HomeMy WebLinkAboutordinance.council.034-16 ORDINANCE NO.34
SERIES OF 2016
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE
AMENDMENTS RELATED TO MOUNTAIN VIEW PLANE REVIEW: 26.435.050
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land
Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft code amendments to coordinate the Aspen Area Community Plan(AACP)and
the Land Use Code related to parking and mobility, the mix of commercial uses, commercial
design, and mountain view planes; and,
WHEREAS,the Community Development Department and a Consultant Team consisting
of White & Smith, LLC; Alan Richman Planning Services; Nelson Nygaard; Rowland +
Broughton; BendonAdams; and Karen Setterfield conducted existing conditions research and
outreach with respect to commercial use mix,parking,mobility,commercial design, and mountain
view planes; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted extensive public outreach with community members, the Planning &
Zoning Commission, the Historic Preservation Commission, and City Council regarding the
commercial district, commercial design, parking and view plane regulations; and,
WHEREAS, from May through November, 2016, the City and the Consultant team
conducted 20 public outreach events, an online public outreach and survey page with over 1,230
visits, eleven (11) focus group meetings with stakeholders and City officials, five (5) meetings
with the Planning and Zoning Commission, four (4) meetings with the Historic Preservation
Commission, and fourteen(14)public meetings with the City Council;
WHEREAS, the Aspen City Council met in work sessions on February 29, 2016, April
12, 2016, April 18, 2016, April 26, 2016, May 10, 2016,June 21, 2016, July 18, 2016, August 9,
2016, August 28, 2016, September 13, 2016, September 19, 2016, September 27, 2016, October
10, 2016, and November 2, 2016, and provided general direction on code amendments;and
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on October 24, 2016, the City Council approved Resolution No. 147, Series of 2016, by a four to
zero (4-0)vote, requesting code amendments to the Land Use Code to implement the Aspen Area
Community Plan; and,
WHEREAS, amending the Land Use Code so it better reflects the goals of the AACP is a
City Council Top Ten Goal;and,
WHEREAS, the Aspen Area Community Plan provides for the City to establish lower
maximum building heights to maintain Aspen's small town character(Growth Management Policy
I.6.a); and
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View Plane Regulations
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WHEREAS, the Aspen Area Community Plan provides for the City to amend zoning, the
Commercial Design Guidelines, Residential Design Guidelines and Historic Design Guidelines as
needed to implement the policy to maintain Aspen's small town character (Growth Management
Policy I.6.a); and
WHEREAS, the Aspen Area Community Plan provides for the City to amend the
Commercial Design Guidelines, Historic Design Guidelines and zoning as needed to ensure that the
Code supports innovative development that respects our architectural heritage in terms of site
coverage,mass,scale, form and a diversity of heights(Growth Management Policy V.3.b);and
WHEREAS,the Vision(Residential Sector)provisions of the Aspen Area Community Plan
provide for the City to limit mass and scale, and to preserve scenic mountain views;and
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code; and
WHEREAS, the Aspen City Council finds that the amendments meet or exceed all
applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is
consistent with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health safety and welfare; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO THAT:
Section 1: Section 26.435.010(C),Development in Environmentally Sensitive Areas (ESA),
Purpose, Mountain View Plane,is hereby amended to read as follows:
C. Mountain view planes. Development within designated mountain view planes as set forth
in Section 26.435.050 shall be subject to heightened review so as to (a) promote a central theme
of the AACP to protect and strengthen Aspen's environmental quality and sense of place, (b)
ensure development within designated view planes is designed in a manner consistent with
Aspen's historic character,and in a way that does not obscure or diminish the public's view of the
mountains from specified public places, (c) ensure development within designated view planes
occurs at an appropriate scale to preserve mountain views, (d) provide certainty in the
administration of view plane requirements and the protection of private property rights, and (e)
balance preservation of public views with historic development patterns and the appropriate use
of private property.
Section 2: Section 26.435.050,Mountain view plane review, is hereby amended to read as
follows:
26.435.050. Mountain view plane review.
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View Plane Regulations
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A. Jurisdiction. Unless subject to Administrative Review as described in Section 26.435.050.1),
all applications for development which infringes upon a designated view plane shall be subject to
administrative review or review for an exemption in compliance with this Section by the Planning
and Zoning Commission or Historic Preservation Commission (collectively, the Review Body).
Projects unable to meet the applicable view plane standards shall be required to obtain a variation
from the requirements and standards of this section from the applicable review body and are
subject to a public vote as required by section 13.14 of the City Charter.
B. Definitions
1. For purposes of this Section, a development"Infringes"(or creates an "Infringement") on
a view plane if the height of the development would be above the height at any point at
which the view plane angle cuts across the subject property.
2. For the purposes of this Section, "Minimal Impact" to a view plane by development is
defined as meeting one of the following review criteria:
a. The development cannot be seen with the naked eye from the reference point or
does not materially alter the observer's ability to see the preserved view from the
reference point; or
b. The development is located behind an historic landmark structure such that no
portion of the development can be seen from the reference point; or
c. The proposed development materially reduces an existing infringement on a
designated view plane.
3. To receive a determination of minimal impact, the infringement shall involve the lowest
building height practicable, taking into consideration the proximity of the view plane, lot
size, topography, and the reasonable use of the property. The development shall also
comply with the Commercial, Lodging and Historic District Design Standards and
Guidelines or the Residential Design Standards, or shall receive a variation from said
standards, as applicable.
4. For the purposes of this Section, development, in whole or in part, can be "seen with the
naked eye"when it is visible, in whole or in part,to an observer without the aid of optical
equipment from a view plane reference point and is not blocked by topography or similar
obstruction.
C. Applicability.
1. General. This Section designates seven view planes to regulate the height, mass and
design of structures to preserve mountain views, as seen from designated reference points.
This Section applies to all development located within the established mountain view
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View Plane Regulations
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planes,unless exempted pursuant to Subsection 26.435.050(D). In addition,the following
shall apply:
a. If a development falls within more than one view plane, the more restrictive of the
applicable view planes shall apply.
b. If at least 50%of the gross lot area of a parcel falls within a view plane and the balance
falls outside of a view plane, then the view plane standards apply to development on
the entire parcel. If less than 50% of the gross lot area of a parcel falls within a view
plane,then only that portion of the lot within the view plane is subject to the standards
in this Section.
c. This section shall not limit the ability of development to occur below a view plane. If
development on a property is within the lateral extent of a view plane but does not
infringe into the view plane, then that development is not subject to the requirements
of this section.
2. View Plane Components. Each view plane has three (3) components (foreground,
midground and background), defined and described as follows:
Description Purpose& Summary of Regulations
Foreground This generally Because buildings and structures in the foreground are the
includes the fust closest to the reference points,they have the most direct impact
developed block on the public's view from a designated view plane. Height and
directly across design in the foreground are strictly controlled, with no
from the reference exceptions permitted.
point.
Midground Generally,the 1-2 Development in the midground can have a variety of impacts,
blocks from the ranging from direct obstruction of views if little development
back of the exists in the Foreground,to minimal impact if historic landmark
foreground area to structures already exist between the Foreground and the subject
the background property which shield the proposed buildings from view. Drops
area. in topography may also reduce the impact to a view plane from
development in the midground. Therefore, buildings in this
area are subject to a combination of view plane preservation
standards and discretionary review, with the standards
providing flexibility to account for intervening historically
significant buildings or site circumstances.
Background The areas These are areas near and along the mountain base that may be
extending from visible from the reference point due to topography. Background
the back of the areas are further removed from reference points and not as
midground to the clearly seen because of their remoteness from the reference
8040 Greenline. point. Discretionary review is appropriate in the background to
facilitate development activities within the context of the
neighborhood and view plane condition.
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View Plane Regulations
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3. Established View Planes. Each view plane, including its components (foreground,
midground and background),is described and mapped in Section 26.435.050(H),Maps and
Legal Descriptions of View Planes.
D. Exemptions. The following development activities on properties located in the mid- and
background of a view plane are exempt from the provisions of this Section and may proceed
directly to zoning compliance check and building permit review, where the applicant shall
demonstrate the improvement meets the following review criteria.
1. Structures:
a. Any addition or remodel of an existing structure that does not change or decreases
a building's height at any point or visible mass from the view plane reference point;
or
b. Any of the following structures or structural elements that comply with the
standards contained herein or in the applicable code section for those structures or
structural elements:
Infringement Height' Location
(maximum,feet) (at any point within the designated area)
Fence 3.5 ft. Forward of the front building facade
6 ft. Between the front building facade and rear
property line
Garage or 12 ft. As per Section 26.410, Residential Design
carport Standards
(residential single-
family,duplex,or
multi-(amity)
Non-structural 15 ft. Pursuant to the allowances in Section
building 26.575.020.E(5), Allowed Projections into
elements(i.e. Setbacks and a maximum feature height of 15 ft.
mailboxes,flagpoles
etc.;excluding
attached building
features such as eves
and similar
architectural
projections as defined
in Sec.
26.575.020.E(5)
l Maximum height shall be measured from finished grade.
2. Attached Building Features.
a. Attached building features, including those features listed in Section
26.575.020.F.(4), Allowed Exceptions to Height Limitations, and mechanical
City Council Ordinance No. 34, Series 2016
View Plane Regulations
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equipment or building appurtenances (including but not limited to a satellite dish,
HVAC equipment, stairwell enclosure, elevator shaft, ventilation equipment, or
skylights)that are added to an existing building are exempt only with the following
setbacks and when the height of the feature complies with Section 26.575.020.F(4),
Allowed Exceptions to Height Limitations:
Location Required Setback from the Lot Line Closest to the View
Plane Reference Point.
Foreground Greater than 50% of the lot length (minimum) (ns mea red from
thefront lot line)
Midground 20 feet(minimum)
Background No additional setback required other than those that may be
prescribed in Section 26.575.020
b. All mechanical and ventilation equipment, including the replacement of existing
equipment, located within a view plane shall require a mechanical permit, be
installed to the minimum height required per manufacturer standards,and shall not
be visible from the reference point and from the street level.
c. Decorative or recreational features,including rooftop gardens, green roofs,planter
boxes, and permanent amenities such as built in grills, are exempt up to 2 feet into
the view plane. The following rooftop fixtures shall be set-back from the facade
closest to the view plane reference point by a distance equal to the height of the
feature as measured from point of attachment and are not eligible for the two-foot
allowance provided above, or other exemptions to the measurement of building
height: new or existing rooftop restaurants, hot tubs, bars, railings and similar
features.
d. Parapet walls and ornamental cornices are exempt up to 2 feet into the view plane
and must be constructed in accordance with the height limitations of Chapter
26.710,Zone Districts and the Design Guidelines and Standards in Chapter 26.412,
Commercial Design Review.
E. Administrative Review. An addition to a structure or an attached building feature that
does not meet the criteria in subsections 1 and 2 above may be approved by the Community
Development Director through Administrative Review if:
a. The Infringement is erected only to the minimum height needed to accomplish the
purpose for which it serves and the height and setbacks comply with the standards
of Section 26.575.020, the dimensional requirements of Chapter 26.710, and the
Design Guidelines and Standards in Chapter 26.412, Commercial Design Review
or 26.415, Historic Preservation, as applicable; or
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View Plane Regulations
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b. The Infringement cannot be seen with the naked eye from the reference point as
demonstrated by a visual resource analysis.
F. Planning and Zoning Commission and Historic Preservation Commission Review.
Applications for development which do not qualify for an Exemption or for Administrative Review
which infringes on a view plane may, upon recommendation by the Community Development
Director, be approved, approved with conditions or denied by the Planning and Zoning
Commission or Historic Preservation Commission (collectively the Review Body) and shall
comply with the following standards.
1. Foreground mountain view plane standards. The following standards apply to the
foreground component of a mountain view plane:
a. No development in the foreground of a view plane may infringe upon the view plane.
Upon recommendation from the Community Development Director,the Review Body
may grant a height exemption not to exceed 15 feet(inclusive of all attached building
features) for development which infringes upon a view plane if it determines that the
development meets the requirements of minimal impact, as defined in Section
26.435.050(B), and it is demonstrated that the proposed height is required to enable
reasonable use of the property. The Review Body may apply exceptions to the
measurement of height of structures, as provided in Section 26.575.020(F), if site
topography warrants such an exception.
For properties proposed for remodel, the Review Body may grant an exemption to
building height to allow for a minimum interior floor to ceiling height of nine feet six
inches on the ground floor. This exemption may not be applied to development where
the remodel increases the net leasable area or gross floor area of structures of the
property in excess of that allowed by code Section 26.470.090(F). Development which
qualifies for the exemption must meet the requirements of minimal impact as defined
in Section 26.435.050(B).
b. If the Review Body does not find a development meets the standards list in section 1,
above, the application shall be subject to the variation criteria outlined in section
26.435.050(F), and is subject to a public vote on the variation per Section 13.14 of the
City Charter.
2. Midground mountain view plane standards. The following standards apply to the
midground component of a mountain view plane:
a. When any proposed development infringes upon a designated view plane,but is located
entirely behind (as seen from the reference point) a building designated on the Aspen
Inventory of Historic Landmark Sites and Structures, which already blocks the view
plane, the Review Body shall determine whether or not the proposed development is
consistent with the requirements of this section;or
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View Plane Regulations
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b. The Review Body, after considering a recommendation from the Community
Development Director, may make a finding that a development that infringes on the
view plane is consistent with the requirements of this Section if it determines that the
proposal meets the criteria listed in section 26.435.050(B)(2); or
c. If the Review Body does not find a development meets the exemptions listed in
subsection 26.435.050(D)(1-2) or 26.435.050.(F)(2)(a-b), above, the application shall
be subject to the variation criteria outlined in section 26.435.050(F), and is subject to a
public vote on the variation per Section 13.14 of the City Charter.
3. Background mountain view plane standards. The following standards apply to the
background component of a mountain view plane:
a. When any proposed development infringes upon a designated view plane,but is located
entirely behind (as seen from the reference point) a building designated on the Aspen
Inventory of Historic Landmark Sites and Structures, which already blocks the view
plane,the Review Body shall determine whether the proposed development will further
infringe upon the view plane. If the Review Body determines the proposed
development does not further infringe upon the view plane and is not visible from the
reference point, the Review Body shall make a finding that the development is
consistent with the requirements of this Section; or
b. The Review Body, after considering a recommendation from the Community
Development Director, may make a finding that a development that infringes on the
view plane background is consistent with the requirements of this Section if it does not
materially alter the observer's ability to see the preserved view from the reference
point;or
c. The infringement shall involve the lowest building height practicable, taking into
consideration the proximity of the view plane,lot size,topography, and the reasonable
use of the property. The development shall utilize building and roof forms and
materials designed to blend into the surrounding landscape, and shall respect the
character and massing of adjacent buildings and the mountain landscape. The
development shall also comply with the Commercial, Lodging and Historic District
Design Standards and Guidelines or the Residential Design Standards, or shall receive
a variation from said standards, as applicable.
d. If the Review Body does not find a development meets the exemptions listed in
subsection 26.435.050(D)(1-2) or the review criteria of subsection
26.435.050.(F)(3)(a-c), above, the application shall be subject to the variation criteria
outlined in section 26.435.050(D), and is subject to a public vote on the variation per
Section 13.14 of the City Charter.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
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G. Variations to mountain view plane review. If the Review Body does not find a development
meets the exemptions listed in subsection 26.435.050(D) or is not consistent with the review
criteria of Section 26.435.050(F), above, the application shall be subject to the variation criteria
outlined in this Section, and is subject to a public vote on the variation per Section 13.14 of the
City Charter. The Review Body, after receiving a recommendation from the Community
Development Director, shall not approve a variation unless the applicant demonstrates compliance
with the following standards:
1. General. The applicant shall demonstrate that the intent to preserve views cannot be met
by a strict application of the requirements, and that one of the following conditions
applies:
a. There is no available clear view of the mountains from the reference point; or
b. The view plane requirement would prohibit reasonable use or access to the property;
or
c. The proposed building or structure does not materially diminish views from the
reference point of the view plane to which the property is subject.
2. Infringements. In determining whether to allow a variation for an infringement, the
Review Body shall consider the following factors:
a. The direction, extent and quality of predominant mountain views from the property in
question;
b. The extent of existing public views, such as from parks or street ends in the immediate
vicinity;
c. The percent of the lot that would be encumbered by the view plane if the requirements
were strictly applied; and
d. Extreme irregularity or conditions in the shape of the lot or topography that precludes
effective application of the requirements.
e. The applicant shall also demonstrate that measures have been included in the project to
reduce its visual impacts as seen from the reference point including lighting which
minimize off-site visibility and glare, non-reflective building materials and finishes,
modest massing and roof forms,and other factors at the discretion of the Review Body.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 9 of 31
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City Council Ordinance No. 34, Series 2016
View Plane Regulations
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3. Glory Hole Park: There is hereby established a view plane originating from Glory Hole
Park above which plane no land use or building shall project.The Glory hole Park Reference Point
bears S24°37'I1"E a distance of 1645.57 feet from GPS-5 of the City of Aspen GPS Control
Mounumentation 2009,a Brass Cap found in a Survey Monument Box at the intersection of South
Galena Street and East Hopkins Avenue, with all bearings being relative to S74014101"E between
said GPS-5 and GPS-4 of the City of Aspen GPS Control Mounumentation 2009, a Brass Cap
found in a Survey Monument Box at the intersection of South West End Street and East Hopkins
Street;the Glory Hole Park Reference Base Line bean;N5505 1'57"E a distance of 73.00 feet from
the Glory Hole Park Reference Point.The elevation of said reference point and baseline is 7,947.55
feet, NAVD88 Datum. The view plane consists of two (2) spatial components more particularly
described'as follows:
a. All that space which is within the projection of a sector of 9° 54' 00" described by two
(2) radial lines which bears S44°02'03"E and S34°08'03"E respectively from the
reference point and which is also above the view plane which passes through the
reference base line at the inclination of Y 30' above horizontal with all projections to
terminate at the 8040 Greenline.
All that area within the projection of the following described perimeter and which is also above
the view plane which passes through the reference base line at an inclination of 3° 30' above
horizontal. The perimeter is more fully described as follows: Beginning at the Glory Hole Park
Reference Point,thence N55°51'57"E a distance of 73.00 feet along the reference base line;thence
S34008'03"E a distance of 418.27 feet to a point on the northerly radial line of the view sector;
thence N44°02'03" W along said radial line a distance of 424.59 feet to the reference point.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 12 of 31
WagnerPark view plane.
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City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 14 of 31
3. Wagner Park: There is hereby established a view plane originating in the north central
part of Wagner Park above which plane no land use or building shall project. The Wagner Park
View Plane Reference Point bears S64°02'52"W a distance of 642.35 feet from GPS-5 of the City
of Aspen GPS Control Mounumentation 2009, a Brass Cap found in a Survey Monument Box at
the intersection of South Galena Street and East Hopkins Avenue, with all bearings being relative
to S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Mounumentation 2009,a Brass Cap found in a Survey Monument Box at the intersection of South
West End Street and East Hopkins Street. The reference base line bears S49°48'54"W a distance
of 68.87 feet from the reference point.The elevation of the reference point and reference base line
is 7,919.73 feet, NAVD88 Datum. The view plane is more particularly described as follows: All
that space which is within the projection of two (2)radial lines which bear S50°21'40"E from the
reference point and S17°55'36"E from the westerly terminus of the reference base line and which
is also above a plane which passes through the reference base line at an angle of inclination of 3°
39' 10" above the horizontal with all projections to terminate at the 8040 Greenline or City Limits.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 15 of 31
Cooper Avenue view Wane.
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City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 17 of 31
3. Cooper Avenue: There is hereby established a view plane originating on the northerly
side of Cooper Avenue easterly of Galena Street above which plane no land use or building shall
project. The Cooper Avenue Reference Point bears S01*09'30"E a distance of 576.72 from GPS-
5 of the City of Aspen GPS Control Mounumentation 2009, a Brass Cap found in a Survey
Monument Box at the intersection of South Galena Street and East Hopkins Avenue, with all
bearings being relative to S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS
Control Mounumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of said reference point is
7,926.75, NAVD88 Datum. The view plane consists of spatial components more particularly
described as follows: All that space which is within the projection of a sector of 48°00'00"
described by two (2)radial lines which bear S10°53'16"E and S37°06'44"W respectively from the
reference point and above a plane which passes through the reference point at an inclination of
6°20'05" above the horizontal with all projections to terminate at the 8040 Greenline.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 18 of 31
d. Courthouse ,lanes.
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City Council Ordinance No. 34, Series 2016
View Plane Regulations
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City Council Ordinance No. 34, Series 2016
View Plane Regulations
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3. Court House: There are hereby established two (2) view planes originating from the
sidewalk on the northerly side of Main Street easterly of Galena Street above which planes no land
use or building shall project.
a. View Plane Number One. The Courthouse View Plane A Reference Point bears
N31°49'00"E a distance of 382.15 feet from GPS-5 of the City of Aspen GPS Control
Mounumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with all bearings being relative to
S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Mounumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of said reference point
is 7,912.32, NAVD88 Datum. The view plane consists of spatial components more
particularly described as follows: All that space which is within the projection of a sector
of 27°58'40" described by two (2) radial lines which bear S169 1'56"E and Sl 1'46'44"W
respectively from the reference point and above a plane which passes through the reference
point at an inclination of 4°25'above the horizontal with all projections to terminate at the
8040 Greenline.
b. View Plane Number Two. The Courthouse View Plane B Reference Point bears
N40°50'24"E a distance of 397.22 feet from GPS-5 of the City of Aspen GPS Control
Mounumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with all bearings being relative to
S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Mounumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of the reference point is
7,913.02 feet, NAVD88 Datum. The view plane consists of spatial components more
particularly described as follows: All that space which is within the projection of a sector
of 26°04'38" described by two (2) radial lines which bear S02°48'34'E and S23°16'04"W.
respectively from the reference point and above a plane which passes through the reference
point at an inclination of 41 58' 20" above the horizontal with all projections to terminate
at the 8040 Greenline.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 23 of 31
e. Wheeler Opera House view plane.
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City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 25 of 31
3. Wheeler Opera House: There is hereby established a view plane originating from the Wheeler Opera
House westerly of Mill Street above which plane no land use or building shall project. The easterly end point of
the Wheeler Opera House Base Line for the view plane bears S70°50'24"W a distance of 456.04 feet from
GPS-5 of the City of Aspen GPS Control Mounumentation 2009, a Brass Cap found in a Survey Monument
Box at the intersection of South Galena Street and East Hopkins Avenue,with all bearings being relative to
S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS Control Mounumentation 2009, a Brass
Cap found in a Survey Monument Box at the intersection of South West End Street and East Hopkins Street.
The reference base line bears N73142'1 9"W a distance of 140.45 feet from the easterly end point of the base line
for the view plane at an elevation of 7,916.18 feet,NAVD88 Datum. The view plane consists of spatial
components more particularly described as follows: All that space which is within the projection of radial lines
from the easterly and westerly terminus of the base line which bear S29°53'19"E and S66°56'51"W respectively
and which is above a plane which passes through the reference point at an inclination of 2°50'38" above
horizontal with all projections to terminate at the 8040 Greenline.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 26 of 31
Main Street view Wane.
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City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 28 of 31
3. Main Street:There is hereby established a view plane originating from Main Street above which plane no
land use or building shall project. The Main Street View Plane Reference Point bears N37°21'55"W a distance of
592.24 feet from GPS-5 of the City of Aspen GPS Control Mounumentation 2009,a Brass Cap found in a Survey
Monument Box at the intersection of South Galena Street and East Hopkins Avenue, with all bearings being
relative to S74°14'01"E between said GPS-5 and GPS-4 of the City of Aspen GPS Control Mounumentation
2009, a Brass Cap found in a Survey Monument Box at the intersection of South West End Street and East
Hopkins Street. The reference baseline bears N74°13'18"W a distance of 51.40 feet from the reference point.
The elevation of the reference point and reference base line is 7,906.90 feet,NAVD88 Datum. The view plane is
more particularly described as follows: All that space which is within the projection of two (2)radial lines which
bear S28°22'14"E from the reference point and S81°17'21"W from the westerly terminus of the reference base
line and which is also above a plane which passes through the reference base line at an angle of inclination of 61
29'20" above horizontal with all projections to terminate at the 8040 Greenline.
Section 3: Section 26.435.070, Procedure for approval of development in ESA, is hereby amended to read as
follows:
26.435.070. Procedure for approval of development in ESA.
A. General. Unless otherwise stated in this Chapter, an application for review of development in an
environmentally sensitive area shall be reviewed pursuant to the following procedures and standards and the
Common Development Review Procedures set forth at Chapter 26.304. According to the type of development
proposed,the following steps are necessary.
B. Administrative Applications and Exemptions. The Community Development Director shall approve,
approve with conditions or deny the application,based on the applicable standards of review in this Chapter.
C. Planning and Zoning Commission Applications and Exemptions. The Planning and Zoning Commission,
during a duly noticed public hearing, shall review a recommendation from the Community Development Director
and shall approve, approve with conditions,or deny the application,based on the standards of this Section. This
requires a one-step process as follows:
Step One—Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for approval.
2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or deny an
application after considering the recommendation of the Community Development Director and
comments and testimony from the public at a duly noticed public hearing.
3. Standards of review: The proposed development shall comply with the applicable review standards
of this Chapter.
4. Form ofdecision: The Commission's decision shall be by resolution.
5. Notice requirements: Posting, Mailing and Publication pursuant to Subparagraph 26.304.060.E.3 and
the provisions of Section 26.304.035—Neighborhood Outreach as applicable.
D. Combined Reviews. An application for development within an ESA may be combined with development
applications for other associated land use reviews, pursuant to Section 26.304.060.B.1, Combined Reviews.
For designated properties or properties located in a historic district, any required Planning and Zoning
Commission Review shall be completed by the Historic Preservation Commission.
Section 4: Section 26.435.080,Application,is hereby amended to read as follows:
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 29 of 31
26.435.080. Application.
The development application for development in an environmentally sensitive area (ESA) shall include the
following. Additional information may be required at the request of the Community Development Director.
[all subsections shall be unchanged]
Section 5: Section 26.435.080(c)(3), describing the application contents for a Mountain view plane review, is
hereby amended to read as follows:
3. For development subject to mountain view plane review,the following information shall be required:
a) A survey of the property including structures and the location and angle at which the view plane falls,
the boundaries of the view plane.
b) Proposed elevations of the development,including any rooftop equipment and how it will be screened.
c) Photographs which show the existing improvements which protrude into or are in the vicinity of the
view plane. The applicant shall graphically represent on the photographs how the proposed
improvements will appear in relation to existing improvements and views.
d)A visual resource analysis shall demonstrate and document for review the visual impact of the proposed
development on surrounding designated view planes. The analysis shall show,in accurate perspective
format, what portions of the proposed development are visible from various points within the view
plane. Multiple perspectives as requested by the Community Development Director may be required
to accurately reflect the appearance of the development as the viewpoint is moved along the corridor.
The following information shall be provided to meet this application requirement:
1. A visual analysis narrative and a photographic simulation or other comparable visual analysis
of the proposed development.
2. The analysis shall demonstrate,in accurate perspective format,the measures proposed to blend
the development into the context of the setting. The setting shall include the view frame of the
picture when viewing the development from a particular viewpoint and(if applicable)the backdrop
of natural topography, existing vegetation as well as surrounding vegetation and structures.
Development features which shall be shown to be compatible with the setting include: bulk and
scale of buildings,building and roof forms, texture of materials used on the buildings, colors, and
proposed plantings for screening.
e)The visual impacts of alternative site designs, if applicable, shall also be depicted.
Section6: Administrative Corrections.
Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled
subsections or titles,may be corrected administratively following adoption of the Ordinance.
Section 7: Effect Upon Existing Litigation.
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.
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 30 of 31
Section 8: Severability.
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 9: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become effective
thirty(30)days following final passage.
Section 10: Approval Notice.
A public hearing on this ordinance shall be held on the ZZ.day of Zai at a meeting of the Aspen City
Council commencing at 5:00 p.m. in the City Council Chambers,Aspen ity Hall,Aspen,Colorado, a minimum of
fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED,READ,AND ORDERED PUBLISHED as provided by law,by the City Council of the City
of Aspen on the 2-Z day of Lh ,?O .-
Attest:
Linda Manning,&IitZy��C14 Steven S n, Mayor
FINALLY,adopted,passed and approved this ZZ M day of 2017.
Attest: 1
inda Manning,City Cler Steven S n,Mayor
Approved as to form:
Jades R. True, City Attorney
City Council Ordinance No. 34, Series 2016
View Plane Regulations
Page 31 of 31