the maximum number of proposed lock out rooms in the development.
The timeshare lodge development shall also provide an appropriate level of
guest transportation services, such as vans or other shuttle vehicles, to
offer an alternative to having owners and guests using their own vehicles
in Aspen.
The owner of a timeshare estate shall be prohibited from storing a vehicle
in a parking space on-site when the owner is not using that estate.
Staff Finding
The existing lodge currently has three (3) on-site parking spaces for a total of fourteen
(14) lodge rooms. This provides a parking ratio of .21 parking spaces per lodging
bedroom, which was established as acceptable through the recent PUD approval. When
the PUD for the remodel and.expansion of the lodge was reviewed, it was reviewed under
the premise that there would be occasions when the lodge would reach 100% occupancy.
Staff does not believe that converting the lodge to a timeshare lodge will ever push the
occupancy level at one time over the 100% occupancy level that was considered in the
PUD review. Therefore, staff believes that the existing parking is sufficient t6
accommodate the proposed conversion. Additionally, staff has proposed a condition of
approval that does not allow for a timeshare owner to store their vehicle on-site when
they are not staying at the lodge. Staff finds this criterion to be met.
Appropriateness of Marketing and Sales Practices. The marketing and sale of
timeshare estates shall be governed by the real estate laws set forth in Title 12,
Article 61, C.R.S., as may be amended from time to time. The applicant and
licensed marketing entity shall present to the City a plan for marketing the
timeshare development.
The following marketing and sales practices for a timeshare development
shall not be permitted:
The solicitation of prospective purchasers of timeshare units on any
street, mall, or other public property or facility; and
: 22 -
b. Any unethical sales and marketing practices which would tend to
mislead potential purchasers.
Staff Finding
The Applicant has represented in their application that they will not solicit purchasers on
public property. In addition, the Applicant has consented to comply ~vith the timeshare
marketing regulations that are set forth in the Colorado Revised Statues. Therefore, staff
finds this criterion to be met.
Giving of gifts to encourage potential purchasers to attend a sales
presentation or to visit a timeshare development is permitted, provided the
gift reflects the local Aspen economy. For example, gifts for travel to or
accommodations in Aspen, restaurants in Aspen, and local attractions (ski
passes, concert tickets, rafting trips, etc.) are permitted. Gifts that have no
relationship to the local AsPen economy are not permitted. The folloWing
gifts are also not permitted:
a. Any gift for which an accurate description is not given;
Any gift package for which notice is not given to the prospective
purchaser that the purchaser will be required to attend a sales
presentation as a condition of receiving the gifts; and
Any gift package for which the printed announcement of the
requirement to attend a sales presentation is in smaller ~ype face than
the information on the gift being offered.
Staff Finding
The Applicant has consented to meeting this criterion in their marketing plan that is included
in the application, including giving only gifts that are locally serving and oriented. Staff
finds this criterion to be met.
Adequacy of Maintenance and Management Plan. The applicant shall provide
documentation and guarantees that the timeshare lodge development will be
appropriately managed and maintained in an manner that will be both stable
and continuous. This shall include an identification of when and how
maintenance will be provided, and shall also address the following
requirements:
A fair procedure shall be established for the estate owners to review and
approve any fee increases which may be made throughout the life of the
timeshare development, to provide assurance and protection to timeshare
owners that management/assessment fees will be applied and used
appropriately.
- 23 -
The applicant shall also demonstrate that there will be a reserve fund to
ensure that the proposed timeshare development will be properly
maintained throughout its lifetime.
Staff Finding
The annual budget for the units is to be reviewed and approved by a majority of the owners
or the board of directors of the owner's association who are to be elected by a majomy vote
of the owners. A capital reserve fund will also be set up and will be shown in the budget to
be submitted prior m the City Council hearing regarding this issue. The amonn~ of this
capital reserve fund is to be studied on a yearly basis m determine if it is adequate. Staff
finds this criterion to be met.
Compliance with State Statutes. The applicant shah demonstrate that the
proposed timeshare lodge development will comply with all applicable
requirements of Title 12. Article 61. C.R.S.; Title 38, Article 33. C.R.S.: and Title
38, Article 33.3. C.R.S.: including the requirements concerning the five (5) day
period for rescission ora sales contract, and the procedures for holding deposits or
down payments in escrow.
Staff Finding
The Applicant has consented to complying with all of the statutory requirements that govern
timeshare development. The Applicant will be required to submit instruments for review by
the City Attorney's Office and recordation at the Pitkin County Cleric and Recorder's
Office. Staff finds this criterion to be met.
/.
Approval By Condominium Owners. If the development that is proposed to be
timeshared is a condominium, the applicant shall submit written proof that the
condominium declaration allows timesharing, that one hundred (100) percent of
the owners of the condominium units have approved the timeshare development,
including any improvements to the common elements that the applicant may
propose, that all mortgagees of the condominium have approved the proposed
timeshare development, and that all condominium units in the timeshare
development will be included in the same sales and marketing prograna
Staff Finding
The proposed development does not involve conversion of an existing condomin/um into a
timeshare. Therefore, staff does not find this criterion applicable to this project.
Prohibited Practices and Uses. Without in any way limiting any requirement
contained in this Chapter, it is unlawful for any person to knowingly, engage in
any of the following practices:
The creation, operation or sale of a right-to-use interest or any other
timeshare concept which is not specifically allowed and approved pursuant
to the requirements of this section. Right-to-use timeshare concepts (e.g.
- 24 -
lease-holds and vacation clubs) are considered inappropriate in Aspen and
are not permitted.
Misrepresentation of the facts contained in any application for timeshare
approval, timeshare development instruments, or disclosure statement.
Failure to comply with any representations contained in any application
for timesharing or misrepresenting the substance of any such application
to another who may' be a prospective purchaser of a timeshare interest.
Manage, operate, use. offer for sale or sell a timeshare estate or interest
therein in violation of any requirement of this Chapter or any approval
granted pursuant hereto, or cause or aid and abet another to violate any
requirement of this Chapter, or an approval granted pursuant to this
Chapter.
Staff Finding
The Applicant has consented in the proposed application to meeting the requirements of
the timeshare section of the City of Aspen Land Use Code in addition to the statutory
requiremems for operating timeshare developmem, Staff finds this criterion to be meT.
-25 -
Goug r
FraB zmailltl,
Attorneys & Counselors ~t Law
William R. Gou6~r JD, CPA, CPA Inactive
Michael P. Franzmann JD, LLM CPA
Kober~ J. Hooke ID. MA
Jeffrey C. Keiffer JD, CFA CPA Inactive.
Lori C. Pa?pas JD, LLM'
'~Also Admitted in Ohio
October 30, 2003
James Lindt
City o£Aspen
130 S. Galena Street, 2~'d Floor
Aspen, CO 81611
RE: Little Red SM Haus, LLC
Pursuant m our telephone conversation of October 30, 2003. please be advised that our client
Little Red Ski Haus, LLC has no objection To your recommendation that 30 days notice be
required for a fractional interest owner ro reserve his usage of the unit. We agree to amend the
application accordingly.
If you have any questions regarding this matter, it is always a pleasure to speak with you. I can
be reached ar (720) 266-1040
?
~UPA, LL..~'MT'~
MPF
TAXATION ESTATE PLANNING BUSINESS LAW REAL ESTATE
400 Inverness Parkway, Suite 250 * Englewood, CO 80112 o ?hone 720-266-10 ~0 · Fax 720-266-I041 - www. GFlaw~irm.com
RESOLUTION NO. 26
(SERmS OF 2003)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING THAT CITY COUNCIL APPROVE THE LITTLE RED SKI
HAUS PLANNED UNIT DEVELOPMENT AMENDMENT, SUBDIVISION, AND
TIMESHARE APPLICATION ON THE PROPERTY DESCRIBED AS LOT O
AND THE WEST HALF OF LOT P, BLOCK 69, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2735-124-71-005
WHEREAS, the Community Development Department received an application
from Little Red Ski Hans LLC, owner, represented by Gouger & Franzmann, LLC,
requesting approval of a Planned Unit Development Amendment, Subdivision, and
Timeshare to convert the existing Little Red Ski Lodge to a timeshare lodge on the
property described as Lot O and the West one-half of Lot P, Block 69, City and Townsite
of Aspen; and,
WHEREAS, the subject property is located in the Residential Multi-Family
(R/MF) Zone District with a Lodge Preservation (LP) and PUD Overlay; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicant has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit
Development; Section 26.480, Subdivision; and, Section 26.590, Timeshare, the City
Council may approve, approve with conditions, or deny the land use requests made by the
Applicant during a duly noticed public hearing after taking and considering comments
from the general public, and recommendations from the Planning and Zoning
Commission, Community Development Director, and relevant referral agencies; and,
WHEREAS, during a duly noticed public hearing on November 4, 2003, the
Planning and Zoning Commission reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein and approved this
resolution, by a seven to zero (7-0) vote; approving the proposed requests w/th the
conditions of approval contained herein; and,
VCHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and}
WHEREAS, the Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING '
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.445, Planned Unit Development; Section 26.480, Subdivision; and Section 26.590,
Timeshare, the Planning and Zoning Commission hereby recommends that City Council
approve a PUD Amendment. Subdivision. and Timeshare request to allow for the Little Red
Ski Haus Lodge located at 118 E. Cooper Avenue to convert to a timeshare lodge, with the
following conditions:
1. The approved fractional interest breakdown is as follo*vs:
Number of Units Description Number of Fractional Number of Weeks
Ownership Interests Allocated to Each
Available per Unit Fractional Ownership
Interest
I Luxury Suite 16 3 Weeks
(Consisting of 2
of the existing
lodge rooms)
3 Executive/Family 16 3 Weeks
3 Historic King 16 3 Weeks
3 Standard King 16 3 Weeks
2 Bunk Rooms 16 3 Weeks
The City of Aspen Finance Department shall conduct an annual audit of the sales
tax revenues that the City collects from the Little Red Ski Haus Lodge over its
first five ~5) years of operation as a timeshare lodge, to determine if the projected
revenues are accurate. The Applicant shall cooperate with the Finance
Department in its annual audit efforts.
Final Condominium Declarations shal} be submitted to the City concurrent with
the submission of the Condominium Subdivision Plat and shall include the
following language regarding timeshare:
Timeshare estates, including the four (4) weeks per unit that are to be
retained by the Applicant, shall be made available for short-term rental
when the estate is not in use by the owner of the unit. the owner's
guests, or persons occupying the unit under an exchange program.
Units that are available for rental shall be listed at competitive rates in a
central reservation system.
The covenants of the homeowners association shall permit walk-in
rental of units. The association shall not limit rental of units to such
arrangements as only weekly rentals or Saturday~to-Saturday rentals;
instead the association shall permit shorter stays, split-week rentals, and
similar flexible arrangements.
Owners of timeshare estates shall be required to reserve their unit/time
sufficiently far.enough in advance to enable the public to obtain access to
those units that are not so reserved. The term "sufficiently" shall be
specifically defined as full month (30 days) prior to the first day of the
intended stay.
The owner of a timeshare estate shall not be permitted to occupy that
estate for any period in excess of thirty (30) consecutive Calendar days.
· e.
The owner of a timeshare estate shall be prohibited from storing a vehicle
in a parking space on-site when that o~vner is not using the estate.
The Applicant shall submit all timeshare documents and disclosure statements to
the City Attorney for review prior to their recordation at the Pitkin County Clerk
and Recorder's Office.
5. Each owner of an estate shall have an undivided interest in the common
recreational areas within the facility.
The timeshare lodge units that remain in the developer's inventory shall be made
available for rental to the public while the estates are being sold, except for models
and other units that are needed for marketing or promotional purposes.
Section 2:
AIl material representations and commitments made by the applicant pm'suant to the
development proposal approvals as herein a~varded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan deVelopment approvals and the stone shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase; or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 4th
day of November, 2003.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian. Deputy City Clerk
TO:
THRU:
FROM:
RE:
DATE:
MEMORANDUM
Mayor Klanderud and Aspen City Council
Julie Ann Woods. Community Development Director ~
Sarah Oates. Zoning Officer ~q~gA~,.~--
2"a Reading Aspen Highlands Village Signage Guidelines PUD Amendment
(continued from October 14. 2003)
November 24. 2003
APPLICANT:
Aspen Highlands Village and Aspen
Highlands Village Association
REPRESENTATIVES:
Bob Daniel of Hines Highlands
Limited Parmership and Deborah
Prince of Beach Resource
Management, LLC
LOCATION:
Aspen Highlands Village
ZONING:
SKi, R/MF, R-30, R-15 and C PUD
CURRENT LAND USE:
Commercial and ski related operations,
single, duplex and multi-family
residential
PROPOSED LAND USE: }NO change
to the proposed land use.
SUMMARY:
The applicant requests tO adopt signage
guidelines specific to the Aspen
Highlands Village (AHV) Planned
Unit Development (PUD) which varies
from the City of Aspen Sign Code.
Photo Above: Roof sign as defined per the
Aspen Highlands Village sign code.
Photo Above: Log sign as defined per the proposed
Aspen Highlands Village sign code.
REVIEW PROCEDURE
The City Council may approve, approve with conditions, or deny a request for a PUD
amendment after cons!dering a recommendation from the Planning and Zoning Commission
and Community Development Director.
ISSUES FROM PREVIOUS PUBLIC HEARING
At the first public hearing, City Council wanted more specific information.regarding each of
the existing sign sizes and compliance with the City sign code. Attached to this memo as
Exhibit E is Aspen Highlands Village Signs Comparison to City of Aspen Code for Council's
consideration. It may be helpful to City Council members to visit Highlands before the
continued public hearing on Monday evening.
BACKGROUND:
Hines Highlands Limited Partnership and Aspen Highlands Village Association
("Applicants"), represented by Bob Daniel of Hines Highlands and Deborah Prince of Beach
Resource Management, are requesting approval of an application to adopt signage guidelines
for Aspen Highlands Village. Signage guidelines were developed for the Village Core prior
to annexation in 2000 and although similar, the guidelines are not entirely consistent with the
City of Aspen sign regulations. Following discussions with City staff, the applicants
developed formal signage guidelines. The proposed Aspen Highlands Village PUD signage
guidelines were developed in a format similar to the City of Aspen sign regulations. This
format is as follows:
Exempt signs: These signs do not require a permit such as holiday decorations,
directional signs and security signs.
Prohibited signs: Signs such as billboards, flashing signs, signs on the public right-of-
way and obsolete signs.
Permitted signs: Signs that are permitted but which require a permit because they
must meet certain size and light requirements; these are typically business
identification signs.
Temporary signs: These signs do not require a permit and are temporary in nature
such as real estate signs and sale signs.
As mentioned above, there are variations from the City of Aspen sign code. These variations
are as follows:
City of Aspen Sign Regulations Proposed AHV Signage Guidelines
Sandwich boardsignsprohibited 1 sandwich board sign per business is
permitted
Hanging/blade signs can be 6 square feet Hanging/blade signs can be 12 square feet
Wall signs can be 10 square feet Walls signs can range from 2-3' in height and
4-26' in length (range 8-78 square feet)
Log signs are considered wall signs Log signs can be 5-16' in length and 12-16"
in lettering height
Comer signs are considered hanging signs Corner signs can be up to 40 square feet
2
Roof signs are considered wall signs
Roof signs can range from 2-3' in height and
4-26' in length (range 8-78 square feet)
Freestanding signs can be 10 square feet No size delineation for freestanding signs
Neon signs are prohibited Three (3) signs permitted in entire village not
to exceed 30 linear feet
Real estate signs can be up to 3 square feet in Real estate signs can be up to 5 square feet in
size size
As shown in the chart above, the variations form the City of Aspen sign code are primarily
size related. The signs proposed to be allowed in the Village Core are larger than commercial
signs in downtown Aspen. Also, the applicant is proposing to allow limited neon signs, none
of which will be visible from the public right of way.
STAFF COMMENTS:
Staff believes that the proposed guidelines, which vary from the City of Aspen Sign Code,
are acceptable for Aspen Highlands Village. AHV is very much its own place as a mixed-use
ski area base village. AHV is not visible from any City of Aspen right-of-way, most of the
businesses and signage are not visible from Maroon Creek Road (which currently remains in
the County), and the buildings that face Maroon Creek Road are a significant distance from
the road. Further, the Master Association and Hines Highlands developed a sign master plan
to help the fledgling businesses in AHV attract customers. This plans includes way finding
around the village and sandwich board signs. Economic sustainability for the businesses at
AHV was a primary consideration when the guidelines were developed.
AHV is contained within private roads, so there are no issues with the public right of way as
it relates to sandwich board signs or illumination from neon signs. Also, buSinesses will be
required to get permits for business signs through the City of Aspen so that we can assure
compliance.
However, it should be noted to Council that a land use code amendment will need to be made
as a follow-up to specify that such a PUD amendment for signs is allowed. This will be
before City Council in the next couple of months.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended denial of the proposed Aspen
Highlands Village Signage Guidelines. The minutes from the August 5, 2003 Planning and
Zoning Commission are attached as Exhibit D. The primary concern for most of the
Commission was the proposal to allow for neon signs. One member had concerns about
the restrictive of nature of the sign code as it relates to personal expression for the
residents of Aspen Highlands Village. All residents were noticed for the meeting and the
one member of the' public at the meeting represented a group of homeowners asking for
stricter enforcement of the proposed guidelines, which are currently in place as part of the
AHV covenants. Further, the City of Aspen has similar regulations as it relates to things
such as "for sale" signs on vehicles, flags and political signs.
3
STAFF RECOMMENDATION:
Staff believes that the proposal meets the standards for amending a PUD. Therefore, staff
recommends that the City Council approve the Aspen Highlands Village PUD sign
guidelines.
RECOMMENDED MOTIONS (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
,I move to approve Ordinance No. 45, Series of 2003, approving a PUD amendment to the
Aspen Highlands Village PUD to adopt a sign code for Aspen Highlands Village, attached as
Exhibit C."
CITY MANAGER'S COMMENTS:c.~,~.vz~ · ' ~ ~
Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Letter of Application
Exhibit C -- Proposed Aspen Highlands Village PUD Signage Guidelines (attached
Exhibit A of the ordinance~
Exhibit D -- Planning and Zoning Commission minutes from August 5, 2003
Exhibit E -- Aspen Highlands Village Signs Comparison to City of Aspen Code
ORDINANCE NO. 45
(SERIES OF 2003)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ASPEN
HIGHLANDS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) SIGN GUIDELINES,
CITY OF ASPEN. PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application from Hines
Highlands Limited Partnership and the Aspen Highlands Village Association requesting approval
for sign guidelines specific to the Aspen Highlands Village PUD; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval of the sign guidelines for the Aspen
Highlands Village PUD and the Aspen Planning and Zoning Commission recommended denial of
said sign guidelines by a 4 to 1 vote; and,
WHEREAS, the City Council has reviewed and considered the amendment to PUD under the
applicable provisions of the Municipal Code as identified herein; and,
WHEREAS, the City Council f'mds that this ordinance furthers and is necessary for the
promotion 0fpublic health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use
Code, the City Council approves the Aspen Highlands Village PUD Sign Guidelines that were
reviewed on October 14, 2003 and are included in the staff memorandum as Exhibit "A."
Section 2:
This ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, plxrase, or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity o£the remaining portions
thereof.
Section 4:
A public hearing was held on the 14th day of October at 5:00 PM in City Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on this 8th day of September 2003.
ATTEST:
Kathryn Koch, City Cleric Helen Kalin Klandemd, Mayor
APPROVED BY the City Council of the City of Aspen on this 14th day of October 2003.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney
Helen Kalin Klandemd, Mayor
ATTEST:
Kathryn Koch, City Clerk
EXHIBIT A
PUD AMENDMENT
REVIEW CRITERIA & STAFF FINDINGS
In reviewing an amendment to an approved PUD, the Planning and Zoning Commission and
City Council shall consider:
A. General requirements.
The proposed development shall be consistent with the Aspen Area
Community Plan.
The proposed development shall be consistent with the character of
existing land uses in the surrounding area.
The proposed development shall not adversely affect the future
development of the surrounding area.
The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the
proposed development and will be considered prior to, or in combination
with, final PUD development plan review.
Staff Finding
There is no proposed development related to this PUD amendment, as it is an amendment to
allow for different sign code requirements from the City of Aspen sign code. Staff believes the
amendment is consistent with the AACP, as the sign code has been undertaken, in part, to
enhance economic sustainability for AHV. Staff finds this criterion is not applicable.
Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements
for all properties within the PUD as described in Gengral Provisions, Section
26.445.040, above. The dimensional requirements of the underlying zone district
shall be used as a guide in determining the appropriate dimensions for the PUD.
During review of the proposed dimensional requirements, compatibility with
surrounding land uses and existing development patterns shall be emphasized.
The proposed dimensional requirements shall comply with the following:
The proposed dimensional requirements for the subject property are
appropriate and compatible with the following influences on the
property:
¸a)
The character of, and compatibility with, existing and expected
future land uses in the surrounding area.
b)
Natural or man-made hazards.
Existing natural characteristics of the property and surrounding
area such as steep slopes, waterways, shade, and significant
vegetation and landforms.
d) Existing and proposed man-made characteristics of the property
and the surrounding area such as noise, traffic, transit, pedestrian
circulation, parking, and historical resources.
Staff Finding
The proposed dimensional requirements for the sign sizes at AHV are compatible with the
architecture and "theme" of AHV. Most of the signs will be located within the Village,
which functions primarily as a pedestrian mall, and will not deter circulation or parking.
Staff finds that this criterion is not applicable.
The proposed dimensional requirements permit a scale, massing, and
quantity of open space and site coverage appropriate and favorable to the
character of the proposed PUD and of the surrounding area.
Staff Finding
There is no change to open space or site coverage.
the scale and massing of the surrounding buildings.
The proposed sign code is appropriate to
The appropriate number of off-street parking spaces shall be established
based on the following considerations:
a)
The probable number of cars used by those using the proposed
development including any non-residential land uses.
b)
The varying time periods of use, whenever joint use of common
parking is proposed.
c)
The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the
commitment to utilize automobile disincentive techniques in the
proposed development.
d)
The proximity of the proposed development to the commercial
core and general activity centers in the city.
Staff Finding
There is no change to the parking requirements with this proposed amendment.
the criterion is not applicable.
Staff finds
The maximum allowable density within a PUD may be reduced if there
exists insufficient infrastructure capabilities. Specifically, the maximum
density of a PUD may be reduced if:
6
a) There is not sufficient water pressure, drainage capabilities, or
other utilities to service the proposed development.
b)
There are not adequate roads to ensure fire protection, snow
removal, and road maintenance to the proposed development.
Staff Finding
There is no change to the allowable density of Aspen Highlands Village.
criterion is not applicable.
Staff finds the
The maximum allowable density within a PUD may be reduced if there
exists natural hazards or critical natural site features. Specifically. the
maximum density of a PUD may be reduced if:
a)
The land is not suitable for the proposed development because of
ground instability or the possibility of mud flow. rock falls or
avalanche dangers.
b)
The effects of the proposed development are detrimental to the
natural watershed, due to runoff, drainage, soil erosion, and
consequent water pollution.
c}
The proposed development will have a pernicious effect on air
quality in the surrounding area and the City.
d)
The design and location of any proposed structure, road.
driveway, or trail in the proposed development is not compatible
with the terrain or causes harmful disturbance to critical natural
features of the site.
Staff Finding
The proposed hazards were considered at the time AHV PUD was approved in Pitkin County.
The proposed sign code will not affect this. Staff finds this criterion is not applicable.
The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns
and with the site's physical constraints. Specifically, the maximum density of a
PUD may be increased if:
a)
The increase in density serves one or more goals of the community
as expressed in the Aspen Area Community Plan (AACP) or a
specific area plan to which the property is subject.
b)
The site's physical capabilities can accommodate additional
density and there exists no negative physical characteristics of the
site, as identified in subparagraphs 4 and 5, above, those areas can
be avoided, or those characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with. and complimentary to, the surrounding existing
and expected development pattern, land uses, and characteristics.
Staff Finding
The applicant is not proposing to increase the maximum allowable density within the PUD.
Staff finds this criterion is not applicable.
C.
Site Design.
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and thc adjacent
public spaces, and ensures the public's health and safety. Thc proposed
development shall comply with the following:
Existing natural or man-made features of the site which are unique,
provide visual interest or a specific reference to the past. or contribute to
thc identity of the town are preserved or enhanced in an appropriate
manner.
o
Structures have been clustered to appropriately preserve significant open
spaces and vistas.
Structures are appropriately oriented to public streets, contribute to the
urban or rural context where appropriate, and provide visual interest
and engagement of vehicular and pedestrian movement.
o
Buildings and access ways are appropriately arranged to allow
emergency and service vehicle access.
5. Adequate pedestrian and handicapped access is provided.
Site drainage is accommodated for the proposed development in a
practical and reasonable manner and shall not negatively impact
surrounding properties.
o
For non-residential land uses, spaces between buildings are appropriately
designed to accommodate any programmatic functions associated with
the use.
Staff Finding
Staff believes that the proposed sign code enhances the public spaces of Aspen Highlands
Village. The proposed sign code is one element in a strategy to increase visitorship and aid
businesses at Highlands.
Landscape Plan.
The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the city, with surrounding parcels, and
with existing and proposed features of the subject property. The proposed
development shall comply with the following:
The landscape plan exhibits a well designated treatment of exterior
spaces, preserves existing significant vegetation, and provides an ample
quantity and variety of ornamental plant species suitable for the Aspen
area climate.
Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
The proposed method of protecting existing vegetation and other
landscape features is appropriate.
Staff Finding
There is no change to the landscape plan at AHV. Sta£f finds this criterion is nor applicable.
Architectural Character.
It is the purpose of this standard is to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use. the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved
as part of the final development plan an architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
be compatible with or enhance the visual character of the city,
appropriately relate to existing and proposed architecture of the
property, represent a character suitable for, and indicative of, the
intended use, and respect the scale and massing of nearby historical and
cultural resources.
incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by
use of non- or less-intensive mechanical systems.
accommodate the storage and shedding of snow, ice, and svater in a safe
and appropriate manner that does not require significant maintenance.
Staff Finding
Staff believes the proposed sign code and sign master plan for AHV will enhance the
architectural interest, variety, character, and visual identity in the proposed development.
The code appropriately relates with the surrounding buildings and the character of the signs is
suitable for AHV.
Lighting.
The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
All lighting is proposed so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or lands. Lighting of site
features, structures, and access ways is proposed in an appropriate
manner.
All exterior lighting shall in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD
documents. Up-lighting of site features, buildings, landscape elements.
and lighting to call inordinate attention to the property is prohibited for
residential development.
Staff Finding
All outdoor lighting on the building shall comply with the Aspen Highlands Village PUD
Lighting Standards. The AHV PUD Lighting Standards prohibit exterior neon; therefore
businesses will have to keep any neon signs on the inside of the business to comply with the
regulations.
Common Park, Open Space, or Recreation Area.
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD. the
following criteria shall be met:
The proposed amount, location, and design of the common park, open
space, or recreation area enhances the character of the proposed
development, considering existing and proposed structures and natural
landscape features of thc property, provides visual relief to the property's
built form, and is available to the mutual benefit of the various land uses
and property users of the PUD.
A proportionate, undivided interest in all common park and recreation
areas is deeded in Perpetuity (not for a number of years) to each lot or
dwelling unit owner within the PUD or ownership is proposed in a similar
manner.
10
There is proposed an adequate assurance through a legal instrument for
the permanent care and maintenance of open spaces, recreation areas,
and shared facilities together with a deed restriction against future
residential, commercial, or industrial development.
Staff Finding
The applicant is not proposing to add any additional common park or open space as a result
of the proposal. In addition, the proposal will not reduce the amount of open space in the
PUD. Staff finds this criterion is not applicable.
Utilities and Public facilities.
The purpose of this standard is to ensure the development does not impose an
undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public
facilities associated with the development shall comply with the following:
Adequate public infrastructure facilities exist to accommodate the
development.
Adverse impacts on public infrastructure by the development will be
mitigated by the necessary improvements at the sole cost of the developer.
Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for
the additional improvement.
Staff Finding
The utilities and public infrastructure on the site are existing. Staff believes that the proposed
amendment will not place a greater demand on the utilities or site improvements than
currently exists. Staff finds this criterion is not applicable.
/.
Access and Circulation. (Only standards l &2 apply to Minor PUD applications)
The purpose of this standard is to ensure the development is easily accessible.
does not unduly burden the surrounding road network, provides adequate
pedestrian and recreational trail facilities and minimizes the use of security
gates. The proposed access and circulation of the development shall meet the
following criteria:
Each lot. structure, or other land use within the PUD has adequate access
to a public street either directly or through an approved private road, a
pedestrian way, or other area dedicated to public or private use.
o
The proposed development, vehicular access points, and parking
arrangement do not create traffic congestion on the roads surrounding
the proposed development, or such surrounding roads are proposed to be
improved to accommodate the development.
11
Areas of historic pedestrian or recreational trail use, improvements of, or
connections to, the bicycle and pedes~trian trail system, and adequate
access to significant public lands and the rivers are provided through
dedicated public trail easements and are proposed for appropriate
improvements and maintenance.
The recommendations of the Aspen Area Community Plan and adopted
specific plans regarding recreational trails, pedestrian and bicycle paths,
and transportation are proposed to be implemented in an appropriate
manner.
Streets in the PUD which are proposed or recommended to be retained
under private ownership provide appropriate dedication to public use to
ensure appropriate public and emergency access.
Security gates, guard posts, or other entryway expressions for the PUD,
or for lots within the PUD, are minimized to the extent practical.
Staff Finding
The vehicular and pedestrian access is not proposed to change as a result of the proposed
amendment. Due to the commercial square footage within the Village, staff does not believe
the number of sandwich board signs will adversely affect pedestrian use of AHV. Staff finds
this criterion is not applicable.
Phasing of Development Plan. (does not apply to Conceptual PUD applications)
The purpose of this criteria is to ensure partially completed projects do not
create an unnecessary burden on the public or surrounding property owners
and impacts of an individual phase are mitigated adequately. If phasing of the
development plan is proposed, each phase shall be defined in the adopted final
PUD development plan. The phasing plan shall comply with the following:
All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
o
The phasing plan describes physical areas insulating, to the extent
practical, occupants of initial phases from the construction of later
phases.
The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable hoUsing, and any mitigation
measures are realized concurrent or prior to the respective impacts
associated with the phase.
Staff Finding
This criterion is not applicable to the proposed PUD amendment.
12
10/3/2003
Aspen Highlands Village P.U.D. Amendment
Aspen Highlands Village Signage Guidelines & Regulation
Amendment Request
This is a request for an amendment to the Aspen Highlands Village ("AHV") Planned Unit Development
(,PUD"), The AHV PUD Detailed Submission Consolidated Plan was approved by the Pitkin County
Board of County Commissioners as Resolution//97-167 and was recorded at the Pitkin County Clerk and
Recorder's Office on September 9, 1998 at Reception No. 422629. The AHV PUD was then adopted in
its entirety by the City of Aspen by Resolution when the property was annexed into the City of Aspen
(Pitkin County Reception No. ).
Hines Highlands Limited Partnership ("HHLP'), the PUD applicant, and the Aspen Highlands Village
Association, the primary association goveruing the Aspen Highlands Village developmem, hereby request
to amend the AHV PUD and to secure the City of Aspen approval of such amendment in order to define a
code for signage ("Signage Guidelines") specific to Aspen Highlands Village and outline the process for
administering the same.
This amendment is requested for the following reasons:
1. Aspen Highlands was desigued, planned, approved and constructed with a unique architectural
aesthetic that is integral to the quality of the visitor and owner experience for Highlands and that
is unique from the City of Aspen proper. The signage program that complements this unique
architectural aesthetic is an important component of the overall aesthetic and function and also
requires a set of Signage Guidelines that are unique from the City of Aspen guidelines.
The Aspen Highlands Village Association, the primary association governing the Aspen
Highlands Village development, was established, among other things, to maintain the design
guidelines for the property and to enforce all covenants for the benefit of all owners in Aspen
Highlands Village. These guidelines and enforcement obligations specifically include signage.
Therefore, the Aspen Highlands Village Signage Guidelines should reflect the role of the Aspen
Highlands Village Association in reviewing signage applications and administering the Signage
Guidelines within the development through its Design Review Board process and function.
Please find a cgpy of the Aspen Highlands Village Planned Unit Develol~ment Amendment -
Signage Guidelines attached as Exhibit A. We hereby request City of Aspen Planning & Zoning
Commission approval of this amendment to the Aspen Highlands Village PUD. The document outlines a
unique Signage Guideline for the Aspen Highlands Village signage program that is consistent with the
aesthetic and programming goals of the development. It also outlines a two step process for approval of
new signage within Aspen Highlands Village. First the new sign applicant must obtain Aspen Highlands
Village Association Design Review Board approval and secondly, the applicant must gain a Sign Permit
from the City of Aspen. This structure best protects both the interests of the City of Aspen and the
interests of the Aspen Highlands Village Association.
Page 1 of 2
Respectfully submitted.
By:
Robert E. Daniel. Jr.
Vice President
Hines Highlands Limited Partnership
10/3/2003
By:
Deborah Prince
Manager & Design Review Board Administrator
Aspen Highlands Village Association
Page 2 of 2
Aspen Highlands Village Planned Unit Development Amendment
Signage Guidelines
6.1 Aspen Highlands Village Signage Guidelines Contextual Note
This Signage Guideline was adopted by the Aspen Highlands Village Association Design Review Board on
,2003 as Chapter 6 qf the Aspen Highlands Design Guidelines and the Aspen Highlands Village
PUD was amended to include these Signage Guidelines by the City of Aspen Planning & Zoning Commission on
~ 2003. In cases where the contents of this Chapter conflict with other portions of the Aspen
Highlands Village Design Guidelines, the contents of this Chapter shall take precedence and shall provide the basis
for decision.
6.2 Purpose
The purpose of the Aspen Highlands Village Signage Guidelines is to:
Promote the public health, safety and welfare of Aspen Highlands Village through a comprehensive
system of reasonable, effective, consistent, content-neutral and non-discriminatory sign guidelines and
requirements.
Preserve and maintain Aspen Highlands Village as a pleasing, visual attractive mixed use community
and to enhance the attractiveness and economic well-being of Aspen Highlands Village as a place to
live, vacation and conduct business.
Address community needs relating to maintaining the quality of the guest experience, preserving and
enhancing the high quality human existence, preserve the architectorally unique character of Aspen
Highlands Village, fostering the alpine neighborhood quality of Aspen Highlands, and preserving and
enhancing scenic views.
To ensure that the signage program for Aspen Highlands compliments the unique architecture and
aesthetic of Aspen Highlands and encourage signs that are appropriate for the intended goal and
consistent with the overall aesthetic and vision of Aspen Highlands Village.
Outline the process for gaining City of Aspen permits and Aspen Highlands Village Design Review
Board approval for new sign installation.
Enable the identification of places of residences and business and allow for the communication of
information necessary to conduct commerce and navigation of Aspen Highlands Village.
Permit signs that are compatible with their surroundings and aid orientation, and preclude placement in
a manner that conceals or obstructs adjacent land uses or signs.
Protect the public from the dangers~ of unsafe signs, and require signs to be constructed, installed and
maintained in a safe and satisfactory manner.
Lessen hazardous situations which may result from improper placement, illumination, animation or
size of signs which compete for the attention of pedestrian and vehicular traffic.
Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorist, bicyclists
or pedestrians.
These Guidelines shall apply to all signs of whatever nature and wherever located within the Aspen Highlands
Village P.U.D. No sign shall be allowed except as permitted by this Chapter.
6.3 Procedure for sign permit & approval - a two step process
A. Required Process. A two step process shall be required to gain a City of Aspen sign permit for areas
within the Aspen Highlands Village P.U.D.
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Aspen bIighlands Village PUD Amendment-Signage Guidelines Version 1.0 - 8/25/2003
Aspen Highlands Village Design Review Board Approval: First. the applicant must submit a sign
review application to the Aspen Highlands Village Design Review Board (DRB) for review and
approval. It shall be considered a violation of Aspen Highlands Village Association covenants to
erect, place, construct, reconstruct, or relocate any sign without first obtaining a s~gn installation
approval from the Aspen Highlands Village DRB.
City of Aspen Signage Permit Process: Once the applicant has received DRB approval, the applicant
is eligible to submit to the City of Aspen for a Sign Permit. It shall be unlawful to erect, place.
construct, reconstruct, or relocate any sign without first obtaining a sign permit from the City of Aspen
Chief Building official. No City of Aspen sign permit shall be issued without DRB approval.
B. Exempt signs. I~e following signs or sign activities shall be exempt from obtaining a sign approval.
Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of
complying with all of the applicable provisions of this Guideline. The exemption shall only apply to the
requirement for approval.
l. Preventive maintenance. The ordinary preventative maintenance of a lawfully existing sign
which does not involve the change of placement, size, lighting, color or height.
2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity.
Directional or Instructional Signs. Signs, not exceed six (6) inches by thirty (30~ inches in
area. which provide direction or instruction to guide persons to facilities intended to serve the
public. Such signs include those identifying rest rooms, public telephones, public walkways,
public entrances, freight entrances, affiliation with motor clubs, acceptance of designated
credit cards, and other similar signs providing direction or instruction to persons using a
facility but not including those signs accessory to parking areas. Advertising materials of any
kind is strictly prohibited on direction or instructional signs.
4. Fine Art. Works of fine art which in no way identifies or advertise a person, product_ service
or business.
Flags. Flags, emblems and insignia of political or religious organizations providing such
flags are displayed for noncommercial purposes and are displayed in a tasteful and non-
intrusive manner with respect to size, location and color. The City of Aspen and the Design
Review Board hereby reserve the right to request that flags that in their opinion do not meet
these requirements kre replaced or removed.
Government signs. Signs placed or erected by govemmental agencies (including but not
limited to the Aspen Highlands Village Metropolitan District, the "District") or nonprofit
civic associations for a public purpose in the public interest, for control o£traffic and for other
regulatory purposes, street signs, warning signs, signs of public services companies indicating
danger, and aids to service and safety which are erected by, or for the order of government.
Holiday Decorations. Noncommercial signs or other materials (e.g. string lights) temporarily
displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided that
such decorations are maintained in a safe condition, are displayed in a tasteful and non-
intrusive manner with respect to size, color, quality and location and do not constitute a fire
hazard. The City of Aspen and the Design Review Board hereby reserve the right to request
that holiday decorations that do not in their opinion meet these requirements are replaced or
removed.
Incidental Signs on Vehicles. Signs placed on or affixed to vehicles or trailers where the sign
is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit
signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way,
public property, District property, or private property so as to be visible from public right-of-
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Aspen Highlands Village PUD Amendment- Signage Guidelines Version 1.0 - 8/25/2003
way where the apparent purpose if t0 advertise a Product, service or activity, or direct people
to a business or activity located on the same or nearby property.
Interior signs. Signs which are fully located within the interior of any building or within an
enclosed building or court of any building, which are not visible from public space, adjacent
lots or areas outside the building, and signs not to exceed 30" x 42", located within the inner
or outer lobby, court or entrance and not attached to the window or interior storefront of any
commercial space which are intended solely for information relating to the interior operation
of the building in which they are located.
10.
Residential Name and Address Identification Markers. Within Aspen Highlands Village
P.U.D., Block D ("Village Core"), non-reflective letters and numbers not to exceed three
inches (3") in height, mounted near (or on) the door of a particular condominium unit, that
identify the unit number of the'unit and are consistent in style and size with the other units
numbers on the building. For non-Village Core areas ("Neighborhoods"), residential name
and address identification markers are non-exempt and require the Design Review process.
11. Public Notices. Official government notices and legal notices.
12.
Memorial Signs. Memorial plaques or tablets when cut into masonry surface or when
constructed of bronze or other incombustible materials or other remembrances of persons or
events that are noncommercial in nature.
13.
Security Signs. Every parcel may display security signs not to exceed an area of six inches
wide bysix inches long (6" x 6"). Security signs may contain a message, logo, or symbol
alerting the public to the presence ora security system on the premises. Security signs shall
be of a neutral color. Security signs must be installed only on private property.
14.
"A" Frame Sandwich Boards or Free Standing Signs Each commercial owner or tenant
within the Village Core is permitted to place either one (1) sandwich board or one (1) free
standing sign to identify or advertise their business or service within ten (10) feet of the door
to their operation and in a location that does not interfere with pedestrian ingress/egress. The
signs must conform in color, style and dimension to the Design Review Board approved signs
on file with the Aspen Highlands Village Association.
Each commercial owner or tenant within the Village Core that is in a location that does not
have plaza frontage (i.e. adjacent to the brick paver pedestrian plaza) is permitted to place one
(1) additional direction sign, either sandwich board or free standing sign to direct patrons to
their location. Signs must conform to the Design Review Board standards and the location of
said sign is subject to Design Review Board approval.
Application. For all non-exempt signs (i.e. signs not identified in Section 6.3B), an application for a
sign approval shall first be submitted to the Aspen Highlands Village Association Design Review
Board and shall include the following information:
1. That information required on the form provided by the City of Aspen Community
Development Director:
2. The Aspen Highlands Village DRB Design Review Fee. if required by the Design Review
Board;
3. A letter of consent from the owner of the building or space that will include the sign, if the
applicant is not the owner or tenant:
4. Proposed location of the sign on the building or parcel; and
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Aspen H~ghlands Village PUD Amendment- S~gnage Guidelines
Version 1.0 - 8/25/2003
A blueprint or ink drawing of the plans, specifications, and method of construction of the sign
and it's supports, showing proposed dimensions, materials, and the type, intensity, color and
design of the sign's illumination, if any.
Determination of Completeness & Compliance. Only applications that have been submitted complete
will be considered for compliance and approval. Once the application is complete, the Design Review
Board shall review the application and determine its compliance and consistency with the purposes,
requirements and standards in this Chapter. the Design Review Board shall approve, approve with
conditions or deny the development application for a sign approval. Once the Design Review Board
has issued a letter of approval, the applicant shall submit a duplicate set of the items outlined in
Section 6.3.C as approved by the DRB and a copy of the DRB approval document to the City of Aspen
Community Development Department for Sign Permit review and issuance. No construction shall
begin until the Sign Permit has been issued by the City of Aspen.
6.4 Prohibited Signs
The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in
Aspen Highlands Village P.U.D.
A. Billboards and other off-premise signs. Billboards and other off-premises signs.
B. Flashing signs. Signs with lights or illuminations which flash, move. rotate, scintillate, blink, flicker, vary
in intensity, vary in color, or use intermittent electrical pulsations (e.g. LED and chaser lights).
Moving signs. Signs with visible moving, revolving, rotating parts, or visible mechanical movement of
any description or other apparent visible movement achieved by electrical, electronic or mechanical
means, including automatic electronically controlled copy changes.
Obsolete stgns. A sign which identifies or advertises an activity, business, product, service or special
event no longer produced, conducted, performed or sold on the premises upon which such sign is located.
Such obsolete shall be taken down by the owner, agent or person having beneficial use of such sign within
ten (10) days after written notification from the City of Aspen or the Aspen Highlands Village
Association. and upon failure to comply with such notice within the time specified in such order, the City
of Aspen or the Aspen Highlands Village Association is hereby authorized to remove the sign, and any
expense associated with the removal shall oe paid by the owner of the property on which the sign was
located.
E. Temporary Signs carried by a person.
F. Search lights or beacons.
G. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public
space, adjacent lot. or building other than the building to which the sign may be accessory.
H. Signs containing untruthful or misleading information
Signs obstructing egress. A sign which obstructs any window or door opening used as a means of egress,
prevents free passage from one part of a roof to any other party, interferes with an opening required for
legal ventilation, or is attached to or obstructs any standpipe, fire escape, or fire hydrant.
Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a
public right-of-way, public property, or private property so as to be visible from a public right-of, way or
public space where the apparent purpose is to advertise a product (e.g. a "for sale" sign), service or activity
or direct people to a business or activity located on the same or nearby property. However. this is not in
any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor
vehicles, where the sign is incidental to the primary use of the vehicle or trailer.
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Aspen Highlands Village PUD Amendment- Signage Guidelines Version 1.0 - 8/25/2003
K. Signs inpublic right-of-way orpublic space. A sign in, on, over or above a public right-of-way or public
space (e.g. District property) that in any way interferes with normal or emergency use of the public fight-
of-way.
L. Strings of light or strip lighting. Strip lighting outlining commercial structures and used to attract
attention for commercial purposes, and strings of light bulbs used in any connection with commercial
premises unless the lights shall be shielded.
M. Unsafe signs. Any sign which:
is structurally unsafe;
constitutes a hazard to health or safety by reason of inadequate maintenance or dilapidation;
is not kept in good repair;
is capable of causing electric shock to persons fikely to come in contact with it;
in any other way obstructs the view of, may be confused with, or purports to be an official traffic sign,
signal or device or any other government regulatory or informational sign;
uses any words, phrases, symbols or characters that in any way creates an unsafe distraction for vehicle
operators or pedestrians;
obstructs the view of pedestrians or vehicle operators from making safe travel;
is located on trees, rocks, light poles or utility poles, expect where required by law or installed by a
governmental entity;
is located so as to conflict with the clear and open view of devices placed by a public agency for
controlling traffic or which obstructs a motorist's clear view of an intersecting road or drive.
Iq. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street
blimps", are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt.
0. Mail boxes. Mail boxes, including mail boxes marked with address identification markers. All mail
within Aspen Highlands Village shalI be collected and delivered to the central post office within Block D
of Aspen Highlands Village PUD.
6.5 Signage Guidelines
General. The architecture and aesthetic of Aspen Highlands Village is founded in the tradition of
American, rustic, alpine design. The West has a long tradition of small town Main Street shop signs.
The most successful are those designed, and often created, by local shop owners to express the nature of
the wares they sell. Those signs typically become more elaborate as their business became more
prosperous. At Aspen Highlands, the goal is to create a unique and eclectic atmosphere and avoid the
repetitive shopping center feel resulting from strict tenant sign regulations~ Consequently, the following
sign guidelines are established to provide general parameters and overall restrictions around the types and
amount of signage permitted within the AHV retail corridor (AHV PUD, Block D) in order to ensure that
the signs that are installed are consistent and complement the aesthetic.
Ultimately, the Design Review Board will have the decision-making authority to deem a particular sign or
sign program as consistent or inconsistent with the guidelines and vision of Aspen Highlands Village and
the overall sign restrictions provided herein. As an aide to the Design Review Board and the signage
approval applicant, a copy of the Signage Guidelines as developed by the architectural design team as part
of the design process for the development are on file at with the Aspen Highlands Village Association.
These guidelines demonstrate several historical examples of signs that am consistent with the AHV
atmosphere and they also depict a potential layout or placement of each type of sign on the various building
Page 5 of l O
Aspen Highlands Village PUD Amendment - Signage Guidelines Version 1.0 - 8/25/2003
facades. The City of Aspen will require all signs meet the dimensional requirements of these Signage
Guidelines.
Materials. Natural materials are to be used whenever possible. Painted wood or metal signs with fiat.
carved or dimensinnal letters are preferred. Gold or silver leaf or screen-printed signs on glass are also
options. Molded or injected plastic or vinyl signs or sign materials are prohibited.
General SigJ~ Types & Dimensions. The following sign types are encouraged at Aspen Highlands Village.
Signs can vary in shape in size depending on the type of signs and the overall signage plan for the
particular building. Ultimately, the requirements for each sign will depend on the location and purpose of
the sign and final determination on these criteria are at the discretion of the Aspen Highlands Village DRB
provided that they meet the overall sign restrictions provided in this Section.
Sign Surface Area Measurement.
The sign Surface Area as used herein shall determined for each sign or graphic as follows: (I) for
rectangular signs the width and height shall be measured and then multiplied together to determine the
Surface Area: (2) for irregularly shaped signs or graphics, the surface area shall be calculated by
determining the width and height of the smallest rectangle that would completely include all of the
elements of the individual sign or graphic and then multiplying those values together to determine the
overall Surface Area of the sign for the purposes of this guideline.
Villoge Core Only
Blade Signs. Blade signs are two sided signs which mount perpendicular to the building facade,
typically hanging from a decorative bracket. Blade signs shall not exceed twelve (12) square feet in
Surface Area (one side). Variance may be allowed based on overall densit5 or massing of the sign(s).
Wall Signs. Wall s~gns are typically one*sided panel or pan signs attached to a building. They can
also be painted directly on buildings or be cut or fabricated dimensional letters applied to the building
faqade. Walls signs painted directly on the side of buildings will be rewewed on an individual basis
for size. image, impact, etc. Not all buildings in AHV are suited for this type of sign, but painted
signs would be appropriate on Trailhead Lodge (Building 4) and Maroon Creek Station (Building 5).
Several of the buildings within AHV Block H have been eqmpped with frames for wall signs above
the specific retail location. For these locations, wall s~gns applied to the frances must not reach
outside of the outer limit of any sign frame Sign frames on the building range ~n size from
approximately 2'-3' in height and 4'-26' in length.
Log Signs. Log signs can be created either by carving letters or attaching letters to existing timber
members on specific buildings or by suspending a new rough sawed timber from the building. Logs
range in size from approximately 6" to 3' in diameter and 5' to 16' in length. Typical font size for
lettering in 12" to 16"
Corner Signs. Corner signs are similar to blade signs, but are located on the corner of a building so
they can be seen from several angles. Comer signs are larger by design because they have the ability
to roach higher along the building comer and therefore a large overall size is permitted. The sign
Surface Area (one side) shall not exceed forty (40) square feet.
RoofSigns. Roof signs are typically panel signs permanently fixed to the roof of some buildings.
These signs are appropriate for Maroon Creek Station (Building 5) and Highlands Center (Building 7).
Roof signs are similar to wall signs and should range in the 2'-3' in height and 4'-20' in length
dimension and the Surface Area shall not exceed forty (40) square feet.
Window Signs. Window signs are in keeping with the Aspen Highlands Village architecture.
Window signs can take several forms: etched glass, gold or silver lead s~gns, stgns painted to the back
of the glass, signs hung inside the front window or signs created by vinyl cut letters. Signs may not be
attached to the outside of the windows. Window signs must fit within each window pane or can span
Page6oflO
Aspen Htghlands Village PUD Amendment- Signage Guidelines Version I.O - 8/25/2003
two or three panes with DRB approval. Any individual window sign shall not exceed nine (9) feet in
Surface Area.
Awning Signs. Awning signs or text are permitted as part of a businesses signage program. However,
the lettering on the awning shall not exceed six (6) inches in height and the entire graphic shall not
exceed 6 square feet in Surface Area for any individual awning. A variance may be considered based
on scale of graphic on proposed awning.
Business Directory or Directional Signs. Business directory or directional signs can be freestanding
or wall signs. The DRB shall govern the Jocation, aesthetic and number of directory signs as they
deem appropriate for AHV as the Village Core evolves.
Neighborhoods Only
1. Residential Name and Address Identification Markers. Identification signs or address markers must be
consistent with the architectural themes in the Design Guidelines with respect to design, materials and
lighting. Examples and specifications of acceptable identification markers are on file with the Aspen
Highlands Village Association. The identification sign must be installed within twenty (20) feet of the
intersection of the driveway and the public road.
Village Core Aggregate Signage Plan Surface Area Restriction
For all commercial spaces within the Village Core, the aggregate sign Surface Area (in square l'eet) of the
overall signage program for each individual business shall not exceed 2.25 square foot of aggregate Sign
Area for each linear foot of exterior wall for the individual business. The total sign Surface Area shall be
the sum of the Surface Areas of all of the exterior signs as identified in Section 6.5C relating to the
individual business in question. For signs with two sides (e.g. blade signs and comer signs), the surface
area of both sides of the sign shall be included in the calculation of the aggregate Surface Area. The
aggregate surface area restriction is the maximum allowable surface area for an individual space; however,
the Design Review Board reserves the right to require a particular applicant to a lower maximum aggregate
Surface Area as the scale of the storefront might dictate.
Sign Mounting Requirements
1. Signs shall be mounted with black matte or non-metallic (no glare) hardware.
Sign Illumination
1. Prohibited illumination. No sign shall be illuminated through the use of intemal illumination, rear
illumination, except when used for indirect illumination and in such a manner as to not be directly
exposed to public view.
Use of Neon. The use of neon will be pem~itted but will be strictly regulated as to size, location, and
color. The approval or disapproval of the proposed use of neon shall be at the discretion of the Design
Review Board. However, neon shall not be used in more than three (3) applications total within the
Village Core and the total length of neon permitted within the Village Core shall not exceed 30 linear
feet.
3. Shielding illumination. Illumination of signs shall be designed, located, shielded and directed in such a
manner that the light source is fixed and is not directly visible from, and does not cast glare or direct
light from artificial illumination upon, any adjacent public right-of-way, surrounding property,
residential property or motorists vision.
Conformance with PUD Lighting Standards. All proposed sign illumination shall conform to the
lighting guidelines established in the AHV PUD as approved by the Pitkin County Board of County
Commissioners and as filed with the Pitkin County Clerk & Recorder.
Graphic designs.
1. In reviewing the sign approval application the Aspen Highlands Village Design Review Board and the
City of Aspen shall review a proposed sign graphic design in the following context:
a. Does it harmonize with the structure or structure on the parcel on which it is painted;
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Aspen Highlands Village PUD Amendment- Signage Guidelines Version I.O - 8/25/2003
b. Is it compatible with the other signs or graphic designs on the premises:
c. Is it suitable and appropriate to the aesthetic of Aspen Highlands Village;
d. ls it well designed and pleasing in appearance;
e. Does it constitute a nuisance to the occupants of adjacent or contiguous property;
f Is it detrimental to property values;
g. Does it constitute a traffic and safety hazard because it is distracting, or is not considered
obscene, lewd, indecent or otherwise offensive to public morals:
and shall issue approval, disapproval or contingent approval at its discretion.
The Aspen Highlands Village Design Review Board and the City of Aspen may attach to its approval
of the application, any conditions which in its judgment are necessary to carry out the purpose and
intent of the review standards. The Aspen Highlands Village Association or the City of Aspen may
also require annual maintenance inspections of the design by the Association Manager or City
employee, and revoke any sign approval issued if a graphic desigl~ is not maintained.
Structural characteristics
The following limitations shall apply to ail freestanding, projecting and wall signs:
1. Freestanding Stgns. Free standing signs shall not be higher than four (4 ~ feet in height and shall be
non-metallic and consistent in style and form of the freestanding sign as approved by the Design
Review Board and on file with the Aspen Highlands Village Association.
Projecting Signs - Corner or Blade Signs. Projecting signs shall be a minimum of seven ~7) feet
above grade when located next to or projecting over a pedestrian way and shall not extend more than
five (5) feet from the building wall to which they are attached, except where such a sign is integral part
of an approved awning or canopy.
3. Wall & Roof Signs. No sign part. including cut out letters shall project more than six (6) inches from
the building wall.
Signs on public right-of-way
It shall be considered unlawful to erect or maintain any sign in, on, over or above any land or right-of-way
or on any property, including lightposts, belonging to the City of Aspen without the permission of the City
Council or belonging to the Aspen Highlands Metropolitan District without the permission of the District
Board. However, this section shall not apply to signs posted by any duly constituted public authorities in
the performance of their public duties, or to specific cimumstances otherwise provided for in this Chapter
6.6
Temporary signs
General. Ail signs that are temporary in nature must conform to the requirements of this section. If the
temporary sign does not conform to this section, the applicant must follow the procedure outlined in
Section 6.3.
Temporary Sign Types and Requzremems.
Temporary Realtor Signs. "For Sale" signs that identify the agent and their contact information
shall be subject to the following:
a. Type: The sign shall strictly conform in design, color and dimension to the approved
DRB realtor sign on file with the Aspen Highlands Village Association. The agent is
permitted to use their standard sign for a period of no longer than fourteen (14) days
while the approved sign is being fabricated.
b. Number & Location: One (l) sign located on the property being sold.
c. Duration: Sign may be displayed from the beginning of the listing period for the
property until three (3) days after the sale of the property.
Temporary Open House Signs. "Open House" directional and identification signs that identify the
property hosting the open house and direct interested parties to the property shall be subject to the
following:
a. Type: The sign shall strictly conform in desi~, color and dimension to the approved
DRB open house sign on file with the Aspen Highlands Village Association.
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Aspen Highlands Village PUD Amendment- Signage Guidelines Version 1.0 - 8/25/2003
b. Number & Location: One (1) sign located on the property hosting the open house and no
more than two (2) directional signs for the open house event. The signs must be erected
in a location that doesn't impede vehicular or pedestrian traffic safety. During multiple
open house events occurring during the same period, only one (1) directional sign is
permitted per intersection.
c. Duration: Sign may be displayed from the twenty-four (24) hours before the event to
twenty-four (24) hours after the event.
Temporary Neighborhood Construction Signs. Signs displayed during the construction process
that highlight the realtor, contractor or designer shall conform to the following:
a. Type: The sign shall be a free standing sign and strictly conform in design, color and
dimension to the standard Design Review Board sign for this purpose that is on file with
the Aspen Highlands Village Association and shall not exceed sixteen (16) square feet in
area.
b. Number & Location: One (1) sign located on the property under construction and visible
from an adjacent roadway and/or entry to the property.
c. Duration: Sign may be displayed for the duration of construction or eighteen (18)
months, whichever is less.
Temporary Flyers or Announcements. Signs posted for promotion of events, offerings,
entertainment, etc. shall conform to the following:
a. Type: Signs and flyers shall not be affixed via visible tape or staples.
b. Number & Location: No more than two (2) signs are permitted in the window/storefront
advertising a specific promotion. Signs are not permitted on public property - ligh!
poles, fences, columns, windows, building storefronts, etc - without Design Review
Board manager approval.
c. Duration: Sign may be displayed for the duration of three (3) weeks prior to the event or
offering and shall be removed within two (2) days of the completion of the event or
offering.
Temporary political signs Temporary political signs announcing political candidates seeking
public office, political parties, or political and public issues shall be subject to the following:
a. Type: Signsshallbeawallsignorbannernotexceedingthree(3)squarefeet.
b. Number &Locatton: In the Village Core. the only approved Iocation for posting
temporary political signs is on the bulletin board in the Aspen Highlands Village post
office attd only one (1) sign is permitted for each candidate seeking office. In the
Neighborhoods. one (1) sign is permitted per property. Temporary political signs are not
permitted on public or District property under any circumstances.
c. Duration: Si~_ ma) be erected or maintained for a period not to exceed thirty (30) days
prior to the election date to which the signs are applicable and shall be removed within
seven (7) days following such election. Temporary political signs concermng issues or
candidates which are not on ballot may be maintained for a period not exceeding thirty
(30) days.
Temporary sale sig~s. Temporary sale signs, announcing special sales of products and services.
shall be subject to the following:
a. Type. The temporary sale sign shall be placed in the window or windows of the
business holding the sale and shall not exceed three (3) square feet. Sale signs
are not permitted on the exterior storefront of the business holding the sale.
b. Number& Location. There shall be permitted not more than one (II temporary
sale sign in any window and a total of not more than three (3) signs for each use.
c. Duration Except for the end of season period from March 1 through April 15.
temporary sale signs may be maintained for a period not to exceed fourteen (14)
days and shall be removed at the end of the fourteen I14) days or on the day
following the sale, whichever shall occur first, and shall not be replaced for at
least 3 months folinwing the removal of signs.
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Aspen H(~hlands Village PUD Amendment - &gnage Guidelines Version 1.0 - 8/25/2003
Temporary banners, pennants, streamers, balloons, and other gas filled figures. Temporary
banners, pennants, streamers, balloons or other gas filled figures advertising special campaign,
drive, activity, or event of a civic, philanthropic, educational, or religious organization for non-
commercial purposes., subject to the following:
a. Type: All types must be reviewed and approved by the Design Review Board
b. Number & Location: Number and location shall be subject to the written
approval of the Aspen Highlands Village Association Manager.
c. Duration: Any temporary si~s may be erected and maintained for a period not
to exceed fourteen (14) days prior to the date of which the campaign, drive,
activity, or event advertised is schedule to occur and shall be removed within
three (3) days of the termination of such campaign, drive, activity or event.
6.6 Signage Guideline Enforcement
The Aspen Highlands Village Association hereby reserves the right to enforce the signage guidelines and approvals
issued by the Design Review Board regarding signage to the fullest extent permitted with respect to Association
covenants and rules and regulations under the Declaration for the Aspen Highlands Association. The enforcement
process shall include: site walks to review the development for signage guideline violations, issuing letters of
violation, issuing fines or penalties for non-compliance, and the final action of placing a lien on the offending
individuals property if they remain in violation. The City of Aspen also maintains its right to enforce the Aspen
Highlands Village PUD requirements as permitted b) law.
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Aspen Highlands Village PUD Amendment - Signage Guidelines Version 1.0 - 8/25/2003
ASPEN PLANNING & ZONING COMMISSION Minutes August 05, 2003
Tygre noted there were problems when properties were annexed with prior county
approvals that came with unknown negotiations on the approvals; most PUDs were
carefully negotiated. This kind of change in use may lead to additional
applications in the future.
Lindt noted there was a specific change in use criteria language, which stated that
only one unit, may be created through a change in use.
MOTION: Eric Cohen moved to approve Resolution #18 and recommend
that City Council approve a PUD and SPA amendment and a GMQS
exemption for a change in use to allow for the combined lodge unit (consisting
of lodge units 1, 2, and 3) in the Maroon Creek Club to add a kitchen and
thereby become a multi-family residential dwelling unit, with the following
condition: l. The lodge unit to be converted to a residential dwelling unit shall be upgraded to
meet the 1998 ANSI Type B adaptable clearance requirements relating to the handicap accessibility
of the bathroom. Seconded by Ruth Kruger. Roll call vote: Johnson, no;
Haneman, yes; Krnger, no; Rowland, yes; Skadron, yes; Cohen, yes; Tygre, no.
APPROVED 4-3.
Hoefer stated that for the record this motion included the removal of the condition
as requested by the applicant for the annual basis letter regarding the rental of their
units.
PUBLIC HEARING:
ASPEN HIGHLANDS VILLAGE PUD AMENDMENT - SIGNAGE
Jasmine Tygre opened the public hearing on the Aspen Highlands Village Sign
Amendment. Ruth Kruger and Steve Skadron recused themselves. David Hoefer
stated that proof of notice was provided.
Sarah Oates noted that this was a PUD amendment for another annexed property,
Aspen Highlands Village. Oates distributed the current Aspen Highlands sign
code regulations (Exhibit D), which was developed in 2000 by Hines Highlands
and the Master Homeowners Association. Oates said that the Highlands developed
their sign code about the time that they were being annexed and were told that it
didn't meet the City of Aspen's sign code regul~itions. Staff recommends
approval. Oates said that the Village core would have the only impact; there were
Village regulations as they relate to real estate s~gns for residential properties,
lettering but was particularly orientated to the Village core. Oates stated that this
was a P&Z approval only.
8
ASPEN PLANNING & ZONING COMMISSION Minutes August 05, 2003
Deborah Prince, representative of the Aspen Highlands Village Association, said
there were very strict regulations on the neon signs, which would be very artist
signs. Oates commented that there was a design review board for the retail
association to review the signage and would then refer to Sarah Oates to make sure
the sign meets the dimensional requirements~
Jack Johnson asked what the AHV was. Prince replied that it was the Aspen
Highland Village Association, which oversees the Village as a whole. Johnson
asked if the affordable housing residents were members of this association and the
number of representatives serving on the board; who was speaking for the people
not the retailers. Prince replied that they were; there was a board. Bob Daniel,
representative for Hines, explained the association structure as the master
association with several sub-associations within the master association. Daniel
said there were sub-associations for all the condominium units, the affordable
housing units that were not part of the Village core, townhome association, which
is a rather complex entity. Daniel said that currently the association was still under
declaring control pursuant to the regulations of the Colorado Common Interest
Ownership Act with 4 Hines appointees. Daniel said for the Aspen Highlands
Village water service agreement required annexation into the city. The City of
Aspen must adopt the zoning and entitlement established for Aspen Highlands
Village due to the Pitkin County Entitlement process so there would not be any
non-conforming uses in the city by the city annexing a county project. Daniel said
there were no signage regulations in the county that were applicable to Aspen
Highlands Village and it was merely an oversight that at the time of annexation
that the PUD amendment was not incorporated into these signage guidelines.
Johnson asked who made up the design review board. Daniel responded there
were 3 architects (1 an affordable housing unit owner and 2 professional architects
from the community) and Gary Beach to review drainage and water issues; the
master association board appointed these board members.
Johnson noted the differences between the Aspen Highlands Signage Regulations
and the City of Aspen Code and asked why flags were not allowed. Prince said
that there were residents that lived above the commercial core spaces and there
would be difficulty in the scrutiny in what was tasteful and not tasteful.
Eric Cohen asked if there was only one real estate s~gn allowed per property.
Oates replied that was true, page 8 of 10 of the guidelines.
Tygre noted that the signs that were shown in the Highlands Signage Booklet were
all verywestern and old western in style; how does that fit in with neon and where
ASPEN PLANNING & ZONING COMMISSION Minutes August 05, 2003
would the neon signs be located. Prince answered that they were an eclectic
western and the neon was a generalization of not allowing more than 3 neon signs.
Public Comments: Adam Gillespie stated that he represented a group of
homeowners [confidentially) that were concerned with yard sale signs and for sale
signs on cars; they wanted the signs to be restricted to commercial use only.
Oates said that signs on parked vehicles was addressed on page 9 of 10.
MOTION: Eric Cohen moved to approve Resolution #20, series 2003,
approving a PUD amendment to the Aspen Highlands Village PUD to adopt a
sign code for Aspen Highlands Village, attached at "Exhibit B" included the
amendments on page 6 of 10 to strike the last sentence under WallSigns; page
2 of 10 to strike the second sentence on Flags. Seconded by Roger Haneman.
Roll call vote: Johnson, no; Haneman, no; Rowland, no; Cohen, yes; Tygre,
no. DENIED 4-1.
Disscussion: Tygre stated that Aspen Highlands was a separate entity but
that she could not approve neon signs, especially with light pollution. Haneman
agreed. Johnson said that he couldn't support the sign code because this
amendment added another layer of bureaucracy and the sub-associations would be
judged by a un-elected board appointed by a corporation; he objected to the quasi-
governmental agencies creating and making laws that were different .from
everybody else's.
Meeting adjourned at 7:10 p.m.
Jackie Lothian, Deputy City Clerk
10
Aspen Highlands Village
Signs corrrpahson
to City of Aspen Code
Tenant Type Overall size Lettering Height Other
Wine Spot Blade :8'~iqTfC/ddl~f~s'~_e~~ Comphes
Arming CompIies Compiles
~letaphor Gallery Wall Sign ~1.6~7tCt~7~ob* ai~.6 sq: ............ ft. too Fdll~
If just lettering taking into consideration would
,Window Complies Complies comply with OveraI1 Size
ThunderbowlCafg Wall Sign12 sq. fttoolafg'~: Complies
Window Complies :1 squirt, t66 taI!
c- Window Complies .1 ,s~.*~fi. tootall
Balde 2.3'sq. ft. tOtS~larffe~ Complies
Iguanas Wall Sign 9.6 sql fttoo larg~i Complies
Window Complies Complies
Iguana logo may be too tall (1.6' allowance for
Blade ~s~.~"~Iii¥~'F Complies logos in City Code)
Durrance Sports Wall Sign ! g~:ft, too latge~ Complies City code calculates this type of lettering at 1/2
WallSign IS'~i. Tt'.,'~5~'l~/i/k~ Gaq. ft. tootalL City code calculates this type oflettering at l/2
Window Complies Comphes Logo canbe 1.6 ft. inheight
Comer
Blade 18-sq, ft. too large Complies
Blade ~,,s~. ft. too laf~¢~' Complies
Sandwich n/a rfa Not allowed per City of Aspen Code
Exceeds sign allowance per City of Aspen
Free- Code; City allows 2 of either blade,
standing Complies ' Complies freestanding and/or wall signs
Worldlink Wail Sign 8~? sq. ft. toohrge Complies
Blade 6,~sq- ft. too large_ Complies
Gretcho's ATM Blade Complies Complies
City does not have a reference to roof signs;
numbers are compared to wall sign
Post Office Roof Sign I'8"~'~ ft.~t~p la~'~ 1 ftTf0'6'fall ;,, requirements
loshua & Co. Blade Complies Complies
Window Complies Complies
Window Complies Complies
4spen Land &
Flomes Wail Sign [9~sq. ft.'~b0'laig~/ Complies
Window Complies Complies
Blade Complies Complies
Wall
Display Complies Complies
*May comply or lettering heigh slightly larger
Roof Sign 8sq. ft. mo'large * than 1' allowance
Aspen Highlands Village
Signs comparison
to City of As~en Code
Pro Mtn. Sports Wall Sign Complies Complies
Wa11 Sign Complies Complies
BIade Complies Complies Aspen leaf logo too tall
Window Compiler__S_ ~:~'~4- 2omplies
RCCMember Wall ~ ~ ~i:l: flx-/~%''° Complies
Wail Complies Complies
Window Complies Complies
Window Complies Complies
Willow Creek Wail Complies Complies
Window Complies I Complies
Aspen Highlands Village - Retail Signage Inventory
November '13, 2003
Wine Sao~ HHLP
2
Blade 2.6 2.6 6.8
Awn ng 2.0 0.4 0.8
3 Metaphor Ga[[ery HHLP
Wall Sign 26.0 1.6
WindOW 0.6 0.4
Thunde~owlCa~ HHLP
9
10
11
Iguanas HHLP
6.8
3.2
12
13
15
16
17
18
Durrance Sports HHLP
41.6 41.6
0.2 2 0,5
19
2O
Worldlink HHLP
Wall Sign 11.0 2.0 22.0 22.0
Winaow 5.5 ' ' 6.1 I 6.1
Window 4.3 ' ' 4.7 2 9.5
Blade 3.3 2.5 8.3 8.3
21 Gretcho's ATM
Wall Sign 11,5 4 -z 19.6 1 19.6
Window 1.5 0.5 0.8 ,~ 3.0
Blade 3.0 3.3 9.9 1 9.9
22 Post Office
Wall Sign fSI 22.0 1,0 22.0 1 22.0
Wall Sign fEI 22.7 1.3 29.5 1 29.5
Window 2.0 1.6 3,2 2 6.4
Corner Blade 4.0 6.0 24.0 24,0
Blade 3.0 3.0 9,0 1 9.0
Sandwich 2.0 3.0 6,0 1 6.0
Freestanding 2.0 2.5 5.0 1 5.0
23
24
25
Joshua & Co.
Wall Sign 8.9 2.1
Blade 2.8 4.3
18.7 I 18.7
12.0 1 12.0
26
27
28
29
3O
Asaen Land & Hames
HHLP Blade 1.0 2.5 2.5
HHLP Roof Sign 14.0 2.0 28.0
HHLP
2,5
HHLP
28.0
Blade Sign 3.0 1.8 4.5 I 4.5
Window 1.0 ' ~ 1.7 1 1.7
Window 0.5 2.4 1.3 1 1.3
Wall Sign 14.5 2.0
Window 2.8 1.0
Blade 3.0 1.1
Wall Display 2.3 0.9
Roof Sign 12.0 1.5
29.0 29.0
2.8 5 14.0
3.3 3.3
2.1 2.'
18.0 18.0
Total Area 345.3
AHV Retail Signage inventory 11/12/03
31
32
33
34
Pro Mountain Sports
ASC
Wall Sign 5.5 1.0 5.5
WalJ Sign 4.0 2.0 8.0
Blade 1.5 3.0 4.5
Window 0.5 1.2 0.6
1 5.5
1 8.0
I 4,5
4 2.4
35
36
37
38
RCC Membership Gallery
RCC
Wail Sign 16.0 1.5 24.0 2 48.0
Wail Sign 2,0 1.5 3.0 2 6.0
Window 0.8 1.3 1.0 4 4.2
Window 0.8 0.5 0.4 4 1.6
39 Willow Creek
4O
RCC
Wall Sign 2.0 1.5
Window 1.7 1,2
3.0 1 3.0
2.0' 2 4.1
Total Area 87.2
AHV Retail S,gnage Inventory 2 11/12/03
TO:
THRU:
FROM:
RE:
DATE:
MEMORANDUM
Mayor Klanderud and Aspen City Council
John Worcester, City Attorney
Julie Ann Woods, Community Development Director _~g~-~
Chris Bendon, Senior Long Range Planne~
City of Aspen Definition of Demolition, Measurement of Roof Heights, &
Affordable Housing FAR Bonus
Second Reading of Ordinance No. 55. Series of 2003
November 24, 2003
SUMMARY:
"Demolition:"
The proposed ordinance amends the definition of Demolition making the threshold at
xvhich a "remodel" becomes a "demolition" occur sooner. The existing definition
describes demolition at the point of removing 50% of the exterior wall surface area.
Roofs are not counted. Also the use of surface area does not include any depth to the
walls and can result in protracted discussion about maintaining tarpaper, shingles, etc
Staff and the Planning and Zoning Commission have received complaints about the
flexibility this provision allows and the "demolition" appearance of many of these
~'remodels."
The proposed ordinance defines demolition m the point of removing 40% of the
exterior surface area. including roof area. A requirement for the remaining ~valls to
include the associated structure (studs, joists, etc.j should improve the appearance of
actual walls remaining during the process of remodeling. A new section describes the
process for determining demolition. This should help both staff and
Architects/contractors working on these projects rely on an adopted set of rules. Staff
expects this new definition will result in "remodel" projects appearing more as
remodels.
Measurement of Roof Heights:
The proposed ordinance also changes the measurement of buildings in commercial
and mixed-use zones to be measured at their highest point rather than at a midpoint of
a pitched roof. This does two things: l/ it encourages flat roofs in these zones, a
traditional building practice; and, 2~ it prohibits peaked roofs from exceeding the
allowable height in these zones, responding to concerns about views and solar access.
The affected zones are: Commercial Core (CC), Commercial (C1), Commercial
Lodge (CL), Neighborhood Commercial (NC), and Service/Commercial/Industrial
(SCI) Zone.
Affordable Housing FAR Bon us:
Lastly, the proposed ordinance provides a Floor Area bonus encouraging property
owners o£Accessory Dwelling Units to sell those units through the Housing Office as
deed restricted units. This proposed bonus is a result of Infill discussions on how to
encourage ADU occupancy.
This bonus is in addition to the floor area exemption and adds to the allowable floor
area for the property. The Floor Area bonus would be equal to half the square footage
of the ADU or Carriage House up to a maximum of 600 square feet. In initial
discussions with City Council this was reduced from the original 100% bonus
proposal supported by P&Z for concerns of building size and massing.
Staff recommends adoption of Ordinance No. 55, Series of 2003.
STAFF RECOMMENDATION:
Staff recommends adoption of Ordinance No.55, Series of 2003.
RECOMMENDED MOTION:
"I move to approve Ordinance No. 55, Series of 2003."
CITY MANAG~ER~/.~ COMMENTS:
ATTACHMENTS:
A - Staff Comments
2
ORDINANCE NO. 55
/SERIES OF 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY
OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
REGARDING METHODS OF MEASURING FLOOR AREA, BUILDING HEIGHT.
AND EXTENT OF DEMOLITION: 26.104.100 - DEFINITIONS: 26.575.020(A) -
CALCULATIONS AND MEASUREMENTS: 26.575.020(B) - METHODS OF
MEASUREMENT FOR VARYING TYPES OF ROOFS: 26.575.020(E) -
MEASUREMENT OF DEMOLITION.
WHEREAS. the City Council and the Planning and Zoning Commission of the City of
Aspen directed the Community Development Director to propose amendments ro the Land Use
Code related to the Infill Report, a report developed by a city-commissioned advisory group, the
Infill Advisory Group, pursuant to Sections 26.208 and 26.212; and,
WHEREAS. the amendments requested relate to multiple Chapters and Sections of the
Land Use Code, Title 26 of the Aspen Municipal Code, including Chapters and Sections:
26.104.100 - Definitions page 2
26.575.020(A) - Calculations and Measurements page 2
26.575.020(B) - Methods of Measurement for Varying Types o£Roofs page 3
26.575.020(E) - Measurement of Demolition page 4
; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above hoted Chapters and Sections on September 3,
2002, continued to September I7, 2002, continued to September 24, 2002, continued to October
1, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17, 2002, took and considered public testimony
at each of the aforementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote, City Council adopt the
Ordinance No. 55 Page 1
Series of 2003.
proposed amendments to the land use code by amending the text of the above noted Chapters and
Sections of the Land Use Code, as described herein; and,
WHEREAS, the Aspen City Council has reviewed and considered the reconwnended
changes to the Land Use Code under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development Director,
the Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Conm~unity Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.104.100, Definitions, which section describes the meaning of terms used in
tt~e Land Use Code, shall include the additional following terms and definitions:
Demolition. To raze; disassemble, tear down, or destroy forty percent (40%) or more of
an existing structure (prior to commencing development) as measured by the surface of
all exterior wall and roof area above finished grade and associated assembly and
components necessary for the structural integrity of such wall and roof area. For the
method of determining demolition, see Section 26.575.020(E), measurement of
demolition. The removal of a dwelling unit in a multi-family or mixed-use building, or its
conversion to non-residential use shall also constitute demolition. (See, Chapter 26.530,
Residential Multi-Family Replacement Program.)
Section 2:
Section 26.575.020(A), Calculations and Measurements, which section describes the manner in
which Floor Area is calculated, shall read as follows:
26.575.020 Calculations and Measurements. The pm3pose of this Section is to set forth
supplemental regulations which relate to methods for calculating and measuring certain
enumerated terms as used in this Title. The definitions of the terms are set forth at Section
26.104.100.
A. Floor Area. In measuring floor areas for floor area ratio and allowable floor area, the
following applies:
[codifier: no changes to subsections I-5]
Ordinance No. 55
Series of 2003.
Page2
6. Accessory Dwelling Units and Carriage Houses. An Accessory Dwelling Unit or Carriage
House shall be calculated and attributed to the allowable floor area for a parcel with the same
inclusions and exclusions for calculating Floor Area as defined in this Section, unless eligible
for an exemption as described below:
Detached and permanently affordable ADU or Carriage House Floor Area Exemption. One
Hundred (100) percent of the Floor Area of an ADU or Carriage House which is detached
from the primary residence and deed restricted as a "For Sale" affordable housing unit 'and
transferred to a qualified purchaser in accordance with the Aspen/Pitkin County Housing
Authority Guidelines, as amended, shall be excluded from the calculation of Floor Area, up
to a maximum exemption of 1,200 square feet.
7. Affordable Housing Bonus. The Floor Area Of a parcel containing a single-family or duplex
residence and a permanently affordable "For Sale" ADU or Carriage House located on the
same parcel which has been transferred to a qualified purchaser in accordance with the
Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be eligible for an
Affordable Housing Floor Area bonus equal to or lesser than fifty (50) percent of the Floor
Area of the associated ADU or Carriage House up to a maximum bonus of six-hundred (600)
square feet.
8. Linked Pavilion. Any element linking the principal structure to an accessory structure shall
not be included in the calculation of floor area provided that the linking structure is no more
than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in
excess often feet in length shall be counted in floor area.
Section 3:
Section 26.575.020(B), Methods of Measurement for Varying TYPes of Roofs, which section
describes the manner in which building heights are calculated, shall read as follows:
Building Heights.
Me&ods of Measurement for Varying Types of Roofs.
In the Commercial Core (CC); Commercial (C1), Commercial Lodge (CL),
Neighborhood Commercial (NC), and Service/Commercial/Industrial (SCI) Zone
Districts, the height of the building shall be the maximum distance measured vertically
fi'om the natural or finished grade, whichever is lower, to the top, ridge, or parapet of the
structure. For structures in all other zone districts, the height shall be measured as
follows:
a. Flat Roofs or Roofs Wi& a Slope of Less Than 3:12. The height of the building
shall be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a fiat, mansard, or other roof with a slope of
less than 3:12.
b. Roofs With a Slope From 3.'12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel or
Ordinance No. 55 Page 3
Series of 2003.
other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched roof
shall not extend over five feet above the maximum height limit.
c. Roofs Witfi a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to a point one-third (1/3) of the distance up from the eave point to the ridge.
There shall be no limit on the height of the ridge: Chimneys and other appurtenances
may extend up to a max!mum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents
or similar structures shall not extend over'ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2)feet above the ridge. Water towers, solar panels, and
mechanical equipment shall not extend over five (5) feet above the specified
maximum height limit. Church spires, bell towers and like architectural projections,
as well as flag poles, may extend over the specified maximum height limitl
2. Exceptions 'for Buildings on Slopes. The maximum height of a building's front (street facing)
facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lighrwells and Basement Stairwells. An areaway, lightxvell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind the
vertical plane established by the portion of the building facade which is closest to the street,
and enclosed on ali four sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
Section 4:
Section 26.575.020(E), Measurement of Demolition, which section describes the manner in
which demolition of a building is calculated and determined, shall read as follows:
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is
intended to be, or has been, demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing
the following:
1. The surface area of all existing (prior to commencing development) exterior xvall
assemblies above finished grade and all existing roof assemblies. Not counted in the
existing exterior surface area calculations shall be all existing fenestration (doors,
windows, skylights, etc.)
2. The exterior surface area, as described above, to be removed. Wall area or roof area
being removed to accommodate new or relocated fenestration shall be counted as exterior
surface area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
Ordinance No. 55 Page 4
Series of 2003.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in
addition to the necessary subsurface components for its structural integrity, including such items
as studs, joists, rafters, etc. If a portion of a wall or roof structural capacity is to be removed, the
associated exterior surface area shall be diagrammed as being removed. If a portion of a wall or
roof involuntarily collapses, regardless of the developer's intent, that portion shall be calculated
as removed. Recalculation may be necessary during the process of development and the Zoning
Officer may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated
or expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of demolition.
Sub-grade elements and interior wall elements, while potentially necessary for a building's
integrity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the
exterior to be removed shall be divided by the surface area of all portions of the exterior of the
existing structure and expressed as a percentage. The Zoning Officer shall use this percentage to
determine if the building is to be or has been demolished according to the definition of
Demolition, Section 26.104.100. If portions of the building involuntarily collapse, regardless of
the developer's intent, that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural capabilities of
the building prior to undertaking a remodel. Failure to properly understand the structural capacity
of elements intended to remain may result in an involuntary collapse of those portions and a
requirement to recalculate the extent of demolition. Landowner's intent or unforeseen
circumstances shall not affect the calculation of actual physical demolition. Additional
requirements or restrictions of this Title may result upon actual demolition.
Section 5:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion Of this Ordinance is for any
reason held invalid or unconstitutional in a court of c .om. petent jurisdiction, such portion shall
be deemed a separate, distinct and independent prowston and shall not affect the validity of
the remaining portions thereof.
Section 7:
A public hearing on the Ordinance shall be held on the 24th day of November, 2003, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
Ordinance No. 55 Page 5
Series of 2003.
to which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City
Council of the City of Aspen on the 27th day of October, 2003.
Attest:
Kathryn S. Koch. City Clerk
FINALLY. adopted, passed and approved this
Attest:
Helen K. Klanderud, Mayor
day of__. 2003.
Kathryn S. Koch, City Clerk
Approved as to form:
Helen K. Klanderud. Mayor
City Attorney
C:~home\infill Infill Demo Ord.doc
Ordinance No. 55
Series of 2003.
Page 6
Exhibit A
Definition of Demolition
Measurement of Roof Heights
Affordable Housing FAR Bonus
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendment amends the definition of "demolition" making the
threshold between remodel and demolition occur with more of the original building
intact. No conflict exists with other provisions of the land use code. The measurement of
roof height and a bonus Floor Area provision do not represent conflicts with other
provisions of the land use code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the land use code are supported by the AACP.
Strengthening the definition of demolition changing the manner in which commercial and
mixed-use buildings are measured and providing and incentive for affordable housing are
consistent with goals and policies of the AACP.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses considering bxisting and use and
netghborhood characteristics,
Staff Finding:
This amendment affects all properties in town and is not specific to a certain property.
Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety.
Staff Finding:
The proposed amendments is not expected to affect traffic patterns or road safety. Staff
believes this criterion is met.
Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to. transportation facilities.
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
staff comments - Demolition Definition ADU FAR Bonus / Roof Height. page 1
Staff Finding:
The proposed amendments affects the manner in which development activities are
measured and calculated. No affect on permitted density or other aspects that affect
infrastructure are expected. Staff believes this criterion is met.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural enwron ment.
Staff Finding:
The policies affecting the manner in which development activity is measured and
calculated is not expected to have an effect on the natural environmem.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a "critical mass" of residents and an interspersed social layering.
Encouraging the deed restriction of Accessory Dwelling Units and Carriage Houses to
permanent affordable status promotes this goal. The changes to the manner in which roof
heights are measured and the mam~er in which demolition is measured are in response to
community concerns about height and "remodel" projects appearing as total demolitions.
Staff believes this criterion is met.
H. Whether there have been changed conclitions affecting the subject
parcel or the surrounding neighl~orhood which support the
proposed amendment.
Staff Finding:
The proposed amendment is not specific to one parcel.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for integrated affordable housing opportunities within
established neighborhoods. Staff believes this Ordinance will promote the purpose and
intent of this Title. This Ordinance promotes the permanent community by emphasizing
on-s~te employee housing opportunities for working residents and reducing the
dependence on the automobile by providing housing near employment and recreation
centers. Reducing long-distance commuter trips represents a good enviroranental policy
and providing incentives for high quality living units promotes healthy living conditions.
The changes to the manner in which demolition and roof heights are measures is
consistent with the public interest and is in harmony with the purpose and intern of the
land use code.
staff comments - Demolition Definition / ADU FAR Bonus / Roof Height. page 2
TO:
THRU:
FROM:
RE:
DATE:
MEMORANDUM
Mayor Klanderud and Aspen City Council
John Worcester, City Attorney /Q,
Julie Ann Woods, Community Development Director
Chris Bendon, Senior Long Range Planner (1~
City of Aspen Resident Multi-Family Housing Replacement Program
Second Reading of Ordinance No. 51, Series of 2003
November 24, 2003
SUMMARY:
The proposed ordinance amends the replacement requirements for multi-family
housing. The Plam~ing and Zoning Commission reviewed the provisions in detail
when working on the Infill Code Amendments and believes the City should no longer
focus on the demolition/reconstruction process but rather the product that is being
developed. This comes after several "remodeling" projects in xvhich the resulting
product is essentially a new building with no public goals being achieved through the
partial retention of the previous building.
Staff has reviewed several recent projects and believes a developer's decision to
maintain the unit/bedroom mix or change the mix is based on the market demand for
those units and the condition of the building. In certain cases, it is most profitable to
change the unit/bedroom mix and provide the required affordable housing. In other
cases, it appears the existing unit/bedroom mix is the preferred program and the
developer retains portions of the original building to satisfy the City's ordinance.
City Council reviewed this proposal during InfilI work sessions and most recently on
October 27th as an ordinance. City Council was interested in hearing the
"Demolition" definition changes (proposed ordinance No. 55) prior to reviewing this
issue of replacement requirements further.
Depending upon the manner in which City Council wants to proceed on this
ordinance, staff may be able to provide amendments during the hearing or may need
to re~wite sections for future consideration
Staff recommends adoption of Ordinance No. 51, Series of 2003.
DISCUSSION:
This re-write permits the total demolition and replacement of multi-family buildings
as long as the same number of units and bedrooms remain (and in the same
configuration - each one-bedroom replaced with a one-bedroom each two bedroom
with a bvo bedroom, etc.). Affordable housing mitigation requirements will only be
implemented if the same number of units and bedrooms is not replaced.
The proposed ordinance focuses on the ends and not the means. Maintaining existing
density and unit type is permitted' regardless of the building being ~remodeled" or
"demolished" and replaced. The existing ordinance requires certain portions of the
building remain and does not result in an increase in affordable housing.
After reviewing several recent redevelopment projects, it is evident that developers
choose to either maintain the existing unit mix and "remodel" the units or they choose
another unit mix and comply with the affordable housing replacement requirements.
Staff believes this will continue to be the case and that the only notable difference is
that developers wanting to maintain the unit mix will not have to preserve portions of
the building.
Replacement with a limit on unit size increases. Ci{y Council may be interested in
permitting 100% replacement with a limitation on the size (FAR) increase of each
unit. A maximum unit size increase of 30% was mentioned at the previous meeting.
This would permit a small unit, say a 500 square-foot unit, to increase to 650 square
feet - still a relatively small unit by today's standards. Staff supports this concept as
many older buildings were developed with small units and below the allowable FAR.
Staff would also suggest using the minimum unit sizes specified in the Affordable
Housing Guidelines. This would permit very small units to expand to the minimmus
specified in the Guidelines, regardless of the 30% expansion limitation. The
Guidelines specify a range of minimum unit sizes according to the Category
designation, as follows:
Unit Type
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Categories I & 2 Categories 3 & 4 Categories 5 & 6 Ca,gory7
400 500 600 700
600 700 800 900
850 950 1,000 1,100
1,000 1,200 1,300 1,400
Because the minimum sizes vary by Category in the Guidelines, the ordinance would
need to be specific.
Replacement for "Locally-Serving" units. City Council may be interested in
permitting 100% replacement for projects serving a local housing need. Local
developers and real estate agents have suggested that upgraded multi-family units,
even though they remain free-market, can serve a local housing demand. Defining
and administering this "locally-serving" idea may be difficult, but staff will research
this idea if Council is interested.
2
EXAMPLES OF APPLYING POLICY:
City Council requested staff present a few examples of how this new policy would
have affected past projects.
Paragon Building.
· This building on the Hyman Avenue mall was recently redeveloped. The second and
third floors of the building contained twelve apartments. In 1999, the building owner
redeveloped each of the two residential floors into two large units. The Housing
Replacement ordinance required the provision of six affordable bedrooms. City
Council permitted the replacement housing to be located off-site at the Marthinsson-
Nostdahl condominiums. This housing was acquired in partnership with the
Aspen/Pitkin County Housing Authority.
Applying the proposed ordinance to this project results in the same affordable housing
requirement. The developer's options then are identical to those currently proposed.
The developer chose to not replace the existing unit mix, developing two very large
units instead. If the developer chose to replace the unit/bedroom mix, the process
would have been the same.
Day Subdivision (East Durant Avenue):
This development involved the demolition of a building containing 24 bedrooms
configured as 20 studio apartments and 1 four-bedroom apartment. The property was
redeveloped with a different unit mix and the developer provided 14 affordable
bedrooms- exceeding the City's requirements. Redevelopment credits were used to
develop 4 four-bedroom townhomes along the river.
If this new policy were in place at the time of this development, the same options
would be available to the developer - either maintain the unit mix or change the unit
mix and provide affordable housingl
Pines Lodge (Durant Avenue & South ASPen Street):
This project contains the same unit and bedroom mix as prior to redevelopment. The
building was "remodeled" by retaining certain portions of the existing building and
therefore retained its free-market status. Those preserved portions of the building
now appear identical to the new sections. The original building did contain a few
illegal units for which the City does not require replacement.
Under the proposed ordinance, the developer would have the same redevelopment
options - replicate the unit/bedroom mix or change the mix and provide affordable
housing. The difference would be in the method of construction if the unit/bedroom
mix was maintained - with no concern for the remodel/demolition threshold.
Staff does not believe the project would be substantively different than the current
project if this proposed ordinance were effective at the time.
Galena Lofts (434 West Main)
This project, developed by Greg Hills, maintained certain portions of the building and
a "remodel" status. The units maintained a free-market status. Substantial effort
went into maintaining portions of the building, although it is impossible to decipher
which sections are original and which are new.
Under the proposed ordinance, the developer would have had the same redevelopment
options - maintain the unit/bedroom mix or change the mix and provide affordable
housing. Staff does not believe the project would be different with the proposed
ordinm~ce, only that the original building would have been first demolished and then
redeveloped.
STAFF RECOMMENDATION:
Staff recommends adoption of Ordinance No.51, Series of 2003.
CITY MANAGER'S COMMENTS:
/ 0
RECOMMENDED MOTION:
"I move to approve Ordinance No. 5 I, Series of 2003."
ATTACHMENTS:
A - Staff Comments
ORDINANCE NO. 51
(SERIES OF 2003)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING
AMENDMENTS TO THE RESIDENT MULTI-FAMILY HOUSING REPLACEMENT
PROGRAM, CHAPTER 26.530 OF THE CITY OF ASPEN LAND USE CODE OF THE
CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Aspen directed the Director of the Community Development Department to propose amendments
to the Land Use Code related to the Infill Report, a report developed by a city-commissioned
advisory group, the Infili Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Prograzn is to implement many of the action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report
coImnissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report
produced by the Infill Advisory Group in January, 2002), and the Recommendations of the
Economic Sustainability Committee (a joint project between the City of Aspen, the Aspen
Chamber Resort Association, and the Aspen Institute Community Forum concluded in
September, 2002) that call for:
· intensification of land uses within the traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped areas
surrounding the city.
· revisions to, or elimination of, identified barriers to successfUl infill development, such as
the costs of development exactions, growth management penalties for redeveloping
buildings, and the length and uncertainty of approval processes.
· balance between the community and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
· The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
VgHEREAS, the amendments requested relate to Chapter 26.530, Resident Multi-Family
Housing Replacement Program, of the Land Use Code; Title 26 of the Aspen Municipal Code;
and,
WHEREAS, pursua~nt to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
Ordinance No. 51 Page 1
Series of 2003.
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Cormnission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to September 24, 2002, continued to October
1, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17, 2002, took and considered public testimony
at each of the aforementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote. City Council adopt the
proposed amendments to the land use code by amending the text of the above noted Chapters and
Sections of the Land Use Code, as described herein: and.
WHEREAS. the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development Director.
the Planning and Zoning Commission. and has taken and considered public commem at a public
hearing: and.
WHEREAS. the City Council finds that the proposed text amendments to the Land Use
Code meets or exceeds all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Community Plan' and.
WHEREAS. the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.530, Resident Multi-Family Housing Replacement Program, which Chapter shall
regulate the redevelopment of multi-family buildings, shall read as follows:
Chapter 26.530
RESIDENT MULTI-FAMILY REPLACEMENT PROGRAM
Sections:
26.530.010 Purpose and intent.
26.530.020 Application of Title.
26.530.030 Certificate of compliance/exemption.
26.530.040 Housing replacement requirements.
Ordinance No. 51
Series of 2003.
Page 2
26.530.050 Resale restrictions.
26.530.060 Enforcement.
26.530.070 Appeals
26.530.010 Purpose and Intent.
The City of Aspen's neighborhoods have traditionally been comprised of a mix of housing types,
including those affordable by its working residents. However, because of Aspen's attractiveness
as a resort environment, and because of the physical constraints of the upper Roaring Fork
Valley, there is constam pressure for the redevelopment of dwellings currently providing resident
housing for tourist and second home use. Such redevelopmem results in the displacement of
individuals and families ~vho are an integral part of the Aspen work force. Given the extremely
high cost of and demand for market-rate housing, resident housing opportunities for displaced
working residents, which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will serve
to promote a socially and economically balanced community, limit the number of individuals
who face a long and sometimes dangerous commute on State Highway 82, reduce the air
pollution effects of commuting and prevent exclusion of working residents from the city's
neighborhoods.
In the Aspen Area Community Plan the city has established a goal that affordable housing for
working residents be provided by both the public and private sectors. The city, through its
housing designee, has provided affordable housing both within and adjacent to the city limits.
The private sector has also provided affordable housing through the GMQS process.
Nevertheless, as a result of the replacement of resident housing with second homes and tourist
accommodations, and the steady increase in the size of the workforce required to assure the
continued viability of Aspen area businesses and Aspen's tourist based economy, the city has
found it necessary, in concert with other regulations, to adopt limitations on the demolition of
existing multi-family housing in order to minimize the displacement of working residents, to
~nsure that the private sector maintains its role in the provision of resident housing, and to
prevent a housing shortfall from occurring.
26.530.020 Application of Chapter.
This Chapter shall apply to the demolition of any resident multi-family housing ("RMF
housing"), as defined herein, in the City of Aspen, excluding any parcel consolidated as a
Specially Planned Area (SPA).
For the purposes of this Chapter, demolition of a RMF Housing Unit shall include any
development action which constitutes Demolition, as defined, and also any action which
penetrates demising walls or floors between RMF Housing Units or which converts a RMF Unit
to a non-residential use, independent of xvhether or not such action is undertalcen to combine or
rebuild the units or for any other purpose.
Ordinance No. 51 Page 3
Series of 2003.
No owner shall cause the demolition of any RMF housing unit without first obtaining a
certificate of compliance or a certificate of exemption in accordance with the provisions of this
Chapter. The Community Development Department shall not issue a permit for the demolition of
any multi-family dwelling unit unless the owner has obtained either a certificate of compliance or
a certificate of exemption issued in accordance with this Chapter. A certificate of compliance or
a certificate of exemption shall only be issued by the Conununity Development Director if the
applicant has complied with the'provisions of this Chapter.
Any RMF housing unit which is ordered to be demolished by any public agency, including/he
city, as a result of damage caused by civil commotion or natural disaster shall not be subject to
the terms of this Chapter. The City Council, at their discretion, may exempt non-profit agencies
or organizations from the provisions of this Chapter.
26.530.030 Certificate of compliance/exemption.
Any applicant, prior to applying for a building permit from the Community Development
Department for the purpose of demolishing any multi-family dwelling unit, must first obtain a
certificate of complim~ce or a certificate of exemption from the requirements of this Chapter.
A. Certificate of Compliance. In order to obtain a certificate of compliance, the owner shall:
1. Submit to the Community Development Director a statement, certified by the City
of Aspen Zoning Officer, declaring the number of RMF housing units, bedrooms, and the
net residential area to be affected by demolition.
2. Where required, secure necessary land use approvals and development orders for
the project to be developed on the site of the demolished building or on such other
location as may be approved.
3. Execute a housing replacement agreement with the City of Aspen setting forth the
terms and conditions upon which any replacement housing required by this Chapter shall
be developed, which agreement shall be in a form acceptable to the City Attorney. The
agreement shall burden the property and be recorded in the records of the Clerk and
Recorder of Pitkin County. The obligation to provide replacement housing as set forth in
the agreement shall be secured by a bond, letter of credit, or other security acceptable to
the City.
Certificate of exemption. In order to obtain a certificate of exemption,/he owner must
submit a statement certifying that the dwelling unit(s) is exempt from the provisions of
this Section, the basis upon which exemption is claimed; and such additional
documentation as may be required by the Community Development Director in order to
establish the exemption. If the Community Development Director is satisfied/hat the
dwelling unit is exempt from the provisions of this Title, a certificate of exemption shall
be issued.
Ordinance No. 51 Page 4
Series of 2003.
Procedure. A Certificate of Compliance or ~Certificate of ExemPtion shall be obtained
prior to the submission of a building permit.
Form of Certificate. A Certificate of Compliance or Exemption shall be in a form
approved by the Community Development Director. The Certificate shall constitute a
Development Order issued pursuant to Section 26.304.070, Development Orders.
26.530.040 Housing Replacement Requirements.
Ao
One-Hundred Percent Replacement. In the event of the demolition of free-market
resident multi-family housing, the owner shall have the option to construct replacement
housing consisting of no less than one-hundred (i 00) percent of the nUmber of units and
une-hundmd (I00) percent of the number of bedrooms demolished. The units shall be
replaced with like-type units (i.e. each one-bedroom unit is replaced with a one-bedroom
unit, each t~vo-bedroom unit is replaced with a two-bedroom unit, etc.). Studio units may
be replaced with either studio or one-bedroom units. When this one-hundred (100)
percent standard is accomplished, the replacement housing shall not be required to be
deed restricted as affordable housing.
In the event of the demolition of resident multi-family housing deed restricted as
affordable housing, the owner shall be required to construct replacement housing
consisting of no less than one-hundred (100) percent of the nUmber of units and one-
hundred (100) percent of the number of bedrooms, and one-hundred (100) percent of the
square footage of net regidential area demolished. The replacement housing shall be deed
restricted as affordable housing in a like mamaer as prior to demolition and in accordance
with the requirements of the AsperdPitkin County Housing Authority.
Fifty Percent Replacement. In the event of the demolition of free-market resident multi-
family housing and replacement of less than one-hundred (!00) percent of the number of
previous units and bedrooms as described above, the owner shall be required to construct
replacement housing consisting of no less than fifty (50) percent of the nUmber of units,
fifty (50) percent of the nUmber of bedrooms, and fifty (50) percent of the square footage
of net residential area demolished. The replacement housing meeting this requirement
shall be deed restricted as affordable housing in accordance with the requirements of
section 26.530.050, Resale Restrictions(below). The remaining units replaced on-site
shall not be required to be deed restricted as affordable housing.
C. Location of Replacement Housing. Multi-family replacement units shall be developed
on the same site on which demolition has occurred, unless the owner shall demonstrate
and the City Council determines that replacement of the units on-site would be
incompatible with adopted neighborhood plans or would be an inappropriate planning
solution due to the site's physical constraints. When either of the above circumstances
result, the owner shall replace the maximum nUmber of units on-site which the City
Ordinance No. 51 Page 5
Series of 2003.
Council determines that the site can accommodate and may replace the remaining units
off-site, at a location determined acceptable to City Council. When replacement units are
proposed to be built off-site, the owner shall be required to obtain a development order
approving the off-site development prior to issuance of a Certificate of Compliance for
the original parcel.
Replacement units may be redeveloped on a separate parcel which is part of a multi-
parcel Planned Unit Development that includes the original parcel. In this case, the
location of redevelopment units, both free-market and affordable, shall be determined by
the City through adoption of a Final PUD Plan, pursuant to Chapter 26.445.
Cash-in-Lieu Payment. When the owner's affordable housing replacement requirement
of this section involves a fraction of a unit, cash in lieu may be provided to meet the
fractional requirement only. The amount of a cash-in-lieu shall be determined by the
Aspen/Pitkin County Housing Authority according to the applicable Affordable Housing
Guidelines.
Timing and Quality of Replacement Units. Any replacement units required to be deed
restricted as affordable housing shall be issued a Certificate of Occupancy, according to
the Building Department, and be available for occupancy at the same time as, or prior to,
any redeveloped free-market units, regardless of whether the replacement units are built
on-site or off-site. Replacement units required to be deed restricted as affordable housing
shall contain fixtures, finish, and amenities required by the Affordable Housing
Guidelines of the AsperffPitkin County Housing Authority.
Growth Management Replacement Credits. The existing number of free-market
residential units, prior to demolition, may be replaced exempt from growth management.
The redevelopment credits shall not be transferable separate from the property unless
permitted as described above in subparagraph C. Free-market residential units in excess
of those originally on the parcel shall be subject to growth management, Chapter 26.470.
The affordable residential units required to be developed shall be exempt from growth
management, provided the units conform to the requirements of this Chapter. Additional
affordable dwelling units shall be subject to growth management, Chapter 26.470.
26.530.050 Resale/Rental Restrictions.
Replacement units required to be deed restricted as affordable housing shall be "for-sale units"
and shall be deed restricted in a form and substance consistent with the Affordable Housing
Guidelines established by the Aspen/Pitkin County Housing Authority. Such deed-restricted
units may only be-sold in compliance with the cra'rent Affordable Housing Guidelines established
by the AsperffPitkin County Housing Authority. The owner may be entitled to select purchasers,
subject to the aforementioned qualifications, with approval from the AsperffPitkin County
Housing Authority.
Ordinance No. 51
Series of 2003.
Page 6
Replacement units required to be deed restricted as affordable housing shall be allowed to be
rental units if a legal instrument, in a form acceptable to the City Attorney, shall guarantee their
permanent affordability in accordance with the Aspen/Pitkin County Affordable Housing
Guidelines. No resale or rental restrictions shall apply to free-market replacement units.
26.530.060 Enforcement.
Any person who violates any provision of this Chapter including violation of any provision of a
deed restriction executed for the benefit of the City of Aspen or the Aspen/Pitkin County
Housing Authority shall be liable to the criminal and/or civil penalties and remedies set forth at
Section 26.104.040.
26.530.070 ApPeals.
An applicant aggrieved by a decision of the Community Development Director in the
administration of this Section may appeal such decision to the Aspen City Council in accordance
with the appeal procedures set forth at Chapter 26.316. An applicant aggrieved by a
determination made by the City Council, pursuant to this Section, may appeal tire decision to a
court of competent jurisdiction.
Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clanse, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 4:
A public hearing on the Ordinance shall be held on the 27th day of October, 2003, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Ordinance No. 51 Page 7
Series of 2003.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of October. 2003.
Attest:
Kathryn S. Koch. City Clerk
Helen K. Klanderud. Mayor
FINALLY. adopted, passed and approved this
Attest:
day of ,2003.
Kathryn S. Koch. City Clerk
Approved as to form:
Helen K. Klanderud. Mayor
City Attorney
Ordinance No. 51 Page 8
Series of 2003.
Exhibit A
Multi-Family Replacement
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendment amends the requirements of the replacement program
permitting the total reconstruction of multizfamily housing projects without affordable
housing requirements. No aspect of the proposed code amendment is in conflict with
other portions of the Municipal Code.
El. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the replacement program are supported by the AACP.
There are many references to maintaining the local workforce and a social balance of
affordable housing opportunities within the community. Staff believes that permitting the
replacement of aging structures is consistent with the AACP.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics.
Staff Finding:
This amendment affects all properties in which a multi-family building is currently
developed or could be legally established. The amendment is not specific to a certa/n
property. Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety.
Staff Finding:
The proposed amendments permit the replacement of density. Additional density requires
additional review and consideration of this issue. Staff believes this criterion is met.
Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
staff comments - Replacement housing, page 1
Staff Findint:
The proposed amendments permit the replacement of density. Additional density requires
additional review and consideration of infrastructure capabilities. Staff believes this
criterion is met.
F. Whether and the extent to which the proposed amendmeht would
result in s~gnificant adverse im pacts on the natural environment.
Staff Finding:
A policy of permitting replacement of existing development is not expected to have an
effect on the natural environment.
Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen.
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan. is a "critical mass" of residents and an interspersed social layering.
Permitting the replacement of multi-family structures is consistent with the community
character.
H. Whether thero have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment.
Staff Finding:
The proposed amendment is not specific to one parcel.
I. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
title.
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for integrated affordable housing opportunities within
established neighborhoods. Staff believes this Ordinance will promote the purpose and
intent of this Title. This Ordinance promotes the permanent community by emphasizing
on-site employee housing opportunities for working residents and reducing the
dependence on the automobile by providing housing near employment and recreation
centers. Reducing long-distance commuter trips represents a good environmental policy
and providing incentives for high quality living units promotes healthy living conditions.
staff comments -Replacement housing, page 2
FIRST AMENDED AND RESTATED AGREEMENT
CITY OF ASPEN AND ACRA
RE: TOURISM PROMOTION FUND
THIS AGREEMENT is effective this day of November, 2003, by and bet~veen the
CITY OF ASPEN (the "City") and the ASPEN CHAMBER RESORT ASSOCIATION ("ACRA"),
RECITALS
1. The City and ACRA entered into that certain Agreement dated February 27, 2001,
and the parties hereto desire to amend said agreement.
2. The City Council has adopted Ordinance No. 45, Series of 2000, which imposes a
1.0% visitor benefits tax on condition that the voters of the City of Aspen approve the
aforementioned ballot question at the November 7, 2000 municipal election, which the voters did
approve.
3. Ordinance No. 45, Series of 2000, requires the City Council to appropriate 50% of
all revenues generated by the tax for marketing and promotional efforts for the City's tourism
industry.
4. The City desires to contract with an organization capable of performing the
marketing and promotional efforts contemplated by said ordinance.
5. The Aspen Chamber Resort Association desires to contract with the City to receive
funds appropriated by the City Council for tourism promotion activities and to thereafter perform
such tourism promotion activities on behalf of the City of Aspen.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties
agree as follows:
1. Intent oftheparties. The parties to this Agreement agree that the following sets
forth their intent in entering into this agreement and the principles set forth below shall help guide
all future interpretations of this Agreement and the parties continuing relationship with respect to
the expenditure of tourism promotion funds of the City of Aspen.
a. The parties acknowledge that the City shall use funds generated by the
visitor benefits tax imposed by Ordinance No. 45, Series of 2000, to meet its
financial obligations pursuant to this Agreement. Accordingly, the parties
acknowledge that the purpose, limitations, and administrative requirements of such
funds as set forth in said ordinance shall apply to this Agreement.
b. The parties intend to enter into a continuing relationship for multi-year
planning and implementation of tourism promotion activities as set forth herein.
c. The parties acknowledge that the purpose of the 1% visitor benefits tax is to,
inter alia, to generate sufficient funds primarily for new (i.e. developed since
February 27, 2001, strategies and activities) for planning and delivering tourism
promotion activities on behalf of the City of Aspen. Accordingly, the marketing plan
and budget contemplated b y t his Agreement s hall b e p rimarily for new strategies
and activities not currently funded by the City, ACRA or other third parties.
Scope of Services and Marketing Program.
a. During the City's annual budget review and adoption procedures, ACRA
shall recommend a marketing plan and budget for the City's forthcoming calendar
year.
b. The marketing plan and budget shall include the following:
1. planning and implementing the advertisement, promotion, and
development of tourism in the City of Aspen;
2. tourism advertising, written and graphic materials, and cooperative
and matching promotional materials;
3. gathering and disseminating information on the tourist industries and
attractions of the City of Aspen;
4. purchasing such equipment, materials, and supplies as shall be
necessary, to be used solely for tourist promotion;
5. contracting for those services and materials as may be incidental,
necessary, and appropriate to the accomplishment of the purposes of
the fund, including but not limited to, administrative, secretarial,
clerical, or professional services deemed necessary;
6. promoting conferences, conventions, and meetings of a commercial,
cultural, educational, or social nature to the City of Aspen;
7. promoting sporting events and social and cultural events sponsored
by non-profit organizations;
8. defraying administrative and clerical costs of collecting and
administering the tax, provided such expenses do not exceed the
actual costs of such administrative and clerical costs.
c. The marketing services shall be generally primarily for new (i.e. developed
since February 27, 2001 strategies and activities), and ACRA shall not defray costs
of existing programs, special events and marketing efforts including airport host
program, visitor center support among others with funds from the marketing fund.
Marketing funds may be used to enhance or promote existing tourism promotion
programs and special events.
d. The general nature and content of advertising paid for by the marketing fund
shall follow these guidelines: the purpose of advertising and promotion shall be to
enhance the year-round economy and public welfare of the City as a whole;
advertising and promotional efforts shall avoid undue emphasis upon any particular
commercial activity or enterprise that might be construed to create a competitive
disadvantage to other similar commercial enterprises; and there shall be no
advertising or promotion that is misleading or deceptive and therefore opposed to
the public interest or prejudicial to the interests of the City.
e. ACRA shall be solely responsible for planning and implementation of
specific details of the marketing program and may include the lodging community in
such planning. ACRA shall monitor the program and ensure conformance to its
budget. At least 70 per cent of the funds are to be expended on program costs, rather
than on support or staff. ACRA shall not use fund proceeds for its existing
operational costs, for expenses not directly attributable to the purposes of this
Agreement, or expenses not identified in its annual marketing plan and budget as
approved by the City Council.
f. The ACRA and the Aspen Lodging Association shall meet at least annually
before September 1 of each calendar year to review a tourism promotion plan and
budget for the City's following fiscal year prior to presentation to the City Council.
3. Term. The term of this Agreement shall be from January 1, 2004, through December
31, 2006. This Agreement may be terminated by either party as set forth at Section 7, below.
4. Reporting and Budgeting. ACRA shall submit a detailed marketing program and
expense budget for inclusion in City's budget packets, along with a review of the previous year's
program. The City Manager shall provide budget recommendations, including an estimate of
prospective tax proceeds, general fund contributions, prior year carry-forward balance, and interest
income. The marketing fund shall be eliminated from the City's Grant Panel Review process in that
it is its own separate fund. The ACRA is allowed and encouraged to attend and advise the City
Council at all such meetings where the marketing program and budget is discussed. The City shall
not unreasonably restrict, reallocate, or change the marketing program and budget as submitted by
the ACRA. ACRA shall provide annual reports to the City on the fund and expenditures from it.
5. Accounting. The City shall pay over to ACRA the marketing funds raised by the tax
on a monthly basis. ACRA shall be responsible for paying its vendors, suppliers, subcontractors,
staff, and the like. ACRA shall maintain the tax fund receipts in a separate and interest-bearing
bank account from its general funds. The City may inspect ACRA's records upon reasonable notice.
All marketing funds accrued during the life of this Agreement shall be paid over to ACRA,
although ACRA shall account for and refund any funds not expended for the purposes set forth in
this Agreement.
6. Equal Access. Any and all businesses within the City shall be permitted equal access
and opportunity to participate in cooperative advertising efforts and package promotions
specifically related to and supported by the use of the marketing funds referenced in this
Agreement, whether or not the business is a member of the ACRA or the Aspen Lodging
Association. That is, to the maximum extent possible, ACRA shall make a distinction between
member service and other existing programs supported by membership dues, and new programs
supported by the City by this Agreement, and as to the latter, not discriminate based on
membership in the organizations.
7. Termination. Either party may terminate this agreement effective on December 31,
2004, or December 31, 2005; provided, however, that written notice is delivered to the other party
no later than September 30 of the year preceding the calendar year that termination is to become
effective.
8. Other Restrictions and Provisions.
a. The City shall not unreasonably withhold or redirect funds from the
marketing funds raised by the visitor benefits tax that are to be handled by the ACRA. These are
intended to be additional funds for marketing, and the intent is that the City will continue its
existing funding (for the visitors center, etc.) as a floor, and not lessen those so that the marketing
funds from the tax are not absorbed into existing ACRA/City programs.
b. The marketing funds shall not be used for city capital projects such as the
construction of visitor information centers or other tourist amenities.
c. The City Council shall not, without prior consultation with ACRA, change
the agent assigned to manage the tourism marketing funds. Nor shall the City change that agent
without some sort of cause and explanation, and it shall consult with the ACRA as to any new fund
manager.
d. ACRA shall not use any of the marketing fund for providing direct
reservation services.
e. ACRA shall not use fired proceeds to influence the outcome of any election.
9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, representatives, successors and assigns and to any
person into or with which any party hereto may merge, consolidate, or reorganize.
10. Acknowledgments. The parties declare that they have read and understand the terms
of this Agreement, that they have had an opport~ity to be represented by counsel with regard to
the execution of this Agreement, and that they execute this Agreement voluntarily and without
being pressured or influenced by any statement or representation made by any person acting on
behalf of any one else.
11. Indemnification. ACRA agrees to indemnify and hold harmless the City, its officers,
employees, insurers, from and against all liability, claims and demands on account of injury, loss,
or damage, arising out of or in any manner connected with this Agreement, if such injury, loss, or
damage is caused in whole or in part, or is claimed to be caused in whole or in part by, the act,
omission, error, mistake, negligence, or other fault of ACRA, employee, representative, or agent.
ACRA agrees to investigate, handle, respond to, and to provide a defense for and defend against
any such liability, claims or demands at the sole expense of ACRA, or at the option of the City,
ACRA agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims or demands. If it is determined by the final judgment of
a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by
the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse
ACRA for the portion of the judgment attributable to such act, omission, or other fault of the City,
its officers, or employees. If any lawsuit challenges the City's authority to impose the visitor
benefits tax, the City shall be primarily responsible for the defense of the suit.
12. No Warranties. Except as expressly set forth in this Agreement, the parties have not
made and make no other representations, warranties, statements, promises or agreements to each
other.
13. Entire Agreement. The parties agree that this Agreement represents the entire
agreement and supersedes all prior agreements between and among them with regard to the subject
matter set forth herein, and may not be amended nor may any condition contained herein be waived
except by written instrument signed by all parties
14. Notices. Notices hereunder shall be sent to the City Manager and the City Attorney
at 130 S. Galena Street, Aspen CO 81611; to ACRA at Aspen Chamber Resort Association, 425
Rio Grande Place, Aspen CO 81611; andto Oates, Knezevich & Gardenswartz, P.C., 533 East
Hopkins Avenue, Aspen CO 81611.
15. Counterpart Signatures. This document may be executed in counterpart original
copies, with the original signatures on separate pages to be collated together on one original form
of the agreement.
Attest:
CITY OF ASPEN, a municipal corporation
By: Helen Kalin Klanderud, Mayor
Clerk
Attest:
By Hana Pevny, ~side~t --
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