HomeMy WebLinkAboutagenda.council.regular.19990111 CITY COUNCIL AGENDA
January 11, 1999
5:00 P.M.
ANNUAL MEETING - Aspen Public Facilities
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Commendation of Sam Garton
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
VI. Consent Calendar (These matters may be adopted together by a sinhie motion) ~
a) Resolution #1, 1999 - Posting Notices of Public Meetings
b) Resolution #2, 1999 - 1999 1/2 Cent Sales & Use Tax Budget
c) Resolution #3, 1999 - Contract - Ajax Electric - Lighting Remodel Yellow Brick
d) Resolution ~,~,, 1999 - Contract Power Motive Corporation Pothole Patcher
e) Minutes - December 14, 1998
VII. Public Hearings
b) Ordinance #53, 1998 - / A
VIII. Action Items
IX. Information Items
a) Discontinuation of Fireplace Fees
X. Adjournment
Next RegulaE Meeting January 25. 1999
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
MEMORANDUM
TO: Mayor and Council ~/
THROUGH: Amy Margerum, City Manage
FROM: Kathryn Koch, City Clerk
DATE: January 5, 1999
RE: Annual Meeting of Aspen Public Facilities Authority
SUMMARY: The articles of incorporation of the Aspen Public Facilities Authority state that
the annual meeting shall be held on the second Monday in January.
BACKGROUND: The Aspen Public Facilities Authority is a "non-profit corporation and an
instrumentality of the City of Aspen for certain limited purposes."
The Board of Directors of the Authority are the members of the City Council, the City
Finance Director and the City Clerk. The officers are:
President John Bennett
Vice-President Rachel Richards
Secretary. Kathryn Koch
Treasurer Tabatha Miller
The Authority was formed to assist in financing the construction of the Parking Facility.
The Authority initiaIfy leased the ground for the Parking Facility from the City, owned the
facility and leased the ground and facility back to the City. All of the Authority's interest in
the Parking Facility leases and subleases related to the Parking Facility have been
assigned to a Trustee.
In ;1995, the Authority passed two resolutions; one which allowed the re~nancing of the
parking garage bonds, and one which entered into a similar lease arrangement for Cozy
Point.
PROBLEM DISCUSSION: The Ground Lease requires that the Authority "maintain its
corporate existence, ...will not dissolve or otherwise dispose of all or substantially all of its
assets and will not consolidate with or merge into another corporation..." during the term
of the ground lease.
The Bylaws of the Authority require that an annual meeting be held on the second
Monday of January at 5:00 p.m. at the regular meeting place of the corporation. The
Bylaws state the following order of business for regular meetings:
1. Roll call
2. Reading and approval of the minutes of the previous meeting (minutes of January
12, 1998 attached)
3. Bills and communications
4. Report of the President
5. Unfinished business
6. New business
7. Adjournment
There are no bills or communications of which staff is aware. Also, staff is aware of no
unfinished business nor any new business.
RECOMMENDATION: Staff recommends that Council hold the annual meeting of the
Aspen Public Facilities Authority on January 11, 1999 at 5:00 p,m. in order to meet the
requirements of the Bylaws of the Authority. The agenda for this meeting should be as
outlined above.
CITY MANAGER COMMENTS:
asppubfac
Aspen City Council Regular Meeting January 12, 1998
ASPEN PUBI,IC FACII ITrF. S
John Bennett, president, called the annual meeting of the Aspen Public facilities
to order with members Terry Paulson, Jim Markalunas, Jake Vickery, Kathryn
Koch and Tabatha Miller present.
Councilman Paulson moved to approve the minutes of January 13, 1997;
seconded by Councilman Paulson. All in favor, motion carried.
There was no new business before the organization.
Councilman Markalunas moved to adjourn the public facilities at 5:10 p.m.;
seconded by Councilman Paulson. All in favor, motion carried.
Ka~nS~ Koch, City Clerk
Mayor Bennett called the Council meeting to order at 5:10 p.m. with
Councilmembers Vickery, Markalunas and Paulson present.
CITIZEN COMMENTS
There were none.
COUNCIl ,M'EMBER COMMENTS
1. Councilman Vickery extended sympathy to the friends and family of Robin
Molny. Molny contributed a lot to Aspen over the last 30 years.
2. Councilman Markalunas commended staff for the article in the paper and
for the idea behind the way to get home in an emergency if an employee has
ridden the bus to town.
MEMORANDUM
TO: Mayor and City Council
FROM: Kathryn Koch, City Clerk ~f/
THRU: Amy Margerum, City Manager
DATE: January 5, 1999
RE: Resolution Designating the Public Place for the Posting of Notices of Public
Meetings
Pursuant to 1991 legislative amendments to the Colorado Open Meeting Law as Section
24-6-402(2)(c), City Council is to annually designate at its first meeting for each calendar year
a public place for the posting of notices for meeting. By properly designating a place for
posting meeting notices, a public entity will be deemed to have given full and timely notice of
any meeting so long as notice thereof was posted as the designated place at least twenty-four
hours in advance thereof. Posting notices as the designated place will also suffice for
municipal boards and commissions.
Attached is Resolution #1, Series of 1999, which identifies the glass case in the first
floor lobby of City Hall as the designated place for posting of meeting notices. Approval of
the consent calendar will adopt this resolution.
RESOLUTION #1
Series of 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC
MEETINGS.
WHEREAS, the City Council of the City of Aspen, Colorado, deems it in the public
interest to provide full and timely notice of all of its meetings; and
WHEREAS, the Colorado state legislature mended the Colorado Open Meetings
Laws, Section 24-6-401, et seq., C.R.S. to require all "local public bodies" subject to the
requirements of the law to annually designate at the local public body's first regular meeting of
each calendar year, the place for posting notices of public hearings no less than twenty-four
hours prior to the holding' of the meeting; and
WHEREAS, "local public body~ is defined. by Section 24-6-402 (1)(a) to include "any
board, committee, cornmission, authority, or other advisory, policy-making, rule-making, or
formally constituted body of any political subdivision of the state and any public or private
entity to which a political subdivision, or an official thereof, has delegated a governmental
decision-making function but does not include persons on the administrative staff of the local
public body~.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
A public notice of each meeting held by the City Council of the City of Aspen and each
meeting of any other board, committee, commission, authority, or other advisory, policy-
making, rule-making, or formally constituted body of the City of Aspen, shall be posted by the
City Clerk at least twenty-four hours prior to the holding of the meeting in the enclosed glass
case in the lobby of City Hall, 130 South Galena Street, Aspen, Colorado.
The City Clerk shall notify each board, committee, commissiqn, authority, or other
advisory, policy-making, rule-making, or formally constituted body of the City of Aspen of
the contents of this resolution and the other general requirements of the Colorado Open
Meetings Law, C.R.S., Section 24-6-401, et seq.
Dated: ,1998.
John S. Bennett, Mayoi'
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held January 11, 1999.
Kathryn S. Koch, City Clerk
MEMORANDUM
TO: Mayor and City Council
THROUGH: Amy Margerum, City Manager
FROM: Randy L. Readying/Z/
Asst. City Manager
DATE: January 6, 1999
RE: 1999 1/2 Cent Transit Sales and Use Tax Budget
SUMMARY: Attached for your review and approval is a resolution which, if approved, would
authorize the 1999 1/2 cent transit sales and use tax budget.
This resolution and the corresponding budget reflect the decisions made by the Elected Officials
Transportation Committee at its December 9, 1998 meeting.
RESOLUTION NO. ~
SERIES OF 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE 1999 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT
SALES AND USE TAXES
WHEREAS, the Aspen City Council, the Pitkin County 'Board of County Commissioners
and the Town Council of Snowmass Village (the "Parties") have previously identified general
elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for
funding from the Pitkin County one-half cent transit sales and use tax; and
WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties
agreed:
a. to conduct regular public meetings to continue to refine and agree upon
proposed projects and transportation elements consistent with or complimentary to
the Plan; and
b. that all expenditures and projects to be funded from the County~wide one-
half cent transit sales and use tax shall be agreed upon by the Parties and
evidenced by a resolution adopted by the governing body of each party; and
WHEREAS, in November of 1993 Pitkin County voters authorized the issuance of up to
$13,650,000 of revenue bonds for the purpose of improving the public mass transportation
system in the Roaring Fork Valley (the "Revenue Bond Authorization") if sudh improvements
are authorized by agreement between the Parties; and
WHEREAS, at a public meeting held in Aspen Council Chambers on December 9, 1998,
the Parties considered and approved several projects to be funded in 1999 from the Pitkin County
one-half cent transit sales and use taxes; and
WHEREAS, pursuant to voter approval the use tax had to be used first for the acquisition
of the rail right-of-way and then for other transit projects; and
WHEREAS, the Parties desire to approve the attached 1999 budget with the
understanding that upon the successful acquisition of the rail fight-of-way in 1997, the one-half
cent use tax revenues became available for other transit projects on an equal footing with projects
funded by the one-half cent sales tax revenues; and
WHEREAS, the City of Aspen wishes to ratify the approvals given at the December 9th
meeting by adoption of this resolution.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen,
Colorado, that the attached 1999 one-half cent transit sales and use tax revenue and expenditure
budgets are hereby approved.
1/2% Transit Sales and Use Tax
1999
:,
Total Projected Revenues $4,637,000
Total Approved Expenditures $1,817,396
RESOLVED, APPROVED, AND ADOFrED this 9th day of February, 1999, by the
City Council for the City of Aspen, Colorado.
John S. Bennett, 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 Janua~ 11, 1999.
Kathryn S. Koch, City Clerk
1999 Proposed Buciget
EOTC Transit Project Funding
Current I Proposed
1994 1995 1996 1997 1998 1999
EOTC SOURCES:
a) PitJdn County1/2% sales tax 2.455,143 2.526,855 2,641.380 2,826,666 3,021.000 3,148.000
b) Pkidn County 1/2% use t~x 206,982 335,456 299,414 341,193 298.000 303,000
c) Gr'.mts 5,000 5,000 4,600,000 1,000,000
o') Investment me &misc. 22.653 62.177 '118,635 131,671 145,000 186.000
e) Relmbursementofex~endltures 17,377 10,981 25,000
Total EOTC Sources 2,666,778 2,929,488 3,081,806 7,910,511 3,489,000 4,637,000
EOTC USES:
1) 5RFTAbuses-debt~ervloe 75,554 145.710 142,564 146,232 143,000 145,828
2) ExpandedRFTAbusserv',ce 700,000 735,000 772.000 826,152 883,021 920.108
3) RFTA opensting ehorffal[ 146.000 150,000
4) Airport intercept lot conerr. 635,376
5) Intercept lot landscaping 124,102 38.585
6) Interceptiotshutheeervice 308,000 218,000 150,747 121,862
7) Intercept lot maintenance 19,592 9,579 21,578 13.000
8) Proiectciesign, mgmt,&admin 700,537 39,987 63,480 112,679 103,253 54,016
9) Entrance-to-Aspendesign/englneedng 30,060 150,000
10) Aspen reimbursements 65,824 30,000 18,000
11) Snowmass transit center design 29,764 87,671 100,000
12) Use tax cotlection costs 51,834 15.074 34,400 35,984 36,596
13) ROWecquiskion efforts 42,987 53,864 177,787 151,623
14) ROw acquisition - EOTC (56%) 1,624.000
15) ROWacquisition-grants 5,593.075
16) RFRHA buciget share 172.999 406,486 597,~48
17) RFRHACISedvance 118,125 56,875 (175,000)
18) RFRHAaddkiormlCISadvance 618,000
19) RFRHA enhanced pubtic process 127,000
20) Moore Open Space replacement 3,000 67,500
21) Regional Transit AL~honty Plan 75,000
22) Brush Creek Study 12.000 125,000
Tote; EOTC Uses 2,154,454 1,700.085 1,715.073 8,990.691 2,821,559 1,817.396
EOTC ANNUAL SURPLUS/(DEFICIT) 532,324 1,229.403 1.366.733 (1,080,180) 667.441 2.819.604
EOTC CUMUL~.TIVE SURPLUSI(DEFICIT) 532.324 1,761,727 3,125.460 2,048.250 2,715,721 5,535,325
Notes:
Actuatiprojecteci increase in sales tax revenue 2.9% 4.5% 7.0% 6.9% 4.2%
Projected inSetion rate 2.5% 3.3% ~3% 1.7% 1.7%
Projected investment esmings rote 5.5% 5.0% 4.5%
1997-95 current ex'~enditure budget detail: 1997 1998 1999
6) is composed of the following: 14,D99 28,253 29,016 ~nancial admin. and insurance
9,668 25,000 25,000 meeting support and fodlitation
21.952 50,000 transpert,etion linkages wontshop (1/2 reimbursed by Aspen Skiing Co.)
30,000 match for Regional Transpomition Partnerships grant
36.950 rai3 demonstration project
112,679 103,253 54.016
10) briefing book
12/4/98 HLFCNT~4.XLS
MEMORANDUM
TO: MAYOR & CITY COUNCIL ~/
THRU: CITYMANAGER'S OFFICE
FROM: T13iANDERSON, RECREATIONDIRECTOR
DATE: JANUARY5, 1999
RE: YELLOW BRICK LIGHTING REMODEL
SUMMARY: Please find attached a contract and scope of work ,for the lighting remodel
e~/'the ]~llow Brick School. This project was bid through the local media for all
imerestedparties. Only one bid was received fi'om Ajax electric in the amount of
S26,090. This bid is acceptable as S35,000 was budgeted for these improvements. The
completion date of March 1.5, 1999, is due to the fact that the materials will take 6 to 8
weeks to be shipped and received upon approval of this' contract.
PREVIOUS COU~'CIL ACTION: In May of ] 998 City Council approved the
e.xT~enditure qf S218, O00 for improvements to the )~llow Brick School. The approval
the S218, 000 in expenditures included the lighting remodel proposed at this time.
BACKGROU~rD: In June of 1998 the City entered into an agreement with First Choice
Properties for the management and maintenance of the facility. Once the purchase qf the
.[?acility was compete in z~ugust of 1998 staff began work on interior improvements to the
.facility. To date locks have been replaced and there have been architectural work done
regarding the west and east entrance improvements. In addition major work was
necessary to the boiler system in the fall to assure heat for the facility. Painting, carpet,
plumbing improvements, and a new ceiling are to follow the installation of the lighting
remodel. Work on the west and east enD'ances along with new window in the facility will
be done in the spring/summer of]999 once the weather is warmer.
Stqff wiH be following up soon with Council in regard to the remodel of the basement
area and a business plan for that space. There will also be information and a plan
regarding the addition of a Photo Voltaic (PI,,9 System to the facility. Staff is currently
working with an architect and engineers' in cost estimates and design for the basement
area.
FINANCIAL BIPLICATIONS: Council approved S218,000 for improvements to the
Yellow Brick. The $21& 000 in improvements included $35, O00 for the lighting remodel.
The bid attached is in the amount of $26, 090.
RECO~IMENDA TIONS: Stqff is recommending approval of the attached contract with
,{iax Electric for the lighting remodel of the Yellre4; Brick.
AL TER2~5t TIVES: The project could be bid again to see if more bids' could possib6, be
obtained, but the current bid is well within the amount budgeted for the work. Bidding
the prqiect out again would onb,'fia'ther hold up the improvements to the facility.
31,4~M GER 'S C031.11ENTS:
RESOLUTION #3
(Series of 1999)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE' CITY OF
ASPEN, COLORADO, AND AJAX ELECTRIC, INC. SETTING FORTH THE
TERMS AND CONDITIONS REGARDING LIGHTING REMODEL OF THE
YELLOW BRICK SCHOOL AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Ajax Electric, Inc. a copy of which
contract is annexed hereto and made a pan thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the city of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Ajax Electric, Inc. regarding the
lighting remodel at the Yellow Brick school, a copy of which is annexed hereto
and incorporated herein, and does hereby authorize the City Manger of the City
of Aspen to execute said contract on behalf of the City of Aspen.
Dated:
John S. Bennett, 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
, 1999.
Kathryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and Ajax Electric.~, Inc. CPmfessional").
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 partie anticipate that all work pursuant to this agreement shall be
completed no later than '3 II~ lqB. 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. Payment. In consideration of the work performed, City shall pay Professional an
amount not to exceed Twenty-Six Thousand Ninety Dollars ($26,090.00) for all material.and labor
in accordance with Professionals Proposal. Professional shall submit, in timely fashion, invoices for
work performed. The City shall review such invoices and, if they are considered incorrect or
untimely, the City shall review the matter with Professional within ten days from receipt of the
Professional's bill.
4. Non-Assi~nabilitv. 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
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
PSl-971.doc Page I
drawings, maps, models, photographs, reports or bther 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
virtue 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 A~ainst Contingent 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/be 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
panics 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 servant 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 subcontractbrs during the performance of this
contract. Professional shall indemnify City against all liability and loss in 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 income 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
injury, loss, or damage is caused in whole or in pan 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
workmeWs compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional 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
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
F'i t -971 .doc Page 2
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 aqt, 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 subcontractor 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) Workmen's 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 Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MII .1 .ION DOII .MS ($1,000,000.00) each occurrence and ONE MII J .ION
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 MIILION
DOI 1-ARS ($1,000,000.00) each occurrence and ONE Mll .1 ION DOLLARS ($1,000,00-
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
severability of interests provision. If the Professional has no owned automobiles, the
PS1-971,doc Page 3
requirements of this Section shall be met by each employee of the Professional providing
services to the City under this contract.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insurers. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried 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 a~ee 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. Citv'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.
City makes no representations whatsoever with respect to specific coverages offered by C1RSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
~1-971 .doe Page 4
11. Completeness of Am'cement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and them 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 mall retum receipt
requested, to:
City: Professional:
Amy Margemm, City Manager Ajax Electric, Inc.
City of Aspen P.O. Box 8193
130 South Galena Street Aspen, CO 81612
Aspen, Colorado 81611
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 A~reement bv Citv. 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.
(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.
PS 1-971 .doc Page 5
(b) If any of the provisions of this agreement shall be held invalid, illegal or
Unenforceable 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 original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY: CITY OF ASPEN, COLORADO:
By:
Title:
Date:
~ 1-971 .d oc Page 6
PROFESSIONAL:
WrrNESSED BY: AIAX El ,ECTRICAL, IXNC.
By: ~
Date: t/~/q q
PS 1-971 .doc Page 7
EXHTRIT "A" to PrOfessional Services Agreement
Scope of Work
(To be completed prior to execution of Agreement
-971 .d oc Page 8
PROPOSAL
AJAX ELECTRIC, INC.
P.O. BOX 8193
ASPEN, CO 81612
(970) 92S-WIRE
SUBMFF'FED TO: PHONE: 920-5140 DATE: 12/8/98
CiTY CLERK
CITY OF ASPEN JOB NAME: YELLOW BRICK SCHOOL
130 SO. GALENA ST.
ASPEN, CO 81611 JOB LOCATION: 215 N GARMISCH STREET
ASPEN, CO 81611
ARCHITECT: DATE OF PLANS:
We hereby submit specifications and estimates for. The lighting remodel of the Yellow
Brick School as per the specifications provided.
The price includes widng and installing: New fixtures, lamps, ballasts, tube
guards, motion sensors, exit lights and emergency ligh!s as specified by Rising Sun Enterprises.
Also included is the removal of (2) stairwell lights and the relocation of the light at the bottom of
the stairwelL
The price includes labor, material, freight and disposal fees for hazardous wastes.
Tax on material is excluded, as is an electrical permit fee.
This proposal is predicated on us having reasonable access to the work area.
We Propose hereby to furnish material and labor - complete in accordance with above
specifications, for the sum of:
TWENTY-SiX THOUSAND NINETY dollars ($26,090.00)
Paym~t to b¢ r~ade ~s follows: 60% DEPOSIT, BALANCE UPON COMPLETION
Ajax Electric signature: ~"~/~}~///
Page 1
PROPOSAL
Acceptance of Proposal - T~.r~.p,.~..~,,~=~uuo~,.~.~.r.=ow~...h=~y.=~I.,
Signature~~/ Signature:
Page 2
INVITA TIO,~ TO BID
The City of Aspen, Colorado invites potential bidders to submit proposals regarding the
"Yellow Brick Zighting Remodel'; Bid packets may be obtained from the Office of the
City Clerk beginning November 16, at 8:00 A.M. A recommended pro bid meeting and
walk through will be held at the Yellow Brick School located at 215 N. Gamisch St.
beginning at 9:00 A.M. on December 1, 1998. Sealed proposals shall be submitted to the
City of Clerk's office no later than 5:00 P.M. on December 8, 1998. For further
information regarding this invitation to bid, please contact Tim Anderson at 920-5140.
The YELLOW BRICK SCHOOL
LIGHTING REMODEL
1 August 1998
Prepared for:
Tim Anderson
RECREATION DIRECTOR
&
Joani Matranga
CORE
Prepared by:
Chris Myers
SENIOR LIGHTING CONSULTANT
Yellow Brick School
Lighting Remodel
First Floor
NOTE: Old ballasts must be disposed in accordance with Pitkin County and EPA
hazardous waste disposal regulations. For disposal information call Joani at
CORE 544-9808,
The ceiling in the hallway is being replaced. Lighting retrofit must be coordinated with
the ceiling replacement.
1) Ceilin~ fluorescents-Hall: Keplace existing 26 ~uorascent strip ~L~cmres
with new suspended (pendant) T-8 fiuorescent fix~ares, All recessed glass
fixtures inside hallways are to be e!~minated (the recessed glass fixvares in
the airlocks and around the outside are to remain). This also includes the
stairwell to the basement. Suspend appro:~m~ely 10-12 inches fi'om ceiling
to bottom of L--rare. Lay-outs will be provided at walk through inspectdon,
FINELITE Series #2 4' long for two T-8 Imps with electronic ballast
and fully adjustable aircraf~ cables (120V')
S2-4-2T3-SC-120-FA Quantity: 20
with Osrm FO32/835 or GE FO32/SPX35 Imps QuantiS: 40
('NO SUBSTITUTIONS)
FINELITE Series ~2 8' long for two T-8 Imps with electronic ballast
and fully adjustable aircraf~ cables (120V)
S2-8-2Tg-SC-120-FA Quantity: 6
with Osrm FO32/335 or GE 1:O32/SPX35 Imps Quantity: 12
(NO SUBSTITUTIONS)
2) Emergency li~htha~ circuit: Add emergency lighting circuit in main level
consisting of 5 fixtures spread throughout the two main halls.
OPTION I: Provide emergency power packs in five of the 4' FINELITE
fixtures. This option requires that an always hot wire is available for these
fixtures. Since this is a remodel, the existence of this uncertain and may be
impossible if this wire is not present.
Add Bg0 or B100 Bodine emergency power pack from YINF. LITE
manufacturer when ordering fixtures.
· Also could be ordered separately and installed in the field ~-om
ATLITE, Model ~ZP650
OK
OPTION 2: Provide wall or ceiling mounted, self-contained emergency
lights. This will likely' require providing a new, always hot circuit in the
halls.
ELCO EETOL Self-contained 2-light
DU.AI.LITE EZ-2F Self-contained 2-light
3) Matchine Fluorescent lamp and ballast upgrade: In classrooms - Kelamp
and reballast all vintage up/down fiuorescents. All fixtures are to be equipped
with T8 lamps and electronic ballasts. All lamps mus+ be also equipped with T-
8 Imp tube ~uards to shield lamp fi-om possible breakage. See sample
installation in Pa~ck's Office at the Yellow Brick. In classrooms: Kelamp
and reballast all wraparound fiuorescent fixtures. All fixtures are to be
equipped with T8 lamps and electronic ballasts. As these fixtures axe lensed,
the new lamps do not need tubeguards.
Where two 4' fLxtures are buued up a~.~inq each other, a 4-1amp ballast is
specified for rewiring to replace two 2-1amp ballasts.
Ballasts: Osram Sylvania Quiclaronic
2-1amp T-8 electronic, instam-start, parallel wired 120V
Quantity: 56
4- lamp T-8 electronic, instant-start, parallel wired 120V
Quantity: 75
Lamps: Osram FO32/835 or GE FO32/SPX35 lamps
Quantity: 410
Tubeguards: T8 tube guards
Quantity: 272
In Waldorf Office eliminate one 4 ~ fixture if possible- counts assume fixture is
eliminated.
4) Classroom Bathrooms and small office bathroom Cov CORE): Keplace
light switch with motion sensor. New sensor fits right into existing switch
box (no major rewiring is necessary). Set sensor for 10 minute durafiotk
Specification: WATTSTOPPER. WA-100-WH
Quantity: 9
('NO SUBSTITUTIONS)
5) Classroom Bathroom vanity fixl~u'es: Peplace.
Specification: NLrLITE Aspen I3'12)-132 T8 electronic with FO32/835 T8
lamp
Fixture and lamp quantity: 4
6) Airlock entries and exterior recessed: Relamp round recessed glass fixtures
with dual 13 watt compact fiuorescent. The specified replacement unit screws
into top of fixture and is equipped with an edison base socket. This socket is
screwed into the existing light bulb socket for power. Use glass lenses from
eliminated round glass fixture in inside hallways to replace glass in exterior
~xmreso
Specification: WESTERFI~,F~ 140-2 Quad 13 with Edison pi~ail and
Panasonic instant start 13 watt Quad lzmp # FQ 13 E27V2.
Fixture and lamp quantity: 5 (airlocks) + 8 (exterior)
(NO SUBSTITUTIONS)
7) CORE office & office hallway:
a. Relamp square recessed glass fixtures with dual 13-watt compact
fiuorescents. The specified replacement unit screws into top of fixture and is
equipped with an edison base socket. This socket is screwed into the existing
light bulb socket for power.
Specification: WESTERF/ELD 140-2 Quad 13 with Edison pigtail and
Panasonie instant start 13 wan Qv. ad lamp # FQ 13 E27V2.
Fixture and lap quantity: 6
(NO SUBSTITUTIONS)
b. Replace 4 exis~lg ~uorescent fixlures on ceiling with T-8 ~uorescent
wraparounds.
Specification: ,NLrLITE WAP 232 Electronic with FO32/835 lamps.
Fixture quantity: 4
Lamp q-,ntity: 8
8) Common bathrooms: Replace ceiling fixtures in main area over stalls with
wraparound T8 electronic fiuorescent L-"mres. Replace ce'ding fixture in
entry with plastic compact fiuorescent dome fixture. In small office
bathroom, replace ce'ding fixture with a compact ~uorescent fixture.
Specification: NULITE WAP 232 Electronic with FO32/835 lamps.
Fixture quantity: 4
Lamp quantity: 8 ..
SpecL~cation: WESTERFIELD 1100 dual PL-13 or equivalent
Fixture quantity: 3
Lamp quantity: 6
9) Kitchen: Relamp and reballast all wraparound fluorescents fixtures. Each
_ fixture is to be equipped with only two lamps instead of the existing four.
All fixtures are to be equipped with T8 lamps and electronic ballasts.
Ballasts: Osrm Sylvania Quick~a'onic
2-1rap T-8 electronic, instant-start, paraliel wired 120V
Lamps: Osram'FO32/835 or GE FO32/SPX35 lamps
Replace light switch with motion sensor. New sensor fits right into existing
switch box (no major rewiring is necessary). Set sensor for 15 rn~ute
duration.
Specification: WattstopperWA-100-WH Quantity: I
('NO SUBSTITUTIONS)
I0) Laundry: Relmp and reballast the vintage up/down fluorescent. It is to be
equipped with T8 Imps and electronic ballasts. All tubes must be also
equipped with T-8 Imp tube guards to shield lamp from possible breakage.
Ballasts: Osrm Sylvania Quicktronic
4-1amp T-8 elec~onic, instam-start, parallel wired 120V
Quantity: 1
Lamps: Osrarn 1:O32/835 or GE FO32/SPX35 Imps
Tube~uards: T8 tube guards
Replace light switch with motion sensor. New sensor fits right into existing
switch box (no major rewiring is necessary). Set sensor for 15 minute
duration.
Specification: WattstopperWA-100-WH Quantity: 1
('NO SUBSTITUTIONS)
11) Display cabinet in front entry: Keep fixtures but replace bulbs with
compact fluorescent screw-in bulbs.
Specification: LUMATECH Reflect-A-Star 4.5" bronze reflector 13-watt
with clear lense (#11324)
Quantity: 4
('NO SUBSTITUTIONS)
12) Miscellaneous- Reballast and relamp existing vintage fixtures, as needed in
other various rooms.
Specification: New electronic ballasts with 2 lamps for each fixture, installed
as per previous instructions. Quantity -2 ballasts.
13) Exits: Replace all exit signs with LED signs with banery back-up, Exit
signs on both floors are covered in this part of the specification- replace
exits on both floors.
Specification: ASTRALITE 3000 Series
Quantity: 12
(4) Ceiling mount, single-sided
(1) Cei/ing mount, double-sided
(7) Wall-mount, single-sided
12/01/98 22:8~ F.-L~
....
MEMORANDUM
To: Mayor and City Coupall
Thru: Amy Margerum ~
From: Jack Reid
Date: January 5, 1999
Subject: Contract approval; POVVER MOTIVE CORPORATION
SUMMARY:
Staff recommends approval of the contract to purchase one (1), Pothole Patching Machine
from POVVER MOTIVE Corporation
PREVIOUS COUNCIL ACTION:
The Asset Planning Committee approved this purchase in the 1999 Asset Management
Plan. City Coundl approved the 1999 Asset Management Plan in the 1999 Budget.
CURRENT ISSUES:
This contract is a result of sole source procurement. This unit is unique in the industry in its
ability to provide heat to the aggregate matedal it cardes. Because most of our patching is
done in winter and eady spdng when the weather is cold, this option is very important to us.
The only comparable machine made does not have this capability.
FINANCIAL IMPLICATIONS:
The 1999Asset Management Plan contains the approved budget for this purchase.
PROPOSED MOTION: #__~__
I move to approve Resolution of 1999; on the Consent Calendar of January 11,
1999
CITY MANAGER COMMENTS:
RESOLUTION NO. ~
Series of 1999
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT
B~EN THE CITY OF ASPEN, COLORADO, AND POWER MOTIVE CORPORATION~
, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a CONTRACT
between the City of Aspen, Colorado and _POWER MOTIVE CORPORATION a copy of
which conlract 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 that CONTRACT between
the City of Aspen, Colorado, and _POWER MOTIVE CORPORATION_ a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contract on behalf of the City of Aspen.
Dated: ,1999.
John S. Bennett, 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 ,1999.
Kathryn S. Koch, City Clerk
SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 1999 - 1FM
THIS AGRFFMENT, made and entered into, this __ day of 1999, by and between
~e City of Aspen, Colorado, herainafter referred to as the "City" and
herainaf~er referred to as the 'Yendot."
WITNESSE'i"H, that whereas the City wishes to purchase ONE, {1), ROSCO RA-300
POTHOLE PATCHER WITH SPECIFIED OPTIONS herainaf~er calted the UNIT(S), in accordance
with the terms and conditions outJined in the Contract Documents and any assodated
Spec~ficetions, and Vendor wishes to sell said UNIT to the City as specified in its Bid.
NOW, THEREFORE, the City and the Vendor, for the considerations herainafter set forth,
agree as follows:
1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described
in the Contract Documents and more specifically in Vendors Bid for the sum of One Hundred
Nineteen Thousand, Five Hundred Fifty-Eiclht Dollars and NO Cents ($1 19,558.00).
2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.)
3. Contract Documents. This Agreement shall include all Contract Documents as the same
are listed in the Invitation to Bid and said Contract Documents are heraby made a part of this
Agreement as if fully set out at length herain.
4. Warranties. A full description of all warranties associated wffii this purchase shall
accompany this contract document.
5. Successors and AssiGns. This Agreement and atl of the covenants heraof shall inure to
the benefit of and be binding upon the City and the Vendor raspectjvely and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the dght to assign, transfer or sublet its interest or obligations hereunder without
the written consent of the other party.
6. Third .Par'des. This Agreement does not and shall not be deemed or construed to confer
' upon or grant to any third party or pardes, except to pardes to whom Vendor or City may assign this
Agreement in accordance with the specific whtten permission, any dghts to claim damages or to
bdng any suit, a~on or other proceeding against either the City or Vendor because of any breach
hereof or because of any of the terms, covenants, agreements or conditions herein contained.
7. Waivere. No waiver of default by either party of any of the terms, covenants or conditjons
hereof to be performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to
be performed, kept and observed by the other party.
8. Aareement Made in Colorado. The parties agree fiat this Agreement was made in
a_ _c~_rdance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attornev's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attomey's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parses hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the AgreemenL
11. Certification Reclardinq Debarment, Suspension, Ineliclibilitv. and Voluntary Exclusion.
Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further cartitles
that pdor to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any.
lower tjer participant was unable to certify to this statement, an explanation was attached to the Bid
and was determined by the City to be satisfactory to the City.
12. Warranties Af~ainst Continqent Fees, Gratuities, Kickbacks and Conflicts of Interest.
... Vendor warTants that no person or selling agency has been employed or retained to solicit or
secure this Contract upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Vendor for the purpose of secudng business.
Vendor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connec~on wfth any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specffication or procurement standard, rendering advice, investigation, audffing, or in any other
advisory capacity in any proceeding or application, request for ruling, determination, claim or
controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Vendor represents that no official, officer, employee or representative of the City during the
term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in
this Agreement or the precaeds thereof, except those that may have been disclosed at the time City
Courtall approved the execution of this AgraemenL
In addison to other romedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the dght to:
1. Cancel this Punchase Agreement without any liability by the City;
2. Debar or suspend the offending par'des from being a vendor, contractor or
sub-contractor under City contracts;
3. Deduct from the contract pdce or cons!deration, or othenNise recover, the
value of anything transferred or received by the Vendor, and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City.
The sate contemplated by this Agreement may be cancelled by the City prior to acceptance
by the City whenever for any reason and in its sole discretion the City shall determine that such
ceancellation is in its best interests and convenience.
14. Fund Availability. Financial obligations of the City payable a~er the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of of those funds for
payment pursuant to the terms of this Agreement
15. City Coundl Approval. If this Agreement requires the City to pay an amount of money in
excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of
the City of Aspen.
16. Non-Discrimination. No discrimination because of race, color, creed, sex, madtal status,
affectional or sexual orientation, family responsibility, national odgin. ancestry, handicap, or religion
shall be made in fie employment of persons to perform under this Agreement Vendor agrees to
meet all of the requirements of Citys municipal code, section 13-98, pertaining to non-discrimination
in employment Vendor further agrees to comply with the letter and the spirit of the Colorado
Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting
discrimination and unfair employment practices.
17. Inteeration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the pa~es and supersedes or incorporates any prior written
and oral agreements of the par'des. In addi~jon, vendor understands that no Cibj official or
employee, other than the Mayor and City Coundl acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City.
Any such Agreement or modification to this Agreement must be in writing and be executed by the
parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement. represents that he/she is an authorized
representative of Vendor for the purposes of executjng this Agreement and that he/she has full and
complete authority to enter into this Agreement for the terms and conditions specified herein.
IN VV~TNESS WHEREOF, The City and the Vendor, mspec'dvely have caused this Agreement to
be duly executed the day and year first herein written in three (3) copies, all of which, to all intents
and purposes, shall be considered as the original.
FOR THE CITY OF ASPEN:
By:
A'I I ~-ST:
City Clerk
Lj' / i~-~ ,~ ~r~r~
Title.
purchagr. bid
TO: Mayor and Council r~// J
THRU: Amy Margerum, City Manage
THRU: ' ' ' G'~ '
RE: Text Amendment, Sections 26.20.030, 26.52, and 26.72 of the Aspen
Municipal Code, to eliminate the distinction between HPC review
authority .over landmark and non-landmark properties listed on the
Inventory of Historic Sites and Structures, Second Reading of Ordinance
#44, Series of 1998
DATE: January 11, 1999 (Continued from December 14, 1998)
SUMMARY: The Planning staff and the Planning and Zoning Commission reconunend
amendments to Sections 26.20.030, 26.52, and 26.72 of the Aspen Municipal Code, to
eliminate the distinction between HPC review authority over landmark and non-landmark
properties listed on the Inventory of Historic Sites and Structures. The code amendment
was identified as a priority in the Aspen Area Community Plan and the HPC Symposium
held in August 1998.
City Council approved Ordinance #44, Series of 1998 on First Reading on October 26,
1998. Prior to second reading, written notification Of the proposed text amendment was
sent to all owner's of property listed on the Historic Inventory. Six owner's telephoned,
but none expressed interest in attending the meeting or providing written comments after
discussing the code amendment with staff.
The "Inventory of Historic Sites and Structures" contains 260 properties. 71 of these are
located within historic districts and therefore have full HPC review for redevelopmerit as
either a "minor" or "significant" project dependent on the scope of work. 87 others are
landmark sites outside of the historic districts and have the same stringent HPC
protection. Redevelopment of the remaining 102 non-landmark sites is reviewed only in
terms of any mount of demolition or relocation proposed. (It should be noted that the
HPC program has been set up to encourage property owners to choose to landmark by
offering incentives to do so. This system has worked well, but there are numerous
significant properties which remain unlandmarked because the owner hasn't chosen to
landmark the property.)
1
For the review of a non-landmark property, a public hearing is currently not required
(unless an off-site relocation or total demolition is proposed) and the review standards,
particularly for partial demolition, only allow HPC a general mass and scale review of
any new construction. If a completely detached structure is proposed on a non-landmark
site (so that there is no mount of demolition to the historic structure) there is no HPC
review.
The HPC feels strongly that all of the properties on the historic inventory should have
equal protection and review. All projects with a scope beyond minor alterations should
be reviewed in a two step process; conceptual and final, with a public hearing at
conceptual. This will allow HPC the greatest protection and scrutiny over major
alterations to historic sites, and will require public notice. Also, requiring review at a
conceptual stage on all projects may save applicant's time and money by allowing HPC
to give feedback before the design has progressed too far.
The standards related to demolition, partial demolition and on or off-site relocations will
still be used, in conjunction with the broader HPC standards for compatibility of new
additions.
Staff and P&Z recommend Council approve the proposed code amendments related
to historic inventory properties, as described in "Exhibit B~" of the memo provided
from Amy Guthrie dated January 11, 1998, and incorporated into Ordinance #44,
Series of 1998. As part of their motion recommending approval, the Planning and
Zoning Commission also requested that Council direct staff to examine the existing
code language with regard to the ability to demolish and reconstruct a non-
conforming structure (a provision which relates to historic and non-historic
buildings) and the incentive program for historic properties. Also, at Councii's
request, Section 26.72.040, Appeal and call up, has been amended to provide City
Council 30 days, rather than 14 days to call up for review any decision of the
Historic Preservation Commission. Notice of the HPC decision will be provided to
Council in the form of the approved Resolution.
TEXT AMENDMENT: See Exhibit B, Proposed Amendments. Three areas of the
code are impacted, Section 26.20.030 Powers and Duties of the Historic Preservation
Commission, Section 26.52 Common Development Review Procedures, and Section
26.72 Development in an "H," Historic Overlay District; or involving the Inventory of
Historic Sites and Structures.
STANDARDS FOR REVIEW: In reviewing an amendment to the text of this title or an
amendment to the official zone district map, the city council and the commission shall
consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Response: The amendment is not in conflict with any applicable portions of this title.
B. Whether the proposed amendment is consistent with all elements of the
Aspen Area Comprehensive Plan.
Response: The proposed amendment is consistent with a goal of the AACP:
"Amend the City Code to require review of alterations and additions to all historic
resources identified on the Aspen Inventory of Historic Sims and Structures," as well as
the intent statement of the Design Quality and Historic Preservation Action Plan: "To
ensure the maintenance of character through design quality and compatibility with
historic features."
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land Use and neighborhood characteristics.
Response: The proposed amendment does not create a new land use or density. The
intention is to help development, as it affects historic structures, to fit in with the
neighborhood characteristics.
D. The ef/kct of the proposed amendment on traffic generation and road
safety.
Response: The amendment will have no impact on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment wouM result in
demands on public facilities, and whether and the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Response: The proposed amendment will have no impact on public facilities or
services, however, staff can anticipate additional caseload associated with the upgrading
of the review authority of the HPC.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment
Response: The proposed amendment will not cause adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible with the
.. community character in the City of Aspen.
Response: The amendment will require that modifications to all historically
designated structures, landmark or non-landmark, preserve the community character of
Aspen.
H. Whether there have been changed conditions affecting the subject parcel
or the surrounding neighborhood which support the proposed amendment.
Response: The amendment does not affect a particular parcel or neighborhood. The
community has seen on-going and somerunes substantial alterations to historic structures.
The amendment will help address those resources which are currently not sufficiently
protected.
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.
Response: The proposed amendment is in harmony with the public interest as
expressed through the AACP and the HPC Symposium, the forty attendees of which
made this code amendment a high priority.
STAFF RECOMMENDATION: Staff and P&Z recommend Council approve the
proposed code amendments related to historic inventory properties, as described in
"Exhibit B," of the memo provided from Amy Guthrie dated January 11, 1998, and
incorporated into Ordinance #44, Series of 1998. As part of their motion recommending
approval, the Planning and Zoning Commission also requested that Council direct staff to
examine the existing code language with regard to the ability to demolish and reconstruct
a non-conforming structure (a provision which relates to historic and non-historic
buildings) and the incentive program for historic properties.
RECOMMENDED MOTION: "I move to adopt Ordinance #44, Series of 1998 on
Second Reading."
"I move to direct Planning staff to examine the existing code language with regard to the
ability to demolish and reconstruct a non-conforming structure (a provision which relates
to historic and non-historic buildings) and the incentive program for historic properties."
City Manager's Comments:
Exhibits:
Ordinance//44, Series of 1998
A.. Memo from Amy Guthrie dated January 11, 1998
B. Proposed Code Amendments
C. Planning and Zoning Commission minutes of October 6, 1998
D. List of property owners notified of the proposed code amendment and proof of
notification.
4
EXttIBIT B, PROPOSED CODE AMENDMENTS
26~20.030 Powers and duties.
The historic preservation commission (HPC) shall have the following powers and
duties:
A. Recommendation of approval or disapproval to the commission and the
city council of thedesignation of H, Historic Overlay District or Historic Landmark,
under Chapter 26.76;.
B. Review and approval, approval with conditions, suspension or disapproval
of development with the H, Historic Overlay District or development involving a .~.istcrlc
!a:;r~m~r!: properties listed on the Inventory of Historic Sites and Structures, under
Chapter 26.72;
C. Review and approved, approval with conditions, suspension or disapproval
of demolition, partial demolition, on-site, off-site, or temporary or relocation involving a
historic landmark or demolitibn, partial dcmolition or rclocation of any structure rated as
a "q " or a "5" by the HPC in its evaluation of the Inventory of Historic Sites and
Structures of the City of Aspen properties listed on the Inventory of Historic Sites and
Structures, as periodically mended under Chapter 26.72;
D. Periodic evaluation of the Inventory of Historic Sites and StructUres, under
Chapter 26.72;
E. Recommendation of approval, approval with conditions, or disapproval to
the board &adjustment on a request for variance in the H, Historic Overlay District or
involving a historic landmark properties listed on the Inventory. 0fHistoric Sites and
Structures, under Chapter 26.72;
F. Recommendation of the city council of Historic District and Historic
Landmark Development Guidelines, under Chapter 26.72;
G. Recommendation to the commission to initiate amendments to this
chapter; and
H. To hear and approve, approve with conditions, or disapprove variations
under Chapter 26.72. (Ord. No. 60-1989, § 1: Code 1971, § 4-403)
Chapter 26.52
COMMON DEVELOPMENT REVIEW PROCEDURES
Sections:
' 26.52.010 General.
26.52.020 , Pre-application conference.
· . 26.52.030 Application and fees.
26.52.040 Initiation of development application.
26.52.050 Determination of completeness and review by the planning director.
26.52.060 Review of a development application by decision-making bodies.
26.52.070 Certificate of compliance and building permit issuance.
26.52.080 Vested property rights.
5
26.52.010 General.
Chapter 26.52 sets out the common procedures for review of all development
applications, These common procedures apply to the following types of land
development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional
uses (Chapter 26.60), development subject to special review (Chapter 26.64),
development in er/vironmentally sensitive areas CESA) (Chapter 26.68), development or
demolition in H, Historic Overlay Districts or of historic landmarks properties included
on the Inventory. of Historic Sites and Structures (Chapter 26.72), designation of H,
Historic Overlay Districts or Historic Landmarks (Chapter 26.76), development in or
designation of specially planned areas (SPA) (Chapter 26.80), planned unit developments
(PUD) (Chapter 26.84), subdivision review (Chaptar 26.88), review of amendments to the
text of this chapter or the official zone district map (Chapter 26.92), and growth
management quota system (GMQS) review (Chapter 26.100).
Generally, for proposed development that is subject to these provisions, the
process of development follows five (5) stages: (1) A pre-application conference between
the applicant and the planning agency staff; (2) submission of the development
application and fees by the applicant; (3) determination of completeness and review of
the development application by the planning director; (4) review of the development
application by the relevant decision-making body; and upon approval of the development
application, (5) receipt of a building permit. These common development review
procedures are organized consistently with this process. A chart depicting the common
development review procedures can be found in Figure 6-101.
By far, the most lengthy and important of these five (5) stages is the review of the
development application by the relevant decision-making body or bodies. In instances
where the proposed development is simple and its potential effect on substantive land use
policy in the city relatively insignificant, the review procedure is expedited. Where the
proposed development is more complex and has a significant effect on substantive land
use policy, the review procedure is more complicated and lengthy. A chart focusing on
the review of a development application by the relevant decision-making body or bodies
is found in Figure 6-102. The development review procedures are also summarized in
Table 6-101.
The Provisions of General Applicability established in this chapter apply to all
these development applications and include procedures for pre-application conference,
application and fees, initiation of application, determination of completeness, review,
hearing, decision-making, public notice, building permit issuance and vested property
rights. Unless otherwise stated, all development applications are subject to these comn~on
review procedures. However, development which is as of right is only subject to the
building permit stage of review. All other substantive development review standards and
special procedures requirements which vary from those general requirements are found in
Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable.
FIGLYRE 6-101:
PROCESS OF DEVELOPMENT REVIEW
Pre-application Conference
Submission of Development Application
Determination of Completeness of Development Application
Review of Development Application
Receipt of Building Permit
FIGURE 6-102:
DEVELOPMENT APPLICATIONS REQUIRING NO STEPS:
1. PERMITTED USES:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
2. EXEMPT HISTORIC DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required,
3. EXEMPT ESA DEVELOPMENT:
a. Reviewed by Planning Agency Staff,
b. No public hearing required.
4. EXEMPT GMQS DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public heating required.
DEVELOPMENT APPLICATIONS REQUIRING ONE STEP:
1. CONDITIONAL USE:'
a. Reviewed by Planning and Zoning Commission.
b. Public hearing required.
2. SPECIAL REVIEW:
a. Reviewed by Planning and Zoning Commission.
b. NO public hearing required.
3. ESA:
a. Reviewed by Planning and Zoning CQmmission.
b. No public hearing required.
4. EXEMPT GMQS:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
5. SUBDIVISION EXEMPTIONS:
a. Reviewed by City Council.
b. No public hearing required except for lot splits.
6. MINOR DEVELOPMENT OF A HISTORIC LANDMARK PROPERTY
LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A
HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. No public hearing required.
7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A
HISTOPIC LANDMAP, K PROPERTY LISTED ON THE INVENTORY OF
HISTOPdC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Cornmission.
b. Public hearing required for demolition and off-site relocation.
DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS:
1. GMQS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public heating required before Planning and Zoning Commission.
8
c. May be consolidated with a conditional use application, a special
review application, and/or an ESA application before the Planning and Zoning
Commission and with subdivision exemption application before the City Council.
2. TEXT OR MAP AMENDMENT:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before both Platruing and Zoning
Commission and City Council.
3. GMQS EXEMPTIONS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. No public hearing required.
4. SUBDIVISION REVIEW:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning commission.
5. SIGNIFICANT DEVELOPMENT OF HISTORIC LANDMARK ~,
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURF, S OR IN HISTORIC DISTRICT:
a. Reviewed by:
(1). Historic Preservation Commission (for conceptual review),
and
(2) Historic Preservation Commission (for final review).
9
b. Public hearing required for the conceptual review.
DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS
1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT:
a. Reviewed by:
(1) Historic Preservation Commission, and
(2) Planning and Zoning Commission (refer to notes 1 and 3
below), and
(3) City Council (refer to notes 2 and 3 below).
b. Public hearing required for Historic Preservation Commission,
Planning and Zoning Commission, and City Council.
c. May be consolidated with a conditional use application, a special
review application, an ESA application, and/or a GMQS exemption application before the
Planning and Zoning Commission. May be consolidated with a GMQS exemption
application and/or a subdivision exemption application before City Council.
DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS:
1. SPA or PUD:
a. Reviewed by:
(1) Planning and Zoning Commission (for conceptual), and
(2) City Council (for conceptual), and
(3) Planning and Zoning Commission (for final) (refer to notes
I and 3 below), and
(4) City Council (for final) (refer to notes 2 and 3 below).
b. Public heating required for City Council (at conceptual) and
Planning and Zoning Commission (for final).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final). May be consolidated with GMQS
application, GMQS exemption application, subdivision review application, text or map
amendment application, and/or subdivision exemption application before City Council
(for final).
10
DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS:
1. SIGNIFICANT DEVELOPMENT OF t4ISTORIC LANDMARK A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR IN HISTORIC DISTRICT IN CONJUNCTION WITH SPA OR
PUD:
a. Reviewed by:
(1) Historic Preservation Commission (for conceptual), and
(2) Planning and Zoning Commission (for conceptual PUD or
SPA), and
(B) City Council (for conceptual PUD or SPA), and
(4) Historic Preservation Commission (for final), and
(5) Planning and Zoning Commission (for final PUD or SPA)
(refer to notes l and B below), and
(6) City Council (for final PUD or SPA) (refer to notes 2 and 3
below).
b. Public hearing required at Historic Preservation Commission (for
conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning
Commission (for final PUD or SPA).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final PUD or SPA). May be consolidated with
GMQS application, GMQS exemption application, subdivision review application, text or
map amendment application, and/or subdivision exemption application before City
Council (for final PUD or SPA).
NOTES:
1. One step Commission applications can be reviewed concurrently with a
two, three, four or six step application at the step identified in the process.
2. One step Council applications can be reviewed concurrently with a two,
three, four or six step application at the step identified in the process.
3. Two step Commission/Council applications can be reviewed concurrently
'with a three, four or six step application at the step identified in the procesS.
ABBREVIATIONS:
ESA means Enviromnentally Sensitive Areas.
11¸
GMQS means Growth Management Quota System.
PUD means Planned Unit Development.
SPA means Specially Planned Area.
TABLE 6-101:
SUMMARY OF DEVELOPMENT REVIEW PROCEDURES
Type of Number of Steps Review Public Consolidate With
Development In Process Entity Hearing? Other Apps?
Application When. When.
Permitted Uses None Planning No No
Agency
Exempt Development Staff
Historic
ESA
GMQS
Conditional Use One Commission Yes--At step 1 No
Special Review Commission No No
ESA Commission No No
GMQS Commission No No
Subdivision One Council No--except lot No
Exemptions splits at Step 1
Minor DevelopmentOne HPC Yes--For No
of historic landmark Demolition Only
a propert), listed on the at Step 1
Inventory of Historic
Sites and Structures
or in historic district
12
GMQS Two Commission/Yes--At step 1 Yes--Conditional
Council Use at Step 1
Text or Map Commission/Yes--At Step Special Review at
Amendment Council 1 & 2 Step 1
GMQS Exemptions Commission/No ESA at
Council Step 1
Subdivision Commission/Yes- At Step 1 Subdivision
Review Council Exemption at
Step 2
GMQS Commission/Yes--At Step 1 Subdivision
Exemptions Council Exemption at
Step 2
Significant Two HPC/HPC Yes--At Step I No
development of
historic landmark
a property listed on
the InventoD, of
Historic Sites and
Structures
or in historic
district
Designate historic Three HPC/ Yes--At Step Yes--Conditional
landmark or district Commission/2 and 3 Use at Step 2
Council, Special
Review at Step 2,
ESA at Step 2,
GMQS
Exemption at Step
2&3,
Subdivision
Exemption at Step
3
SPA or PUD Four Commission/Yes--At Step Yes--GMQS
Council 2 and 3 and/or GMQS
exemption at Step
3& 4, Subdivision
Review at Step 3
& 4, Text or map
13
mend at Step 3 &
4, Conditional
Use at Step 3,
Special Review at
Step 3, ESA at
Step 3,
Subdivision
Exemption at Step
4
Significant Six HPC/ Yes--At Step Yes--GMQS
Development of Commission/1, 3, and 5 GMQs and/or
Hi:toric landmark Council GMQS exempt.
a property listed on at Step 5&6,
the Inventory of Subdivision
Historic Sites and Review at Step
Structures or in Historic 5&6, Text
District in conjunction with or map mend
SPA, or PUD at Steps 5&6,
Con& Use at Step
5, Special Review
at step 5, ESA at
Step 5,
Subdivision
Exemption at Step
6
(Code 1971, § 6-101)
26.$2.020 Pre-application conference.
A. General. Prior to formal filing of a development application, it is
recommended .that an applicant confer with the staff of the planning agency to obtain
information and guidance. The purpose of such a conference is to permit the applicant,
the planning director and the planning agency staff to review informally a proposed
development and determine the most efficient method of development review before
substantial commitments of time and money are made in the submission of an
application.
B. Issues of discussion. Issues that may be discussed at the pre-application
conference, may include, but are not limited to the following:
1. Proposed development. The applicant should describe the general nature
of the proposed development, including, if applicable, proposed land uses and their
densities; proposed placement of buildings, structures, and other improvements; character
and location of common open space or treatment of public uses; preservation of natural
14
features; preservation of historic structures and landmarks; protection of environmentally
sensitive areas; proposed off-street parking and internal traffic circulation; and total
ground coverage of paved areas and structures.
2. Review procedure. The plarming agency staff should identify procedural
review requirements for the proposed developmen~ and applicable review standards and
terms of this title that apply to the review of the proposed development. This should
include identifying those stages of the common review procedure which apply, which
decision-making body or bodies will review the development application, and the
approximate length of the development review procedure.
3. Referral agencies. The planning agency staff should identify the city, state,
and federal agencies that are required to review the proposed development, provide the
applicant with persons at these agencies to contact about review procedures, and
generally describe the information which will be needed to satisfy the concerns of the
relevant city, state, and federal agencies.
4. Application contents. The planning agency staff should establish the
contents of the development application required to be submitted for the proposed
development. This should include descriptions of the types of reports and drawings
required, the general form which the development application should take, and the
information which should be contained within the application.
5. Applicati0n copies and fee. The planning agency staff should identify the
number of copies of the development application that is required to be submitted for the
proposed development, along ~;lth the mount of the fee needed to defray the cost of
processing the application, and the number of hours of staff review time associated with
the fee.
At the conclusion of the conference, the applicants will be presented with a
written summary of the meeting. One copy of this ~ritten summary should be submitted
back to the planning agency at the time of submission of the development application.
(Code 1971, § 6-201)
26.52.030 Application and fees.
A. General. A development application shall be submitted in the form, and
shall include the information and materials specified for that application in this section,
and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is
required. The development application shall be accompanied by a fee, as is established
from time to time by the city council, to defray the cost of processing the application.
B. Application. All development applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone number of the
representative authorized to act on behalf of the applicant.
" 2. The street address and legal description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership of the parcel on which development is proposed
to occur, consisting of a current certificate from a title insurance company, or attorney
licensed to practice in the State of Colorado, listing the names of all owners of the
15
property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development
Application.
4. An S1/2" x l l" vicinity map loeating the subject parcel within the City of
Aspen.
5. A site improvement survey including topography and vegetation showing
the current status of the parcel certified by a registered land surveyor, licensed in the State
of Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey document.)
6. A written description of the proposal and an explanation in written,
graphic, or model form of how the proposed development complies with the review
standards relevant to the development application.
C. Consolidation of applications. If an applicant has requested the
consolidation of development applications, the director shall waive any overlapping
application submission requirements in the consolidated development application.
D. Copyrighted materials. The City of Aspen will not accept for development
application or recordation purposes any materials to which copyright applications have
been made unless the applicant shall waive all claims and indemnify the city. Any person
submitting a development application shall consent that any document submitted to the
City of Aspen as part of a development application may be utilized by the city in any
manlier deemed necessary, including, but not limited to, recording at the Pitkin County
Clerk:and Recorder, to preserve the representations made during the development review
process. (Ord. No. 6-1989, § 8; Ord. No. 56-1994, § 12: Code 1971, § 6-202)
26.52.040 Initiation of development application.
A development application may be initiated by over fifty (50) percent of the
o~ers of real property of a proposed development. In addition, the city council or the
commission may initiate a development application to amend the text of this chapter or
the official zone district map (Chapter 26.92) or to designate a specially planned area
(SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a
development application to designate a H, Historic Overlay District or historic landmark
(Chapter 26.76). (Code 1971, § 6-203)
26.52.050 Determination of completeness and review by the planning director. A. Determ'mation of completeness.
1. Submission. In order to initiate a development application, an applicant
shall submit to the planning director the number of copies of the application, containing
that information agreed upon in the pre-applieation conference or required by the relevant
provisions of this title, and accompanied by the application fee.
2. Determination of completeness. At'cer a development application has been
received, the planning director shall determine whether the application is complete. If the
planning director determines that the application is not complete, written notice shall be
served on the applicant specifying the deficiencies. The planning director shall take no
further action on the application unless the deficiencies are remedied. If the application is
determined to be complete, the planning director shall notify the applicant of its
16
completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this chapter.
B. Review and recommendation by planning director.
I. Comments on application from city staff. When the development
application is determined complete by the planning director, copies shall be distributed to
appropriate city staff persons, departments and referral agencies. Any comments shall be
returned to the plahning director prior to submitting a recommendation to th~ applicable
decision-making body.
2. Report and recommendation. The planning director shall compile all
comments and recommendations from appropriate city staff persons, departments, and
referral agencies, and shall make a written report and recommendation to the appropriate
decision-making body on the development application. The written report and
recommendation shall state whether the application conforms to the review standards
pertaining to the relevant development approval sought, and whether it should be
approved, approved with conditions, or disapproved. The planning director shall attach
any referral agency comments to the report and recommendation.
C. Setting the hearing. After the planning director determines that a
development application is complete and a report and recommendation is completed, the
planning director shall establish a place and time certain for the hearing, if required, on
the development application, pursuant to the requirements of this section. If the hearing is
a public heating required to be noticed, the planning director shall cause public notice to
be given pursuant to the procedure and requirements established in Section 26.52.060(E).
(Code 1971, § 6-2.04)
26.52.060 Review of a development application by decision-making bodies.
The following review, hearing, and notice procedures and requirements apply to
the review of a development application by the relevant decision-making bodies.
A. Review procedures. A development application, depending on what types
of development order it requests, shall be subject to one of the nine (9) review procedures
outlined below.
1. Planning agency staff review: Permitted uses, exemptions of development
in H Historic Overlay District and/or of historic landmark a property listed on the
Inventor), of Historic Sites and Structures, environmentally sensitive area (ESA), GMQS
allotments, and subdivision exemption for a lot line adjustment.
a. General. Review and approval of a development application for permitted
uses (Chapter 26.56) shall be made by the planning agency staff in the form of a
certificate of zoning compliance issued to the chief building official. Review and
· determination of exemptions for development in the H, Historic Overlay District or of
historic landmark a property listed on the Inventory of Historic Sites and
· . Structures(Chapter 26.72), in environmentally sensitive areas (ESA) (Chapter 26.68) or
for certain GMQS Allotments (Chapter 26, 100) shall be determined by the planning
director.
b. Permitted uses. A development application for a permitted use shall be
reviewed and approved, approved with conditions, or disapproved by the chief building
official pursuant to the terms and standards established in Section 26.56.020.
17
c. Exemptions of development in H, Historic Overlay District and/or of
historic landmark a property listed on the Inventory of Historic Sites and Structures.
Exemption of development in the H, Historic Overlay District and/or of a .~,istc, ric
la.':~mark a property listed on the Inventory of Historic Sites and Structures shall be
granted by the planning director pursuant to the terms and standards established in
Section 26.72.010(C).
d. Exemption of development from review in environmentally sensitive area.
Exemption of development from review in environmentally sensitive areas shall be
granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or
26.68.050(B).
e. Exemptions of development from growth management quota system
(GMQS) allotment. Exemption of certain development from growth management quota
system (GMQS) alloWnent shall be granted by the planning director pursuant to the terms
established in Section 26.100.040(A).
f. Exemption from Subdivision for Lot Line Adjustments. Exemption of
development from the terms of subdivision for lot line adjustments shall be granted by
the Planning Director pursuant to the terms established in Section 26.88.030(A)(1)
2. One-step commission review: Development application for conditional
uses~ special review, and in environmentally sensitive area (liSA) requiring consolidation
with no other development application or exemption of certain development under
GMQS. A development application for conditional uses (Chapter 26.60), development
subject to special review (Chapter 26.64), and development in an environmentally
sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development
Application and exemption of certain development from GMQS pursuant to Section
26.100.040(B) shall be reviewed by the commission pursuant to the following
procedures.
a. Public hearing by the commission for conditional uses. After receipt of the
written report and recommendation of the planning director for a conditional use (Chapter
26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a
public heating to review the application. At the conclusion of the public hearing, the
commission shall determine if the development application meets the standards for a
conditional use (Section 26.60.040), and shall issue a development order approving,
approving with conditions, or disapproving the application.
b. Hearing by the commission for special review and ESA, and GMQS
exemption. After receipt of the written report and recommendations of the planning
director for development subject to special review (Chapter 26.64), development in
environmentally sensitive areas (liSA) (Chapter 26.68), or for a GMQS exemption
pursuant to Section 26.100.040(B), the commission shall hold a heating to review the
application. At the conclusion of the hearing, the commission shall determine if the
development application meets the standards for special review (Section 26.64.040), ESA
(Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.100.040(B)), '
whichever is applicable, and shall issue a development order approving, approving with
conditions, or disapproving the application, or exempting the development from GMQS.
3. One-step HPC review: Development application for minor development or
demolition in a H, Historic Overlay District or of a historic landmark property listed on
18
the Inventory of Historic Sites and Structures requiring consolidation with no other
development application. A development application for minor development or
demolition in a H, Historic Overlay District or of a historic landmark property listed on
the Inventory of Historic Sites and Structures(Chapter 26.72) only shall be reviewed by
the HPC pursuant to the following procedures.
a. Heating by HPC for minor development. After receipt of the written report
and recommendations of the planning director for minor development in a H, Historic
Overlay District or of a historic landmark property listed on the Inventory. of Historic
Sites and Structures, the HPC shall hold a hearing to review the application. At the
conclusion of the heating, the HPC shall determine if the development application meets
the Standards of Section 26.72.010(D), and shall adopt a development order approving,
approving with conditions, or denying the application.
b. Public hearing by HPC for Demolition in H Historic Ove~ay District or
involvin~ a property listed on the Inventory of Historic Sites and Structures. After receipt
of the written report and recommendation of the planning director for demolition of a
structure in a H, Historic Overlay District or of a Historic Landmark property listed on
the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the HPC shall determine if the development application
meets the standards of Section 26.72.020(B), and shall adopt a development order
approving, approving with conditions, or disapproving the application.
4. On-step council review: Development application for subdivision
exemption requiring consolidation with no other development application. A
development application for subdivision exemption only (Chapter 26.88) shall be
reviewed by the city council pursuant to the following procedures.
a. Hearing by council for subdivision exemption. After receipt of the written
report and recommendation of the planning director for subdivision exemption, the
council shall hold a hearing to review the application, unless the application shall be for a
lot split, which shall require a public heating for which notice has been.provided pursuant
to Section 26.52.060(E). At the conclusion of the hearing or public hearing, as applicable,
the council shall determine if the application meets the standards of Section 26.88.030,
and shall adopt a development order approving, approving with conditions or denying the
application.
5. Two-step commission and city council review: Growth management quota
system (GMQS) allotment; subdivision review; amendment to the text of this rifle or the
official zone district map; and certain GMQS exemptions. Review and approval of a
development application for growth management quota system (GMQS) allotment
(Chapter 26.100), subdivision review, amendment to the text of this title or the official
zone district map and certain GMQS exemptions require review by the commission and a
final decision by the city council and may be consolidated with a development
application for a conditional use, special review or ESA.
a. GMQS allotment for a permitted use.
(1) Public hearing by commission. After receipt of the written report and
recommendations of the planning director for GMQS scoring for a permitted use, the
commission, after public notice pursuant to Section 26.52.060(E), shall hold a public
19
hearing to review the application. At the conclusion of the public hearing, the
commission shall determine the points accumulated by the application pursuant to the
standards of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward
the score to the city council.
(2) Hearing by city council. Upon receipt of the recommendation of the
scoring of the developmere application by the commission, the city council shall allocate
GMQS allotments among eligible applicants in the order of priority established by their
rank.
b. GMQS allotment consolidated with other development applications;
amendment to the text of this title or official zone district map or subdivision review or
certain GMQS exemptions alone.
(1) Public hearings by commission. After receipt of the written report and
recommendations of the planning director for a development application for GMQS
scoring in conjunction with a development application for a conditional use, special
review, ESA, subdivision review or amendment to the text of this ti~e or official zone
district map, or amendment to the text of this title or official zone district map or
subdivision review or certain GMQS exemptions alone, the commission, after public
notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the commission shall determine if
the development application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, 26.88.040(c) for subdivision or Section 26.92.020 for an amendment to the text of
this title or the official zone district map, whichever is applicable. The commission shall
adopt a development order approving, approving with conditions, or denying that part of
the application pertaining to conditional uses, special review and ESA, subject to
approval by the city council of the GMQS allotment for the application. The commission.
shall recommend approval, approval with conditions or disapproval of the application for
subdivision review or for amendment to the text of this title or the official zone district
map or for certain exemptions from GMQS. Concurrently, the commission shall
determine the points accumulated by the application for GMQS pursuant to the standards
of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score
to the city council. If a development application for a GMQS exemption is heard alone,
there shall be no requirement for a public hearing.
(2) Hearing/public hearing by city council. Having received the
recommendation of the scoring of the development application by the commission, the
city council shall allocate GMQS allotments among eligible applicants in the order of
priority established by their rank. If a development application for an amendment to the
text of this title or the official zone district map is consolidated with a GMQS application,
or is heard alone, the city council shall consider the consolidated applications at a public
hearing, after public notice pursuant to Section 26.52.060(E). If a development
application for subdivision review or a GMQS exemption is heard alone, there shall be no
requirement for a public hearing.
6. Two-step HPC review: Development applications for significant
development in a H, Historic Overlay District or of a historic landmark property listed on
the Inventory. of Historic Sites and Structures requiring consolidation with no other
2O
development application. Review and approval of a development application for
significant development in a H, Historic Ove~ay District or of a historic landmark
property listed on the Inventory of Historic Sites and Structures only requires review and
approval of a conceptual development plan by the HPC and review and approval of a
final development plan by the HPC.
a. Public hearing on conceptual development plan by HPC. After receipt of
the written report and recommendation of the planning director for a conceptual
development plan for significant development in a H, Historic Overlay District or of a
historic landmark property listed on the Inventory of Historic Sites and Structures, the
HPC, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to
review the application. At the conclusion of the public hearing, the HPC shall determine
if the development application meets the standards of Section 26.72~010(D), and shall
approve, approve with conditiQns, or deny the conceptual development plan.
b. Hearing for review of final development plan by HPC. After receipt of the
written report and recommendation of the planning director for a final development plan
for significant development in a H, Historic Overlay District or of a historic landmark
property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a
hearing to review the final development plan. At the conclusion of the hearing the HPC
shall consider the recommendation of the planning director, determine if the final
development plan is consistent with the conceptual development plan, determine if the
final development plan meets the standards of Section 26.72.010(D), and adopt a
development order approving, approving with conditions, or disapproving the
application.
7. Three-step HPC, commission, and city council review: Designation of H,
Historic Overlay District or historic landmark. Review and approval of a development
application for designation of a H, Historic Ove~ay District, or of a historic landmark
requires review and recommendation by the HPC and commission, and a final decision
by the city council pursuant to the following terms and procedures.
a. Hearing by HPC. After receipt of the written report and recommendations
of the planning director regarding a development application for designation, amendment,
or rescission of H; Historic Overlay District or of a historic landmark designation, the
HPC shall hold a hearing to review the application. At the conclusion of the hearing, the
HPC shall determine if the development application meets the standards of Section
26.76.020, and shall recommend that a development order be adopted approving,
approving with conditions, or disapproving the application.
b. Public hearing by the commission. After recommendation of the
development application by the HPC, the commission, after public notice pursuant to
Section 26.52,060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the commission shall determine if the development
application meets the standards of Section 26.76.020, and shall recommend to the city
council that a development order be adopted approving, approving with conditions, or
disapproving the application. Also, if applicable, the commission shall concurrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, or Section 26.100.040 for certain GMQS exemptions and shall adopt a development
21
order approving, approving with conditions, or disapproving that part of the application
pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to
approval by the city council of the development application designating the property.
c. Public hearing by city council. After recommendation on the development
application by the commission, the city council, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the city council shall consider the recommendations of the planning
director, the ttPC, and the commission, determine if the development application meets
the standards of Section 26.76.020, and adopt a development order approving, approving
with conditions, or disapproving the application. If applicable, the council shall also
determine if the application meets the standards of Section 26.100.040.
8. Four-step commission and council review: SPA or PUD only; SPA or
PUD consolidated with other development applications. Review and approval of a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for GMQS and GMQS exemption or conditional uses, special
review, ESA, subdivision review or an amendment to the text of this title or the official
zone district map, require review and approval under a four-step process involving review
and approval of a conceptual development plan by the commission and city council, and
review and approval of a final development plan by the commission and city council.
a. Conceptual development plan review by the commission. After receipt of
the written report and recommendation of the planning director for a development
application for conceptual development plan approval, the commission shall hold a
hearing to review the conceptual development plan. At the conclusion of the hearing, the
commission shall recommend approval, approval with conditions, or denial of the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
or whichever is applicable. The recommendation shall then be forwarded to the city
council for its review. If the development application is being considered as pan of a
consolidated review process with development applications for GMQS or GMQS
exemption, subdivision review, an amendment to the text of this title or the official zone
district map, or conditional use, special review, or ESA, initial review of these
applications will not be heard until the commission and city council consider the final
development plan. Provided, however, that at the request of the applicant, an amendment
to the text or this title or the official zone district map may be considered in conjunction
with conceptual development plan review, but final actions on such development
applications shall not be taken until review and approval of the final development plan is
undertaken.
b. Conceptual development plan review by city council. After receipt of the
recommendations of the commission for a development application for the conceptual
development plan, the city council, after public notice pursuant to Section 26.52.060CE),
shall hold a public hearing to ~eview the conceptual development plan. At the conclusion
of the hearing, the city council shall approve, approve with conditions, or disapprove the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
whichever is applicable.
c. Review of final development plan and other consolidated development
applications by the commission. Within one year of approval by the city council of a
22
conceptual development plan, a development application shall be submitted for a final
development plan or the development order for the conceptual development plan shall
automatically expire. After receipt of the written report and recommendation on the final
development plan ~:om the planning director, the commission, after public notice
pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the
application pertaining to the final development plan, and if applicable, development
applications for GMQS scoring or exemption, an amendment to the ten of this title or the
official zone district map, or conditional use, special review, and ESA. At the conclusion
of the hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), wlfichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or disapproving the final development plan. If
applicable, the commission shall also concurrently determine the points accumulated by
the application for GMQS pursuant to the standards of Section 26.100,060(E), (F) or (G),
whichever is applicable, and shall forward the score to the city council. If applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or
disapproval of a development application requesting subdivision review and amendment
to the text of this title or the official zone district map. Also, if applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.60.040 for conditional uses, Section 26.64.040 for special review, or Section
26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving,
approving with conditions, or disapproving that part of the application pertaining to
conditional uses, special review and ESA, subject to approval by the city council of the
final development plan and the GMQS allotment.
d. Hearing/public hearing on final development plan and other consolidated
development applications by the city council. After receipt of the recommendation on the
final development plan, GMQS scoring or exemption, subdivision review, amendment to
the text of this rifle or the official zone district map from the commission, the city council
shall hold a hearing to review that part of the application pertaining to the final
development plan, 0MQS allotment or exemption, subdivision review or amendment, if
applicable. At the conclusion of the hearing, the city council shall deterre'me if the final
development plan meets the standards of Section 26.80.030(B) (SPA), or Section
26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order
approving, approving with conditions, or disapproving the final development plan. Ifa
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing pursuant to
public notice required in Section 26.52.060(E), and shall determine if the application
meets the standards of Section 26.92.020, and shall adopt a development order' approving,
.. approving with conditions, or disapproving the application. Ifa development application
for GMQS is being reviewed, the city council shall allocate GMQS allotments among
eligible applicants in the order of priority established by their rank or shall determine if
the application meets the standards of Section 26.100.040(C). If a development
application for subdivision is being reviewed, the city council shall determine if the plat
23
meets the standards of Section 26.88.040(c) and adopt a development order approving,
approving with conditions or disapproving the application. · ·
9. Six-step HPC, commission, and council review: Significant development
in H, Historic Ove~ay District or of historic landmark a property listed on the Inventory
of Historic Sites and Structures in conjunction with SPA or PUD, only; or consolidated
with other development applications. Review and approval of a development application
for significant development in a H, Historic Ove~ay District or of a historic landmark a
property listed on the Inventory of Historic Sites and Structures in conjunction with a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for'GMQS allotment or exemption, subdivision review, an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, or ESA, require review and approval under a six-step process involving
review and approval of the historical district application by the HPC, review and approval
of a conceptual development plan by the commission and city council, and review and
approval of a final development plan by the commission and city council.
a. Public hearing on conceptual development plan for significant
development. After receipt of the written report and recommendation of the planning
director for a conceptual development plan for significant development in a H, Historic
Overlay District or of a hiztoric landmark property listed on the Inventory of Historic
Sites and Structures, and after public notice pursuant to Section 26.52.0600E), the HPC
shall hold a public hearing to review the conceptual development plan and
recommendations of the planning director. At the conclusion of the public hearing, the
HPC shall determine if the conceptual development plan meets the standards of Section
26.72.010(D), and shall approve, approve with conditions, or disapprove the conceptual
development plan.
b. Conceptual development plan review by the commission. After HPC
review of the conceptual development plan for significant development in a H, Historic
Overlay District or of a historic landmark property listed on the Inventory of Historic
Sites and Structures, and after receipt of the written report and recommendation of the
planning director for a development application for conceptual development plan
approval for SPA or PUD, the commission shall hold a hearing to review the conceptual
development plan. At the conclusion of the hearing, the commission shall recommend
approval, approval with conditions,. or disapproval of the conceptual development plan
pursuant to Section 26.80.03003) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable. The recommendation shall then be forwarded to the city council for its
review. If the development application is being considered as pan of a consolidated
review process with development applications for GMQS allotment or exemption,
subdivision review, or an amendment to the text of this title or the official zone district
map, or conditional uses, special review, or ESA, initial review of these applications will
not be heard until the commission and city council consider the final development plan.
.Provided, however, that at the request of the applicant, an amendment to the text of this
title or the official zone district map may be considered in conjunction with conceptual
development plan review, but final actions on such development applications shall not be
taken until review and approval of the final development plan is undertaken.
24
c. Public hearing on conceptual development plan review by city council.
After receipt of the recommendations of the commission for a development application
for the conceptual development plan, the city council, after public notice pursuant to
Section 26.52.060(E), shall hold a public heating to review the conceptual development
plan. At the conclusion of the heating, the city council shall approve, approve with
conditions, or disapprove the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable.
d. Hearing for final HPC review. That portion of the development application
pertaining to the final development plan for significant development in a H, Historic
Ove~ay District or of a historic landmark property listed on the Inventory of Historic
Sites and Structures shall be reviewed after the commission and city council review of the
conceptual development plan for any consolidated development application, and prior to
final development plan review by the commission and the city council for the
consolidated applications. It shall be reviewed by the HPC pursuant to the following
procedures After receipt of the written report and recommendation of the planning
director for a final development plan for significant development in a H, Historic Overlay
District or a historic landmarl; property listed on the Inventory. of Historic Sites and
Structures, the HPC shall hold a heating to review the final development plan. At the
conclusion of the heating, the HPC shall consider the recommendation of the planning '
director, determine if the final development plan is consistent with the conceptual
development plan, determine if the final development plan meets the standards of Section
26.72.010(D), and adopt a development order approving, approving with conditions, or
denying the application, subject to approval by the city council of the final development
plan for the consolidated development applications.
e. Public hearing on commission review of final development plan and other
consolidated development applications. After HPC review of the final development plan
for significant development in the H, Historic Overlay District or of a historic lundmark
property. listed on the Inventory of Historic Sites and Structures, and after receipt of the
written report and recommendation on the final development plan from the planning
director for SPA, or PUD, and if applicable, a development application for GMQS
scoring or exemption, an amendment to the text of this title or the official zone district
map, or conditional uses, special review, and ES.A, the commission, after public notice
puBuant to Section 26.52.060(D), shall hold a public hearing to review that part of the
application pertaining to the final deyelopment plan, the GMQS application, the
amendment application, and the other applications, if applicable. At the conclusion of the
hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or denying the final development plan. If
applicable, the commission shall concurrently determine the points accumulated by the
application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), and
shall forward the score to the city council. If applicable, the commission shall also
determine if the application meets the standards of Section 26.88.040(C) and 26.92.020,
and recommend approval, approval with conditions, or disapproval of a development
application requesting subdivision review and amendment to the text of this title or the
25
official zone district map. Also, if applicable, the commission shall concurrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for
ESA, and shall adopt a development order approving, approving with conditions, or
denying that part of the application pertaining to conditional uses~ special review and
ESA, subject to approyal by the city council of the final development plan, amendment,
or the GMQS allotment.
f. Hearing on city council review of final development plan and other
consolidated development applications. After receipt of the recommendation on the final
development plan, or GMQS scoring f~om the commission, the city council shall hold a
hearing to review that part of the application pertaining to the final development plan,
GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the
conclusion of the hearing, the city council shall determine if the final development plan
meets the standards of Section 26.80.030(B) (SPA), or Section 26,84.030(B) (PUD),
whichever is applicable, and shall adopt a development order appmving, approving with
conditions, or disapproving the final development plan. If a development application for
GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments
among eligible applicants in the order of priority established by their rank or shall
determine if the application meets the standards of Section 26.100.040(C). If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing with public
notic~ pursuant to Section 26.52.060(E), before considering the consolidated applications.
In reviewing the amendment application, the city council shall determine if it meets the
standards of Section 26.92.020, and approve, approve with conditions, or disapprove the
application. Ira development application for subdivision is being reviewed, the city
council shall determine if the plat meets the standards of Section 26.88.040(c) and shall
adopt a development order approving, approving with conditions or disapproving the
application.
B. Modification of review procedures. In the event that an applicant believes
that the previously listed review procedures do not directly address the development
being contemplated, or that there are other unusual circumstances, the applicant may,
pursuant to Chapter 26.92, request an interpretation by the planning director as to the
appropriate review procedures for the proposed development.
C. General heating procedures. The following general procedures shall apply
to the conduct of all hearings regarding the review of a development application by
decision-making bodies.
1. Oath or afirenation. Tesfnmony and evidence shall be given under oath or
by affirmation to the body conducting the heating.
2. Rights of all persons. Any person or persons may appear at a public
hearing and submit evidence either individually or as a representative of another person -
or an organization Anyone representing another person oF an organization must present
written evidence of their authority to speak .on behalf of the person or the organization in
regard to the matter under consideration. Each person who appears at a public hearing
shall be identified and, if appearing on behalf of another person Or an organization, state
the name and mailing address of the person or the organization.
26
3. Due order of proCeedings. the decision-making body conducting the
hear'rag may exclude testimony or evidence that it finds to be irrelevant, immaterial or
unduly repetitious. Any person may ask relevant questions of other persons appearing as
witnesses, but shall do so only through the discretion of the chairman or mayor. The order
of proceedings shall be as follows:
a. The planning agency staff shall present a narrative and graphic description
of the development application.
b. The planning agency staff shall present a written and oral
recommendation. This recommendation shall address each factor required to be
considered by this title and the Aspen Area Comprehensive Plan prior to development
approval and shall be made available to the applicant submitting the development
application at least two (2) working days prior to the hearing.
c. The applicant shall present any information that it deems appropriate, and
shall demonstrate that public notice has been given, if required.
d. Public testimony shall be heard, first in favor of the development
application, then in opposition to it.
e. The planning agency staff may respond to any statement made by the
applicant or any public comment.
f. The applicant may respond to any testimony or evidence presented by the
planning agency staff or public,
4. Testimony. In the event any testimony or evidence is excluded as
irrelevant, immaterial or unduly repetitious, the person offering such testimony or
evidence shall have an opportunity to make a proffer in regard to such testimony or
evidence for the record. Such proffer may be made at the hearing or in writing within
fifteen (I 5) days after the close of the hearing.
5. Continuance of hearing. The decision-making body conducting the hearing
may, on its own motion or at the request of any person, continue the hearing to a fixed
date, time and place. No notice shall be required ira hearing is continued. An applicant
shall have the right to request and be granted one continuance; however, all subsequent
continuances shall be granted at the discretion of the decision-making body conducting
the hearing~ only upon good cause shown. All adjourned public hearings shall commence
only upon the giving of all notices which would have been required were it the initial call
of the public hearing.
6. Other rules to govern, Other matters pertaining to the public heating shall
be governed by other provisions of the Municipal Code of the City of Aspen, Colorado,
applicable to the decision-making body conducting the hearing and its adopted rules of
procedure, so long as the same are not in conflict with this chapter. The city's decision-
making bodies may adopt rules of procedure to limit the number of development
applications which may be considered at a hearing,
7. Record.
a. Records of hearing. The body conducting the heating shall record the
proceedings by any appropriate means which shall be transcribed at the request of any
person.
b. Record. The transcript of oral proceedings, including testimony and
statements of personal opinions, the minutes of the secretary, all applications, exhibits
27
and papers submitted in any proceeding before the decision-making body, the report and
recommendation of tl-fe planning agency staff, and the decision and report of the decision-
making body shall constitute the record.
c. Public recordi. All records of decision-making bodies shall be public
records, open for inspection at reasonable times and upon reasonable notice.
D. Actions by decision-making bodies. All decision-making bodies shall act
in accord with the time limits established in this title. Action shall be taken as promptly
as possible in consideration of the interests of the citizens of the City of Aspen. E. Public notice.
1. General. Prior to a public hearing on a development application, notice
shall be provided to the public, pursuant to the terms of this section. Table 6-101
establishes the steps in the development review process at which time notice is to be
given.
2. Content of notice. Every notice shall include the name and address of the
applicant, the type of development application sought, date, time and place of the hearing,
the address and legal description of the subject property if applicable, a summary of the
development application under consideration, and identification of the decision-making
body conducting the hearing and such other information as may be required to fully
apprise the public of the nature of the application.
3. Manner of notice. Every notice shall be given in one or more of the
following manners, as specified in Section 26.52.060(E)(4).
, a. Publication of notice. Publication of notice shall be provided by the
planning agency at least fifteen (15) days prior to the public heating through publication
in an official paper or a paper of general circulation in the City of Aspen in the legal
notice section. The Content of the notice shall be that described in Section
26.52.060(E)(2).
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the planning agency, which shall be posted at least
ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the
property subject to the development application. The sign shall be made of suitable,
waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and shall be composed of letters not less than one inch in height. The
content of the notice shall be that described in Section 26.52.0600E)(2).
c. Mailing of notice. Mailing of notice shall be made by the applicant, who
shall obtain a copy of the notice from the planning agency, which shall contain that
information described in Section 26.52.0600E)(2). At least ten (10) days prioi to the
public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least
five (5) days if sent by hand delivery, to all owners of property within three hundred
(300) feet of the property subject to the development application, and at least fifteen (15)
days prior to the public hearing, notice shall be sent by first class, postage pre-paid U.S.
mail or hand delivery to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi-governmental agency that owns property
within three hundred (300) feet of the property subject to the development application.
The names and addresses of property owners shall be those on the current tax records of
28
Pitldn County as they appeared no more than sixty (60) days prior to the date of the
public hearing.
4. Required notices. Notice of hearing to the public for a development
application shall take the following form.
a. Development application for permitted uses, special review, ESA, GMQS
exemptions. subdivision exemptions (other than for a lot split) or minor development in
/4 an "H." HistoriC' Overlay District or involving a property listed on the Inventory. of
Historic Sites and Structures. A development application for a permitted use,
development subject to special review, GMQS exemption, development in an
environmentally sensitive area (ESA) or minor development in H, Historic Overlay
District or involving a property listed on the Inventory of Historic Sites and Structures
requires no notice to the public prior to review.
b. Development application for conditional uses and variances. A
development application for a conditional use or a variance requires mailing of notice and
posting of notice pursuant to Section 26.52.060CE)(3)(b) and (c).
c. Development application for significant development in t4 an "H."
Historic Overlay District; demolition in 14 an "H," Historic Overlay District; development
in or designation of specially planned area (SPA); planned unit development (PUD);
amendments to official zone district map unless for entire city; subdivision exemption for
lot split; designation of Historic Ove~ay District or historic landmarks; growth
management quota system (GMQS). Significant development in a H, Historic Overlay
District or of a historic landmark property listed on the Inventory of Historic Sites and
Structures, development, demolition of a historic landmark or of a structure ratca as a
or a "5" by the HPC in its evaluation of the inventory of historic sites and structures
property listed on the Inventory of Historic Sites and Structures, designation of a
specially planned area (SPA), planned unit development (PUD), amendments to the
official zone district map unless for the entire city, subdivision exemption for lot split,
destination of Historic Ove~ay District or historic landmarks, and growth management
quota system (GMQS) review requires publication of nntice, posting of notice and
mailing of notice pursuant to Section 26.52.060(E)(3)(a), (b) and (c).
d. Amendment to the text of this title. Amendment to the text of this title
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) for Planning and
Zoning Commission public hearing and ordinance adoption procedures for City Council
public hearing.
e. Development application for subdivision. Subdivision review requires
publication of notice and mailing of notice pursuant to Section 26.52,060(E)(3)(a) and(c)
and notice by registered mail to all surface owners, mineral owners and lessees of mineral
owners of the property subject to the development application.
f. Any development application which will cover five (5) acres or more of
-. land. Any development application which will cover five (5) acres or more of land
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) and mailing of
notice to the Colorado Land Use Commission, the state geologist, and the Pitldn County
Commissioners. In addition, a development application for subdivision approval also
requires notice by registered mail to all surface owners, mineral owners and lessees of
mineral owners of the property subject to the development application.
29
5. Rezoning of entire city. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this title, or
whenever the text of this title is to be amended, whether such revision be made by repeal
of this title and enactment of a new land use regulation, or otherwise, the requirement of
an accurate survey map or other. sufficient legal desctiption of, and the notice to and
listing of names and addresses of owners of real property in the area of the proposed
change, shall be ~i, aived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (15) days prior to
the public hearing on such amendments. (Ord. No.' 13-1993 § 3; Ord. No. 56-1994, § 13:
Code 1971, § 6-205)
Chapter 26.72
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR
I1VVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES
Sections:
' 26.72.010 Minor development, significant development, and exemptions.
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation.
26~72.030 Insubstantial amendment of development order.
26.72.040 Appeal and call up.
26.72.050 Variances.
26.72.060 Minimum maintenance requirements.
26.72.010 Minor development, significant development, and exemptions.
A. General. Any development within an "H," Historic Overlay Distridt, or
development involving a historic landmark property listed on the Inventory of Historic
Sites and Structures must be reviewed in accordance with the provisions of this Seciion
26.72.010 and Common Procedures, Chapter 26.52, unless exempted by the community
deyelopmeut director under Section 26.72.010 (C). If not exempted, development is
categorized as minor or significant development which must obtain approval of the HPC.
Minor development review and approval is a one-step process and requires no public
hearing. Significant development must go through a conceptual and final development
plan review and approval process, with a public hearing occurring at the time of
conceptual development plan review.
B. General prohibition. No development shall be permitted within the "H," Historic
Overlay District, or involving a historic landmark property listed on the Inventory of
Historic Sites and Structures unless: .-
1. The development is not subject to the provisions of this section; or
2. The development is exempted pursuant to Section 26.72.010(C); or
3. The development is approved by the HPC as either minor or significant
development pursuant to the procedures outlined in Common Procedures, Chapter 26.52,
because it meets the standards of Section 26.72.010(D).
3O
C. Exemption.
1. Development which is not subject to the provisions of this section shall include
any interior remodeling of a structure, repainting of the exterior of an already painted
structure, and choice of color of any exterior architectural feature. Such development
shall not require the review by the community development director or HPC, and shall
proceed directly to building permit review, when a building permit is required for the
development.
2. Development which the community development director shall exempt from HPC
review shall include repair of existing architectural features, replacement of architectural
features when found necessary for the preservation of the structure, and similar
remodeling activities which create no change to the exterior appearance of the smacture
and have no impact on its character. The community development director shall exempt
awnings, canopies, fences, mechanical equipment or other similar attachments to, or
accessory features of a structure, provided however, that in the process of erecting said
attachments, none of the significant features of the structure are destroyed or permanently
removed. Incidental destruction or limited removal necessary to erect any attachment
shall not make the action significant development. The community development director
shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the
Commercial Core, the community development director shall exempt any insignificant
changes in the site design of an individual property, such as paving and new street
furniture. The Community Development Director shall exempt any development required
for compliance with the Americans with Disabilities Act when it affects a noniaistoric
structure in the "H," Historic Overlay District, and has no significant impact on the
character of the structure. For any of the exemptions listed above, the Community
Development Director may place conditions on the exemption which are relevant to
mitigation of impacts to the affected historic site or structure or to adjacent historic sites
or structures. An appeal of a Community Development Director exemption is to the
historic preservation commission. The Community Development Director may also
determine that any of the above applications are more appropriately reviewed by HPC as
a minor development, because of significant effects upon historic resources.
3. Before any proposed development can be considered for an exemption under the
provisions of this section, an application for exemption shall be submitted to the
Community Development Director in the form provided by the Community Development
Director.
D. Review standards for all development in the "H," Historic Overlay District, and
all development involving historic landmarks properties listed on the Inventory of
Historic Sites and Structures.
1. Development in the "H," Historic Overlay District, and all development involving
historic landmarks properties listed on the Inventory of Historic Sites and Structures. No
approval for any development in the "H," Historic Overlay District, or involving ~.iztcric
!~.dm^~c!:: properties listed on the Inventory of Historic Sites and Structures shall be
granted unless the HPC finds that all of the following standards are met.
a. The proposed development is compatible in general design, massing and volume,
scale, and site plan with designated historic structures located on the parcel and with
development on adjacent parcels when the subject site is in an "H," Historic Overlay
31
District, or is adjacent to an historic landmark. For historic landmarks where proposed
development would extend into front yard, side yard and rear yard setbacks, extend into
the minimum distance between buildings on the lot or exceed the allowed floor area by
up to five hundred (500) square feet or the allowed site covered by up to five (5) percent,
HPC may grant such variances after making a finding that such variation is more
compatible in character with the historic landmark and the neighborhood, than would be
development in accord with dimensional requirements. In no event shall variations
pursuant to this section exceed those variations allowed under the Cottage lnfill Program
for detached accessory dwelling units, pursuant to section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
preservation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than nine thousand (9,000) square feet and properties which receive
approval for an historic landmark lot split may also be appropriate recipients of the
bonus. No development application which includes a request for an FAR bonus may be
submitted until the applicant has met with HPC in a workshop format to discuss whether
or not the proposal might qualify for the floor area bonus, prior to design; and
b. The proposed development reflects and is consistent with the character of the
neighborhood of the parcel proposed for development; and
c. The proposed developmen~t enhances or does not detract from the historic
significance of designated historic structures located. on the parcel proposed for
development or adjacent parcels; and
d. The proposed development enhances or does not diminish or detract from the
architectural character and integrity of a designated historic structure or part thereof.
2. Additional development guidelines. The City Council, upon recommendation of
the HPC, shall established additional guidelines for use by HPC in the review of all
development in an "H," Historic Overlay District, and involving historic landmarks
properties listed on the Inventory of Historic Sites and Structures, in accordance with the
procedures in Chapter 26.08. E. Minor development.
1. Procedure for review. Before HPC approval of minor development in the "H."
Historic Overlay District, and of all development involving historic landmarlcs properties
listed on the Inventory of Historic Sites and Structures a development application shall be
submitted to the Community Development Director and reviewed and approved by the
HPC pursuant to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Minor development shall be defined as follows:
a. Remodeling of a structure where alterations are'made to no more than one (1)
element of the structure, including but not limited to a roof, window, door, skylight,
ornamental trim, siding, kickplate, dormer, porch, staircase, and balcony;
b. Expansion or erection of a structure wherein the increase in floor area of the
structure is two hundred fifty (250) square feet or less; or
c. Erection or remodeling of combinations of, or multiples of no more than three (3)
of the following features: awnings, canopies, signs, fences and other similar attachments;
or windows, doors, skylights and dormers. Erection of more than three (3) of the above
32
listed features may be defined as minor if there is a finding that the cumulative irapact of
such development is minor in its effect on the character of the existing structures.
· d. Erection of street furniture, signs, benches, public art, or similar development
which is to be placed throughout the Commercial Core or Main Street Historic Districts.
The Community Development Director may determine that the development is to be
reviewed as a significant development, pursuant to section 26.72.010(F). Public hearing
requirements will not apply.
3. Application. A development application for minor development shall include the
following:
a. The general application information required in section 26.52.030.
b. If determined appropriate by the Community Development Director, a site plan or
survey showing property boundaries and predominant existing site characteristics.
c. An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
d. A scale drawing of the proposed development in relation to any existing structure.
e. A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and character of the neighborhood.
F. Significant development.
1. Procedure for review. Before HPC approval of significant development within an
"H," Historic Overlay District, and of all .development involving historic landmarks
properties listed on the Inventory of Historic Sites and Structures, a conceptual
development plan and final development plan shall be reviewed and approved by the
HPC pursuant to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Significant development shall be defined as follows:
a. Erection of an awning, canopy, sign, fence or other similar attachments to, or
accessory features of, a structure that, in the process of erecting, cause significant features
of the structure to be permanently destroyed or removed;
b. Erection or remodeling of combinations of, or multiples of any single feature of a
structure which has not been determined to be minor;
c. Expansion or erection of a structure wherein the increase in floor area of the
structure is more than two hundred fifty (250) square feet;
d. Construction ofa new stmcture within a "H," Historic Overlay District; and
e. The development of any property which is listed on the inventory of historic sites
and structures and which has received approval for demolition or off-site relocation when
a development plan has been required by the HPC pursuant m section 26.72.020(J)(5).
3; Conceptual development plan.
a. Development application for conceptual development plan. A development
' application for a conceptual development plan shall include the following:
(1) The general application information required in section 26.52.030.
-. (2) A site plan and a survey showing property boundaries and predominant existing
site characteristics.
(3) COnceptual selection of major building materials to be used in the proposed
development.
(4) A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and/or character of neighborhood.
33
(5) Scale dra~wings of all elevationsof any proposed structures, including a roof plan.
(6) A visual description of the neighborhood context through at least one (1) of the
following: diagrams, maps, photographs, models, or streetscape elevations, with the
intent to provide HPC with the necessary information without adding excessive costs to
the applicant.
b. Effect of approval of conceptual development plan, Approval of a conceptual
development plan shall not constitute fmal approval of significant development or
permission to proceed with development. Such approval shall constitute only
authorization to proceed with a development application for a final development plan.
c. Limitation on approval of conceptual development plan. Application for a final
development plan shall be filed within one (1) year of the date of approval of a
conceptual development plan. Unless an extension is granted by HPC, failure to file such
an application shall render null and void the approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
a. Submission of application for final development plan. A development application
for a final development plan shall include:
(1) The general application information required in section 26.52.030.
(2) Reserved.
(3) An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
(4) Finalized drawings of the proposal at 1/4" = 1'0 scale.
(5) A statement of the effect of the details of the proposed development on the
original design of the historic structure (if applicable) and character of the neighborhood.
(6) A statement of how the final development plan conforms to the representations
made during the conceptual review and responds to any conditions placed thereon.
G. Historic Landmark Lot Split. The development of all lots created pursuant to
section 26.88.030 (A)(5) shall be reviewed by HPC at a public heating. (Ord. No. 6-1989,
§ 9; Ord. No. 60-1990, § 3; Ord. No. 21-1995, § l(part);Ord. No. 49-1995, § 4; Ord. No.
33-1997, §. 1: Code 1971, § 7-601)
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or
temporary relocation.
A. General. No demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation of any structure included in the Inventory of Historic Sites and
Structures of the City of Aspen, established pursuant to section 26.76.090, or any
structure within an "H" Historic Overlay District, shall be permitted unless the
demolition, partial demolition, off-site reloeation, on-site relocation, or temporary
relocation is approved by the HPC because it meets the applicable standards of section
26.72.020CB), (C), (D), CE), or (F) urdess exempted pursuant to section 26.72.020(G) or
(H). For the purposes of this section, "demolition" shall mean the total razing of any
structure on an inventoried parcel which contributes to the historic significance of that
parcel. "Partial demolition" shall mean the razing of a portion of any structure on an
34
inventoried parcel or the total razing of any structure on an inventorled parcel which does
not contribute to the historic significance of that parcel.
B. Standards for review of demolition. No approval for demolition shall be granted
unless the H_PC finds that all of the following standards are met.
1. The structure proposed for demolition is not structurally sound despite evidence
of the owners efforts to properly maintain the structure; and
2. The structure cannot be rehabilitated or reused on site to provide for any
reasonable beneficial use of the property; and
3. The structure cannot be practicably moved to another site in Aspen; and
4. The applicant demonstrates that the proposal mitigates to the greatest extent
practical, the following:
a. Any impacts that occur to the character of the neighborhood where demolition is
proposed to occur.
b. Any impact on the historic significance of the structure or structures located on
the parcel and adjacent parcels.
c. Any impact to the architectural character and integrity of the structure or
structures located on the parcel and adjacent parcels.
C. Standards for review of partial demolition. No approval for partial demolition
shall be granted unless the HPC finds all of the following standards are met:
1. The partial demolition is required for the renovation, restoration or rehabilitation
of the structure, or the structure does not contribute to the historic significance of the
parcel; and
2. The applicant has mitigated, to the greatest extent possible:
a. Impacts on the historic significance of the structure or structures located on the
parcel by limiting demolition of original or significant features and additions.
b. Impacts on the architectural character or integrity of the structure or structures
located on the parcel by designing new additions so that they are compatible in mass and
scale ~4th the historic structure.
D. Standards for review of off-site relocation. No approval for off-site reloeation
shall be granted unless the HPC finds that all of the following standards are met:
1. The structure cannot be rehabilitated or reused on its original site to provide for
any reasonable beneficial use of the property; and
2. The relocation activity is demonstrated lobe the best preservation method for the
character and integrity of the structure, and the historic integrity of the existing
neighborhood and adjacent structures will not be diminished due to the relocation; and
3. The structure has been demonstrated to be capable of withstanding the physical
impacts of the relocation and re-siting. A structural report shall be submitted by a
licensed engineer demonstrating the soundness of the structure proposed for relocation;
and
· - 4. A relocation plan shall be submitted, including posting a bond or other financial
security with the Engineering Department, as approved by the HPC, to insure the safe
relocation, preservation and repair (if required) of the structure, site preparation and
infrastructure connections. The receiving site shall be prepared in advance of the physical
relocation; and
35
5. The receiving site is compatible in nature tothe structure or structures proposed to
be moved, the character of the neighborhood is consistent with the architectural integrity
of the structure, and the relocation of the historic structure would not diminish the
integity or character of the neighborhood of the receiving site. An acceptance letter from
the property owner of the receiving site shall be submitted.
E. Standards for review of on-site reloeation. No approval for on-site relocation shall
be granted unless the HPC finds that the standards of Section 26.72.020(D)(2), (3), and
(4) have been met. If the structure that is to be relocated does 'not contribute to the historic
significance of the parcel, only standard 26.72.020(I))(2) must be met.
F. Standards for review of temporary relocation. No approval for temporary
relocation shall be granted unless the HPC finds that the standards of Section
26.72.020(D)(3) and (4) have been met.
G. Exemption for structures within an "H," Historic Overlay District. The
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay District, may be exempt
from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the
HPC finds that the following conditions have been met:
1. The structure is not identified on the Inventory of Historic Sites and Structures.
2. The structure is considered to be noncontributing to the historic district.
3. The structure does not contribute to the overall character of the historic district,
and that its demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation does not impact the character of the historic district.
4. The demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation is necessary for the redevelopment of the parcel.
5. The redevelopment or new development is reviewed by HPC pursuant to Section
26.72.010.
H. Exemption for structures which do not contribute to the historic significance of an
inventoiled parcel. A structure which does not contribute to the historic significance of an
inventoried parcel is exempt from meeting the standards of Section 26.72.020(D), off-site
relocation and Section 26.72.020(F), temporary relocation.
I. Procedure for review. A development application shall be submitted to the
community development director before HPC approval of demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption which shall be
reviewed and approved by the HPC pursuant to the procedures established in Common
Procedures, Chapter 26.52.
The HPC shall be authorized to suspend action on demolition, partial demolition, off-
site relocation, or on-site relocation applications when it finds that it needs additional
information to deterre'me whether the application meets the standards of Section
26.72.020 or that the proposal is a matter of such great public concern to the city. that
alternatives to the demolition, partial demolition, off-site relocation or on-site relocation
must be studied jointly by the city and the owner. Alternatives which the HPC may
consider having studied shall include, but not be limited to finding economically
beneficial uses of the structure, removal of the structure to a suitable location, providing
public subsidy to the owner to preserve the structure, identifying a public entity capable
of public acquisition of the structure, or revision to the demolition, partial demolition,
36
off-site relocation or on-site relocation and development plan. The HPC shall be required
to specify the additional information it requires or the alternatives it finds should be
studied when it suspends action on the demolition, partial demolition, off-site relocation,
or on-site relocation application. Action shall only be suspended for the amount of time it
shall take for the necessary information to be prepared and reviewed by the community
development director, but in no case shall suspension be for a period to exceed six (6)
months.
J. Application for demolition, partial demolition, off-site relocation, on-site
mlocation, or temporary relocation. A development application shall include the
following. Applications which affect a structure which does not contribute to the historic
significance of the parcel shall only include the submission requirements listed in Section
26.72.020(3)(1), (2), and (5):
1. The general application information required in Section 25.62.030.
2. A written description of the structure proposed for demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption, and its year of
construction.
3. A report from a licensed engineer or architect regarding the soundness of the
structure and its suitability for rehabilitation.
4. For demolition or off-site relocation only: An economic feasibility report that
provides:
a. Estimated market value of the property on which the structure lies~ in its current
condition, and after demolition or ~elocation.
b. Estimates from an architect, developer, real estate agent or appraiser experienced
in rehabilitation addressing the economic feasibility of rehabilitation or reuse of the
structure proposed for demolition or relocation.
c. All appraisals made of the property on which the structure is located made within
the previous two (2) years.
d. Any other information considered necessary to make a determination whether the
property does yield or may yield a reasonable return on investment.
5. For demolition, partial demolition, off-site relocation and on-site relocation only:
A development plan and a statement of the effect of the proposed development on the
other structures on the property and the character of the neighborhood around the
property shall be submitted so that HPC is able to make a finding whether the applicable
standards are met. In the case of a demolition or off-site relocation, the development plan
will be reviewed as a Significant Development application, pursuant to Section
26.72.010.
K. Application for demolition or exemption from demolition, partial demolition, off-
site relocation, on-site relocation, or temporary relocation. A development application for
exemption shall include all items specified in Section 26.72.020(3)(1) and (2).
.. L. Penalties. A violation of any portion of this Section 26.72.020 shall prohibit the
owner, successor or assigns from obtaining a building permit for the affected property for
a period of five (5) years from the date of such violation. The city shall initiate
proceedings to place a deed restriction on the property to this effect to insure the
enforcement of this penalty. (Ord. No. 17-1989, § 1; Ord. No. 9-1991, § 1; Ord. No. 21-
1995, § l(part): Code 1971, § 7-602)
37
26.72.030 Insubstantial amendment of development order.
A. An insubstantial amendment to an approved development order may be
authorized by the comrnurfity development director. An insubstantial amendment shall be
limited to technical or engineering considerations, first discovered during actual
development which could not reasonably be anticipated during the approval process. An
insubstantial amendment'shall be defmed as a change in shape or location of a single
window, awning, door, staircase or other feature on the structure or use of a material
made by a different manufacturer that has the same quality and approximately the same
appearance as originally approved.
B. All other amendments shall be approved by the HPC pursuant to Section
26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, § l(part): Code
1971, § 7-603)
26.72.040 Appeal and call up.
A. Any action by the HPC in approving, approving with conditions, or
disapproving a development order or suspending action on a demolition, partial
demolition, off-site relocation, or on-site relocation application or in rating a structure on
the inventory of historic sites and structures may be appealed to the city council by the
applicant or a landowner within three hundred (300) feet of the subject property within
thirty (30) days of the decision. The masons for the appeal shall be stated in writing.
The city council may also call up for review any decision of the HPC approving,
disapproving, or suspending action on a demolition, partial demolition, off-site
relocation, or on-site reloeation of any structure on the inventory of historic sites and
structures by serving written notice on the HPC within fourteen (1 '1) thirty. (30~ days of
the HPC's decision and notifying the applicant of the call up. Notice of the HPC
decision will be provided to Council in the form of the approved resolution.
B. Within thirty (30) days after the date of a decision by the HPC which is
appealed or called up by the city council, the council shall hold a public hearing after
publishing notice pursuant to Section 26.52.060 (E)(3)(a).
C. The city council shall consider the application on the record established
before the HPC. The city council shall affirm the decision of the HPC unless the city
council shall determine that there was an abuse of discretion, or a denial of due process
by the HPC. Upon determining that there was an abuse of discretion or denial of due
process, the city council shall be authorized to take such action aS it shall deem necessary
to remedy said situation, including but not limited to reversing the decision, altering the
conditions of approval, changing the length of time during which action on a demolition,
partial demolition, off-site relocation, or on-site relocation application has been
suspended or the terms of the suspension, or remanding the application to HPC for
rehearing. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, § l(part): Code 1971, § 7-604)
26.72.050 Variances.
The board of adjustment shall not take any action on a development application
for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or
development affecting a historic landmark property listed on the Inventory of Historic
38
Sites and Structures, without receiving a written recommendation from the HPC. (Ord.
No. 21-1995, § l(part): Code 1971, § 7-605)
26.72.060 Minimum maintenance requirements.
A. Purpose. The intent of this section is to reduce the incidence of
"demolition by neglect."
B. Requ'~rements. All buildings and structures identified in the inventory of
historic Sites and structures as described in Section 26.76.090, and all structures located
within a historic district, shall be maintained to meet the requirements of the Uniform
Conservation Building Code (UCBC) and the Uniform Building Code CUBC). Said
structures shall receive reasonable care, maintenance and upkeep appropriate for the
preservation, protection, enhancement, rehabilitation, reconstruction, perpetuaf~on or use
in compliance with the terms of this chapter.
Every owner or his designated agent in charge of such building or structure shall
keep in good repair:
1. All of the exterior portions of such improvements.
2. All interior portions thereof which, if not so maintained, may cause or tend
to cause the exterior portions of such improvements to deteriorate, decay or become
damaged or otherwise fall into a state of disrepair.
The historic preservation commission, on its own initiative, may file a petition
with the chief building official requesting that said official proceed under the provisions
of this section to require correction of defects or repairs to any structure covered by this
chapter so that such structure shall be preserved and protected in consonance with the
purpose of this chapter.
C. Demonstration of hardship. Any owner of a structure identified in the
inventory of historic sites and structures which HPC and the chief building official finds
requires such maintenance and repairs as described in this section may make application
requesting from the city council a one-time, no interest loan, in an amount not to exceed
ten thousand dollars ($10,000.00), which the owner shall agree to pay back to the city
within ten (10) years or when the property is sold or the title is transferred, whichever is
the soonest. An extension of the payment period may be granted by the city council,
following written request by the owner.
To be eligible for the loan, the owner shall submit a written request to the
community development director, which shall include a description of the proposed
repairs necessary to maintain the historic structure and approximate costs for such repairs.
The loan request shall also demonstrate economic hardship which previously prohibited
these repairs and that the loan amount is the minimum necessary to maintained the
stmcture.
The loan request shall be considered by the city council. Any loan granted by the
council shall be administered through the community development director, who shall
· - obtain copies of bills from the owner substantiating all expenditures made to. maintain the
structure with monies obtained from the loan.
D. Penalties waived. The general penalties for violations of the Aspen
Municipal Code contained in Chapter 1.04, Section 1.04.080, shall not apply to violations
of these minimum maintenance requirements. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, §
l(,part): Code 1971, § 7-606)
39
ASPEN PLANNING & ZONING COMMISSION OCTOBER 06, 1998
Muckenhirn felt there were two major design challenges; the street facing garage
and the inflection. He said an ADU could be eliminated along with the parking.
He requested feedback on that garage design. Tygre stated that it was clear the
commission would not grant the variances; if more input would be needed from
the commission, then a work session should be scheduled.
Blaich reiterated that staff would be helpful. Buettow encouraged one driveway
and stated the 5 standards for garages: off the alley, 10' back from the from of the
building, facing the side (not the street), covered in the front, not front facing.
PUBLIC HEARING:
CODF, AMEN~I)MENT. SECTION 26.20.30, 26.52 and 26.72,ttlSTORIC
PRESERVATION
Jasmine Tygre opened the public hearing and requested proof of notice. Amy
Guthrie, staff, stated the proof was published in the newspaper and would bring a
copy to the deputy city clerk prior to the end of the meeting. This was done.
Guthrie explained the historic and landmark public hearing process had conceptuaI
and final review which allowed for neighborhood and public input. She said there
was a distinction in the preservation process that existed and needed to be ·
corrected. Properties that were historic but not landmark, on the historic
inventory, have a much different process. Generally their review consisted of a
partial demolition without a public hearing, no requirement to review
neighborhood compatibility which doesn't work. Guthrie stated these were the
reasons for the code amendment before the commission. She apologized for the
length of the amendment, but this followed the code eliminating the distinction
between landmarks and non-landmarks. Now any property with historic
significance will go through the same process. Guthrie noted if this was approved
it would be effective immediately; if council did not overturn the approval.
Ron Erickson asked when the number of properties changed. Julie Ann Woods
stated the inventory was updated every five years. Guthrie explained that the
property goes through HPC and P&Z public hearings and then to City Council to
be adopted by ordinance.
Roger Hunt expressed concern with the demolition standards, in particular that
non-conformities had the ability to rebuild in setbacks. He questioned allowing
the use of historic designation for non-conformities of an essentially new non-
ASPEN PI,ANNING & ZONING COMMISSION OCTOBER 06,1998
historic building. Guthrie responded that was not specific to historic structures but
the code stated a building could be demolished and re-built with the same non-
conformities within a year. Guthrie said that issue was not addressed. Hunt stated
the problem was with voluntary demolition not involuntary demolition with
continuation of a non-conformity. He asked if this would be addressed in the
demolition code. WoOds replied that would be addressed in the up-date of the
land use code scheduled for the 1999 work program. She said that staff had
recognized this problem showing the need for update of the code.
Tygre asked if the voluntary demolition not continuing a non-conformity could be
added onto this code amendment. Woods replied it could not because of noticing
and that change would affect all zone districts. She said it would be proper to
handle the change in the entire code amendment.
Tim Semrau inquired about the feedback from the property owners. Guthrie
answered there was no feedback from the public. She said the amendment was
discussed at the symposium and HPC. Woods stated that as a result of the
symposium, the inventory would be reviewed in a more comprehensive way.
Hunt supported what Tygre said and since historic structures were more likely to
have non-conformities, why not add the language now. Guthrie stated there was
an urgency to this code amendment because there were 2 ItPC cases under the
partial demolition review standards which were a problem on every project. She
said it would be better to bring forward the non-conformities section as a code
amendment separately from the HP code amendments. Bob Blaich stated that he
would be in favor of that with fast action pending. Woods suggested P&Z move
on this amendment now and request staff to bring, forward a code amendment on
the non-conformities.
Tim Mooney stated concern also about the code amendments. He said as the
definition for historic structure was expanded, considering ski era buildings as
historic, for example added to the possible exemptions to be considered. He said
the entire incentive program should be reviewed. Guthrie stated there were copies
of the symposium summaries available for anyone who wanted them. It was a
wholesale look at the program. Woods stated they were looking at entire changes,
No public comments.
MOTION: Roger Hunt moved to forward a recommendation of
approval to City Council for the proposed code amendments Section
9
ASPENPI ,ANNING & ZONING COMMISSION OCTOBER 06. 1998
26.20.30, 26.52 and 26.72 related to historic inventory properties, as
described in "Exhibit B," of the memo provided from Amy Guthrie
dated October 6, 1998, and incorporated into P&Z Resolution 98-30;
moved to request Council direct staff regarding the voluntary
demolition with continuance of non-conformities and review the
incentive program for historic properties. Ron Erickson second.
APPROVED 7:0.
PUBLIC HEARING:
735 WEST BLEEKER - CONDITIONAL USE 2 - ADUs. SPECIAL
REVIEW, LANDMARK
Jasmine Tygre, Vice Chair, opened the public hearing and requested proof of
notice. Amy Guthrie, staff, stated the notice was provided but the list was not.
She said an HPC applicant was able to provide the notice the next day prior to 5
p.m. Tygre stated this was unfair and requirements had to apply equally to all
applicants. The applicants, Drew Dolan and Rich Pasack stated the list was across
the street at their office. Tygre asked the applicants to get the list prior to
proceeding with the public hearing.
Tygre stated there needed to be a more appropriate way to deal with this problem
of providing proof of notice at the meeting. Julie Anne Woods and Jackie Lothian
discussed the problem and Woods stated this would be dealt with at the staff level
prior to meetings and public hearings.
The public hearing resumed at 6:40 with proper notice and lists meeting
jurisdictional requirements.
Guthrie stated this had similarities to the last hearing but not the same areas of
concern. It was a historic property behind the Christian Science building with an
existing historic miner's cottage. The existing cottage was approximately t084 sf
on an R-6 lot which had the potential to triple with an addition. Guthrie noted that
was an inappropriate solution being over-scaled; the option of a duplex or 2 single
family homes was a better solution as a conditional use. She said the original
application had a duplex; HPC encouraged 2 detached units cutting down the
scale. Guthrie stated there was no additional floor area permitted for this type of
development. There was a required ADU in the basement of one unit and a
requested voluntary ADU in the other unit.
10
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} ss. TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 26.52.060 (E)
L --~r~ C~c-_~ ,b~ingorre~presentingan
AppLicant to the City of Aspen. personally certify that I have complied with the public notice
requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regt~ations in the
following manner.
1. By mailing of notice, a copy of which is areashed hemto. by first-class. postage
prepaid U.S. Mail to all ownera of prOperty within three hundred (300) feet
of the subject property, as indicated on the .nn~ched list, on the Dg, day of
d'j,~,~d-~,-, 199_~which is ] c~ days prior to the public hearing date ofZ2~,.
2. By posting a sign in a conspicuous place on the subject property (as it could be
A- ' seen from the nearest public way) and thor the said sign was posted and visible
~Lt---' ~-c'~''~ continuously from the day of ,199_. (Must be posted for
(_/,9~.~ . at least ten (t0) full days before the hearing Mat,.). A photo.m'aph of the posted
sign is attached hemto.
(Attach photograph hem) Signature
Si~med before me this ~--~J) day
'F~ct,~e,~ ,19~t~by
Public
RED BUTTE CEMETEK, ThE ASPEN INSTITUTE ..~C SAKPA JOHN G & JAN JONES
STAPLETON JANE - C/O 1333 NEW HAMPSHIRE AVE NW STE SAP, PA DR JR &MARY
67 I~EMOND PL 1070 515 S GALENA ST
SNOWMASS VILLAGE, CO 81615 WASHINGTON, DC 20036 ASPEN, CO 81611
FERGUSON JAMES L REED PRESLEY O
FERGUSON ESTHER B AS JOINT FORD MERRILL M
TENANTS PO BOX 445 REED PATRICIA
PO BOX 1457 ASPEN, CO 81612 999 8TH ST
BOULDER4 CO 80302
CHARLESTON, SC 29402
ASPEN INSTITUTE 1NC BELL MOUNTAIN PARTNERS LTD SAVANAH LIMITED PARTNERSHIP
PO BOX 222 PARTNERSHIP ASPEN MEADOW LOT 7
222 N LAS SALLE STE 2000 1925 CENTURY PARK E STE 1900
QUEENTOWN, MD 21658
CHICAGO, IL 60601 LOS ANGELES, CA 90067
SAVANAH LIMITED PARTNERSHIP
HORSEY SUSAN H BERGER BRUCE
ASPEN MEADOW LOT 8
330 W GILLESPIE ST 960 CHIEROKEE
1925 CENTURY PARK E STE 1900
LOS ANGELES, CA 90067 ASPEN, CO 81611 DENVER, CO 80204
BECK NEIL H FINrKELSTEIN RICHARD & CARIA
BECK PAMELA L AS TENANTS IN CRAIG CAROL G CAROLE C 50%
COMMON PO BOX 18 9034 BURROUGHS RD
515 W GILLESPIE ST WOODY CREEK, CO 81656
LOS ANGELES, CA
ASPEN, CO 81611
OAK LODGE LLC
DAGGS JAMES K & GAY C/O WXLLIAM O HUNT ALTEMUS E A PARTNERSHIP LLLP
640 N 3RD ST PO BOX 7951 640 N 3RD ST
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611
PHELPS MASON MAROLT MAXWELL S
201 S LAKE AVE STE 408 PO BOX 1013
PASADENA, CA 91101 ASPEN, CO 81612
609 CORPORATION
THALBERG KATHARiNE A COLORADO CORPORATION HALL CHARLES L
434 W SMUGGLER ST PO BOX 1819 PO BOX 1819
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
HUGHES GAIL ASPEN HISTORIC COTTAGES LLC ISRAEL CHARLES B
302 E HOPKINS AVE 601 E HYMAN AVE #102 PO BOX 11689
~PEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
STAPLETON DAVID E & DON N ZEISLER KARL
CORDMAN LINDA K STAPLETON DARKELL L & SPEER ZEISLER JOAN C
10777 N 60TH ST BILLEE LOU 426 N SECOND ST
OMAHA, NE 68152 1350 MOUNTAIN VIEW DR ASPEN, CO 81611
ASPEN, CO 81611
PO BOX 465 10777 N 60TH ST 25 POLO CLUB CIR
ASPEN, CO 81612 OMAHA, NE 68152 DENVER, CO 80209
GONGDON THOMAS E &NOEL MANCLARK Q P RESIDENCE TRUST
TRUSTEES OF THE GLENN SALLY RAE MANCLARK WILLIAM & DARLEEN
GONGDON QUALIFIED PERSONAL 504 W HALLAM AVE TRUSTEES
RES TRUST ASPEN, CO 81611 3 13 E BAY FRONT
1776 LINCOLN ST STE 1 I00 BALBOA ISLAND, CA 92662
DENVER, CO 80203
ALDER'WOOD SECURITIES LTD ASPEN CENTER FOR EMERSON LTD
PACOR SECOMA SAM 248D ENVIRONMENTAL STUDIES SV~rEENEY C/O
PRINCESS CHARLOTTE MC 98000 100 PUPPY SMITH ST 533 W HALLAM
MONACO, ASPEN, CO 81611 ASPEN, CO 81611
DOLAN ANDREW C 50% COULTER G LYNNIE GRIFFITH ANGELINE M
735 W BLEEKER ST PO BOX L3 530 WALNUT ST
ASPEN, CO 816I t ASPEN, CO 81612 ASPEN, CO 81611
JANSS MARY 1992 REVOCABLE
KRUIDENIER DAVID & ELIZABETH S GRIFFITH ANGELINE M
LIVING TRUST
1667 FAIRMONT BLVD 3409 SOUTHERN HILLS DR 530 WALNUT ST
EUGENE, OR 97403 DES MOINES, IA 50321 ASPEN, CO 81611
DENKINS JAMES D GRIFFITH ANGELINE M BENNINGHOFF ESTHER
PO BOX 718 4043 SHORE LN 530 WALNUT ST 233 W HALLAM AVE
BOCA GRANDE, FL 33921 ASPEN, CO 81611 ASPEN, CO 81611
CROCKETT ANN R TRUSTEE OF THE
GRIFFITH ANOELINE M SMART PAMELA
PRICE'LIVING TRUST
530 WALNUT ST 335I WOODHAVEN RD
10898 MORA DR
ASPEN, CO 81611 ATLANTA, GA 30305
LOS ALTOS HILLS, CA 94024
FROST MONA ILGEN EILEEN L &JACK D & ELOISE ANSON WESTON T &SUSAN BAILEY
C/O CNB TRUST REAL ESTATE ILGEN IN JOINT TENANCY TRUSTEE OF
CNDT2311 518 W MAIN ST ANSON FAMILY LIVING TRUST
PO BOX 5168 ASPEN, CO 81611 PO BOX 8472
DENVER, CO 80217 LA JOLLA, CA
BUSH ALAN DAVID & STEVEN KRUM'M DONALD PAUL BERR LLC
210 E HYMAN AVE STE 7 PO BOX 874 611 W MAIN ST
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 8161
YOUNG DENNIS & ANDREA DE WOLF NICHOLAS BERKO FERENC & MIRTE
PO BOX 133 233 W BLEEKER ST PO BOX 360
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
F (' f r
KET'II=LKAMP GRETTA M BROCKWAY LEXIE
3408 MORK!S AVE 7714 FISH:ER ISLAND DR
PUEBLO, CO 81008 FISHER ISLAND, FL
PEVEHOUSE DON D & ANN W WILLE O LOUIS & FRANCES BROWN ROBERT STICKLER &
LYNETTE 32% INT SANDRA LEA
PO BOX 7757
200 W MAIN ST 1115 20TH ST
ASPEN, CO 81612
ASPEN, CO 81611 WEST DES MOINES, IA 50265
WATSON DIANE B PARZYBOK WILLIAM G JK ELDER NELS RErNHAKD ESTATE OF
ELDER JANET C
121 W BLEEKER ST 11514 W OAKMONT DK
202 N MONARCH ST
ASPEN, CO 81611 MUKILTEO, WA 98275
ASPEN, CO 81611--
GOLDSTEIN GERALD H & CI-{RISTFNE HAYES MARY ESHBAUGH TRUST CROSBY EWALD H
S HAYES MARY ESHBAUGH TRUSTEE GETTMAN ROSA
PO BOX 2045 PO BOX 497 325 S FOREST ST
ASPEN, CO 81612 ASPEN, CO 81612 DENVER, CO 80222
FRANKEL KATHY REVOCABLE
CHISHOLM EDITH 1/2 INT BARNETT SAUL H &SALLY A
TRUST
205 W MAIN ST 200 W HOPKINS AVE
ASPEN, CO 81611 ASPEN, CO 81611 534 WDICKENS
CHICAGO, IL 60614
DODARO CHKISTINE M THALBERG KATHARINE MOORE ALBERTA L
930 MATCHLESS DR 221 E MAIN ST 0603 MAROON CRK RD
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
DEAN MARY EIvlMA PETERSON SHIRLEY H LIVING TRUST BECKER ALAN K
PO BOX 8035 1909 E RIVER PKWAY PO BOX 119
ASPEN, CO 81612 MINNEAPOLIS, MN 55414 WOODY CREEK, CO 81656
KEY JOHN MULLINS MARGARET ANN SEIDER DENNIS J & LEAH E
6475 MI2MOSA LN 1909 FOREST PKWY 26642 LATIGO SHORE DR
DALLAS, TX 75230 DENVER, CO 80220 MALIBU, CA 90265
BISHOP ALBERT &PEARL NPJ PARTNERS LLC LA COCINA INC
202 S GAKMISCH ST 317 PARK AVE PO BOX 4010
· ,ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
WIRTH PETER TARBET JOSEPH R
WIRTH JANET B TARBET BARBARA P SANDS CASTLE LLC
PO BOX 9525 980 GIBSON AVE 8258 E DEL CADENA
ASPEN, CO 81612 ASPEN, CO 81611 SCOTTSDALE, AZ 85265
CONNER WARREN .t & CLAUDE CONNER MARGARET A
M(4/20THS EACH) 534 E HOPKINS AVE ROSS HOWARD
PO. BOX 114
534 E HOPKINS AVE ASPEN, CO 81611
ASPEN, CO 81612
ASPEN, CO 81611
BIBBIG DIETER WHEELER BLOCK BLrILDING LLC
PO BOX 175 TKG MANAGEMENT INC C/O
ASPEN, CO 81612 1001 CHERRY ST STE 308
COLUMBIA, MO 65201
WOODS RANSOM B JR & JUSTINE F BOGAERT FAMILY TRUST BIBBIG DIETER
PO BOX 12288 PO BOX 1166 PO BOX 175
ASPEN, CO 1~1612 ASPEN, CO 81612 ASPEN, CO 81612
WALTON W R OKIE THEODORE E &KATHERINE S KOUTSOUBOS TED A
PO BOX 665 7t9 E HOPKINS AVE 419 E HYMAN AVE
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
KOUTSOUBOS TED A KOUTSOUBOS TED A KOUTSOUBOS TED A
419EHYMANAVE 419EHYMANAVE 419EHYMANAVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
LANE WILLIAM HENRY KOUTSOUBOS TED A KOUTSOUBOS TED A
PO BOX 346 419 E HYMAN AVE 419 E HYMAN AVE
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
KOUTSOUBOS TED A KOUTSOLrBOS TED A KOUTSOUBOS TED A
419 E HYMAN AVE 419 E HYMAN AVE 419 E HYMAN AVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
KOUTSOUBOS TED A KOUTSOUBOS TED A KOUTSOUBOS TED A
419EHYMANAVE 419EHYMANAVE 419EHYMANAVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
KOUTSOUBOS TED A KOUTSOUBOS TED A KOUTSOUBOS TED A
419 E HYMAN AVE 419 E HY1vIAN AVE 419 E HYMAN AVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
KOUTSOUBOS TED A GATES JOHN S KOUTSOUBOS TED A
419 E HYMAN AVE 811 E HOPKINS AVE 419 E HYMAN AVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
GATES JOHN S KOUTSOUBOS THEODORE A KOUTSOUBOS THEODORE A
811 E HOPKINS AVE 419 E HYMAN AVE 4t9 E HYMAN AVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
KOUTSOUBOS TED A KOUTSOUBOS TED A MOONEY TIMOTHY
419 E HYMAN AVE 419 E HYMAN AVE PO BOX 8931
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
SPARLING JOAN MARGUERITE
HYMAN STREET LLC TRUST PIERCE ANITA M
3201 S TAMARAC DR STE 200 SPARLING JOAN MARGUERITE AS PO BOX 3202
DENVER, CO 80213 TRUSTEE ASPEN, CO 81612
300 PUPPY 'SMITH ST #205-220
ASPEN, CO 81611
MARX LAWRENCE TOWER CHARLES D RYMEK PATRICIA A
PO BOX 7915 PO BOX 3014 PO BOX 1737
ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612
CALDWELL KARl A JUAN STREET HOUSING COMMON BAILEY LILIANN E &
CALDWELL GRANT L AREA BAILEY BKIAN L AS JT TENANTS
107 JUAN ST ASPEN/PITYjN COUNTY HOUSING 117 RJAN ST
ASPEN, CO AUTHORITY ASPEN, CO 81611
530 E MAIN ST
ASPEN, CO 81611
FLETCHER KAREN K &
CHRISTENSEN CINDY MCCAKTNEY CHARLES H
FLETCF[ER JAY R AS JT TENANTS
109 JUAN STREET PO BOX 3476 PO BOX 12106
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612
CUMNOCK CHERYL L &
CUMNOCK ROBERT E AS JT MURRAY JOYCE K PEARLSTEIN DAVID BLUEFIELD
TENANTS PO BOX 352 1006 E COOPER AVE
115 JUAN STREET ASPEN, CO 81612 ASPEN, CO 81611
ASPEN, CO
ART REALTY
MERANZE ARLENE LUM SUSAN
C/O MARK TYE
6234 PIDCOCK CREEK RD PO BOX 1571
HEW HOPE, PA 18938 ASPEN, CO 81612 PO BOX 8992
ASPEN, CO 81612
COLLIN STEVE
400 MC SKIMMING KID
ASPEN, CO 81611
ASPEN GROVE CEMETARY ASSOC
C/O MARKALUNAS RAMONA
624 NORTH ST
ASPEN, CO 81611
V~ISE MARY CDH UTE CO
1280 UTE AVE 1280 UTE AVE
ASPEN, CO 81611 ASPEN, CO 81611
CDH UTE CO
CHESLEY PAUL A CDH UTE CO
A COLORADO CORP
1280 UTE AVE STE 5 PO BOX 94 1280 UTE AVE
ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611
FALLIN KICHARD ALDEN FALLIN RICHARD ALDEN
WISE MARY
FALLIN PAT FINLEY FALLIN PAT FINLEY
1280 UTE AVE
905 CHATFIELD KID 905 CHATFIELD RD
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
FALLIN RICHARD ALDEN
WISE MARY Ol 1~ MIKE 60% INT
FALLIN PAT FrNLEY
t280 UTEAVE 1280 UTE AVE
905 CHATFIELD RD
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
OTTE MIKE 60% INT WISE MARY O£ 1~ MIKE 60% INT
1280 UTE AVE 1280 UTE AVE 1280 UTE AVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ..
SALVADORE TERESA Oi IE MIKE 60% INT O'I'IE MIKE 60% INT
0129 FREE SILVER CT 1280 UTEAVE 1280 UTEAVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
GIBSON DYLAN J GIBSON DYLAN J
1280 UTE AVE 1280 UTE AVE
ASPEN, CO 81611 ASPEN, CO 81611
GORDON MARIE FABIENNE
GIBSON DYI.,AN J
IESSEMIE BENEDICT
1280 UTE AVE
1452 CRYSTAL LAKE RD
ASPEN, CO 81611 ASPEN, CO 81611
LEFKOWITZ BAP,,KY AND NORDIN
Ol 1t: MIKE 60% INT O'1 ii~ MIKE 60% INT MONIQUE
1280 UTE AVE 1280 UTE AVE HORN MICHAEL AND HORN
ASPEN, CO 81611 ASPEN. CO 81611 P.O. BOX 10973
ASPEN, CO 8161'2
REESE JOHN W FALLIN RICHARD ALDEN
WISE HUGH D III
BEHRHORST DAVID G AS TEN IN 0252 HEATHER LN FALLIN PAT FINLEY
COMMON 905 CHATFIELD RD
1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81611
ASPEN, CO 81611
...ABIENNE .. "' ·.
C/O HOLLAND & HAKT ATTN ART
D,~ILY
600 E MAIN ST
ASPEN, CO 81611
PUBLIC NO t ICE ·
lIE: CITY OF ASPEN CODE ANiENDMENT
NOTICE IS H]~REBY GIVEN that a public heating will be held on Monday, January I I, 1999 at
a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130
S. Galena St., Aspen, to consider an amendmere to Sections 26.20, 26.52. and 26.72 of the Aspen
Municipal Code, regarding review ofpropetties listed on the "Inventory 0fHistoric Sites and
· Structures." For further information, contact Amy Guthrie at the AsperffPitkin Communiw'
Development Department, 130 S. Galena St., Aspen, CO (.970) 920-5096, amYg@ci.aspe'n. co.us.
s/John Bennett. Mayor
Aspen City Council.
Published in the Aspen Times on December 26, 1998
City of Aspen Account
ORDINANCE NO. 44
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION :26.:20.030
POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION,
SECTION 26.5:2 COMMON DEVELOPMENT REVIEW PROCEDURES, AND
SECTION :26.72 DEVELOPMENT IN AN "H," HISTORIC OVERLAY
DISTRICT, OR INVOLVING THE INWENTORY OF HISTORIC SITES AND
STRUCTURES
WHEREAS, The Community Development Department received from the
Historic Preservation Commission a recommendation for an amendment to the land use
regulations, regarding certain text amendments to Chapter 26 relating to Section
26.20.030 Powers and Duties of the Historic Preservation Commission, Section 26.52
Common Development Review Procedures, and Section 26.72 Development in an "H,"
Historic Overlay District, or involving the Inventory of Historic Sites and Structures; and
WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments
to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and
recommended for approval by the Planning Director and then by the Planning and Zoning
Commission at a public hearing, and then approved, approved with conditions, or
disapproved by the City Council at a public hearing; and
WHEREAS, the Community Development Department reviewed the proposal
and recommended approval; and
V~rltEREAS, the Planning and Zoning Commission reviewed the application at a
prope~y noticed public hearing on October 6, 1998, at which the Commission approved
the proposed text amendment by a vote of 7-0; and
WHEREAS, the City Council finds that the text amendment as proposed is
consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal
Code and meets the review standards of Section 26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That Section 26.20.030 Powers and Duties of the Historic Preservation Commission shall
be amended to read as follows:
26.20.030 Powers and duties.
The historic preservation commission (HPC) shall have the following powers and
duties:
A. Recommendation of approval or disapproval to the commission and the
city council of the designation of H, Historic Overlay District or Historic Landmark,
under Chapter 26.76;
B. Review and approval, approval with conditions, suspension or disapproval
of development with the H, Historic Overlay District or development involving properties
listed on the Inventory of Historic Sites and Structures, under Chapter 26.72;
C. Review and approval, approval with conditions, suspension or disapproval
of demolition, partial demolition, on-site, off-site, or temporary or relocation involving
properties listed on the Inventory of Historic Sites and Structures, as periodically
amended under Chapter 26.72;
D. 'Periodic evaluation of the inventory of Historic Sites and Structures, under
Chapter 26.72;
E. Recommendation of approval, approval with conditions, or disapproval to
the board of adjustment on a request for variance in the H, Historic Overlay District or
involving properties listed on the Inventory of Historic Sites and Structures, under
Chapter 26.72;
F. Recommendation of the ci,ty council of Historic DisPel and Historic
Landmark Development Guidelines, under Chapter 26.72;
G. Recommendation to the commission to initiate amendments to this
chapter; and
H. To hear and approve, approve with conditions, or disapprove variations
under Chapter 26.72. (Ord. No. 60-1989, § 1: Code 1971, § 4-403)
Section 2:
That Section 26.52 Common Development Review Procedures shall be amended to read
as follows:
Chapter 26.52
COMMON DEVELOPMENT REVIEW PROCEDURES
Sections:
26.52.010 General.
26.52.020 Pre-application conference.
26.52.030 Application and fees.
26.52.040 Initiation of development application.
26.52.050 Determination of completeness and review by the planning director.
26.52.060 Review of a development application by decision-making bodies.
26.52.070 Certificate of compliance and building permit issuance.
26.52.080 Vested property rights.
26.52.010 General.
Chapter 26.52 sets out the common procedures for review of all development
applications. These common procedures apply to the following types of land
development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional
uses (Chapter 26.60), development subject to special review (Chapter 26.64),
development in envir0nmentally sensitive areas (ESA) (Chapter 26.68), development or
demolition in H, Historic Overlay Districts or of properties included on the Inventory of
Historic Sites and. Structures (Chapter 26.72), designation of H, Historic Overlay Districts
or Historic Landmarks (Chapter 26.76), development in or designation of specially
planned areas (SPA) (Chapter 26.80), planned unit developments (PUD) (Chapter 26.84),
subdivision review (Chapter 26.88), review of amendments to the text of this chapter or
the official zone district map (Chapter 26.92), and growth management quota system
(GMQS) review (Chapter 26.100).
Generally, for proposed development that is subject to these provisions, the
process of development follows five (5) stages: (1) A pre-application conference between
the applicant and the planning agency staff; (2) submission of the development
application and fees by the applicant; (3) determination of completeness and review of
the development application by the plarming director; (4) review of the development
application by the relevant decision-making body; and upon approval of the development
application, (5) receipt of a building permit. These common development review
procedures are organized consistently with this process. A chart depicting the common
development review procedures can be found in Figure 6-101.
By far, the most lengthy and important of these five (5) stages is the review of the
development application by the relevant decision-making body or bodies. In instances
where the proposed development is simple and its potential effect on substantive land use
policy in the city relatively insignificant, the review procedure is expedited. Where the
proposed development is more complex and has a significant effect on substantive land
use policy, the review procedure is more complicated and lengthy. A chart focusing on
the review of a development application by the relevant decision-making body or bodies
is found in Figure 6-102. The development review procedures are also summarized in
Table 6-101.
The Provisions of General Applicability established in this chapter apply to all
these development applications and include procedures for pre-application conference,
application and fees, initiation of application, determination of completeness, review,
heating, decision-making, public notice, building permit issuance and vested property
rights. Unless otherwise stated, all development applications are subject to these common
review procedures. However, development which is as of right is only subject to the
building permit stage of revie~v. All other substantive development review standards and
special procedures requirements which vary from those general requirements are found in
Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable.
FIGURE 6-101:
PROCESS OF DEVELOPMENT REVIEW
3
Pre-application Conference
Submission of Development Application
Determination of Completeness of Development Application
Review of Development Application
Receipt of Building Permit
FIGURE 6-102:
DEVELOPMENT APPLICATIONS REQUIRING NO STEPS:
1. PERMITTED USES:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
2. EXEMPT HISTORIC DEVELOPMENT:
a.Reviewed by Planning Agency Staff.
No public hearing required.
3. EXEMPT ESA DEVELOPMENTL
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
4. EXEMPT GMQS DEVELOPMENT:
a. Reviewed by Planning Agency Staff.
b. No public hearing required.
DEVELOPMENT APPLICATIONS REQUIRING ONE STEP:
1. CONDITIONAL USE:
a. Reviewed b3; Planning and Zoning Commission.
b. Public hearing required.
2. SPECIAL REVIEW:
4
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
3. ESA:
a. Reviewed by Planning and Zoning Commission.
b. No public heating required.
4. EXEMPT GMQS:
a. Reviewed by Planning and Zoning Commission.
b. No public hearing required.
5. SUBDIVISION EXEMPTIONS:
a. Reviewed by City Council.
b. No public hearing required except for lot splits.
6. MINOR DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A HISTORIC
DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. No public hearing required.
7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A
PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND
STRUCTURES OR IN A HISTORIC DISTRICT:
a. Reviewed by Historic Preservation Commission.
b. Public hearing required for demolition and off-site relocation.
DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS:
1. GMQS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning Commission.
c. May be consolidated with a conditional use application, a special
review application, and/or an ESA application before the Planning and Zoning
CommisSion and with subdivision exemption application before the City Council.
2. TEXT OR MAP AMENDMENT:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before both Planning and ZOning
Commission and City Council.
3. GMQS EXEMPTIONS:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. No public hearing required.
4. SUBDIVISION REVIEW:
a. Reviewed by:
(1) Planning and Zoning Commission (refer to note 1 below),
and
(2) City Council (refer to note 2 below).
b. Public hearing required before Planning and Zoning commission.
5. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC
DISTRICT:
a. Reviewed by:
(1) Historic Preservation Commission (for conceptual review),
and
(2) Historic Preservation Commission (for final review).
6
b. Public hearing required for the conceptual review.
DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS
1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT:
a. Reviewed by:
(1) Historic Preservation Commission, and
(2) Planning and Zoning Commission (refer to notes 1 and 3
below), and
(3) City Council (refer to notes 2 and 3 below).
b. Public hearing required for Historic Preservation Commission,
Planning and Zoning Commission, and City Council.
c. May be consolidated with a conditional use application, a special
review application, an ESA application, and/or a GMQS exemption application before the
Planning and Zoning Commission. May be consolidated with a GMQS exemption
application and/or a subdivision exemption application before City Council.
DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS:
1. SPA or PUD:
a. Reviewed by:
(1) Planning and Zoning Commission (for conceptual), and
(2) City Council (for conceptual), and
(3) Planning and Zoning Commission (for final) (refer to notes
1 and 3 below), and
(4) City Council (for final) (refer to notes 2 and 3 below).
b. Public hearing required for City Council (at conceptual) and
Planning and Zoning Commission (for final).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
· ' Planning and Zoning Commission (for final). May be consolidated with GMQS
application, GMQS exemption application, subdivision review application, text or map
amendment application, and/or subdivision exemption application before City Council
(for final).
DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS:
7
1. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE
INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC
DISTRICT IN CONJUNCTION WITH SPA OR PUD:
a. Reviewed by:
· (1) Historic Preservation Commission (for conceptual), and
(2) Planning and Zoning Commission (for conceptual PUD or
SPA), and
(3) City Council (for conceptual PUD or SPA), and
(4) Historic Preservation Commission (for final), and
(5) Planning and Zoning Commission (for final PUD or SPA)
(refer to notes 1 and 3 below), and
(6) City Council (for final PUD or SPA) (refer to notes 2 and 3
below).
b. Public hearing required at Historic Preservation Commission (for
conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning
Commission (for final PUD or SPA).
c. May be consolidated with GMQS application, GMQS exemption
application, subdivision review application, text or map amendment application,
conditional use application, special review application, and/or ESA application before
Planning and Zoning Commission (for final PUD or SPA). May be consolidated with
GMQS application, GMQS exemption application, subdivision review application, text or
map amendment application, and/or subdivision exemption application before City
Council (for final PUD or SPA).
NOTES:
1. One step Commission applications can be reviewed concurrently with a
two, three, four or six step application at the step identified in the process.
2. One step Council applications can be reviewed concurrently with a two,
three, four or six step application at the step identified in the process.
3. Two Step Commission/Council applications can be reviewed concurrently
with a three, four or six step application at the step identified in the process.
ABBREVIATIONS:
ESA means Environmentally Sensitive Areas.
GMQS means Growth Management Quota System.
PUD means Planned Unit Development.
SPA means Specially Planned Area.
TABLE 6-101:
SUMMARY OF DEVELOPMENT REVIEW PROCEDURES
Type of Number of Steps Review Public Consolidate With
Development In Process Entity Hearing? Other Apps?
Application When. When.
Permitted Uses None Planning No No
Agency
Exempt Development Staff
Historic
ESA
GMQS
Conditional Use One Commission Yes--At step 1 No
Special Review Commission No No
ESA Commission No No
GMQS Commission No No
Subdivision One Council No--except lot No
Exemptions splits at Step 1
Minor DevelopmentOne HPC Yes--For No
of a property listed on Demolition Only
the Inventory of Histori~ at Step 1
Sites and Structures
or in historic district
GMQS Two Commission/Yes--At step 1 Yes--Conditional
Council Use at Step 1
9
Text or Map Commission/Yes--At Step Special Review at
Amendment Council 1 & 2 Step 1
GMQS Exemptions Commission/No ESA at
Council Step 1
Subdivision Commission/Yes- At Step 1 Subdivision
Review Council Exemption at
Step 2
GMQS Commission/Yes--At Step 1 Subdivision
Exemptions Council Exemption at
Step 2
Significant Two HPC/HPC Yes--At Step 1 No
development of
a propert>, listed on
the Inventory of
Historic Sites and
Structures
or in historic
district
Designate historic Three HPC/ ' Yes--At Step Yes--Conditional
landmark or district Commission/2 and 3 Use at Step 2
Council, Special
Review at Step 2,
ESA at Step 2,
GMQS
Exemption at Step
2&3,
Subdivision
Exemption at Step
3
SPA or PUD Four Commission/Yes--At Step Yes--GMQS
Council 2 and 3 and/or GMQS
exemption at Step
3& 4, Subdivision
Review at Step 3
& 4, Text or map
amend at Step 3 &
4, Conditional
Use at Step 3,
Special Review at
10
Step 3, ESA at -
Step 3,
Subdivision
Exemption at Step
4
Significant Six HPC/ Yes--At Step Yes--GMQS
Development of Commission/1, 3, and 5 GMQs and/or
a property listed on Council GMQS exempt.
the Inventory of at Step 5&6,
Historic Sites and Subdivision
Structures or in Historic Review at Step
District in conjunction with 5&6, Text
SPA, or PUD or map amend
at Steps 5&6,
Con& Use at Step
5, Special Review
at step 5, ESA at
Step 5,
Subdivision
Exemption at Step
6
(Code 1971, § 6-101)
26.52.020 Pre-lpplication conference.
A. General. Prior to formal filing of a development application, it is
recommended that an applicant confer with the staff of the planning agency to obtain
information and guidance. The purpose of such a conference is to permit the applicant,
the planning director and the planning agency staff to review informally a proposed
development and determine the most efficient method of development review before
substantial commitments of time and money are made in the submission of an
application.
B. Issues of discussion. Issues that may be discussed at the pr~-application
conference, may include, but are not limited to the following:
1. Proposed development. The applicant should describe the general nature
of the proposed development, including, if applicable, proposed land uses and their
densities; proposed placement of buildings, structures, and other improvements; character
and location of Common open space or treatment of public uses; preservation of natural
features; preservation of historic structures and landmarks; protection of environmentally
sensitive areas; proposed off-street parking and imemal traffic Circulation; and total
ground coverage of paved areas and structures.
2. Review procedure. The planning agency staff should identify procedural
review requirements for the proposed development, and applicable review standards and
11
terms of this title that apply to the review of the proposed development. This should
include identifying those stages of the common review procedure which apply, which
decision-making body or bodies will review the development application, and the
approximate length of the development review procedure.
3. Referral agencies. The planning agency staff should identify the city, state,
and federal agencies that are required to review the proposed development, provide the
applicant with persons at these agencies m contact about review procedures, and
generally describe the information which will be needed to satisfy the concerns of the
relevant city, state, and federal agencies.
4. Application contents. The planning agency staff should establish the
contents of the development application required to be submitted for the proposed
development. This should include descriptions of the types of reports and drawings
required, the general form which the development application should take, and the -
information which should be contained within the application.
5. Application copies and fee. The planning agency staff should identify the
number of copies of the development application that is required to be submitted for the
proposed development, along with the amount of the fee needed to defray the cost of
processing the application, and the number of hours of staff review time associated with
the fee.
At the conclusion of the conference, the applicants will be presented with a
x~Titten summary of the meeting. One copy of this written summary should be submitted
back to the planning agency at the time of submission of the development application.
(Code 1971, § 6-201)
26.52.030 Application and fees.
A. General. A development application shall be submitted in the form, and
shall include the information and materials specified for that application in this section,
and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is
required. The development application shall be accompanied by a fee, as is established
from time to time by the city council, to defray the cost of processing the application.
B. Application. All development applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone number of the
representative authorized to act on behalf of the applicant.
2. The street address and legal description of the parcel on which
development is proposed to occur.
3. A disclosure of ownership of the parcel on which development is proposed
to occur, consisting of a current certificate from a title insurance company, or attorney
licensed to practice in the State of Colorado, listing the names of all owners of the
property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's fight to apply for the DevelOpment
Application.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of
Aspen.
12
5. A site improvement survey including topography and vegetation showing
the current status of the parcel certified by a registered land surveyor, licensed in the State
of Colorado. (This requirement, or any part thereof, may be waived by the Community
Development Department if the project is determined not to warrant a survey documem.)
6. A written description of the proposal and an explanation in written,
graphic, or model form of how the proposed development complies with the review
standards relevant to the development application.
C. Consolidation of applications. If an applicant has requested the
consolidation of development applications, the director shall waive any overlapping
application submission requirements in the consolidated development application.
D. Copyrighted materials. The City of ASpen will not accept for development
application or rec0rdation purposes any materials to which copyright applications have
been made unless the applicant shall waive all claims and indemnify the city. Any person
submitting a development application shall consent that any document submitted to the
City of Aspen as part of a development application may be utilized by the city in any
manner deemed necessary, including, but not limited to, recording at the Pitkin County
Clerk and Recorder, to preserve the representations made during the development review
process. (Ord. No. 6-1989, § 8; Ord. No. 56-1994, § 12: Code 1971, § 6-202)
26.52.040 Initiation of development application.
A development application may be initiated by over fifty (50) percent of the
owners of real property of a proposeddevelopment. In addition, the city council or the
commission may initiate a development application to amend the text of this chapter or
the official zone district map (Chapter 26.92) or to designate a specially planned area
(SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a
development application to designate a H, Historic Overlay District or historic landmark
(Chapter 26.76). (Code 1971, § 6-203)
26.52.050 Determination of completeness and review by the planning director. A. Determination of completeness.
1. Submission. In order to initiate a development application, an applicant
shall submit to the planning director the number of copies of the application, containing
that information agreed upon in the pre-applieation conference or required by the relevant
provisions of this title, and accompanied by the application fee.
2. Determinafmn of completeness. After a development application has been
received, the planning director shall deterre'me whether the application is complete. If the
planning director deterre'rues that the application' is not complete, written notice shall be
served on the applicant specifying the deficiencies. The plarming director shall take no
further action on the application unless the deficiencies are remedied. If the application is
determ'med to be complete, the planning director shall notify the applicant of its
completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this chapter.
B. Review and recommendation by planning director.
1. Comments on application from city staff. When the development
application is determined complete by the planning director, copies shall be distributed to
13
appropriate city staff persons, department. s and referral agencies. Any comments shall be
returned to the planning director prior to submitting a recommendation to the applicable
decision-making body.
2. Report and recommendation. The planning director shall compile all
comments and recommendations from appropriate city staff persons, departments, and
referral agencies, and shall make a written report and recommendation to the appropriate
decision-making body on the development application. The written report and
recommendation shall state whether the application conforms to the review standards
pertaining to the relevant development approval sought, and whether it should be
approved, approved with conditions, or disapproved. The planning director shall attach
any referral agency comments to the report and recommendation.
C. Setting the hearing. After the planning director determines that a
development application is complete and a report and recommendation is completed, the
planning director shall establish a place and time certain for the hearing, if required, on
the development application, pursuant to the requirements of this section. If the hearing is
a public hearing required to be noticed, the planning director shall cause public notice to
be given pursuant to the procedure and requirements established in Section 26.52.060(E).
(Code 1971, § 6-204)
26.52.060 Review of a development application by decision-making bodies.
The following review, hearing, and notice procedures and requirements apply to
the review of a development application by the relevant decision-making bodies.
A. Review procedures. A development application, depending on what types
of development order it requests, shall be subject to one of the nine (9) review procedures
outlined below.
1. Planning agency staff review: Permitted uses, exemptions of development
in H Historic Overlay District and/or of a property listed on the Inventory of Historic
Sites and Structures, environmentally sensitive area (ESA), GMQS allotments, and
subdivision exemption for a lot line adjustment.
a. General. Review and approval of a development application for permitted
uses (Chapter 26.56) shall be made by the planning agency staff in the form of a
certificate of zoning compliance issued to the chief building official. Review and
determination of exemptions for development in the H, Historic Overlay District or of a
property listed on the Inventory of Historic Sites and Structures(Chapter 26.72), in
environmentally sensitive areas (ESA) (Chapter 26.68) or for certain GMQS Allotments
(Chapter 26.100) shall be determined by the planning director.
b. Permitted uses. A development application for a permitted use shall be
reviewed and approved, approved with conditions, or disapproved by the chief building
official pursuant to the terms and standards established in Section 26.56.020.
c. Exemptions of development in H, Historic Overlay District and/or of a
property listed on the Inventory of Historic Sites and Structures. Exemption of
development in the H, Historic Overlay District and/or of a property listed on the
Inventory of Historic Sites and Structures shall be granted by the planning director
pursuant to the terms and standards established in Section 26.72.010(C).
14
d. Exemption of development from review in environmentally sensitive area.
Exemption of development from review in environmentally sensitive areas shall be
granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or
26.68.050(B).
e. Exemptions of development from growth management quota system
(GMQS) allotment. Exemption of certain development from growth management quota
system (GMQS) allotment shall be granted by the planning director pursuant to the terms
established in Section 26.100.040(A).
f. Exemption from Subdivision for Lot Line Adjustments. Exemption of
development from the terms of subdivision for lot line adjustments shall be granted by
the Planning Director pursuant to the terms established in Section 26.88.030(A)(1)
2. One-step commission review: Development application for conditional
uses, special review, and in environmentally sensitive area (ESA) requiring consolidation
with no other development application or exemption of certain development under
GMQS. A development application for conditional uses (Chapter 26.60), development
subject to special review (Chapter 26.64), and development in an environmentally
sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development
Application and exemption of Certain development from GMQS pursuant to Section
26.100.040(B) shall be reviewed by the commission pursuant to the following
procedures.
a. Public heating by the commission for conditional uses. After receipt of the
written report and recommendation of the planning director for a conditional use (Chapter
26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a
public hearing to review the application. At the conclusion of the public hearing, the
commission shall determine if the development application meets the standards for a
conditional use (Section 26.60.040), and shall issue a development order approving,
approving with conditions, or disapproving the application.
b. Hearing by the commission for special review and ESA, and GMQS
exemption. After receipt of the written report and recommendations of the planning
director for development subject to special review (Chapter 26.64), development in
environmentally sensitive areas (ESA) (Chapter 26.68), or for a GMQS exemption
pursuant to Section 26.100.040(B), the commission shall hold a hearing to review the
application. At the conclusion of the hearing, the commission shall determine if the
development application meets the standards for special review (Section 26.64.040), ESA
(Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.100.040(B)),
whichever is applicable, and shall issue a development order approving, approving with
conditions, or disapproving the application, or exempting the development from GMQS.
3. One-step HPC review: Development application for minor development or
demolition in a H, Historic Overlay District or of a property listed on the Inventory of
· ' Historic Sites and Structures requiring consolidation with no other development
application. A development application for minor development or demolition in a H,
Historic Overlay District or of a property listed on the Inventory of Historic Sims and
Structures(Chapter 26.72) only shall be reviewed by the HPC pursuant to the following
procedures.
15
a. Hearing by HPC for minor development. After receipt of the written report
and recommendations of the planning director for minor development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
the HPC shall hold a hearing to review the application. At the conclusion of the hearing,
the HPC shall determine if the development application meets the standards of Section
26.72.010(D), and shall adopt a development order approving, approving with conditions,
or denying the application.
b. Public hearing by HPC for Demolition in H Historic Overlay District or
involving a property listed on the Inventory of Historic Sites and Structures. After receipt
of the written report and recommendation of the planning director for demolition of a
structure in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures, the HPC, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the HPC shall determine if the development application meets the
standards of Section 26.72.020(B), and shall adopt a development order approving,
approving with conditions, or disapproving the application.
4. On-step council review: Development application. for subdivision
exemption requiring consolidation with no other development application. A
development application for subdivision exemption only (Chapter 26.88 ~ shall be
reviewed by the city council pursuant to the following procedures.
a. Hearing by council for subdivision exemption. After recei ~t of the ~itten
report and recommendation of the planning director for subdivision exemption, the
council shall hold a hearing to review the application, unless the application shall be for a
lot split, which shall require a public heating for which notice has been provided pursuant
to Section 26.52.060CE~. At the conclusion of the hearing or public hearing, as applicable,
the council shall determine if the application meets the standards of Section 26.88.030,
and shall adopt a development order approving, approving with conditions or denying the
application.
5. Two-step commission and city council review: Growth management quota
system (GMQS) allonnent; subdivision review; amendment to the text of this title or the
official zone district map; and certain GMQS exemptions. Review and approval of a
development application for growth management quota system (GMQS) allotment
(Chapter 26.100), subdivision review, amendment to the text of this title or the official
zone district map and certain GMQS exemptions require review by the commission and a
final decision by the city council and may be consolidated with a development
application for a conditional use, special review or ESA. a. GMQS allotment for a permitted use.
(1) Public heating by commission. After receipt of the written report and
recommendations of the planning director for GMQS scoring for a permitted use, the
commission, after public notice pursuant to Section 26.52.060(E), shall hold a public
hearing to review the application. At the conclusion of the public hearing, the
cormmission shall determine the points accumulated by the application pursuant to the
standards of Section 26.100.060CE), (F) or (G), whichever is applicable, and shall forward
the score to the city council.
16
(2) Hearing by city council. Upon receipt of the recommendation of the
scoring of the development application by the commission, the city council shall allocate
GMQS allotments among eligible applicants in the order of priority established by their
rank.
b. GMQS allotment consolidated with other development applications;
amendment to the text of this title or official zone district map or subdivision review or
certain GMQS exemptions alone.
(1) Public hearings by commission. After receipt of the written report and
recommendations of the planning director for a development application for GMQS
scoring in conjunction with a development application for a conditional use, special
review, ESA, subdivision review or amendment to the text of this title or official zone
district map, or amendment to the text of this title or official zone district map or
subdivision review or certain GMQS exemptions alone, the commission, after public
notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the
application. At the conclusion of the public hearing, the commission shall determine if
the development application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for
ESA, 26.88.040(c) for subdivision or Section 26.92.020 for an amendment to the text of
this title or the official zone district map, whichever is applicable. The commission shall
adopt a development order approving, approving with conditions, or denying that part of
the application pertaining to conditional uses, special review and ESA, subject to
approval by the city council of the GMQS allotment for the application. The commission
shall recommend approval, approval with conditions or disapproval of the application for
subdivision review or for amendment to the text of this title or the official zone district
map or .for certain exemptions from GMQS. Concurrently, the commission shall
determine the points accumulated by the application for GMQS pursuant to the standards
of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score
to the city council. If a development application for a GMQS exemption is heard alone,
the~:e shall be no requirement for a public hearing.
(2) Hearing/public hearing by city council. Having received the
recommendation of the scoring of the development application by the commission, the
city council shall allocate GMQS allotments among eligible applicants in the order of
priority established by their rank. If a development application for an amendment to the
text of this title or the official zone district map is consolidated with a GMQS application,
or is heard alone, the city council shall consider the consolidated applications at a public
hearing, after public notice pursuant to Section 26.52.060(E). If a development
application for subdivision review or a GMQS exemption is heard alone, there shall be no
requirement for a public hearing.
6. Two-step HPC review: Development applications for significant
development in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sims and Structures requiring consolidation with no other development
application. Review and approval of a development application for significant
development in a H, Historic Overlay District or of a property listed on the Inventory of
Historic Sites and Structures only requires review and approval of a conceptual
17
development plan by the HPC and review and approval of a final development plan by
the HPC.
a. Public hearing on conceptual development plan by HPC. After receipt of
the written report and recommendation of the planning director for a conceptual
development plan for significant development in a H, Historic Overlay District or of a
property listed on the Inventory of Historic Sites and Structures, the HPC, after public
notice pursuant to 'Section 26.52.060(E), shall hold a public heating to review the
application. At the conclusion of the public heating, the HPC shall determine if the
development application meets the standards Of Section 26.72.010(D), and shall approve,
approve with conditions, or deny the conceptual development plan.
b. Hearing for review of final development plan by HPC. After receipt of the
wri~en report and recommendation of the planning director for a final development plan
for significant development in a H, Historic Overlay District or of a property listed on the
Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the
final development plan. At the conclusion of the hearing the HPC shall consider the
recommendation of the planning director, determine if the final development plan is
consistent with the conceptual development plan, determine if the final development plan
meets the standards of Section 26.72.010(D), and adopt a development order approving,
approving with conditions, or disapproving the application.
7. Three-step HPC, commission, and city council review: Designation of H,
Historic Overlay District or historic landmark. Review and approval of a development ·
application for designation of a H, Historic Overlay District, or of a historic landmark
requires review and recommendation by the HPC and commission, and a final decision
by the city council pursuant to the following terms and procedures.
a. Hearing by HPC. After receipt of the written report and recommendations
of the planning director regarding a development application for designation, amendment,
or rescission of H, Historic Overlay District or of a historic landmark designation, the
HPC shall hold a hearing to review the application. At the conclusion of the hearing, the
HPC shall determine if the development application meets the standards of Section
26.76.020, and shall recommend that a development order be adopted approving, .
approving with conditions, or disapproving the application.
b. Public hearing by the commission. After recommendation of the
development application by the HPC, the commission, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the application. At the
conclusion of the public hearing, the commission shall determine if the development
application meets the standards of Section 26.76.020, and shall recommend to the city
council that a development order be adopted approving, approving with conditions, or
disapproving the application. Also, if applicable, the commission shall concttrrently
determine if the application meets the standards of Section 26.60.040 for conditional
uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68,050 for
ESA, or Section 26.100,040 for certain GMQS exemptions and shall adopt a development
order approving, approving with conditions, or disapproving that part of the application
pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to
approval by the city council of the development application designating the property.
18
c. Public heating by city council. After recommendation on the development
application by the commission, the city council, after public notice pursuant to Section
26.52.060(E), shall hold a public hearing to review the application. At the conclusion of
the public hearing, the city council shall consider the recommendations of the planning
director, the HI'C, and the commission, determine if the development application meets
the standards of Section 26.76.020, and adopt a development order approving, approving
with conditions, or disapproving the application. If applicable, the council shall also
determine if the application meets the standards of Section 26.100.040.
8. Four-step commission and council review: SPA or PUD only; SPA or
PUD consolidated with other development applications. Review and approval of a
development application for SPA or PUD, by themselves, or in conjunction with
development applications for GMQS and GMQS exemption or conditional uses, special
review, ESA, subdivision review or an amendment to the text of this title or the official
zone district map, require review and approval under a four-step process involving review
and approval of a conceptual development plan by the commission and city council, and
review and approval of a final development plan by the commission and city council.
a. Conceptual development plan review by the commission. After receipt of
the written report and recommendation of the planning director for a development
application for conceptual development plan approval, the commission shall hold a
hearing to review the conceptual development plan. At the conclusion of the hearing, the
commission shall recommend approval, approval with conditions, or denial of the
conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B),
or whichever is applicable. The recommendation shall then be forwarded to the city
council for its review. If the development application is being considered as part of a
consolidated review process with development applications for GMQS or GMQS
exemption, subdivision review, an amendment to the text of this title or the official zone
district map, or conditional use, special review, or ESA, initial review of these
applications will not be heard until the commission and city council consider the final
development plan. Provided, however, that at the request of the applicant, an amendment
to the text or this title or the official zone district map may be considered in conjunction
with conceptual development plan review, but final actions on such development
applications shall not be taken until review and approval of the final development plan is
undertaken.
b. Conceptual development plan review by city council. After receipt of the
recommendations of the commission for a development application for the conceptual
development plan, the city council, after public notice pursuant to Section 26.52.060(E),
shall hold a public hearing to review the conceptual development plan. At the conclusion
of the hearing, the city council shall approve, approve with conditions, or disapprove the
conceptual development plan pursuant to Section 26.80.040CB) or Section 26.84.030(B),
whichever is applicable.
c. Review of final development plan and other consolidated development
applications by the commission. Within one year of approval by the city council of a
· conceptual development plan, a development application shall be submitted for a final
development plan or the development order for the conceptual development plan shall
automatically expire. After receipt of the written report and recommendation on the final
19
development plan from the planning director, the commission, after public notice
pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the
application pertaining to the final development plan, and if applicable, development
applications for GMQS scoring or exemption, an amendment to the text of this title or the
official zone district map, or conditional use, special review, and ESA. At the conclusion
of the hearing, the commission shall determine if the final development plan meets the
standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), whichever is
applicable, and shall recommend to the city council that a development order be adopted
approving, approving with conditions, or disapproving the final development plan. If
applicable, the commission shall also concurrently determine the points accumulated by
the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G),
whichever is applicable, and shall forward the score to the city council. If applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or
disapproval of a development application requesting subdivision review and amendment
to the text of this title or the official zone district map. Also, if applicable, the
commission shall concurrently determine if the application meets the standards of Section
26.60.040 for conditional uses, Section 26.64.040 for special review, or Section
26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving,
approving with conditions, or disapproving that part of the application pertaining to
conditional uses, special review and ESA, subject to approval by the city council of the
final development plan and the GMQS allotment.
d. Hearing/public hearing on final development plan and other consolidated
development applications by the city council. After receipt of the recommendation on the
final development plan, GMQS scoring or exemption, subdivision review, amendment to
the text of this title or the official zone district map from the commission, the city council
shall hold a hearing to review that part of the application pertaining to the final
development plan, GMQS allotment or exemption, subdivision review or amendment, if
applicable. At the conclusion of the hearing, the city council shall determine if the final
development plan meets the standards of Section 26.80.030(B) (SPA), or Section
26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order
approving, approving with conditions, or disapproving the final development plan. If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public heating pursuant to
public notice required in Section 26.52.060(E), and shall determine if the application
meets the standards of Section 26.92.020, and shall adopt adevelopment order approving,
approving with conditions, or disapproving the application. If a development application
for GMQS is being reviewed, the city council shall allocate GMQS allotments among
eligible applicants in the order of priority established by their rank or shall determine if
the application meets the standards of Section 26.100.040(C). If a development
application for subdivision is being reviewed, the city council shall determine if the plat
meets the standards of Section 26.88.040(c) and adopt a development order approving,
approving with conditions or disapproving the application.
9. Six-step HPC, commission, and council review: Significant development
in H, Historic Overlay District or involving a property listed on the Inventory of Historic
20
Sites and Structures, in conjunction with SPA or PUD, only; or consolidated with other
development applications. Review and approval of a development application for
significant development in a H, Historic Overlay District or of a property listed on the
Inventory of Historic Sites and Structures in conjunction with a development application
for SPA or PLrD, by themselves, or in conjunction with development applications for
GMQS allotment or exemption, subdivision review, an amendment to the text of this title
or the official zone district map, or conditional uses, special review, or ESA, require
review and approval under a six-step process involving review and approval of the
historical district application by the HPC, review and approval of a conceptual
development plan by the commission and city council, and review and approval of a final
development plan by the commission and city council.
a. Public hearing on conceptual development plan for significant
development. After receipt of the written report and recommendation of the planning
director for a conceptual development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
and after public notice pursuant to Section 26.52.060(E), the HPC shall hold a public
hearing to review the conceptual development plan and recommendations of the planning
director. At the conclusion of the public hearing, the HPC shall determine if the'
conceptual development plan meets the standards of Section 26.72.010(D), and shall
approve, approve with conditions, or disapprove the conceptual development plan.
b. Conceptual development plan review by the commission. After HPC
review of the conceptual development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures,
and after receipt of the written report and recommendation of the planning director for a
development application for conceptual development plan approval for SPA or PUD, the
commission shall hold a heating to review the conceptual development plan. At the
conclusion of the hearing, the commission shall recommend approval, approval with
conditions, or disapproval of the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. The
recommendation shall then be forwarded to the city council for its review. If the
development application is being considered as part of a consolidated review process with
development applications for GMQS allotment or exemption, subdivision review, or an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, or ESA, initial review of these applications will not be heard until the
commission and city council consider the final development plan. Provided, however,
that at the request of the applicant, an amendment to the text .of this title or the official
zone district map may be considered in conjunction with Conceptual development plan
review, but final actions on such development applications shall not be taken until review
and approval of the final development plan is undertaken.
c. Public hearing on conceptual development plan review by city council.
After receipt of the recommendations 0fthe commission for a development application
for the conceptual development plan, the city council, after public notice pursuant to
Section 26.52.060(E), shall hold a public hearing to review the conceptual development
plan. At the conclusion of the hearing, the city council shall approve, approve with
21
conditions, or disapprove the conceptual development plan pursuant to Section
26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable.
d. Hearing for final HPC review. That portion of the development application
pertaining to the final development plan for significant development in a H, Historic
Overlay District or of a property listed on the Inventory of Historic Sites and Structures
shall be reviewed after the commission and city council review of the conceptual
development plan for any consolidated development application, and prior to final
development plan review by the commission and the city council for the consolidated
applications. It shall be reviewed by the HPC pursuant to the following procedures After
receipt of the written report and recommendation of the planning director for a final
development plan for significant development in a H, Historic Overlay District or a
property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a
hearing to review the final development plan. At the conclusion of the hearing, the HPC
shall consider the recommendation of the planning director, determ'me if the final
development plan is consistent with the conceptual development plan, determine if the
final development plan meets the standards of Section 26.72.010(D), and adopt a
development order approving, approving with conditions, or denying the application,
subject to approval by the city council of the final development plan for the consolidated
development applications.
e. Public hearing on.commission review of final development plan and other
consolidated development applications. After HPC review of the final development plan
for significant development in the H, Historic Overlay District or of a property listed on
the Inventory of Historic Sites and Structures, and after receipt of the written report and
recommendation on the final development plan from the planning director for SPA, or
PUD, and if applicable, a development application for GMQS scoring or exemption, an
amendment to the text of this title or the official zone district map, or conditional uses,
special review, and ESA, the commission, after public notice pursuant to Section
26.52.060(D), shall hold a public hearing to review that part of the application pertaining
to the final development plan, the GMQS application, the amendment application, and the
other applications, if applicable. At the conclusion of the hearing, the commission shall
determine if the final de~zelopment plan meets the standards of Section 26.80.030(B)
(SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall recommend to
the city council that a development order be adopted approving, approving with
conditions, or denying the final development plan. If applicable, the commission shall
concurrently determine the points accumulated by the application for GMQS pursuant to
the standards of Section 26.100.060(E), (F) or (G), and shall forward the score to the city
council. If applicable, the commission shall also detennine if the application'meets the
standards of Section 26.88.040(C) and 26.92.020, and recommend approval, approval
with conditions, or disapproval of a development application requesting subdivision
review and amendment to the text of this title or the official zone district map. Also, if
applicable, the commission shall concurrently determine if the application meets the
standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review,
or Section 26.68.030 tkrough 26.68.050 for ESA, and shall adopt a development order
approving, approving with conditions, or denying that part of the application pertaining to
22
conditional Uses, special review and ESA, subject to approval by the city council of the
final development plan, amendment, or the GMQS allotment.
f. Heating on city council review of final development plan and other
consolidated development applications. After receipt of the recommendation on the final
development plan, or GMQS scoring from the commission, the city council shall hold a
hearing to review that part of the application pertaining to the final development plan,
GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the
conclusion of the hearing, the city council shall determine if the final development plan
meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD),
whichever is applicable, and shall adopt a development order approving, approving with
conditions, or disapproving the final development plan. If a development application for
GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments
among eligible applicants in the order of priority established by their rank or shall
determine if the application meets the standards of Section 26.100.040(C). If a
development application for an amendment to the text of this title or the official zone
district map is being considered, the city council shall hold a public hearing with public
notice pursuant to Section 26.52.060(E), before considering the consolidated applications.
In reviewing the amendment application, the city council shall determine if it meets the
standards of Section 26.92.020, and approve, approve with conditions, or disapprove the
application. If a development application for subdivision is being reviewed, the city
council shall deterre'me if the plat meets the standards of Section 26.88.040(c) and shall
adopt a development order approving, approving with conditions or disapproving the
application.
B. Modification of review procedures. In the event that an applicant believes
that the previously listed review procedures do not directly address the development
being contemplated, or that there are other unusual circumstances, the applicant may,
pursuant to Chapter 26.92, request an interpretation by the planning director as to the
appropriate review procedures for the proposed development.
C. General hearing procedures. The following general procedures shall apply
to the conduct of all hearings regarding the review of a development application by
decision-making bodies.
1. Oath or affirmation. Testimony and evidence shall be given under oath or
by affn-mation to the body conducting the hearing.
2. Rights of all persons. Any person or persons may appear at a public
hearing and submit evidence either individually or as a representative of another person
or an organization Anyone representing another person or an organization must present
written evidence of their authority to speak on behalf of the person or the organization in
regard to the matter under consideration. Each person who appears at a public heating
shall be identified and, if appearing on behalf of another person or an organization, state
the name and mailing address of the person or the organization.
3. Due order of proceedings. the decision-making body conducting the
hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or
unduly repetitious. Any person may ask relevant questions of other persons appearing as
witnesses, but shall do so only through the discretion of the chairman or mayor. The order
of proceedings shall be as follows:
23
a. · The planning agency staff shall present a narrative and graphic description
of the development application.
b. The planning agency staff shall present a written and oral
recommendation. This recommendation shall address each factor required to be
considered by this title and the Aspen Area Comprehensive Plan prior to development
approval and shall be made available to the applicant submitting the development
application at least two (2) working days prior to the hearing.
c. The applicant shall present any information that it deems appropriate, and
shall demonstrate that public notice has been given, if required.
d. Public testimony shall be heard, first in favor of the development
application, then in opposition to it.
e. The planning agency staff may respond to any statement made by the
applicant or any public comment.
f. The applicant may respond to any testimony or evidence presented by the
planning agency staff or public.
4. Testimony. In the event any testimony or evidence is excluded as
irrelevant, immaterial or unduly repetitious, the person offering such testimony or
evidence shall have an opportunity to make a proffer in regard to such testimony or
evidence for the record. Such proffer may be made at the hearing or in writing within
fifteen (15) days after the close of the hearing.
5. Continuance of hearing. The decision-making body conducting the hearing
may, on its own motion or at the request of any person, continue the hearing to a fixed
date, time and place. No notice shall be required ira hearing is continued. An applicant
shall have the right to request and be granted one continuance; however, all subsequent
continuances shall be granted at the discretion of the decision-making body conducting
the hearing, only upon good cause shown. All adjourned public hearings shall commence
only upon the giving of all notices which would have been required were it the initial call
of the public hearing.
6. Other rules to govem. Other matters pertaining to the public hearing shall
be governed by other provisions of the Municipal Code of the City of Aspen, Colorado,
applicable to the decision-making body conducting the hearing and its adopted rules of
procedure, so long as the same are not in conflict with this chapter. The cityIs decision-
making bodies may adopt rules of procedure to limit the number of development
applications which may be considered at a hearing.
7. Record.
a. Records of hearing. The body conducting the hearing shah record the
proceedings by any appropriate means which shall be transcribed at the request of any
person.
b. Record. The transcript of oral proceedings, including testimony and
statements of personal opinions, the minutes of the secretary, all applications, exhibits
and papers submitted in any proceeding before the decision-making body, the report and
recommendation of the planning agency staff, and the decision and report of the decision-
making body shall constitute the record.
c. Public records. All records of decision-making bodies shall be public
records, open for inspection at reasonable times and upon reasonable notice.
24
D. Actions by decision-making bodies. All decision-making bodies Ishall act
in accord with the time limits established in this title. Action shall be taken as promptly
as possible in consideration of the interests of the citizens of the City of Aspen.
E. Public notice.
1. General. Prior to a public hearing on a development application, notice
shall be provided to the public, pursuant to the terms of this section. Table 6-101
establishes the stelSs in the development review process at which ftme notice is to be
given.
2. Content of notice. Every notice shall include the name and address of the
applicant, the type of development application sought, date, time and place of the hearing,
the address and legal description of the subject property if applicable, a summary of the
development application under consideration, and identification of the decision-making
body conducting the hearing and such other information as may be required to fully
apprise the public of the nature of the application.
3. Manner of notice. Every notice shall be given in one or more of the
following manners, as specified in Section 26.52.060(E)(4).
a. Publication of notice. Publication of notice shall be provided by the
planning agency at least fifteen (15) days prior to the public hearing through publication
in an official paper or a paper of general circulation in the City of Aspen in the legal
notice section. The content of the notice shall be that described in Section
26.52.060(E)(2).
b. Posting of notice. Posting of notice shall be made by the applicant, who
shall obtain a copy of the form from the planning agency, ~ch shall be posted at least
ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the
property subject to the development application. The sign shall be made of suitable,
waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six
(26) inches high, and shall be composed of letters not less than one inch in height. The
content of the notice shall be that described in Section 26.52.060(E)(2).
c. Mailing of notice. Mailing ofnntice shall be made by the applicant, who
shall obtain a copy of the notice from the planning agency, which shall contain that
information described in Section 26.52.060(E)(2). At least ten (10) days prior to the
public hearing, notice shall be sent by frrst class, postage prepaid U.S. mall, or at least
five (5) days if sent by hand delivery, to all owners of property within three hundred
(300) feet of the property subject to the development application, and at least fifteen (15)
days prior to the public hearing, notice shall be sent by first class, postage pre-pald U.S.
mall or hand delivery to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi-governmental agency that owns property
within three hundred (300) feet of the property subject to the development application.
The names and addresses of property owners shall be those on the current tax records of
.. Pitkin County as they appeared no more than sixty (60) days prior to the date of the
public hearing.
4. Required notices. Notice of hearing to the public for a development
application shall take the following form.
a. Development application for permitted uses, special review, ESA, GMQS
exemptions, subdivision exemptions (other than for a lot split) or minor development in
25
an "H," Historic Overlay District or involving a property listed on the Inventory of
Historic Sites and Structures. A development application for a permitted use,
development subject to special review, GMQS exemption, development in an
environmentally sensitive area (ESA) or minor development in H, Historic Overlay
District or involving a property listed on the Inventory of Historic Sites and Structures
requires no notice to the public prior to review.
b. Development application for conditional uses and variances. A
development application for a conditional use or a variance requires mailing of notice and
posting of notice pursuant to Section 26.52.060(E)(3)(b) and (c).
c. Development application for significant development in an "H," Historic
Overlay District; demolition in an "H," Historic Overlay District; development in or
designation of specially planned area (SPA); planned unit development (PUD);
amendments to official zone district map unless for entire city; subdivision exemption for
lot split; designation of Historic Overlay District or historic landmarks; growth
management quota system (GMQS). Significant development in a H, Historic Oreflay
District or of a property listed on the Inventory of Historic Sites and Structures,
development, demolition of a property listed on the Inventory of Historic Sites and
Structures, designation of a specially planned area (SPA), planned unit development
(PUD), amendments to the official zone district map unless for the entire city, subdivision
exemption for lot split, designation of Historic Overlay District or historic landmarks, and
growth management quota system (GMQS) review requires publication of notice, posting
of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a), (b) and (c).
d. Amendment to the text of this title. Amendment to the text of this title
requires publication of notice pursuant to Section 26.52.060(E)(3)(a) for Planning and
Zoning Commission public hearing and ordinance adoption procedures for City Council
public hearing.
e. Development application for subdivision. Subdivision review requires
publication of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a) and (c)
and notice by registered mail to all surface owners, mineral owners and lessees of mineral
owners of the property subject to the development application.
f. Any development application which will cover five (5) acres or more of
land. Any development application which will cover five (5) acres or more of land
requires publication of nntice pursuant to Section 26.52.060(E)(3)(a) and mailing of
notice to the Colorado Land Use Commission, the state geologist, and the Pitkin County
Commissioners. In addition, a development application for subdivision approval also
requires notice by registered mail to all surface owners, mineral owners and lessees of
mineral ox~aers of the property subject to the development application.
5. Rezoning of entire city. Whenever the official zoning district map is in any
way to be changed or amended incidental to or as part of a general revision of this title, or
whenever the text of this title is to be amended, whether such revision be made by repeal
of this title and enactment of a new land use regulation, or otherwise, the requirement of
an accurate survey map or other sufficient legal description of, and the notice to and
listing of names and addresses of owners of real property in the area of the proposed
change, shall be waived. However, the proposed zoning map shall be available for public
inspection in the planning agency during all business hours for fifteen (I 5) days prior to
26
the public hearing on such amendments. (Ord. No. 13-1993 § 3; Oral. No. 56-1994, § 13:
Code 1971, § 6-205)
Section 3:
Section 26.72 Development in an "H," Historic Ove~ay District, or involving the
Inventory of Historic Sites and Structures shall be amended to read as follows:
Chapter 26.72
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR
INVOLVING THE IhWENTORY OF HISTORIC SITES AND STRUCTURES
Sections:
26.72.010 Minor development, significant development, and exemptions.
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation,
or temporary relocation.
26.72.030 Insubstantial amendment of development order.
26.72.040 Appeal and call up.
26.72.050 Variances.
26.72.060 Minimum maintenance requirements.
26.72.010 Minor development, significant development, and exemptions.
A. General. Any development within an "H," Historic Overlay District, or
development involving a property listed on the Inventory of Historic Sites and Structures
must be reviewed in accordance with the provisions of this Section 26.72.010 and
Common Procedures, Chapter 26.52, unless exempted by the community development
director under Section 26.72.010 (C). If not exempted, development is categorized as
minor or significant development which must obtain approval of the HPC. Minor
development review and approval is a one-Step process and requires no public hearing.
Significant development must go through a conceptual and final development plan review
and approval process, with a public hearing occurring at the time of Conceptual
development plan review.
B. General prohibition. No development shall be permitted within the "H," Historic
Overlay District, or involving a property listed on the Inventory of Historic Sites and
Structures unless:
1. The development is not subject to the provisions of this section; or
2. The development is exempted pursuant to Section 26.72.010(C); or
3. The development is approved by the HPC as either minor or significant
. development pursuant to the procedures outlined in Common Procedures, Chapter 26.52,
because it meets the standards of Section 26.72.010(D).
C. Exemption.
27
1. Development which is not subject to the provisions of this section shall include
any interior remodeling of a structure, repainting of the exterior of an already painted
structure, and choice of color of any exterior architectural feature. Such development
shall not require the review by the community development director or HPC, and shall
proceed directly to building permit review, when a building permit is required for the
development.
2. Development which the community development director shall exempt from HPC
review shall include repair of existing architectural features, replacement of architectural
features when found necessary for the preservation of the structure, and similar
remodeling activities which create no change to the exterior appearance of the structure
and have no impact on its character. The community development director shall exempt
awnings, canopies, fences, mechanical equipment or other similar attachments to, or
accessory features of a structure, provided however, that in the process of erecting said
attachments, none of the significant features of the structure are destroyed or permanently
removed. Incidental destruction or limited removal necessary to erect any attachment
shall not make the action significant development. The community development director
shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the
Commercial Core, the community development director shall exempt any insignificant
changes in the site design of an individual property, such as paving and new street
furniture. The Community Development Director shall exempt any development required
for compliance with the Americans with Disabilities Act when it affects a nonhistoric
structure in the "H," Historic Overlay District, and has no significant impact on the
character of the structure. For any of the exemptions listed above, the Community
Development Director may place conditions on the exemption which are relevant to
mitigation of impacts to the affected historic site or structure or to adjacent historic sites
or structures. An appeal of a Community Development Director exemption is to the
historic preservation commission. The Community Development Director may also
determine that any of the above applications are more appropriately reviewed by HPC as
a minor development, because of significant effects upon historic resources.
3. Before any proposed development can be considered for an exemption under the
provisions of this section, an application for exemption shall be submitted to the
Community Development Director in the form provided by the Community Development
Director.
D. Review standards for all development in the "H," Historic Overlay District, and
all development involving properties listed on the Inventory of Historic Sites and
Structures.
1. Development in the "H," Historic Overlay District, and all development involving
properties listed on the Inventory of Historic Sites and Structures. No approval for any
development in the "H," Historic Overlay District, or involving properties listed on the
Inventory of Historic Sites and Structures shall be granted unless the HPC finds that all of
the following standards are met.
a. The proposed development is compatible in general design, massing and volume,
scale, and site plan with designated historic structures located on the parcel and with
development on adjacent parcels when the subject site is in an "H," Historic Overlay
District, or is adjacent to an historic landmark. For historic landmarks where proposed
28
development would extend into front yard, side yard and rear yard setbacks, extend into
the minimum distance between buildings on the lot or exceed the allowed floor area by
up to five hundred (500) square feet or the allowed site covered by up to five (5) percent,
H'PC may grant such variances after making a finding. that such variation is more
compatible in character with the historic landmark and the neighborhood, than would be
development in accord with dimensional requirements. In no event shall variations
pursuant to this section exceed those variations allowed under the Cottage In.fill Program
for detached accessory dwelling units, pursuant to section 26.40.090(B)(2).
The floor area bonus will only be awarded to projects which make an outstanding
pre.servation effort, for instance by retaining historic outbuildings or by creating
breezeway or connector elements between the historic resource and new construction.
Lots which are larger than nine thousand (9,000) square feet and properties which receive
approval for an historic landmark lot split may also be appropriate recipients of the
bonus. No development application which includes a request for an FAR bonus may be
submitted until the applicant has met with HPC in a workshop format to discuss whether
or not the proposal might qualify for the floor area bonus, prior to design; and
b. The proposed development reflects and is consistent with the character of the
neighborhood of the parcel proposed for development; and
c. The proposed development enhances or does not detract from the historic
significance of designated historic structures located on the parcel proposed for
development or adjacent parcels; and
d. The proposed development enhances or does not diminish or detract from the
architectural character and integrity of a designated historic structure or part thereof.
2. Additional development guidelines. The City Council, upon reconunendation of
the HPC, shall established additional guidelines for use by HPC in the review of all
development in an "H," Historic Overlay District, and involving properties listed on the
Inventory of Historic Sites and Structures, in accordance with the procedures in Chapter
26.08.
E. Minor development.
1. Procedure for review. Before HPC approval of minor development in the "H,"
Historic Overlay District. and of all development involving properties listed on the
Inventory of Historic Sites and Structures a development application shall be submitted to
the Community Development Director and reviewed and approved by the HPC pursuant
to the procedures established in Common Procedures, Chapter 26.52.
2. Definition. Minor development shall be defined as follows:
a. Remodeling of a structure where alterations are made to no more than one (1)
element of the structure, including but not limited to a roof, window, door, skylight,
ornamental trim, siding, kickplate, dormer, porch, staircase, and balcony;
b. Expansion or erection of a slructure wherein the increase in floor area of the
structure is two hundred fifty (250) square feet or less; or
c.. Erection or remodeling of conibinations of, or multiples of no more than three (3)
of the following features: awnings, canopies, signs, fences and other similar attachments;
or windows, doors, skylights and dormers. Erection of more than three (3) of the above
listed features may be defined as minor if there is a finding that the cumulative impact of
such development is minor in its effect on the character of the existing structures.
29
d. Erection of street furniture, signs, benches, public art, or similar development
which is to be placed throughout the Commercial Core or Main Street Historic Districts.
The Community Development Director may determine that the development is to be
reviewed as a significant development, pursuant to section 26.72.010(F). Public hearing
requirements will not apply.
3. Application. A development application for minor development shall include the
following:
a. The general application information required in section 26.52.030.
b. If determined appropriate by the Community Development Director, a site plan or
survey showing property boundaries and predominant existing site characteristics.
c. An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
d. A scale drawing of the proposed development in relation to any existing structure.
e. A statement of the effect of the proposed development on the original design of
the historic smacmre (if applicable) and character of the neighborhood. F. Significant development.
1. Procedure for review. Before HPC approval of significant development within an
"H," Historic OVerlay District, and of all development involving properties listed on the
Inventory of Historic Sites and Structures, a conceptual development plan and final
development plan shall be reviewed and approved by the HPC pursuant to the procedures
established in Common Procedures, Chapter 26.52.
2. Definition. Significant development shall be defined as follows:
a. Erection of an awning, canopy, sign, fence or other similar attachments to, or
accessory features of, a structure that, in the process of erecting, cause significant features
of the structure to be permanently destroyed or removed;
b. Erection or remodeling of combinations of, or multiples of any single feature of a
structure which has not been determined to be minor;
c. Expansion or erection of a structure wherein the increase in floor area of the
structure is more than two hundred fifty (250) square feet;
d. Construction of a new structure within a "H," Historic Overlay District; and
e. The development of any property which is listed on the inventory of historic sites
and structures and which has received approval for demolition or off-site relocation when
a development plan has been required by the HPC pursuant to section 26.72;020(J)(5).
3. Conceptual development plan.
a. Development application for conceptual development plan. A development
application for a conceptual development plan shall include the following: (1) The general application information required in section 26.52.030.
(2) A site plan and a survey showing property boundaries and predominant existing
site characteristics.
(3) Conceptual selection of major building materials to be used in the proposed
development.
(4) A statement of the effect of the proposed development on the original design of
the historic structure (if applicable) and/or character of neighborhood.
(5) Scale drawings of all elevations of any proposed structures, including a roof plan.
30
(6) A visual description of the neighborhood context through at least one (1) of the
following: diagrams, maps, photographs, models, or streetscape elevations, with the
intent to provide HPC with the necessary information without adding excessive costs to
the applicant.
b. Effect of approval of conceptual development plan. Approval of a conceptual
development plan shall not constitute final approval of significant development or
permission to proceed with development. Such approval shall constitute only
authorization to proceed with a development application for a final development plan.
c. Limitation on approval of conceptual development plan. Application for a final
development plan shall be filed within one (1) year of the date of approval of a
conceptual development plan. Unless an extension is granted by HPC, failure to file such
an application shall render null and void the approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
a. Submission of application for final development plan. A development application
for a final development plan shall include:
(1) The general application information required in section 26.52.030.
(2) Reserved.
(3) An accurate representation of all major building materials, such as samples and
photographs, to be used for the proposed development.
(4) Finalized drawings of the proposal at 1/4" -- 1 '0 scale.
(5) A statement of the effect of the details of the proposed development on the
original design of the historic structure (if applicable) and character of the neighborhood.
(6) A statement of how the final development plan conforms to the representations
made during the conceptual review and responds to any conditions placed thereon.
G. Historic Landmark Lot Split. The development of all lots created pursuant to
section 26.88.030 (A)(5) shall be reviewed by HPC at a public hearing. (Ord. No. 6-1989,
§ 9; Ord. No. 60-1990, § 3; Ord. No. 21-1995, § l(part); Ord. No. 49-1995, § 4; Ord. No.
33-1997, § 1: Code 1971, § 7-601)
26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or
temporary relocation.
A. General. No demolition, partial demolition, off-site reloeation, on-site relocation,
or temporary relocation of any structure included in the Inventory of Historic Sites and
Structures of the City of Aspen, established pursuant to section 26.76.090, or any
structure within an "H" Historic Overlay Dislxict, shall be permitted unless the
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation is approved by the HPC because it meets the applicable standards of section
26.72.020(B), (C), (D), (E), or (F) unless exempted pursuant to section 26.72.020(G) or
(H). For the purposes of this section, "demolition" shall mean the total razing of any
structure on an inventoiled parcel which contributes to the historic significance of that
parcel. "Partial demolition" shall mean the razing of a portion of any structure on an
inventorled parcel or the total razing of any structure on an inventoiled parcel which does
not contribute to the historic significance of that parcel.
31
B. Standards for review of demolition. No approval for demolition shall be granted
unless the HPC finds that all of the following standards are met.
I. The structure proposed for demolition is not structurally sound despite evidence
of the owner's efforts to properly malnta'm the structure; and
2. The structure cannot be rehabilitated or reused on site to provide for any
reasonable beneficial use of the property; and
3. The structure cannot be practicably moved to another site in Aspen; and
4. The applicant demonstrates that the proposal mitigates to the greatest extent
practical, the following:
a. Any impacts that occur to the character of the neighborhood where demolition is
proposed to occur.
b. Any impact on the historic significance of the structure or structures located on
the parcel and adjacent parcels.
c. Any impact to the architectural character and integrity of the structure or
structures located on the parcel and adjacent parcels.
C. Standards for review of partial demolition. No approval for partial demolition
shall be granted unless the HPC finds all of the following standards are met:
1. The partial demolition is required for the renovation, restoration or rehabilitation
of the structure, or the structure does not contribute to the historic significance of the
parcel; and
2. The applicant has mitigated, to the greatest extent possible:
a. Impacts on the historic significance of the structure or structures located on the
parcel by limiting demolition of original or significant features and additions.
b. Impacts on the architectural character or integrity of the structure or structures
located on the parcel by designing new additions so that they are compatible in mass and
scale with the historic structure.
D. Standards for review of off-site relocation. No approval for off-site relocation
shall be granted unless the HPC finds that all of the following standards are met:
1. The structure cannot be rehabilitated or reused on its original site to provide for
any reasonable beneficial use of the property; and
2. The relocation activity is demonstrated to be the best preservation method for the
character and integrity of the structure, and the historic integrity of the existing
neighborhood and adjacent structures will not be diminished due to the relocation; and
3. The structure has been demonstrated to be capable of withstanding the physical
impacts of the relocation and re-siting. A structural report shall be submitted by a
licensed engineer demonstrating the soundness of the structure proposed for relocation;
and
4. A relocation plan shall be submitted, including posting a bond or other financial
security with the Engineering Department, as approved by the HPC, to insure the safe
relocation, preservation and repair (if required) of the structure, site preparation and
infrastructure connections. The receiving site shall be prepared in advance of the physical
relocation; and
5. The receiving site is compatible in nature to the structure or structures proposed to
be moved, the character of the neighborhood is consistent with the architectural integrity
of the structure, and the relocation of the historic structure would not diminish the
32
integrity or character of the neighborhood of the receiving site. An acceptance letter from
the property owner of the receiving site shall be submitted.
E. Standards for review of on-site relocation. No approval for on-site relocation shall
be granted unless the HPC finds that the standards of Section 26.72.020(D)(2), (3), and
(4) have been met. If the structure that is to be relocated does not contribute to the historic
significance of the parcel, only standard 26.72.020(D)(2) must be met.
F. Standards -.for review of temporary relocation. No approval for temporary
relocation shall be .granted unless the HPC finds that the standards of Section
26.72.020(D)(3) and (4) have been met.
G. Exemption for structures within an "H," Historic Overlay District. The
demolition, partial demolition, off-site relocation, on-site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay District, may be exempt
from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the
HPC finds that the following conditions have been met:
1. The structure is not identified on the Inventory of Historic Sites and Structures.
2. The structure is considered to be noncontributing to the historic district.
3. The structure does not .contribute to the overall character of the historic district,
and that its demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation does not impact the character of the historic district.
4. The demolition, partial demolition, off-site relocation, on-site relocation or
temporary relocation is necessary for the redevelopment of the parcel.
5. The redevelopment or new developmere is reviewed by HPC pursuant to Section
26.72.010.
H. Exemption for structures which do not contribute to the historic significance of an
inventoried parcel. A structure which does not contribute to the historic significance of an
inventoried parcel is exempt from meeting the standards of Section 26.72.020(D), off-site
relocation and Section 26.72.020(F), temporary relocation.
I. Procedure for review. A development application shall be submitted to the
community development director before HPC approval of demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption which shall be
reviewed and approved by the HPC pursuant to the procedures established in Common
Procedures, Chapter 26.52.
The HPC shall be authorized to suspend action on demolition, partial demolition, off-
site relocation, or on-site relocation applications when it finds that it needs additional
information to determine whether the application meets the standards of Section
26.72.020 or that the proposal is a matter of such great public concern to the city that
alternatives to the demolition, partial demolition, off-site relocation or on-site relocation
must be studied jointly by the city and the owner. Alternatives which the HPC may
consider having studied shall include, but not be limited to finding economically
beneficial uses of the structure, removal of the structure to a suitable location, providing
public subsidy to the owner to preserve the structure, identifying a public entity capable
of public acquisition of the structure, or revision to the demolition, partial demolition,
off-site relocation or on-site relocation and development plan. The HPC shall be required
to specify the additional information it requires or the alternatives it finds should be
studied when it suspends action on the demolition, partial demolition, off-site relocation,
33
or on-site relocation application. Action shall only be suspended for the amount ofthue it
shall take for the necessary information to be prepared and reviewed by the community
development director, but in no case shall suspension be for a period to exceed six (6)
months.
J. Application for demolition, partial demolition, off-site relocation, on-site
relocation, or temporary relocation. A development application shall include the
following. Applications which affect a structure which does not contribute to the historic
significance of the parcel shall only include the submission requirements listed in Section
26.72.020(J)(1), (2), and (5):
1. The general application information required in Section 25.62.030.
2. A written description of the structure proposed for demolition, partial demolition,
off-site relocation, on-site relocation, temporary relocation, or exemption, and its year of
construction.
3. A report from a licensed engineer or architect regarding the soundness of the
structure and its suitability for rehabilitation.
4. For demolition or off-site mlocation only: Art economic feasibility report that
provides:
a. Estimated market value of the property on which the structure lies, in its current
condition, and after demolition or relocation.
b. Estimates from an architect, developer, real estate agent or appraiser experienced
in rehabilitation addressing the economic feasibility of rehabilitation or reuse of the
structure proposed for demolition or relocation.
c. All appraisals made of the property on which the structure is located made within
the previous two (2) years.
d. Any other information considered necessary to make a determination whether the
property does yield or may yield a reasonable remm on investment.
5. For demolition, partial demolition, off-site relocation and on-site relocation only:
A development plan and a statement of the effect of the proposed development on the
other structures on the property and the character of the neighborhood around the
property shall be submitted so that HPC is able to make a finding whether the applicable
standards are met. In the case of a demolition or off-site relocation, the development plan
will be reviewed as a Significant Development application, pursuant to Section
26.72.010.
K. Application for demolition or exemption from demolition, partial demolition, off-
site relocation, on-site relocation, or temporary relocation. A development application for
exemption shall include all items specified in Section 26.72.020(J)(1) and (2).
L. Penalties. A violation of any portion of this Section 26.72.020 .shall prohibit the
owner, successor or assigns from obtaining a building permit for the affected property for
a period of five (5) years from the date of such violation. The city shall initiate
proceedings to place a deed restriction on the property to this effect to insure the
enforcement of this penalty. (Ord. No. 17-1989, § 1; Ord. No. 9-1991, § 1; Ord. No. 2t-
1995, § l(.part): Code 1971, § 7-602)
26.72.030 Insubstantial amendment of development order.
34
A. An insubstantial amendment to an approved development order may be
authorized by the community development director. An insubstantial amendment shall be
limited to technical or engineering considerations, first discovered during actual
development which could not reasonably be anticipated during the approval process. An
insubstantial amendment shall be defmed as a change in shape or location of a single
window, awning, door, staircase or other feature on the slructure or use of a material
made by a different manufacturer that has the same quality and approximately the same
appearance as originally approve&
B. All other amendments shall be approved by the HPC pursuant to Section
26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, § l(part): Code
1971, § 7-603)
26.72.040 Appeal and call up.
A. Any action by the HPC in approving, approving with conditions, or
disapproving a development order or suspending action on a demolition, partial
demolition, off-site relocation, or on-site relocation application or in rating a structure on
the inventory of historic sites and structures may be appealed to the city council by the
applicant or a landowner within three hundred (300) feet of the subject property within
thirty (30) days of the decision. The reasons for the appeal shall be stated in writing.
The city council may also call up for review any decision of the HPC approving,
disapproving, or suspending action on a demolition, partial demolition, off-site
relocation, or on-site relocation of any structure on the inventory Qfhistoric sites and
structures by serving written notice on the HPC within thirty (30) days of the HPC's
decision and notifying the applicant of the call up. Notice of the HPC decision will be
provided to Council in the form of the approved resolution.
B. Within thirty (30) days after the date of a decision by the HPC which is
appealed or called up by the city council, the council shall hold a public hearing after
publishing notice pursuant to Section 26.52.060 (E)(3)(a).
C. The city council shall consider the application on the record established
before the HPC. The city council shall affirm the decision of the HPC unless the city
council shall determine that there was an abuse of discretion, or a denial of due process
by the HPC. Upon determining that there was an abuse of discretion or denial of due
process, the city council shall be authorized to take such action as it shall deem necessary
to remedy said situation, including but not limited to reversing the decision, altering the
conditions of approval, changing the length of time during which action on a demolition,
partial demolition, off-site relocation, or on-site relocation application has been
suspended or the terms of the suspension, or remanding the application to HPC for
rehearing. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, § l(part): Code 1971, § 7-604)
26.72.050 Variances.
The board of adjustment shall not take any action on a development application
for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or
development affecting a property listed on the Inventory of Historic Sites and Structures,
without receiving a written recommendation from the HPC. (Ord. No. 21-1995, § l(part):
Code 1971, § 7-605)
35
26.72.060 Minimum maintenance requirements.
A. Purpose. The intent of this section is to reduce the incidence of
"demolition by neglect."
B. Requirements. All buildings and sWuctures identified in the inventory of
historic sites and structures as described in Section 26.76.090, and all structures located
within a historic district, shall be maintained to meet the requirements of the Uniform
Conservation Building Code (UCBC) and the Uniform Building Code (UBC). Said
structures shall receive reasonable care, maintenance and upkeep appropriate for the
preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use
in compliance with the terms of this chapter.
Every owner or his designated agem in charge of such building or structure shall
keep in good repair:
1. All of the exterior portions of such improvements.
2. All interior portions thereof which, if not so maintained, may cause or tend
to cause the exterior portions of such improvements to deteriorate, decay or become
damaged or otherwise fail imo a state of disrepair.
The historic preservation commission, on its own initiative, may file a petition
with the chief building official requesting that said official proceed under the provisions
of this section to require correction of defects or repairs to any structure covered by this
chapter so that such structure shall be preserved and protected in consonance with the
purpose of this chapter.
C. Demonstration of hardship. Any owner of a structure idemified in the
inventory of historic sites and structures which I-tPC and the chief building official finds
requires such maimchance and repairs as described in fi~is section may make application
requesting from the city council a one-time, no interest loan, in an amount not to exceed
ten thousand dollars ($10,000.00), which the owner shall agree to pay back to the city
within ten (10) years or when the property is sold or the title is ~ransferred, whichever is
the soonest. An extension of the payment period may be granted by the city council,
following written request by the owner.
To be eligible for the loan, the owner shall submit a written request to the
community development director, which shall include a description of the proposed
repairs necessary to maintain the historic structure and approximate costs for such repairs.
The loan request shall also demonstrate economic hardship which previously prohibited
these repairs and that the loan amount is the minimum necessary to maintained the
structure.
The loan request shall be considered by the city council. Any loan granted by the
council shall be administered through the community development director, who shall
obtain copies of bills from the owner substantiating all expenditures made to maintain the
structure with monies obtained from the loan.
D. Penalties waived. The general penalties for violations of the Aspen
Municipal Code contained in Chapter 1.04, Section 1.04.080, shall not apply to violations
of these minimum maintenance requirements. (Ord. 1'4o. 7-1989, § 2; Ord. No. 21-1995, §
l(part): Code 1971, § 7-606)
36
Section 4: If any s~ction, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such provision and such holding shall not affect the validity of the remaining
portions thereof.
~ This Ordinance shall not affect any existing litigation and shall not operate as
an abatement of "any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 6: A public hearing on the Ordinance was held on the 1 lth day of January, 1999,
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 once 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 261h day of October, 1998.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attomey
FINALLY, adopted, passed and approved this 1 lth day of January, 1999.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
37
TO: Mayor and Members of Council
FROM: John P. Worcester
DATE: January 11, 1999
RE: Iselin and Rotary Park Annexation Ordinance - Second Reading
Attached for your consideration and review is a proposed ordinance which, if adopted, would annex
the Iselin and Rotary Park Properties to the City of Aspen. This matter is before you for a public
hearing and Second Reading.
The original petition for annexation was filed with the City Clerk on September 23, 1998. On
September 23, 1998, City Council adopted a resolution finding substantial compliance with Section
31-12-107(1), C.R.S. A public hearing was held on November 9, 1998, at which time Council
determined that the proposed annexation was in compliance with §§ 31-12-i04 and 31-12-105,
C.R.S.
City staff will be present at the public hearing to answer any questions you might have on the
proposed annexation and potential impacts the annexation will have on City operations.
The decision to annex property to the City is a legislative act and is entirely within your
discretionary powers. You may annex, or not, for any reason, or no reason at all.
ACTION REQUIRED: A Motion to approve Ordinance No. ~] , Series of 1998.
JPW-O1/O6/99~G: \john\word\memos\iselin.doc
ORDINANCE NO. ~
(Series of 1998)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERR/TORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "CASTLE CREEK
CONDOMINIUMS" ANNEXATION.
WI-EREAS, on October 7, 1998, the City Manager of the City of Aspen did file, on behalf
of the City of Aspen, with the City Clerk of the City of Aspen a Petition for Annexation of territory
to the City of Aspen; and
WHEREAS, the petition, .inclUding accompanying copies of an annexation map, has been
reviewed by the City Attomey's Office and the City Engineer and found by them to contain the
information prescribed and set forth in §31-12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed,
exclusive of streets and alleys, have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution Number 76, Series of 1998) at its regular
meeting on October 23, 1998, did find and determine said Petition for Annexation to be in
substantial compliance with the provisions of §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 88, Series of 1998) at its regular
meeting on November 23, 1998, did find and determine, following a public heating, said Petition
for Annexation to be in substantial compliance with §§ 31-12-104 and 31~12-105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "Castle Creek Condominiums", and as shown on the annexation map,
is hereby annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen ishereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) TO certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this
annexation ordinance and of the annexation map with the Division of Local Government of the
Department of Local Affairs, State of Colorado.
Section 3. The City Engineer of the City of Aspen is hereby directed to amend
the Official Map of the City of Aspen to reflect the boundary changes 'adopted pursuant to this
annexation ordinance.
Section 4. That 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 5. That 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 amended as herein provided, and the same shall be construed and concluded
under such prior Ordinances.
· %,
A public hearing on the ordinance shall be held on the Z'cf'day of 998, in the
City Council Chambers, 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 [% day of ~ 1998.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of
,1998.
John S. Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
JPW-12/OS/98-G:\john\word\ords\castlecrk.doc
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
FROM: Lee Cassin,.City Environmental Health Director
DATE: January 6, 1999
RE: Discontinuation of Fireplace Fees
SU/~IMARY: This is an informational item to let Council know we are planning to amend the city fee
ordinance to eliminate fireplace permit fees. Until the ordinance is changed, we would like to not collect
the fee.
PREVIOUS COUNCIL ACTION: Council enacted a fireplace fee to cover staff costs of reviewing
permits. This fee was initiated in the early 1990's. The fee is now $35.
DISCUSSION: The Environmental Health, Building, and Community Development Departments have
been trying very hard to find ways to Streamline the building permit process. One of the processes that we
felt was very inefficient was having Environmental Health sign off on very simple building permits. This
particularly includes residential permits that do not involve any Environmental Health issues other than
fireplaces and woodstoves. In those cases, the building permit would get logged "into" Environmental
Health on the computer, carried down to our offices, and assigned to a staff person. Then the full roll of
plans would be opened and reviewed, compared with the fireplace permit, approve& logged out of the
computer, and taken back upstairs. Our task was to determine that there were no more than two fireplaces
or woodstoves per building and that they were all "clean-burning". Since the Building Department also
opens and reviews the same set of plans, it seemed that great efficiency improvements would happen if the
Building Department were able to make sure that there were no more than two clean-burning devices
when they were already reviewing the plans.
Our three departments have been working together to implement this change. We all agree that a separate
fireplace permit fee is not warranted since the Building Department will already be reviewing the plans,
and the additional time would not be significant. For this reason, we would like to eliminate the fireplace
permit fee.
Since two readings of an amended fee ordinance will be required to make this fee change official. we did
not want to charge a few people the fee before the ordinance is changed. So we would like to discontinue
collecting the fee effective immediately.
FINANCIAL IMPLICATIONS: There will be a loss of revenue to the City and County of
approximately $3500. An estimated s,~ of this fee is collected in the city. There will be cost savings to
citizens of an equal amount. We believe that by being more efficient, we can ensure compliance with
fireplace regulations without the need for this fee. We believe this will result in time savings for
applicants as well.
RECOMMENDATION: Unless we hear differently from Council, we plan to discontinue collecting the
fee immediately, and will return with an mended fee ordinance as soon as possible.
ALTERNATIVES: Council could direct the Building Department to continue collecting the fee, or
could direct Environmental Health to continue reviewing these building permits.
CITY MANAGER COMMENTS:
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