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Home My WebLink Aboutagenda.council.regular.20050214 CITY COUNCIL AGENDA February 14, 2005 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor and Council members' Comments b) City Manager's Comments c) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #3, 2004 - Amendment to CDOT MOU Maroon Creek Bridge Pedestrian Crossing b) Resolution #2,2005 - Opposing State Legislation Recreational In-Channel Diversion c) d) Board Appointments Minutes - January 24, 2005 VII. First Reading of Ordinances a) Ordinance #9,2005 - Code Amendment - Lodge Zone District P.H. 2/28 b) Ordinance #10,2005 - Code Amendment - Signs P.H.3/14 c) Ordinance #11,2005 - Aspen Highlands Villas Zoning P,H. 3/14 d) Ordinance #12, 2005 - Code Amendment - Neighborhood Commercial Zones P.H.3/14 VIII. Public Hearings a) Ordinance #37,2004 - Aspen Consolidated Sanitation District Master Plan/SPA b) Ordinance #3,2005 -1201 Riverside Drive Rezoning c) Ordinance #4, 2005 - 701 West Main Street Historic Lot Split Continue to 2/28 d) Ordinance #39, 2004 - Bar/X Annexation e) Ordinance #40, 2004 - AMCORD/AVL T Annexation f) Ordinance #6,2005 - Stage Road a/kJa Bar/X Subdivision Final PUD and Initial City Zoning g) Ordinance #5, 2005 - Code Amendment - Commercial Design/Pedestrian Amenities continue to 2/28 IX. Adjournment Next Regular Meeting February 28, 2005 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. \1\ a, MEMORANDUM TO: Mayor and City Council THROUGH: Steve Barwick, City Manager Randy L. Ready, Assista~nager FROM: DATE: February 14,2005 Resolution No.~ - Series 2005. Amendment to CDOT MOU Regarding Placement of Sidewalk on the New Maroon Creek Bridge RE: Summary The City of Aspen is requesting a revision to the MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ASPEN FOR THE ENTRANCE TO ASPEN (MOO) regarding the suspended pedestrian / bike access referenced on page 5 of 12, section 3.b. of the MOO dated July 27, 1998, which states: CDOT shall construct the new Maroon Creek Bridge to include a suspended pedestrian / bike access. CDOT shall work with the City's Parks Department to design the best method for mitigating the need for an east-side abutment to avoid impacts to the playing field. Title to the suspended walkway shall be conveyed to the City by a bill of sale. The suspended walkway shall be maintained in perpetuity by the City Of Aspen. The City of Aspen has been working with CDOT on the conceptual design of the Maroon Creek Highway Bridge replacement and pedestrian / bike access for several years since the issuance of the Record of Decision and MOO. During this period the City recognized that the best design of the pedestrian / bike access is an "at grade solution" rather than a "suspended" pedestrian / bridge access. The City has requested that CDOT proceed with an "at grade" design and construction of the pedestrian / bike access as part of the new Maroon Creek Bridge. Proposed new language for section 3.b. is as follows: CDOT shall construct the new Maroon Creek Bridge to include a 12 foot wide sidewalk on the bridge for pedestrian/bike access across Maroon Creek. This sidewalk shall be separated from highway traffic with a barrier. The sidewalk shall be the property of CDOT. Maintenance of the sidewalk surface, including snow and ice control, sweeping and lighting shall be done in perpetuity by the City of Aspen. All other maintenance of barriers, railings and structure shall be done in perpetuity by CDOT. This amendment to the MOO will allow for the pedestrian / bike access to be designed and constructed in such a manner such that it is not suspended under the Maroon Creek Bridge. Instead, the City of Aspen is requesting that the pedestrian / bike access be designed and constructed at the same grade level as the highway bridge. A suspended pedestrian / bike access does not meet the goals of a pedestrian / bike access which would be to provide a safe, convenient and easy to use pedestrian / bike access across the Maroon Creek Bridge. The design and construction of a suspended pedestrian / bike access as originally described in the MOO would create many problems and negative impacts in the following areas: . Public safety concerns . Length of the access ramps in order to meet ADA requirements . Maintenance of the facility . Perpetual shade of the facility . 0 ser experience . View Planes . Cost Public Safety Concerns A suspended pedestrian / bike bridge under the new Maroon Creek Highway Bridge could pose public safety concerns for the users. The suspended pedestrian / bike access would be over 650 feet long, perpetually in shade and hidden from the public view. At night, this long stretch of bridge would pose increased safety problems for its users. Patrolling of a suspended bridge on a regular basis to ensure the safety of its users creates problems as well. If an incident did occur, emergency access would be difficult. Access Ramps In order for the access ramps to meet ADA requirements to the suspended bridge they would have to drop significantly on the east end and follow a long circuitous route up on the west end that may require additional ROW. The access ramps to a suspended pedestrian /bike access would become a safety hazard in the winter due to the melt/freeze cycles and ice build-up on the sloped ramps. A pedestrian / bike access at highway grade level will eliminate both of these extensive ramp design requirements. The approaches will be relatively straight and flat at both ends of the bridge; thereby alleviating concerns about steep grades and possibly obtaining additional ROW. Maintenance of the Facility The maintenance of a suspended bridge would be more complicated and costly than a bridge at highway grade. A suspended bridge would essentially be a separate structure to maintain. A pedestrian / bike access at highway level as part of the highway deck would be much simpler to maintain and less expensive. Snow removal, trash collection and other regular maintenance duties will be much easier on a highway grade bridge. A suspended bridge would be in nearly perpetual shade, resulting in constant surface icing concerns during cold weather. User Experience A pedestrian access at the highway grade level will deliver a much better experience for the user. It will be a shorter, easier and more direct connection to the trail. It will not require a lot of maneuvering or grade changes by the user to get below the highway bridge and then back up to the trail level. This pedestrian / bike access is and will continue to be a heavily used connection that needs a simple, direct and easy design. View Planes The view planes while using a suspended bridge would be limited. The user would be in . a box-type structure and would be looking at the sub-structure of the new highway bridge. The view would only be in one direction. The user would be shaded from direct sunlight by the overhead highway bridge. A pedestrian access at highway grade will allow daylight and unlimited views. Cost A suspended pedestrian bridge would require longer access ramps, additional structure and would be more complicated to construct. All of these factors would translate into additional cost when compared to a pedestrian access at highway grade. Other This pedestrian and bicycle access is a key link in the trail system and is heavily used by commuters to and from employee housing in the area and recreational users connecting to other trail systems. A suspended bridge would not continue to facilitate the use by a growing number of trail users. It could potentially put pedestrians and cyclists back onto the highway bridge or into their cars where they would feel safer. Recommendation For all of these reasons, staff is requesting approval of the attached amendment to the MOO to allow for the design and construction of a pedestrian access at the highway grade level and not as a suspended grade-separated bridge as originally stated in the MOO, The City of Aspen will maintain the surface and lighting of the pedestrian trail portion of the highway bridge in perpetuity as stated in the MOO. CDOT will be responsible for maintenance of the barriers, railings and structure. RESOLUTION No.3 Series of2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING DATED JULY 27, 1998 BETWEEN THE CITY OF ASPEN, COLORADO DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION REGARDING THE ENTRANCE 'TO ASPEN FINAL ENVIRONMENTAL IMPACT STATEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an amendment to the Memorandum of Understanding between the City of Aspen, the Colorado Department of Transportation, and the Federal Highway Administration regarding the Entrance to Aspen Final Environmental Impact Statement, a copy of which is annexed hereto and made a part thereof. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the amendment to the Memorandum of Understanding between the City of Aspen, the Colorado Department of Transportation, and the Federal Highway Administration regarding the Entrance to Aspen Final Environmental Impact Statement, a copy which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said amendment to the memorandum of understanding on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2005. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certiry that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk 1" Amendment to the Memorandum of Understanding Between the Colorado Department of Transportation, Federal Highway Administration And the City of Aspen For the Entrance to Aspen. Dated July 27, 1998 February 14,2005 Amendment I. Delete the original language in item 3b on page 5 of 12 of the Memorandum of Understanding: "b. CDOT shall construct the new Maroon Creek Bridge to include a suspended pedestrian/bike access. CDOT shall work with the City's Parks Department to design the best method for mitigating the need for an east-side abutment to avoid impacts to the playing field. Title to the suspended walkway shall be conveyed to the City by a bill of sale. The suspended walkway shall be maintained in perpetuity by the City of Aspen." 2. Replace the original language with the following new language for item 3b on page 5 of 12: "b. CDOT shall construct the new Maroon Creek Bridge to include a 12 foot wide sidewalk on the bridge for pedestrian/bike access across Maroon Creek. This sidewalk shall be separated from highway traffic with a barrier. The sidewalk shall be the property ofCDOT. Maintenance of the sidewalk surface, including snow and ice control, sweeping and lighting shall be done in perpetuity by the City of Aspen. All other maintenance of barriers, railings and structure shall be done in perpetuity by CDOT." Whereas, Whereas, Whereas, Whereas, Whereas, City of Aspen Resolution #2, Series of 2005 \lIb Recreational In-Channel Diversion (RICD) water rights are written in Colorado statute and are broadly ackuowledged as a beneficial non-consumptive water use and are of growing importance to Colorado's tourism and recreation industries; and; The language in SB 05-062 attempts to greatly restrict the usage of a RICD water right and surreptitiously redefines what a RICD water right is; and; If passed SB 05-062 would significantly reduce the ability to utilize a RICD water right and would have damaging effects on the tourism-based economies they were originally designed to support; and; The proponent suggests that a RICD water right holder has an underlying mission to restrict growth, overlooking the element that local governments are the primary holders ofRICD water rights and are responsible for growth rate approvals; and; SB 05-062 has been introduced by State Senator Jack Taylor, who represents multiple tourism and recreation dependent municipalities and counties and who has otherwise been a solid advocate of Colorado's vital tourism industry; Now Therefore Be It Resolved that the City of Aspen at a meeting held on this 14th day February 2005, expresses its opposition to SB 05-062 and urges Senator Jack Taylor to immediately withdraw this inequitable Legislation. Approved on ATTEST: City of Aspen Mayor Helen Kalin Klanderud Kathryn S. Koch, City Clerk "le MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: February 8, 2005 RE: Board Appointments By adopting the consent calendar, Council is making the following appointment: Wheeler Opera House Board of Adjustment Pamela Cunningham Mark Hesselschwerdt, regular Peter McClain, regular Jag Pagnucco, alternate TO: THRO: FROM: RE: DATE: MEMORANDUM Vila-, Mayor Klanderud and Aspen City Council Steve Barwick, City Manager John Worcester, City Attorney Chris Bendon, Community Development Director ~ Lodging Zone District Amendments . Lodge Zone District (currently LTR District) . Commercial Lodge District . Lodge Overlay District . Lodge Preservation Overlay District . Definition of "Lodge" First Reading of Ordinance No.!L-, Series of 2005 Second Reading Scheduled for February 28, 2005 February 14, 2005 SUMMARY: This proposed ordinance updates the City's lodging zone districts. There are two standard zoning districts - Lodge and Commercial Lodge. And, there are two "overlay districts" - Lodge Overlay and Lodge Preservation Overlay. An overlay district adds to the types of uses permitted in the property's underlying district. For example, a property zoned R6 with a Lodge Overlay {;an be developed according to the R6 Zone plus the uses allowed in the lodge overlay. Aspen's bed base has continued to decline. The number of available pillows has declined by about 2,860 pillows in the past 10 years. This represents a 30% reduction of the bed base. Approximately 600 fewer pillows are available this year as compared to last year. Attached are current figures from Stay Aspen Snowmass on the number of pillows within Aspen - The "pillow count." Staff is also working on a complete lodge inventory, which will incorporate this information with additional data on projects under construction and the timeshare market. The amendments reflect direction from City Council during work sessions on this topic. Council directed staff to provide incentives within the zoning for lodges meeting both a "density standard" and a "unit-size standard." The incentives proposed in the Lodge District permit a height of 42 feet, with the potential of achieving 46 feet on areas setback from the property line and a higher Floor Area. Lodges not meeting both the density and unit size standards would be restricted to the same dimensions currently permitted - a 28-foot height limit and a I: 1 FAR. I ..,...,.,..,_..~>.--.'>"" -_.--".'-~"-"""--- to avoid affordable housing mitigation as long as no net increase in the number of units occurs. Another strategy already discussed and supported by City Council is to lower the mitigation rate by half for new lodge development falling within the density and size incentive standards. These, and other strategies, will be discussed at the February 22nd work session on growth management. Staff will be meeting with the Lodging Association Board of Directors and with the Gems of Aspen to review these changes and inform lodge owners of the public hearing. Staff recommends adoption of Ordinance No.~, Series of 2005, upon first reading. MAP OF LODGE ZONE DISTRICT: \ \..1 I I , \, . - -.------,-.,-/'"-..-.------ ---- / r //~-~ ..' I II \- MAP OF COMMERCIAL LODGE ZONE DISTRICT: 3 ., ..... ....~~---,.~......~.__.~----"~-~..,~-"-,~... .. nil ..., ... .. 1-- ... . Coo_ . .. Dur.nt .{. --'.- MAP OF LODGE OVERLAY ZONE DISTRICT: ,# I' .. </) " 1:; " a. e [L <: o ~ 2: " </) " ~ [L " Cl ." o ...J MAP OF LODGE PRESERVATION OVERLAY ZONE DISTRICT: , Cit',' PI-1nJ"r~] Depmt",';'ol 2101 CITY MANAGER'~MMENTS:. Sf- .../ i, ~ CffJrr2.iV~ fh.- (~ 0...~ RECOMMENDED MOTION: "I move to approve Ordinance No. 1-, Series of2005, upon first reading." ATTACHMENTS: A - Review Criteria B - Council Work Session Summary C - SAS Pillow Count 4 _ n'___...-_.,....,.__~__.-.--.. ORDINANCE NO. Cj (SERIES OF 2005)1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE SECTIONS 26.710.190- LODGE (L) ZONE DlSTRICT, SECTION 26.710.200 - COMMERCIAL LODGE (CL) ZONE DISTRICT, SECTION 26710.310 - LODGE OVERLAY (LO) ZONE DISTRICT, SECTION 26.710.320 LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT, AND SECTION 26.104.100 - DEFINITION OF "LODGE". WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen instructed the Director of the Community Development Department to propose amendments to the Land Use Code, part of the City of Aspen Municipal Code, related to the Infill Report, a report developed by a city-commissioned advisory group, the lnfill Advisory Group, pursuant to sections 26.208 and 26.212; and, WHEREAS, the purpose of the lnfill Program is to implement action items identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the Infill Advisory Group in January, 2002), and the Recommendations of the Economic Sustainability Committee (a joint project between the City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute Community Forum concluded in September, 2002) that call for: . intensification of land uses within the traditional townsite. . focusing of growth towards already developed areas and away from undeveloped areas surrounding the city. . balance between the community and the resort aspects of Aspen. . sustainability ofthe local social and economic conditions. . The creation of a development' environment in which private sector motivation IS leveraged to address community goals; and, WHEREAS, the amendments herein relate to the following Sections of the Land Use Code, Title 26 ofthe Aspen Municipal Code: 26.710.190 - Lodge Tourist Residential (LTR) Zone District page 2, 26.710.200 - Commercial Lodge (CL) Zone District page 5, 26.710.310 - Lodge Overlay (La) Zone District page 7, 26.710.320 - Lodge Preservation Overlay (LP) Zone District page 9, 26.104.100 - Definition of "Lodge" page 10; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Ordinance No. Series of2005. Page 1 'd' ~,__""_~,~__~__~~""-'~_-"'-___~"',,,... - ~'---~'---'- Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on September 3, 2002, continued to September 17, 2002, continued to September 24, 2002, continued to October I, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22, 2002, continued to October 29, 2002, continued to November 5, 2002, continued to November 12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to December 10, 2002, and continued to December 17,2002, took and considered public testimony at each of the aforementioned hearing dates and the recommendation of the Community Development Director and recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above noted Chapters and Sections ofthe Land Ose Code; and, WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Ose Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.710.190, Lodge Tourist Residential (LTR) Zone District, which section regulates development within the L TR Zone District, shall read as follows: 26.710.190 Lodge (L). A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction, renovation, and operation of lodges, tourist-oriented multi-family buildings, high occupancy timeshare facilities, and ancillary uses compatible with lodging to support and enhance Aspen's resort economy. The City of Aspen encourages high-occupancy lodging development in this zone district. Therefore, certain dimensional incentives are provided in this zone district as well as other development incentives in Chapter 26.470 ~ Growth Management. Ordinance No. Series of2005. Page 2 B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone District: I. Lodging, 2. Timeshare Lodge, 3. Exempt Timesharing, 4. Offices and activities accessory to timeshare unit sales (see Section 26.590), 5. Conference facilities, 6. Oses associated with outdoor recreation facilities and events, 7. Accessory uses and structures, 8. Storage accessory to a permitted use, 9. Affordable Multi-Family Housing accessory to a lodging or timeshare operation and for employees ofthe operation, 10. Free-Market Multi-Family Housing accessory to a lodging or timeshare operation. II. Home occupations. 12. Parking shall not be allowed as the sole use of the ground floor. 13. Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge units which have been approved pursuant to Section 26.590, Timeshare Development. Kitchens may be approved within Lodge units pursuant to Special Review (see subsection section E). C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L) Zone District, subject to the standards and procedures established in Chapter 26.425: I. Retail and Restaurant Uses, 2. Neighborhood Commercial Uses, 3. Service Uses, 4. Arts, Cultural and Civic Oses, 5. Public Uses, 6. Academic Uses, 7. Child care center, 8. Commercial Parking Facility, pursuant to Section 26.515, 9. Affordable Multi-Family Housing not accessory to a lodging or timeshare operation. 10. Free-Market Multi-Family Housing not accessory to a lodging or timeshare operation. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Lodge (L) Zone District: Ordinance No. Series of2005. Page 3 I. Minimum lot size (sQuare feet): 3,000 2. Minimum lot area ver dwellini! unit (sQuare feet): a. Multi-Family residential ~ 3,000 square feet. b. Lodge, Timeshare Lodge, and Exempt Timesharing ~ no requirement. 3. Minimum lot width (feet): 30. 4. Minimum front vard setback (feet): 5. 5. Minimum side vard setback (feet): 5. 6. Minimum rear vard setback (feet): 5. 7. Maximum heii!ht: a) Multi-Family (as a single use): 28 feet. b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less than one lodge unit per 500 square feet of Lot Area or an average lodge unit size greater than 500 square feet: 28 feet. c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge units per 500 square feet of Lot Area and an average lodge unit size of 500 square feet or less: 38 feet for sloped roofs. For flat roofs, 42 feet for all areas of the property and 46 feet for areas setback 15 or more feet from lot lines adjoining a Street right-of-way. 8. Minimum distance between buildini!s on the lot (feet): 10. 9. Pedestrian Amenitv Svace: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR): A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge units per 500 square feet of Lot Area and an average lodge unit size of 500 square feet or less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for parcels of 27,000 square feet or less in size and 2.5: I for parcels greater than 27,000 square feet. I. Retail and Restaurant Uses, Neighborhood Commercial Oses, Service Oses; Arts, Cultural and Civic Uses; Public Oses; Academic Uses; childcare center: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. 2. Lodge, Timeshare Lodge, Exempt Timesharing, and uses ancillary to lodging facilities: 2:1, which may be increased to 2.5:1 by Special Review, pursuant to Section 26.430. 3. Commercial Parking Facility: 1:1. 4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430. Ordinance No. Series of2005. Page 4 5. Free-Market Multi-Family Housing: An amount less than or equal to 20% of the FAR of the project which is devoted to Lodging, Timeshare Lodging, or Exempt Timesharing. For example: If the lodge portion of the project is 50,000 square feet, then the free-market residential portion of the project may be up to 10,000 square feet. B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with less than one lodge unit per 500 square feet of Lot Area or an average lodge unit size greater than of 500 square feet. This FAR schedule is cumulative, up to a total maximum FAR of 1.5: I for parcels of 27,000 square feet or less in size and I: I for parcels greater than 27 ,000 square feet. I. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic Oses; childcare center: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. 2. Lodge, Timeshare Lodge, Exempt Timesharing, uses ancillary to lodging facilities, and Commercial Parking Facility: 1:1, which may be increased to 1.5: I by Special Review, pursuant to Section 26.430. 3. Commercial Parking Facility: 1:1. 4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430. 5. Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. C. The following FAR schedule applies to multi-family (as a single use) projects, cumulatively, up to a total maximum FAR of .75:1. I. Affordable Multi-Family Housing: .5:1. 2. Free-Market Multi-Family Housing: .5:1. E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved pursuant to Special Review, Section 26.430, considering the following criteria: I. The kitchen facilities are minimal and only intended to enhance the short-term occupancy of the lodging operation. Large kitchens, which may facilitate residential use of the units, are not encouraged. 2. The number or percentage of lodge units within the development which are to contain kitchens is limited to that which is necessary for the viability of the lodge operation. 3. Adequate assurance is provided by the lodge owner/operator that the lodge units will not be used as residential units. Ordinance No. Series of 2005. Page 5 Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Units with less than a full kitchen shall not require special review. A kitchen within a lodge shall not require special review. Section 2: Section 26.710.200, Commercial Lodge (CL) Zone District, which section regulates development within the Commercial Lodge Zone District, shall read as follows: 26.710.200 Commercial Lodge (CL). A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the establishment of mixed-use commercial and lodge development by permitting commercial uses on the ground floor with lodging development above. B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) zone district: I. Oses allowed in Basement and Ground Floors: Those uses allowed in Basement and Ground Floors, respectively, within the Commercial Core Zone District. Parking shall not be allowed as the sole use of the ground floor. 2. Uses allowed on Upper Floors: Lodging, Timeshare Lodge, Exempt Timesharing, offices and activities accessory to timeshare unit sales (see Section 26.590), conference facilities, accessory uses, storage accessory to a permitted use, Affordable Multi-Family Housing accessory to a lodging or timeshare operation, Free-Market Multi-Family Housing accessory to a lodging or timeshare operation. 3. Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge units which have been approved pursuant to Section 26.590, Timeshare Development. Kitchens may be approved within Lodge units pursuant to Special Review (see subsection E). C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Lodge (CL) zone district, subject to the standards and procedures established in Chapter 26.425: I. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office Uses, Arts Cultural and Civic Oses, Public Uses, Academic Uses, or child care center, located on Upper Floors. 2. Commercial Parking Facility, pursuant to Section 26.515; D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Lodge (CL) zone district: I. 2. Minimum lot size (sQuare feet): No requirement. Minimum lot area oer dwellinf! unit (sQuare feet): No requirement. Ordinance No. Series of2005. Page 6 3. Minimum lot width (feet): No requirement. 4. Minimum front vard setback (feet): No requirement. 5. Minimum side vard setback (feet). No requirement. 6. Minimum rear vard sethack (feet): No requirement except trash/utility service area shall be required abutting alley, pursuant to Section 26.575.060. 7. Maximum heirzht: 42 feet for all areas of the property. 46 feet for areas setback 15 or more feet from lot lines adjoining a Street right-of~way. 8. Minimum distance between buildinrzs on the lot (feet): No requirement. 9. Pedestrian Amenitv Soace: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR) The following FAR schedule applies to uses cumulatively up to a total maximum FAR of3:!. a) Commercial Uses; Arts, Cultural and Civic Oses; Public Oses; Academic Uses; childcare center; commercial parking facility: l:!. Existing (prior to redevelopment) commercial FAR may be replaced, subject to acknowledgement by City Zoning Officer prior to demolition. b) Lodging, timeshare lodging, exempt timesharing, and lodging associated uses: 2:1, which may be increased to 2.5:1 by Special Review, pursuant to Section 26.430. c) Affordable Multi-Family Housing: .25:1, which may be increased by Special Review, pursuant to Section 26.430. d) Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 by Special Review, pursuant to Section 26.430. E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved pursuant to Special Review, Section 26.430, considering the following criteria: I. The kitchen facilities are minimal and only intended to enhance the short-term occupancy of the lodging operation. Large kitchens, which may facilitate residential use ofthe units, are not encouraged. 2. The number or percentage of lodge units within the development which are to contain kitchens is limited to that which is necessary for the viability of the lodge operation. 3. Adequate assurance is provided by the lodge owner/operator that the lodge units will not be used as residential units. Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Units with less than a full kitchen shall not require special review. A kitchen within a lodge shall not require special review. Ordinance No. Series of2005. Page 7 Section 3: Section 26.710.310, Lodge Overlay (LO) Zone District, which section regulates development within the Lodge Overlay Zone District, shall read as follows: 26.710.310 Lodge Overlay (LO) Zone District. A. Purpose. The purpose of the Lodge Overlay (LO) zone district is to provide for lodge uses in areas of the City suitable for lodge accommodations where there are limitations on development that necessitate the permitted density to be significantly less than that in the City's other lodge zone districts. B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO) zone district: I. The uses permitted in the underlying zone district. 2. Lodge. 3. Timeshare Lodge. 4. Exempt Timesharing. 5. Offices and activities accessory to timeshare unit sales (see Section 26.590). 6. Conference facilities, 7. Uses associated with outdoor recreation facilities and events, 8. Accessory uses and structures. 9. Storage accessory to a permitted use. 10. Affordable Housing accessory to a lodging or timeshare operation and for employees of the operation, 11. Free-Market Housing accessory to a lodging or timeshare operation. 12. Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge units which have been approved pursuant to Section 26.590, Timeshare Development. Kitchens may be approved within Lodge units pursuant to Special Review (see subsection E). C. Conditional uses. The following uses are permitted as conditional uses in the Lodge Overlay (LO) zone district, subject to the standards and procedures established in Chapter 26.425: 1. The uses allowed as conditional uses in the underlying zone district. 2. Affordable housing intended for the general public. 3. Restaurant. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Lodge Overlay (LO) zone district: Ordinance No. Series of2005. Page 8 I. A lodge shall meet the dimensional requirements of the underlying zone district for a detached residential dwelling or a multi-family residential building, where such uses are permitted, or as otherwise establish through adoption of a Final POD Plan, pursuant to Chapter 26.445 - Planned Unit Development. 2. All other uses shall meet those dimensional requirements that apply to such uses in the underlying zone district, or as otherwise establish through adoption of a final POD Plan, pursuant to Chapter 26.445 - Planned Onit Development E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved pursuant to Special Review, Section 26.430, considering the following criteria: I. The kitchen facilities are minimal and only intended to enhance the short-term occupancy of the lodging operation. Large kitchens, which may facilitate residential use of the units, are not encouraged. 2. The number or percentage of lodge units within the development which are to contain kitchens is limited to that which is necessary for the viability of the lodge operation. 3. Adequate assurance is provided by the lodge owner/operator that the lodge units will not be used as residential units. Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Units with less than a full kitchen shall not require special review. A kitchen within a lodge shall not require special review. Section 4: Section 26.710.320, Lodge Preservation Overlay (LP) Zone District, which section regulates development within the Lodge Preservation Overlay Zone District, shall read as follows: 26.710.320 Lodge Preservation Overlay (LP) Zone District. A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide for and protect small lodge uses on properties historically used for lodge accommodations, to permit redevelopment of these properties to accommodate lodge and affordable housing uses, to provide uses accessory and normally associated with lodge and affordable housing development, to encourage development which is compatible with the neighborhood and respective of the manner in which the property has historically operated, and to provide an incentive for upgrading existing lodges on-site or onto adjacent properties. B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone district: I. The uses permitted in the underlying zone district. 2. Lodge. 3. Timeshare Lodge. 4. Exempt Timesharing. Ordinance No. Page 9 Series of 2005. 5. Boarding house. 6. Dormitory. 7. Offices and activities accessory to timeshare unit sales (see Section 26.590). 8. Conference facilities. 9. Uses associated with outdoor recreation facilities and events. 10. Accessory uses and structures, II. Storage accessory to a permitted use, 12. Affordable Housing accessory to a lodging or timeshare operation and for employees ofthe operation. 13. Free-Market Housing accessory to a lodging or timeshare operation. 14. Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge units which have been approved pursuant to Section 26.590, Timeshare Development. Kitchens may be approved within Lodge units pursuant to Special Review (see subsection E). C. Conditional Uses. The following uses are permitted in the LP Overlay zone district, subject to the standards and procedures established in Chapter 26.425 ofthis Code: I. Affordable housing intended for the general public. 2. Restaurant. 3. The uses allowed as conditional uses in the underlying zone district. D. Dimensional requirements. The dimensional requirements for all uses in the Lodge Preservation (LP) Overlay Zone District shall be the dimensional requirements established for those uses in the underlying zone district. Where no specific dimensions have been established for the use, the permitted dimensions shall be limited to that of a single-family residence or multi-family residences where such uses are allowed. Opon consideration of the neighborhood compatibility and the dimensional requirements of surrounding zone districts, the dimensional requirements may be established pursuant to Chapter 26.445 - Planned Unit Development. E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved pursuant to Special Review, Section 26.430, considering the following criteria: 1. The kitchen facilities are minimal and only intended to enhance the short-term occupancy of the lodging operation. Large kitchens, which may facilitate residential use of the units, are not encouraged. 2. The number or percentage of lodge units within the development which are to contain kitchens is limited to that which is necessary for the viability of the lodge operation. 3. Adequate assurance is provided by the lodge owner/operator that the lodge units will not be used as residential units. Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Units with less than a full kitchen shall not require special review. A kitchen within a lodge shall not require special review. Ordinance No. Series of2005. Page 10 ,.,..."''''_..._,---_.---,~--~"-,~--_._..- Section 5: Section 26.104.100, Definitions, which section describes the meaning of terms used in the Land Use Code, shall include the additional following terms and definitions: Hotel (a.k.a. Lodge). A building or parcel containing three (3) or more individual rooms, without kitchens, used for overnight lodging by the general public on a short-term basis for a fee, with or without meals, and which has common reservation and cleaning services, combined utilities, and on-site management and reception services. Timeshare units and timeshare developments are considered Hotels for the purposes ofthe Land Use Code. Onless otherwise approved pursuant to Chapter 26.590 Timeshare Development, occupancy periods of a hotel or lodge unit by anyone person, entity, or owner shall not exceed 30 consecutive days and shall not exceed 90 days within any calendar year, regardless of the form of ownership. For Hotels with flexible unit configurations, also known as "lock-off units," each primary unit (in its maximum configuration) shall constitute a lodge unit for the purposes of this Title. Section 6: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: 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 8: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 9: A public hearing on the Ordinance shall be held on the _ day of ,2005, 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 shall be published in a newspaper of general circulation within the City of Aspen. [signatures on following page] Ordinance No. Series of2005. Page 11 --------~-~~~-,.~~."._...~~ ..,",.,~.~......,....__. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of ,2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of ,2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor Approved as to form: City Attorney C :\home\infilllLodgirtg\Lodging_ Ord.doc Ordinance No. Series of2005. Page 12 Exhibit A Lodging Zone Amendments STAFF COMMENTS: Text Amendment Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed code amendments are to encourage the development and redevelopment of high occupancy lodging projects in areas that can support such intensity with existing infrastructure. This promotes a general planning goal of maximizing the efficiency of existing public infrastructure, bolstering the local resort economy, and providing development intensity in areas where automobile use can be minimized. No aspect ofthe proposed code amendment is in conflict with other portions of the Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Staff believes these changes to the Lodging zone districts are supported by the AACP. There are many references to supporting the bed base and improving it when possible. The number one issue identified in the Economic Sustainability Report, 2002, was the declining bed base. Providing lodging redevelopment opportunities within the townsite and within walking distance of downtown will help to stabilize the diminishing bed base. The Lodge District, Commercial Lodge District, Lodge Overlay and Lodge Preservation Overlay are appropriate places for rejuvenated lodging and increased lodging development. Staff believe this criterion is met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment does not affect the location of the lodging zones. The zone boundaries are not being altered, only the types of uses and intensities allowed on these parcels. These areas of town continue to be appropriate locations for lodging development. Staff believes this criterion is met. D. The effect of the proposed amendment on traffic generation and road safety. staff comments - Lodging Amendments. page I Staff Finding: The proposed changes encourage redevelopment and capital investment in lodging properties. Encouraging reinvestment in these properties will likely create slightly more traffic on local streets. Staff does not believe the amendments represent any safety issues on local roads. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The amendments intentionally encourage greater use of existing infrastructure by focusing development into areas that are already served as opposed to areas to which new infrastructure must be extended. The amount of potential development is not expected to unduly burden or overwhelm existing infrastructure. Also, impact mitigation requirements for public systems ensure their continued capability. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Increased reinvestment opportunities will allow for greater utilization of existing and planned infrastructure improvements. This may have less of a negative effect on the environment than development in areas where infrastructure does not already exist. Generally, staff believes this Ordinance will not encourage adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: Characteristic of traditional towns, and important to Aspen as expressed in the Community Plan, is a vibrant downtown commercial district with a healthy bed base supporting the resort economy. This is the historic character of the lodging zones and the changes should encourage reinvestment in this development type. Staff believes the amendments are consistent and compatible with the community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The proposed amendment is not specific to one parcel. staff comments - Lodging Amendments. page 2 I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for a strong resort economy and a healthy bed base is critical to this objective. Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes reinvestment in lodging areas of town and emphasizes higher densities of lodge units and a moderate lodge unit size. A healthy lodging base is consistent with the public interest. staff comments - Lodging Amendments. page 3 MEETING DATE: August 31, 2004 W~ho -~ Q,Vlt: B ~ ASPEN CITY COUNCIL WORK SESSION MEETING NOTES AGENDA TOPIC: Commercial Development - work session PRESENTED BY: Chris Bendon COUNCIL MEMBERS PRESENT: Helen, Terry, Tim, Rachel, & Torre Summarv City Council discussed Lodging (a revisit of previous direction) the MO zone, NC zone, and the SCI zone. This work session was a continuation of previous commercial work sessions. , Items Resolved AUflust 31s/: Lodging Revisit City Council redirected staff on the lodging incentive to pursue a "density" standard rather that trying to differentiate traditional ownership verses fractional ownership. This is a strategy to encourage lodging with small rooms and higher unit counts. A lodge unit per lot area and possibly an average lodge unit size could be used. Staff believes this addresses an interest of the City - specifically high occupancy lodging projects while fitting better with standard zoning differentiation, namely density. As a secondary outcome, this density standard may be less appealing to fractional projects as the trend seems to indicate larger units in fractional projects. Mixed-Use Zone (Main Street). For the Mixed-Ose district (Main Street), Council previously directed staff to structure allowable heights to permit a 32-foot height for mixed-use, lodging, and multi-family development and maintain the 25-foot limit for single-family and duplex development. Staff also suggested a reduced ratio for new single-family and duplex development similar to the reduction in the RMF zone - 80% of the R6 schedule. For replacement of existing single-family and duplex structures, a 100% schedule would apply thereby not creating non-conformities. Council agreed with the strategy. There was some discussion on the reduction or waiver of affordable housing mitigation for converting historic structures to commercial uses. This could be a strategy to encourage the preservation and rehabilitation of older buildings in this zone. The discussion was not concluded. Neighborhood Commercial This zone is comprised of two areas - the Clark's Market and KSNO buildings, and the City Market/Durant Mall area. Both areas are zoned with a PUD Overlay which controls their dimensions. Because of the two different contexts, the POD process would be useful in determining zoning dimensions. I ,.",."~_._---,,..,~~-~..-" -""-"-'-~~'-'.._<-""--'- Staff suggests a range of options. Council determined that no major updates to this zone were necessary although the list of permitted uses should be cleaned-up. Service Commercial Industrial Council previously agreed to a 35-foot height limit (which is the current requirement) with one 5-foot height increase to encourage greater first floor heights or a minimum amount of SCI space. (Only one increase for either or these, but not two total increases.) Some of the uses should also be cleaned-up and the amount of retail/showroom space that can be provided should be clarified. Council confirmed this basic strategy. Previouslv Resolved Items: Redevelopment projects should be permitted a creditfor their existing development. The City's code permits the replacement of commercial square footage after demolition only if the project mitigates for affordable housing as if nothing existed there before - no credit. This replacement penalty is a significant barrier to redevelopment and removing it is a consistent theme of the infill discussions. This redevelopment credit idea was implemented a few years ago in the Lodge Preservation Program and has produced some positive activity. Providing this credit is similar to the City's approach on Lodging development. Councilwoman Richards expressed some interest in still requiring some level of mitigation. This was not echoed by other Council members. Pedestrian Amenity cash-in-lieu uses should not be broadened to include purchase of open space viewable from downtown. Staff recommended against this route. The reason for requiring this space is to enhance the pedestrian environment and cash-in-lieu monies should be used to directly affect this goal and not diverted to other community issues. This is especially important in light of the City's recent analysis of downtown and a desire to implement improvements with no funding source. There was not sufficient Council interest in pursuing this option. Off-site affordable housing mitigation should be approved by P&Z while off-site, outside the city limits should only be approved by City Council. This outside the city issue also was raised by Council during lodging discussions with the preference 'being to permit such mitigation with approvals from City Council. The Pedestrian Amenity requirement should be 25% of each lot: Council decided on keeping this standard at 25% with the ability for P&Z to lower the requirement to reward exceptional projects. P&Z's criteria for exceptional should include consideration of the projects mix of uses and how that mix contributes to an active downtown. Redevelopment of lots with no Pedestrian Amenity (or less than required) space is currently provided shall not be required to provide Pedestrian Amenity if the building is merely being replaced with no expansion. If the redevelopment of a lot increases the building size, a Pedestrian Amenity equal to 10% of the lot size will be required and could automatically be satisfied with a cash-in-lieu payment. 2 Pedestrian Amenity and Commercial Design Standards should be ready for first reading by September 13th The outdoor merchandising in required open space issue will be forwarded to the Downtown Catalyst and not addressed in infill amendments. The TDR Program will not be expanded to the Commercial Zones. A TDR program for Affordable Housing mitigation will not be pursued in infill code amendments. The idea will be forwarded to the Housing Authority and Board. CC Zone Height: A height limit of 42 feet, measured at the full extent of the roof will apply to the Commercial Core District. Staff will research some flexibility for modest increases to accommodate rooflines internal to a project that are not visible from the street level. This would likely be a review done by HPC as they already must review the design of each building. Cl and Lodge Zone Height: In the C I and Lodge districts, a 42-foot height for flat roofs and 38 feet for midpoint of pitched roofs will apply. CC and Cl changes are scheduled for public hearing on September 13th. Mixed-Use Zone Height: In the Mixed-Ose district (Main Street), a 32-foot height limit will apply to mixed-use, lodging, and multi-family development. The 25-foot limit will remain for single-family and duplex development. First Floor Commercial Core Office Restriction: Council directed staff to pursue a restriction on ground floor offices in the Commercial Core. Council generally supported a "setback provision" which would exempt spaces from this restriction if they were significantly set back from the front of the parcel. Staff generally believes a 40-45 foot setback will accommodate existing spaces that would not make great retailing spaces. Council agreed to not apply this no- office restriction on split level buildings. Rachel, Torre, and Terry supported the office restriction with Helen and Tim opposed. This item is scheduled for public hearing on September 13"1, along with other changes to the CC and C I Zones. + Wagner Park View Plane: City Council reviewed additional graphics on the potential Wagner Park view plane in relation to the suggested 42-foot height limit for lodging development. Council decided not to pursue a regulated view plane from the edge of Wagner Park. Terry and Torre supported a new regulation. Commercial Core and Commercial] Districts: Council was generally supportive of a the staff recommended FAR limit of3:l, comprised ofa 1.5:1 limit on commercial, a I :1 limit on free- market residential, and no limit on affordable housing. Sunny Vann expressed interest in allowing the internal distribution of floor area to be varied and staff will look into this more and provide a recommendation. Council was generally supportive of permitting single-family and duplex development in the C I zone with a reduced FAR schedule - 80% R6 was discussed. 3 ASPEN CITY COUNCIL WORK SESSION MEETING NOTES MEETING DATE: June 21, 2004 AGENDA TOPIC: Lodging - work session PRESENTED BY: Chris Bendon COUNCIL MEMBERS PRESENT: Helen, Terry, Tim, Rachel, & Torre SUMMARY OF DISCUSSION: The purpose of the meeting was to review lodge development obstacles and identify methods to address those obstacles with invited lodge owners. Council reiterated the desire to provide incentives for "traditional" lodge project verses timeshare projects. Following are the key incentives discussed: Height - Council agreed to a two-height strategy for traditional projects: 38 feet for pitched roofs and 44 for flat roofs. Staff will provide more examination of these heights in relation to built and approved lodges and commercial core buildings for the public hearings. Fractional projects will remain permitted at 28 feet. Limited timeshare/free-market residential use - Council generally agreed that a limited amount of a traditional project could either be timeshare units or free-market residential units while remaining eligible for traditional incentives. A project FAR percentage was considered the best approach. Percentages between 15 and 25 percent were discussed. Staff will research this percentage more and include a recommendation in the proposed code amendments. Review Process - Council was accepting of a streamlined process for traditional projects meeting the zoning code. A majority favored the reviews residing with the P&Z with only variances going to City Council. Rachel and Torre felt that all projects should proceed to City Council. An appeal and call-up process was discussed as a way to conclude the formal process at P&Z and retaining final authority with Council. Mitigation - Council agreed to reducing the affordable housing mitigation requirement by half for traditional projects. Rachel was also interested in maintaining a moderate room size requirement for this mitigation reduction. 1 6-Month Rental - Council agreed with staff that the 6-month provIsion potentially jeopardizes the lodging bed base and agreed to change the requirement. A 30-day maximum occupancy was generally agreed to. Kitchens - Council was split on the ability to provide kitchens in lodge rooms. The lodge owners described this amenity as a minimal kitchen as opposed to a typical residential kitchen. Staff will look at a system where lodge room kitchens require special review and will provide a recommendation to Council. Next Steps: Staff will bring code amendments forward for the Lodge districts. This will incorporate zoning changes (height, FARs, setbacks). 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'C: '0 "5i8~::::lg' ~ (ij 'in -5-5.....<1>.2 '0; '(i) g :5: 0 IIlIllU)m~ i:i'~'~'~TI"'" l:"r"r"r.- CI,)~Q; ma.c.a.>J: CD e e e III ;: ...Jo..c..a..'it: MEMORANDUM \III b TO: Mayor Klanderud and City Council Chris Bendon, Community Development Director~ Sarah Oates, Zoning Officer Sc:::, THRU: FROM: RE: Code Amendments-Section 26.510, Signs, First Reading of Ordinance No.jQ, Series of 2005. 2nd Reading Scheduled for March 14,2005. DATE: February 14, 2005 SUMMARY: Community Development Staff was directed by City Council to revise the sign regulations to allow for more flexibility in some areas of the code and to clean up several sections. Some of the modifications have been the result of suggestions of the 2003 Frick and Beer Downtown Retail Report and follow up by the Downtown Catalyst, Lisa Baker, with downtown merchants. Also incorporated are changes suggested by a special events committee made up of representatives of organizations in the area that host and plan events. Suggested changes include the following: . Real estates companies be permitted picture boxes similar to restaurant menu boxes . Anniversary dates of special events that use the Main Street light posts be lowered from 25 years to 10 years . The number of signs oriented toward the special event venue be unlimited and a limited number be permitted to face outward from the event venue . Inflatable signs are proposed to be permitted under certain conditions for special events . The Special Events Committee can make exceptions with an option to send the request to City Council . The number and size of political signs be eliminated . Real estate sign regulations have been added to the commercial sign section of the code . Sandwich board signs be permitted with design standards . Vacant storefronts be required to provide a window display with certain criteria APPLICANT: City of Aspen Community Development Department. PROCEDURE: Pursuant to Section 26.310.020, Procedure for Amendment, a development application for an amendment to the text of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or disapproval 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. DISCUSSION: For clarity, Staff has outlined and summarized each of the proposed amendments, section by section, below. Sections in which the recommendation differs between the Catalyst/committee comments, staff comments, and the Planning and Zoning Commission are called out below the relevant section: . Applicability, Section 26.510.020: This section discusses the applicability and scope of the sign regulations and an acknowledgement of the Aspen Highlands Village POD sign regulations has been included. . Banners, et a\., Section 26.510.030(B)(3): Regulations for banners, et al. has been moved to Section 26.510.11 O(B), Policies Regarding Signage on Public Property. . Real Estate picture boxes, Section 26.510.030(B)(15): Real estate picture boxes have been added. . Outdoor Lighting, Section 26.510.030(B)(18): This section has been modified to acknowledge the lighting code and that that lighting of signs must comply with said section. . Sandwich Board & Portable Signs, Sections 26.510.040(A) and (G): These, sections have been modified to prohibit sandwich board and portable signs except as allowed per Section 26.510. I 30(D)(l )( e), a section which discusses design, size and location. . Banners, et a\., Section 25.510.040(S): Prohibits banners, et al. except as permitted per Section 26.51O.llO(B), Policies Regarding Signage on Public Property. . Outdoor Lighting, Section 26.510.070(B): Modification to acknowledge Section 26.575.150, Outdoor Lighting. . Policies Regarding Signage on Public Property, Sections 26.510.110(A) and (B): Sections modified to incorporate "Policies Regarding Signage on Public Property" in to the municipal code. This policy is currently an un- codified document that City Council approved in 2001. Changes to the policy itself, suggested by the community special events committee, are discussed below: o Allow unlimited number of signs oriented inwards towards event venues be permitted: Catalyst/Committee Recommendation: allowing for unlimited signs at the event. As outlined above Staff Recommendation: Staff supported the recommendation of the Committee. P&Z Recommendation: The P&Z recommended a limit of no more than two (2) signs per sponsor. 2 o Allow 5 signs oriented towards rights-of-way from event venues o Allow sponsorship names on signs on public property but limit to no more than 30% of the sign area o Allow one inflatable per event, no more than 20 ft. in height, if a suitable on-site location can be provided: Catalyst/Committee Recommendation: As outlined above allowing the City of Aspen Special Events Committee to approve no more than one inflatable. Staff Recommendation: Staff recogmzes that these requests typically come up at the last minute and that sponsorship is important to attracting events to the city. Nonetheless, staff has concerns with the suitability of allowing an inflatable at every event and every location on public property within the City of Aspen. P&Z Recommendation: P&Z concurred with the staff recommendation which would require City Council approve inflatables with the criteria that it is placed in a suitable location and that there is a demonstrable community benefit. o Allow the Special Events Committee to grant exceptions that meet certain criteria with an option to send requests for exceptions to City Council o Allow event anniversary banners to be placed on the Main Street Light Posts at the 10 year anniversary versus the 25 year anniversary and then allow every 5 years: Catalyst/Committee Recommendation: The special events "super group" recommended the anniversary date in which local organizations may placed banners on the Main Street Light Posts be reduced as outlined above. Staff Recommendation: In 2001, Council reiterated its policy as it relates to the banners on the Main Street Light Posts and that they only be allowed for 25, 50 and 75 year anniversaries of local organizations and for significant local, national and international events. Staff supports a policy of recognizing organizations which have endured and been an integral part of Aspen and therefore. staff believe the policy should remain in place as it is currently. P&Z Recommendation: recommendation. P&Z agreed with staff's . Political Signs, Sections 26.51O.120(B)(2) & (C)(2): The suggested change is to recognize political signs are permitted as a temporary sign without any additional regulations other than political signs are not permitted 3 . '.'~'''______~''''''__._~_~_~"'__'~,_,,~.,._e'_._ . _...,_.~_~_~,.__.~"~."~,.."~,__~~............~,~...__,_~",,,_,,._~~.~,,,.',.~..'""'~ - _".'"""""^____~... in public rights of way except as permitted per Section 26.510.110(8), Policies Regarding Signage on Public Property. . Sale Signs, Section 26.510.120(C)(3): The time in which sale signs must be removed has been lowered from 3 months to 30 days: Catalyst/Committee Recommendation: Lisa Baker suggested the regulation regarding sales signs be eliminated and the perhaps the City of Aspen should not be regulating when businesses have sales. Staff Recommendation: Staff had recommended the duration between when sale signs can be installed be reduced from 3 months to 30 days recognizing that perpetual "sale" and "going out of business" signs are an issue for some members of the community. P&Z Recommendation: The P&Z recommended the duration be 2 months. P&Z stated that 30 days was too short of duration and that 2 months was more appropriate. . Real Estate Signs, Section 26.510.120(C)(4): The current code is silent on real estate signs in non-residential zone districts. Staff has suggested language that is the same as residential zone districts. . Awnings, Section 26.510.130(D)(I)(b): Based on the excessive lettering on some recently installed awnings, staff has included awning lettering in the aggregate sign area allowed per each business. Currently, awning letters are not included in the aggregate sign area, allowing businesses with awnings far more sign area than those without awnings. . Standards for sandwich board and portable signs, Section 26.510.130(D)(I)(e): Staff has suggested design, size and location regulations based on a temporary approval of sandwich board signs that Council granted this past summer. Also, when the sandwich board regulations were temporarily adopted, only retail and restaurant uses were included. Staff has had to do enforcement with regards to real estate and timeshare coinpanies placing sandwich board signs on the mall. The language in the proposed ordinance does not include real estate companies and Council should determine if the code should regulate what uses are allowed sandwich board sIgns: Catalyst/Committee Recommendation: The Downtown Catalyst has received positive feedback from business owners with regards to the sandwich board signs. Staff Recommendation: Community Development staff has reservations as it relates to sandwich board signs because of the visual clutter it creates. Further, stronger enforcement will need to be instituted to ensure design quality and the proper location of the signs. 4 P&Z Recommendation: P&Z concurred with staff that proactive enforcement will need to take place to ensure quality design and proper placement of the signs. . Vacant Storefronts, Section 26.510.140(8): This section of the code has been modified to require property owners with vacant storefronts to provide window displays after the space has been vacant for more than thirty (30) days: Catalyst/Committee Recommendation: This suggestion originated in the business neighborhood meeting and City staff at that meeting agreed to consider this recommendation. Staff Recommendation: Community Development staff has concerns about its ability to enforce this regulation should it be adopted as well as the efforts it would take to coordinate. P&Z Recommendation: P&Z concurred with staff and recommended this proposal not be adopted. STAFF RECOMMENDATION: Staff recommends that the City Council recommend approval to the amendments with the exception of Section 26.5l0.1l0(B)(5)(b) as it relates to inflatables, Section 26.5l0.ll0(B)(4)(a) as it relates to the banners on Main St. Light Posts and Section 26.5l0.l40(B) as it relates to window displays in vacant storefronts. P&Z RECOMMENDATION: The Planning and Zoning Commission agreed with staffs recommendation and had two additional comments. The change to Section 26.51O.1l0(B)(5)(b) would allow for unlimited signs oriented towards a special event on City property. The Planning and Zoning Commission recommended that the code allow for no more than two signs per sponsor. The second recommendation relates to Section 26.5l0.120(C)(3), Temporary Sale Signs. Currently, the code allows sales signs to be up no more than fourteen (14) days and the signs must then be removed for no less than three (3) months. The Downtown Catalyst, Lisa Baker recommended not regulating the duration sales signs should be up or down. Community Development Department staff took a more moderate approach and suggested that sales signs be removed for at least thirty (30) day increments. The Planning and Zoning Commission recommends that sale signs be removed for not less than two (2) months before the signs can be installed for another fourteen (14) days. RECOMMENDED MOTION: "r move to approve Section 26.510, Signs, as proposed in the Community Development Department memorandum." =~ 'J/ (~... ~cr>..-' '7 5 ~,~,____,~,<_,_,"",__*-",,,___"__'~__~~_'_~_'''_~"_'~'~''M"".''_.."..,~__,,,,,,,,_,_,,,~,~,~,,,,,~,.,,,_,,,,~,,,,,,,~___,,,~__,~ Attachments: Exhibit A: Proposed Amendments to Section 26.510, Signs Exhibit B: Review Standards 6 ORDINANCE NO. to (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE AMENDMENTS TO THE FOLLOWING SECTION: 26.510, SIGNS, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department initiated code amendment changes to the above cited sections; and WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Ose Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; and, WHEREAS, the Community Development Department reviewed the Code Amendments to the above cited sections pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, during a public hearing on January 18, 2005, the Planning and Zoning Commission recommended, by a six to zero (5-0) vote, the City Council approve the amendments to Section 26.510; and, WHEREAS, the City Council conducted a public hearing, considered the recommendation of the Community Development Director and took public testimony for code amendments to Section 26.510; and, WHEREAS, City Council finds that the code amendments meet or exceed all applicable amendment standards and that the approval of the code amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment sections initiated by the Community Development Department are approved as noted below: CHAPTER 26.510 SIGNS Sections: 26.510.010 26.510.020 26.510.030 26.510.040 26.510.050 26.510.060 26.510.070 26.510.080 26.510.090 26.510.100 26.510.110 26.510.120 26.510.130 26.510.140 Purpose. Applicability and scope. Procedure for sign permit approval. Prohibited signs. ' Sign measurement. Sign setback. Sign illumination. Sign lettering, logos and graphic designs. Structural characteristics. Nonconforming signs. Signs on public right-of-way. Temporary signs. Zone district sign restrictions. Window displays. 26.510.010 Purpose., The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system ofreasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City of Aspen is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the city. Signage has a significant impact on the visual character and quality of the city. The proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City of Aspen must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City of Aspen as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. These sign regulations are intended to: A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives ofthe Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City of Aspen as a place to live, vacation and conduct business. 2 D. Address community needs relating to upgrading the quality of the tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the city's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the city, fostering the "village style" quality of the city, and preserving and enhancing scenic views. E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. ' H. Permit signs that are compatible with their surroundings and aid orientation, and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. I. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business. K. Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage along which the sign is to be placed. 1. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians. 26.510.020 Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City of Aspen except for the Aspen Highlands Village POD. Sign regulations 3 for Aspen Mountain POD were approved as City Council Ordinance 43, Series of 2003. No sign shall be allowed except as permitted by this Chapter. 26.510.030 Procedure for sign permit approval. A. Permit required. It shall be unlawful to erect, place, construct, reconstruct, or relocate any sign without first obtaining a sign permit from the Chief Building Official. B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Preventive maintenance. The ordinary preventative maintenance of a lawfully existing sign which does not involve a change of placement, size, lighting, color or height. 2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity. 3. Banners, pennants, streamers, and balloons and other gas-filled figures. Temporary banners, pennants, streamers, balloons and inflatables shall be permitted per Section 26.510.11 O(B), Policies Regarding Signage on Public Property. Streamers and balloons shall be permitted in association with a retail special event or sale of limited duration. 4. Construction signs. One freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated, and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 5. Directional or instructional signs. Signs, not exceeding six (6) inches by thirty (30) inches in area, which provide direction or instruction to guide persons to facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing direction or instruction to persons using a facility but not including those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs. 4 6. Fine art. Works of fine art which in no way identify or advertise a person, product, service or business. 7. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 8. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory purposes, street signs, warning signs, railroad crossing signs, signs of public service companies indicating danger, and aids to service and safety which are erected by, or for the order of government. 9. Historic designation. Signs placed on a historic building identifying the structure as a property listed on the Aspen Inventory of Historic Landmark Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in area. 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided that such decorations are maintained in safe condition and do not constitute a fire hazard. II. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use ofthe vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity, or direct people to a business or activity located on the same or nearby property. 12. Interior signs. Signs which are fully located within the interior of any building, or within an enclosed lobby or court of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building, and signs not to exceed 30" x 42", located within the inner or outer lobby, court, or entrance of any theatre which are intended solely for information relating to the interior operation of the building in which they are located. 13. Mail boxes, including street address. 14. Memorial signs. Memorial plaques or tablets, grave markers, statutory declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials, or other remembrances of persons or events that are noncommercial in nature. 15. Menu signs and real estate picture boxes. One sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is 5 located, and which advertises and/or identifies a restaurant menu, drinks, or foods offered, or special activities incidental to drink and food service, or real estate offering. 16. Public notices. Official government notices and legal notices. 17. Residential name and address signs. One freestanding or wall sign per detached dwelling unit or duplex unit, with an area not exceeding two (2) square feet, which identifies the name of the occupant and the street address of the dwelling unit. 18. Shielded light in architectural design that complies with Section 26.575.150. 19. Vending machine signs. Permanent, nonflashing signs on vending machines, gasoline pumps, ice or milk containers, or other similar machines indicating only the contents of such devices, the pricing of the contents contained within, directional or instructional information as to use, and other similar information. 20. Residential name and address signs. Every detached residential dwelling unit or duplex unit may have mailbox or wall signs with an area not to exceed two (2) square feet to identify the street address and the name( s) of the occupants. 21. Security signs. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo, or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of-way. 22. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, shall have a wall-mounted sign with an area not exceeding two (2) square feet, stating that it has been approved for timesharing and identifying the name and phone number of a contact person or management entity for the property. C. Application. A development application for a sign permit shall include the following information: 1. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building; 3. Proposed location of the sign on the building or parcel; 4. A blueprint or ink drawing of the plans, specifications, and method of construction of the sign and its supports, showing proposed dimensions, materials, and colors and the type, intensity, and design of the sign's illumination, if any; and 6 5. The dimensions, measurements, and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property; and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. If the Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development 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. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. 26.510.040 Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City of Aspen. A. "A" frame, sandwich board and sidewalk or curb signs except as allowed per Section 26.51O.l30(D)(l)( e). B. Billboards and other ofT-premise signs. Billboards and other off-premise signs, including security company signs which do not compiy with the regulations set forth in Section 26.51 0.040(B)(20), and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120. C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations. D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or information and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. 7 -~~_.'---- F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director, and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this paragraph. Signs of historical character shall not be subject to the provisions of this section. For the purpose of this section, historical signs are defined to be those signs at least fifty (50) years in age or older. G. Portable and wheeled signs except as allowed per Section 26.51 0.130(D)(I)( e). H. Roof signs. I. Search lights or beacons. J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot, or building other than the building to which the sign may be accessory. K. Signs containing untruthful or misleading information. 1. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. M. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant. N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer. O. Signs in public right-of way. A sign in, on, over or above a public right-of-way that in any way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right-of-way may be ordered removed by the Community 8 Development Director upon notice jfthe normal or emergency use of that right-of-way is changed to require its removal. P. Strings of light and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes, and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded. Q. Unsafe signs. Any sign which: I. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Oses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles, or utility poles, except where required by law; or , 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. (Ord. No. 55-2000, 913; Ord. No. 11-2001,9 I) S. Banners and pennants used for commercial purposes not associated with a special event approved by the Special Events Committee approval per Section 26.510.11 O(B). 26.510.050 Sign measurement. 9 A. General. In calculating the area allowance for signs in all zone districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Sign area. Sign area shall be the area of the smallest geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited toward allowable sign area at one-half (1/2) the measured area. C. Two or more faces. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except where two (2) such faces are placed back to back and are at no point more than two (2) feet from one another. The area of the sign shall be taken as the area of the face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. 26.510.060 Sign setback. Signs are not subject to the setback requirements of the zone district where they are located. 26.510.070 Sign illumination. A. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. B. Shielding illumination. lllumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from, and does not cast glare or direct light from artificial illumination upon, any adjacent public right-of-way, surrounding property, residential property or motorist's vision. Illumination shall comply with Section 26.575.150. 26.510.080 Sign lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut-out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut-out letter signs, shall exceed eighteen (18) inches in height and eighteen (18) inches in length. 26.510.090 Structural characteristics. 10 The following limitations shall apply to all freestanding, projecting and wall signs: A.Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less, and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the top of the principal building, and no sign part, including cut-out letters, shall project more than six (6) inches from the building wall. 26.510.100 Nonconforming signs. Nonconforming signs which were in existence on or before May 25, 1988, shall be discontinued on or before November 25, 1988. 26.510.110 Signs on public right-of-way. A.lt shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including lightposts, belonging to the City of Aspen without the permission of the City Councilor in compliance with Section 26.51O.11O(B), Policies Regarding Signage on Public Property. However, this section shall not be deemed to apply to signs posted by any duly constituted public authorities in the performance of their public duties, or to specific circumstances otherwise provided for in this Chapter. B. Policies Regarding Signage on Public Property I. Purpose of Regulations. The purpose of these regulations is to establish reasonable regulations for the posting of temporary signs, displays, and banners on certain public property. The regulations herein include (a) signage on public rights-of- way, (b) banners and flags on light posts on Main Street, (c) signs in City Parks, (d) displays in City Parks, (e) signs hung across Main Street at Third Street and (f) signs on public buildings. These regulations shall be read in conjunction with Chapter 26.510 of the Aspen Municipal Land Use Code and are not intended to supercede the regulations of signs as set forth therein. Temporary signs and displays provide an important medium through which individuals may convey a variety of noncommercial and commercial messages. However, left completely umegulated, temporary signs and displays can become a threat to public safety as a traffic hazard and detrimental to property values and the City's overall public welfare as an aesthetic nuisance. These regulations are intended to supplement Chapter II 26.510 of the Aspen Municipal Land Ose Code and to assist City staff to implement the regulations adopted by the Aspen City Council. These regulations are adopted to: a. balance the rights of individuals to convey their messages through temporary signs or displays and the right of the public to be protected against unrestricted proliferation of signs and displays; b. further the objectives of Chapter 26.510 of the Aspen Municipal Land Ose Code; and, c. ensure the fair and consistent enforcement of the sign and display regulations specified below. Section 26.510.110 of the Aspen Municipal Land Use Code states, "it shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including light posts, belonging to the City of Aspen without the permission of the City Council." Sign permits issued by the City Manager, or his designee, that are in conformance with these regulations shall constitute City Council permission within the meaning of Section 26.510.110 of the Aspen Municipal Code. Applications for sign permits that do not comply with these regulations shall be forwarded to the City Council for consideration if requested by the applicant. 2. Definitions. Unless otherwise indicated, the detinitions of words used in these regulations shall be the same as the definitions used in Chapter 26.510 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Banner means any sign of lightweight fabric, plastic, or similar material that is attached to any structure, pole, line or vehicle and possessing characters, letters, illustrations or ornamentations. Banner, Light post means any sign oflightweight fabric, plastic, or similar material that is attached to a light post and possessing characters, letters, illustrations or ornamentations which meets the dimensional requirements for and is intended to be installed on municipal light posts. Display means any symbol or object that does not meet the definition of a sign as defined in the Aspen Municipal Code, but like a sign is intended to convey a message to the public. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity which meets the dimensional requirements and is intended to be installed on municipal light posts. Public right-of-way means the entire area between property boundaries which is owned by a government, dedicated to the public use, or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly 12 maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls, and any public way. Sign means and includes the definition for sign as contained in Section 26.1 04.1 00 of the Aspen Municipal Code. The term shall also include "displays" as that term is defined above. Sign, Inflatable means any inflatable shape or figure designed or used to attract attention to a business event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this Chapter and, where applicable, subject to the regulations thereof. 3. Signs on Public Rights of Way a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily in the public right-of-way. Temporary signs shall be permitted in public rights-of-way to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or hanging across Main Street that are subject to different regulations and criteria. b. Size/Number/Material: Only two (2) signs per event/organization shall be permitted. Signs shall not exceed ten (10) square feet each and banners shall not exceed fifty (50) square feet. Banners must be made of nylon, plastic, or similar type material. Paper signs and banners are prohibited. c. Content: Signs authorized pursuant to this policy shall be limited to signs that advertise the name, date, time and location of a special event for noncommercial purposes. The City recognizes the success of special events often depends on commercial sponsorship. Therefore, the City shall allow signs that contain the name of the applicant and/or event, date, time, names and location of the event, as well as sponsorship names and logos; provided, however, that the total sponsorship information shall not be the most prominent information conveyed by the signs, and shall take up no more the 30% of the total area of the individual signs. d. Cost/Fees/Procedures:Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a signs plan to the Community Development Department for review and approval for a fee as outlined in Chapter 2.12 of the Aspen Municipal Code. Applications must be received a minimum of thirty (30) days prior to the event. The applicant shall also submit a refundable security deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. 13 e. Eligibility: Signs authorized pursuant to this policy shall be limited to a special campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes. f. Duration: Temporary signs authorized pursuant to this section shall be erected and maintained for a period not to exceed fourteen (14) days prior to the date of which the campaign, drive or activity, or event advertised is scheduled to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity or event. Small directional signs are permitted the day of the event only and must be removed immediately following said event. g. Maintenance: All signs and banners shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. h Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 4. Banners and Flags on Main St. Light Posts a. Purpose: Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate very special events of community interest. The purpose ofthese policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries (25th, 50th, 75th and loath) oflocal non-profit organizations and for prominent local, regional, state or national events. Prominent local, regional, state or national events shall not include recurring annual events or events that are not considered significant to a large segment of the community. The United States, Colorado, Aspen, and foreign country flags shall be permitted at the discretion of the City Manager, Mayor or City Council. b Size/Number/Material: All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be 2' in width by 4' in height to be compatible with mounting system on the light posts. Banners and flags must be made of nylon, plastic or similar material. Paper is not allowed. c. Content: Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no more than 30% of the area of the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. d CostlFees/Procedures:The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12 of the Aspen Municipal Code. A refundable security deposit as outlined in the current fee schedule shall be required to 14 assure replacement of damaged banners and retrieval of the banners from the City (see Section H for maintenance requirements). The applicant shall be required to submit an application to the City Manager's office showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one week prior to the event. Banners shall be delivered to the Utility Department on Fridays at least two (2) weeks prior to their installation. e. Eligibility: Only applications for significant anniversaries (25th, 50t!" 75th, and I ooth) of local non-profit organizations shall be eligible for consideration pursuant to this policy. All other requests from other organizations or for other types of events shall be forwarded to City Council. f. Duration: The display of banners and flags on the Main St. light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance: Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate light posts with other organizations. The City reserves the right to prioritize City sponsored events over other applications. i. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 5. Signs in City of Aspen Parks Related to Special Events in the City Park. a. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park (See below for those regulations.) The purpose of this policy is to regulate unattended temporary signs that are permitted in limited circumstances in City parks. The City recognizes that unattended temporary signs may be a necessary element to many special events that are permitted in City parks in order to communicate general information to the public and advertise services, products and offerings as well as sponsorship of the special event. Accordingly, temporary unattended signs are permitted, subject to these policies, when the signs are connected to a special event at a City park for which a permit has been obtained from the City. Signs in City parks are typically temporary in nature, and review occurs through the Special Event Committee. 15 b. Size/Number/Material: Onattended temporary signs located in City parks shall be limited in size to three (3) feet by six (6) feet. The number of signs oriented towards the event venue shall be limited to two signs per sponsor and the number of signs oriented towards the rights-of-way shall be limited to five (5) which shall not extent more than ten (10) feet above grade. Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. City Council may approve one inflatable per event of no more than twenty (20) feet in height if a suitable on-site location can be provided and if there is a demonstrable community benefit. c. Content/Location: The sign's content may include general information (i.e. dates, times, locations of activities) as well as advertisement of services, products, otTerings and sponsorship up to 30% of the area of the sign. Unattended temporary signs conveying a commercial message shall be set back at least ten (10) feet from the public right-of-way. d. Cost/Fees/Procedures:Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in the current fee schedule. The applicant shall also submit a refundable security deposit as outlined in the current fee ordinance to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. The applicant shall receive the necessary approval prior to the installation of any signs. Applications must be received no later than thirty (30) days prior to the event. e. Eligibility: Unattended temporary signs may be located in City parks only for the following reasons: a special campaign, drive, activity or event for a civic, philanthropic, educational or religious organization for noncommercial purposes for which a special event permit has been obtained from the City. An exception to this regulation is 6x30" directional signs for commercial organizations using City Parks. f. Duration: Onattended temporary signs may be erected and maintained only for the duration of the event, or forty-eight (48) hours, which ever is less. All signs must be removed immediately following the event. g. Maintenance: All signs must be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. A $50.00 refundable security deposit will be required to insure compliance. h. Exceptions: The Special Events Committee may grant exceptions to the size and number regulations if deemed an appropriate location and/or event. Included in its evaluation, the SpeCial Events Committee shall consider if there is a demonstrable community benefit to the event. The Special Events Committee, at this discretion may send any requests for exceptions to Section 26.5l0.ll0(B)(5) to City Council for review and approval. 16 6. Unattended Temporary Signs in Paepcke Park a. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke Park. The purpose of this policy is to regulate the placement of unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or religious in nature. b. Size/Number/Material: Applicants are limited to one sign that shall comply with the City of Aspen lighting and sign codes. The sign shall not to exceed fifty (50) square feet in size. A total of 4 signs shall be permitted in Paepcke Park at any single period of time and applications will be handled on a first come, first serve basis. c. Content/Location: The content of the display and any signs may not be commercial in nature. The applicant shall work with the City Parks Department to find an appropriate location so that there is minimal impact on the park. Displays may not be affixed on or near the gazebo, and shall not obstruct the view of the gazebo from Main Street. d. CostlFees/Procedures:The applicant shall pay an application fee and a refundable security deposit as outlined in the current fee schedule to cover any damages caused by the installation, maintenance or removal of the sign. The applicant shall reimburse the Parks Department for any electric fees. An application shall be submitted to the Community Development Department for review by the City Manager or his/her designee. Applications shall be received no later than thirty (30) days prior to the proposed installation of the object. e. Eligibility: Civic, philanthropic, education or religious non- profit organizations shall be eligible. The City reserves the right to deny any application for a sign that would interfere in City-sponsored activities in the park. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for g. Maintenance: All signs shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. The applicant must work with the City Parks Department regarding all maintenance issues. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 6. Signs Across Main Street at Third Street 17 a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily across the Main Street right-of-way at Third Street. Temporary signs shall be permitted in this location to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or signs other than those hanging across Main Street at Third Street. b. Size/NumberlMaterial: following specifications: Banners must consist of the (I) any type of durable material; (2) semi-circular wind holes in banner (3) metal rivets at all corners, and every 24 inches along the top and bottom of the banner; (4) size will be twelve (12) feet in length and three (3) feet in width. c. Content/Location: No commercial advertising will be allowed, except in cases where a sponsoring entity's name is part of the name of the event. In such cases the organization promoting the event may not construct the banner such that sponsoring entity's commercial name is the most overwhelming aspect of the banner and the sponsor's name and logo shall be limited to no more than 30% of area of the sign. Political advertising on or located in the public right-of-way on public property (even by a non-profit organization) is prohibited per Aspen Municipal Code 26.510.120 (C)(2)(b )(2). d. Cost/Fees/Procedures: (I) A Main Street Banner Application and Banner Policy and Procedure form must be obtained from the City Manager's Office and completed by the party making the request and returned to the City Manager's Office no less than thirty (30) days prior to the date requested to hang the banner. (2) The exact legend of the banner must be indicated in writing (see specific area on application form). For your benefit, it is found that banners are most visually effective when kept simple: i.e.: event, date, organization and logo. (3) A fee of $50 per one-sided banner or $100 per double-sided banner, per week, must accompany the application form and be reviewed in the City Manager's Office 30 days prior to the date the banner will be hung. All organizations will be charged the same rate, accordingl y. (4) All banners should be delivered directly to the City Electric Department, which is located in back of the post office at 219 Puppy Smith Road, by noon the Friday prior to the Monday hang 18 date. Any banner not delivered by noon the prior Friday is subject to an additional $50 charge. (5)Please pick up the banner from the Electric Department within 30 days after the display weekes). The City of Aspen assumes no responsibility for banners and any banners left more than 30 days may be discarded. e Eligibility: The City of Aspen provides space to hang four (4) single-sided banners and two (2) double-sided banners across Main Street with the intent of advertising community events, be it for Arts Organizations or Non-Profits and/or Not- For-Profit Organizations. These six spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November 151 for the following year. The first organization to have their contract negotiated, signed and paid will be offered the banner space on a first come, first serve basis. f. Duration: One banner, per event, may be hung for a maximum of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). Banner approvals are not guaranteed and will only be hung upon availability of the Electric Department staff. The length of time that a banner is to be hung is not guaranteed, and may be shortened at the discretion of the City. Based on his/her judgment as to the best interest of the City, the City Manager may determine which banners are to be given priority when there are multiple requests for the same time period. g. Maintenance: All banners shall be maintained III an attractive manner. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 7. Signs on Public Buildings a. Signs on public buildings shall be prohibited. 26.510.120 Temporary signs. A. General. No temporary sign is permitted within the city unless all other signs on the property upon which the temporary sign is to be erected, placed or affixed and the temporary sign itself conform to this Chapter. B. Residential uses and residential zone districts. For all residential uses and residential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.130, and then only if accessory and incidental to a permitted or conditional use: 19 1. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one temporary real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. 2. Temporary political signs. Temporary political signs. announcing political candidates seeking public office, political parties, or political and public issues shall be permitted. C. Nonresidential uses and nonresidential zone districts. For all nonresidential uses and nonresidential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.130, and then only if accessory and incidental to a permitted or conditional use: 1. Temporary sandwich board signs carried by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration, or identifying a restaurant menu, subject to the following: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone time. c. Area. The area of the temporary sign shall not exceed six (6) square feet per side. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties, or political and public issues shall be permitted. There shall be no temporary political signs permitted on or located in the public right-of-way or on public property except as permitted per Section 26.5l0.llO(B) Policies Regarding Signage on Public Property. 20 3. Temporary sale signs. Temporary sale signs, announcing special sales of products and services, shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (I) temporary sale sign in any window, and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Temporary sale signs may be maintained for a period not to exceed fourteen (14) days, and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale, whichever shall occur first, and shall not be replaced for at least two (2) months following the removal of the sign(s). 4. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. b. Number. There shall be not more than one temporary real estate for sale or rent sign per unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. 26.510.130 Zone district sign restrictions. A. Residential uses. For all residential uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: 1. Home occupation, multiple-family dwelling complex, or mobile home park identification signs. 21 a. Type. The home occupation, multiple family dwelling complex, or mobile home park identification signs shall be freestanding signs or wall signs. b. Number. There shall be not more than one freestanding or wall sign per home occupation, or per street entrance of a multiple-family dwelling complex or mobile home park. c. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit, and shall not exceed a total of twenty (20) square feet. d. Illumination. A home occupation identification sign may be illuminated only when it is identifying a home occupation of an emergency service nature. A multiple-family dwelling complex or mobile home park identification sign may be illuminated. B. Institutional uses. For all church, school and public administrative building uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. Church, school or public administrative building identification signs. a. Type. The church, school or public administrative building identification sign shall be a freestanding or wall sign. b. Number. There shall be not more than two (2) signs permitted along the lot frontage on anyone street, not to exceed a total of four (4) signs per lot, subject to the area requirements in Section 26.510.130 (B)(l)( c). c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for anyone use on anyone frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated except when located in a residential zone district. 22 C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. Recreation club or open use recreation site designation signs. a. Type. The recreation club or open use recreation site designation sign shall be a freestanding or wall sign. b. Number. There shall be not more than one sign per use permitted along the lot frontage on anyone street, not to exceed a total of two (2) signs per lot, subject to the area requirements in Section 26.510.130 (C)(l )( c). c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the area of the lot within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for anyone frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated only during hours of normal operation. D. Commercial uses. For all Commercial Core (CC), Commercial (C-l), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), Office (0) or Service/ Commercial/Industrial (SCI) zone district uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: I. Business or occupancy identification signs. a. Type. The business and occupancy identification signs shall be freestanding signs, projecting signs, wall signs, including cutout letter signs, or lettering on awnings. 23 b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: freestanding signs, projecting signs, or wall signs, including a cut-out letter sign subject to the area requirements in Section 26.51 0.130(D)(l)( c). In addition, there shall be no limit on the number of business and occupancy identification signs which may be placed in the windows of the business; provided, that said signs shall count against the aggregate sign area permitted as ifthe window sign was a cut-out letter sign. There shall also be no limit on the number of awnings which may be lettered; provided, that said signs shall count against the aggregate sign area permitted as if the window sign was a cut-out letter sign. c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (4 ) Awning sign. The area of an awning sign shall not be limited, but the lettering on the awning shall not exceed six (6) inches in height. (5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign areaJor each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. If there is more than one use or tenant within the principal building, then the aggregate sign area permitted for each use or tenant within the building shall be that portion of the aggregate sign area as agreed upon by the owner( s) and occupant( s) of the building. The Community Development Director shall be notified of such agreement and the respective proportionate shares of signage. In no case shall the aggregate sign area for anyone use on anyone frontage exceed twenty (20) square feet. d. Location. The business and occupancy identification signs shall be located on the business being identified, unless the business does not have frontage at street grade. For such businesses, one sign may be located on the business being identified and the other sign may be included in a business directory sign. e. Portable and sandwich board signs. Portable and sandwich board signs shall be permitted in the Commercial Core (CC) and Commercial (C-l) zone districts. Portable and sandwich board signs are limited to Retail and Restaurant uses. Portable and sandwich board signs are prohibited for Office Oses. 24 (1) Portable sandwich board signs are limited to nine (9) square feet in size and shall not count in the aggregate sign area. (2) Businesses are limited to one sandwich board or portable sign per business. (3) Portable sandwich board signs must be made primarily of wood or metal and must have a professional finish. (4) Insets must be chalkboard. Dry erase boards are prohibited. (5) A six (6) foot travel width must be maintained on sidewalks and a eight (8) foot travel width on the pedestrian malls. (6) Sandwich board and portable signs are not permitted on rights of way or pedestrian malls overnight. (7) A separate sandwich board sign permit must be approved by the Chief Building Official. 2. Business directory signs. a. Type. The business directory signs shall be wall signs or freestanding signs. b. Number. There shall be not more than one business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: For I to 5 businesses--One square foot of sign area per business. For 6 to 10 businesses--Five square feet plus 1/2 square foot for each business over five businesses. For more than 10 businesses--7 1/2 square feet, plus 1/4 square foot for each business over ten businesses, to a maximum sign area of 10 square feet. 26.510.140 Window displays. Window displays of merchandise, and representations thereof, are not subject to sign regulations, sign square footage, and do not require a sign permit, except the following are prohibited in window displays: I. Televisions, computer monitors, or other similar technological devices that create oscillating light. 2. Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. 25 Section 2: All material representations and commitments made by the applicant pursuant to the Code Amendment approval as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such Code Amendment approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City Council of the City of Aspen on this 15th day of February 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 15th Day of March 2005. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney 26 EXHIBIT A PROPOSED AMENDMENTS: Staff proposes the following changes to the text of the Land 0 se Code, with the text to be added underlined and the text to be deleted with a strikethrollgh: Sections: 26.510.010 26.510.020 26.510.030 26.510.040 26.510.050 26.510.060 26.510.070 26.510.080 26.510.090 26.510.100 26.510.110 26.510.120 26.510.130 26.510.140 CHAPTER 26.510 SIGNS Purpose. Applicability and scope. Procedure for sign permit approval. Prohibited signs. Sign measurement. Sign setback. Sign illumination. Sign lettering, logos and graphic designs. Structural characteristics. Nonconforming signs. Signs on public right-of-way. Temporary signs. Zone district sign restrictions. Window displays. 26.510.010 Purpose. The purpose of this Chapter is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. Toward this end, the City Council finds that the City of Aspen is an historic mountain resort community that has traditionally depended on a tourist economy. Tourists, in part, are attracted to the visual quality and character of the city. Signage has a significant impact on the visual character and quality of the city. The proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with a high quality resort environment. Effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. The City of Aspen must compete with many other Colorado, national and international resort communities for tourism opportunities. In order to preserve the City of Aspen as a desirable community in which to live, vacation and conduct business, a pleasing, visually attractive environment is of foremost importance. I These sign regulations are intended to: A. Preserve and maintain the City of Aspen as a pleasing, visually attractive environment. B. Promote and accomplish the goals, policies and objectives of the Aspen Area Comprehensive Plan. C. Enhance the attractiveness and economic well-being of the City of Aspen as a place to live, vacation and conduct business. D. Address community needs relating to upgrading the quality ofthe tourist experience, preserving the unique natural environment, preserving and enhancing the high quality human existence, retaining the city's premier status in an increasingly competitive resort market, preserving the historically and architecturally unique character of the city, fostering the "village style" quality of the city, and preserving and enhancing scemc views. E. Enable the identification of places of residence and business. F. Allow for the communication of information necessary for the conduct of commerce. G. Encourage signs that are appropriate to the zone district in which they are located and consistent with the category of use to which they pertain. H. Permit signs that are compatible with their surroundings and aid orientation, and preclude placement in a manner that conceals or obstructs adjacent land uses or signs. 1. Preclude signs from conf1icting with the principal permitted use of the site or adjoining sites. J. Curtail the size and number of signs and sign messages to the minimum reasonabl y necessary to identify a residential or business location and the nature of any such business. K. Establish sign size in relationship to the scale of the lot's street frontage and building's street frontage along which the sign is to be placed. 1. Protect the public from the dangers of unsafe signs, and require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic. 2 N. Regulate signs in a manner so as to not interfere with, obstruct vision of, or distract motorists, bicyclists or pedestrians. 26.510.020 Applicability and scope. This Chapter shall apply to all signs of whatever nature and wherever located within the City of Aspen except for the Aspen Highlands Village PUD. Sign regulations for Aspcn Mountain PUD were approved as Citv Council Ordinance 43, Series 01'2003. No sign shall be allowed except as permitted by this Chapter. 26.5Hl.()30 Procedure for !li<,:;n permit IIppro\'ltl. 26.510.030 Procedure for sign permit approval. A. Permit required. It shall be unlawful to erect, place, construct, reconstruct, or relocate any sign without first obtaining a sign permit from the Chief Building Official. B. Exempt signs. The following signs or sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be construed as relieving the applicant and owner of the sign from the responsibility of complying with all applicable provisions of this Title. The exemption shall apply to the requirement for a sign permit under this Section. 1. Preventive maintenance. The ordinary preventative maintenance of a lawfully existing sign which does not involve a change of placement, size, lighting, color or height. 2. Repainting. The repainting of a lawfully existing sign exactly as it was prior to such activity. 3. Banners, pennants, streamers, and balloons and other gas-filled figures. Temporary banners, pennants, streamers, amJ-.balloons and intlatahles -shall be permitted per Section 26.510.11 om l. Policies Regarding Signagc on Public ProPcl1v. Slr<:amers ;lnd balloons shall be permitted in association with a retail speeial event or sale of limited ,cj,!,!ration, ,or o,h<:r ga.: Iilkd figur<::: adwrti::ing a sp<:cial campaign. drive, a<:tiyity or event of a civic. philanthropic. educational. or religiou:; organi;~ation fi:)r noncommcrcial purpo:;e::, ::ubjec, to the follo'o'.,iflgO a. Location. /\ny :;ueh tcmporary sign whieh extend:; over or onto a public ribl1t of '",'ay :;hall bc erected [md ml~intained in ::uch a nmnner a:; to not inter!'ere ,,,*11 or obc:truct aeces::, actiyity, or yic:ion al1mg any such public ribht of ....ay. and :;hall be subject to the written approval (H'-the city manager. b. Timing. Such temporary Jibn:; IRa) be erected and maintained Ji:)]. a pefitld-fl~) m(eeed fourteen (1'1) day:; prior to the date of which the campaign. drivt" 3 at'!'f.v.ity.f)l' event advet1i~;ed is ~;elwcluled to occur and sllall be-remo\'0cl within-three-f;>-J day:; ofthc termination of~;uch-eampaign, drivc, activity, or cvcnt. c. Dimcn~;ion~;. -rempor;,ry :;ign;; ~;halll1ot excced fifty (50) :;quurc leet in urea, 4. Construction signs. One freestanding or wall sign along each lot line frontage on a street for a site under construction not to exceed a total of two (2) signs per site, which do not exceed six (6) square feet in area per sign, which are not illuminated, and which identify individuals or companies involved in designing, constructing, financing or developing a site under construction. Such signs may be erected and maintained only for a period not to exceed thirty (30) days prior to commencement of construction and shall be removed within fourteen (14) days of termination of construction. A graphic design painted on a construction barricade shall be permitted in addition to such signs, provided it does not identify or advertise a person, product, service or business. 5. Directional or instructional signs. Signs, not exceeding six (6) inches by thirty (30) inches in area, which provide direction or instruction to guide persons to facilities intended to serve the public. Such signs include those identifying restrooms, public telephones, public walkways, public entrances, freight entrances, affiliation with motor clubs, acceptance of designated credit cards, and other similar signs providing direction or instruction to persons using a facility but not including those signs accessory to parking areas. Advertising material of any kind is strictly prohibited on directional and instructional signs. 6. Fine art. Works of tine art which in no way identify or advertise a person, product, service or business. 7. Flags. Flags, emblems and insignia of political or religious organizations providing such flags, emblems and insignia are displayed for noncommercial purposes. 8. Government signs. Signs placed or erected by governmental agencies or nonprofit civic associations for a public purpose in the public interest, for control of traffic and for other regulatory purposes, street signs, warning signs, railroad crossing signs, signs of public service companies indicating danger, and aids to service and safety which are erected by, or for the order of government. 9. Historic designation. Signs placed on a historic building identifying the structure as a property listed on the Aspen Inventory of Historic Landmark Sites and Structures, which sign shall be a wall sign not to exceed six (6) square feet in area. 10. Holiday decorations. Noncommercial signs or other materials temporarily displayed on traditionally accepted civic, patriotic, and/or religious holidays, provided that such decorations are maintained in safe condition and do not constitute a tire hazard. 4 11. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers where the sign is incidental to the primary use of the vehicle or trailer. This is in no way intended to permit signs placed on or affixed to vehicles or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity, or direct people to a business or activity located on the same or nearby property. 12. Interior signs. Signs which are fully located within the interior of any building, or within an enclosed lobby or court of any building, which are not visible from the public right-of-way, adjacent lots or areas outside the building, and signs not to exceed 30" x 42", located within the inner or outer lobby, court, or entrance of any theatre which are intended solely for information relating to the interior operation of the building in which they are located. 13. Mail boxes, including street address. 14. Memorial signs. Memorial plaques or tablets, grave markers, statutory declaring names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials, or other remembrances of persons or events that are noncommercial in nature. 15. Menu signs and real estate picture boxcs. One sign per use, with an area not to exceed four (4) square feet, with a height not to exceed the eave lines or parapet wall of that portion of the principal building in which the use to which the sign applies is located, and which advertises and/or identifies a restaurant menu, drinks, or foods offered, or special activities incidental to drink and food service,g.f real estate ofl'erjn,g. 16. Public notices. Oflicial government notices and legal notices. 17. Residential name and address signs. One freestanding or wall sign per detached dwelling unit or duplex unit, with an area not exceeding two (2) square feet, which identifies the name of the occupant and the street address of the dwelling unit. 18. Shielded light in architectural design that complies with Section 26.575.150. Light~; pcrmanently am)led to a building ['.lid made an integral par~ of' the butJ4.H.g.ilmhiteeturally. de:;igned for that building,.ctirected only at and not away-ffHm the building, and.'sfH€,lded if: such a IHilHlleT that the li;;h: sOHl'C-e-i54i:(Cd and i; nHt directly \ i:;ible f'rom any public right of' '",ay or any area out:;ide the lot on which the building i:; located, pnwided o;ueh light:; are not t1a:;hing lights. 19. Vending machine signs. Permanent, nonflashing signs on vending machines, gasoline pumps, ice or milk containers, or other similar machines indicating only the contents of such devices, the pricing ofthe contents contained within, directional or instructional information as to use, and other similar information-f1H~edil1;; fOHf 5 (4) squarc fcct in arca for cach cKposed- sign facc nor cKceeding aJH{ggrcgakLstgfl-ilfea-Hf etgh!-(8) :;quare fcct. 20. Residential name and address signs. Every detached residential dwelling unit or duplex unit may have mailbox or wall signs with an area not to exceed two (2) square feet to identify the street address and the name(s) ofthe occupants. 21. Security signs. Every parcel may display security signs not to exceed an area of six inches wide by six inches long (6" x 6"). Security signs may contain a message, logo, or symbol alerting the public to the presence of a security system on the premises. Security signs shall be of a neutral color. Security signs may not be placed in the City right-of-way. 22. Timeshare identification signs. A building that is approved for exempt timesharing, pursuant to Section 26.590.030, shall have a wall-mounted sign with an area not exceeding two (2) square feet, stating that it has been approved for timesharing and identifYing the name and phone number of a contact person or management entity for the property. C. Application. A development application for a sign permit shall include the following information: I. That information required on the form provided by the Community Development Director; 2. A letter of consent from the owner of the building~c applicant i:; not thc owner or a tcnant; 3. Proposed location of the sign on the building or parcel; 4. A blueprint or ink drawing of the plans, specifications, and method of construction ofthe sign and its supports, showing proposed dimensions, materials, and colors and the type, intensity, and design of the sign's illumination, if any; and 5. The dimensions, measurements, and calculations of building frontages and line frontages on streets and alleys; the dimensions of any other sign located on the property; and any other information needed to calculate permitted sign area, height, type, placement or other requirements of these regulations. D. Determination of completeness. After a development application for a sign permit has been received, the Community Development Director shall determine whether the application is complete. lfthe Community Development Director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The Community Development Director shall take no further action on the application unless the deficiencies are remedied. If the application is determined complete, the Community Development Director shall notify the applicant of its 6 completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Chapter. E. Determination of compliance. After reviewing the application and determining its compliance and consistency with the purposes, requirements and standards in this Chapter, the Community Development Director shall approve, approve with conditions or deny the development application for a sign permit. 26.510.040 Prohibited signs. The following signs are expressly prohibited for erection, construction, repair, alteration, relocation or placement in the City of Aspen. A. "A" frame, sandwich board and sidewalk or curb signs cxccpt as allowcd pcr Scction 26.510.130(1))(1 )(c). B. Billboards and other off-premise signs. Billboards and other off'-premise signs, including security company signs which do not comply with the regulations set forth in Section 26.51O.040(B)(20) and signs on benches, are prohibited, except as a temporary sign as provided for in Section 26.510.120. C. Flashing signs. Signs with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color, or use intermittent electrical pulsations. D. Moving signs. Signs with visible moving, revolving, rotating parts, or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, including automatic electronically controlled copy changes. E. Neon and other gas-filled light tubes. Neon lights, televisions used for advertising or information and other gas-filled light tubes, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. F. Obsolete signs. A sign which identifies or advertises an activity, business, product, service or special event no longer produced, conducted, performed or sold on the premises upon which such sign is located. Such obsolete signs are hereby declared a nuisance and shall be taken down by the owner, agent or person having the beneficial use of such sign within ten (10) days after written notification from the Community Development Director, and upon failure to comply with such notice within the time specified in such order, the Community Development Director is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which the sign was located. That an obsolete sign is nonconforming shall not modify any of the requirements of this paragraph. Signs of historical character shall not be subject to the provisions of this section. For the purpose of this section, historical signs are defined to be those signs at least fifty (50) years in age or older. 7 G. Portable and wheeled signs,9xcePl as allowed per Section 26.51 O.130( D)( 1 He)., H. Roof signs. I. Search lights or beacons. J. Signs causing direct glare. A sign or illumination that causes any direct glare into or upon any public right-of-way, adjacent lot, or building other than the building to which the sign may be accessory. K. Signs containing untruthful or misleading information. L. Signs creating optical illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. M. Signs obstructing egress. A sign which obstructs any window or door opening used as a means of egress, prevents free passage from one part of a roof to any other part, interferes with an opening required for legal ventilation, or is attached to or obstructs any standpipe, fire escape or fire hydrant. N. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use ofthe vehicle or trailer. O. Signs in public right-of way. A sign in, on, over or above a public right-of-way that in any way interferes with normal or emergency use of that right-of-way. Any sign allowed in a public right-of-way may be ordered removed by the Community Development Director upon notice if the normal or emergency use of that right-of-way is changed to require its removal. P. Strings oflight and strip lighting. Strip lighting outlining commercial structures and used to attract attention for commercial purposes, and strings of light bulbs used in any connection with commercial premises unless the lights shall be shielded. Q. Onsafe signs. Any sign which: 1. Is structurally unsafe; 2. Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation; 8 ", -",-->~~"---,,,,"~,--,-,,~,"^--<'-"~'-""-~'"""'-"~''^ ,,-- 3. Is not kept in good repair; 4. Is capable of causing electrical shocks to persons likely to come into contact with it; 5. In any other way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official government regulatory or informational sign; 6. Uses any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle, or creates, in any other way, an unsafe distraction for vehicle operators or pedestrians; 7. Obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare; 8. Is located on trees, rocks, light poles, or utility poles, except where required by iaw; or 9. Is located so as to conflict with the clear and open view of devices placed by a public agency for controlling traffic or which obstructs a motorist's clear view of an intersecting road, alley or major driveway. R. Street blimps. Parked or traveling cars used primarily for advertising, sometimes referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's primary use is exempt. (Ord. No. 55-2000, ~ 13; Ord. No. 11-2001, ~ I) S. Banners and pcnnants uscd for commcrcial purposes not associatcd with a spccial cvent apPf9ved bv thc Spccial Evcnts Committcc approval pcr Scction ')6.5IQ~1Qi.!ll 26.510.050 Sign measurement. A. General. In calculating the area allowance for signs in all zone districts, there shall be taken into account all signs allowed therein including window decals and signs identifying distinctive features and regional or national indications of approval of facilities. B. Sign area. Sign area shall be the area of the smallest geometric figure which encompasses the facing of a sign including copy, insignia, background and borders, provided that cut-out letter signs shall be considered wall signs and their aggregate area shall be credited toward allowable sign area at one-half (1/2) the measured area. C. Two or more faces. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except where two (2) such faces are 9 placed back to back and are at no point more than two (2) feet from one another. The area of the sign shall be taken as the area of the face if the two (2) faces are of equal area, or as the area ofthe larger face if the two (2) faces are of unequal area. 26.510.060 Sign setback. Signs are not subject to the setback requirements of the zone district where they are located. 26.510.070 Sign illumination. A. Prohibited illumination. No sign shall be illuminated through the use of internal illumination, rear illumination, fluorescent illumination or neon or other gas tube illumination, except when used for indirect illumination and in such a manner as to not be directly exposed to public view. B. Shielding illumination. Illumination of signs shall be designed, located, shielded and directed in such a manner that the light source is fixed and is not directly visible from, and does not cast glare or direct light from artificial illumination upon, any adjacent public right-of-way, surrounding property, residential property or motorist's vision. lllumination shall comply with Section 26.575.150. 26.510.080 Sign lettering, logos and graphic designs. A. Lettering. No lettering on any sign, including cut-out letter signs, shall exceed twelve (12) inches in height, except that the initial letter in each word shall not exceed eighteen (18) inches in height. B. Logos. No logo on any sign, including cut-out letter signs, shall exceed eighteen (18) inches in height and eighteen (18) inches in length. (Ord. No. 9-2002, ~13) 26.510.090 Structural characteristics. The following limitations shall apply to all freestanding, projecting and wall signs: A. Freestanding signs. Freestanding signs shall not be higher than the principal building or fifteen (15) feet, whichever is less, and shall be a minimum of eight (8) feet above grade when located adjacent to a pedestrian way. B. Projecting signs. Projecting signs shall not be higher than the eave line or parapet wall of the top of the principal building, shall be a minimum of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way and shall not extend more than four (4) feet from the building wall to which they are attached, except where such sign is an integral part of an approved canopy or awning. 10 C. Wall signs. Wall signs shall nat be higher than the eave line or parapet wall afthe top of the principal building, and no. sign part, including cut-out letters, shall project more than six (6) inches from the building wall. 26.510.100 Nonconforming signs. Nonconforming signs which were in existence an or before May 25, 1988, shall be discontinued on or befare Navember 25, 1988. 26.510.110 Signs on public right-of-way. A.-It shall be unlawful to erect or maintain any sign in, on, over ar above any land or right-of-way or an any property, including lightpasts, belonging to. the City of Aspen without the permission of the City Council"or in campliance with Sectian 26.510.11 O(ll). Policies Rel!arding Signage on Public Propcrtv. However, this section shall not be deemed to apply to signs pasted by any duly canstituted public autharities in the perfarmance of their public duties, or to specific circumstances otherwise provided for in this Chapter. B. Policies Regarding Signage on Public Property I. Purpose af Regulations. The purpose of these regulations is to. establish reasanable regulatians for the posting of temparary signs, displays, and banners on certain public property. The regulations herein include (a) signage on public rights-af- way, (b) banners and flags on light pasts on Main Street, (c) signs in City Parks, (d) displays in City Parks, (e) signs hung across Main Street at Third Street and (t) signs on public buildings. These regulations shall be read in canjunction with Chapter 26.510 of the Aspen Municipal Land Use Cade and are nat intended to. supercede the regulatians of signs as set forth therein. Temporary signs and displays provide an important medium through which individuals may canvey a variety afnancommercial and commercial messages. However, left completely unregulated, temporary signs and displays can became a threat to. public safety as a traffic hazard and detrimental to property values and the City's overall public welfare as an aesthetic nuisance. These regulations are intended to supplement Chapter 26.510 of the Aspen Municipal Land Ose Code and to. assist City staff to implement the regulations adapted by the Aspen City Council. These regulations are adapted to: a. balance the rights af individuals to convey their messages through temparary signs or displays and the right of the public to be protected against unrestricted proliferation af signs and displays; b. further the objectives afChapter 26.510 afthe Aspen Municipal Land Use Code; and, c. ensure the fair and consistent enfarcement af the sign and display regulations specified belaw. 11 Section 26.510.110 of the Aspen Municipal Land Use Code states, "it shall be unlawful to erect or maintain any sign in, on, over or above any land or right-of-way or on any property, including light posts, belonging to the City of Aspen without the permission of the City Council." Sign permits issued by the City Manager, or his designee, that are in conformance with these regulations shall constitute City Council permission within the meaning of Section 26.510.110 of the Aspen Municipal Code. Applications for sign permits that do not comply with these regulations shall be forwarded to the City Council for consideration ifrequested by the applicant. 2. Definitions. Unless otherwise indicated, the definitions of words used in these regulations shall be the same as the definitions used in Chapter 26.510 of the Aspen Municipal Land Use Code. In addition, the following definitions shall apply: Banner means any sign of lightweight fabric, plastic, or similar material that is attached to any structure, pole, line or vehicle and possessing characters, letters, illustrations or ornamentations. Banner, Light post means any sign of lightweight fabric, plastic, or similar material that is attached to a light post and possessing characters, letters, illustrations or ornamentations which meets the dimensional requirements for and is intended to be installed on municipal light posts. Display means any symbol or object that does not meet the definition of a sign as defined in the Aspen Municipal Code, but like a sign is intended to convey a message to the public. Flag means any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity which meets the dimensional requirements and is intended to be installed on municipal light posts. Public right-of-way means the entire area between property boundaries which is owned by a government, dedicated to the public use, or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, pedestrian malls, and any public way. Sign means and includes the definition for sign as contained in Section 26.104.100 of the Aspen Municipal Code. The term shall also include "displays" as that term is defined above. Sign, Inflatable means anv inl1atable shapc or figme designed or used to attract 12 attcntion to a busincss cvcnt or location. Inflatablc promotional dcviccs shall pc ~)l1sidcrcd t(~_PC temporary signs under the' tcrms of this Chaptcl:l1l)d. ~yJlerc appl icablc. subiect to the rcgulations thcreof 3. Signs on Public Rights of Way a. Purpose: The purpose ofthis policy is to regulate signs permitted to be located temporarily in the public right-of-way. Temporary signs shall be permitted in public rights-of-way to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These regulations do not apply to banners on the Main Street light posts or hanging across Main Street that are subject to different regulations and criteria. b. Size/Number/Material: Only two (2) signs per event/organization shall be permitted. Signs shall not exceed ten (10) square feet each and banners shall not exceed fifty (50) square feet. Banners must be made of nylon, plastic, or similar type material. Paper signs and banners are prohibited. c. Content: Signs authorized pursuant to this policy shall be limited to signs that advertise the name, date, time and location of a special event for noncommercial purposes. The City recognizes the success of special events often depends on commercial sponsorship. Therefore, the City shall allow signs that contain the name of the applicant and/or event, date, time, names and location of the event, as well as sponsorship names and logos; provided, however, that the total sponsorship information shall not be the most prominent information conveyed by the signs, and shall take up no more the 30% of the total area of the individual signs. d. Cost/Fees/Procedures:Applicants shall be required to pay the necessary fees for approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a signs plan to the Community Development Department for review and approval for a fee as outlined in Chapter 2.12 of the Aspen Municipal Code. Applications must be received a minimum of thirty (30) days prior to the event. The applicant shall also submit a refundable security deposit as outlined in the current fee schedule to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. e. Eligibility: Signs authorized pursuant to this policy shall be limited to a special campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes. 13 f. Duration: Temporary signs authorized pursuant to this section shall be erected and maintained for a period not to exceed fourteen (14) days prior to the date of which the campaign, drive or activity, or event advertised is scheduled to occur and shall be removed within three (3) days of the termination of such campaign, drive, activity or event. Small directional signs are permitted the day of the event only and must be removed immediately following said event. g. Maintenance: All signs and banners shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. h Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 4. Banners and Flags on Main St. Light Posts a. Purpose: Banners and flags hung from light posts on Main Street have traditionally been permitted to celebrate very special events of community interest. The purpose of these policies and regulations is to clarify which events may be celebrated and advertised through the use of banners or flags hung from the City-owned light posts on Main Street. Banners hung from the Main Street light posts shall be permitted for significant anniversaries (25th, 50t\ 75th, and 100tll) oflocal non-profit organizations and for prominent local. rCl!ionat statc or national cvcnts~. Prominent local, regional, state or national events shall not include recurring annual events or events that are not considered significant to a large segment of the community. The Onited States, Colorado, Aspen, and foreign country flags shall be permitted at the discretion of the City Manager, Mayor or City Council. b. Size/Number/Material: All proposed banners or flags should meet the City's specifications for size, mounting and material. Banners shall be 2' in width by 4' in height to be compatible with mounting system on the light posts. Banners and tlal!s must be made of nylon, plastic or similar material. Paper banner:; and nag;; arc j}fillHbitf.'<lis not allowcd. c. Content: Banners shall only contain information identifying the event, the date and time or a simple graphic/logo related to the event. Any commercial advertising shall be minimized so that any commercial content is not the most prominent information conveyed on the banner or flag and shall be limited to no 111().L"'~ than 30'!!o of the area or the sign. The City reserves the right to request changes to the design, color or content in order to assist the applicant to comply with this requirement. d Cost/Fees/Procedures: The cost of installation is outlined in the current fee schedule set forth at Chapter 2.12 of the Aspen Municipal Code. A refundable security deposit as outlined in the current fee schedule shall be required to assure replacement of damaged banners and retrieval of the banners from the City (see Section H for maintenance requirements). The applicant shall be required to submit an 14 application to the City Manager's otlice showing the dimensions, design and colors of the proposed banners or flags at least three (3) months prior to the event. Flags are required to be delivered to the City Parks Department one week prior to the event. Banners shall be delivered to the Otility Department on Fridays at least two (2) weeks prior to their installation. e. Eligibility: Only applications for significant anniversaries (251\ 501h, 751h, and IOOlh) of local non-profit organizations shall be eligible for consideration pursuant to this policy. All other requests from other organizations or for other types of events shall be forwarded to City Council. f. Duration: The display of banners and flags on the Main St. light posts shall not exceed fourteen (14) days or the duration of the event, whichever is less. g. Maintenance: Prior to the placement of banners or flags on City street light posts, the applicant shall provide to the City a number of replacement flags or banners to be determined by the City. These replacement flags or banners shall be used by the City to replace banners or flags that are stolen or damaged. The cost of replacing banners or flags shall be deducted from the security deposit. Once banners have been removed, the applicant shall be required to pick up the banners from the City within three (3) days. '" h. Priority: Banner and flag applications shall be handled on a first come, first serve basis. Applicants may be asked to alternate light posts with other organizations. The City reserves the right to prioritize City sponsored events over other applications. i. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 5. Signs in City of Aspen Parks Related to Special Events in the City Park. a. Purpose: Unattended signs are generally prohibited in City parks. Separate regulations apply to temporary unattended signs placed in Paepcke Park (See below for those regulations.) The purpose ofthis policy is to regulate unattended temporary signs that are permitted in limited circumstances in City parks. The City recognizes that unattended temporary signs may be a necessary element to many special events that are permitted in City parks in order to communicate general information to the public and advertise services, products and offerings as well as sponsorship of the special event. Accordingly, temporary unattended signs are permitted, subject to these policies, when the signs are connected to a special event at a City park for which a permit has been obtained from the City. Signs in City parks are typically temporary in nature, and review occurs through the Special Event Committee. b. Size/Number/Material: Onattended temporary signs located in City parks shall be limit€{l to onc (I) banacr per booth not :0 cKceed tiftY-{-;;+})~SltJffiffi 15 fuet total or onc ~;ign nBl-ffi-exeeed-t€Il+~O) "quare feeUimited in size to three (3) feet by six (6) feet. Thc number of signs oriented towards the cvent venue shall be unlimited and the number of signs oriented towards the rights-ol~wav shall be limited to live (5) which shall not extent more than ten (10) reet above grade.- Banners must be made of nylon, plastic or similar material. Paper banners and flags are prohibited. The City Council mllV apprJ?ve onejDl1atabl9 per event of no more than twentv (20) feet in height' if a suirable _em-site location can be jJro\iidcd and if there is a demonstrable communitv beneti t to the event. c. Content/Location: The sign's content may include general information (i.e. dates, times, locations of activities) as well as advertisement of services, products, offerings and sponsorship UP to 30% of the area of the sign. Unattended temporary signs conveying a commercial message shall be set back at least ten (10) feet from the public right-of-way and shall be oriented to the attendees-eHRe-eV€llt. d. Cost/Fees/Proeedures:Applicants shall be required to pay the necessary fees lor approval from the Special Events Committee. Any event not requiring review by the Special Events Committee shall submit a sign plan to the Community Development Department for review and approval for a fee as outlined in the current fee schedule. The applicant shall also submit a refundable security deposit as outlined in the current fee ordinance to be applied to any damages, repairs or the cost of removal if not corrected/removed by the applicant within three (3) days. The applicant shall receive the necessary approval prior to the installation of any signs. Applications must be received no later than thirty (30) days prior to the event. e. Eligibility: Onattended temporary signs may be located in City parks only for the following reasons: a special campaign, drive, activity or event lor a civic, philanthropic, educational or religious organization for noncommercial purposes for which a special event permit has been obtained from the City. An exception to this regulation is 6x30" directional signs for commercial organizations using City Parks. f. Duration: Onattended temporary signs may be erected and maintained only for the duration of the event, or forty-eight (48) hours, which ever is less. All signs must be removed immediately following the event. g. Maintenance: All signs must be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. A $50.00 refundable security deposit will be required to insure compliance. h. Exceptions: 'rhe Special Events Committee may !.(rant exeqltions to the size and number regulations if deemed an appropriate location and/or 9.\'ent. Included in its_ evaluation,Jhe Special Events Committee shall consider iftbel'e i,:; a demonstrable eommunitv benefit to the event. i\ny e)(eeption~; from the above requirement:; ~)hall require Ci:y Council review and approyalThe Special Events Committee, at its diserction may send any requests for cxeeptions to SL'etion 26.510.110(13)(5) to City Council for review and approval. 16 6. Onattended Temporary Signs in Paepcke Park a. Purpose: Unattended signs in public parks are prohibited with the exception to Paepcke Park. The purpose of this policy is to regulate the placement of unattended temporary signs in Paepcke Park that are civic, philanthropic, educational or religious in nature. b. Size/Number/Material: Applicants are limited to one sign that shall comply with the City of Aspen lighting and sign codes. The sign shall not to exceed fifty (50) square feet in size. A total of 4 signs shall be permitted in Paepcke Park at any single period of time and applications will be handled on a first come, first serve basis. c. Content/Location: The content of the display and any signs may not be commercial in nature. The applicant shall work with the City Parks Department to find an appropriate location so that there is minimal impact on the park. Displays may not be affixed on or near the gazebo, and shall not obstruct the view of the gazebo from Main Street. d. Cost/Fees/Procedures:The applicant shall pay an application fee and a refundable security deposit as outlined in the current fee schedule to cover any damages caused by the installation, maintenance or removal of the sign. The applicant shall reimburse the Parks Department for any electric fees. An application shall be submitted to the Community Development Department for review by the City Manager or his/her designee. Applications shall be received no later than thirty (30) days prior to the proposed installation of the object. e. Eligibility: Civic, philanthropic, education or religious non- profit organizations shall be eligible. The City reserves the right to deny any application for a sign that would interfere in City-sponsored activities in the park. f. Duration: no more then fourteen (14) days. Applicants are permitted to maintain their signs for g. Maintenance: All signs shall be maintained in an attractive manner, shall not impede vehicular or pedestrian traffic, and shall not pose a safety risk to the public. The applicant must work with the City Parks Department regarding all maintenance issues. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 6. Signs Across Main Street at Third Street a. Purpose: The purpose of this policy is to regulate signs permitted to be located temporarily across the Main Street right-of-way at Third Street. Temporary signs shall be permitted in this location to advertise noncommercial special events open to the general public provided the following policies and procedures are followed. These 17 regulations do not apply to banners on the Main Street light posts or signs other than those hanging across Main Street at Third Street. b. Size/Number/Material: following specifications: Banners must consist of the (1) any type of durable material; (2) semi-circular wind holes in banner (3) metal rivets at all corners, and every 24 inches along the top and bottom of the banner; (4) size will be twelve (12) feet in length and three (3) feet in width. c. Content/Location: No commercial advertising will be allowed, except in cases where a sponsoring entity's name is part of the name of the event. In such cases the organization promoting the event may not construct the banner such that sponsoring entity's commercial name is the most overwhelming aspect of the bannerand the sponsor's name and logo shall be limitcd to no more than 30% of area,...Qfjhe Sigll. Political advertising on or located in the public right-of-way on public property (even by a non-profit organization) is prohibited per Aspen Municipal Code 26.510.120 (C)(2)(b)(2). d. Cost/Fees/Procedures: (I) A Main Street Banner Application and Banner Policy and Procedure form must be obtained from the City Manager's Office and completed by the party making the request and returned to the City Manager's Office no less than thirty (30) days prior to the date requested to hang the banner. (2) The exact legend of the banner must be indicated in writing (see specific area on application form). For your benefit, it is found that banners are most visually effective when kept simple: i.e.: event, date, organization and logo. (3) A fee of $50 per one-sided banner or $100 per double-sided banner, per week, must accompany the application form and be reviewed in the City Manager's Office 30 days prior to the date the banner will be hung. All organizations will be charged the same rate, according I y. (4) All banners should be delivered directly to the City Electric Department, which is located in back of the post oflice at 219 Puppy Smith Road, by noon the Friday prior to the Monday hang date. Any banner not delivered by noon the prior Friday is subject to an additional $50 charge. (5)Please pick up the banner from the Electric Department within 30 days after the display weekes). The City of Aspen assumes no 18 responsibility for banners and any banners left more than 30 days may be discarded. e Eligibility: The City of Aspen provides space to hang four (4) single-sided banners and two (2) double-sided banners across Main Street with the intent of advertising community events, be it for Arts Organizations or Non-Profits and/or Not- For-Profit Organizations. These six spaces are reserved on a first come, first serve basis. Reservations will be taken each year on November I st for the following year. The first organization to have their contract negotiated, signed and paid will be offered the banner space on a first come, first serve basis. f. Duration: One banner, per event, may be hung for a maximum of 14 days, as per Municipal Code 26.510.030 (B)(3)(b). Banner approvals are not guaranteed and will only be hung upon availability of the Electric Department staff. The length of time that a banner is to be hung is not guaranteed, and may be shortened at the discretion of the City. Based on his/her judgment as to the best interest of the City, the City Manager may determine which banners are to be given priority when there are multiple requests for the same time period. g. Maintenance: All banners shall be maintained in an attractive manner. h. Exceptions: Any exceptions from the above requirements shall require City Council review and approval. 7. Signs on Public Buildings a. Signs on public buildings shall be prohibited. 26.510.120 Temporary signs. A. General. No temporary sign is permitted within the city unless all other signs on the property upon which the temporary sign is to be erected, placed or affixed and the temporary sign itself conform to this Chapter. B. Residential uses and residential zone districts. For all residential uses and residential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.130, and then only if accessory and incidental to a permitted or conditional use: I. Real estate for sale or rent sign. Temporary real estate signs advertising the sale or rental of the property upon which the sign is located, subject to the following: ,__a. Type. The temporary real estate for sale or rent sign shall be a freestanding or wall sign. 19 ___b. Number. There shall be not more than one temporary real estate for sale or rent sign per lot_unit. c. Area. The area of the temporary sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shall not exceed five (5) feet as measured from the grade at the base of the sign. ,____e. Special conditions. The temporary sign shall be removed within seven (7) days of the sale or rental of the real estate upon which the sign is located. 2. Temporary political signs. Tcmporary political signs announcing political ~_anclidates seeking public office, political parties. or political and public issucs shall he pgJl11itted. C. Nonresidential uses and nonresidential zone districts. For all nonresidential uses and nonresidential zone districts, only the following temporary signs are permitted, in addition to the signs permitted under Section 26.510.130, and then only if accessory and incidental to a permitted or conditional use: 1. Temporary sandwich board signs carried by a person. Temporary sandwich board signs which are carried by a person and are advertising or identifying a special, unique or limited activity, service, product or sale of a limited duration, or identifying a restaurant menu, subject to the following: a. Type. The temporary sandwich board shall be a sign carried by a person. b. Number. There shall be not more than one such temporary sign per use at anyone time. c. Area. The area of the temporary sign shall not exceed six (6) square feet per side. 2. Temporary political signs. Temporary political signs announcing political candidates seeking public office, political parties, or political and public issues shall be p_ermi!tecL,J'here shall be no tcmporarv political signs pcnnittcd on or located in the publicUight-of-waY,QLon !2llblicp);\werty except as pennittcd per S_cctiC)]1 2J'l_,5J.!tLUl.Oll Policies Rcgarding Signage on Public Propertv.~;ubjeet to the t(Jllov.ing: a. Type. The temporary pol itieal sign shall be a wall ~;ign or hanncr. b. Number. 20 ,---,,--,--- (1) Pri\'utcci'fOpcr~y. There :;hull not be more than on" temporary political :;ign for each u::e. e') Public right of way. There ,~hall bc no tempor:',r) politiec:l :;ign:; permitted on or locatcd in the public right of 'Nay or on public property. e. -Area. The areu of~emporary pelitieal sign:: ::hull not 0N€eeU-ffitlf ('I) :;4 uare feet. ---{\. I IcighHelnpomry political :;ign:; :;hall not J3ft'jecl-htj;':ltt'f-lha+l-{he eawe line or f*\ffiFet ,,'{all of~hat pBrliHn-ofthe prineipal-bttllilHlg in v;hieh thtHtj'lpli€lH1t \.,ho applied filr the ::ign i:: located. if it is a v.all sign. --L'c--,--I~ion. Temp(~'ary political signs may be erected or maintained f(n a period not:o eJ:ceed thirty (30)-auys prior to the date of the elee~ion to whieh"'lK~ :;ign:: ure applicable. and shull be rerno\'ed ,<,.ithiR ::e,en (7) day:: following ::uch election. 'fempomry political ::ign" concerning-i:;::ues or candidate:: v. hich arc not on a ballot may be-maiffiained for a period not to eJ:ceoo-lhiI1y (30) day::. 3. Temporary sale signs. Temporary sale signs, announcing special sales of products and services. shall be subject to the following: a. Type. The temporary sale sign shall be placed in the window or windows of the business holding the sale. b. Number. There shall be permitted not more than one (1) temporary sale sign in any window, and a total of not more than three (3) temporary sale signs for each use. c. Area. Each temporary sale sign shall not exceed three (3) square feet. d. Duration. Except fin the end of :~cason period of March I through At)fH-8,-tIemporary sale signs may be maintained for a period not to exceed fourteen (14) days. and shall be removed at the end of the fourteen (14) days or on the day following the end of the sale. whichever shall occur first. and shall not be replaced for at least two (D months following the removal of the sign(s). Temporary sale signs may be maintained durin:; the end of ::ea:;on period of March I through :\pril 15 provided that they ::re reITIl)';ed followit:g the end of the :]ale and no temporary ::ale ,:ign hus been di::played for a period of thirty (30) day:: immediately preeeclID:; ~he di::play and. provided further, tha~ no K'IllflBrary :;ale ::i:;n:: sl-nHJ....ge.t1efmitted for a three (3) month pcriod followin:; the display of end of :;ea:;OH ~ 4. Real estate for sale or rent sign. Temporary real estate Si0.11S advertising !h~_'2,lle <.>.u_~)tal ofthe propertv 1I12f1l1 which the sign is located. subject tQ.JJ1~)l>11()\Ving: 21 ",,______ a. Type. The Jj;'!)ll2orarv real estate for sale or rent sign shall be a li'eestanding or wall s\gQ, b. N umber. There shall be not more than one temporarv real estate !i)r s,~Le OU:;?llL'>ign per unit. Co Area. The area of the temporarv sign shall not exceed three (3) square feet. d. Height. The height of the temporary sign shaJl not exceed (he (5) feet as measured from the grade at the base ofthe sign. e. Special conditions. The tcmporarv sign shall be removed within ,~j;vel1 (7) davs of the sale or rcntal ofthe real estate upon which the sign is los,ltcd. 26.510.130 Zone district sign restrictions. A. Residential uses. For all residential uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: I. Home occupation, multiple-family dwelling complex, or mobile home park identification signs. a. Type. The home occupation, multiple family dwelling complex, or mobile home park identification signs shall be freestanding signs or wall signs. b. Number. There shall be not more than one freestanding or wall sign per home occupation, or per street entrance of a multiple-family dwelling complex or mobile home park. c. Area. The area of the sign shall not exceed two (2) square feet per dwelling unit, and shall not exceed a total of twenty (20) square feet. d. Illumination. A home occupation identification sign may be illuminated only when it is identifying a home occupation of an emergency service nature. A multiple-family dwelling complex or mobile home park identification sign may be illuminated. B. Institutional uses. For all church, school and public administrative building uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. Church, school or public administrative building identification signs. 22 a. Type. The church, school or public administrative building identification sign shall be a freestanding or wall sign. b. Number. There shall be not more than two (2) signs permitted along the lot frontage on anyone street, not to exceed a total of four (4) signs per lot, subject to the area requirements in Section 26.510.130 (B)(l)( c). c. Area. (I) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for anyone use on anyone frontage exceed twenty (20) square feet. (4) Illumination. The sign may be illuminated except when located in a residential zone district. C. Recreation club or open use recreation site uses. For all recreation club or open use recreation site uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if necessary and incidental to a permitted or conditional use: I. Recreation club or open use recreation site designation signs. a. Type. The recreation club or open use recreation site designation sign shall be a freestanding or wall sign. b. Number. There shall be not more than one sign per use permitted along the lot frontage on anyone street, not to exceed a total of two (2) signs per lot, subject to the area requirements in Section 26.510.130 (C)( 1)( c). c. Area. (1) Freestanding sign. The area of a freestanding sign shall not exceed ten (10) square feet. 23 (2) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. (3) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the area of the lot within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. In no case shall the aggregate sign area for anyone frontage exceed twenty (20) square feet. (4) lllumination. The sign may be illuminated only during hours of normal operation. D. Commercial uses. For all Commercial Core (CC), Commercial (C-l), Lodge/Tourist Residential (L/TR), Lodge Preservation (LP), Commercial Lodge (CL), Neighborhood Commercial (NC), OJlicc (0) or Service/ Commercial/Industrial (SCI) zone district uses, only temporary signs permitted under Section 26.510.120 and the following signs are permitted and then only if accessory and incidental to a permitted or conditional use: I. Business or occupancy identification signs. a. Type. The business and occupancy identification signs shall be freestanding signs, projecting signs, wall signs, including cutout letter signs, or lettering on awmngs. b. Number. There shall be not more than a combination of two (2) of the following three (3) types of signs: ooe-freestanding-sign~ flBHl5€, ooe-projecting sign~ per uc;c, and/or 8He--wall sign~, including a cut-out letter sign, per Wle, subject to the area requirements in Section 26.51 0.130(D)(l)( c). In addition, there shall be no limit on the number of business and occupancy identification signs which may be placed in the windows of the business; provided, that said signs shall count against the aggregate sign area permitted as if the window sign was a cut-out letter sign. There shall also be no limit on the number of awnings which may be lettered; provided. that suid signs shall count UgainSl the uggrcgut,Q_,;lgIL<iIe.Qd2cnnitJcd as ifthc window sign was U cut-olllletteLsjlill. c. Area. (1) Freestanding sign. The arca of a freestanding sign shall not exceed ten (10) square feet. (2) Projecting sign. The area of a projecting sign shall not exceed six (6) square feet. (3) Wall sign. The area of a wall sign shall not exceed ten (10) square feet. 24 (4 ) Awning sign. The area of an awning sign shall not be limited, but the lettering on the awning shall not exceed six (6) inches in height. (5) Aggregate sign area. The aggregate sign area permitted along the lot frontage on anyone street shall not exceed one square foot of aggregate sign area for each three (3) feet of lot line frontage occupied by or projected from the building within which the principal use is conducted. The aggregate sign area permitted along the lot frontage on any alley shall be computed as if the alley were a street. If there is more than one use or tenant within the principal building, then the aggregate sign area permitted for each use or tenant within the building shall be that portion of the aggregate sign area as agreed upon by the owner(s) and occupant(s) of the building. The Community Development Director shall be notified of such agreement and the respective proportionate shares of signage. In no case shall the aggregate sign area for anyone use on anyone frontage exceed twenty (20) square feet. d.t+c Location. The business and occupancy identification signs shall be located on the business being identified, unless the business does not have frontage at street grade. For such businesses, one sign may be located on the business being identified and the other sign may be included in a business directory sign. c. Portable and sandwich board si~ms. Portable and sandwich board signs shall be pemlitted in the Commercial Core (CC) and Commercial (C-I) zone districts. Portable and sandwich board signs arc limited to the adveliiscment of Retail and Restaunmt Uses. Portable .md sandwich board signs are prohibited for Ofl1ee Uses. (I) Portable sandwich board signs are limited to nine (9i Slluare feet in size and shall not count in the aggregate sign area. ,_ (2) Busines~~~"arc limited to one sandwich board or pOI1'lbJe"~ign [leI' business. (3) Portable sandwich board signs must bc made primarily of ,vood or metal and must have a professional finish. (4) Insets must be chalkboard. Drv erase boards are prohibited. (5) A six (6)IDot travel width must be maintained on sidewalks and a ei ght (X) IDot travel width on the pedestrian malls. (6) Sandwich board .md portable signs are not permitted on rights !elf wav or pedestrian malls overnight. (7) A separate sandwich board sign permit must be approved bv the Chief Building Offlcial. 25 2. Business directory signs. a. freestanding signs. Type. The business directory signs shall be wall signs or b. Number. There shall be not more than one business directory sign per lot. c. Area. The maximum permitted area of the business directory sign shall be as follows: For I to 5 businesses--One square foot of sign area per business. For 6 to 10 businesses--Five square feet plus 1/2 square foot for each business over five businesses. For more than 10 businesses--7 1/2 square feet, plus 1/4 square foot for each business over ten businesses, to a maximum sign area of 10 square feet. 26.510.140 Window displays. Window displays of merchandise, and representations thereof: are not subject to sign regulations, sign square footage, and do not require a sign permit, except the following are prohibited in window displays: 1 ai. Televisions, computer monitors, or other similar technological devices that create oscillating light. ;;'.ht Neon or other gas tube illumination, rope lighting or low-voltage strip- lighting. 26 EXHIBIT B: REVIEW STANDARDS FOR CODE AMENDMENTS REVIEW STANDARDS: Chapter 26.92, Amendments To The Land Use Regulations And Official Zone District Map, at Section 26.92.020 provides nine (A-I) standards for City Council and the Planning and Zoning Commission's review of proposed amendments to the text of the Land Use Code. These standards and Staffs evaluation of the potential amendments relative to them are provided below, with the standard in italics followed by the Staff "response." A. Whether the proposed amendment is in conflict with any applicable portions of this title. RESPONSE: The proposed amendments would not be in conflict with any applicable portions of the Aspen Municipal Code. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: None of the proposed amendments would be III conflict with any elements ofthe AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land uses and neighborhood characteristics. RESPONSE: The code amendments proposed will not affect compatibility of existing land uses and neighborhood characteristics. D. The effixt of the proposed amendment on traffic generation and road safety. RESPONSE: The proposed code amendments are not anticipated to have any effect on traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply. parks, drainage, schools, and emergency medicalfacilities. RESPONSE: The proposed code amendments are not anticipated to have an impact on infrastructure or infrastructure capacities. F Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. RESPONSE: The proposed code amendments are not anticipated to have an effect on the natural environment except to preserve and enhance. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: These code amendments will be consistent and compatible with the community character in the City of Aspen. H Whether there have been changed conditions affecting the suhject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: No specific parcels or neighborhoods are impacted by these amendments. 1. Whether the proposed amendment would be in conflict with the puhlic interest, and is in harmony with the purpose and intent vj'this title. RESPONSE: Staff believes the proposed amendments will not be in connict with the public interest, and are in harmony with the purpose and intent of this title. 2 MEMORANDUM VI \c. TO: THRU: Mayor Klanderud and City Council Chris Bendon, co~~ty Development Director FROM: Chris Lee, Planner RE: Aspen Highlands Villas (Lot 10) Initial City Zoning - First Reading of Ordinance No.lL, Series of 2005. DATE: February 14, 2005 ApPLICANT: City of Aspen LOCATION: 98 Glen Dee Road LOT SIZE: :!: 2.57 acres, 111,949 square feet PARCEL ID NUMBER(S): 2735-142-08-701 (-716) CURRENT ZONING: Affordable Housing (AH) - County Zoning PROPOSED ZONING: Residential/Multi-Family (R/MF) with a POD Overlay - City Zoning CURRENT LAND USE: Three (3) buildings composed of sixteen (16) multi-family residences. PROPOSED LAND USE: No changes proposed to current land use. PLANNING & ZONING COMMISSION RECOMMENDATION: R/MF with a PUD Overlay STAFF RECOMMENDATION: Approval SUMMARY: Aspen Highlands Villas (Lot 10) located at 98 Glen Dee Road is a 2.57 acre lot between Glen Dee and Maroon Creek Roads. The Applicants (Exhibit C) have petitioned to annex the Aspen Highlands Villas Condominium Complex (see Exhibit B for map) into the City of Aspen from Pitkin County. Opon annexation, Colorado Statutes require that the property be assigned to an appropriate City zone district. REVIEW PROCEDURE: Rezoning/initial Zoning. Once the property is officially annexed into the City of Aspen, there is a statutory obligation to zone the property with a city zone district within ninety (90) days of that date. The Planning and Zoning Commission shall consider the application at a public hearing and recommend a city zone district for the property to the City Council. The City Council will then conduct a public hearing and assign the official zoning status within the timeframe. I BACKGROUND: Lot 10 was part of the Aspen Highlands Subdivision approved by the Pitkin County Board of Commissioners on May 26, 1981 (Exhibit D). As part of the subdivision process it was zoned as Permanent Moderate Housing - Planned Onit Development (PMH-POD). The POD established that only sixteen units, as stipulated in the plans, could be developed on the site. Within eighteen months of that approval, on September 7,1982, the owners of those sixteen units were granted a Minor POD Amendment by the Pitkin County Board of Commissioners permitting them "to enclose the front and rear patios and balconies in order to increase the units' storage and living areas" (Exhibit E). Currently, ten (10) of the units have enclosed one of the patios and three (3) of the units have enclosed both patio spaces (Exhibit F). In 1994, Pitkin County changed all of their PMH districts to Affordable Housing (AH). Consequently the zoning of Lot 10 was changed. All development rights and dimensional requirements established by the original PUD agreement and POD Amendment were retained and ran with the property. Photo 1 Shot of some of the front patio spaces that can be enclosed per the minor POD agreement PREVIOUS ACTION: The Planning and Zoning Commission considered this initial zoning request during a public hearing on January 4 and January 18, 2005. At the hearing on January 18, 2 2005 the Planning and Zoning Commission recommended approval of this zoning action. STAFF COMMENTS: Staff has examined several options to make a recommendation about the appropriate zoning of the Highland Villas. Based on examinations of the current zoning, the land use and zoning of surrounding areas, the existing allowable dimensional requirements, and a physical inspection of the site, Staff believes that Land Use Code Section 26.710.100, R/MF (Residential/Multi-Family) Zone District, with a PUD overlay, is the appropriate designation to be assigned to this site. (Review criteria and Staff Findings have been included as Exhibit A). Staff evaluated AH/PUD zoning as a possibility this property. Staff has diligently researched this option and recommends against it for various reasons. Section 26.710.090 (R/MF) of the City of Aspen Municipal Code lists multi-family dwellings as a specific permitted use and reads that, "Lands in the Residential/Multi-Family (R/MF) zone district are typically those found....... with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings." (Exhibit G) By contrast the AH/POD zone district is directed more specifically toward attracting new Affordable Housing development and is an incentive zone district. The code reads that, "The purpose of the Affordable Housing/Planned Unit Development (AH/POD) zone district is to provide for the use of land for the production of Category affordable housing and resident occupied lots and units. The zone district also permits a limited component of free market lots/units to off-set the cost of developing affordable housing. It is contemplated that land may also be subdivided in connection with a development plan." (Exhibit H) Residential use is among the permitted uses within the AH/POD zoning district, but it is specifically established to encourage development of affordable housing. It states that, "A minimum of seventy percent (70%) of the project's total bed rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines." The AH/PUD zone district code language goes on to explain that, 'The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units." (Exhibit H) Such language is obviously included to encourage new development of affordable housing. Having been in existence since 1981, Highlands Villas is certainly not a new development, but is rather an "existing concentration of attached residential dwellings" as specified in the R/MF zone district. The Applicants are proposing no new development on the property, but simply desire to maintain the option of enclosing patio spaces as granted in the POD Amendment approved by Pitkin County in 1982. The Planning Commission's main concern was concerned with assigning an initial city zoning of R/MF to this property with the fear that it would gain significantly more development rights than what currently exists. In reality, the existing FAR is :!: 18,600 square feet and the allowable FAR (with slope reduction) under R/MF zoning 3 would be :I:: 31,000 square feet. Moreover, the Applicants would be required to participate in GMQS scoring and Competitive Review to add any free market units to the site. Furthermore, Staff has examined the property and found that even if the Applicants wished to apply for other development in the future, topography, parking requirements, easements and park space would make it exceptionally difficult to do so. The topography of the property, aside from the existing building footprint and parking area, is very steep. Photo 2 is a shot looking toward the retaining wall behind the units. Development on that portion of the property, due to the steep topography, existing easements and limited space would likely be impossible. Photo 3 shows the wooded section of the lot next to Maroon Creek Road. This wooded portion of the property slants downward toward the road rather dramatically and would not be appropriate for future development opportunities due to the steep topography and drainage issues (a small pond often forms there). Photo 2 Shot of the retaining wall behind the units looking upward toward Glen Dee Road Photo 3 Shot of the wooded area looking down Toward Maroon Creek Road STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Ose Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that City Council assign the zoning of Aspen Highlands Villas (Lot 10) to Residential/Multi-Family (R/MF) with a POD overlay. 4 RECOMMENDED MOTION: "I move to approve Ordinance No.jL, Series of2005, assigning the property at 98 Glen Dee Road, Aspen Highlands Villas (Lot 10), to the Residential/Multi-Family (R/MF) City zone district with a POD overlay." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity and Current Zoning Map Exhibit C -- Applicant/Owner List Exhibit D -- Resolution No. 81-39 (Pitkin County Board of Commissioners) Exhibit E -- Resolution No. 82-19 (Pitkin County Board of Commissioners) Exhibit F -- Unit layouts showing potential areas to be enclosed Exhibit G -- Aspen City Code Section 26.710.090 Residential Multi-Family (R/MF) Exhibit H -- Aspen City Code Section 26.710.110 Affordable Housing/Planned Unit Development (AH/PUD) Exhibit I -- Pitkin County Code Section 3-40-070 Affordable Housing (AH) 7C-, ~Cs 1ff~ ~ 'VD/?fVvo-P . 5 ORDINANCE NO. Ji (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO ASSIGNING ASPEN HIGHLANDS VILLAS (LOT 10) TO THE RESIDENTIAL/MULTI- FAMILY (R/MF) ZONE DISTRICT WITH A PUD OVERLAY. PARCEL ID NUMBER(S): 2735-142-08-701 (-716) WHEREAS, the owners of the sixteen (16) units of the "Aspen Highlands Villas (Lot 10)", a parcel of land located at 98 Glen Dee Road, petitioned for annexation into the City of Aspen, and, WHEREAS, the property is approximately 2.57 :t acres, legally described herein; and, WHEREAS, the property was annexed into the City of Aspen from Pitkin County on January 24,2005 pursuant to Ordinance No. 49, Series of 2004; and, WHEREAS, the City Council of the City of Aspen must designate a city zone district for the property within 90 days of the final annexation; and, WHEREAS, the City Council may approve Amendments to the Official Zone District Map (Rezoning) after taking and considering recommendations from the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, and taking and considering public testimony at a duly noticed public hearing in conformance with the review criteria set forth in Section 26.310; and, WHEREAS, the Community Development Department analyzed the parcel of land and recommended the property be designated to the ResidentiallMulti-Family (R/MF) Zone District with a PUD overlay; and, WHEREAS, the property was initially zoned with a PUD overlay by the Board of County Commissioners of Pitkin County through Resolution No. 81-39; and, WHEREAS, the initial PUD was amended by the Planning and Zoning Commission of Pitkin County through Resolution No. 82-19; and, WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly noticed public hearing on January 4, 2005, and continued the hearing to January 18,2005 and found that the R/MF zone district with a PUD overlay is appropriate for the property and in keeping with the Aspen Area Community Plan; and, WHEREAS, during the Aspen Highlands Villas hearing on January 18,2005, the Planning and Zoning Commission approved Resolution 3, Series of2005, recommending that City Council assign Aspen Highlands Villas (Lot 10) to the Residential/Multi-Family (R/MF) zone district with a PUD overlay; and, WHEREAS, during a duly noticed public hearing on March 14, 2005, the Aspen City Council will review the application according to the applicable provisions of the Municipal Code as identified herein, and will review and consider the recommendation of the Community Development Director and Staff, the Planning and Zoning Commission, and will consider public comment; and, WHEREAS, the City Council finds that the application meets or exceeds all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council tinds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the land identified as Aspen Highlands Villas (Lot 10) and commonly referred to as "Highlands Villas (Lot 10)" be assigned Residential/Multi-Family (R/MF) Zoning with a PUD overlay, as described below, and direct the Community Development Director to amend the Official Zone District Map accordingly. Aspen Hi2hland Villas (Lot 10) Le2al Description: A tract ofland known as Lot 10, Aspen Highlands Subdivision, Filing No.2, recorded in Plat Book II at page 50 also being in the E Y2 of the NW Y. and the SW Y. of the NW Y. of Section 14, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the easterly right-of-way of the Maroon Creek County Road whence the North Y. corner of said Section 14 bears N40030'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of NOI 041 '31"E between the SW corner and the W Y. corner of said section 14; thence S32004'26"E a distance of28.41 feet along the south line of Lot I Aspen Highlands Subdivision; thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the records of the Pitkin County Clerk and Recorder the following courses: thence S II 034'29"W a distance of 86.46 feet; thence SOl 029'45"W a distance of 165.95 feet; thence S 14004'21"W a distance of 109.09 feet; thence S20025'26"W a distance of293.36 feet; thence N36052'22"W a distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line of said Book 188 at Page 17 N60022'57"W a distance of237.89 feet to said easterly right-of- way line of the Maroon Creek County Road; thence along said easterly right-of-way line following the following courses: N29018'59"E a distance of84.98 feet; thence 144.20 feet along the arc of a 800.49 feet radius curve to the right, having a central angle of 10019' 16" and subtending a chord bearing N34028'00"E 144.00 feet; thence N39036'53"E a distance of 393.26 feet the POINT OF BEGINNING, containing 2.569 acres, more or less. SECTION 1: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 2 SECTION 2: 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 3: That the City Clerk is directed, upon adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. SECTION 4: A public hearing on the Ordinance shall be held on the 14th day of March, 2005, at a meeting that begins at 5 :00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which a public hearing notice of the same shall be published in a newspaper of general circulation in the city. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of February, 2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of ,2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor Approved as to form: City Attorney 3 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS AMENDMENT TO THE OFFICIAL ZONING MAP OF ASPEN HIGHLANDS VILLAS (LOT 10) Section 26.92.020, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. STAFF FINDING: T DOES IT COMPL v? I YES The proposed zoning is consistent with the Land Use Code and does not represent any potential conflicts. This zoning provides the most congruent land use regulations with those previously provided in Pitkin County and provides the most appropriate zoning given the location, topography and access. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing Highlands Villas development. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. STAFF FINDING: I DOES IT COMPLV? I YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan. The future land use map in the AACP envisions this site as a residential property with both multi-family and affordable housing, which is allowed for with the proposed zoning. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLV? I YES The subject property borders City land to the south that is zoned R/MF with a PUD overlay. Given this contiguous zoning designation, Staff believes that R/MF with PUD overlay would be most appropriate for this property to avoid spot zoning. The characteristics of this property are also most consistent with the R/MF City zoning. It is also contiguous with the City of Aspen boundary along the north/west side of the property being separated only by Maroon Creek Road. The current City Zoning in that area is C PD (Conservation PUD). The rest of the subject property is surrounded by County land that is zoned R30 (Suburb Density Residential). D. The effect of the proposed amendment on traffic generation and road safety. STAFF FINDING: I DOES IT COMPLV? I YES Staff does not believe that the proposed zoning will have a significant effect on traffic generation or road safety because it would not increase the number of allowed residential units to the property. I E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. STAFF FINDING: I DOES IT COMPLY? I YES There will not be an increase in the demand for public facilities as a result of the proposed rezoning request because it would not allow an increase in the number of residential units without GMQS approval. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? I YES The proposed zoning application would not result in significant adverse impacts on the environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning application is consistent with the community and neighborhood character of the area in that the new zoning would not allow for any type of development that is not consistent with the predominant uses in the area. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I DOES IT COMPLY? T YES The annexation of Lot 10 itself has produced changed conditions (land transferred from County to City) that warrant the proposed amendment. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. STAFF FINDING: I DOES IT COMPLY? I YES It is in the public interest to assign City of Aspen zoning to this parcel once it becomes a part of the City. This zone district (R/MF) represents the closest approximation to the previous Pitkin County zoning, and does not pose any conflicts to the public interest. Staff believes the proposed zoning promotes the purpose and intent of this Title and is in harmony with the public interest. 2 \\: /.~.?r \\~ '* ' \.. .-:::':--.c.> \~,~ __ /"_ . \ " ,_ i''""< .. {_~ \ ' ,,-- I' '. ._' l,:'i'o . \ \,,_._)~jf' . ' "" \ ir. '::-~":~~; . \ j~ 'c -'Go )"1' ({,_..;,\ \ \ .Ii II \, . \ "i I '~ : \ \ 1 i ",', j" \ ,- . ' ,._.' '\.,_'-' r' / ~'\ \ VI ;.~'-~~> ~ l' C~;..~ ~<r1.3 \ ,~.~:~ "i;, t""l-., .~t?t f( ~ "\~ \'0'} <> I~" \.:: "t-Li? \ ~ ~' .-\ \._~., _,,,", oJ, <" ~ I 1"'.- ,~ Ch ) '1' '" 1'".. 9'tr, ) ,i j.oqlJl" LJj ;;; i -'-'1'/ .' .~.. ',/ / t (i <,C, ..1.. .~~,~ "(?~ ~/ /,--'::::-.J ~ : :.0::1 f ,,\' Ii;:~'" ...!-.~jlll )\)... .. 'c'c)' --..; t.'9J . iV/ ;-'\t"I... ~~~~' /~~~./. '. I ~":', ~/~\"V . . " ..,' I, ''"" / c,.,;-'C .... '~ -301<~~"':;: i(C"/' ~ ~...~t'\. .. '-'. "" ,.' ---- '(.o/JJ~(~'r;. " 'l.;r~' ['. ~ i / .," .,,', - '. j '\~}---~&t " _~.." ~ '" - I...... -.l\>././ / '=--- j' _~l "r:,~';'- f-/ c '"'-~ I ' f3);, I /'"\--" ~'._:J _, I -' ~!,~~r _lm<;;;f! .\' ~ ~'-',~,"'" ~/"'"""---" ,~--- ...... . /~ .... '. . ...... .')"~/'/ ..,___.,C,, /--', \j~ ' "--TH~~ I ~ i ~ ~ jl _it " r i1 Ii I rn f I ~ * t II / // " \'-. ,- I::'" /~ /'/ . Ii!; .',_ . .;;41 ~ L# !1 ~.""" I, i!:Sif~: -.:;::\\ (I '" II i ( .. 1\ \ i UJjI \ \ ,~;.-.\,~.- -'---. II r-4----- ~ Ii Ii --- !! 1/ /f , ,"J"- /I " Ii "n " " .--/'/' Cf, .'/ ' . ~ i: ~-10 . .I (/ ~~b-k~ 1 AF ;,;"J/ ., / ,t -~~,'::-:;';~~:~'=_{i~ftl1Rjj , .' -.- =-~-.,";' ~ "" '" '"' ~ ,,,,--. -'" J i" " . ,'~-~ .q _.. 'cI~; . '''.'''' ~ .~~~~~;~' ..."...:::; ,1--" ::;j~..+/j;~~\ i~ \ "'7:,....... ~1\ _ \\1 '< _<:~i.\_.." /J ,,~' 11;'" .-:.' NAME DATE bli.'O.t Co .1"'.) SIGNATURE OF OWNERS PHYSICAL ADDRESS PARCEL ID # ~./YI'vU--vv f23r:200i Tuvia Stein 1 Highlands Villas 273514208701 .~ Elizabeth and John Bokram 2 Highlands Villas David and Lisa Vantine 3 HighlandsVillas ~ 273514208702 Aspen School District 4 Highlands Villas Katrina Johnson 5 HighlandsVillas 273514208703 273514208704 < 273514208705 ,Jf1.dM~j~~. . {~~>r~ ~~~-vV?/j~~ Jennifer and Tim Lamb 6 Highlands Villas 273514208706 Lisa and Joe Kistner 7 Highlands Villas Lee Cassin and Dave Tolen 8 Highlands Villas 273514208707 273514208708 Wendy Larson 9 Highlands Villas Jim and Mary Owens 10 HighlandsVillas 273514208709 273514208710 fyfpriah Shipp 11 Highlands Villas Phil and Jill Hedrick 12 Highlands Villas 273514208711 ."; 273514208712 a;:f ~~ . 273514208713 ~ ~ r:zJi.1'1/7 , 273514208714 \-.i/X:1J/bp~~ Sean and Erica Groover 13 Highlands Villas Patsy Malone . 14 Highlands Villas Marlene Schroeder 15 Highlands Villas Phyllis Kellny and Charlie Varonen 16 Highlands Villas 2735142087 <' 273514208716 ..- _,.. -'~i' ",,'. .... ,"' ~ ...,~ _-<l,,'. ~C'~I$',-::-". '"' .... RECORDED AT 9:01 A.M. 9 JUNE. 1981 LORE':!.'\. BAN)fER. RECORDER RESOlUTION OF THE BOARO OF COUNTY COMMISSIONS OF PITKIN COUiITY, COLORAOO "",, 4OCI,., 53'.' '~:1-~tS1 RECEPTION I GRANTING PMH-P\JO REZONING ANO FINAL PLAT APPROVAL FOR THE ASPEN HIGHLANDS SUBOIVISION FILING 2 Resolution No. 81 - ~ WHEREAS, Aspen Hig"lands Skiing Corporation, a Deleware corporation Ind Wipple Vln Ness Jones (hereinafter referred to IS "Appliclnt") Ire the owners of record of 15.33 Icres of rell property located In Pitkin County, Colorldo "".. speCifically described In the attached Exhibit "A", Ind WHEREAS, the Applicant hiS applied for rezoning of 2.57 acr.s of Slid property, "".. specificllly described as Exhibit 'B" attlched h.reto Ind In- corporated 'Y this ref.renc., to PMH-PUO for the purpose of d.v.lopooent of I 20 unit ...lti-flltl1y _loy... housing proj.ct Iile! for the creltlon of 8 new single fUtl1y f.... market h_sites on the blllnc. of the property, Ind WH~REAS. a public hearing was held on October 13. 1980 It which tloe the Board helrd Ivldencl Ind t.stlmony present.d with respect to this applica- tion. NOW, THfREFOIlf, BE IT RESOLVED by the Board of County C_issloners of Pitkin County. Colorldo, that PMH-PUD rezonll19 for the 2.57 Icre site descrlbe<l on Exhlblt~B' to be used for no ItIIlre then sixteen (16) ..ltl-fUll1y PMH dwolllng un~ts .nd Finll Pllt IpprovIl Is hereby grlnted for the proposed multf- f.l1, develOptltnt Ind the .Ight (8) new slngl. f.l1y free tDlrllet "-sites subj.ct to the foll",,1119 conditions: 1. The County EI19I_r will work with Idjlcent property _rs whOse properti.s 11. Idjlcent to the PMH-PUD proj.ct to d'UI'III.. the .ppro- ' prlate sc......lng technics. 2. The Applicant shall pq the pro rlta she... of paving Gl.n ElgI. Drive ,It such tl. as an illpro_t district is folWd (Pro rata shell _. In tIIis case. no l.ss tIIen I 4/16 share of the totel cost of the I'Q8d . llIpro_t), This ...sponsiblllty shall rest with the Aspen Hig~ 'kiin. Corporation and .hall not b. tran.f.rred. 3. All resll.s of the Aspen Hlghllnds VIllls shall be subject to the Pitkin County's ReSlI. AII_t. 4. The Applicant shall.x.eute end record IllProv_u AII_t for the construction of a bus stoP Iile! for the paving of Glen Ole Drlv. f_ the entrlne. of the PMH-PUD project to IIaroon Creek Ro4d Ind for the plvlng of Glen Gary Drlv. Soutll. ,;,'~~~'_~~",-----.........~:..._-,---~~_.__.._-~~-_._._-~-~--.._~._-..---- . . 11 , j 'f , J i , I i I . . J:~ ~ ,'1 , ; , '.j , l ,i U l :~.- l' i~ r l bl k t " .:':' :,-" ""', to;":' ',:1 .j ~ ii/I ~~;I ."". '-J !ii,'l ,.., h.....l r.'-",' :;c: l' " - 't" .. .'.:- ~~ rw 1~;,Jlii..Ir:~ ',:,\1: ""~,,J~-<.' 11 CandQlillnbn: rLl~ f.) bl.' 'li!plU'h'd 0; t'lC: Count.y U"l:nt"~r" f(jr' tnJ~ Pt>lji.P\JU proJ('(t pl'!ur t-, r'''''-01"difllJ. 6. lnt~ ,J.p:li CUlL s.h.lll e)l,~~lJtc anJ (('cord Condrii:l;,r,le)ll1 111'<:IJr:lt.iGils tu b; ,'Pi!; i)vc-d L'j ttW Cihll1 ty A t tern"):.' pr ior tiJ 1'(\Uid) n'J. 7. fiw !\pDlic<lnt sh,J11 e:~e'~ljt~ dnd r~cor"j the L'c~~lJrJti0r. of Restrh:tions. A(Jl"e~lile~lt in i~tlid1 th~~ Aspen Hi:;hlJnd,:. ')1<.; in') ::Ofporc.ltion JC(~:)t<; r~- SP<)1l5ilJilitj fI)i' s'1l,.')W l'CIIl(1V.)] and m,lir;t.~"lJn(e cf Gien Gury Dri 'e ~cutl1. fl_pprov..::t.i b:i th,-~ t).(JJr"J ')f County Cli)l'lll!s<;ioner''; of Pitkin Cl)ljnty, ColorJdo dt the;.... relju1,ji' ill;:0lin'j on Mdj 26, l'Jdl. BiJARJ OF C(J;.i:n ~ COH:.1J ':i:~ ]!mLK.:' OF P; n:'1N ClJU,l If. Cl)LOR/\lJO 3;;L~4/1l..,~ bob Chi jd, Chulrlll,)n ATT[ST~ County Clerk APPROVED AS TO fORM: "----- '- ; ~~~' Ci . ... -~- County ttorT'ley .' ~ t ~ ~ t.x\\t\;.~ E- ,:riB "'''- '"""\ ot'OK436 RESOLUTION OF THE PLANNING ANO ZONING COMMISSION OF PITKIN COUNTY, COLORAOO, GRANTING SPECIAL APPROVAL TO MINOR AMENOMENTS TO THE HIGHLANO VILLAS CONOOMINIUM PLAT Resolution No. 82 - 19' = ~ ~ ~.., -, ~r- ::;9, ~~ ~~: ~-' "'" -"" 01 -'" = r--> :;;'1"'1 t::.1;:::l r, ~ '-J ::-....::1 Co'" ? ~ ~ , I ~ e>;: WHEREAS the owners of the sixteen units at Highland Villas are owners in common of a 2.57 acre parcel of real property in Pitkin CountYt Colorado more specifically described in the attached Exhibit "A"; and WHEREAS, the owners of these sixteen units have requested special approval for minor amendments tp be made to the Highland Villas Condominium Plat; and WHEREAS. the Planning and Zoning Commission of Pitkin County, Colorado held a meeting on June 22. 1982. at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Pitkin County, Colorado that special approval is hereby granted in order to allow the requested amendments to the Highland Villas Condominium Plat. The approval allows the owners of the sixteen un-its at Highland Villas to enclose the front and rear patios and 'balconies in order to increase the units' storage and living areas. APPROVED by the Pitkin County Planning and Zoning Commission at their regular m,~eting on Jt:llJ 6, 1982. ~~'U,I"l+..sel'mlleeA '"qU. PITKIN COUNTY PLANNING AND ZONING COMMISSION By: DlitCir GblY. \'1l(,UIlIi<..- 6,AS'S,/1!lN t~a~n ~ ATT~ Deputy County Clerk (Attachment I e.~\i,\;~ F ,~. i:J.;;:'-C: .S'~65.,{~ ',' ,,_.. '5 f- -' f I J l .. 'I r-', . .'. t !L c: '-CE 'B"O'S6;,!-7'- , '. ' .I ", " il 'I " , I , ;' "_c'_',- ,-;j ADD. UNITS 1-12 'J"'"" ,ADD UNITS 1;12 , c I. J)i\\J.\v'\~ 1\ ~ ~ c ," SC€.7$,3 II j I, ADD. ! ! UNITI3-16 "I,i ---11 '---- 1M,\J'I~ G , " ' .. , .C- .!. j i " i: r I .I. , '" f-- Z ::) i, ! . , . ~ i i I t . 1 ,I ! .. t . '. j , 1 r I L . ,j I I I I I ,i '" 'I': I I" f~ l~ 11 .Im !~ , '" 'f-- Z ::) ci a <( i LT j I I I i . f I 'I I I L: ~ '" '= z ?, 8 <( Q , -~ '., ~ , '" T\ Ii ~"~'" ';; - 1; .~ >- z " 1 ; i'l rl u Ii d . ::) ,b .~z .... lo- z ::) P'.i~ '" f-- ::) ,0"1 a" I ! tl,~ II' Cot f"'- Z .-'3 ;O,-It ,r- z ::) ci o <t I h i~ I ! "J-- :z: => i [ ,0"j<; 10. .' f-- Z ::) ci ',0 ,<r--' .~,. .,. t: " .Z':"":' i =r. 'd, 'cr" .. :~.,- 'oi' I - ,: If .1 It t Ii I I ,a::z o.~ 3~ lJ..iJ2 > <0 o ,~ . ',', :..... , r t.- . 1. t I tf)," -\:.' .d:: , ~C ',-'~ "-i1S' - ...-:; 1 ,".'.Z - """~;Q ';L. .~ ~-' U- ,::0 l.- .- U-; I t , I '" f-- Z ::) d a .<:( ',- ,~" a a . - c{ .. f", 1 1 l I . I I . I __J , 1,..- ! J :- }I- q) !,m.-o ! J<o m '1 ti il ,L7';o ~g i~ jm f ~'lf :~ 1 g /($ 'i " f <t Lsr, ( 'm .,;..';!" "-j. " i t:e i' ,"'f::" --,f~;: I i I , to> Li I", ,0 ," I'" ," i f' , 'It '.~ , . I. ~ .'I'j;;g 100 '_ ~ 1- - ,iLit-,<: I'~ jfri1t !~ 1:1 l.:z! <t. , II" I'<) llr~ ~ ,1 l{) C II 00 ! ,I..l.s, I 0 ~I~ I,-!,I , ..1", 1 8d~ t <t J f r " ! j ;2';: to. t: z :')- ,S;."2:t> .'o:;;t; -?', ,~". .. 2' :0 , .' . ;!is-~:?l? :'1"";' f- 2' "g;",Z'<' N f- Z :0 ;::0 527 I I j : 1<6 IW i8 .~ ,w (0 f , t f- :0 ;;-'Zv , f , i ~J -, ..' 6\ 001 i ~-j :'-, , I ., j.. t ""t,.,' i . i ;- ~ " '~ii i <0 -":j 1 ci If ~ , , ,'j;::rz I !2,J :2-.11 g-if ~ I ._l:.f9- ".",..' '/ f 'f I , ,,' ~I ~r -0' . ,,"<:Ql;! . ,:~'r '01' f , ! I '! . )/; .,; ,~) >> ~ t~ .......~,"'~.,' ' I , - .;Q ~ .< -~ "~ " _,S,a'?_' ~ ::,~~~.o ' '~-~ u' " t,' ,LoI'9 t j' I I I ,."" -2:,," --;r ~, ,,'I ~i "'I 'w! ~I I. I ,ir$"- ;;'9-'Z ~ ri ~-~~ w':&) w U' , ", t ,I -:!'~{: -;J -gt" ~J .>-:,.w{ "'I I "J c_"': ---- J r---'~--'''':_---:-C-:-1 ! I -J ------~-~_._~ ,. r 1 I I i " / ' I J c ---:') I ! 'tLi , ADD. UNIT 15 ADD. UNIT 14 ---1'-~- .t \SECOND FLOC?- ---__~-,.-,.--.;-.,,;...-...J (r';J:E~HANG ADD. UNIT 13 ---------..11 F,cl F'ror~ 5V:,\j.~~v . (W\:\-s \~.\~) " _U.,_. ~ . 'C, ____~' -_ ,-', ,'- 'T, ' j -,5 <V'\' ~ r ,ADD. ,16 I :.;CE80'7~ I 4, ,h~.E8~~~:~ [~4,9.' OJ " ,,1-;' ~;e' -,':' . , tl - 7'CE~!Jq6-;'.Z8 -;'c - -..., --,' itzipT~,~z?ia-2B - ~--t ,III 'llll: r' . ,h '" ..'. < If I . .. . '. lln !ll ll,l! f . It. It ,_ "\1 "'" .1 "n. fl 111'oiD IiI; II: II 't[lt~ ,rol/J !! "',1,1, .,1. . \1 ,t~ ,. It! ,j, I!. ,r IHll !! I . llf II j . III Ii r I" " II , I j it !! I I !; i II' Ii J il,: ! 11 II f~-_-"":.!~~E- ---111 ,)1 If' il~_.5~2.02"~____I(:: .i 'L I III t~ '" ".' r I l_ _ CE 8C~.:.8 ; j .- I' l!li H 'I 1 ,!! ------- --i!:~ ';; 700 CE ;c;,m" I ADD, 16 I :;::-ac~ea~! t,~- 1'1 " ",\-.o._"'--~-t-- 'U~ '::; 700 L:E;C:~,63 I ADD. 15 II t : "",' "II,,'~,',',"'.' ,,',,',:,, " ~ . n c" aOH"~' ADD,14 I: ' t .:- . "".:;'" j 1",'0' . 5.50 ' . I : :"CE ~?e:~6~,lr,--' AD'oJ}3 ,. 1, I " ,.1,,' ~~~:',: f' 1 I 1, ,"e~J ~ ~\oor- ~U\\J.'.~G (\X\'~~ \~V \ ~) r'--------~----- . . -------.-, I 1:& e.>>;.\;k (; - 26.710.090 Residential Multi-Family (R/MF) A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to provide for the use of land for intensive long-term residential purposes, with customary accessory uses, Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses, Lands in the Residential/Multi-Family (R/MF) zone district are typically those found in the Aspen Infill Area, within walking distance of the center of the city, or lands on transit routes, and other lands with existing concentrations of attached residential dwellings and mixed attached and detached residential dwellings. B. Permitted uses. The following uses are permitted as of right in the Residential/Multi-Family (R/MF) zone district: I. Detached residential dwelling. 2. Two detached residential dwellings. 3. Duplex dwelling. 4, Multi-family dwellings. 5. Home occupations. 6. Accessory buildings and uses. 7, Dormitory, 8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520, 9. For historic landmark properties: bed and breakfast, and boardinghouse, C. Conditional uses, The following uses are permitted as conditional uses in the Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures established in Chapter 26.425: I. Arts, Cultural, and Civic Uses, 2. Academic Uses, 3, Recreational Uses. 4. Group home. 5. Child care center. D. Dimensional requirements, The following dimensional requirements shall apply to all permitted and conditional uses in the Residential/Multi-Family (R/MF) zone district: I. Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000. 2. Minimum lot area per dwelling unit (square feet): a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000. b. Duplex dwelling unit: 4,500, For Historic Landmark properties: 3,000. c. Multi-family dwellings: No requirement. d. Bed and breakfast, boardinghouse: No requirement. 3. Minimum lot width (feet): 60. For Historic Landmark properties: 30. 4. Minimumfront yard setback (feet): a, Detached residential and Duplex dwellings: Same as R6 zone district. b, Multi-Family: 5. .", 5. Minimum side yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b, Multi-Family: 5, 6. Minimum rear yard setback (feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b. Multi-Family: 5. 7. Maximum height (according to density)(feet): a. Detached residential and Duplex dwellings: Same as R6 zone district. b.Multi-Family - parcel density less than one unit per 1,500 square feet of lot area: 25, c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet of lot area: 32. 8. Minimum distance between buildings on the lot (feet): a, Detached residential and Duplex dwellings: Same as R6 zone district b,Multi-Family: No requirement. (Building and fire codes may apply.) 9, Pedestrian Amenity Space: Pursuant to Section 26.575.030. 10. Floor Area Ratio (FAR) (applies to each type of use, according to density) (applies to con-forming and nonconforming lots of record): a. Detached residential and Duplex dwellings established prior to the adoption of Ordinance 27, Series of 2004: 100% of the allowable floor area of an equivalent -sized lot located in the R6 zone district. (See R6 Zone District.) Receipt of a Development Order shall constitute the date the use was established. Replacement after Demolition shall not effect a new establishment date for the purposes of this section. City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. b, Detached residential and Duplex dwellings established after the adoption of Ordinance 27, Series of 2004: 80% of the allowable floor area of an equivalent-sized lot located in the R6 zone district. (See R6 Zone District.) City of Aspen Historic Transferable Development Rights shall not be extinguished in this zone district and shall not permit additional floor area. c. Multi-Family - parcel density ofless than one unit per 1,500 square feet oflot area: .75: 1. d. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet of lot area: 1.25: 1. e, Multi-Family - parcel density equal to or greater than one unit per 750 square feet of lot area: 1.5: 1. (Ord, No. 56-2000, 9 7 (part); Ord. No. 25-2001, 9 5 (part); Ord, No. 1-2002 9 20 (part), 2002; Ord. No, 29-2002 9 1,2002; Ord. No. 27-2004,91) E~~\'a- " 26.710.110 Affordable Housing/Planned Unit Development (AHlPUD) A, Purpose. The purpose of the Affordable Housing/Planned Unit Development (AH/PUD) zone district is to provide for the use of land for the production of Category affordable housing and resident occupied lots and units. The zone district also permits a limited component of free market lots/units to off-set the cost of developing atIordable housing. It is contemplated that land may also be subdivided in connection with a development plan. The AH/PUD zone district is intended for residential use primarily by permanent residents of the community. Recreational and institutional uses customarily found in proximity to residential uses are included as conditional uses. Lands in the AHlPUD zone district should be scattered throughout the City to ensure a mix of housing types, including those which are affordable by its working residents; at the same time the AH/PUD zone district can protect the City's neighborhoods from rezoning pressures that other non-community oriented zone districts may produce, Further, lands in the AH/PUD zone district should be located within walking distance of the center of the City, or on transit routes. B. Permitted uses. The following uses are permitted as of right in the AH/PUD zone district: I. Residential uses restricted to Category affordable housing guidelines and resident occupied units which comply with the following requirements: a. Minimum Bedroom Mix. A minimum of seventy percent (70%) of the proiect's total bed-rooms shall be deed restricted affordable housing consistent with the Affordable Housing Guidelines. The mix between categories of housing shall be consistent with the Affordable Housing Guidelines. The remaining bedrooms that are not deed restricted to affordable housing may be free market residential units. b, Permissible reduction in bedroom mix for exemplary projects. A project may be eligible for a reduction of the minimum affordable housing bedroom mix requirement to a level of sixty percent (60%) of the project's total bedrooms if the applicant can demonstrate to the satisfaction of the City Council that the project meets the requirements for an exceptional project as set forth in the Affordable Housing Guidelines, 2. Home occupations; 3. Accessory buildings and uses; and 4. Accessory dwelling units meeting the provisions of Section 26.520. C. Conditional uses, The followings uses are permitted as conditional uses in the Affordable Housing (AH) zone district, subject to the standards and procedures established in Chapter 26.425: I. Park and open use recreation site; 2. Child care center; 3, Satellite dish antennae; 4. Dormitory; and 5. Transit facilities, D. Dimensional requirements.' The following dimensional requirements shall be established by adoption of a Final PUD Development Plan and shall apply to all permitted and conditional uses in the Planned Unit Development: I. Minimum Lot Size, 2. Minimum Lot Area per dwelling unit. 3. Maximum allowable density. 4, Minimum lot width, 5. Minimum front yard. 6. Minimum side yard. 7. Minimum rear yard. 8. Maximum site coverage. 9, Maximum height (including view planes). 10. Minimum distance between buildings on the lot. II, Minimum percent open space required for the building site. 12. Trash access area, 13. Allowable Floor Area, 14. Minimum off-street parking spaces. 15, Other dimensions determined necessary to establish through the PUD process. Note #1: The maximum allowable density permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: Unit Type Minimum Lot Area* per dwelling unit (square feet) Dormitory Studio One Bedroom Two Bedroom Three Bedroom Three+ Bedrooms 300 400 500 1000 1500 500/Bedroom Note #2: The allowable floor area permitted in this zone shall be established by adoption of a Final PUD Development Plan by using the following table applied to the proposed fathering parcel as a guide: Fathering parcel Lot Area' 0--15,000 square feet 15,001--25,000 square feet 25,001--43,560 square feet > I acre--3 acres > 3 acres--6 acres >6 acres Allowable Floor Area Ratio 1.1: I 1:1 .8:1 .6:1 .36:1 .3:1 , Lot Area as defined in the Land Use Code. (Ord, No. 55-2000, 9 22) b~\).lr 1:. 3-40-070 AH Affordable Housing A. Intent: The AH, Affordable Housing, district is intended to provide land for the production of income and price restricted housing of all types, The district provides affordable housing opportunities for permanent residents of Pitkin County in a comfortable, healthy and safe location sheltered from incompatible and disruptive activities. The district need not be located in proximity to incorporated or unincorporated towns but should be located in areas with minimal impacts on surrounding areas, free of environmental hazards. B. Allowed Uses: The following uses are allowed as of right in the Affordable Housing (A H) Zone District: 1. Accessory buildings and uses. 2. Bus stop. 3. Crop production. 4. Day care centers. 5, Home occupations, 6. Mobile homes. 7. Parks, playground, playing fields, 8. Category 1, 2, 3 or 4 deed restricted single-family dwelling units. 9. Solar energy collectors (private use), 10. Trails, C. Special Review Uses: The following uses are subject to special review: I, Agriculture stands, 2. Caretaker dwelling units. 3. Cemeteries. 4. Churches. 5. Club houses or recreational buildings used in connection with and accessory to a permitted outdoor recreational use, 6, Community health facilities. 7. Dormitory housing. 8. Duplex dwelling units, 9. Employee dwelling units. 10, Farm buildings. 11. Golf courses, 12. Multi-family dwelling units. 13. Nursing, convalescent, rest, and retirement homes. 14. Outdoor recreational uses. 1 5. Personal service outlets: food stores, drug stores, post office substation, self-service laundries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet or gross leasable space per dwelling unit in the district. 16, Manufactured home. 17. Satellite reception devices. 18, Schools/universities. 19. Sewage disposal areas/landfills/water plants. 20. Uses, activities and facilities permitted by special use permit issued by federal agenctes. 21. Water crossing and diversion. , D. Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH) Zone District: I . Airport, 2, Alpine ski areas and support. 3. Amusement and entertainment establishments. 4. Animal production and husbandry services, and other farm and agricultural uses, 5. Commercial automobile parking lots, 6. Commercial camping areas. 7. Commercial firewood splitting, storage and sales. 8. Commercial kennels and veterinary clinics. 9. Commercial riding stables. 10, Equipment supplies and contraction or subcontraction. II. Essential government and public utility uses, facilities and services. 12, Financial institutions. 13. General services. 14. Guest ranches. IS. Hospitals, 16. Junk yards. 17. Logging. 18. Medical/dental clinics. 19. Mineral exploration/mining concrete batch plants. 21. Motels, hotels, lodges. 22. Nordic ski areas and support facilities. 23, Offices. 24, Places for retailing of goods. 25, Professional offices. 26. Radio transmitting station, 27. Research facilities, indoors, 28. Research facilities, other. 29. Resort cabins. 30. Restaurants and bars. 3 I. Timesharing/fractional fees, 32. Uses not listed. 33. Vehicle and aircraft sales and service. E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted and special review uses in the Affordable Housing (AH) Zone District: I. Minimum lot area: six thousand (6,000) square feet. 2. Minimum lot area principal use is dependent upon the type of affordable housing: a. Single-family dwelling (SFD): three thousand (3,000) square feet. b. Duplex (DUP): three thousand (3,000) square feet. c. Multi-family studio (MF-ST): one thousand (1,000) square feet. d. Multi-family one bedroom: one thousand two hundred fifty (1,250) square feet. e. Multi-family two-bedroom: two thousand (2,000) square feet. f. Multi-family three-bedroom: three thousand (3,000) square feet. 3. Minimum usable open space per dwelling unit: one thousand two hundred (1,200) square feet. 4. Minimum front yard setback: See Figure 3-1. 5. Minimum side yard setback: See Figure 3-1, 6. Minimum rear yard setback: See Figure 3-1. . 7. Minimum lot width: thirty feet (30'), 8. Maximum height principal structure: twenty-eight feet (28'). 9. Maximum height accessory structure: twenty feet (20'), 10. Maximum floor area ratio: .50. (Ord. 99-36 Att, B (part)) MEMORANDUM 'Jlld TO: Mayor Klanderud and Aspen City Council FROM: Steve Barwick, City Manager John Worcester, City Attorney Chris Bendon, Community Development Director~ Neighborhood Commercial (NC) Zone District Code Amendment First Reading of Ordinance No.iMSeries of 2005 Second Reading Scheduled for March ]4,2005 THRU: RE: DATE: February 14,2005 SUMMARY: This proposed ordinance updates the Neighborhood Commercial Zone District. The NC changes provide an updated list of permitted and conditional commercial uses and allows for residential and lodging uses on upper floors. The new use descriptions more closely relate to current businesses, A criticism of the current NC zoning is its antiquated list of uses, The commercial FAR remains the same, I: I, while an additional .5: I of FAR has been proposed to provide for residential (both free-market and affordable), lodging, civic, and public uses, Staff believes this additional FAR will encourage a mix of uses without increasing the amount of commercial square footage currently permitted, The NC Zone encompasses the land surrounding Clark's Market and parking lot, the former KSNO building located just south of Clark's Market, City Market, the Durant Mall Building, and the Frias Properties Building. Also, approximately 2,700 square feet of Obermeyer Place is designated NC, Each of these properties is designated with either a PUD Overlay or an SPA Overlay, which controls the dimensions of the development. The proposed zoning does not permit residential or lodging uses on the ground floor although these uses may be approved on the ground floor as a conditional use, This has been included to maintain a commercial presence on the pedestrian level while providing flexibility to consider special circumstances. The changes reflect City Council's direction to staff from various work sessions on commercial development. Staff recommends adoption of Ordinance No. la... Series of 2005, upon first reading. I -,.,"-,._-.,=~_._-~-~-----~",--,--~~-,_." MAPS OF NC ZONE DISTRICT: .". -t. , .. ..... .; , -- ....... . - . I . ....;.f Hallam RiO Grande Park ..... \.lIt ,.~.., . ~!~; .i ,i · · ... -t... 'I'~~.n it".;! Main Main . J .~":1.. '!.. .... .. . , Hopkins ~~,!~.: 'jT.~IIII'T '..": :,.;",....., r ".,~.. " ;.,1.. ..1 s :f' .~",. ~ .IIHi. f il.iilli! t ~g ..n..... ,,',',I! 'i '."', " Hyman '" a. "" ".""" '.'" n !,>... ..~.. r..~d I". .,...... - ,..."""""" ; ! ' i_:.~U;.Ui: '... "..,...."",-,,,....'^',..", ~.,~ ~i II " CITY MANAGER'S COMMENTS: /:l ^ ~ ~.r"tv-J RECOMMENDED MOTION: "I move to approve Ordinance No,/V, Series of2005, upon first reading." ATTACHMENTS: A - Review Criteria B - Council Work Session Sununary 2 <..<----~_.__._"~.._--'^<.>.~ ... ORDINANCE NO. f ~ (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.170- NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT - OF THE CITY OF ASPEN MUNICIPAL CODE. WHEREAS, the City Council and the Planning and Zoning Commission of the City of Aspen instructed the Director of the Community Development Department to propose amendments to the Land Use Code, part of the City of Aspen Municipal Code, related to the Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory Group, pursuant to sections 26,208 and 26,212; and, WHEREAS, the purpose of the Infill Program is to implement action items identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned by the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the Infill Advisory Group in January, 2002), and the recommendations of the Economic Sustainability Committee (a joint project between the City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute Community Forum concluded in September, 2002) that call for: . intensification ofland uses within the traditional townsite, . focusing of growth towards already developed areas and away from undeveloped areas surrounding the city. . retention of existing commercial and lodging uses. . increased vitality of the downtown retail environment. . rejuvenation of aging commercial properties. . development of mixed-use buildings with housing opportunities for locals. . development of affordable housing in locations supported by the "Interim Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP), . revisions to, or elimination of, identified barriers to successful infill development such as the costs of development exactions, growth management penalties for redeveloping buildings, and the length and uncertainty of approval processes. . revisions to the strategy implementing growth management to emphasize quality of development as opposed to just the quantity of development. . elimination of development incentives for single-family and duplex development within commercial, mixed-use, and lodging zone districts. . balance between the community and the resort aspects of Aspen. . sustainability ofthe local social and economic conditions. Ordinance No._, Series of 2005 . The creation of a development environment in which private sector motivation is leveraged to address community goals; and, WHEREAS, the amendments herein relate to the following Section of the Land Use Code, Title 26 of the Aspen Municipal Code: 26,710,170 - Neighborhood Commercial (NC) Zone District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, the Community Development Director recommended approval of the proposed amendments, as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the proposed amendments to the above noted Chapters and Sections on September 3, 2002, continued to September 17,2002, continued to September 24,2002, continued to October I, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22, 2002, continued to October 29,,2002, continued to November 5, 2002, continued to November 12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to December 10, 2002, and continued to December 17,2002, took and considered public testimony at each of the aforementioned hearing dates and the recommendation of the Community Development Director and recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments to the land use code by amending the text of the above noted Chapters and Sections of the Land Use Code; and, WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to the Land Use Code under the applicable provisions of the Municipal Code identified herein, has reviewed and considered the recommendation of the Community Development Director and the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code meet or exceed all applicable standards and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Section 26.710.170, Neighborhood Commercial (NC) Zone District, which section regulates development within the Neighborhood Commercial Zone District, shall read as follows: Ordinance No, _' Series of 2005 2 26.710.170 Neighborhood Commercial (NC). A. Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to provide for the establishment of mixed-use buildings with commercial uses serving the daily or frequent needs of the surrounding neighborhood, thereby reducing traffic circulation and parking problems, to provide opportunities for affordable and free-market residential density, and to provide a transition between the commercial core and surrounding residential neighborhoods. B. Permitted uses. The following uses are permitted as ofright in the Neighborhood Commercial (NC) zone district: I. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free- Market Multi-Family Housing, home occupations. 2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors including parking accessory to a permitted use, storage accessory to a permitted use, farmers market provided a vending agreement is obtained pursuant to Section 15.04.350(B), C. Conditional uses. The following uses are permitted as conditional uses in the Neighborhood Commercial (NC) zone district, subject to the standards and procedures established in Chapter 26.425: 1. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, or home occupations on the Ground Floor. 2, Commercial Parking Facility, pursuant to Section 26.515; D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Neighborhood Commercial (NC) zone district: 1. Minimum lot size (square feet). No requirement. 2. Minimum lot area ver dwellinf!. unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front vard setback (feet): 5. 5. Minimum side vard setback (feet). 5. 6, Minimum rear vard setback (feet): 5, Plus, a trash/utility service area shall be required, pursuant to Section 26,575.060. 7. Maximum heif!.ht: 32 feet. 8, Minimum distance between buildinf!.s on the lot (feet): No requirement. 9. Pedestrian Amenitv Svace: Pursuant to Section 26,575.030. Ordinance No. Series of 2005 3 ,.."._-"_.._...<._..._"""'----~---_......-.-..._'."..-'- 10. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 1.5: 1. a) Commercial Uses: 1:1. b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic Uses, child care center, and similar uses: I: I, c) Affordable Multi-Family Housing: .5:1. d) Free-Market Multi-Family Housing: .5:1. Section 2: 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 5: A public hearing on the Ordinance shall be held on the _day of _,2005, 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 shall be published in a newspaper of general circulation within the City of Aspen. [Signatures on following page] Ordinance No. Series of 2005 -' 4 ,~"",""~-_.-,_."",,---"_._,--..,,,."~.-....-------~..,. ~--~,....".....-->,"-,~.~.~-----..~-,,--.,..,..,....~-",----._--..-_.. -.----.---".--.------- INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the _ day of _,2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of ,2004. Attest: Helen K. Klanderud, Mayor Kathryn S. Koch, City Clerk Approved as to form: City Attorney C:\home\infiJl\NC Zone\NC Ordinance.doc Ordinance No, Series of 2005 -' 5 Exhibit A NC Zone Amendments STAFF COMMENTS: Text Amendment Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment In reviewing an amendment to the text of this Title, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed NC code amendments are to encourage the development of higher intensity development in areas that can support such intensity with existing infrastructure, This promotes a general planning goal of maximizing the efficiency of existing public infrastructure and also providing development intensity in areas where automobile use can be minimized. No aspect of the proposed code amendment is in conflict with other portions of the Municipal Code, B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan, Staff Finding: Staff believes these changes to the NC zone are supported by the AACP, There are many references to providing commercial and mixed-use redevelopment opportunities within the townsite and within walking distance of daily needs. The two areas where this zone is used are appropriate places for mixed-use development and the proposed purpose of the zone will help guide future designation of where this zone should be used. These code amendments are also expected to encourage mixed-income housing, promoting a healthy social fabric and a balance between the resort and the community. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: This amendment does not affect the location of the NC zone. The zones boundaries are not being altered, only the allowances within the zone district and the types of uses and intensities allowed on these parcels, These areas of town continue to be appropriate locations for commercial and mixed-use development consistent with existing development. Staff believes this criterion is met. D. The effect of the proposed amendment on traffic generation and road safety. staff comments - NC Zone. page I .....~~-"~-,~...,.,--......"-_..........-~.~,~-~...,.,,.....,....'""- Staff Finding: The proposed changes encourage redevelopment and capital investment in commercial and mixed-use buildings within the NC zone. Encouraging reinvestment in the retail and mixed-use districts within Aspen will likely create slightly more traffic on local streets, Staff does not believe the amendments represent any safety issues on local roads. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, Staff Finding: The amendments intentionally encourage greater use of existing infrastructure by focusing development into areas that are already served as opposed to areas to which new infrastructure must be extended. The amount of potential development is not expected to unduly burden or overwhelm existing infrastructure. Also, impact mitigation requirements for public systems ensure their continued capability, F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding;. Increased reinvestment opportunities will allow for greater utilization of existing and planned infrastructure improvements, This may have less of a negative effect on the environment than development in areas where infrastructure does not already exist. Generally, staff believes this Ordinance will not encourage adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, Staff Finding: Characteristic of traditional towns, and important to Aspen as expressed in the Community Plan, is a vibrant downtown commercial district with mixed-uses and retail continuity, This is the historic character of the downtown and the changes should encourage reinvestment in this development type. Staff believes the amendments are consistent and compatible with the community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: The proposed amendment is not specific to one parcel. staff comments ~ NC Zone. page 2 'W' ,_...'___._'_H"~'_~~____~_'~__" __.~...._.,.",~"_e.~"~_~~_"_"~~'" ,__,__,_.___~^.,h._____.._.._____..____ .. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: This proposed amendment does not pose any conflicts with the public interest. The AACP reflects a community desire for integrated affordable housing opportunities and local-serving commercial uses within mixed-use areas, Staff believes this Ordinance will promote the purpose and intent of this Title. This Ordinance promotes reinvestment in commercial and mixed-use areas of town and emphasizes on-site employee housing opportunities for working residents and reducing the dependence on the automobile by providing housing near employment and recreation centers, Healthy mixed-use districts are consistent with the public interest. Local-serving commercial business opportunities will aid the local economy and is consistent with the public interest. staff comments - NC Zone, page 3 ......__.~-~.'-.~_.-,~~._---~..< MEETING DATE: August 31, 2004 ~~ ~;~-b ... ASPEN CITY COUNCIL WORK SESSION MEETING NOTES AGENDA TOPIC: Commercial Development - work session PRESENTED BY: Chris Bendon COUNCIL MEMBERS PRESENT: Helen, Terry, Tim, Rachel, & Torre Summarv City Council discussed Lodging (a revisit of previous direction) the MU zone, NC zone, and the SCI zone. This work session was a continuation of previous commercial work sessions. Items Resolved AUJ!Ust 31s/: Lodging Revisit City Council redirected staff on the lodging incentive to pursue a "density" standard rather that trying to differentiate traditional ownership verses fractional ownership. This is a strategy to encourage lodging with small rooms and higher unit counts. A lodge unit per lot area and possibly an average lodge unit size could be used. Staff believes this addresses an interest of the City - specifically high occupancy lodging projects while fitting better with standard zoning differentiation, namely density. As a secondary outcome, this density standard may be less appealing to fractional projects as the trend seems to indicate larger units in fractional projects. Mixed-Use Zone (Main Street). For the Mixed-Use district (Main Street), Council previously directed staff to structure allowable heights to permit a 32-foot height for mixed-use, lodging, and multi-family development and maintain the 25-foot limit for single-family and duplex development. Staff also suggested a reduced ratio for new single-family and duplex development similar to the reduction in the RMF zone - 80% of the R6 schedule. For replacement of existing single-family and duplex structures, a 100% schedule would apply thereby not creating non-conformities. Council agreed with the strategy, There was some discussion on the reduction or waiver of affordable housing mitigation for converting historic structures to commercial uses. This could be a strategy to encourage the preservation and rehabilitation of older buildings in this zone. The discussion was not concluded. ~ Neighborhood Commercial This zone is comprised of two areas - the Clark's Market and KSNO buildings, and the City Market/Durant Mall area. Both areas are zoned with a PUD Overlay which controls their dimensions. Because of the two different contexts, the PUD process would be useful in determining zoning dimensions. Staff suggests a range of options. Council determined that no major updates to this zone were necessary although the list of permitted uses should be cleaned-up. Service Commercial Industrial Council previously agreed to a 35-foot height limit (which is the current requirement) with one 5-foot height increase to encourage greater first floor heights or a minimum amount of SCI space. (Only one increase for either or these, but not two total increases.) Some of the uses should also be cleaned-up and the amount of retail/showroom space that can be provided should be clarified. Council confirmed this basic strategy. Previouslv Resolved Items: Redevelopment projects should be permitted a creditfor their existing development. The City's code permits the replacement of commercial square footage after demolition only if the project mitigates for affordable housing as if nothing existed there before - no credit. This replacement penalty is a significant barrier to redevelopment and removing it is a consistent theme of the infill discussions. This redevelopment credit idea was implemented a few years ago in the Lodge Preservation Program and has produced some positive activity. Providing this credit is similar to the City's approach on Lodging development. Councilwoman Richards expressed some interest in still requiring some level of mitigation. This was not echoed by other Council members, Pedestrian Amenity cash-in-lieu uses should not be broadened to include purchase of open space viewable from downtown. Staff recommended against this route. The reason for requiring this space is to enhance the pedestrian environment and cash-in-lieu monies should be used to directly affect this goal and not diverted to other community issues. This is especially important in light of the City's recent analysis of downtown and a desire to implement improvements with no funding source. There was not sufficient Council interest in pursuing this option. Off-site affordable housing mitigation should be approved by P&Z while off-site, outside the city limits should only be approved by City Council. This outside the city issue also was raised by Council during lodging discussions with the preference being to permit such mitigation with approvals from City Council. The Pedestrian Amenity requirement should be 25% of each lot: Council decided on keeping this standard at 25% with the ability for P&Z to lower the requirement to reward exceptional projects, P&Z's criteria for exceptional should include consideration of the projects mix of uses and how that mix contributes to an active downtown. Redevelopment of lots with no Pedestrian Amenity (or less than required) space is currently provided shall not be required to provide Pedestrian Amenity if the building is merely being replaced with no expansion, If the redevelopment of a lot increases the building size, a Pedestrian Amenity equal to 10% of the lot size will be required and could automatically be satisfied with a cash-in-lieu payment. 2 ,. _'_"~_"""'_'4__"v"_"___-'-'--~~__""_ .. ._.__~"",~_,~~~__,_",___","__.....,"_..-~..__~_~"_~"'___'----,^~.......'~-~.'-.-,-.".~-----. Pedestrian Amenity and Commercial Design Standards should be ready for first reading by September 13 th. The outdoor merchandising in required open space issue will be forwarded to the Downtown Catalyst and not addressed in infill amendments, The TDR Program will not be expanded to the Commercial Zones. A TDR program for Affordable Housing mitigation will not be pursued in infiU code amendments. The idea will be forwarded to the Housing Authority and Board. CC Zone Height: A height limit of 42 feet, measured at the full extent of the roof will apply to the Commercial Core District. Staff will research some flexibility for modest increases to accommodate rooflines internal to a project that are not visible from the street level. This would likely be a review done by HPC as they already must review the design of each building. Cl and Lodge Zone Height: In the CI and Lodge districts, a 42-foot height for flat roofs and 38 feet for midpoint of pitched roofs will apply, CC and CI changes are scheduled for public hearing on September 13th Mixed-Use Zone Height: In the Mixed-Use district (Main Street), a 32-foot height limit will apply to mixed-use, lodging, and multi-family development. The 25-foot limit will remain for single-family and duplex development. First Floor Commercial Core Office Restriction: Council directed staffto pursue a restriction on ground floor offices in the Commercial Core, Council generally supported a "setback provision" which would exempt spaces from this restriction if they were significantly set back from the tront of the parcel. Staff generally believes a 40-45 foot setback will accommodate existing spaces that would not make great retailing spaces. Council agreed to not apply this no- office restriction on split level buildings. Rachel, Torre, and Terry supported the office restriction with Helen and Tim opposed. This item is scheduled for public hearing on September 13th, along with other changes to the CC and C I Zones. Wagner Park View Plane: City Council reviewed additional graphics on the potential Wagner Park view plane in relation to the suggested 42-foot height limit for lodging development. Council decided not to pursue a regulated view plane from the edge of Wagner Park. Terry and Torre supported a new regulation, Commercial Core and Commercial] Districts: Council was generally supportive of a the staff recommended FAR limit of3:1, comprised ofa 1.5:1 limit on commercial, a I :1 limit on free- market residential, and no limit on affordable housing, Sunny Vann expressed interest in allowing the internal distribution of floor area to be varied and staff will look into this more and provide a recommendation. Council was generally supportive of permitting single-family and duplex development in the C I zone with a reduced FAR schedule - 80% R6 was discussed, 3 MEMORANDUM VIII a TO: Mayor Klanderud and Aspen City Council THRU: John Worcester, City Attorney .jI\A- Chris Bendon, Director of Community Development Chris Lee, Planner D..L- Aspen Consolidated Sanitation District Master Plan - 2nd Reading of Ordinance No. 37, Series of 2004, Continued Public Hearin2 from Januarv 10.2005 February 14, 2005 FROM: RE: DATE: PROJECT: ASPEN CONSOLIDATED SANITATION DISTRICT REQUEST Consolidated Conceptual and Final PUD and other necessary land use SUMMARY: approvals in order to remodel and expand the existing maintenance facility, remodel and expand four existing affordable housing units located above the district offices, demolish an existing affordable housing building (4-plex), and construct/remodel new affordable housing units and drainage/riparian improvements over a IS-year build-out. The Applicant is seeking a final vote of approval, having hosted a site visit and worked with City Council during several meetings to incorporate their recommendations into the final site plan. ApPLICANT: Aspen Consolidated Sanitation District represented by Heather Stone, Associate, Design Workshop PROPERTY: ACSD Headquarters located at 565 North Mill Street. PROJECT SUMMARY: The applicant, Aspen Consolidated Sanitation District (ACSD), is proposing entitlement of a master plan that will permit the redevelopment of the District headquarters property to accommodate additional facility needs, affordable housing, and improvements to the sites' drainage and riparian habitat. The site currently includes the maintenance facility, district offices (including public reception), five affordable housing units above the district offices comprised of one three-bedroom unit, one one-bedroom unit, and three studio units. An affordable housing building consisting of two two- bedroom units and two one-bedroom units exists separate from the maintenance building. This affordable housing building was constructed about 25 years ago and houses district employees. The site is approximately 3,5 acres (145,878 square feet) and was at one point the primary treatment facility for the district. Treatment is now handled at the new facility located below the Aspen Business Center. -1- The Applicant proposes new development of seventeen (17) units on the property composed of seven (7) one-bedroom units, seven (8) two-bedroom units and two (2) three-bedroom units, The development will occur as three separate four-plex buildings on the property as well as renovation of the existing units above the district offices. All the units will be served by 28 residential parking spaces. PROCESS: The Applicant is appearing before City Council with expectations of a final vote of approval having incorporated suggestions into the Master Plan that were received from City Council during the previous meeting on January 24th, specifically addressing the height of the employee affordable housing building closest to the trail. After participating in a productive process with both the Planning and Zoning Commission and the City Council, the Applicant has prepared what it believes to be an excellent master plan for the site that addresses all stated concerns. It is presented once again, with incorporated changes, in expectation of final approval. ISSUES FROM THE FIRST READING: At the first Reading on November 8[\ members of the City Council voiced a few items for further study and discussion, Those items are summarized below: Trail Impact (Visual) - There is a concern that the development will have a negative visual impact from the Rio Grande Trail that runs near the property. This issue was also raised and closely reviewed by the Planning and Zoning Commission, The concerns of the P&Z Commission Members were addressed by the Applicant's presentation of a rendering of the project from the trail that illustrated the site appropriate design of the development. The plans have also been presented to, and received positive reviews from, both the Parks Department and the Environmental Health Department. Riparian Setback - There was also a question about potential environmental impacts to the Roaring Fork River by the proposed Sanitation District Master Plan. The Environmental Health Department does not foresee any detrimental affects of the development on the river corridor. In fact, The Environmental Health Department considers the proposed storm water detention/percolation areas and the reduction in sod areas to be a significant improvement. ISSUES FROM THE SECOND READING: At the second Reading on November 22nd, members of the City Council voiced a few items for further study and discussion. Those items are summarized below: Height and Visual Impact - There was a strong concern that the Architect didn't know the exact heights of the buildings proposed for the development. It was also determined by the Architects that an image they previously provided was skewed and not done precisely to scale, It was suggested that a site visit with height poles in place would be a practical next step, Council voted to continue the project to January 10, 2005 and consider it again after the visit. ISSUES FROM THE SITE VISIT: At the site visit on December 13th, members of the City Council, Parks Department and Community Development Department were present. Members of the City Council voiced a few matters of concern. Those items are summarized below: -2- Height and Visual Impact - Seeing the poles on site made the height issue more apparent. There was concern about the structures being too tall and potentially blocking the view plane from the trail. The Architects took all comments into consideration and will strive to mitigate the height impacts. Proximity to the Trail - The Applicant had already recognized that the area seemed a little constricted for all four housing units and eliminated one, Even with one of the complexes eliminated, however, there was still concern about the proximity of the structures to the trail. Landscaping - There was discussion about the type of landscaping that would be done and how that would impact views from the trail. The Applicant is planning to more fully illustrate the landscaping strategies in future presentations. ISSUES FROM THE CONTINUATION OF THE SECOND READING: The City Council meeting on January loth provided a forum to test the efficacy of several significant design changes that had been instituted by the design team. The feedback from Council was generally positive and complimentary about the significant efforts made by the client. However, there were some remaining concerns voiced by members of the Council: Ownership Arrangement - As of that meeting the specific ownership agreement between the Sanitation District and the City (to ensure that the development would always serve as affordable housing) had not yet been established, Bruce Matherly mentioned that he was still in discussions with the City Attorney, John Worcester, about the matter. Landscaping - There was concern expressed that perhaps the landscaping as shown on the model would be too dense, thereby limiting the view from the trail. Height and Visual Impact - The Applicant was widely praised for the efforts taken to reduce the height and visual impacts of the structures on site, That was accomplished by reducing the size of the blacktop as much as possible and moving the three buildings twenty feet further away from the trail, reducing the height of the middle town home and rotating the gabled roof a complete 90 degrees to allow for better views of the mountains, However, a suggestion was made to lower the height of the building closest to the trail by one story. Another Council Member suggested that all the buildings could still be lowered. Vesting Period - Another concern was the proposed fifteen (15) year vesting period. It was suggested that perhaps vesting periods could be seen more like "check in opportunities" rather than extinguishing the development laid out in the Master Plan. Staff continues to support this vesting period. Reliance on approvals is critical to a meaningful master plan. Without approval of an extended vesting period, the affordable housing allotments will automatically expire after three (3) years, leaving the plan void of entitlement and subject to full plan review. Staff recommends, at a minimum, the vesting of the affordable housing allotments for a fifteen (15) year period, - 3- Also of concern to Staff is the status of a multi-phase development after completion of an initial phase. This level of investment may result in common law vesting of the entire plan. Staff believes that clearly specifying a vesting period may limit future interpretations of common law by both the City and the ACSD. ISSUES FROM THE SECOND CONTINUATION OF THE SECOND READING: At the City Council meeting on January 24th there were not really any new points that were raised, but there was an emphasis on how certain parts of the proposal are presented in the Ordinance and on one specific architectural element change. All issues are stated below: Ownership Arrangement - The ownership agreement between the City and the ACSD was established and put into writing by the time of the meeting, but that language had not been incorporated into the documents within the City Council packets (they had already been distributed by the City Clerk when the legal language was finalized). There was a request that the legal language outlining the agreement be included in the packet (see Exhibit G). RDS Exemptions - Another concern was that the language within the Ordinance was not specific enough regarding exactly which exemptions were sought from the Residential Design Standards. Council requested that Staff specifically reference what is to be exempted in the Ordinance, Height and Visual Impact - The primary concern seemed to be the height of the affordable housing building nearest to the trail, specifically the third story element. Council voiced concerns with that architectural element and encouraged the designer to seek options that would have less of an impact on the views from the trail, such as shifting that mass to the ground floor. PREVIOUS CITY ACTION: The P&Z examined an earlier version of this plan during a work session primarily focused on the Civic Master Plan. As part of the Civic Plan process, the Sanitation District began their master planning of the property. Based on a limited number of issues raised during the work session, Staff accepted a combined conceptual/final PUD application. P&Z reviewed the project over 2 hearings and recommended approval by a 5-2 vote, The City Council has also interacted with this Applicant at various public hearings and a site visit, as outlined above. ApPLICABLE LAND USE SECTIONS: The following land use approvals are requested and necessary for approval of this project: 1.) CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT (PUD): A PUD is requested to establish the density, open space, building height, parking, allowable floor area requirements, and phasing for the proposal. Final Review Authority: City Council. 2,) GROWTH MANAGEMENT OUOTA SYSTEM (GMQS) EXEMPTIONS; GMQS Exemptions are requested for replacement of multi-family housing, development of new affordable housing, and expansion of an essential public facility. Final Review Authority: City Council. -4- 3.) SUBDIVISION; Subdivision review is required for the development of multi-family housing, There are no proposed changes to the lot lines or creation of new lots. Final Review Authoritv: Citv Council. 4.) AMENDMENT To THE OFFICIAL ZONE DISTRICT MAP (REZONING); The applicant proposes to rezone the parcel to remove the SPA overlay and implement a PUD overlay. All dimensions in the Public zone are established through adoption of a PUD, Final Review Authoritv: Citv Council. 5,) VESTED RIGHTS: The applicant proposes to build this project over a long phasing period and has requested a vested right for 20 years. Standard vesting is 3 years, although completion of an initial phase may constitute common law vesting for later phases, Final Review Authoritv: Citv Council. 6.) STREAM MARGIN REVIEW; All development within 100' of the mean high water line is subject to this review. In this case, the re-grading for drainage purposes is subject to the review s the structures are outside this 100' setback. Final Review Authoritv: Planning Commission - approved. 7,) SPECIAL REVIEW; Off-street parking requirements for affordable housing is established through Special Review. Final Review Authoritv: Planning and Zoning Commission - approved, 8,) CONDITIONAL USE; Both the maintenance facility and affordable housing are conditional uses in the Public zone district. Final Review Authoritv: Planning and Zoning Commission - approved, STAFF COMMENTS: Staff believes that the proposal meets the applicable review standards and that the master plan will provide a logical development of this parcel. The Applicant has worked diligently to incorporate advice and recommendations received both from the P&Z and City Council throughout this process, Because of this, the applicant has arrived at a plan that actually reduces the ability to deliver on some of its needs (fewer housing units), but increases the public good (lower buildings, good landscaping plan, etc). The filtration basins, berms and natural vegetation along the stream margin will improve the riparian environment and this element is strongly supported by the Parks and Environmental Health Departments. Staff and the Applicant are still working on a property valuation, This is necessary for defining School Impact Fees, but most likely will not be accomplished for Council Meeting on February 14th There has been a delay in getting an evaluation for the property because of an existing back log of other evaluations. No building permit will be issued until that evaluation is completed and legally recorded, An intergovernmental legal mechanism has been drafted by the City Attorney and ACSD Attorney to avoid the rent control issue of the Telluride decision. The legal language has been included as Exhibit G, -5- As part of their recommendation, P&Z expressed a desire for the District to partner with other organizations that may need housing. The general idea was to compress the phases with the aid of other parties who may need housing earlier than the District. It's important to note that P&Z expressed this as a desire and not as a requirement for approval. Following is P&Z's recommendation on this point. Section 11: Partnerinll on Affordable Housinll The City Planning and Zoning Commission recommends (not a requirement) that the ACSD explore and consider any potential of partnering with other public agencies, non-profits, or private developers to construct the affordable housing prior to actual demandfor housing Sanitation District employees. The Sanitation District could maintain ownership and phase-in their own employees as demand dictates, Reducing the phases and building the housing sooner rather than later could reduce impacts on the ACSD 's operations, impacts on residents within the project, impacts on neighboring landowners, and may reduce overall costs to the ACSD. STAFF RECOMMENDATION: Staff finds that the Aspen Consolidated Sanitation District Master Plan meets or exceeds the requirements of all applicable sections set forth in the Aspen Land Use Code (Review criteria and Staff Findings have been included as Exhibit A). Staff recommends that City Council approve the proposed requests. Staff recommends approval of Ordinance No. 37, Series of 2004. ~te Cffi-.., R RECOMMENDED MOTION: "I move to approve Ordinance No. 37, Series of2004." A TT ACHMENTS Exhibit A - Review Criteria and Staff Findings Exhibit B - Referral Agency Comments (provided with 1.10,05 packet) Exhibit C - Application (provided with first reading packet) Exhibit D - P&Z resolution and Minutes (provided with 1.10.05 packet) Exhibit E - City Council Minutes (provided with 1.10.05 packet) Exhibit F - Revised Site Map (February 7, 2005) Exhibit G - Intergovernmental Ownership Agreement - 6- ORDINANCE NO. 37 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FINAL PLANNED UNIT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS, RESIDENTIAL DESIGN STANDARDS (RDS) EXEMPTIONS, SUBDIVISION, AND AN AMENDMENT TO THE OFFICIAL ZONING MAP FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT MASTER PLAN, LOCATED AT 565 NORTH MILL STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737.073.00.854 WHEREAS, the Community Development Department received an application from the Aspen Consolidated Sanitation District (ACSD) (Applicant), represented by Heather Stone of Design Workshop, requesting approval of a Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Special Review for parking, Conditional Use Review for a maintenance shop and affordable housing, Stream Margin Review, and an Amendment to the Official Zoning Map for the Aspen Consolidated Sanitation District Master Plan; and, WHEREAS, the application submitted for the ACSD Master Plan proposes demolition of an existing four-plex affordable housing building, development of three four-plex affordable housing buildings, remodeling and expansion of affordable housing units located above the district offices, development of additional surface and covered parking, development of additional maintenance facilities, development of storm water treatment facilities, and development of ancillary improvements; and, WHEREAS, the Community Development Director permitted the combining of Conceptual and Final Planned Unit Development Review finding that the limited extent of the development issues and a community of interest warranted such a combination; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire District, Streets Department, the Aspen/Pitkin County Housing Authority, Environmental Health Department, Parks and Recreation Department, and the Water Department, as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, Special Review for parking, Conditional Use Review for a maintenance shop and affordable housing, Stream Margin Review, and an Amendment to the Official Zoning Map and recommended approval with conditions; and, WHEREAS, pursuant to Sections 26.425, 26.430, and 26.435 of the Land Use Code, Conditional Use Review, Special Review, and Stream Margin Review approvals may be granted by the Planning and Zoning Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the Official Zone District Map), Section 26.445 (Final Planned Unit Development), Section 26.470 Ordinance No, 37 Series of 2004. Page 1 (Growth Management Quota System Exemptions), and Section 26.480 (Subdivision) approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, relevant referral agencies and comments provided by the public; and, WHEREAS, during a regular meeting on October 5, 2004, and continued to October 12, 2004, and continued to October 19, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and approved the request for Conditional Use, Special Review, and Stream Margin Review and recommended that City Council approve the Final Planned Unit Development (PUD), Growth Management Quota System (GMQS) Exemptions, Subdivision, and Amendment to the Official Zoning Map by a five to two (5-2) vote, with the findings and conditions listed hereinafter; and, WHEREAS, during a regular meeting on November 8, 2004, and continued to November 22, 2004, and continued to a site visit on December 13, 2004, and continued to January 10, 2005, and continued to January 24, 2005, and continued to February 14,2005, the Aspen City Council reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, the Aspen/Pitkin County Growth Management Commission, and took and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the application meets or exceeds all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary tor the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Rezoninl!: to PUB-PUD The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect Lot #1 ofthe Aspen Consolidated Sanitation District Subdivision and Planned Unit Development as included in the Public zone district with a Planned Unit Development overlay (PUB-PUD). Section 2: Proiect Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: Ordinance No. 37 Series of 2004, Page 2 Minimum Lot Size 145,878 square feet Minimum Lot Area per Dwelling Unit 9,117 square feet per unit 17 Units 7 one-bedroom units Maximum Allowable Density 8 two-bedroom units 2 three-bedroom units Minimum Lot Width 306 feet Minimum Front Yard Setback 5 feet Minimum West Side Yard Setback 10 feet Minimum East Side Yard Setback 10 feet Minimum Rear Yard 50 feet Townhomes = 26.5 feet. Maximum Height (Per current Aspen Carports = 12 feet. Height Definition,) Office/Maintenance building = 30 feet. Pipe Storage building = 16 feet. Min. Distance between Buildings 16 feet Min. Percent of Open Snace As shown on final PUD Plan. Townhomes: 5,200 square feet per building x three buildings = 15,600 square feet. Carports = 6,136 square feet Allowable Floor Area (to be measured Carport storage = 1,594 square feet Office/Maintenance building. lower level = as gross square footage) 13,600 square feet Office/Maintenance building upper level = 6,800 square feet. Pine Storage building = 1,210 SqUare feet, Minimum Off-Street Parking Spaces Residential = 28 Commercial, Emolovee, and Visitor = 7 Section 3: Former SPA Plans Dissolved The filing of this Aspen Consolidated Sanitation District subdivision plat and Planned Unit Development plan dissolves and replaces all former Specially Planned Area approvals, plats, and plans for the property. Section 4: MuIti-Familv Housin2 Replacement Pro2ram The Development Order issued commensurate with final approval by City Council shall constitute a "Certificate of Compliance" in accordance with Chapter 26.530 - Multi-Family Housing Replacement Program, Section 5: Impact Fees Park Imvact Fees of $23,904 shall be assessed, In recognition of capital improvements to the City's park and recreation system constructed by the applicant, the City Parks and Recreation Department may reduce this fee commensurate with the costs of those improvements. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The following fee total is based on the current fee schedule: Ordinance No, 37 Series of 2004, Page 3 Park Fees - Proposed Development: 7 one-bedroom units@ $2,120 per unit 8 two-bedroom units@ $2,725 per unit 2 three-bedroom unit@ $3,634 per unit = $14,840 = $21,800 = $ 7,268 = $43,908 Total Park Fees - Credit for Existing Development: 3 Studio residential units@ $1,520 per unit 3 one-bedroom units@ $2,120 per unit 2 two-bedroom units@ $2,725 per unit I three-bedroom unit@ $3,634 per unit Total Credit = $4,560 = $6,360 = $5,450 = $3,634 = ($20,004) Total Park Impact Fee Due = $23,904 School Im/Jact Fees shall be assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen shall verify the unimproved land value of the lands underlying the Project from recent transactions and information from the Pitkin County Assessor. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Impact Fees shall be specified in the Subdivision Improvement Agreement. The project shall be subject to amendments to impact fees required by the City of Aspen, including new impacts fees or amendments to existing impact fees. Impacts fees commensurate with each phase shall be payable upon issuance of a building permit for such phase. Section 6: Water Department Standards The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 7: Sanitation District Standards The applicant shall comply with the following Aspen Consolidated Sanitation District rules and regulations. 1. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. 2. All clear water connections are prohibited, i.e. ground water, (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. 3. On-site drainage plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. 4. On-site sanitary sewer utility plans require approval by ACSD. Ordinance No. 37 Series of 2004. Page 4 5. Oil and Sand separators are required for public vehicle parking garages, Containment areas will be required for the hydraulic lift facility and generator fuel tanks, 6. Glycol snowmelt and heating systems must have containment prOVISIOns and must preclude discharge to the public sanitary sewer system, 7. Plans for interceptors, separators and containment facilities reqUire submittal by the applicant and approval prior to building permit. 8, When new service lines are required for existing development the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 9, Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. 10. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. II. All ACSD total connection fees must be paid prior to the issuance of a building permit. 12. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed, Section 8: PMI0 Miti2ation Strateeies The Environmental Health Department recommends the applicant include the following strategies for reducing the generation ofPMIO: I, The purchase of an electric vehicle for in town use by employees and/or residents or a membership with Roaring Fork Vehicles for use by employees and/or residents, 2. Joining the Transportation Options Program. 3. Providing secure covered bike storage. Section 9: Affordable Housin2 I. The new residential units shall be deed restricted as Category 3 and Category 4 units. APCHA staff recommends Category 3 for the one-bedroom units and Category 4 for the two-bedroom units. 2. Due to the phasing of the project, deed restrictions shall be completed and recorded prior to building permit approval for each new building/phase. The deed restriction shall relate to the specific category and that each employee must meet the category requirements for that specific unit, unless that employee is employed by ACSD, Due to the nature of the facility and that it is a public facility, the income and asset requirements of the employee of ACSD can be waived in order to house all employees of the ACSD on-site, Ordinance No. 37 Series of 2004. Page 5 3, The applicant shall enter into an intergovernmental agreement with the City of Aspen, mutually prepared and agreed upon by the Aspen Consolidated Sanitation District legal counsel and the City Attorney, to maintain rental controls in perpetuity. 4. Should the units be condominiumized, the sales price shall be calculated beginning with the sales price stated in the Guidelines from the date of Certificate of Occupancy and appreciated by 3% or the Consumer Price Index, whichever is less, which is consistent with all other deed-restricted ownership units. At such time a new ownership deed restriction shall be placed on each unit that will be changed from a rental to an ownership unit. Section 10: Public Trails If the ACSD pursues a public trail through the property to facilitate public access to the Rio Grande Trail, an easement shall be provided and depicted on the subdivision plat. If the trail crosses Pitkin County-owned property, an easement from Pitkin County shall also be secured by the applicant and referenced on the subdivision plat. A public trail shall be built to City of Aspen trail standards. The City Parks Department will work with the ACSD, and Pitkin County if necessary, to develop a maintenance agreement. This requirement shall not apply if a public trail is not developed across the property. This requirement shall not apply for trail connections serving only the ACSD property, Section 11: Subdivision Plat & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision Plat and a Final PUD Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and shall include: I. The tinal property boundaries, disposition of lands, and utility and surface easements. 2. Reference to the access easement and any trail easements from adjoining property owners, 3. The location of utility pedestals with access easements for the utility provider. Transformers and pedestals shall be located outside of the public right-of-way, 4, The applicant shall provide the final approved Subdivision line dl'lta or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy, The Final PUD Plans shall include: I. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. The top-of-slope shall be depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A phasing plan describing the sequence of development phases and the improvements for each phase. The City encourages the applicant to develop the drainage improvements during phase one, thereby minimizing impacts on Rio Grande Trail. Ordinance No, 37Series of 2004, Page 6 3, A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department. 4. Design specifications and profiles for public trail improvements. 5. An architectural character plan demonstrating the general architectural character and depicting materials, fenestration, and projections. 6. Floor plans of each level of each building depicting unit divisions, 7. A utility plan meeting the standards of the City Engineer and City utility agencies. 8. A grading/drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction, If a ground recharge system is required, a soil percolation report will be required to correctly size the facility, A 2-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 9. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 12: Subdivision/PUD A2reement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a SubdivisionlPUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445,070, in addition to the following: I. The agreement shall state the ownership and maintenance responsibilities of the common areas of the project. 2. The agreement shall include a maintenance and operating agreement for public trails located on the property and shall reference agreements with adjoining landowners for public trails and the vehicular access. 3. The agreement shall identify the trees on the property to be affected by each stage of development and those which shall require mitigation, The agreement shall require mitigation be payable at the time of building permit issuance for each phase and shall indicate that permit and mitigation fees shall be determined at the time of each phase and are subject to change. 4. A Construction Management Plan (CMP) acceptable to the Community Development Engineer. 5. In order to secure the construction, installation and performance of the of public improvements and facilities, including drainage improvements and landscape improvements for each phase, the required performance guarantees shall include and secure the estimated costs of all phases of the development. 6. The applicant shall enter into an intergovernmental agreement with the City of Aspen, mutually prepared and agreed upon by the Aspen Consolidated Sanitation District legal counsel and the City Attorney, to maintain rental controls in perpetuity, 7. School Impact Fees shall be determined and specified in the Subdivision Improvement Agreement. Ordinance No, 37 Series of 2004. Page 7 Sectiou 13: Fire Department Sprinkler and fire alarms are required throughout all of the buildings. The person that designs the sprinkler and alarm systems should meet with the Fire Marshall before starting design. It needs to be confirmed that adequate water volume and pressure exists for the sprinklers, Section 14: Accessibilitv Two residential units located above the district offices, as shown in Exhibit A to this Ordinance, shall be developed as "IBC/ ANSI Type B" vertically accessible units, Section 15: Buildinl!: Permit Requirements The building permit application shall include/depict: I, A signed copy of the final Ordinance granting land use approval. 2, A letter from the primary contractor stating that the approving Ordinance has been read and understood. 3. The conditions of approval shall be printed on the cover page of the building permit set. 4. A completed tap permit for service with the Aspen Consolidated Sanitation District. 5. A tree removal/mitigation plan for any trees to be affected by the specific phase, 6. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as- needed cleaning of adjacent rights-of-way, speed limits within and accessing the site, and the ability to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. Submission of a fugitive dust control plan to the Colorado Department of Public Health and Environment Air Quality Control Division will also be necessary due to the property being in excess of I acre. 7, A study performed by a Colorado licensed asbestos inspector detailing the presence of asbestos. The State of Colorado must be notified and the report must be complete prior to issuance of a building permit. Contact the City of Aspen Environmental Health Department for state contact information, 8. Because the site is over one acre, the Contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Permit (for dust control) at the time ofthe first building permit application. 9. A construction site management and parking plan meeting the specifications of the City Building Department Prior to issuance of a building permit: I, All tap fees, impacts fees, and building permit fees shall be paid for the particular phase. 2. The location and design of standpipes, fire sprinklers, and alarms shall be approved by the Fire Marshall. Section 16: PUD Plan Compliance Ordinance No, 37 Series of 2004. Page 8 Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the project review. Section 17: Vested Ril!:hts The development approvals granted herein shall constitute a site-specific development plan vested for a period of fifteen (15) years from the date of issuance of a development order. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of fifteen (15) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot #1, Aspen Sanitation District Subdivision and Planned Unit Development. Section 18: Residential Desi2nStandards The City of Aspen Residential Design Standards (26.410,040) shall be waived with the exception of the following: D. Building Elements 1-4, E. Context 1-2. Section 19: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 20: 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 21: 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 22: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Ordinance No. 37 Series of 2004. Page 9 Section 23: A public hearing on the Ordinance was held on the 22nd day of November, 2004, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of November, 2004, Attest: Kathryn S. Koch, City Clerk Helen K. K1anderud, Mayor FINALLY, adopted, passed and approved this _ day of ,2005. Attest: Kathryn S. Koch, City Clerk Helen K. K1anderud, Mayor Approved as to form: City Attorney ATTACHMENT Exhibit A - Units to be developed as "IBC/ANSI Type B" Ordinance No, 37 Series of 2004. Page 10 O\~;(\QI\tLEx~\b\\- ~ o i 1 __'I '- 0) I I i I U~\i; ~(rd ~ be'; ~-::6;ble- Tyft'- 'ES lmifs n .. I CD Ti-tIRD LEvEL FLOOR PLAN ......J....",. lTlG,b,.._ ~ 0 n ffJ 1 i I 0) i II i I I I, I- I ~ I - ---, -1- -I I -1- I I j I -r--~ . --- - I I - ru::rl 0 .;;:. (,,0/,,:>0 ,,> v ......' ,d1~tlo p. ".;'" #," &"< "" ~. --0 .lJ. W , " " " " " I I' ~~~~~~~~~~~~~~~~~ /' - - I 1-0 -----~ CD 5ECON, D LEVEL FLOOR Pi AN "".r_ ....~-l'IZM:04.....,_>eIII ,i' COTI1..E GRAYBEAL YAW IOrcldhcts J>.O.Bod29 iZ!8MOd'.ndAvM.... S.u.oLT,C081a2:l. lI.970.92T.4S2S IaxS70.82T.8S78 SlOEastllyrr,., A.SJ>EN,C081aU 1e1970.925..2868 ta~97a.92S..2Bn P..O._~7 107NOttIlFi'&r...t T:EUURID(.coaHJ~ 1el97o.nB-3037 fu;97o.n~ I'.D.Bo.6337 37347 us H1&hwor,;t6 S<Ji~200 ....VOfl.COB1620 tal 910.T48.151B fu970.748.1518 II$pOnOcll)\lfQl"oc!&com 0) ASPEN CONSOllD. SANITATION DISTRICT EXISTING OFFICE ASPEN COLORADO ~L!<: DATE: ORAWN~ C1iECKEDSY: :l1ll20AJ.i 06.08.04 " A JSSUE:SCHEMATICOESIGN REVISIONS: UPPER LEVEL PLAN =I.E;C~ A3.4 EXHIBIT A FINAL PUD STAFF FINDINGS PLANNED UNIT DEVELOPMENT. A development application for PUD shall comply with the following standards and requirements: A. General requirements, 1, The proposed development shall be consistent with the Aspen Area Community Plan (AACP). STAFF FINDING: T DOES IT COMPLY? T YES The proposed development is consistent with the AACP, Among the policies and goals that the project complies with are: providing a development that is compact, mixed use, and that by virtue of its location, enables travel by foot, bicycle, and public transportation, provides affordable housing, enhances pedestrian corridors, and reinforces the eclectic mix of design styles within the City to maintain and enhance the character of the community, The Action Plan portion of the AACP speaks about the importance of increasing density through infill in Aspen's original town site, especially for affordable housing, This project does just that. 2. The proposed development shall be consistent.with the character of existing land uses in the surrounding area, STAFF FINDING: T DOES IT COMPLY? 1 YES The proposed development will be consistent with the character of existing land uses in the surrounding area. The subject site is surrounded by a mix of uses from light industrial, recreational, to single family. Some affordable housing already exists on site and the improvement of housing opportunities for Sanitation District staff on this parcel is consistent with the current condition. Improvements to the maintenance facilities on the site are consistent with the manner in which the property has historically been utilized. 3. The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: TDoESITCOMPLY? I YES Properties to the south represent additional development potential. An easement exists across an adjoining property and will continue to provide access to the site without adversely affecting this adjoining property. Other adjacent properties function as passive or active open space and will not be adverselv affected by this development. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. ACSD Master Plan Staff Comments Page I STAFF FINDING: I DOES IT COMPLY? I YES The proposed development requires GMQS allocation, Exemption requests are being considered concurrently. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. The proposed dimensional requirements are listed below: ImenslOna eQUlrements art Minimum Lot Size 145,878 square feet Minimum Lot Area per Dwelling Unit 9,117 square feet ner unit 17 Units Maximum Allowable Density 7 one-bedroom units 8 two-bedroom units 2 three-bedroom units Minimum Lot Width 306 feet Minimum Front Yard Setback 5 feet Minimum West Side Yard Setback 10 feet Minimum East Side Yard Setback 10 feet Minimum Rear Yard 50 feet Townhomes - 26.5 feet. Maximum Height (Per current Aspen Central and East Townhomes = 26.5 feet. Carports = 12 feet. Height Definition.) Office/Maintenance building = 30 feet. Pipe Storage building = 16 feet. Min. Distance between Buildings 16 feet Min. Percent of Open Space As shown on final PUD Plan. Townhomes: 5,200 square feet per building x three buildings = 15,600 square feet. Carports = 6,136 square feet Allowable Floor Area (to be measured as Carport storage = 1,594 square feet gross square footage) OfficelMaintenance building. lower level = 13,600 square feet OfficelMaintenance building upper level = 6,800 square feet. Pipe Storage building = 1,210 square feet, Minimum Off-Street Parking Spaces Residential = 28 Commercial, Employee, and Visitor = 7 D' IR Ch I, The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. ACSD Master Plan Staff Comments Page 2 a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed height, floor area, and setbacks that are being established through the PUD are compatible with the existing land uses in the surrounding area. The commercial buildings to the south are permitted to a height of 35 feet and the Sanitation district property is lower in topography than the commercial properties to the south. The maximum height of the town homes will be 32 feet, which is consistent with the City's recently adopted regulations for multi-family structures. The project includes a significant setback from the river corridor and preserves those sensitive lands. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the type of development and density proposed is appropriate and favorable to the character of the area. The residential development is attractive and provides significant private spaces for the residents and a significant amount of open space for both passive and active uses. 3, The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: I DOES IT COMPLY? I YES The proposed number of parking spaces complies with the parking requirements in the Code, One space is provided for each one bedroom unit, two spaces for each two bedroom unit and one of the three bedroom units and three spaces for one of the three bedroom units, for a residential total of 28 spaces. The project also provides 7 spaces for visitors to either the residential units or district offices. Staff believes that the number of off-street parking spaces is appropriate. ACSD Master Plan Staff Comments Page 3 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities, Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: I DOES IT COMPLY? I YES The project site benefits from adequate infrastructure capabilities to serve the proposed development and, therefore, no density reductions are necessary, 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City, d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: I DOES IT COMPLY? 1 YES According to the referral agencies reviewing this project, no density reductions should be implemented based on natural conditions of the site. The project does maintain all development at least 100 feet from the mean high water line. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated, c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. ACSD Master Plan Staff Comments Page 4 STAFF FINDING: I DOES IT COMPLY? I YES Review of the proposal demonstrates that the project will advance affordable housing goals of the AACP; however, there is no request by the applicant to increase the density over what is allowed in the zone district. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: I. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. STAFF FINDING: I DOES IT COMPLY? I YES The river corridor is proposed to be preserved and enhanced with this project. No structures are proposed within 100 feet of the mean high water line and improvements to site drainage and filtering are proposed, 2. Structures have been clustered to appropriately preserve significant open spaces and vistas, STAFF FINDING: I DOES IT COMPLY? I YES The new residential development consists of three four-plex structures and preserves a significant amount of open space within the project. These spaces are programmed as either passive open space and drainage areas as well as active outdoor areas for the enjoyment of the residents, 3, Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. STAFF FINDING: I DOES IT COMPLY? I YES The site and use do not lend themselves to "engaging the vehicular and pedestrian movement." The internal street layout does act as a transition between the residential portion of the site and the business/maintenance activities on the site. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access, STAFF FINDING: Service vehicles provided, I DOES IT COMPLY? I YES will be able to access the buildings with adequate turn-around space 5. Adequate pedestrian and handicapped access is provided. ACSD Masler Plan Staff Comments Page 5 STAFF FINDING: I DOES IT COMPLY? I YES This project will significantly enhance pedestrian access in and around the site. The four- plex buildings provide adequate accessibility to the ground floor units and this meets the ADA requirements. The project architect has had discussions with the City's Building Department on the accessibility requirements for the units above the offices. Denis Murray, the City's Plan Checker, identified two units which will require accessible routes of access and recommended the following language be included in the Ordinance: "Two residential units located above the district offices, as shown in Exhibit A to this Ordinance, shall be developed as "IBOANS! Type B" vertically accessible units. " 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties, STAFF FINDING: I DOES IT COMPLY? I YES The drainage plan has been reviewed by the Community Development Engineer and provides a practical (and preferred) method of addressing drainage. The property's drainage plan is not expected to affect other properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. STAFF FINDING: I DOES IT COMPLY? I YES Programmatic functions include the maintenance and servICmg of sanitation district equipment and the ability to accommodate public access to the office area for doing business. The maintenance area has been designed to the requirements of the Sanitation District and staff assumes that this will accommodate their needs. The office functions have adequate public parking and are appropriately oriented to the primary entrance. D, Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: I. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3, The proposed method of protecting existing vegetation and other landscape features is appropriate. ACSD Master Plan Staff Comments Page 6 STAFF FINDING: I DOES IT COMPLY? I YES The landscape plan provides preservation of significant existing vegetation and implements new complimentary and ornamental species. Riparian vegetation along the river corridor is being preserved. The Parks department has worked closely with the Applicant to ensure that the riparian area is well preserved and to create an appropriate plan for the public good in the "berm" area between the trail and complexes. Staff believes this criterion is met. E, Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources, Architectural character is based upon the suitability of a building tor its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the tinal development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: I. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems, 3, Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance, STAFF FINDING: I DOES IT COMPLY? I YES Staff believes the design suitable for, and indicative of, the intended use and compatible with the visual character of the City. The proposal will integrate the existing building into the proposed new structures through materials and roof treatments. F, Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: I, All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. ACSD Master Plan Staff Comments Page 7 STAFF FINDING: I DOES IT COMPLY? I YES No lighting is proposed along the river-side of the new structures, Lighting is limited to the front facades of the new residential buildings, and along access ways. The applicant intends to comply with the City's lighting code. G, Common Park, Open Space, or Recreation Area, If the proposed development includes a common park, open space, or recreation area for the mutual benetit of all development in the proposed PUD, the following criteria shall be met: I, The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: I DOES IT COMPLY? I YES The proposal includes a significant amount of open, commons spaces that provide visual relief from the structures and amenity for the residents. The PUD plan will be recorded and serve as a legal instrument in protecting the common areas. The owner intends to maintain the commons areas except those directly adjacent to residences, on a case-by-case basis, for gardens, etc. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: I. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. ACSD Master Plan Staff Comments Page 8 STAFF FINDING: I DOES IT COMPLY? I YES The City's referral agencies have reported adequate infrastructure to serve this project. Water lines may need to be upgraded to accommodate fire sprinkler systems. This upgrade will be at the cost of the developer. 1. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: I. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: I DOES IT COMPLY? I YES The proposed development has adequate access to each building, surrounding roads will be needed to accommodate this development, additional trips is minimal. No upgrades to as the number of 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. STAFF FINDING: I DOES IT COMPLY? I YES A new trail along the river corridor will facilitate pedestrian and bicycle access to the trail system, The route is along a commonly used social pathway and will be dedicated as an access easement. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. STAFF FINDING: I DOES IT COMPLY? I YES The 2000 AACP contains no specific recommendations with respect to recreational trails, pedestrian, and bicycle paths, or transportation improvement on the site, The site is adjacent to the Rio Grande Trail and an additional access point is proposed, The City's Parks Department is supportive of this new trail connection. ACSD Master Plan Staff Comments Page 9 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. STAFF FINDING: I DOES IT COMPLY? I YES The proposed development contains internal access ways that permit emergency vehicles to circulate through the development. These will not be dedicated to the public, but will permit adequate access through an easement. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. STAFF FINDING: I DOES IT COMPLY? I YES The proposed development will not have a security gate, but will have improved signage and landscaping at the entryway. Staff believes this is appropriate and preferred, due to the public nature of the project and believes this criterion is met. J. Phasing of Development Plan. (Note: this criteria does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: I. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases trom the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public tacilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: I DOES IT COMPLY? I YES The proposed phasing plan includes the majority of drainage improvement in the first phase along with improvements to the site's access. The District intends to construct the housing as needed based on employee demands, It does not appear that isolating iniIial phase occupants from later phases will be easy on this site, especially considering a desire to maintain the existing residential building until construction of the initial nhase. GMQS EXEMPTIONS: STAFF FINDINGS Section 26,470.070.AA Replacement of demolished multi-family, residential units. Replacement of demolished multi-family residential units shall be subject to the requirements of ACSD Master Plan Staff Comments Page 10 the Housing Replacement Program (See Chapter 26.530), and sections 26.470,070(A)(1) and (2), above. 26,530.050 Housing replacement requirements, A, Minimum replacement reQuirement. In the event of the demolition of resident multi- family housing, the owner shall be required to construct replacement housing consisting of no less than fifty (50) percent of the square footage of net residential area demolished or converted. The replacement housing shall be configured in such a way as to replace fifty (50) percent of the bedrooms that are lost as working resident housing by demolition. A minimum of fifty (50) percent of the replacement housing shall be above natural grade. The replacement housing shall be deed restricted as affordable housing in accordance with the requirements of section 26.530.060, below. B. Location of replacement housinf!. Multi-family replacement units shall be developed on the same site on which demolition has occurred, unless the owner shall demonstrate that replacement of the units on-site would be incompatible with adopted neighborhood plans or would be an inappropriate planning solution due to the site's physical constraints. When either of the above circumstances result, the owner shall replace the maximum number of units on-site which the City Council determines that the site can accommodate and may replace the remaining units off-site, within the Aspen Metropolitan Area. When the owner's housing replacement requirements involves a fraction of a unit, cash in lieu may be provided to meet the fractional requirement only, The amollnt of a cash-in-lieu shall be computed using the formula set forth at Section 26.620,020. C. Timinf! and Qualitv of replacement unit, Replacement units shall be available for occupancy at the same time as the new unit or units, regardless of whether the replacement units are built on-site or off-site, and shall contain fixtures, finish and amenities required by the housing designee's guidelines. When replacement units are proposed to be built off-site, the owner shall be required to obtain a development order approving the off-site development prior to or in conjunction with obtaining a development order approving redevelopment on the site on which demolition is proposed to take place. STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the proposal is in compliance with all of above requirements. The housing to be demolished is a four-unit building consisting of studio apartments. The replacement plan provides significantly more units, bedrooms, and net livable square footage than the requirement and is prooosed to be deed restricted. Section 26.470.070.J. Affordable housing. All affordable housing deed restricted in accordance with the hOllsing guidelines of the City Council and its housing designee shall be exempt. The review of anv request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed ACSD Master Plan Staff Comments Page II development, and the proposed price categories to which the dwelling units are to be deed restricted. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470,040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. STAFF FINDING: I DOES IT COMPLY? I YES The proposed affordable housing units comply with the provisions of APCHA's atfordable housing guidelines, therefore, the requisite criteria would appear to be met. A condition should be implemented that a minimal percentage ownership interest be transferred to the City, or another acceptable means of ensuring permanent affordability. H, Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030, Review is by City Council. This exemption is available provided the following conditions are met: I. Except for housing, development shall be considered an essential public facility if: a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. 2. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. the generation of additional employees, the demand for parking, road and transit services, and ii, the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that: iii. the proposed development has a negligible adverse impact on the City's air, water, land and energy resources, and is visually compatible with surrounding areas. 3. Notwithstanding the criteria as set forth in sub-Sections (1) and (2), above, the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and from such mitigation requirements as it deems appropriate and warranted. STAFF FINDING: I DOES IT COMPLY? I YES The proposed expansion of the maintenance facility qualifies as an essential public facility and the expected impacts are being mitigation, including those related to employee generation, provision of basic services, and adverse impacts on the environment and surrounding properties. Staff believes these criteria are met and that the proposed development should be granted an exemption from growth management. ACSD Master Plan Staff Comments Page] 2 AMENDMENT TO THE OFFICIAL ZONING MAP: STAFF FINDINGS REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A, Whether the proposed amendment is in conflict with any applicable portions of this title. STAFF FINDING: I DOES IT COMPLY'! I YES Staff finds that the proposed zoning application is not in conflict with any portion of Title 26 of the Aspen Municipal Code. The amendment from SPA Overlay to PUD overlay does not change the underlying Public zoning - only the mechanism to approve dimensions of the project. B. Whether the proposed amendment is consistent with all elements ofthe Aspen Area Comprehensive Plan, STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan, Among the policies and goals with which it complies are: providing a development that is a compact, mixed use development that, by virtue of its location, enables travel by foot, bicycle, and public transportation, provides on-site affordable housing, enhances pedestrian corridors, and the reinforces the eclectic mix of design styles within the community to maintain and enhance the character of the community. The project also promotes AACP goals by ensuring the facility is viable over the long-run (AACP action item #53). C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed amendment is compatible with surrounding zone districts and land uses because the underlying Public zone district is not changing, only the zoning overlay which provides a process by which dimensions are determined, The PUD process provides for significantly more neighborhood involvement and is intended to ensure compatibility of new projects with their surroundings. D. The effect of the proposed amendment on traffic generation and road safety, STAFF FINDING: I DOES IT COMPLY? I YES The PUD overlay provides a mechanism to consider the impacts of additional density on road safety, The site has adequate access for the intended level of traffic, Staff does not expect any degradation of road capacity due to this project. The PUD overlay will also allow future amendments to consider this road safety/capacity issue. E, Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the ACSD Master Plan Staff Comments Page 13 capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, STAFF FINDING: I DOES IT COMPLY? I YES The underlying Public zone district is not being amended, only the mechanism to approve dimensions of a project on the parcel. The PUD overlay permits these types of development concerns to be adequately addressed and staff believes the PUD overlay is consistent with this criterion, F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY? I YES The underlying Public zone district is not being amended, only the mechanism to approve dimensions of a project on the parcel. The PUD overlay permits a full review of a development's impacts on the natural environment types of development concerns to be adequately addressed and staff believes the PUD overlay is consistent with this criterion, G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. STAFF FINDING: I DOES IT COMPLY? I YES The character of the immediate surrounding area is a mix of light industrial and service uses to the south and residential to the north, The PUD is a useful land use review tool in addressing the surrounding uses and determining appropriate dimensions and intensity on this property. Staff believes this criterion is met, H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. STAFF FINDING: I DOES IT COMPLY? I YES The ability of public agencies to attract and .retain quality employees depends upon the agency's ability to house those employees. This factor has increased in the past few years. Also, the number of properties serviced by the district has increased and maintaining the level of service requires additional facility, Staff believes that a PUD overlay is an appropriate land use review tool to evaluate how a public agency should develop it facility and believes this criterion is met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. STAFF FINDING: I DOES IT COMPLY? I YES This site has been the used by the district for many years and the inevitable expansion of the facility should go through a heightened review to achieve a compatibility with surrounding properties. This PUD overlay will provide this heightened review. Staff believes this PUD overlay rezoning serves the public interests and is consistent with the purpose of the City's Land Use Code. ACSD Master Plan Staff Comments Page 14 SUBDIVISION: STAFF FINDINGS The Definitions section (26.104.100) of the Land Use Code explains that subdivision approval is required whenever leasehold interests will be transferred. Section 26.480.050 states that a development application for subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan, Among the policies and goals that the project complies with are: providing a development that is a compact, mixed use development that, by virtue of its location, enables travel by foot, bicycle, and public transportation, provides on-site affordable housing, enhances pedestrian corridors, and the reinforces the eclectic mix of design styles within the community to maintain and enhance the character of the community. The project also promotes AACP goals by ensuring the facility is viable over the long-run (AACP action item #53). b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: I DOES IT COMPLY? TYES Staff believes that the proposed expansion of the maintenance facility and the on-site residential units are consistent with the character of the existing land uses in the immediate vicinity. The properties to the south are light industrial and are more intensively used. The properties to the north are low intensity residential uses and this project represents a transition between these two levels of use. Also, the development on the property itself has been arranged as to further this transition, with more intensive operations to the south, residential uses in the middle of the property, and open space to the north end of the property, c. The proposed subdivision shall not adversely affect the future development of surrounding areas. STAFF FINDING: I DOES IT COMPLY? I YES The "subdivision" is to permit the development of multi-family units and is not creating new parcels of land. The development potential of surrounding lands does not depend upon the subject site and staff believes this criterion is met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title, ACSD Master Plan Staff Comments Page 15 STAFF FINDING: I DOES IT COMPLY? I YES The proposed subdivision is in compliance with all applicable requirements of this Title, B. Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snow slide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the parcel is generally suitable for development considering all of the above dangers, expect for areas closest to the river corridor. This area has been preserved in the proposal and no development is occurring within 100 feet of the high water line. No other known natural constraints exist. b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs, STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the proposed subdivision will not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. C. Improvements, The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision, These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: I. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: I DOES IT COMPLY? I YES No variations to the subdivision standards are requested, I I D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program, A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. ACSD Master Plan Staff Comments Page 16 STAFF FINDING: I DOES IT COMPLY? I YES The standards of Chapter 26.530, Replacement Housing Program are applicable as there is replacement housing involved. The applicant complies with all of the requirements of Chapter 26.530. E, School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26,630. Applicability, School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units. An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision. STAFF FINDING: I DOES IT COMPLY? I YES Compliance with the School Land Dedication Standards will be required for the residential dwelling units proposed, The subdivision is not an appropriate location for a new school facility, The applicant will pay cash in lieu of a land dedication, which will be required at time of building permit. ACSD Master Plan Staff Comments Page 17 MEMORANDUM ~k;~rFJ3 m.rtt.\ ~-~ To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: July 14, 2004 Re: DRC Minutes: Aspen Consolidated Sanitation District (ACSD\ Master Plan - Final PUD Attendees: Bruce Mattherly, Sanitation District (applicant) Tom Bracewell, Sanitation District (applicant) Janet Leverson, Cottle, Graybeal, and Yaw Architect Heather Stone, Design Workshop, Inc. Cindy Christiansen, Housing Authority Chris Bendon, Community Development Department Ed VanWalraven, Fire Department Jannette Whitcomb, Environmental Health Nick Adeh, Engineering Department Brian Flynn, Parks Department Dennis Murray, Building Department John Niewoehner, Community Development Department At the July 14, 2004 DRC meeting, the group discussed the ASCD Master Plan Final PUD, The project can be summarized as follows: Brief Proiect Description: A proposal by the Sanitation District for a 15-20 year build out of the District's property iocated off of North Mill between Puppy Smith and the Roaring Fork River. The Master Plan proposes to: (i) expar]d the existing maintenance facilities, (ii) provide a total of 21 affordable 1, 2, and 3 bedroom wiits, (iii) provide additional covered and surface parking, (iv) improve drainage, and (v) plant native vegetation along the river corridor, Proposed Emplovee Housinq: 1 unit - existing 3-bedroom unit above office building 16 units - proposed units in four new buildings 4 units - proposed units located above office buiiding The following summarizes the comments of the DRC committee members: DRC COMMENTS 1. Enqineerinq Department: . State Permits: Because the site is over one acre, the Contractor will need to obtain a State Storm Water Management Permit (for erosion control) and a State Emission Permit (for dust control) at the time of the first building permit application. . Storm Water Manaqement: (i) The City Engineer prefers that the storm water ponds have riprap or pipe outlets and be able to drain completely after each storm event Thus, the ponds should be referred to as 'detention ponds' and not 'retention ponds'. The ponds can be designed similar to Ihose at Truscott The ponds can be designed to accommodate a 5-year storm event so there is no need to design for a 1 OO-year event ASPEN PLANNING & ZONING COMMISSION-Minutes - October 12. 2004 1) CONTINUED PUBLIC HEARING (10/05/04): 1*Whit_ ASPEN CONSOLIDATED SANITATION DISTRICT CONSOLIDATED ~w:,,~ PUDIMASTER PLAN I TL- Jasmine Tygre opened the continued public hearing. David Hoefer noted the hearing was opened and the affidavit of notice was presented at the October 5th hearing. Chris Bendon explained the process of the public hearing for The Master Plan for the Aspen Consolidated Sanitation District Conceptual, Final, Exemptions from the Growth Management Quota System, Subdivision Approval, Special Use Approval, Stream Margin Approval, Amendment to the official Zone District Map and Conditional Use approval. There would be an overview of the project with the phasing over a 20 year build out and at this time the commission would bring forward questions and issues for further study or analysis, which would be continued to October 19th. Bendon noted this was the headquarters for the Aspen Consolidated Sanitation District (ACSD) with the main office location, maintenance facility and affordable housing. There were currently 9 employee units on site. The primary treatment facility is now located below the Aspen Business Center (AABC). Bendon stated the plan was to redevelop 4 of those existing units above the office and demolish the 4-plex building and develop 4 new 4-plex buildings over a phased building period. All of the staff would be housed on this property and there would be 29 covered parking spaces and 14 surface spaces with an additional 8 spaces for customer and employee parking on site. There would be improved drainage along the river riparian area; there was a 20-year build out master plan and ACSD requested a 20-year vested rights period. Bendon stated the conceptual and final PUD was combined and the SPA that was previously used would be changed into a PUD. Bendon stated there was a nice buffer along the river on this beautiful property. Bruce Matherly, the ACSD District Manager, stated that they were the sewer and utility for the City of Aspen and the site was the old treatment center and currently house half of the staff on site; all the units were rentals. The studios were 360 square feet serving the college kids well but down the road these units were too small for long-term use; these units would be re-developed for long-term usage and then they would build out afterward as needed, The modular placed in 1981 needs to be tom down and replaced plus adequate storage also is needed. Heather Stone, Design Workshop, walked through the master plan of the site noting the access point and elimination of the city grid working within the confines ASPEN PLANNING & ZONING COMMISSION-Minutes - October 12.2004 of the master plan. The plan would house close to the entire staff of the district; locating and developing open space for the residences. Stone said they would accommodate the storm water on site. Stone noted currently there was not a product to house employees with families. Stone stated the residential enclave was created so it would not feel like the people were always living in the store; there were several subsets like being able to identify your own front door, having deck space and privacy, which translated into separation of the office functions from the rest of the property thus cutting it into pieces keeping the residential spaces private with communal spaces. There was office space with the traffic circulation and parking elements, residential area with communal open space and private spaces behind the units and a transitional zone that was functional and aesthetic, which was the storm water that serves as an open space area. The garage expansion was for a service bay; the storage for the pipes and building materials was also included. Stone stated that there were physical constraints on this property, which were located below ground such as a water main, structures and high water table therefore the parking had to be located above ground. Stone said that the trail would have signage and there was an area for residents only with covered parking spaces. There were 2 major patterns for circulation; one was the public trail but most remain the same. The Parks & Rec Department was making some changes now but there was an internal sidewalk system, The storm water treatment area will also serve as a trail to the Rio Grande Trail; there were filtered views from the Rio Grande Trail into this property. Bruce Matherly said the phasing would be pretty much happen as needed over the next 20 years as hiring occurred. The units above the office, including the small studios, would be a phase that would get remodeled into larger one-bedroom units for long-term employees with the building of the four-plex to make it happen. Janet from Cottle & Yaw Architects stated the initial concept was to create a small community with a cohesive character beginning with the remodeling of the existing buildings drawing from the architecture in the neighborhood, flat and shed roofs. The scale was broken-up with materials of tin roofs, hardy-board siding and metal siding creating a high degree oflivability and individuality. The views, sunlight, open space and river along with environmentally responsive buildings using reclaimed and recycled materials including solar panels for domestic hot water and solar metal siding, which was a heat collector and fixtures made this project work. ASPEN PLANNING & ZONING COMMISSION-Minutes - October 12.2004 Chris Bendon stated the height was at 30 feet with the townhomes at 32 feet to the midpoint; the surrounding development to the south was SCI Zone District (35 feet) and across the river was residential (25 feet). Brandon Marion asked for the perspective from the Rio Grande Trail. Heather Stone replied that drawing was to scale. Marion asked about phasing the infrastructure. Stone replied there was phasing for the infrastructure to connect as needed. Marion requested information on the overall trail impact; how the trails will connect. Marion asked if the ponds would be maintained and how the buildings would impacts the Rio Grande Trail. Marion also requested more information on the infrastructure phasing. Marion asked about the environmental impacts of building on the site down to the chemicals used on site for the lawns. Jasmine Tygre asked the square footage of each of the 4-unit buildings. Janet replied 5,000 square feet each. No public comments. Steve Skadron asked why the project wasn't more dense. Bruce Matherly responded the employees were surveyed and they did not want anything too dense. Heather Stone replied there was a careful balance between parking and units without being able to go underground; the buildings would be significantly larger if any density were added. Ruth Kruger asked if underground water problems prevented underground parking. Stone replied that was true, the water table was at 3Yz feet. Kruger asked how much was actually used by the public to access the Rio Grande Trail. Stone said there wasn't really public access to the Rio Grande Trail. Kruger asked how this was being paid for. Matherly replied the district was paying for it. Kruger asked what would prohibit speeding up the phasing and renting out some of the units to qualified people prior to the ACSD needs. Matherly answered the attorney general stated that the Sanitation District could only house Sanitation District employees. Matherly said that maybe they could trade housing with the City. Tygre stated the needs were met for the employees with a high quality of life housing that is not always seen with employee housing. MOTION: Ruth Kruger moved to continue the public hearing/or ACSD to October 19th; seconded by Steve Skadron. ALL IN FAVOR, MOTION CARRIED. ASPEN PLANNING & ZONING COMMISSION-Minutes - October 19, 2004 CONTINUED PUBLIC HEARING (10/05/04): ASPEN CONSOLIDATED SANITATION DISTRICT CONSOLIDATED PUDIMASTER PLAN Jasmine Tygre opened the continued public hearing. David Hoefer noted the hearing was opened and the affidavit of notice was presented at a previous hearing. Chris Bendon recapped the last meeting with the questions about the trail. The referral agencies, City Environmental Health and Parks, were satisfied and positive with the proposal at 100 to ISO feet from the river and approved the trail and trailhead. The commission expressed the desire for the San District to partner with other entities so that the units could be developed now; Bendon said he placed this request as a P&Z recommendation to City Council included in Section 11 of the Resolution. Bendon said the issues regarding ADA accessibility would be addressed with 2 units meeting the accessibility requirement. Bendon said the amendments to the resolution would be the heights for the various buildings and the second amendment had to do with the accessibility. Ruth Kruger asked what ICC meant. Heather Stone replied it was probably IBC (International Building Code). Heather Stone utilized drawings to illustrate the view from the trail to this project; there was a planted berm next to the trail. Small swales would be used to gather storm water on the property and move the water back to the treatment area; there would be wetland vegetation area also incorporated into the design. No public comments, MOTION: Ruth Kruger moved to approve Resolution #34, series 2004 granting Conditional Use, Special Review and Stream Margin Review and recommending City Council approve the Conceptual/Final PUD, Subdivision, Rezoning and GMQS exemptions for the Aspen Consolidated Sanitation District Master Plan with the changes in conditions including the amendment to the dimensional chart. Seconded by Jack Johnson. Roll call vote: Johns, yes; Rowland, yes; Marion, no; Johnson, yes; Skadron, no; Kruger, yes; Tygre, yes, Motion Approved 5-2. Discussion of motion: Dylan Johns asked the phasing of the storm water systems. Heather Stone replied that phase 1 would be the existing storm water wet basin incorporated into a series of dry basins; when major additional impervious surfaces are put in the larger wet basin it would be re-configured. ASPEN PLANNING & ZONING COMMISSION-Minutes - October 19,2004 Brandon Marion still voiced concern for the view plane impacts from the trail; the 20-year approval coupled with the height. Marion complimented the design of the project. Chris Bendon stated that the City asked the San District to provide a whole plan to comprehend the project so at the same time the San District wanted some assurances for a period oftime. Bruce Matherly stated that there were only 19 employees in the district at this time and to look at the district 20 years out was difficult to project with the thoughts of housing all of those employees 20 years from now; that was the phasing. Steve Skadron asked what was prioritized during conceptualizing the project. Skadron asked if it was maximizing the space or lifestyle for the employee, which relates to last weeks comments about the density. Skadron said there was an extraordinary amount of property with so much of it black topped and asked why. Heather Stone replied that it was lifestyle, the construct ability and the constraints of the site, which were underground and not apparent to the eye. Stone said the maintenance side of the site exists. Bruce Matherly stated the trucks were the size of fire trucks. Matherly said the units were situated the way that they are so the employees get the feel that they are away from the company and feel the four- plexes would be on the scale similar to Snyder. Ruth Kruger commented the height and density was fine; the San District came to the P&Z as directed by City Council. Kruger stated the project's architecture was out-standing and the project was appropriate for the location. Kruger noted that P&Z lost 3 commissioners because they moved down valley for housing. Jack Johnson said that he was impressed by the quality of the architecture, John Rowland asked about the orientation of all the units in the same direction. Janet replied it was for solar walls and collectors. Rowland commented a very nice place was created. Heather Stone stated the general thesis and goals for this project came from the board to create a spiritual and economic vision for a small residential community built over time to meet the ACSD employee needs and fit within the current vision of the city. Stone said that part of the vision was to create open space, capitalize on maintaining the trail systems, views of the mountains, maintain the overall trail corridor and treat all storm water on site. Rowland urged the applicant to maximize the site. Jasmine Tygre stated that in general it was an excellent project; the additional density would be great but the commission could not mandate that aspect. Tygre said she did not feel this project would impact the Rio Grande Trail and that the 35-foot height was appropriate with the articulation of the buildings. L\'\,b'\\- ,S Rel!ular Meetinl! Asuen Citv Council November 8. 2004 CONSENT CALENDAR Councilman Semrau moved to approve the consent calendar; seconded by Councilwoman Richards. The consent calendar is: . Resolution #113,2004 - Aspen Club Pedestrian Bridge Contract BTE Concrete . Resolution #112, 2004 - Contract Purchase Automated External Defibrillators . Wilderness Workshop Funding Request - $1000 Council Contingency . Minutes - October 25,2004 All in favor, motion carried. FIRST READING OF ORDINANCES . Ordinance #36, 2004 - Chart House GMQS Allocation . Ordinance #37, 2004 - Aspen Consolidated Sanitation District PUD/Master Plan Councilman Semrau moved to read Ordinances #36 and #37, Series of2004; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE NO. 36 (SERIES OF 2004) AN ORDINANCE OF THE CITY OF ASPEN CITY COuNCIL ALLOCATING ELEVEN (11) TOURIST ACCOMODA tIONS GROWTH MANAGEMENT ALLO'f1\.1ltNl'S FOR.:A'tl'MESlIA'RE LODGE TO BE LOCATED At 219 EAST DURANT AVENUE ON LOTS 6-9, BLOCK 3, OF tHE EAMES ADl)ItlONtOtHECITV AND TOWNSITE OF ASPEN, PITKIN COUNtY; COLORADO. ' ORDINANCE NO. 37 (SERIES OF 2004) 4 Relwlar Meetinl! Aspen City Council November 8. 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AFlNALPLANNED UNtT DEVELOPMENT, GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS,SUBDIVISroN; ~AND'AN'Alm;;NfjM'l:Nf TO THE OFFICIAL ZONING MAP FOR THE ASPEN CONSOLIDATED SANITATION DISTRICT MASTER PLAN, LOCATED AT 565 NORTHlVftLL STREET;CI"fVOFASPEN, PITKIN COUNTY, COLORADO. Councilwoman Richards moved to adopt Ordinance #36, Series of 2004, on first reading; seconded by Councilman Semrau. Councilwoman Richards said when she voted for the Chart House at conceptual, she stated she would like to see the mass of the building reduced. The total sum of this building is too much. Councilwoman Richards said she did not mean to infer that a 20% reduction on the top floor would meet her requirement for reducing the building. Roll call vote; Councilmembers Torre, yes; Semrau, yes; Richards, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to adopt Ordinance #37, Series of 2004, seconded by Councilman Semrau. Councilwoman Richards said she was surprised by how large and impactive this project will be both on the Roaring Fork river and on the trail and would like this addressed at the second reading. Roll call vote; Councilmembers Semrau, yes; Richards, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #32. SERIES OF 2004 - lrll1sbruck Irll1 PUD James Lindt, community development department, gave Council a new fiscal impact analysis based on the revised design. Lindt stated Council was concerned about the loss ofbedrooIllS from 33 lodging bedrooms to 22 bedrooms. Council asked the applicants to look at whether they could provide additional bedrooms. The applicants have a revised proposal with 37 lodge bedrooms in 17 units. A full basement was added to the design. The units have been converted from 2 bedroom to 3 bedroom units and each 5 RCf!ular Meetinli! ASllen Citv Council November 22, 2004 Mayor Klanderud opened the public hearing. There were no comments. Mayor Klanderud closed the public hearing. Councilman Semrau moved to adopt Ordinance #36, Series ()f2004, on second reading; seconded by Councilman Torre. Councilwoman Richards staled an a11innative vote on the allocation is not predisposing an att1nnativc vole on Ihe linal project. Councilwoman Richards said she would still like to see what the applicants can do to reduce the overall mass of the building, Councilwoman Richards noted the area where P&Z scored this project the lowest is maintaining design overall, which may relate to people's sense oflhe building being too large for the neighborhood. Roll call VOle; Council members Paulson, no; Richards, yes; Torre, yes; Semrau, yes; Mayor Klanderud, yes. Motion carried. Councilman Torre moved to suspend the rules and extend the meeting to 10 p.m.; seconded by Councilman Semrau. All in favor, with the exception of Councilman Semrau. Motion carried ORDINANCE #37, SERIES OF 2004 Aspen Consolidated Sanitation District PUD/Master Plan Chris Lee, community development department, told Council the ACSD is located at 565 North Mill street. In 1997 the San District requested approval for expansIOn of the property and they were asked by Council to do a master plan for their entire property. Lee said their plan contains ways to take care of the environment in the area and to provide housing for their employees, The San District would like to remodel and expand the existing maintenance facility, 4 existing units above that facility, demolish an existing affordable housing tburplex and construct new affordable housing units. At maximum build out, there will be 21 affordable housing units with 35 bedrooms. These units will be rented to ACSD employees. The applicants propose a 20 year build out. The city will require this be affordable housing in perpetuity. Lee said they have generous setbacks fromlhe river and a great system for dealmg with stOlm water. Bruce Matherly, ACSD, reminded Council the Sanitation District is a special district and a division ofloeal government to handle waste water for the " " RCl.!ular Mectinl.! Aspen Cih' Council Novcmbcr 22, 2064 Aspen metro area. Matherly noted the ACSD operates as a non-protit organization. Matherly said this site is the old treatment facility, whichwas demolished in lhe 1980's and currently serves as district headquarters. This site also hOllses 50% of the employees of the San District. Matherly told Council they rent these units at 75% of the housing guidelines, Their oldest units are 2 studios, 360 square feet, built in 1977. The smallest studio is 326 square feet. The modular fourplex has 2 one-bedroom and 2 two-bedroom uniL'; and was built in the early 1980's, Matherly noted past Councils and past P&Zs told the San District to mastcr plan the site rather than get piecemeal approvals. Matherly said one of the major goals is to replace what is there with something more livable. Matherly told Council they hal'c low turnover and have looked at their needs over a 20 year period. Heather Stone, Design Workshop, showed the location and the context to Ihe conununity, where the existing facilities are located. There are two major sewer lincs constraining the property; therc are several huried struetLlrcs, whieh leaves a smaller area available for development. The second criteria from the San District is to crcate a community with its own idcntity for its residents, yct not make them feel like thev live above the store. Ms. Stone . , told Council adequate storage is import,mtto the reSIdents. Ms, Stolle said 16 units could fit on this site, part ofwhieh will be retained as the residential enclave. There will be covered parking separating the residel1l1al area and the service/mechanical area: the covered parking will include storage. The units will be III fourplexes, The existing affordable housing area above the maintenance bays will be expanded 300 square feel. There will be 5 units in this area. 1\1s. Stone said the access to the San District property w'ill remam thc same, The property on which the Rio Grande trail is located is Sanitation District property: there is an license for this trail. The San District worked WIth the ci vic master plan to fit their master plan Into the larger civic master plan. The desire for a storm water treatment area, which will be on the remaining 25";;, of the site, was a result of those meetings, This will be a combinaIion dry/wet basin area, All runoff from this site will be treated in thcsc basins to at least a 50 year event. This will provide a separation from the Rio Grandc trail and the San District property. That separation currently occurs with a bem1 and a tenee. The applicants propose to remove the berm and the fence and do a stream margin corridor to extend from the riverside to the S<Ul District property. Ms, Stone poimed out some views of Aspen mountam from the Rio Grande trail will be blocked by the new construction. 18 Reeulllr Meetinl! ASDen City Council November 22. 2004 John Cottle, architect, went over the model showing the existing StIllctureS, the structures to the south, the trail and the river. Cottle showed proposed additions to existing structures., the new parking strucmre, The buildings are predominantly flat roofed and they will keep somc of the industrial-type architecure using vertical metal siding and horizontal wood. Cottle noted the main living spaces face south and they all have metal glazing, which will provide heating. The south facing roofs can provide collectors to a solar heating system in the basement. Cottle told Council they are also looking at using a solar wall or metal siding for heat. One of these ..viii be used. COltle noted thi,s is the ultimate live/project work and a model affordable housing project. Mayor KJanderud opened the public hearing, There were no comments. Mayor KI,mderud closed the public hearing. Councilman Scmrau asked if any applicant has ever received vesting for 20 years. Lindt said Council generally grants 3 year vesting with the ability to request a 3 year extension. Councilman Semrau asked about the request to deviate from the residential design standards. Lee said this is a request to be exempt from all residential design standards as part of the PUD. Lindt noted the residential design standards apply to all residential, multi Hmlily included. Lindt said it is difficult for multi-family buildings to meet these standards. Cottle said the applicant did not request this. Councilman Semrau said he would like to know which residential design standards the project will not meet. Councilwoman Richards stated before Council votes on this project, they should conduct a site visit, the applicant should put up story poles for that visit. Councilwoman Riehards said this is a very sensitive area and this is a lot of development very close to the river. Councilwoman Richards said the development should be scaled back sib'l1ificantly. The proportion of the buildings is out of line. Mayor Klanderud said overall she finds this a favorable project. Mayor Klanderud agreed about a site visiL Councilman Semrau agreed Council should see story poles at the corner of the ndge lines on each fourplex and on top of the existing buildmg, Councilwoman Richards said she likes the work proposed with the habitation restoration, Councilwoman Richards said the proposed amollnt of affordable housing may be too much for this area. Councilman Semrau said 19 Regular Mcetine: Aspen Citv Council November 22. 2004 he would like more information on the recommendation of waiving the park dcdicaIion fee. Councilman Semr'.lu said he would like to see the deed restrictions on this housing to see if this policy matches up with other proJect. Councilman Semrau asked if the paving area needs to he as large as proposed. Councilman Semrau moved 10 continue this to January 10,2005; seconded by Councilman TOITc. All in favor, motion carried. Councilman Torre moved to suspend the rules and extend the meeting to II p.m.; seconded by Mayor Klanderud. Mayor Klanderud and Councdman lorrc in favor; Councilmembers Richards and Semrau opposed. Motion NOT carried. Councilwoman Richards moved to suspend the rules and extend the meeting to 10:30 p.m.; seconded by Councilman Torre, All in favor, with the exception of Councilman Semrau. Motion carried. Councilman Paulson left Council Chambers. RESOLUTION #] 18. SERIES OF 2004 - Adoption of2005 Budgct Paul Menter, finance director, presented a budget of expenditurcs for 2005 of$100,373,904 and revenues of$100,373,904. Menter told Council these figures include changes made through budget wrap up last week. These are based on a 2% increase in revenue collections. The budget contains a 30% one-time increase for health insurance, increases in some payroll ranges, 1% across the board payroll increase - the details ofwhieh have not been decided; and an increase in the goals bonus to $1200/year, The services and training budget are increased I %. Revenues arc illustrated by fund and by type. l\;lenter reminded Council there arc several decisions still needed: operating reserve at 45 or 60 days by fund; Jazz Aspen's contribution; 2 grams The Right Door and Colorado Big Country; and Red Brick improvements at 5600,000. Councilwoman Richards said she would like to discuss the grants for Living Arts and the Danee Connection also. Council agrccd on a 60 days operating reserve, Council agreed to fund Jazz Aspen at $25,000. Council agreed to contribution 510,000 to the Right 2n Re2ular Meetin2 Aspen City Council January 10. 2005 PUD amendment, which they assumed would automatically continue after the property is annexed. The homeowners want to add porches. Staff wants to look into this before final adoption, Councilman Semrau moved to continue Ordinance #49, Series of 2004, to January 24, 2005; seconded by Councilman Torre. All in favor, motion carried. ORDINANCE #37. SERIES OF 2004 - Aspen Consolidated Sanitation District Master Plan/SPA Chris Lee, community development department, reminded Council there was a public hearing in November and Council had a site visit in December. The applicants put up story poles so Council could get a better sense of the project. The applicants have made some changes in their proposal and would like feedback before final adoption. Heather Stone, Design Workshop, noted one issue was overall density. One enIire fourplex on the east side was removed and the fourplex in the middle was reduced to a triplex. The project has been reduced 5 units, from 21 to 16 units, Bruce Matherly, ACSD, told Council the existing units are not comfortable for long-term living, they are 326 to 360 square foot studios and are old. Matherly said the ACSD has 18 staff with 14 to 30 years experience. Many of these employees will be retiring. The Sanitation District is looking inIo the future and hopes to be able to use this as a recruiting tool. Ms, Stone said a total of 16 units is still comfortable for the Sanitation District; any less would put the master plan in jeopardy. Ms. Stone said on the trail, they will work with the parks department on the habitat improvement. The plan is to maintain the berm area rather than remove it. Tbe habitat restoration will be in accord with the city's guidelines. Ms. Stone pointcd out that all building footprints and adjacent parking will be moved 20 feet to the south. John Cottle, architect, illustrated on a model the fourplex that will eliminated, and that the height on the others was reduced 3 teet to 34 feet to the 1/3 point. Ms. Stone said when the Council did a site visit, it was determined that the views from the bridge on the Rio Grande trail were very important. The design ehailges reflect that and were made to enhance the view up Independence Pass. Ms. Stone pointed out that the buildings were turned intemal to the site for more of a community feeling. Matherly said they reduced the vesting request from 20 years to 15 years. Matherly said Ihis is a public utility and they spent time and money in this master plan to come up with a site plan. Matherly said it is in the best interest to approve this for 15 years, Councilman Torre asked if there is an implementation schedule. Matherly said the units are built on demand and are used as recruitment in employing people for the ACSD. Matherly said they do need to replace the existing fourplex right away. Matherly told Council ACSD requests an intergovernmental agreement rather than 1/10 of 1% ownership with the city in the units. Matherly said he and the city attorney are working on this and it should be finalized by the next Council meeting. Councilwoman Richards said her concern is that the city gets the bargain they are making for these units and that 7 Rel!:ular Meetinl!: Asoen City Council January 10, 2005 they are not sold and then allowed to go on the free market. Matherly said these uniIs are the Sanitation District's most important asset. Cottle told Council that the architectural design of the town houses meets the intent of the residential design guidelines. These guidelines were written for single- family lots, Cottle said the buildings do have a street oriented entrance and street facing window. Cottle said they comply in almost every category and where they do not, they will request a variance. Councilman Paulson said he is glad they are retaining the berm between this development and the Rio Grande trail. Councilman Paulson said he is still concerned about the view from the trail. Councilman Semrau noted a lot of his questions have been answered. Councilman Semrau acknowledge the ACSD for the encroachment license for the Rio Grande trail. Councilman Semrau said for the next meeting, he would like to see if the 3'd story could be moved from the easternmost building and put on the ground floor. Councilwoman Richards agreed the applicants have been responsive to Council's concerns. The trail is a huge gift to the citizens of Aspen, Councilwoman Richards said she, too, would rather see more footprint than height. The height limit across the river is 28 feet and she would prefer this project comply with that. It seems like this project may pop into the view from across the river, Councilwoman Richards asked about the amount of concrete parking area. Ms, Stone said this has been reduced by 2,000 square feet, which is the limit for the Sanitation District's equipment needs. Matherly told Council he and the design team viewed this project from across the river and it will be almost invisible, Mayor Klanderud commended the ACSD for taking responsibility to build employee housing for their employees, Mayor Klanderud said she was troubled by the building closest to Response park and that building has been removed, The proj ect has been adjusted to respond to concerns about the views from across the river and from the bridge. Mayor Klanderud said she is sorry the project has been reduced from 21 to 16 units; however, she agrees with the changes that have been made. Councilman Semrau moved to continue Ordinance #37, Series of2004, to January 24; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE #39. SERIES OF 2004 - Bar/X Annexation Councilman Semrau moved to continue Ordinance #39 to February 14, 2005; seconded by Councilman Paulson, All in favor, motion carried, ORDINANCE #40. SERIES OF 2004 - AMCORD/ A VL T Annexation Councilman Semrau moved to continue Ordinance #40 to February 14, 2005; seconded by Councilman Paulson, All in favor, motion carried, 8 ,on --'._-"-~'__'._.~__"'_"'_""_'_n'__'__~_"__"'. "..,..._,_..____...~_.__._____ Uv\,'cNr l= ",/ , //~--- ACSD MASTER PLAN ASPEN, COLORADO ASPEN CONSOLlDATEO SANITATION DI8TlUCT ILLUSTRATIVE SITE PLAN m n..Ji ~~... .. DESIGN 'I III I!' . ~ &\-\,'0\ i= :>~. ~~\\.,.'.",-",- \ ~.... \ . \ \ \ \ ' _/"~---~/--' ._\ c , \ ? / _l ACSD MASTER PLAN ASPEN, COLORADO ASPEN CONSOUDATED SANITAnoN DI8TIUCT ~, . _._."~~".~. --~~._._--."_._---_._---_. ....'"-.-......-..- b\\,'o;\- F .~ .-....... .--/ c~ "', ? ACSD MASTER PLAN ....PEN. COLORADO ASPEN CONSOUDAT1!D SANITATION DI8TRICT ILLUSTRATIVE SITE PLAN WO-n D! SIGN 1'1)1 111 II' . . ~ -~~~------~-_.~-:c .----.-......---.-..... Ex\-\,hr F \ \ . , --/---" ~ \ , ; i -' ACSD MASTER PLAN ASPEN, COLORADO ASPEN CONSOUDATED 8ANlTATION DISTRICT ILLUSTRATIVE SITE PLAN W[1.fl Dr SIGN till q' [)(\\'b,t F ~~ ,--....... , I ! \. ^ i ?-:'~ \ : . \\... \\~ \ \, \ \ \. \ tilt'" ~..-____-;:wm;'i"T-;OO;:;~", ~ ~ C/ , ACSD MASTER PLAN ASPEN. COLORADO ASPEN CONSOUDATED 8AHITATION DISTRICT ILLUSTRATIVE SITE PLAN WO-n "" DESIGN I I 11,11' T~ _ ~~ Exh'lb~t- G INTERGOVERNMENTAL AGREEMENT REGARDING EMPLOYEE HOUSING THIS AGREEMENT, made and entered into this day of ,2005, by and between the City of Aspen, a municipal corporation of the County of Pitkin, State of Colorado(hereinafter referred to as the "City"), and the Aspen Consolidated Sanitation District (hereinafter referred to as the "District"), a quasi-municipal corporation of the County of Pitkin, State of Colorado. Recitals A. The City and the District are governmental entities authorized to, pursuant to C.R,S. S 29-1-203, to cooperate concerning provisions of public employee housing for the employees of the District. B. The District has applied to the City for approval of its proposed future employee housing plan. C. The City desires that the District continue its course of action regarding compliance with rent control guidelines of the Aspen/Pitkin Housing Authority. D, The District desires to cooperate with the City as part of its planning approval to maintain rental rates for its employees within the above-referenced guidelines and plan for future contingencies. NOW, THEREFORE, in consideration ofthese premises and the promises of each set forth below, it is AGREED: I. The District covenants that rental rates charged to its employees for housing provided by the District shall remain within guidelines established by the AspenlPitkin Housing Authority, for so long as the District receives and maintains an approved, vested plan for future employee housing, as adopted by the City through Municipal Ordinance No, 2, In the event the District, through a change in circumstance or as a result of imposition of changes to State or federal regulations determines to sell, transfer or convey the real property covered by the vested plan for future employee housing; then, as part of such sale or transfer, the District shall reserve unto itself from such sale, an undivided one-tenth of one percent interest in and to any portion of the property which is to be maintained as public employee housing, Following closing upon the sale of such property, the District shall convey to the Aspen/Pitkin Housing Authority said one-tenth of one percent interest in and to such employee housing for purposes of maintaining rent control for all public employee rental units conveyed, for which said interest was reasonably reserved. 3. If sale ofthe District property results in changes of use by the purchaserrequiring use or planning approval by the City, the purchaser shall have the option of using existing employee housing, including the one-tenth of one percent interest retained by the District, as a credit toward employee housing requirements of the City; provided nothing herein shall limit the City imposing reasonable employee housing requirements as part of any rezoning or change of use approval. 4. The term of this Agreement shall run co-terminously with the period of vesting of the City's planning approval of the District's project, which is the subject matter of this Agreement or until the property sold by the District. Executed on the date first above-written. ASPEN CONSOLIDATED SANITATION DISTRICT: By: CITY OF ASPEN By: MEMORANDUM VIII b TO: Mayor Klanderud and City Council THRU: Chris Bendon, Community Development Director~ FROM: James Lindt, Planner~ RE: Second Reading of Ordinance No.3, Series of 2005- Rezoning of 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District- Public Hearinl!: DATE: February 14, 2005 ApPLICANT /OWNER: Dale Hower LOCATION: 1201 Riverside Drive PARCEL ID NUMBER: 2737-181-00-024 CURRENT ZONING: R-15 (Moderate-Density Residential) zone district. PROPOSED ZONING: R-6 (Medium-Density Residential) zone district. SUMMARY: The Applicant requests to rezone the property located at 1201 Riverside Drive from the R-15 zone district to the R-6 zone district in order to construct two (2) detached residential dwelling units rather than a single-family residence on the subject property. ApPROVED AND CURRENT LAND USE: 1201 Riverside Drive currently contains a single-family residence that is zoned R-15 (Moderate-Density Residential). STAFF RECOMMENDA nON: Approval SUMMARY: The Applicant is requesting to rezone 1201 Riverside Drive (see Exhibit "B" for vicinity map) from the R-15 (Moderate-Density Residential) zone district to the R-6 (Medium- Density Residential) zone district in order to construct two (2) detached residential structures as is allowed in the R-6 zone district pursuant to Land Use Code Section 26.710,050, R-6 (Medium-Density Residential) Zone District, The zoning map originally showed the property as being zoned R-6, and the Applicant designed two (2) detached residential dwelling units for the property and applied for a building permit. However, during the building permit review process for the property, a neighbor contested the zoning of the subject parcel contending that the zoning map was in error and that the property was really zoned R-15. Subsequently, the Community Development Director issued a land use code interpretation that established that a property has to be rezoned by ordinance regardless of what the official zone district map indicates, in order for a rezoning to be considered legal. The Applicant appealed this interpretation to City Council and City Council upheld the interpretation of the Community Development Director. After the appeal concluded, the Applicant filed a lawsuit against the City and an agreement was reached in which the Applicant was directed to tile a rezoning application to rezone the property to the R-6 zone district. REVIEW PROCEDURE Rezoning (Two Step Review). City Council may approve or deny an application for rezoning, after considering a recommendation from the Planning and Zoning Commission, a recommendation from the Community Development Director, and after considering public comment. STAFF COMMENTS: Rezoning: The subject property abuts land to the south that is zoned R-15 and land to the north that is zoned R-6 (please see zoning map attached as Exhibit "C"). That being the case, Staff does not believe that the proposed rezoning application would be considered "spot zoning" , which is discouraged as a method of fundamental planning. Additionally, a large portion of the subject property was not located in the original Riverside Subdivision (please see Exhibit "E" for map identifying the portion of the property that was located in the original Riverside Subdivision), which is the subdivision located to the south of the property and is zoned R-15 in its entirety, Thus, Staff does not believe that the property has a significant historical relationship with the properties in the R-15 zoned Riverside Subdivision in terms of lot layout and characteristics. In comparing the allowable development rights between the existing and proposed zoning, Staff believes that the proposal to rezone the property will actually reduce the allowable floor area ratio (FAR) that can be constructed on the site. Under the existing R-15 zone district requirements, the Applicant could only build a single-family residence and it would be allowed a total FAR of about 4,440 square feet. Under the proposed R-6 zoning, the Applicant would have the ability to construct two (2) detached single-family residential units or a duplex with a total combined allowable FAR of about 4,390 square feet. Staff also feels that allowing for two (2) smaller residences to be constructed on the property instead of one large residence will likely reduce the apparent mass of structures on the site, Additionally, the property is currently non-conforming in relation to its lot size in that the property is only 14,179 square feet and the existing R-15 zoning has a minimum lot size of 15,000 square feet. The proposed rezoning would bring the lot into zoning conformance with respect to its lot size. Moreover, the proposed rezoning would not create any zoning non-conformity in relation to the existing single-family residence on the property. TRAFFIC GENERATION: Staff does believe that the development potential of the property after the proposed rezoning could allow for development that would increase the amount of traffic on Riverside Drive given that the proposed zoning would allow the Applicant to construct one more residential unit than would be allowed under the existing zoning. However, Staff believes that the amount of additional traffic provided by the one additional unit allowed under the proposed zoning would be minimal. 2 STAFF RECOMMENDATION: Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone District Map, to approve an amendment to the official zone district map. Staff recommends that City Council rezone the property at 1201 Riverside Drive to the R-6 zone district. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the rezoning request and unanimously recommended that City Council rezone the property at 1201 Riverside Drive to the R-6 zone district. The Planning and Zoning Commission's resolution is attached as Exhibit "E" and the minutes from their discussion regarding this item are attached as Exhibit "F". CITY MANAGER'S aMENTS: ~~~ d--,(f'~L ~ . RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No.3, Series of 2005, rezoning the property located at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, from the R-15 Zone District to the R-6 Zone District." Attachments: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Vicinity Map Exhibit C -- Current Zoning Map Exhibit D -- Map Indicating Subdivision Makeup of Property Exhibit E -- Planning and Zoning Commission Resolution Exhibit F -- Planning and Zoning Commission Minutes 3 ORDIANANCE NO.3 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT, LOTS 6-9 AND A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcellD: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (moderate-density residential) zone district to the R-6 (medium-density residential) zone district; and, WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No, 19, Series of2004, by a seven to zero (7-0) vote, recommending that City Council rezone the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on February 14, 2005, the Aspen City Council approved Ordinance No.3, Series of 2005, rezoning the property at 1201 Riverside Drive to the R-6 (medium-density residential) zone district; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26,310, Amendments to the Land Use Code and Official Zone District Map, City Council hereby rezones the property located at 1201 Riverside Drive to the R-6 (medium-density residential) zone district. 4 Section 2.- This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on the ordinance was held on the 14th day of February, 2005, 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 10th day of January, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 14th day of February, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney 5 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM THE R-15 (MODERATE-DENSITY RESIDENTIAL) ZONE DISTRICT TO THE R-6 (MEDIUM-DENSITY RESIDENTIAL) ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions ofthis title. Staff Finding Staff does not feel that the proposed rezoning application is in conflict with any portion of the Land Use Code. Actually, the proposed rezoning will allow for the subject parcel to be brought into conformance with zoning in relation to its minimum lot size. In addition, the proposed rezoning application will not create any zoning non-conformities with respect to the existing residence. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff believes that the proposed rezoning application is consistent with the Aspen Area Community Plan. The future land use map that is included in the AACP envisions this site a residential property, by which the proposed rezoning is consistent. Additionally, Staff feels that the proposed rezoning would allow for the possibility of having two (2) smaller residences on the property as opposed to one large residence, which would likely break up the apparent mass of structures on the site as is encouraged by the residential design standards that are included in the land use code. Staff finds this criterion to be met C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The subject property abuts land that is zoned both R-6 and R-15, so the proposed rezoning application would not create spot zoning. Additionally, the allowable FAR for the site would be similar regardless of whether the property is rezoned or not as was detailed in the staff memo. The allowed uses under both the existing and proposed zoning are similar in that they both are primarily intended for the development of single-family and duplex residential development. Staff finds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. 6 Staff Finding Staff does not believe that the proposed rezoning will have a significant effect on traffic generation or road safety because the proposed rezoning would at most add one additional allowed residential unit to the property. Staff finds this criterion to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding Staff does not feel that there will be an increase in the demand for public facilities as a result of the proposed rezoning request. Staff finds this criterion to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding Staff does not believe that the proposed rezoning application would result in significant adverse impacts on the environment. Staff finds this criterion to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding Staff believes that the proposed rezoning application is consistent with the community and neighborhood character of the area in that the new zoning would only allow for detached single-family or duplex residential dwelling units as is consistent with the predominant uses in the area. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding Staff has not identified any changed conditions in the neighborhood that would support the proposed amendment; however, the proposed rezoning would correct the existing non- conformity in relation to the property's lot size. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff believes that the proposed rezoning application would not be in conflict with the purpose and intent of the land use code or the public interest. In fact, the proposed rezoning application would bring the subject parcel into complete zoning compliance. 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I .. z ~ . _ 0'''' ~~~H;:t~ ~H:;:~~~~ ~ -, - i ~ '" "!!tt!! ~~gf; B , --.,J I' ~< r....~ is = b r (/1 C JJ tt1 .:, "..(.,-.,' qhlkJif IEI/ P98 RESOLUTION NO. 19 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING At'ID ZONING COMlVIISSION RECOMMENDING THAT CITY COUNCIL REZONE 1201 RIVERSIDE DRIVE TO THE R-6 (MEDIUM-DENSITY) ZONE DISTRICT, LOTS 6-9 At'{D A PORTION OF THE ALLEY, BLOCK 24, RIVERSIDE ADDITION TO THE CITY OF ASPEN, PITlaN COUNTY, COLORADO. Parcel 1D: 2737-181-00-024 WHEREAS, the Community Development Department received an application from Dale Hower, requesting to rezone 1201 Riverside Drive from the R-15 (Moderate- Density Residential) Zone District to the R-6 (Medium-Density Residential) Zone District; and, 'WHEREAS, upon review of the application, the applicable code standards, the Community Development Department recommended approval for the proposed rezoning application; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and , considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, during a duly noticed public hearing on May 18,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 1,2004; and, WHEREAS, during a duly noticed public hearing on June 1,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to June 15,2004; and, WHEREAS, during a duly noticed public hearing on June 15,2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to July 6, 2004; and, WHEREAS, during a duly noticed public hearing on July 6, 2004, the Planning , and Zoning Commission opened and continued the review of the rezoning request to August 17, 2004; and, WHEREAS, during a duly noticed public hearing on Atlgust 17; 2004, the Planning and Zoning, Commission opened and continued the review of the rezoning request to October 19,2004; and, WHEREAS, during a duly noticed public hearing on October 19, 2004, the Planning and Zoning Commission oper:e~ and continued the review of the rezoning request to November 16,2004; and, WHEREAS, during a duly noticed public hearing on November 16, 2004, the Planning and Zoning Commission opened and continued the review of the rezoning request to December 7, 2004; and, P99 WHEREAS, during a duly noticed public hearing on December 7, 2004, the Planning and Zoning Commission approved Resolution No. 19, Series of 2004, by a seven to zero (7-0) vote, recommending that City Council rezone120l Riverside Drive to the R -6 Zone District; and, WHEREAS, the Planning and Zoning Commission fmds that the development proposal meets or exceeds all applicable development standards and that the approval of the ' development proposal is consistent with the goals and elements of the Aspen Area Coriununity Plan; and, WHEREAS, the Planning and Zoning Commission fmds that this resolution fmthersand is necessary for the promotion of public health, safety, and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Land Use Section 26.310, Amendments' to the Land Use Code and Official Zone District Map, the Planning and Zoning Commission hereby recommends that City Council approve the application to rezone 1201 Riverside Drive to the R-6 (Medium-Density Residential) Zone District. Section 2: All material representations and commitments made by the applicant pursuant to the, development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as iffully set forth herein, unless amended by an authorized entity. Section 3: 11us resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be 'conducted and concluded tmder such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or tmconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on tius 7th day of December, 2004, PlOD APPROVED AS TO FORM: COMMISSION: City Attorney ATTEST: Jackie Lothian, Deputy City Clerk PLANNING A~l) ZONING Jasmine Tygre, Chair I, ASPEN PLANNING & ZONING COMMISSION Minutes - December 07, 2004 Tygre stated that she would abstain from voting on this resolution and suggested the code amendment be taken out of the resolution; she said it would be a lot cleaner and future applications development rights would be addressed separately. Hoefer stated that through the public notice process this code amendment was part of the project but in the future the code amendments should be separate and prior to the project application. GhJkJ/f I\FII MOTION: Brandon Marion moved to approve Resolution #33 and recommend City Council approve Fox Crossing and the associated Land Use Amendments with the addition of the solidification of the trail through the park; seconded by Jack Johnson. Roll call vote: Kruger, yes; Rowland, yes; Johns, yes; Johnson, yes; Marion, yes; Tygre, abstain. Motion carried 5-0. CONTINUED PUBLIC HEARING (11/16): 1201 RIVERSIDE DRIVE REZONING Jasmine Tygre opened the public hearing for the rezoning of 1201 Riverside Drive. David Hoefer stated this was a continued public hearing and notice had been provided on November 16th. James Lindt explained that Dale Hower submitted this application to rezone the property at 1201 Riverside Drive from R-15 to R-6; P&Z is the recommending body to City Council on this action. Lindt provided the history of the property; the applicant designed 2 residences for this property based on the R-6 Zone District (because the zoning map had shown this property was in the R-6 zone district in 1990). Lindt said the zoning map was in error because the property was actually zoned R-15; the applicant then sued the city. There was an agreement to rezone the property; two smaller houses would probably be built on this site rather than one large single-family house. The rezoning would remove the non-conforming status and all the property to the north was zoned R-6. Staff recommended approval. Dylan Johns asked if the net effect allows for a duplex but reduces FAR. Lindt replied that is correct. Jack Johnson asked if this was the only non-conforming R-1510t in that subdivision. Lindt replied that it was not. No public comments. Brandon Marion asked ifthere would be an access problem if it were a duplex rather than a single-family. Lindt replied that it was offthe culd-de-sac and the 6 ASPEN PLANNING & ZONING COMMISSION Minutes - December 07. 2004 agreement with the neighbor was not to share a drive any longer, so the access was split off. MOTION: Ruth Kruger moved to approve Resolution #19 recommending City Council approve the proposed rezoning application to allow for the property at 1201 Riverside Drive, Lots 6-9, and a portion of the alley, Block 24, Riverside Addition to the City and Townsite of Aspen, to be rezoned from R-15 Zone District to R-6 Zone District. Seconded by Dylan Johns. Roll call vote: Marion, yes; Skadron, yes; Johnson, yes; Johns, yes; Rowland, yes; Tygre, yes; Kruger, yes. Motion carried 7-0. PUBLIC HEARING: LITTLE AJAX CONSOLIDATED CONCEPTUAL/FINAL SPA AND ASSOCIATED LAND USE REQUESTS Jasmine Tygre opened the public hearing for the Little Ajax. David Hoefer stated that the notice was provided but it was lacking the mailing list. Joe Wells would provide the City Clerk's Office the mailing list on December 08'11. James Lindt stated the application was submitted by Burton Kaplan and Peter Gluck for the approval of a consolidated PUD, Subdivision and Rezoning as well as several other associated land use requests to construct 16 affordable housing units on Lots 1 and 2 of the Little Ajax Subdivision. P&Z was the recommending body. Lindt said this was Phase 2 of a two-phase development proposal that was established through a pre-annexation agreement, which the applicant entered into with the city. Phase 1 was 3 single-family lots adjacent to Hopkins Avenue at the base of Shadow Mountain. Lindt described the site with the aid of a map showing the 3-lot subdivision; a Conservation Easement was purchased for Lot 3 and allows the Midland Trail to extend across for public recreation. The proposed development was on Lots 1 and 2 with 16 affordable housing units in a horseshoe configuration including 15 3- bedrooms and 1 2-bedroom, category 4, sale units with 25 parking spaces tucked under the building with storage units. The elevation drawing showed a two-story front off of West Hopkins; the back Yz of the building was 3 stories with a proposed maximum height of35 feet (measured from the interior courtyard). The total FAR was.9 4 to 1. Staff believed the use was compatible with the neighborhood; it fits into the mix of uses and the dimensional requirements were consistent with other buildings in the neighborhood. The parking ratio was 1.56 per unit with proposed auto disincentives. Lindt said the park impact fees must be decided by P&Z and City Council. The applicant believes this fee should be waived because of the conservation easement 7 VI\Id .. lYIem.o:ra.:n..d~ !1Ie OilY ofllsllell 1lI1Y IIlIorll8f~ 8lIlce TO: Mayor and Members of Council FROM: John P. Worcester DATE: February 14, 2005 Bar/X Ranch Annexation - Ordinance NO.~, Series of 2004 - Second Reading and Public Hearing RE: Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the Bar/X Ranch Property to the City of Aspen. This matter is before you on Second Reading and Public Hearing, The petition for annexation was filed with the City Clerk on September 22, 2004. On October 12, 2004, City Council adopted a resolution finding substantial compliance with Section 31-12- 107(1), C.R.S, A public hearing was held on November 22, 2004, at which time Council determined that the proposed annexation was in compliance with ~~ 31-12-104 and 31-12-105, c.R.S. City staff will be present at the public hearing and second reading of the proposed ordinance 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. 39, Series of 2004, CITY MANAGER'S C~MENTS: ~~ '??J~' 1 ORDINANCE NO..3<) (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "BARlX RANCH" ANNEXATION, WHEREAS, on September 22, 2004, one hundred percent of the owners of the property proposed to be annexed did file 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 Attorney'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 99, Series of 2004) at its regular meeting on October 12, 2004, 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 U2, Series of 2004) at its regular meeting on November 22, 2004, did find and determine, following a public hearing, 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 .. Bar/X Ranch", 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 is hereby 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. 2 A public hearing on the ordinance shall be held on the _ day of in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ,2004, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2004. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this ,2004. day of Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 11/lS/2004-636-G:\john\word\ords\Bar-X-Annexation.doc 3 THE CITY OF ASPEN Memorandtnn To: Mayor and City Council Through: Steve Barwick, City Manager From: Paul Menter, Director of Finance and Administrative Servi Scott Newman, CF A, Senior Financial Analyst - Debt d Investment Management 2/10/2005 Date: Cc: Department Directors Re: Burlingame Fiscal Impact Analysis Summary: Finance Staff has compiled the estimated financial impacts ofthe proposed Bar/X - Burlingame Affordable Housing development (the development) to individual City funds. Based upon departmental estimates, the development will result in an annual cost increase of $409,272, for ongoing operations at build out, excluding expanded transportation service to the development and other areas. These costs will be offset by projected annual revenues of $601,877. Initial one time capital costs are estimated to be $711,460, excluding transportation, and will be offset by projected one-time revenues of $1,101,360. All revenue and expenditure amounts are estimated at build out of the project and are presented in current year dollars. Attachment A provides complete information regarding these estimated impacts. A detailed transportation plan is attached. The recommended transit and mobility plan for the first phase of Burlingame Village would also significantly improve transit service along the under-served Highway 82 corridor on the west side of town. The estimated annual operating cost ofthe recommended plan would be $508,196 and estimated annualized capital replacement costs would be $96,400. The total cost per year for the recommended transportation plan is $604,596. Staff recommends that this annual amount be funded through 2009 by a one-time contribution of$2 million from the Housing Development Fund. The Burlingame Project Development Team is planning the Village to physically accommodate whatever level of transit service is provided. Four bus stops will be provided in Phase I to maximize residents' convenience. Road widths and turning radii are sufficient February 10, 2005 for transit vehicles of all sizes from vans to motor coaches. Initial one time capital costs, associated with providing transportation service to the development and other areas are estimated to be $1.14 million, plus the $200,000 included in the project pro forma for the developer to provide the bus stops and shelters. The attached Transportation Department memo provides complete information regarding these estimated impacts. Finance Staff has not estimated any potential increases to transportation revenues pending the discussion of the associated larger policy issues. Background: At the October 25, 2004 meeting, Aspen City Council chose a design submitted by Shaw Construction for the proposed Bar/X - Burlingame Affordable Housing development. Shaw Construction will be the general contractor for this project. Phase I construction is scheduled to begin in 2005. The development plan calls for 196 units to be built in three phases over the coming years. Methodology: Community Development and Finance Staff facilitated a meeting of City Department heads to request information on how the proposed Bar/X - Burlingame Affordable Housing development would affect their departments. Finance Staff met with all departments, analyzed all requests and compiled the final estimates summarized in Attachment A. Discussion: . General Fund: General Fund Departments estimate the development will increase General Fund expenditures by $179,296 annually. This will be offset by an increase in revenues of$221,032 annually, The majority of the annual increase in operating costs will come from the Streets and Police Departments. The Streets Department has analyzed its plowing operations, has creatively redesigned its plowing routes and is requesting only additional equipment. Estimated call volume justifies an increase of 0.6 of an additional police officer based upon existing workload and Police Department service capacity, General Fund requests are summarized on page 2 of Attachment A. One time General Fund capital costs of $230,000 are projected for Street Department vehicles, as estimated by departmental staff. The development plan includes approximately $350,000 in permitting and other fees payable to the Community Development Department. These revenues are not incorporated into the attached fiscal analysis. These fees constitute one time revenues to the General Fund that will offset all associated plan review and inspection costs, which are also excluded from the attached fiscal analysis. Page 2 of Attachment A provides more detail regarding projected General Fund fiscal impacts. . Parks and Open Space Fund: Parks Staff estimates the development will require an increase in Parks and Open Space Fund expenditures of$54,965 annually. The majority of this increase is due to trail maintenance and plowing, administration and depreciation. Offsetting revenues of $49,895 from increased sales taxes are projected. Additional detail can be found on page 3 of Attachment A. 2 February 10, 2005 One time Parks and Open Space Fund capital costs of$51,000 will be necessary to increase the Parks fleet of vehicles and provide for other capital items, as estimated by departmental staff. Additional detail can be found on page 3 of Attachment A. There is no corresponding revenue offset for parks capital development as related to this development. The parks impact fee has been paid through the donation of land to be preserved as open space. . Wheeler Opera House Fund: Finance Staff anticipates that the development will have no effect on Wheeler Opera House operating expenditures. However, the associated property transfers will have the effect of increasing collections of the Wheeler's portion of the Real Estate Transfer Tax by $130,000 through build out, and $39,286 in annual collections thereafter (assuming 13%, or l/7th unit turnover annually), . Lodging Tax Fund: Finance Staff anticipates no financial impact to the fund. . Parking Improvement Fund: Sales tax revenue of$8,316 is projected. There is no anticipated expenditure impact to the fund. . Housiug Development Fund: The Housing Development Fund will pay for the development. The net cost to the fund will be dependent upon final Council decisions regarding amenities, construction costs and the final sales category levels applied to constructed units. Currently the subsidy associated with this project is broadly estimated at $7 million. Estimated increases in annual sales tax revenue total $8,233 at build out. The HRETT is not applicable to the affordable housing aspect ofthis development. The HRETT associated with the lot sales and free market home sales are estimated to be $250,900, initially and $35,843, annually at build out, assuming 13%, or 1/7th unit turnover annually). Additional detail can be found on page 7 of Attachment A. . Day Care Fund: Daycare Staff anticipates an increase in demand for services and funding and that additional revenue should offset any additional expenditures. Estimated increases in annual sales tax revenue totals $6,736 at build out. . Water Utility Fund: Utility Department Staff estimates that providing service to the development will increase Water Utility Fund expenditures by $160,161 annually (including depreciation). Water sales and charges will offset these additional expenditures by $149,680, annually. Additional detail can be found on page 5 of Attachment A Utility Department Staff estimates capital spending for infrastructure will be $430,460 in year one and will be offset by tap fees. Additional detail can be found on page 5 of Attachment A . Electric Utility Fund: Utility Department Staff indicate that it is premature to estimate electric revenues and expenditures, at this time. Revenue and expenditure 3 February 10, 2005 estimates could vary by as much as 50% depending on the final design of the system, which has yet to be determined. Utility Department Staff is very confident that electric revenues will offset expenditures necessary for providing service to the development. . Housing Administration Fund: Housing Administration recently added a new position. This position will be responsible for the application and sales processes associated with the development and all future service increases associated with this project. It is estimated that these duties will represent one-third ofthis position's workload and the associated cost will be $14,850, annually. These costs will be offset by revenues from purchase applications, application fees and other related fee services estimated to initially be $290,000 at build out and $82,857 annually (assuming a 2% sales fee and 13% unit turnover annually), thereafter. Additional detail can be found on page 6 of Attachment A. In total, with the exception of the transportation services challenges noted above, this fiscal analysis projects that the service levels and cost increases associated with serving the new Burlingame subdivision can be absorbed in the City's long range financial plans for each impacted fund. 4 Attachment A City of Aspen __~AR,)(f Burlill9.a..me Annexation ---------1 E't1~;t:;I::nu:,ina::~:;~:~:;:~r REVENUE: Amount Annual Amount I -.-- -- NOTES Asset Management Plan Total Estimated Revenue Impacts General Fund: $ _C:... $__ " .L . _~o!~!?act - ,-- .- Total Estimated Revenue Imoacts Parks and Open Space Fund Total Estimated Revenue Impacts . . 221,03? Property Tax,Population Based Fees~UtiilCATV ..-- Franchise Fees, Permit Fees, DeveloJ!'!!!'!~fees -- 1.5% SalBS Tax-for-Part<s'and-open Space---- .._- -- --- --- 49.895 Y\'1l~ler_ o.~~~IIJ':~~~_~l!fLJ!l_~__ ___ IC!tal, ,E~,ti~~~e(U~~I{~!J_~_I!!lP~0S .------.-- Lodalna Tax fund Total Estimated Revenue Impacts Parking Improvement Fund Total Estimated Revenue Impacts I Housing Development Fund Total Estimated R~y_e!lue J_I!lP~~~__ ~!lY. Ca_re Fund Total Estimated Revenue Impacts Water Utilitv Fund Total Estimated Revenue I_rn~a~~_. _-. __. ,,_ I=-, . -,., .. ~~~~I.~ Ut~J!!Y.f~!!~___ . , , 130,000 39,286 REIT No Impact _.~_~_~~,316 0.25% Sales Tax for Parking Str_uc_~ur~ !--_n , ,..:::.::..cc, -- 250,900 " 44,076 .._-,,,---,- Sales tax I REf! ~.~F~e.l! ~a~_~et~___, ........_ ,..-..- 6,736 "---0'.45-;. Sales Tax for Day Care (45-;.) 4:30,46q 1'49~680 Tap fees, Water ~~les:.~~~:.:E_~._::=:..__ ..- Tg~1 Estimated Revenue Impacts , , Transportation Im~~ment F!I~_ Tot~~~imated Revenue lmoacts , , ~uslna.Admlnistratlon Total Estimated Revenue Impacts 290,000 82,857 TOTAL REVENUES: $ 1,101,360 $ 601,877 Utility Staff anticipates revenues to offset expenditures ........ .....", ..- ",..---..,-- __ ~Addr~sli~,~epl1_~I1_!~!Y____ _ _ ..._ .._,...... ... ".---..-- Administrative .-- . EXPENOITURES A~~t ~~r:'a,9.e.!!l~ntF:un(L une lme Estimated Annual Amount $ Ongoing Estim. Annual Amount $ NOTES No Impact personnei, eq'l.iipmen"tand'depieciatlon spread -ihrougll GF Departments GENERAL FUND ALL DEPARTMEN 230,000 1..?!J~~~_ Parks and Ooen $oace Fund W~~I~.r O~ra House Fund L_~9gil).g. T~J:<fl,l[1d -------.--.- Parking Improvement Fund ~De~~~~~i~~~d- - 51,000 --- .':.-.-:-'~:- - -. 'T'ra'iIPlowing and Maintenance, Administration, Vehicles 54,965 and Playing Field No Imea~ No Impact Day Care Fund 1 I .----...--,--... t I , ! No Impact _~~!rTIP!'_~~_ _ ..", ....,.."'.....--".. -- .._".,- Water Utility _430,~0 Daycare Staff anticipates revenues to offset expenditures Administration, Hydrant Maintenance, Treatment and Supply, Billing; Tiehack, AABC, and BarlX to Burlingame Village Connections, highway 82 Crossing and Rio Grande Well. ~6Q,.~~1_ __ ElectricUtilitv Utility Staff anticipates revenues to offset expenditures Addressed Separately Tr~n_lSPP~~!lf~!l<<L__________l-___-=- ,-~---- Housina Administration I--__~~..___,_._._~_.-=---._ _. rrrruNDS TOTAL EXPENDITURES'1-'- n. 'i" ,460' '$ I ___1~.&~ _._ 409,272 Administration . ..- - Annual Over/(Short): $ 389,900 i $ 192,605 Page 1 f- CITY OF ASPEN -.....-----..-...----- -- r-----===~__ ,. . ._~-_._-- ----,-- .. ,--_. .- ------- .- -- ANNEXATION IMPACT ANALYSIS - ---- ------ - ---- '[--T' T=-=--==-_____ I-- .. -------- -- ------- - ------- "BAR X/Burlingame Annexation .. . .- - ... .'====E::_.".. .,... - -- Fund: .. General Fund .. -_..--- Multiple E!~'partments - ------ Department: - '__'~"'_"_____'_'_ .u ...._.~----- , --- . -1 Ongoing'Annual ------ - Descriotion One Time Amount Amount Justification/Basis Revenues --_. I ---- . Per Estimated AssessecfValue', Curre~ ~perty Tax $ . $ 69.312 Rate .-. UtijjiieSicable Franchise Fees Finance , 58,285 - Estimated 1 % increase in Retail Sales -" I 52,(j00 County-wide . J-- , Clerk . 3.997 Population based Increases - .. 32,438 Population based Increases Streets - .- . ass, program--sales, etc. . - ARC . 5,000 ~~~X~!lIJ_~ Imp~cts $ - $ ,,221,032 u____ .. _n'___ -, EXDenditures ...,,-- n_'_ .........--- ~,' --' -.--- --.--- Police , 'c' 49.964 .6FTE Streets 230,000 56,766 Additional Equipment!_~~~~~'"!1~_~tenance Other Departments , 72.566 !<>.tal Expenditure Impacts: $ 230,000 $ 179.296 ---- .-.--- -------- .. ---- " '" I Page 2 CITY OF ASPEN . f.. ------------ ---- I .=-.....J___ 1 ---- - _ - -- f---. ANNEXATION IMPACT ANALYSIS - - ----- -----..----- I -=::::'L.. I ----- -- - ------- --'- .. .."BAR X/~~~~ Annexation ____non_unO. 1-. -- - - ____on" __.....___ - n_' ---------------- Fund: Parks and Open Sp~_ce - -..--- n Department: ___ ___ _____ Parks J?epartment --- ~ - ----- - Ongoing Annual - --------------- Descriotion One Time Amount Amount Justification/Basis .. '" - ----- - . Revenues .. ---- $0 $49.895 - Total Revenue Impacts ....- -~,---- -~--- - h___ Exoenditures . -,. .--- --, -- Operating . . ~- $39.365 Plowing, MaintEmance and Administration - I .. Vehicles .J. $51,0001 $0 Fleet Additions - Playing Field ,. , $0, $0 ,. , Depreciation ~ $15.600 Trail and irrig_~ti6n~' Not vehicles. -- Total Expenditure ,Impacts: - $51,000 ---. $54.965 .. Operating impacts include: Snow Plowing, Maintenance, Vegetation Management, Open Space Administration, Community Forestrv Administration, Parks and RedCommDev Permit Comnliance, Enuioment and Vehicle Maintenance Page 3 CITY OF ASPEN -- -------.-. , ------ I ----r=-:~_.. ..-- . - --..- , u_ --. ANNEXATION IMPACT ANALYSIS -------- r-::-=-~ l --c-.:::-' . . . u -- - "BAR X/Burlingame Annexation ---- - -------- ------ -- I - -- I --..- -, --_..~- I ~ - ------.- --------,- " I ------------J-. ----- ---- --- ------------ .,. Fund: Wheel~r _9pera House .,. D~p.~rtment: VY~eler Op~~}:Iouse -. -.--,. ,--.-- - ------ --.. ----- Ongoing Arlnual Descriotion One Time Amount Amount Justification/Basis __'U_ Revenues - -, ~.,... , $130,000 $39,286 Total Revenu~.l.r:npacts . -.-. $130,000 $39.286 -- - -.-. EXDenditures , .. ". 1=-0-.,' -- ._.----- .. $0 Total Expenditure Impacts: $0 RETT estimate based unon 0.5% tax rate on $26 million value of free market real estate transactions throlliih build out. Page 4 . _.__ _ uo -. CITY OF ASPEN ---_::::::...-::.]- . '::=:=-:"l ~_ __ ANNEXATION IMPACT ANALYSIS -------r==--==:::I:..._u___ L - u t="BAR X/Burlil1{jre Annexation. .. _ .. Fund: Water Utility ________ ___~~~rtm~~!: __ Utilities Department .-- Descriotion Ongoing Annual One Time Amount Amount Justification/Basis _n_ Revenues .- ..__n_. n_ 1 'n _.. .. _,_ _j__ .. f--- I - --------1----- Water Sales, demand, fire charges, variable sales Tap Fees Total Revenue Impacts .- --$430,4~~ --- $149.6~~ ,., $430,i~r_---J!49,~8'O. .. ......-- Exoenditures _n___. Admini"tratioll... $0 $27,403 Hydrant Maintenance $0 $6,338 Treatment and SU0'iy,_"m....,__ _ ._.._, _.'-'$0 ..,.. -."'$22.563.... Distribution and Pumping $0 $16.263 Utility Billing ..., SO ".. .., M $5Q.127 --.. Tiehack connection (included in AMP) $88.900 $0 Rio Grande WeU(illclud,ed, inANif'l _ ,_ ... $115.500 ----'$0-' Highway 82 Water Line Crossing $38,100 $0 AABC Connection $76,200 $0 Bar/X to Burlingame.\iilia_98.C:Qnnection, ,.., $111.760 $0 Depreciation $0 $0 Tiehack connection (included in AMP) $0 $1,482 _8ioGrande Well (included in AMP).__ _. ,-- $0 $1,925 Highway 82 Water Line Crossing $0 $635 AABC Connection , $0 $1.270 ~arI)( tQ Burlingame Village Connection ..... _ $0 $1.863 Capital Expenditures,Developer Costs.~ $30.292 ....,... 'fotal Expenditure ImpactsC--- $430.460 "S1"60. 161------ u. .",- Program budget areas include administration, hydrant maintenance, treatment and supply, distribution and pumping, and utility bming. Expected percentage increase in each of the above areas (respectively) are 6.2%, 8.1 %, 4.4%, 3.5% and 10.6%. Expected cost increases for each of the above programs (respectively) is $27,403; $6338; $22.563; $16,263; and $50.127. The total cost annual cost increase is expected to be $122,694. .-.....- ,-~ ....-- -- . - .- f----n -.-. Tap fees and well development charges will offset capital expenditures for the water plant (induding land payment), raw water collection system and common elements of the water system. During the build out period, tap fees are expected to be $1.209.000 in each year (totaling $4.836.000 based on estimated 700 ECUs), Well development fees (applicable to Bar/X only) are expected to be $10.000 per year in each of the four year build out period (totaling $40.000). !,;apltal expenses are orOKen IntO a numoer or suocategorles, I nese InCluee a percentage 01 selectee capital charges that are already in the AMP and are necessary to serve these projects. An example of this category is the well expansion at Rio Grande which will provide a portion of the increased firm water yield to add the water demand to our system. A second category of capital expense are those that are not included in either the City's AMP or in the development proposals. An example of this category is the required water line connection to the Airport Business Center. For this connection a percentage of the costs assigned based on the ECU value for the area to be annexed pro-rated to Service Area 6 (west of Maroon Creek) ECU data. The last category is developer provided infrastructure that won't need an appropriation but does need to be considered in depreciation and replacement calculations. '" '..n__. Deoreciation-Assumes Straiaht line deoreciation, No salvaae value and a 60 vear useful life .-- Page 5 CITY OF ASPEN . --------:- -----_..- J -J--- ---------- ---- ,. ---- ------ , - .. , .. -...- ANNEXATION IMPACT ANALYSIS -. -------- ____on I :::r~:::=:.:.:__==~L:.=_ .. ---- -------- .-- ---- -- --- -- - ------- .- "BAR X/Burlingame Annexation _on, ---------- ----- -- ----------------- ! -r_,. -- I.... --------- Fund: Housing Administration --......-- __"0'___- Department: .- f------.----.- ------..- on .. ,..... - ______n______ -. no - -------------- Ongoing Annual Descriotion One Time Amount Amount Justification/Basis ,-.- - r.c----m-.-. .- - -, ---"------ ",- Revenues ---- 2% Sales Fee ~ 290,000 $ ".__,-..8:1,&57 -0'- n Total RevenueJf!lpac~____,.___ -- $ 290,000 $ 82,857 n__ Exoenditures -_.- .-.- _.._._.__._-~ --.--. ..--.. - .-.-----" -- .,- Payroll ____n_.... $0 $14,850 Recent hire ---- Total Expenditure Impacts: $0 - $14,850 . -- Sales impact fee of 2% on sales of $29 million. 50% will be waived with initial sales. Page 6 CITY OF ASPEN _____0'__- - _____un - ____un_on -Tn. . ------- __Ln .~_L - ------ nn ____ ---------------- ..- ANNEXATION IMPACT ANALYSIS '-r-- -------------- I I --------- ---...------.---- . . - __n - ----- "BAR)(/Burlingame Annexation --- --- - ------------------------- - ". .., __u_ ------------ _.n Fund: Housing Developmen_L.___ n." ." '--'-" .- " [)_ep~rtrTlent: i AMP/Housing Development .--- --,._---- ---- ,.. . ",- One Time Expense Ongoing Expense Descriotion Annual Amount Annual Amount ' Justification/Basis .-- ----...---- n Revenues _____no_un ------ - , -- _':!9_~_singB~J:I _~_f~~_~.r.!5.~L~_!y.__ $250,900 $35,843 ..,- .._-,-- -.-...--..-.'. - ., Housing Sales Tax iQ $8.233 n Iotal Re~enueLrr!R~~__ - _.,-_.'.-----'-- --.-- . .$250,90() . -------- $44,076 -- =--...--. . -- --- .- ---------- '" -_.- n Exoenditures ~"_....,'._. $0 '_'n ..-.---..---.-.'..-...-.--- --- Total Expenditure Impacts: $0, HRETT estimate based upon 9 lot sales worth $1.29 million and 13 free market home sales worth $26,000,000, HRETT is calculated on value of real estate areater than $100,000 at 1.0% tax rate. Page 7 TO: Mayor and City Council FROM: Transportation Department, John Krueger and Lynn Rumbaugh THRU: Randy Ready, Assistant City Manager DATE: February 1, 2005 RE: Burlingame Village Phase One. Mobility Options Summary This memorandum proposes a recommended transit and mobility plan for the first phase of Burlingame Village that would also significantly improve transit service along the Highway 82 corridor on the west side oftown. The employee housing areas that would be served by the recommended transit improvements include 1108 residents at the following developments: Truscott (293 residents), Country Inn (43 residents), Burlingame Seasonal and Maroon Creek Club Employee housing (285 residents), Annie Mitchell Homestead (43 residents), the North Forty (144 residents) and the estimated 300 residents of Burlingame Village Phase L This corridor on the west side of town is not well served by transit. Even though all valley buses travel through the corridor, arrival times are widely variable at the end of a long-haul route that begins in Glenwood Springs due to weather, road conditions and congestion levels, The estimated annual operating cost of the recommended plan would be $528,196 and estimated annualized capital replacement costs would be $96,400. The total cost per year for the recommended plan would be $624,596. For purposes of the Burlingame Village Financial Impact Report, the approximately $20,000 in annual operating costs for extension of the transit route from Burlingame to the AABC have been deducted, resulting in an annual Burlingame service cost of $604,596. The Burlingame Project Development Team is planning the Village to physically accommodate whatever level of transit service is provided. Road widths and turning radii are sufficient for transit vehicles of all sizes from vans to motor coaches. While this memorandum deals with the transportation needs assessment and financial impacts, a funding plan is being developed that will include proposed revenue from the Housing Development Fund, Homeowners' Association, user fees for some proposed elements, and future contributions from the Transportation Fund, The Transportation Fund is currently experiencing annual budget challenges and will be the subject of additional City Council work sessions in the near future, Staff recommends that the annual cost of Burlingame transit service be funded through 2009 by a one-time contribution of $2 million from the Housing Development Fund. The staff recommendation includes fixed-route transit service with flexible hours and frequencies to be based upon resident usage patterns, along with supplemental transportation alternatives to accommodate residents' needs during off-peak times or when fixed-route transit will not work for specific trips. A key feature of the 1 recommended plan is its flexibility and ability to respond to future phases and increases in transit demand. The transit component will substantially improve the reliability and convenience of transit not only for Burlingame, but also for all of the other properties along the corridor, with IS potential bus stops between Burlingame Village and Rubey Park, Background To preserve Aspen's environment and small-town character, the Aspen community has directed the City of Aspen to maintain traffic volumes at 1993 levels in perpetuity as stated in the Aspen Area Community Plan. In keeping with this goal, the City has implemented a comprehensive Transportation Demand Management program that includes paid parking, free and frequent transit, carsharing, outreach and marketing, This award- winning program has been successful to date - even as Aspen and down valley communities have experienced tremendous growth. The Aspen community has also made environmental quality a priority, adopting programs that have significantly reduced traffic and improved air quality, Aspen City Council also adopted the Ecological Bill of Rights, which emphasizes the importance of clean air. Since traffic is the primary source of particulate pollution in Aspen, the most important way to maintain good air quality is to keep traffic levels stable. Aspen's Land Use Code also strives to ensure that developments do not have pernicious effects on air quality. Historically, Aspen residents will use commute alternatives when provided. For example, 2000 census figures show that almost 12% of Aspen residents use transit to commute to work, compared to 4.6% nationwide and 20% walk compared to 3% nationwide. Overall ridership on local Aspen routes rose by 0.8% in 2004. The Transportation Fund is currently operating with a structural deficit. Aspen's 2005 transit service plan is budgeted at $3,326,195.00. This service is funded via Aspen's share of the I % Transit Tax collected by Pitkin County as well as a portion of the I % bed tax, Both of these funding sources are experiencing an upswing as of 2004. However, RFT A operating costs continue to increase annually at a rate that outpaces the growth of City service funding sources. With current service levels and revenue generation scenarios in place, the Transportation fund is projected to reach deficit position by 2007. Staff will return to Council in the near future to discuss potential solutions to this problem. Discussion With the development of Burlingame, Aspen continues to strive toward housing more of its workers locally, reducing vehicle miles traveled. The Burlingame Housing project will be built in three phases. Phase One will encompass 97 units: 14 one bedroom; 29 two bedroom; 43 three bedroom; and II building lots. It is estimated that these units and lots will house approximately 300 residents, City Council has chosen to make this development a model of green building and environmental sustainability. A major component of this process is the establishment of a mobility plan that mitigates the potential for increased traffic congestion or PM-I 0 pollution by connecting Burlingame residents to all of Aspen's amenities without requiring them to drive. 2 The Transportation Department has developed three mobility options for Burlingame Phase One, with the objective of making it possible for residents to live without a car or to avoid the need for more than one household vehicle. Shaw Construction has been chosen as the developer of Burlingame project. Staff has worked closely with Shaw and RFT A on the development of these plans, incorporating their elements into the street design and community layout. Staff has also collaborated with the Environmental Health department on to determine options that best mitigate PM-I 0 impacts, It is important to note that staff also aims to provide improved transit services to inore than 800 additional residents at other employee housing developments including Truscott, MAAlBurlingame, Aspen Country Inn, Annie Mitchell Homestead and the North Forty, In 2002, City staff contracted with LSC Transportation Consultants to perform an evaluation of the existing local transit system as well as an analysis of potential service change alternatives. In their final report, LSC noted that, "unserved and underserved areas include the Truscott housing development, Aspen Country Inn, the Burlingame employee housing development, the Maroon Creek Club employee housing development, the Airport Business Center and the Pitkin Country Airport. " Therefore, the costs associated with the attached transportation plans should not be wholly attributed to the Burlingame development, but rather distributed among the numerous housing developments between the roundabout and the Airport Business Center. Financial Implications: The following mobility options are not currently funded in the Transportation budget. Staff recommends that the annual cost of the Burlingame transit service be funded through 2009 by a one-time contribution of$2 million from the Housing Development Fund, All estimated costs quoted in the plans are based on 2005 dollars and 2005 RFT A service rates. Potential funding sources include housing development funds, homeowner's association dues, user fees, parking charges and future contributions from the transportation fund. Staff will return to Council in the near future to discuss this and other transportation funding issues. Attachments: Attachment A: Option I, Recommended Plan Attachment B: Option 2, Enhanced Transit Plan Attachment C: Option 3, Connection Focused Plan Attachment D: Proposed transit route Attachment.E: Cost Summaries 3 Attachment A Option 1 - Recommended Plan This plan would provide residents with a variety of mobility choices including transit, carsharing, on-demand service and a choice of personal mobility equipment. This plan is recommended for its provision of a wide variety of options including transit service that can be expanded, as demand and further development require. 1. Seasonal Fixed-Route Transit: Fixed route transit would be provided using three new low floor vehicles. Service in the spring, summer and fall seasons would be available during peak periods in the morning and afternoon, with increased service in the winter when other modes such as walking and biking are not as convenient for many residents, Service Area: Rubey Park to Truscott, Country Inn, Buttermilk, MAA, Burlingame Village, and Airport Business Center 30 minute service from 6:00-9:00am and 3:00-6:00pm only 30 minute service from 6:00-9:00am and 3 :00-6:00pm, 60 minute service all other hours until 2:00am $194,301 spring/summer/fall and $255,895 winter Total annual cost of$450,196 $990,000 for 3 diesel buses', $61,000/annually for replacement, assuming 50% federal match for bus replacements Spring/Summer Fall Hours: Winter Hours: Operating Cost: Capital Cost: 2. On-Demand Service: On-demand taxi service would supplement peak-only transit service during the spring, summer and fall seasons. This would provide equal access to timely service for residents who do not work a typical peak hour shift as well as provide an emergency ride home feature. Service would be available on demand between Burlingame and downtown Aspen or the ABC from 9:00am-3:00pm and from 6:00pm- 2:00am. Homeowners and the City would share the costs of this service, The estimated cost per year is $46,000 to be divided between the City, the Homeowner's Association and individual users. 3. Cars baring: An extension of the Roaring Fork Valley Vehicles carshare program would provide residents with access to private vehicles when needed. Transportation staff recommends the purchase of three vehicles for Phase One. All households would be assessed a $10 monthly administration fee for the program to offset the operating costs of the vehicles. After securing memberships, residents would pay the standard RFVV hourly and per mile charges based on use. The purchase of three additional vehicles would cost $45,000 ($15,000/ea) for standard cars or $75,000 ($25,000/ea) for hybrid vehicles. In addition, $15,000 per year would be needed for vehicle operation and $10,400 would be set aside annually for capital replacement of the three 'Two buses in operation, plus one spare. Three hybrid electric buses could be purchased/or $1.8 million 4 standard vehicles after a five-year span ($17,400 for hybrids), The expansion of the RFVV fleet to eight total vehicles would require additional staff time for fleet management and back office duties. It is suggested that a ll.-time staff person be added at a cost of$15,000 annually. An upgraded reservations system is also recommended for a one-time cost of$3,000. 4. Mobility Allowance: A trial mobility allowance program could be implemented to provide residents with additional options for connecting to the Buttermilk bus stop or walking or bicycle riding into town. This program would provide $1,000 to each unit for the purchase of scooters, bicycles or other approved items that would facilitate a connection to trails or transit. Alternatively, the funds could be provided to the homeowners' association for the purchase of community items such as a bike fleet or a vanpooling vehicle. Purchases would be coordinated through City staff to ensure that funds are used only for appropriate items. Staff suggests that the housing development fund provide this allowance every four years to replace items, or to allow new residents to participate for the first time. 5. Paid Parking: The Burlingame development will provide 1.5 spaces per unit, or approximately 145 spaces in Phase One. To serve as a further auto disincentive and to assist with annual funding of operations, staff recommends that some form of paid parking be instituted. For example, each unit could receive one parking space as part of the purchase price, with additional spaces sold for an annual fee. If each of the 48 spaces available (after one is provided to each unit) were sold for a $75 monthly fee, $43,200 would be raised for the funding of transportation options. This amount would fund the majority of annual operational costs for three carshare vehicles, 6. Public Iuformation: Public information programs will be necessary to ensure that all residents are aware of their transportation options. A move-in packet detailing this plan would be provided to all residents. Transportation kiosks would be installed in high-traffic areas such as the community center. Transit schedules and other marketing pieces would be printed for Burlingame residents as well as other neighborhoods receiving new transit services. 7. Pros and Cons: This plan would provide several benefits including: . Increased transit service to employee housing residents during winter season, when valley routes tend to be less reliable . Expandable peak-period transit service during spring-summer-fall, with frequent valley bus service available at Buttermilk at other times of day . Dial-a-Ride options for those whose schedules do not fit into transit schedules . Carshare and personal mobility options for other trips . Easy transition to add more ( or less) transit service as demand requires 5 . Interchangeability of off-peak bus service into town or van service to Maroon Creek Road . Paid parking for more than one space/household provides true price signals about the cost of driving Drawbacks to this plan include: . Seasonality of service creates less consistent schedule that may affect ridership . Limited fixed route service in spring/summer/fall months . Idea of mobility allowance is untested . Dial-a-ride options have been difficult to promote at other employee housing developments 9. Estimated Costs: Option 1 -- Recommended Plan Element One-Time Annual Annual Operating Replacement Transit $990.000 $61,000 $450,196' On-Demand 0 $0 $46,000 Carshare $48,000 $10,400 $30,000 Allowance $97,000 $25.000 $0 Public Info $5.000 $Q $2.000 Total $1,140,000 $96,400 $528,196 "This cost includes $20.000 to provide transit service to the AABC. This $20,000 cannot be attributed to the development of Burlingame Village. 6 Attachment B Option 2 -- Enhanced Transit Plan This plan would substantially enhance Aspen's local transit system, providing improved service to a variety of employee housing residents including Burlingame homeowners. A carshare program would allow for personal vehicle trips when needed. In general, this plan is preferred by the Environmental Health Department for its potential to even further reduce PM-I 0 pollution and traffic congestion through consistently improved transit , options, with less seasonal variability. 1. Fixed-Route Transit: Fixed route transit would be provided using three new low floor transit vehicles, The cost to purchase three diesel vehicles is $990,000 ($330,000/ea), with hybrid vehicles increasing the cost to approximately $1.8 million ($600,000/ea). Service could operate 365 days per year from approximately 6:00am to 2:00am with reduced hours in the spring and fall in keeping with other City services, Alternatively, service could operate on a peak/non peak schedule with reduced frequency during hours of lower ridership. A. Peak / Non Peak option Service Area: Service Hours: Rubey Park to Truscott, Country Inn, Buttermilk, MAA, Burlingame Village, and AABC 30-min from 6-9am and 3-6pm, 60 minutes remainder of day, year- round Operating Cost: Capital Cost: $676,818 annually $990,000 ($330,000 each), $61,000 annually for replacement, assuming 50% federal match for bus replacements B. 30-minute service option Service Hours: 30 minute service from 6:00am-2:00am, year-round $1,040,694 annually Operating Cost: 2. Carsbaring: An extension of the Roaring Fork Valley Vehicles carshare program would provide residents with access to private vehicles when needed as outlined in the Recommended Plan. 3. Paid Parking: Staff recommends that paid parking be instituted at Burlingame as outlined in the Recommended Plan. 4. Public Information: Public information efforts would be undertaken (see Recommended Plan), 5, Pros and Cons: This plan would deliver a variety of benefits including: . Decreased headways for riders traveling between Aspen and the AABC . Decreased pressure and less local stops on valley routes . More reliable transit service year-round for approximately 1108 employee-housing residents 7 . Potential to serve proposed Buttermilk and Inn At Aspen redevelopment . Carshare vehicles for Burlingame residents Drawbacks to this plan include: . High annual operating costs . Unproven level of demand for off-peak fixed-route transit service that may be unnecessary at least for Phase I . Overall reduced menu of alternative transportation choices for residents Transportation staff recommends Option lover this plan because the recommended plan provides flexibility and a greater menu of alternative transportation choices, with transit service hours that can be adjusted over time as future phases of construction are completed or as conditions change in the corridor, 7. Estimated Cost: Option 2 - Enhanced Transit Plan (peak/non-peak) Element Transit Carshare Public Info Total One-Time $990,000 $48,000 $5.000 $1,043,000 Replacement $61,000 $10,400 $Q $71,400 Cost: Option 2 - Enhanced Transit Plan (30 minute) Element Transit Carshare Public Info Total One-Time $990,000 $48,000 $5.000 $1,043,000 Replacement $61,000 $10,400 $Q $71,400 Annual Operating $676,818- $30,000 $2.000 $708,818 Annual Operating $1,040,694-- $30,000 $2.000 $1,072,694 'This cost includes $32,000 to provide transit service to the AABC. This $32,000 cannot be attributed to the development of Burlingame Village. "This cost includes $46.000 to provide transit service to the AABC. This $46.000 cannot be attributed to the development of Burlingame Village. 8 Attachment C Option 3 .. Connection Focused Plan This plan would connect Burlingame residents to existing RFT A valley services via the Buttermilk and roundabout transit stops. This plan is not recommended by Environmental Health or Transportation Departments. 1. Scheduled van service: This service would make use ofRFTA IS-passenger shuttle vehicles to provide a circulating service from Burlingame to Buttermilk and the Roundabout. Connections at Buttermilk would provide service to downtown Aspen or downvalley, with roundabout connections serving the CastlefMaroon area (and town if desired). Providing this service with one van every 20 minutes for 20 hours daily, 365 days per year would cost approximately $326,000 annually. Capital costs would total approximately $150,000 for two IS-passenger shuttle vans. 2. Bike Storage: Bike lockers located at Buttermilk would allow Burlingame residents to bike to this transit connection and store their bicycles for the day, This would be helpful during winter months when bike racks on buses aren't available, and in the summer when they are often fully utilized. Bike lockers cost an estimated $1500 each (per one bike), 3, Paid Parking: Paid parking would be implemented as outlined in the Recommended Plan. 4. Public Information: Staff would implement information programs (see Recommended Plan). 5. Pros and Cons: This plan would provide the following benefits: . Connecting Burlingame residents to downtown Aspen via a transfer at Buttermilk or the Roundabout with frequent service throughout the day . Connecting Burlingame residents to destinations along Maroon Creek Road via a transfer at the Roundabout . Reduced costs compared to other plans The main drawbacks to this plan include: . Lack of convenient transit and carshare options . At least one transfer would be required for residents to get to their ultimate destinations . The schedule variability of the valley buses at this point in the corridor compounds this option's inconvenience and disincentive to use transit . This plan provides no service improvements to Truscott, Country Inn, MAAfMaroon Creek Club, North Forty or Annie Mitchell Homestead residents This plan is not recommended at this time except as a potential off,peak and/or off-season service alternative depending on resident demands and travel patterns, If rail service or much more reliable bus service via a Bus Rapid Transit (BRT) system in the valley is implemented, the drawbacks to this option may be able to be 9 overcome and this connection-focused alternative could become a very cost-effective and convenient transit service that could capture as many trips as the other alternatives. 7. Estimated Cost: Option 3 - Connection Focused $150,000 $9,000 $5.000 $164,000 Annual Replacement $26,500 $0 iQ $26,500 Operating Element One-Time Transit Bike Lockers Public Info Total $326,593 $0 $1.000 $327,593 10 To East End Main Street To Centennial Attachment D Proposed Burlingame Transit Route To Highlands 11I1 AABC Roundabout! Kiss & Ride 11I1 MAA Seasonal! Maroon Creek Club To Cemetery Lane llll~ Emplovee housinQ Areas Served I) Truscott: I) Country Inn: I) Maroon Creek Club I) MAA Housing I) Burlingame Village: I) AABC: I ~ ' II . 293 residents 43 residents 85 residents 200 residerits 300 residents (phase one) 187 residents 1108 total residents Route Details Distance: 9 miles round trip Time: 30 minute headways with two buses 60 minute headway with one bus Vehicles: Three 35cfootcoaches (two for service + one spare) Stops: Main Street stops, Roundabout, Truscott, Country Inn, Buttermilk, MAA/Maroon Creek Club, Burlingame Village, AABC, Airport 11 Attachment E Mobility Plan Options -- Cost Summaries Option 1 -- Recommended Plan Element One-Time Replacement Annual Operating Transit $ 990,000 $ 61.000 $ 450.196* On-Demand $ $ $ 46,000 Cars hare $ 48,000 $ 10,400 $ 30.000 Allowance $ 97,000 $ 25,000 $ Pu blic Into $ 5.000 $ $ 2,000 Total $ 1,140,000 $ 96,400 $ 528,196 Option 2 -- Enhanced Transit (peak I non-peak) Plan Element One-Time Replacement Annual Operating Transit $ 990.000 $ 61.000 $ 676.818** Carshare $ 48.000 $ 10,400 $ 30,000 Public Into $ 5.000 $ $ 2.000 Total $ 1,043,000 $ 71,400 $ 708,818 Option 2 -- Enhanced Transit (30 minute) Plan Element One-Time Replacement Annual Operating Transit $ 990,000 $ 61.000 $ 1,040,694*** Carshare $ 48.000 $ 1 0,400 $ 30.000 Public Into $ 5,000 $ $ 2,000 Total $ 1,043,000 $ 71,400 $ 1,072,694 Option 3 -- Connection Focused Plan Element One-Time Replacement Operating Transit $ 150,000 $ 26.500 $ 326,593 Bike Lockers $ 9,000 $ $ Public Into $ 5.000 $ $ 1.000 Total $ 164,000 $ 26,500 $ 327,593 'This cost includes $20.000 to provide transit service to the AABC. This $20.000 cannot be attributed to the development of Burlingame Village. "This cost includes $32.000 to provide transit service to the AABC. This $32,000 cannot be attributed to the development of Burlingame Village, "'This cost includes $46,000 to provide transit service to the AABC. This $46.000 cannot be attributed to the development of Burlingame Village. 12 Vll\e '* l.VIem.o:ra.:n..d~ lJIeCltYofl_ CiIl' llIIOIney's8l1lce TO: Mayor and Members of Council FROM: John P. Worcester DATE: February 14, 2005 AMCORDI A VL T Parcel Annexation - Ordinance No. J.:!O , Series of 2004 - Second Reading and Public Hearing RE: Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the Bar/X Ranch Property to the City of Aspen. This matter is before you on Second Reading and Public Hearing. The petition for annexation was filed with the City Clerk on October 5, 2004. On October 12, 2004, City Council adopted a resolution finding substantial compliance with Section 31-12- 107(1), C.R,S, A public hearing was held on November 22, 2004, at which time Council determined that the proposed annexation was in compliance with ~~ 31-12-104 and 31-12-105, COR.S. City staff will be present at the public hearing and second reading of the proposed ordinance 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.1!2, Series of 2004. CITY MANAGER'S C9,MMENTS: ,/~~ ffi~' ORDINANCE NO. 40 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE" AMCORD/ A VLT PARCEL" ANNEXATION. WHEREAS, on October 5, 2004, the City Manager of the City of Aspen, on behalf of the City of Aspen and owner of the property proposed to be annexed, did file 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 Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in ~3l-l2-107, 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 100, Series of 2004) at its regular meeting on October 12, 2004, 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 lie.., Series of 2004) at its regular meeting on November 22, 2004, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with ~~ 31-12-104 and 31-12-105, COR.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 I, That the tract of land described in the Petition for Annexation, commonly referred to as the " Bar/X Ranch", 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 is hereby 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, 2 A public hearing on the ordinance shall be held on the _ day of in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ,2004, INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2004. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this ,2004. day of Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW- saved: 11/15/2004-647-G:\john\word\ords\AMCORD _A VLT-Annexation.doc 3 TO: THRU: FROM: RE: DATE: MEMORANDUM "'" ~ Mayor Klanderud and Aspen City Council John Worcester, City Attorney Chris Bendon, Community Development Director~ Joyce A. Allgaier, Deputy Director, Community Development Stage Road SubdivisionlPUD - 2nd Reading of Ordinance No, 6, Series of 2005 - Final Planned Unit Development designation and approval, Subdivision, GMQS Exemptions, Specially Planned Area designation and approval, Amendment to the Official Zone District Map, and Vested Property Rights. February 14,2005 PROJECT: STAGE ROAD SUBDIVISIONIPUD REQUEST 0 twelve (12) free market units, 0 twelve (12) accessory dwelling units associated SUMMARY: with the 12 free market, 0 one (I) Resident Occupied (RO) Ranch Manager's dwelling unit, 0 one (I) free market cabin lot, 0 one (I) fisherperson' s tract, 0 one (I) lot for ranch residences along with approval to increase the size of the four (4) existing structures, 0 creation of a twenty-one and one half (21.5) acre lot for affordable housing, 0 creation of a two (2) acre lot for future cultural uses to be zoned Public (PUB) and Specially Planned Area (SPA), 0 areas of land to be zoned Conservation (C) and Affordable Housing/PUD (AHlPUD) and Specially Planned Areas (SPA), and 0 the development of private roads, utilities, and related improvements. ApPLICANT: BarlX Ranch LLC, represented by John Lifton (Land Planning) and Herb Klein (Attorney) PROPERTY: Bar/X Ranch Property, Stage Road COWOP TASK FORCE ApPROY AL of the development in conjunction with RECOMMENDATION: an affordable housing development STAFF RECOMMENDATION: ApPROY AL, with conditions Stage Road SubdivisionlPUD Staff Memorandum 2nd Reading ,I. PROJECT SUMMARY: The Applicant, Bar/X Ranch LLC, is requesting approval of a Subdivision and PUD to allow for the subdivision and development of a total of 18 lots with various development components within the entire property, Proposed are twelve (12) free market residential units, twelve (12) accessory dwelling units (associated with free market), one (I) lot containing 4 existing ranch residences with the allowance for expansion, one (I) Ranch Manager's RO lot, one (I) cabin lot, and one (I) fisherperson's tract. The development will include storm water features, private roads, utilities and related improvements to serve the proposed subdivision, Proposed Zoning is as follows: Lot Name Zoning .. I 20-Acre Parcel Affordable Housing PUD Fathering Parcel (F I) Ranch Residences Conservation with SPA Fathering Parcel (F2) Cabin Lot Conservation Free-Market Lots 1-12 All AHlPUD, and some with a portion of the lot being Conservation Ranch Manager's RO Lot (RM) AHlPUD Cultural Use Area (Lot C) Public (PUB) with PUD & SPA overlays Fisherperson's Tract (Lot FP) Conservation The FI parcel, with the four ranch residences, is designated with a Specially Planned Area overlay so that the existing four residences are approved as to use and are allowed to expand as the PUD dimensional standards permit. Normally, only one residence is allowed on a C-zoned parceL This allows them to be approved, yet not deemed "non-conforming". This SPA allows for the four units and agricultural buildings. The Cultural Use lot with Public/PUD/SP A zoning is intended for cultural uses in the future. There is no site specific development plan for that property at this time and the SP AlPUD requires that the lot can only be developed with separate approvals through a PUD amendment and SPA review, BACKGROUND: The proposed development is contingent upon the successful annexation of the subject property into the City and is subject to a pre-annexation agreement that was negotiated between the Applicant and the City of Aspen, The pre-annexation agreement establishes that the City will receive more than 20 acres ofland (commonly referred to as the "20 Acre Parcel") on which to develop up to 330 units of deed-restricted affordable housing, commonly known as the "Burlingame Ranch AH" proposal, Pursuant to the terms established in the pre-annexation agreement, the affordable housing to be developed by the City on the "20 Acre Parcel" will go toward fulfilling the GMQS exemption qualifications necessary for the Applicant to develop the free market residential dwelling units proposed in the Stage Road Subdivision application per Land Use Code Section 26.470,070(L), GMQS Exemption for Free market residential. AH associated, ApPLICABLE LAND USE SECTIONS: The following land use approvals are requested and necessary for approval ofthis project: Stage Road Subdivision/PUD Staff Memorandum 2nd Reading ,2, 1.) FINAL PLANNED UNIT DEVELOPMENT (PUD): A PUD is requested to establish the density, open space, building height, parking, allowable floor area requirements, and phasing for the proposal. 2,) GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS; GMQS Exemptions are requested for the development of a 70/30 (70% of the bedrooms developed as deed- restricted affordable housing and 30% of the bedrooms developed as free market) project. The affordable housing units to be developed in "Burlingame Village" are proposed to satisfy the affordable housing mitigation requirements for the proposed Stage Road development pursuant to the terms established in the pre-annexation agreement. 3.) SUBDIVISION; Subdivision review is required for the creation of new lots, (in this case, 18) development of multi-family housing and the development of infrastructure associated with development. 4.) AMENDMENT To THE OFFICIAL ZONE DISTRICT MAp (REZONING); The Applicant proposes to rezone the portions of the subdivision proposed for the development of the twelve (12) single-family residential dwelling units to the AH-PUD Zone District. The portions of the subdivision not proposed to be redeveloped are proposed to be rezoned to the Conservation (C) Zone District and the land proposed to include the Cultural Facility is proposed to be rezoned to the Public Zone District with a PUD/Specially Planned Area (SPA) Overlay. A separate PUD/SPA application will be required to be filed prior to any development of the site intended for the cultural use facility. Lot Fl where the four (4) ranch residences are located is proposed to be zoned Conservation with an SPA overlay in order to allow for the continuance and expansion of the residential and agricultural uses and buildings in the C zone, where the density of 4 units on a lot would not be allowed, 5.) VESTED RIGHTS: The Applicant has requested vested rights against land use code changes for twenty-five (25) years, REVIEW PROCESS: The proposed Stage Road SubdivisionIPUD was determined eligible to be reviewed through the City's COWOP (Convenience and Welfare of the Public) development review process pursuant to City Council Resolution No, 120, Series of 2000, Several other City Council resolutions (Resolution No, 30, Series of 2003 and Resolution No. 49, Series of 2003) were also approved to add land area to the land mass that was being reviewed as part of the Burlingame COWOP, Through the COWOP process, a task force team consisting of neighboring property owners, representatives from City Council, the Planning and Zoning Commission, the Housing Board, A VL T and other members of the community were convened to provide specific recommendations on how the Burlingame Ranch and Stage Road (BarlX Ranch) properties should be developed. The Burlingame COWOP Task Force Team's recommendation were presented to City Council and accepted by City Council pursuant to City Council Resolution No, 98, Series of2003, Stage Road SubdivisionlPUD Staff Memorandum 2nd Reading ,], The City's Land Use Code established that after City Council has accepted the COWOP Task Force Team's recommendations, the Applicant then shall submit a development plan for City Council's review requesting land use entitlements, Thus, in conformance with the City's COWOP review process, the Applicant has submitted a final development application for City Council's review to determine if land use entitlement meets the applicable land use review criteria for said development request. STAFF COMMENTS: PLEASE NOTE THAT THE QUESTIONS AND COMMENTS FROM THE ORIGINAL 1ST READING ON DECEMBER 13,2004 ARE ADDRESSED IN A SEP ARA TE EXHIBIT "E") HOUSE SIZE: The allowable FAR proposed for each of the twelve (12) free market residential lots is 7,500 square feet for the main residence on each lot. The application also proposes that a Transferable Development Right from within Pitkin County could be extinguished on each of the proposed single-family lots to increase the size ofresidences to 10,000 square feet of FAR, as measured by the City's FAR calculation methodology that was in effect on June 1,2000. Additionally, the proposed Subdivision/PUD agreement (Section 17 of the application) indicates that if a TDR is not readily available to increase a residence to 10,000 square feet or if City Council refuses to allow a TDR to be extinguished on a lot, or at the election of the owner of one of the single- family residences, a payment of $240,000 to the City can be made for the right to obtain an additional 2.500 square feet of FAR to construct a residence of 10,000 square feet. Staff believes that the size of the proposed residences is large given the option to acquire a TDR to construct up to a 10,000 square foot residence. However, in considering the size of the lots that the residences are to be developed upon, Staff believes that the house sizes proposed are consistent with the allowable house sizes established in the nearby Maroon Creek Club SubdivisionIPUD. This development achieves a large amount of protected open space, The pre- annexation agreement has allowed for the proposed development density and house sizes, RESIDENTIAL DESIGN STANDARDS: The Applicant has proposed that the development not need to meet the residential design standards that are applicable to residential development throughout the City, Instead, the Applicant has proposed site design guidelines that are felt to lend themselves more to a rural character of development than the City's residential design standards, Staff believes that the site design standards proposed by the Applicant are both visually and environmentally suitable for the site. CABIN STREAM MARGIN REVIEW: The site of the cabin lays more than 100 feet back from the mean high water line of the river and thus does not require stream margin review. The draft SubdivisionIPUD agreement includes provisions requiring stream margin review by the Planning and Zoning Commission if the location of the cabin site were to be altered in such a way that it does enter the 100 foot zone. Stage Road SubdivisionlPUD Staff Memorandum 2nd Reading .4' ROADS, SIDEWALK, CURB, AND GUTTER: The application proposes that all of the roads within the development will be private roads to be maintained by the Homeowner's Association. Moreover, the Applicant has proposed that the roads within the development are to be hard finished surface roads to remain consistent with the rural character of the development. The roadway of Stage Road is twenty (20) feet with sloping swales for storm water management. The Engineering Department requested the addition of two (2) foot gravel shoulders on both sides, The Applicants have agreed to structurally stabilize the first two feet of the sloped swale with road base material and not increase the traveled surface so as to continue the historic look and feel of the roadway. A six (6) foot wide dirt sidewalk along the main road within the development is proposed for pedestrian use. The Parks Department requested an eight (8) foot wide walk, however, the Applicant is again striving to stay within the historic road way and not move the existing agricultural fences. The sidewalk width has not been changed. No curb and gutter is proposed so that the rural nature of the roadway setting is preserved, and as noted, storm water will be addressed through swales adjacent to the roadway. The application also notes that should the other properties (Harvey, Caudill) served by the Old Stage Road add density to their properties beyond what they have now, that a proportional share of the road maintenance cost will be the financial responsibility of those properties. The county has historically maintained this road and would have without the development of this land, so it seems unfair to allocate road maintenance costs to adjoining properties, with this particular development being the catalyst. The attached ordinance does not allow for such a cost assignment to the adjoining property owners and the associated documents must be amended, The City of Aspen will bear the cost of only the proportional share of future road maintenance associated with any expansion of the Harvey and Caudill properties beyond what existed on May 21, 200 I, (The Harvey property has since been subdivided.) The City of Aspen will also maintain the road prior to the road maintenance responsibility being shifted to the homeowner's association, CULTURAL USE AREA/ZoNING TO PUBLIC: See Staffs Exhibit E, pages 5 & 6, for more information about this issue, including an excerpt from the pre-annexation agreement. On August 26, 2003, the City Council discussed whether or not a cultural use area was appropriate in the overall scheme of this development. The COWOP Task Force Team recommended in favor of cultural uses as part of the development. Three Council members were accepting of the concept, yet wanted limits to the development and controls built into the process. The cultural use area is proposed to be zoned Public at this time with the only allowable use to be agriculture, Until such time as a PUD Amendment (specifying a site specific development plan) and SPA Approval (specifying uses) would be approved by the Council, only agricultural uses would be permitted, Staff feels that the City has reliances and control by using these two regulatory (PUD & SPA) tools. Planning issues such as parking, trip generation, size & density of development, etc, all would be open for review and evaluation, For future residences of both the free market and the affordable housing developments, the designation of Public to the cultural use area now provides notice that non- residential uses are being contemplated here. Stage Road SubdivisionlPUD Staff Memorandum 2nd Reading .5. PARK DEVELOPMENT IMPACT FEES: The draft Subdivision/PUD agreement included in the application proposes that the owners of the free market lots (at the time that a building permit for each lot) will be required to pay Park Development Impact Fees, These fees would be based on the number of bedrooms to be constructed per lot pursuant to the fee calculation methodology in affect at the time of building permit application, SCHOOL LANDS DEDICATION FEE: The draft Subdivision/PUD agreement included in the application proposes that the owners of the free market lots shall pay a proportional amount of the School Lands Dedication Fee at the time of issuance of a building permit for each lot. The agreement establishes that the fee would be calculated based on the calculation methodology in place at the time of building permit application for each of the residences, The proposed ordinance requires the actual fees be calculated and specified in the Subdivision Improvement Agreement. VESTED RIGHTS: The Applicant has requested vested rights exempting the development from changes to the City of Aspen Land Use Code for twenty-five (25) years from the date of recording of the subdivision plat. Typically, development approvals within the City are only vested for three (3) years; however, this length of time is stipulated in the pre-annexation agreement. STAFF RECOMMENDATION: Staff finds that the proposal meets the applicable review standards and that the overall master plan will provide a logical development of this parcel which also strongly emphasizes maintaining the rural nature of the property through conservation easements and open space. The plan maintains the irrigated meadows in their current state and has sited the free market lots to reduce disturbance, Staff also believes that the proposed Burlingame Ranch Development in total, including the Stage Road and Burlingame Ranch Affordable Housing development proposals, will benefit the community by providing the means for the development of a great deal of quality affordable housing to further the City's stated goals of providing for a "critical mass" of local working residents needed to sustain our community, Additionally, through the COWOP process and direct contact with City Staff, the Applicant has proven its willingness to work together and achieve the best possible development to achieve both private and public goals on the property. Staff recommends that City Council approve the attached ordinance, upon first reading, with the conditions contained therein. CITY MANAGER'S COMMENTS: Stage Road Subdivision/PUD Staff Memorandum 2nd Reading -6- RECOMMENDED MOTION: "I move to approve Ordinance No. 6, Series of2005, upon second reading." ATTACHMENTS: Exhibit A - Review Criteria and Staff Findings Exhibit B - John Niewoehner Memoranda dated, July 7, 2004, DRC minutes and October 22, 2004, Referral Comments re, Construction Drawings Exhibit C - John Lifton Memoranda dated, August 26, 2004 and November 17, 2004, Final Submission Exhibit D - Application (includes Pre-annexation Agreement at Tab 29), new Ranch Manager's Lot Envelope and dimensions Exhibit E - Document Addressing Questions and Comments from Council at the Original I sl Reading (on December 13, 2004) MyDocs/BarSlashXSubPUD/Feb 14CCMemo l.doc Stage Road SubdivisionlPUD Staff Memorandum 2nd Reading .). ORDINANCE NO, 6 (SERIES OF 2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FINAL PLANNED UNIT DEVELOPMENT, SUBDIVISION, GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION, SPECIALLY PLANNED AREA, AMENDMENTS TO THE OFFICIAL ZONING MAP AND VESTED RIGHTS FOR THE STAGE ROAD SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO, Parcel ID: 2737-073-00-854 WHEREAS, the Aspen City Council, pursuant to Resolution No. 120, Series of 2000, determined that the Stage Road SubdivisionlPUD (hereinafter the "Project") coupled with the Burlingame Ranch Affordable Housing proposal, was eligible for the Convenience and Welfare of the Public (COWOP) process for the purpose of developing free market housing in conjunction with deed restricted affordable housing and preserving conservation lands; and, WHEREAS, the COWOP land use review process, Section 26.500 of the City of Aspen Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects of significant community interest, when determined necessary by the Aspen City Council according to said Section, to conduct an iterative process considering input from neighbors, property owners, public officials, members of the public, and other parties of interest, and assembling a Burlingame Affordable Housing Task Force Team, providing recommendations directly to Aspen City Council; and, WHEREAS, the COWOP review process enabled the planning and design of the Project to reflect essential community goals and values, taking into consideration various opinions and expressed points-of-view from neighbors, the land owner, citizens and city staff; and, WHEREAS, the COWOP land use review process does not and has not lessened any public hearing, public noticing, or any critical analysis or scrutiny of the project as would otherwise be required; and, WHEREAS, the Burlingame Affordable Housing COWOP Task Force Team met nine (9) times, at legally noticed public hearings, some of which were focused on the identification of the site's opportunities and constraints and to evaluate the development proposal for the Project property. The COWOP Task Force Team forwarded a recommendation to the Aspen City Council who adopted the recommendation through Resolution No, 98, Series of2003, at a regular meeting; and, WHEREAS, the Community Development Department received an application entitled, Stage Road PUD/Subdivision, Final Submission, revised 9/28/04, from Bar/X Ranch LLC (Applicant), represented by John Lifton, requesting approval of a Final Planned Unit Development (PUD), Subdivision (SUB), Growth Management Quota System (GMQS) Exemption, Specially Planned Area (SPA), Vested Rights and Amendments to the Official Zoning Map to develop the Stage Road PUD/Subdivision; and, Stage Road Subdivision/PUD Ordinance No, 6, Series of2005 WHEREAS, the application submitted for the Stage Road PUD/Subdivision proposes development of 18 lots with various zoning and development allowance as follows: o twelve (12) free market units, o twelve (12) accessory dwelling units associated with the 12 free market, o one (I) Resident Occupied (RO) Ranch Manager's dwelling unit, o one (1) free market cabin lot, o one (1) fisherperson's tract, o one (1) ranch residences lot along with approval to increase the size of the four (4) existing structures, o creation of a twenty-one and one half (21,5) acre lot for affordable housing, o creation of a two (2) acre lot for future cultural uses to be zoned Public (PUB) and Specially Planned Area (SPA), o areas of land to be zoned Conservation (C) and Affordable Housing/PUD (AH/PUD) and Specially Planned Areas (SPA), and o the development of private roads, utilities, and related improvements. WHEREAS, the COWOP process pursuant to provisions within Section 26,500, Development reasonably necessary for the convenience and welfare of the public will continue to apply to the subject property and further amendments or entitlements to the Project that warrant land use action by the City of Aspen will be handled as noted in Section 22 of this ordinance; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire District, Streets Department, the Aspen/Pitkin County Housing Authority, Environmental Health Department, Parks and Recreation Department, and the Water Department; and, WHEREAS, the Community Development Department along with said referral agencies reviewed the components of the final land use application of the Proj ect and recommended approval with conditions; and, WHEREAS, pursuant to Land Use Code Section 26.310, Amendment to the OtJicial Zone District Map, Section 26.445, Final Planned Unit Development, Section 26.470, Growth Management Quota System Exemptions, and Section 26.480, Subdivision, and the related sections associated with the land use actions for this application, City Council may grant approval of the development request after considering a recommendation from the Community Development Director, the COWOP Task Force Team, and after considering public comment at a duly noticed public hearing; and, WHEREAS, the Applicant and City have previously entered into a Pre-annexation Agreement, executed on May 21, 2001 for the Applicant's property known as the Bar/X Ranch; and a First Amendment to Pre-Annexation Agreement dated December 17, 2001; a Second Amendment to Pre, Annexation Agreement executed by the City on February 19, 2003; a Restated and Amended Pre-Annexation Agreement, dated January 16,2004; and a Fourth Amended and Restated Pre-Annexation Agreement, dated December 6, 2004, (collectively, the "Prior Agreements"); and, Stage Road Subdivision/PUD Ordinance No.6, Series of2005 2 WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the COWOP Task Force Team, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Stage Road SubdivsionlPUD as generally described below and more specifically described in further sections of this ordinance. o twelve (12) free market residential lots, o twelve (12) accessory dwelling units associated with the 12 free market lots, o one (I) Resident Occupied (RO) Ranch Manager's residential lot, o one (I) free market cabin lot F -2, o a fisherperson's tract o approval to increase the size of the four (4) existing structures, on lot F-I o a twenty-five and one half (21.5) acre lot for affordable housing, o a two (2) acre lot for future cultural uses to be zoned Public (PUB), o rezoning of land areas to Conservation (C), Affordable Housing/PUD (AH/PUD) and Specially Planned Areas (SPA), and o the development of private roads, utilities, and related improvements, Section 1: Subdivision Plat & Final PUD Plans. Within 180 days after final approval by City Council and prior to applying for a Building Permit on any of the structures within the subdivision, the Applicant shall record a Subdivision Plat and a Final PUD Development Plan. The SubdivisionlPUD Plat shall comply with the following requirements relating to plat form and content of the City Community Development Engineer and shall include: I. The final property boundaries, disposition of lands, and utility and surface easements. 2. Reference to the access easement and any trail easements from adjoining property owners, 3. The areas reserved for future unrestricted general utility easements to be granted to the City for the placement ofthe utilities. Once the exact locations of utilities are known, easements shall be granted to the dimensions/limitations as follows: -twenty five-feet (25) in width (12,5 feet on either side ofthe centerline ofthe utility), Stage Road Subdivision/PUD Ordinance No, 6, Series of2005 3 -thirty feet (30) in width (15 feet on either side of the centerline of the utility) if a water line crosses slopes in excess of 15% or if the depth of bury is more than 10 feet deep, -areas reserved on the final plat for these easements which are larger than these widths shall be vacated, -the easement for unrestricted general utilities shall extend through Lot I southerly to the Highway 82 right of way; and in the northerly direction, (along Stage Road and the private roadway serving Lots 9-12) the easement shall be a continuous easement and run between Lots II and 12 all the way to the boundary of the "20 acre parcel", and -residential landscaping materials are not allowed within the utility easements, 4. The location of utility pedestals with access easements for the utility provider. 5. The Applicant shall provide the final approved subdivision line data or survey description data describing the revised street and parcel boundaries to the Geographic Information Systems Department prior to applying for building permits on any of the lots within the subdivision, The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy, The Final PUD Plans shall include the following information as it relates to the plan approved through this ordinance: I. An illustrative site plan with adequate snow storage areas and/or snow melted areas depicted. Approved project dimensions shall be printed on the final illustrative plan. 2. A landscape plan showing location, amount, and species oflandscape improvements with an irrigation plan. 3. A utility plan meeting the technical standards of the city engineer and city utility agencies, 4, A grading/drainage plan for infrastructure for the development, but not for residences on the individual lots, including an erosion control plan, prepared by a Colorado licensed civil engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. Off-site improvement shall be done in coordination with the City Engineer. 5. The following dimensional requirements ofthe PUD are approved and shall be printed on the Final Illustrative Plan, In addition the right to construct 40,000 sq, ft, of non-residential agricultural buildings on Lot F I is approved and on the final plan a note to this effect shall be included, Stage Road Subdivision/PUD Ordinance No.6, Series of2005 4 Summary of lots and allowable square footages of construction Lots Lot Area Residential Units FAR (SQ.Ft,) Free 1 ADU : Free with one I with two ADU Lot Name Sa .Ft. Acres Market' (#1) RO Market' TOR TORs i (#1) RO to be determined by 20 Acre Parcel 940,367 21.588 Citv of Asoen to be determinEld b.1'Citv of Aspen ...-- , Fathering Parcel F I 1,526,783 35.050 4 '4 (#2)1 15,000 16,500 18,000, 4,000 , , Fathering Parcel F2 729,208' 16.740 1 , 1,500 , Lot I 107,693, 2.472 1 , 1 , 7,500 10,000 i 1,000 ! . Lot 2 93,494' 2.146 1 1 7,500, 10,000 1,000 -, T 1,000 ! Lot 3 258,761 5.940 1 1 7,500 10,000 ... -~---_.__._-_._- Lot4 413,495 9.493 1 1 7,500 10,900 1,00Q.. Lot 5 420,050 9.643 1 , 1 7,500 10,000 1,000 . ..------ ....------ ---.-- Lot 6 666,897 15.310 1 , 1 , 7,500. ' 10,000 1,000 , -~---- .--- ---.- 1,000 ' Lot 7 155,641 3.573 1 1 7,500 10,000 Lot 8 141,810' 3.256 1 i 1 , 7,500 10,000 1,000 -... ..-- . , .----.--.-----. Lot 9 170,863, 3922 1 1 7,500 i 10,000 1,000 . Lot ]0 213,087 4.892 1 , 1 7,500 10,000 1,00.0 ..- Lot 1 J 240,499: 5.521 1 , 1 7,500 10,000 1,000 ! -+.._..__L,__...."..,_ Lot 12 1.~3,462 4.212 1 , 1 7,500 10,000 ,..1,000 Ranch Manager's Lot ' 3,400 RM 7,774 0.178 , 1 , (#3) Cultural Use Area: to be determined in LotC 87,158 2.001 future PUO to be determined in future PUO ----- , , , , Fisherpersons 'I'mct 2,928 0,067 , , , Total 6,359,971 146.005 17 12 1 Average overall density: units per acre 0.15minimum; acres per unit 6.80 minimum 4,08 acres per unit maximum (Calculation does not include 20 Acre Parcel, Cultural Use Area or Fisherpersons Tract.) 0.25 units per acre maximum Notes #1 Maximum number possible. AOUs may be between 600 and 1,000 sq,ft. #2 One AOU for each residential unit redeveloped over 4,000 sq.ft. #3 Maximum 3,000 sq.ft. of residential space plus maximum 400 sq.ft. of office space, Stage Road Subdivision/PU 0 Ordinance No.6, Series of2005 5 Dimensional Requirements Maximum Hei ht. Minimum Off-Street Parking S aces Setbacks for Ranch Mana er Lot Height for Ranch Manager Lot Minimum Front Yard Setback Minimum Side Yard Setback Minimum Rear Yard Section 2: Subdivision/PUD Al!reement. Within 180 days after final approval by City Council and prior to applying for Building Permit on any of the structures within the Subdivision, the Applicant shall record a SubdivisionlPUD Agreement binding this property to this development approval. The Agreement shall include the items detailed in Section 26.445,070 and Section 26.480.070, in addition to the following: I. The ownership and maintenance responsibilities of the common areas ofthe project. 2, A phasing plan, if applicable, for the construction of roads and infrastructure serving the development. 3, A statement binding the applicant and homeowners association to take over maintenance responsibilities associated with Stage Road at the time an Access/Infrastructure permit is issued for the installation of the subdivision infrastructure and/or road improvements, whichever comes first. 4, A statement binding the applicant and homeowners association to enforce the "no dog" provisions of the homeowners covenants and restrictions. Section 3: Buildinl! Permit/Access Infrastructure Permit Requirements. The building permit applications shall include/depict items I -I 0 as follows: I, A signed copy of the final ordinance. 2. The conditions of approval shall be printed on the cover page of each building permit set applied for within the development. 3, A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees, Tree removal permit applications shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site, 4. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements, 5. A fire sprinkler system plan showing that all residences are sprinklered with a system that meets with the requirements of the Fire Marshal. Stage Road Subdivision/PUD Ordinance No, 6, Series of2005 6 6, A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and accessing the construction sites within the subdivision, and the ability to request additional measures to prevent a nuisance during construction, 7, A construction site management and parking plan meeting the specifications of the City Building Department 8, Prior to issuance of building permit for each of the residences within the subdivision: The primary contractor on each lot shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood, All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement 9, Plans that show how the development of individual Lots 7 through II are in conformance with the View Lines as shown on Sheet 6 of the PUD plans, 10, An Access/Infrastructure Permit is required for road, utility and infrastructure improvements, Prior to the issuance of an Access/Infrastructure Permit by the Community Development Engineer, the applicant shall submit the required information as shown on the permit application checklist form supplied by Community Development Department and a Construction Management Plan (CMP) acceptable to the Community Development Engineer. No building permit will be issued by the City of Aspen for a certain lot until the roads and infrastructure serving the subject lot are completed, Section 4: Rezoninl!: to Affordable Housinl!:/Planned Unit Development (AH/PUD), Public (PUB), Speciallv Planned Area (SPA) and Conservation (C). The Official Zone District Map of the City of Aspen shall be, upon the recording of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect the zone districts and areas as shown in the application as Stage Road Subdivision Zoning Map, revision date 9/7/04 and 1/24/05 (attached as Exhibit A), to be specifically shown and described on the final PUD plans. The future site-specific development plan for the Cultural Use Area - Lot C, including uses and any restrictions or conditions concerning them, shall be determined and established in a subsequent PUD and SPA review. Section 5: Development Approved, I. Approved Lots, The development approves a total of eighteen (18) total lots, There are 14 free market lots that include 12 separate lots for single family/ ADU development; the Fathering Parcel "Lot FI" with 4 existing residential units; and the other piece of Fathering Parcel "Lot F2" for one cabin near Maroon Creek, The additional four (4) lots are a Ranch Manager's RO lot for I residential unit, a 2 acre cultural use lot, a fisherperson tract and a 21.5 acre parcel for affordable housing development This affordable housing parcel shall be conveyed by warranty deed by the Applicant to the City of Aspen promptly after the later of (I) the recording of a subdivision plat; or (2) expiration of the Appeal Period defined in Paragraph 20 of the Fourth Amended and Restated Pre-Annexation Agreement, dated December 6,2004, Such conveyance shall be designated for the affordable housing component of this 70/30% AH/PUD development Stage Road Subdivision/PUD Ordinance No, 6, Series of 2005 7 project and will be developed by the City of Aspen, The fisherperson tract shall also be conveyed to the City of Aspen, 2, Free Market Lots - FAR. The allowable floor area of houses, exclusive of accessory buildings, on each of the 12 free market lots (Lots 1-12) shall be 7,500 square feet. The allowable floor area of each house may be increased to 10,000 square feet with the purchase and extinguishment of one Transferable Development Right ("TDR") as such TDR's are established under the Pitkin County Land Use Code, from sending sites located within the upper portion ofthe Roaring Fork Valley (lands that drain through the Roaring Fork River at Gerbazdale) and said TDR shall allow for 2,500 square feet of additional allowable floor area, Such TDR shall be administered by the Community Development Director to ensure compliance with this section. The floor area shall be measured by using the City floor area regulations for square footage inclusions and exclusions as calculated under the City code provisions in existence on June 1,2000. Instead of providing a TDR for additional floor area, the owner ofthe lot seeking additional floor area shall have the right to make a payment in the amount of $240,000,00 plus an annualized increase in said amount of 3% computed thereon beginning on the first anniversary of the date of recording the Plat. If such fee in lieu is selected by said owner, it shall be made to the City's Housing or Open Space Fund. The choice of which fund is at the sole discretion of the City Council. The 12 Free Market Lots shall be zoned AH/PUD, 3. Free Market Lots - Building Envelopes, Landscaping, etc. Building envelopes for the free market lots shall be those shown on the Composite Plan sheet of the Final PUD Plans, Insubstantial amendments to the building envelopes will be reviewed and approved administratively by the Community Development Department. Those not qualified for administrative handling shall be evaluated pursuant to the City of Aspen Land Use Code standards and reviewed by the City Council. Landscaping associated with houses shall be limited to within 100 feet of building exteriors. Landscaping, ponds, fences, and ranch, farming, equestrian and recreational uses and accessory structures associated with equestrian activities shall be allowed outside of building envelopes on all lots, The remainder of the land within specific lots, but outside of building envelopes shall be subject to protective covenants that limit its use to agricultural, equestrian, recreation, or open space uses or otherwise incorporated into ranch use. All lands that are subject to the protective covenants shall be limited to the above uses or shall be required to remain in their natural vegetative state. The term "natural vegetative state" may include the introduction of indigenous plant and tree species as approved by the Community Development Department. 4. Accessory Dwelling Units, Each of the Free Market residences approved herein, shall include an Accessory Dwelling Unit (ADU) with a minimum of 600 square feet and a maximum of 1,000 square feet. Each ADU required to be constructed shall be constructed at the same time as the construction of the Free Market residence to which it is attributable, The ADU's shall be subject to the occupancy requirements and allowances of the City's ADU regulations in effect on June 1,2000, The square footage of the ADU's shall not be included in the calculation of square footage for the free market units, The ADU's may be either attached to the main residence or may be detached, The requirement to build an ADU may be exempted with the purchase and extinguishment of a Transferable Development Right (TDR) Stage Road Subdivision/PUD Ordinance No.6, Series of2005 8 from Pitkin County or by a payment in-lieu thereof in the same manner as for additional floor area for free market units as set forth in Subsection 2 above, (Each purchase and extinguishment of a TDR shall be designated for use as either an exemption of the requirement to build an ADU or to increase FAR,) No ADU is required for the cabin, but the residences on the Fathering Parcel shall have one for each residence if the residence is developed to over 4,000 sq. ft. or exempted by the purchase of a TDR or by a cash in lieu payment as set forth in Subsection 2 above, 5. The Fathering Parcel. The Fathering Parcel generally refers to Lots FI and F2. Lot F I shown on the Composite Plansheet in the application is currently developed with four (4) residential units and agricultural buildings, Through this ordinance, Lot F is approved to be subdivided into separate parcels: o One lot (FI) for general residential Ranch Complex uses that can be redeveloped with a total maximum nwnber offour (4) residential units and the floor area expansions as provided for in this ordinance, and the allowance of floor area of up to 40,000 square feet for non,residential agricultural buildings, o one lot (F2) for the Cabin Site that can be developed with one cabin and includes conservation land. (The cabin is addressed in Subsection 6, below.), o one lot (RM) for the Ranch Manager's RO residence, and o one lot (C) for the Cultural Use Area. No further subdivision is allowed of these parcels except for the possible internal subdivision of land within the Lot C, Cultural Use Area, with proper amendments approved, and for the possible condominiumization of the residences located on Lot F I. The allowable floor area for the four (4) residences on the Fathering Parc~l shall be a total of 15,000 square feet shared among the residences. The floor area of 15,000 square feet may be increased to a total of 18,000 square feet with the purchase and extinguishment ofTDR's from Pitkin County. Only two (2) TDRs may be used each allowing 1500 square feet of additional allowable floor area, or at the option of the lot owner, a payment-in-lieu for each TDR (as provided for in Subsection 2 above) in order to increase the allowable sizes of the houses up to the maximum stated herein, The total FAR may be divided among the four (4) houses at the option ofthe owner of Lot Fl. Floor areas shall be measured by using the City floor area regulations for square footage inclusions and exclusions as of June 1,2000. Agricultural (non-residential) ranch buildings that exist on property are allowed to increase and/or be replaced to a maximum square footage of 40,000 sq, ft. in the aggregate. Such agricultural buildings are approved and allowed to expand or be replaced to this limit by obtaining a building permit. These buildings shall be measured and used for Agricultural Uses, defined as follows: Agricultural Uses: The use of'land and buildings for the production of' crops, animals, animal products, and the keeping of livestock including riding stables, arenas, orchards, nurseries, flower production, dairy operations, fisheries, animal husbandry services, or similar uses. Stage Road Subdivision/PUD Ordinance No, 6, Series of2005 9 Agricultural uses shall not receive the general public or support a membership or academic cluh, Conservation (C) zoning is applied to this parcel with a Specially Planned Area overlay to allow for the continued residential use and expansion in this zone district. SPA Plan approval for Lot F I is specifically granted hereby for the development allowed and described in the preceding paragraphs. The City acknowledges and agrees that the rights granted hereby for development on the Fathering Parcel are exempt from the City's GMQS due to the extent of the lawful pre- existing development and residential uses on the BarlX Ranch, which has "grandfathered" legal status under current Pitkin County Zoning and pursuant to the provisions of the AHlPUD Zone, Notwithstanding the above, if any existing residential unit on the Fathering Parcel is replaced with a new unit that exceeds 4,000 square feet in area, then, as described in Subsection 4 above, an ADU shall be either constructed or be exempted by the purchase and extinguishment of a TDR from Pitkin County or by the cash in lieu payment as provided in Subsection 2 above, in the same manner as for other free market units, 6, The Cabin, The Cabin proposed for the Cabin Site of Lot F2 shall have a maximum allowable Hoor area of I ,500 square feet. The Hoor area shall be measured by using the City Hoor area regulations for square footage inclusions and exclusions as of June 1,2000, The right to build a cabin shall be subject to Applicant being able to satisfy reasonable requirements for the provision of fire and emergency services; provided, however that due to the desire to avoid direct, year round, road access to the cabin, alternative access such as via a stairway or funicular will be permitted and in such case the cabin shall be sprinklered, a fire hydrant, hoses and other non-vehicular fire fighting equipment shall be placed at or near the cabin and the Applicant shall execute a waiver and release of claims in favor ofthe City and all emergency service providers for any injuries, death, or property damage which may occur due to the absence of a year round road to the cabin, 7. The Cabin - Additional Restrictions, The site of the cabin shall be subject to Sec, 26.435.040 ofthe City of Aspen Land Use Code or any other provisions of said Code related to aesthetics, wildlife migration corridors, trail development, river impacts and other similar matters and where necessary, approved by the Planning and Zoning Commission pursuant to the above referenced section, The Applicant understands that construction of the cabin may cause unreasonable disturbance to wildlife during certain times of the year. The lot containing the cabin shall be burdened with restrictive covenants that (i) if approved by the Fire Marshall, prohibit the construction of a future access road to the cabin site; (ii) limit lighting of the cabin to periods of time when it is occupied; (iii) prohibit dogs on the cabin site at all times; and (iv) limit exterior construction to the months of July through September of each year. Following the construction of the cabin, the Applicant shall be responsible for the complete restoration of any construction access roads or utility access easements required during construction, 8, Ranch Manager's RO Lot. The Ranch Managers (RM) lot is approved as a residential lot, zoned AH/PUD, for a single Resident Occupied Unit. The building envelope is established in the final PUD plan and may have a maximum Hoor area of3,400 square fcet. Stage Road Subdivision/PUD Ordinance No.6, Series of2005 10 The maximum height is restricted to 25 feet and 15- foot setbacks are required on all sides except the north side is set at 5 feet. This lot shall remain the property of the Applicant, except if sold to the Ranch Manager, and shall have the right to connect to (1) the Burlingame Ranch AH project public road system, and (2) adjoining Burlingame Ranch AH project utilities. The Applicant shall have the right to use this lot in a manner allowed by the City of Aspen Municipal Code and the AspenlPitkin County Affordable Housing Guidelines, including retaining or disposing of title provided that the lot is occupied by an employee engaged for employment on the Bar/X Ranch. Before the recordation of the final Plat, Applicant shall prepare for the City Attorney's review, a deed restriction consistent with this paragraph to be recorded for this RO unit. Said RO unit shall not be counted towards the proposed number of units of the affordable housing component of the project. The cost of building the RO unit shall be borne entirely by the Applicant or the Ranch Manger, including the cost of any utility lines such as water, electric, cable, etc. taken from a point where these utilities are installed by the City to serve the Burlingame Ranch AH development. 9. Cultural Use Lot. The Cultural Use (C) lot is approved as a separate two (2) acre lot, zoned Public (PUB), and is intended to provide for a cultural/educational multi-use complex under the general uses of the PUB zone district. The lot also is zoned with a Specially Planned Area (SPA) overlay so that land uses shall be specifically established along with a site-specific development plan. No site-specific development plan for this lot is approved through this ordinance. All of the land uses, design and dimensional requirements shall be established through a PUD Amendment and a Specially Planned Area approval to the Stage Road Subdivision/PUD. Such amendment ofthe PUD and SPA review shall be handled by the City Council as a continuation of the COWOP designation ofthe property, The Cultural Use lot is approved for Agricultural Uses as defined in subsection 5, above, until such time as other uses are proposed and approved. Section 6: Residential Desi2n Standards. The Design Guidelines of the Stage Road Subdivision/PUD shall apply to and guide all residential development, except for the Cultural Use Lot which shall be determined in conjunction with a PUD amendment process, The City of Aspen Residential Design Standards set forth in Land Use Code Section 26.410 shall not apply to this development. Such guidelines shall be recorded with the Final Subdivision/PUD Agreement. Section 7: Maroon Creek Viewlllane. Construction on the free market lots shall not impact the "Maroon Creek Viewplane" as depicted on Sheet 6 ofthe Final PUD Plan, The purpose ofthe Maroon Creek Viewplane is to ensure that no rooms, decks, or lighting create an adverse visual impact as viewed from the floor of the Maroon Creek Canyon and to a height of six (6) feet above such floor in the area below each home site. The General Declaration of Covenants, Conditions and Restrictions to be imposed upon the free market lots shall include a covenant restriction requiring, prior to construction on any such lot, a site specific analysis by a certified surveyor or engineer demonstrating that the proposed construction does not impact the Maroon Creek Viewplane as established on Sheet 6 of the Final PUD Plan, The City of Aspen and the Adjoining Properties (as herein defined in Section 9) shall be a beneficiary of this covenant. Stage Road Subdivision/PUD Ordinance No.6, Series of2005 11 Section 8: Gates and Fencin!!:. No gates are allowed at the entrance to or within the Stage Road Subdivision/PUD. All fencing in or surrounding the free market lots shall be of a design, type and material that is approved by the Colorado Division of Wildlife as consistent with ranch operations and which does not unreasonably impede the movement of wildlife. The following design parameters are approved. o The top wire of the fence will not be barbed and will not exceed 42" above ground level. o The bottom wire of the fence will not be barbed and will not be less than 16" above ground level. o Intermediate wires may be barbed but will not be closer than 8" to the top and bottom WIres, o Bar/X Ranch will be allowed a period of3 years to conform all fences to this design, o Although the pre-annexation agreement allows for the installation of different fencing along Stage Road and along the boundary with the Burlingame Ranch AH project, the Applicants shall initially install the same fencing defined above, and shall only alter it if trespassing becomes a problem, Such change may be approved administratively by the Community Development Director. Section 9: Access, Circulation and Streets. All roads and driveways must meet the minimum standards, including accommodation of turning movements of fire trucks of the Aspen Fire District to allow for emergency access to all lots. Road widths are approved as proposed in the Bar/X Ranch Engineering Plan, C-4.2; however, a minimum oftwo (2) foot wide shoulders are required on Stage Road (which may be road-based sloped shoulders that are meant to structurally stabilize the traveled road surface and not to widen the traveled road surface itself.). Special provisions for access to the cabin are explained in Section 5, Subsections 6 and 7, The City of Aspen will be responsible for maintaining Stage Road prior to the road maintenance responsibility being shifted to the Stage Road Homeowner's Association. Stage Road will be vacated in compliance with 43-2-301, et. Seq" C.R,S, and the Applicant shall provide permanent non-exclusive easements to the adjoining properties presently owned by Connie Harvey and David Belford ("Adjoining Properties"). Upon and after takeover of Stage Road by the Association, the standard and quality of maintenance (including maintaining the Road Oyl surface) shall be that normally enjoyed by the citizens ofthe City of Aspen for public streets bearing equivalent traffic and shall meet with the approval ofthe City of Aspen Street Department. The City of Aspen shall act as a liaison for the Adjoining Properties to ensure that the obligations of the Association are promptly and properly performed, If the Association shall fail to perform its obligations with respect to Stage Road, the City of Aspen shall perform those obligations and shall have a cause of action against the Association for the cost thereof, costs of collection and reasonable attorney fees. Until such time as the Applicant shall turn control of the Association over to the members/lot owners, the Applicant shall guarantee the Association's obligations for road maintenance. The City of Aspen will bear the cost of only the proportional share of future road maintenance and repair associated with any increase in the number of dwellings on the Stage Road Subdivision/PUD Ordinance No.6, Series of2005 12 Harvey and Belford properties from the number that exist on May 21, 2001, without any requirement of reimbursement from the owners thereof. The Applicants shall amend the application and associated covenants, agreements and documents for the PUD such that the owners, at any time, of the Adjoining Properties, their agents, invitees, guests, service personnel and grantees shall have permanent unobstructed access to those properties via Stage Road with no cost to such owners for maintenance, repair or improvement of Stage Road. The owners of the Adjoining Properties shall be direct beneficiaries of those documents as to the rights and benefits thereof conferred upon them with the right to specifically enforce the provisions thereof and such status shall be acknowledged therein, The provisions contained therein relating to the rights and benefits conferred thereby for the benefit of the Adjoining Properties shall not be amended or rescinded without the written consent of the owners of the Adjoining Properties. Section 10: Water Department Standards. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Municipal Code Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department The Applicant shall work with the Water Department to establish water line locations and necessary easements to allow for efficient and compatible line locations and easements in conjunction with the Burlingame Ranch AH development In the event of any inconsistency with said standards and the terms of the Water Service Agreement attached as an exhibit to the Fourth Amended and Restated Pre-Annexation Agreement, dated December 6,2004, the terms of the Water Service Agreement shall control. Section 11: Sanitation District Standards. The Applicant shall work with the Aspen Consolidated Sanitation District to establish sewer line locations and necessary easements to allow for efficient and compatible line locations and easements in conjunction with the Burlingame Ranch AH development The Applicant shall comply with the following Aspen Consolidated Sanitation District rules and regulations, I. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction, 2, All clear water connections are prohibited, i.e, ground water, (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. 3. On-site drainage plans require approval by the district, must accommodate ACSD service requirements and comply with ACSD rules, regulations and specifications, 4, On-site sanitary sewer utility plans require approval by ACSD. 5. Oil and Sand separators are required for public vehicle parking garages, Containment areas will be required for the hydraulic lift facility and generator fuel tanks, 6. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. Stage Road Subdivision/PUD Ordinance No.6, Series 01'2005 13 7, Plans for interceptors, separators and containment facilities require submittal by the Applicant and approval prior to building permit. 8. When new service lines are required for existing development the old service line must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 9, Generally one tap is allowed for each building, Shared service line agreements may be required where more than one unit is served by a single service line, as in the case of an ADU, ] 0, Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. II, All ACSD total connection fees must be paid prior to the issuance of a building permit. 12. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Section 12: Fire Department, Sprinkler and fire alarms are required in all of the buildings. The sprinkler and alarm designer should meet with the Fire Marshall before starting design, Adequate water volume and pressure for the sprinklers will need to be shown, Section 13: Trees and Landscapinl!. For landscaped areas that are common in nature or part of the infrastructure of the development, seed mixes and specific landscaping features must be specified on the Landscape Sheet of the Final PUD Plans, These plans must meet with the approval of the Parks Department. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved such that no excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line, The Parks Department must be contacted to inspect this fence before any construction activities commence, At the time of building permit application for each lot, the Applicant shall provide detailed landscape plans (including seed mixes), restoration plans, and erosion control plans, that meet with the approval of the Parks Department. Stage Road Subdivision/PUD Ordinance No.6, Series of2005 14 Section 14: Transportation Manae:ement/PM 10 Mitie:ation, The Applicants shall only utilize a suitable road surface dust suppressant to be used during construction and over time as found acceptable to the Environmental Health and Streets Departments, The Applicant has agreed to provide cash in lieu in an amount comparable to the originally proposed shuttle van service. The amount of such payment is to be determined and planned for use in conjunction with the transportation planning for the Burlingame Ranch Affordable Housing development, as determined to be appropriate by the Director of Transportation of the City of Aspen. Section 15: Vested Ri!!hts. The land use approvals and GMQS allotments received by the Applicant shall vest for a period oftwenty-five (25) years or such longer time as may be allowed under any applicable law, regulation or court decision. The vested rights shall last for a period of 25 years after the date the final PUD and subdivision plat is recorded. Such vesting shall apply to all the rights and entitlements set forth in the Fourth Amended and Restated Pre-Annexation Agreement, dated December 6, 2004, or a Final Annexation Agreement if any, between the City of Aspen and Bar/X Ranch, and the final development order for the Stage Road Subdivision/PUD, Section 16: Further Subdivision, The Stage Road Subdivision/PUD, shall be deed restricted in perpetuity against any further subdivision, except that this restriction shall not limit the condominiumization of the residences located on Lot F I upon filing of the required condominium plat, an amendment to the development plan which results in residential density that is equal to or less than the density approved through this ordinance for the final development plan, and the possible internal subdivision of land within the Lot C, Cultural Use Area, with proper amendments approved, Section 17: School Land Dedication Fees, School Land Dedication Fees shall be assessed based on one-third the value of the unimproved land within the Stage Road Subdivision/PUD valued as of September 22, 2004, divided by the proposed fourteen (14) new residential lots (12 free market lots, one cabin site (Lot F2) and one Ranch Manger's RO lot) on a per acre basis according to the Land Dedication Standard of Section 26,630,030 of the City of Aspen Land Use Code, The calculation shall not include units within the proposed affordable housing parcel (the 20-acre parcel) commonly referred to as the Burlingame Ranch AH project. The calculation shall not include and fees shall not be required for the four (4) existing residential units on Lot FI of the Fathering Parcel at this time or at the time of expansion as allowed through this ordinance. Notwithstanding the foregoing, the valuation for the parcel containing the cabin site may be based upon a valuation that takes into account the conservation easement on the land upon which it is located which is a requirement ofthe subdivision approval of the Stage Road Subdivision/PUD. The City of Aspen shall verify the unimproved land value of the lands underlying the Project from information provided by the Applicant and information trom the Pitkin County Assessor. The subject subdivision is not conducive to locating a school facility and a cash-in- Stage Road Subdivision/PUD Ordinance No.6, Series of2005 15 lieu payment shall be accepted, A schedule specifying the school impact fees shall be included in the Subdivision Improvement Agreement, or a subsequent amendment thereto. The project shall not be subject to amendments to impact fees required by the City of Aspen, including new impact fees or amendment to existing impact fees, during the period of vested rights. Substantial amendments to the project that increase impacts that relate to impact fee categories shall require a new calculation of impact fees. Impact fees commensurate with each residential unit shall be payable upon issuance of a building permit for such residential unit and paid by the applicant for said building permit. Section 18: Park Development Impact Fees, Park Development Impact Fees shall be assessed at the time of building permit issuance based on the current code in place at the time. Section 19: Noise. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m, and 7 p.m. Monday through Saturday, Section 20: Lil!htinl!. All exterior lighting shall meet or be more restrictive than the City of Aspen Lighting Code pursuantto Land Use Code Section 26.575.150, Outdoor Lighting, as may be amended from time to time, The provisions regarding lighting contained within the Stage Road Design Guidelines shall be enforced by the homeowner's association, Section 21: Annexation. All approvals contained within this ordinance shall be subject to the successful annexation of the subject property into the City of Aspen, All approvals contained herein shall be null and void should annexation not occur. Section 22: Amendment Process for COWOP Proiect The Stage Road Subdivision/PUD is a COWOP project, and as such, amendments to the PUD Development Order and all approvals associated with the PUD and contained within this ordinance shall be handled in a manner consistent with the COWOP process, except as otherwise noted in this ordinance. Insubstantial amendments to a Stage Road Subdivision/PUD development order may be authorized by the Community Development Director. Other amendments found by the Community Development Director to not be insubstantial may be approved by the City Council pursuant to Convenience and Welfare of the Public, Section 26.500.050 E. At the discretion of City Council, a COWOP team may be convened to consider the amendment and provide advise to City Council pursuant to 26.500.050 D, Stage Road Subdivision/PUD Ordinance No.6, Series of2005 16 Section 23: Prior to recordation of the Final PUD Plans, the plans to be recorded shall demonstrate substantial compliance with the representations and drawings made and presented during the project review. Section 24: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing, in the application or documentation presented before the Community Development Department or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions, Section 25: 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 26: 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 27: The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 28: A public hearing on the Ordinance shall be held on the 14th day of February, 2005, 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 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 24th day of January, 2005, Attest: Kathryn S, Koch, City Clerk Helen K. Klandernd, Mayor Stage Road Subdivision/PUD Ordinance No.6, Series of2005 17 FINALLY, adopted, passed and approved this _ day of ,2005. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor Approved as to form: City Attorney Exhibit A - Zoning Map for the Stage Road Sub/PUD property MyDocslBarSlashXSubPUD/F eb 140rdinance21.doc Stage Road Subdivision/PUD Ordinance No.6, Series of2005 18 EXHIBIT A FINAL PUD: STAFF FINDINGS PLANNED UNIT DEVELOPMENT. A development application for PUD shall comply with the following standards and requirements (staff findings follow each requirement): A. General requirements. I. The proposed development shall be consistent with the Aspen Area Community Plan (AACP). STAFF FINDING: I DOES IT COMPLY? I YES The proposed development is consistent with the AACP. As part of the pre-annexation agreement that was entered into between the Applicant and the City, it was agreed that the Applicant would provide the City with land in which to construct up to 330 units of affordable housing, which could be used to serve as affordable housing mitigation for the construction of the free market residential units proposed in this application. As a result, the overall proposal for the area consisting of this development request in combination with the City's Burlingame Ranch affordable housing proposal provides a development that, by virtue of its location, enables travel by foot, bicycle, and public transportation, and preserves open space. Additionally, the two development proposals combine to provide affordable housing, enhance pedestrian corridors, and reinforce the eclectic mix of design styles within the community to maintain and enhance the character of the area, The Community Plan specifically encourages public-private partnerships to ensure success in providing affordable housing within the community. Staff believes that this development proposal in conjunction with the Burlingame Ranch affordable housing project qualifies as a case study of a successful public-private partnership that is going to deliver benefits for all involved - particularly the citizens of Aspen that will have access to over 200 units of AH. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. I STAFF FINDING: I DOES IT COMPLY? I YES Stage Road Subdivision/PUD Staff Findings Page I The proposed development will be consistent with the character of existing land uses in the surrounding area. The subject site is surrounded mostly by land of a rural character with strong agricultural components centering on cattle ranching, The Burlingame Ranch AH will be a compact development that incorporates these elements into the overall design strategy. It and the Harvey Subdivision (located to the South/West) are the only properties with contiguous land where development will occur in the future, The free market units will be constructed on large lots, restricted by conservation easements, connected by an unpaved road and strive to maintain the rural character of the area. Additionally there will be a large tract of land zoned as Conservation and reserved for the continuation of the well-established ranching life style that has been a part of the site since the nineteenth century. 3, The proposed development shall not adversely affect the future development of the surrounding area. STAFF FINDING: I DOES IT COMPLY? I YES This development should not have adverse effects on the future development of the surrounding area, 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. STAFF FINDING: T DOES IT COMPLY? I YES As was stated in Staffs response to PUD review standard A(I) above, the City's development of the Burlingame Ranch affordable housing project on the land provided by the Applicant will serve as the affordable housing mitigation for the free market residential units proposed herein, As a result, the proposed development is exempt from GMQS pursuant to Land Use Code Section 26.470.070(L), Free market residential, AH associated, This is confirmed by the terms of the pre-annexation agreement. Exemption for the Cultural Use Area is requested under 26.470,070.H and will not be addressed in this application. The Applicant will need to submit a separate PUD amendment including a specific development plan for that area prior to its development. B. Establishment of Dimensional Requirements: The PUD development plans shall establish the dimensional requirements for all properties within the PUD, The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD, The proposed dimensional requirements are listed below: Stage Road Subdivision/PUD Staff Findings Page 2 Imenslona eQUlrements art 12 Single-family free market residences with Maximum Allowable Density ADU's, the Fathering parcel with one main residence, up to three additional residences, and a cabin. Minimum Front Yard Setback Per Approved Building Envelopes Minimum Side Yard Setback Per Approved Building Envelopes Minimum Rear Yard Per Approved Building Envelopes Maximum Height. 30 feet measured from existing grade to the highest voint of the structure 7,500 square feet that may be increased to Single-family Lots Allowable Floor 10,000 square feet with the purchase and extinguishment of a Pitkin County TOR or Area payment into the Housing or Open Space Fund, 15,000 square feet for all residences on the parcel with the exception of the cabin. May be increased to 18,000 square feet Fathering Parcel Allowable Floor Area with purchase and extinguishment oftwo (2) Pitkin County TOR's, Cabin shall have an allowable FAR of 1,500 square feet. Minimum Off-Street Parking Spaces Two (2) parking spaces for each single-family residence and one space for each ADU, D' IR Ch I, The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards, c) Existing natural characteristics ofthe property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms, d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources, I STAFF FINDING: I DOES IT COMPLY? I YES Stage Road Subdivision/PUD Staff Findings Page 3 Staff believes that the proposed height, floor area, and setbacks that are being established through the PUD are compatible with the existing land uses in the surrounding area, Maximwn allowable density, allowable floor area, home site locations and lot sizes have been determined by the pre-annexation agreement. Overall density is greatly reduced from that obtainable from the existing Pitkin County zoning, and the dimensional requirements on the project are compatible with neighboring projects such as the recent Harvey Subdivision and the Red Butte Subdivision (Stein Ranch). The maximum height of the buildings, as measured from undisturbed grade to the highest point, will be limited to no higher than thirty (30) ft. and the homes will be designed with a horizontal emphasis to reduce visual impacts, There are no home sites on the irrigated meadows which will be preserved with designation of Conservation (C) Zoning. The project includes a signiticant setback from the river corridor and takes special care to oreserve those sensitive lands, 2, The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. STAFF FINDING: I DOES IT COMPLV? I YES Staff believes that the type of development and density proposed is appropriate and favorable to the character of the area. Care has been taken to make the structures work well within the character of the proposed PUD and much of the existing Bar/X Ranch will remain undeveloped and protected under conservation zoning, 3, The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable nwnber of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. STAFF FINDING: 1 DOES IT COMPL v? I YES Two off-street parking spaces will be provided for each free market house along with one more for each ADU. Therefore, the proposal will more than satisfy the City's typical off-street parking requirements of two (2) off-street parking spaces for each single-family residence and one parking space for each ADU. 4, The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities, Specifically, the maximum density of a PUD may be reduced if: Stage Road Subdivision/PUD Staff Findings Page 4 a) There is not sutlicient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. STAFF FINDING: 1 DOES IT COMPLY? I YES At the time of finalizing the pre-annexation agreement, it was determined that there are sufficient water, utilities, roads and snow removal services available to the site, The exact location of some of the utilities has not been completely identified but will need to be at the time infrastructure construction drawings are submitted for Access jlnfrastructure permit application and in conjunction with final planning for Burlingame Ranch. 5, The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City, d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. STAFF FINDING: I DOES IT COMPLY? I YES Staff sees no need to require a reduction in the density being proposed due to natural hazards or critical natural site features, 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated, Stage Road Subdivision/PUD Staff Findings Page 5 c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics, STAFF FINDING: T DOES IT COMPLY? I YES Burlingame Ranch, the affordable housing component of this development, is dense and has provisions to increase its density over time as appropriate, Additionally, the site has been well studied and multiple plans submitted to achieve the best balance of density that still allows for a rural "feel" and high standards of livability, Staff sees no need to increase the density of the free market units as the maximum density has already been established in the pre-annexation agreement All of the free market home site locations are in areas that have been disturbed by ranching and farming and are not in a natural state, Most of these areas are currently dry grazing areas containing sage scrub, but have been irrigated from time to time in the past Land which is unsuitable for development by reason of soils or geology problems, or where development might be detrimental to the natural watershed has been avoided, C. Site Design, The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1, Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. STAFF FINDING: I DOES IT COMPLY? I YES The unique natural features such as the river and natural open space are to be conserved through conservation easements, Structures will need to be set back from the top of the river bluff so as to preserve view planes from Maroon Creek Canyon. The existing man-made historic structures of interest such as the irrigated meadows, ranch house and barn will also be preserved, 2, Structures have been clustered to appropriately preserve significant open spaces and vistas, STAFF FINDING: 1 DOES IT COMPLY? I YES Structures on the Fathering Parcel and the free market home sites have been clustered to preserve the historic irrigated meadows and major scenic vistas. The siting of the building envelopes minimizes the visual impact of the free market development on the affordable housing (Burlingame Ranch) and the surrounding area, Provisions have also been included in the application that require the proposed free market residences to be designed in a manner that limits their visibility from the floor of Maroon Creek Canyon at its narrowest point Stage Road Subdivision/PUD Staff Findings Page 6 3, Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. STAFF FINDING: I DOES IT COMPLV? I YES The site design strives to minimize the impact of vehicular movement and all streets will be private. The streets will be graveled, fairly narrow and should take on a rural character. The sidewalk can support pedestrians and/or bicyclists to allow for connecting to the public path along Highway 82, 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access, STAFF FINDING: I DOES IT COMPL v? I YES The Fire Marshal has reviewed the proposal and has indicated that the proposed design will enable adequate vehicular access for emergency service vehicles to access the buildings throughout the site, However, the turning radii on the access road need to meet the requirements of the Fire Department. 5, Adequate pedestrian and handicapped access is provided, STAFF FINDING: T DOES IT COMPLV? I YES The design of the free market units doesn't limit accessibility, Each of the individual free market residences will be required to meet any applicable accessibility requirements in place at the time of building permit application, 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. STAFF FINDING: T DOES IT COMPLV? I YES Because of the high percolation rates of the soils, distributed site drainage has been adopted using constructed wetland areas as sumps. A final drainage plan shall be submitted to the City Engineer for review and approval prior to issuance of a building permit on each of the individual residences. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use, I STAFF FINDING: I DOES IT COMPLV? I YES Stage Road Subdivision/PUD Staff Findings Page 7 Given the rural nature of the Stage Road Subdivision free market development, the only programmatic function that has to be accommodated is cattle ranching, Appropriate design has been utilized to accommodate that function, This finding will need to be reevaluated with any development of the Cultural Use area; however, preliminarily, that area should have adequate access, utilities and distance from other uses, 0, Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property, The proposed development shall comply with the following: I. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2, Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate, STAFF FINDING: I DOES IT COMPLY? I YES Per the terms of the pre-annexation agreement, urban landscaping by the free market homes is limited to within 100 feet of the buildings on the home site, and irrigation using municipal water is limited to 10,000 sq. ft. per lot. The urban landscape boundaries are in many places constrained to much less than 100 feet by building envelopes, lot lines, and other restrictions. The landscape plan also calls for berming and planting along the lot lines between adjacent home sites, and untreated irrigation water from the ranch's ditch system will be used to support these areas, and portions of lots not irrigated by municipal water supply. All irrigation using the Landowner's irrigation rights will be under control of the ranch manager. The free market homeowner's association will be obliged to perform annual weed control under the advice of a professional biologist. The significant natural and man-made features are being preserved through conservation easements, The Landowner believes that no existing trees will be felled in constructing the entire free market component. The Design Guidelines will enforce strict protection of all vegetation and landscape outside the building envelopes and urban landscape boundaries. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon thc suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly Stage Road Subdivision/PUD Staff Findings Page 8 represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: I, Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources, 2. Incorporate, to the extent practical, natural heating, and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non, or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance, STAFF FINDING: I DOES IT COMPLY? T YES The application does not propose specific architecture for each of the individual residences but does include design guidelines by which each ofthe individual residences will be required to be constructed, These design standards address aesthetic features like massing, roof forms, and color. Additionally, the design guidelines address features of "green construction" that are required such as designing the residences to be energy efficient and to use solar gain. Staff believes that the design guidelines proposed by the Applicant ensure that the residences within the subdivision will be built with a rural architectural character and identity. F, Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns, The following standards shall be accomplished: I. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents, Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. STAFF FINDING: I DOES IT COMPLY? I YES The design guidelines propose outdoor lighting restrictions that are consistent with, or more restrictive than, the City's outdoor lighting code established in Land Use Code Section 26.575.150, Outdoor Lighting. G, Common Park, Open Space, or Recreation Area, Stage Road Subdivision/PUD Staff Findings Page 9 If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: L The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2, A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3, There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. STAFF FINDING: I DOES IT COMPLY? I YES There are no common areas in the free market component. H. Utilities and Public facilities, The purpose ofthis standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden, The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost ofthe developer. 3, Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. STAFF FINDING: I DOES IT COMPLY? I YES The public financial burden is specified by the pre-armexation agreement with both the City of Aspen and the Applicant sharing costs for utilities and infrastructure, 1. Access and Circulation, The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates, The proposed access and circulation of the development shall meet the following criteria: I. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use, Stage Road Subdivision/PUD Staff Findings Page 10 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. STAFF FINDING: I DOES IT COMPLY? I YES The free market lots will have access to a public street by means of private roads with an appropriate dedication to public and emergency access, Studies have shown that Stage Road, Club Circle and the Highway 82 Underpass are capable of carrying traffic loads in excess of those to be generated by the proposed development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. STAFF FINDING: I DOES IT COMPLY? I YES The Burlingame Ranch affordable housing development design associated with this free market proposal contains pedestrian trails that would connect to the AABC and the trail adjacent to Highway 82. However, the area of the free market component of the Stage Road PUD has not historically contained pedestrian or recreational trail usage, No new access is proposed to the river corridor, but a new walkway is proposed along Stage Road, 4, The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. STAFF FINDING: I DOES IT COMPLY? I YES No specific plans regarding trail or transportation are known to be adopted that specifically address the area of the Bar/X Ranch, The Parks department would like to have a trail along Stage Road South leading towards Highway 82, The Applicants have not agreed to accommodate this trail. The general recommendations of the AACP are implemented with this plan, 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access, I STAFF FINDING: I DOES IT COMPLY? I YES Stage Road Subdivision/PUD Staff Findings Page 11 The road servlcmg' the private driveways to the single-family residences shall be maintained by the City until such time as the as a homeowner's association for the subdivision is established, When the homeowner's association is established pursuant to the terms specified in the attached ordinance, the homeowner's association will take over maintenance of the road, Then, once the Caudill and Harvey properties are developed with additional density, the City will assume a prorated cost of the road maintenance consistent with the road usage of the Caudill and Harvey properties. Further, appropriate public and emergency access will be granted by means of an emergency access easement. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. STAFF FINDING: I DOES IT COMPLY? I YES A traditional-style steel ranch entrance is proposed where Stage Road enters the ranch. No other entry way expressions, other than ordinary signage, are proposed and a lockable, community gate is neither proposed nor permitted through this ordinance. J. Phasing of Development Plan, (Note: this criteria does not apply to Conceptual PUD applications) The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately, If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan, The phasing plan shall comply with the following: I, All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases, 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. STAFF FINDING: I DOES IT COMPLY? I YES There is no plan to phase the development at this time. However, given the clustering of the free market home sites, phased development meeting the code criteria is quite feasible. Because of the 25 year vesting period, the applicant desires to retain the ability to submit a phasing plan, if desired, at such time development commences, Stage Road Subdivision/PUD Staff Findings Page 12 GMQS EXEMPTIONS: STAFF FINDINGS GMQS EXEMPTION: FREE MARKET RESIDENTIAL, AH ASSOCIATED. A development application for a GMQS exemption for free market residential units with associated affordable housing shall comply with the following standards and requirements (staff findings follow each requirement): Seventy percent (70%) of the projects total bedrooms shall be deed restricted affordable housing and the development shall be zoned AH/PUD. STAFF FINDING: I DOES IT COMPL v? I YES As was discussed in the Staff Memo, the Applicant has provided land for the City to develop up to 330 units of deed-restricted affordable housing in conjunction with the Stage Road PUD. The pre,annexation agreement entered into between the City and the Applicant, establishes that the Burlingame Ranch affordable housing to be developed by the City may serve as affordable housing mitigation for the Stage Road PUD. Additionally, the application has requested rezoning portions of the property to the Affordable Housing IPUD zone district. Please see Staff s responses to the rezoning request for more detaiL Stage Road Subdivision/PUD Staff Findings Page 13 AMENDMENT TO THE OFFICIAL ZONING MAP: STAFF FINDINGS REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the following review standards shall be considered: A. Whether the proposed amendment is in conflict with any applicable portions of this title, STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the proposed zoning application is not in conflict with any portion of Title 26 of the Aspen Municipal Code, All of the dimensions in the AH/PUD zone district in which a majority of the property is to be rezoned are to be established through the PUD pursuant to Land Use Code Section 26,710.110, Affordable Housing/ Planned Unit Development Zone District. Additionally, the Cultural Use development plan for the portion of the property that is proposed to be zoned Public will be established through a subsequent PUD/SP A application, All of the dimensional requirements and uses for the Cultural Use area shall be established in this subsequent development application as are consistent with the requirements of the Public zone district. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan. Please see Staffs response to PUD Review Standard A(l) for details on how Staff believes the development proposal is consistent with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics, STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed zoning is compatible with the surrounding zone districts and land uses, The land uses in the immediate vicinity include both free market and affordable housing development as is proposed on the portions of the property to be zoned AH/PUD. Moreover, the surrounding areas contain agricultural uses that are consistent with the uses that are established in the City's Conservation zone district that is being applied to a large portion of the subject property, D. The effect of the proposed amendment on traffic generation and road safety, Stage Road Subdivision/PUD Staff Findings Page 14 STAFF FINDING: I DOES IT COMPLY? TYES The PUD overlay provides a mechanism to consider the impacts of development on road safety, The site has adequate access for the intended level of traffic, Staff does not expect any degradation of road capacity due to this project. E, Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities, STAFF FINDING: I DOES IT COMPLY? I YES The rezoning in and of itself would not directly result in demands on public facilities that would exceed the City's capacity. The infrastructure demands and impacts brought about through the development (by virtue of the rezoning) are addressed through other mechanisms that the City of Aspen has in place, such as impact fees, subdivision infrastructure requirements, road standards, etc. The development's ability to provide adequate public facilities is being reviewed as part of the PUD portion of the application, Please see Staff s response to PUD review standard B( 4) for more details. F, Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. STAFF FINDING: I DOES IT COMPLY'! 1 YES The Applicant has considered the proposed development's impact on the natural environment and has designed it in a manner that will not significantly detract from the rural nature of the area. G, Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen, STAFF FINDING: I DOES IT COMPLY? I YES Staff feels that the character of the free market development proposed in the Stage Road Subdivision/PUD is consistent with the character of uses in the immediate area, Additionally, Staff believes that the proposed zoning preserves much of the area that currently operates in a ranching capacity by providing it with Conservation zoning, H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. I STAFF FINDING: I DOES IT COMPLY? I YES Stage Road Subdivision/PUD Staff Findings Page 15 Rezoning is necessary for the Stage Road Subdivision to occur and for the City to obtain the land upon which Burlingame Ranch is to be developed, Other aflordable housing has been constructed in the vicinity of the Stage Road Subdivision, yet the real factor for developing on this site is the long range identification of this property for aflordable housing through the Aspen Area Community Plan and the pre-annexation agreement which has set the stage for both the free market and affordable housing developments. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. STAFF FINDING: I DOES IT COMPLY? I YES Staff does not believe that the proposed zoning is in conflict with the overall public interest. Staff feels that proposed amendment is necessary for the development of the Stage Road Subdivision and associated Burlingame Ranch affordable housing project, which combined, further many of the Community's housing goals. Stage Road Subdivision/PUD Staff Findings Page 16 SUBDIVISION: STAFF FINDINGS Land Use Code Section 26.480,050 indicates that a development application for subdivision review shall comply with the following standards and requirements: A, General Requirements, a, The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan (AACP). STAFF FINDING: I DOES IT COMPLY? I YES Please see Staff's response to PUD Review Standard A(l) for details on the proposed development's compliance with the goals of the AACP, b. The proposed subdivision shall be consistent with the character of existing land uses in the area. STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed subdivision is consistent with the character of the existing land uses in the immediate vicinity, Please see Staffs response to PUD Review Standard B(l) for details on the application's compliance with this standard, c. The proposed subdivision shall not adversely affect the future development of surrounding areas, STAFF FINDING: I DOES IT COMPLY? I YES Staff does not believe that the proposal will adversely affect the future development of the surrounding areas, Access, infrastructure and developability is not compromised. d, The proposed subdivision shall be in compliance with all applicable requirements of this Title, STAFF FINDING: I DOES IT COMPLY? I YES Staff believes that the proposed subdivision is in compliance with all of the applicable requirements of this Title, All of the dimensional requirements are proposed to be established through the PUD request; therefore, no non-conformities will be created by the subdivision. B. Suitability of Land for Subdivision, a. Land Suitability, The proposed subdivision shall not be located on land unsuitable for development because of t1ooding, drainage, rock or soil creep, mudt1ow, rockslide, avalanche or snow slide, steep topography or any other Stage Road Subdivision/PUD Staff Findings Page 17 natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. STAFF FINDING: I DOES IT COMPLY? I YES Staff finds that the parcel is generally suitable for development considering all of the above dangers, expect for areas closest to the river corridor. This area has been preserved in the proposal and no developmenl is occurring within 100 feet of the high water line. Large tracts of land on the property that are less suitable for development are being preserved through Conservation (C) zoning designation. b, Spatial Pattern Efficient The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. STAFF FINDING: I Dm:s IT COMPLY? I YES Staff finds that the proposed subdivision will not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs, C. Improvements, The improvements set forth at Chapter 26,580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met; 1, A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. STAFF FINDING: I DOES IT COMPLY? I YES No variations to the subdivision standards are requested, D. Affordable Housing, A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program, A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System, I STAFF FINDING: I DOES IT COMPLY? I YES Stage Road Subdivision/PUD Staff Findings Page 18 The proposed development does not involve the construction of replacement dwelling units pursuant to the Multi-family Replacement Program, The Applicant complies with all of the requirements of Chapter 26.470, with the associated Burlingame Ranch affordable housing development serving to fulfill the affordable housing mitigation pursuant to Land Use Code Section 26.470.070(L), Free market residential, AH associated, E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26,630, Applicability, School land dedication standards shall be assessed upon all new subdivisions within the City of Aspen which contain residential units, An applicant may make a cash payment in-lieu of dedicating land to the City, or may make a cash payment in combination with a land dedication, to comply with the standards of this Section. This section of the subdivision regulations requires the dedication of land or the payment of an in-lieu fee for each new residential unit in a subdivision, STAFF FINDING: I DOES IT COMPLY? I YES Compliance with the School Land Dedication Standards will be required for the residential dwelling units proposed and the Applicant proposes a cash payment in- lieu of providing land, The owners of each of the individual lots will pay a proportional amount of the required cash in-lieu fee at the time of building permit issuance on each of the individual lots, Stage Road Subdivision/PUD Staff Findings Page 19 MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: July 7, 2004 Re: ORe Minutes - Bar/X - Staae Road Subdivision/PUD Attendees: Pamela Zoline, Applicant John Lifton, Applicant Cindy Christiansen, Housing Authority Joyce Allgaier, Community Development Department Ed VanWalraven, Fire Department Tom Bracewell, Aspen Consolidated Sanitation District Jannette Whitcomb, Environmental Health Richard Goulding, Engineering Department Stephen Ellsperman, Parks Department Brian Flynn, Parks Department Dennis Murray, Building Department John Niewoehner, Community Development Department g~bl:t:- 13 ....... ~X~~ t,JoJlW7iwlfrw At the June 16, 2004 DRC meeting, the group discussed the Bar/X-Stage Road PUD/Subdivision application. The project can be summarized as follows: Brief Proiect Description: Located to the east of Burlingame Ranch, this project will require the following actions: (i) the annexation of the parcel into the City; (ii) the subdivision of the land into: 12 single family lots, the existing ranch (fathering parcel) with four dwellings, a cultural center parcel, and the Burlingame Village AH parcel; and (iii) the development of roads and infrastructure to support the residential lots and cultural center, DRC COMMENTS The following summarizes the comments of the DRC committee members: 1, Enaineerina Department: 1.1 Road Easements vs. ROWs: . ROWs vs. Easements: The City Engineer recommends that there be ROWs instead of easements in case the roads ever revert to be public roads. . Road EasemenUROW Width: The road ROWs (or easements) shown on the Final PUD/Subdivlsion Plans must be wide enough to accommodate the trail, road, drainage ditches, utilities, berms, culverts and fill/cut slopes, 1,2 Road Plan Views Road Width and Cross Sections: . Tvpical Road Cross Sections: On the detail sheet of the plans, the typical road cross sections must give dimensions for road travel lanes and shoulders. . Desians for All Roads: All roads that serve more than one dwelling or serve the Cultural Center must have must be designed with profiles and cross sections, . Trail: Trail should be shown on typical road section. . Shoulders: The minimum shoulder width is 2 feet. No shoulders are shown on the cross sections, . Width of Drivina Surface: (i) 26-foot Width: The City Engineer recommends that Stage Road from ST A 0+00 to ST A 17+00 (the ranch buildings driveway) have a width of 26 feet, including the shoulders, This width provides two 11-foot wide travel fih:bl'-j- 13 Page 2 of 6 July 7, 2004 DRC -Bar/X & Stage Rd Subdivision/PUD lanes with 2-foot wide shoulders on each side. (ii) 24-foot Width: The remainder of the roads that serve more than one house needs to have a width of 24 feet, including the 2-foot wide shoulders on each side. (iii) Cultural Center: The revised plans for the Cultural Center driveway will show that access from Harmony Road (Burlingame Village AH), This roadway from Harmony Road to the Cultural Center must meet City standards of being 3D-feet wide (two 12-foot wide travel lanes and 3-foot shoulders). . Guardrail Locations: Safety guardrails must be placed on fill slopes as required by AASHTO or COOT standards, . Emerqencv Vehicle Access: (i) Driveways to individual houses longer than 150' will need to have a fire truck turnaround at the house. (fire truck turning radius = 50') (ii) Roads and driveways less than 20 feet wide and longer than 150 feet long must have wide spots in the road to ('pull outs') to allow vehicles to pass, (iii) The cul-de-sac at the end of all dead end roads will need to accommodate a fire truck turnaround. . Veqetation on Cut and Fill Slopes: It Is recognized that the Applicants wants limit disturbance by having cut and fill slopes steeper than 3:1. Where cut and fill slopes are greater than 3: 1, irrigation systems will be required to maintain vegetative cover, 1,3 Required Van Service: The staff questioned the efficacy of a van service to serve this type of development. 1.4 Cultural Center: It is understood that the City Council is not reviewing a design for the Cultural Center as part of this submission and that the proposed layout of roadway and buildings is for illustrative purposes only, However, the approval of the PUD must be dependent on capability of the land fulfilling the proposed purpose of a future Cultural Center. The horseshoe shaped building is the Residential Teachinq House. The set of two buildings on the northeast end of the lot are referred as the Cultural Buildinq. . Cultural Center Access Road, The road is workable in the shown location but will need to be wider and will require guardrails and a fire truck turnaround. . Residential Teachinq House Parkinq (the horse shoe bldq): Proposed structure contains twelve 2-bedrooms apartments and an ADU. Using City guidelines of 0,7 space/bedroom of AH and 1 space/ADU, 19 parking spots would be needed, A handicap parking spot is required and guest parking is highly recommended. . Two Cultural Buildinqs: Although the building could serve many purposes, we can assume that parking will be needed to serve the proposed 150-person auditorium, Based on one vehicle per two seats, 75 parking spots will be required. Currently no parking spots for the Cultural Buildings are shown, Due to the steep slopes, any external parking spots may be impossible. The Applicant has suggested parking spots under the building but such parking may result in a building costs beyond the capability of any non-profit or donor. . Summarv of PUD Requirements for Proposed Cultural Center: (i) The limited space for parking will limit the uses of this lot. (ii) These plans must show a potential building footprint, roadway, fire truck turnaround and parking spots to demonstrate the viability of the lot. (iii) At minimum, the PUD Agreement should define the minimum and maximum floor area range, building height, setbacks/ building envelope, required parking spots, and any other requirements deemed appropriate by City Council and staff. The building footprints, grading, access road, fire truck turnaround and parking spots need to be shown to illustrate that a Cultural Center, in a form acceptable to both the Applicant and City Council, can be constructed on the site. The Bar/X PUD should include the rezoning of the property now, but no specific development approval. This conceptual plan should be included in the PUD and should contain the note such as "The layout of proposed Cultural Center, as shown on these plans, is to demonstrate the feasibility of the proposed use. Applicant seeking to develop the Cultural Center will need submit to the City an amended PUD application and go through the City's PUD process," Page 3 of 6 July 7, 2004 DRC -Bar/X & Stage Rd Subdivision/PUD Provisions in the HOA documents should prevent the future property owners from obstructing the development of the Cultural Center. 1.5 Utilitv Plans: Utility plans, in accordance with the pre-annexation agreement, must be submitted for review as part of the Subdivision/PUD submission. 1.6 Drainaoe Plans: Must be submitted for review as part of the Subdivision/PUD submittal. 1.7 Erosion Control Plans: Must be submitted for review as part of the Subdivision/PUD submittal. 1,8, Site Plans for Individual Houses: The Subdivision/PUD Agreement must include a provision that building permits applications need to include a grading, drainage and erosion control plans that are prepared and stamped by a Colorado licensed professional engineer, 1,9 Roadwav Construction and Utilitv Installation: The PUD/Subdivision Agreement must include the provision that prior to the construction of any roads or utilities, the Applicant must apply for an Access/Infrastructure Buildino Permit. If the area disturbed by construction is over one acre, Contractor will need to obtain a State Stormwater Manaoement Permit that describes the erosion control measures to be installed, 1,10 Road Upkeep: . The Applicant must provide a MSDS (Material Safety Data Sheet) on the OYL product. Specifically, the City want to ensure that OYL is salt free. . A road and trail maintenance plan is needed as part of the PUD/Subdivision Agreement. This plan must include a for dust control including the re-application of the dust control chemicals. 2. Buildina Department . Efficient Buildino Code: All Efficient Building Code calculations are based on the interior floor area calculation. . Soils: A new soils report will be required for each lot's building permit application. 3. Fire Protection District: . Hvdrants and Water Lines: PUD plans must show the location of fire hydrants, Water lines must be sized for fire flows and sprinkler systems. . Fire Truck Turnaround: A fire truck turnaround is needed within 150 feet of each building. . Pull Outs: Where roads or driveways are less than 20 feet wide, the road must be designed with wide spots (pull,outs) to allow vehicles to pass. . Sprinklers: All new construction will require fire sprinklers. The remodeling of the existing ranch buildings will require the installation of sprinklers. 4. Parks Department: 4.1 Restoration/Protection 4.1.1 Multiple areas currently planned for landscaping (for example area D) will need permanent irrigation. The applicant could revise the planting pallets designed for a dry land type of ecotype and then incorporate a temporary irrigation system. 4.1.2 Disturbance (road cuts, drainage, utilities, development, etc.) will create an immense weed management problem. Need to see a long-term project weed management plan. Sign offs for weed management plan will be handled by the Parks Department. Page40f6 July 7, 2004 DRC -Bar/X & Stage Rd Subdivision/PUD 4,1,3 In the green landscaping it talks about soil being saved on site. How and where will this soil be saved? The plans should detail an area, which currently is disturbed in order to preserve a native area. Access roads to and from this storage area will need a restoration plan and weed management plan, 4,1.4 The seeding regime needs to be reviewed, means of establishment, temporary irrigation, method of mulching and tacifying, fertilizing, success rates expected and seeding protocols, The landscape architect and the landscape contractor need to be briefed about the complexities of what the City expects in terms of success. The project manager needs to be aware of all of the special factors involved in establishment of seeding. 4.1.5 The applicant shall provide a detailed plan for the restoration of all utility and road cuts during all construction activities and lot development. The restoration plan will need to be approved by the City, including the seed mix and erosion control. 4,1,6 Erosion control should be maintained adequately throughout the project and detailed in the construction set. 4.1.7 The applicant shall detail in construction plans how the contractors or owners will protect areas of significant mature vegetation. The current site plan does not show any existing vegetation, 4,1,8 Area H located along the entrance road calls for Cottonwood plantings. These plantings will require permanent irrigation to ensure survival. 4.2 Landscape 4,2.1 There are no standards for topsoil, a very critical component of both the cultural landscaped areas and the native seed/restoration areas, A detailed plan for topsoil should be considered: depths of 6 inch minimum, weed free topsoil, detail on the organic content, compaction and method of dispersal. 4.2.2 Pinion Pine has difficulties at this elevation and is not recommended for this project. 4.2.3 All cottonwood plantings and adjacent seeding areas for the entire project will need temporary irrigation to ensure proper seed germination and proper survival of xeric species, Temporary irrigation will be necessary only until the seeding and plantings have establishment. 4,2.4 The proposal talks about using existing ditches to irrigate screening in many locations. Does this mean active irrigation running through the ditch or run off. The Parks Department would like to review the plant species planned for these areas, Depending on the irrigation possibilities the species need to be matched for the conditions. 4.2.5 Ponds: The design and function of the ponds is critical to decrease the amount of maintenance and ensure proper wetland species are planted, Currently the design and grading makes the ponds appear to have a high maintenance need. The Parks department will review the proposed species list of plant material and is available for suggestions. 4.2.6 The Parks Department has reviewed and modified the proposed/approved seed list and planting lists. Several species on the list are identified as typical pasture grass species and are not appropriate for restoration mixes, Additionally, some of the species are not indicative of dry upland plantings typical to the ranch, Parks Department would like to see and approve the final plant and seed list. 4,3 Playing Fields in the Burlingame Village 4,3.1 In conjunction with the cultural use of the proposed property the City Parks Department feels that the current restrictions on the possible playing fields located with in the Burlingame Village are to restrictive and would not serve the current needs of the community. The City Parks would like to open discussions on how proper planning and location of the fields would better serve the purpose of the applicant and allow for the City to use the field for organized play and scheduling. The City recognizes the growing need for organized recreation and Page 5 of6 July 7, 2004 DRC -Bar/X & Stage Rd Subdivision/PUD can work with the applicant allow for this use while addressing the applicants concerns, The Parks Department would like to set up a meeting to discuss the above request, contact Brian Flynn at 920-6011, We look forward to the opportunity to meet. 4.4 SidewalkfTrail issues 4.4.1 The sidewalk/trail running parallel to the Ranch entrance road currently does not provide enough room for multiple users. It is recommended that a sidewalk/trail width be a minimum of 8ft. Additionally, an 8ft trail through the property would serve to benefit the lot owners with a better transition onto the public trail located along the Burlingame Village access road, 4.4,2 There needs to be a maintenance agreement or language clearly outlining that maintenance of the sidewalk/trail is the responsibility of the bar/x ranch this agreement should detail maintenance from the beginning of the trail where it connects to the public Burlingame trail down through the entire development. 4.4.3 The City Parks Department would like to open the discussion of the sidewalk/trail running the length of the access road to be a public sidewalk/trail. The City strongly encourages the applicants consider planning for a future trial connection from the Maroon creek pedestrian bridge to the proposed sidewalk/trail. The City feels that this important connection could serve future needs for the public accessing the cultural center with out relying on vehicular access. The Parks Department would like to set up a meeting to discuss the above request, contact Brian Flynn at 920-6011, We look forward to the opportunity to meet. 4,5 Fishing Easement 4,5,1 The City of Aspen would like an opportunity to discuss the acquisition of a fisherman easement along the Roaring Fork River on the South side of the property, This easement would run West to East terminating at the confluence of the Roaring Fork River and Maroon Creek, The City is not asking for an easement up into the Maroon Creek drainage. The goal of the easement is to connect the public property bordering both sides of the Bar/x ranch located on the south side of the river, The easement shall provide access for the purpose of fishing; access should be limited to 20 feet above the high water mark. The Parks Department would like to set up a meeting to discuss the above request, contact Brian Flynn at 920,6011, We look forward to the opportunity to meet. 5, Environmental Health Department: . Forthcoming comments 6. City Water Department: . Need utility plans to perform review, 7. Aspen Consolidated Sanitation District: 7,1 Standard Reauirements: Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office, 7.2 No Stormwater: ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Driveway entrance drains can not drain to sewer, Page 6 of 6 July 7, 2004 DRC -Bar/X & Stage Rd SubdivisionlPUD 7.3 Required Approvals: On-site utility plans require approval by ACSD. 7.4 Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. 7.5 Oil and Sand separators are required for parking garages and vehicle maintenance establishments, Elevator shafts drains must flow thru ols interceptor. 7,6 Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 7,7 Pumps Svstems: Below grade development may require installation of a pumping system. 7,8 Shared Service Aqreements: One Tap per Building: One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. 7,9 Sewer Easements: Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. 7,10 Fees: All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. 7,11 Cost to Increase Capacitv: Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. 7,12 Line Extension Request: Where main sanitary sewer lines are required to serve this new development, a line extension request and collection system agreement are required, Both are ACSD Board of Director's action items. Once detailed utility plans are made available to the district, we can initiate the "Line Extension Request", 7,13 Snowmelt Svstem Fluids: Glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. 7,14 Future Comments bv Sanitation on Bar/X: The district will be able to respond with more specific comments and requirements once detailed building and utility plans are available, 7,15 Replacement of Existinq Sewer Line: The existing sanitary sewer line in the south field as shown on applicants sketch plan to serve Lots 1,2 & 3 is not serviceable and will need to be replaced in the access road, IDRC/BarX.StageRD.final From: John Niewoehner City of Aspen Community Development Engineer l!IJ To: John Lifton, Joyce Allgaier THE CITY OF ASPEN RE: Comments to 9/8/04 Bar/X Construction Plans &h,\Ji~ ~ (CDvJ,) ~~ x: re-c~ ~t~ Date: October 22, 2004 Enaineerinq Department 1. Required Roadwav Widths: (Road width requirements, previously communicated to Applicant in the June 16, 2004 DRC meeting minutes, have not been incorporated in the most recent set of plans.) . South Road: 24' feet wide (two 10' wide travel lanes with 2' shoulders each side) . StaQe Road to ST A 33+00: 26' feet wide (two 11' foot lanes with 2' shoulders each side) . Lot 10. 11, 12 Access Road: 16' feet wide (12' driving surface with 2' shoulders each side) . Ranch Road: As shown 12' wide road without shoulders is acceptable. 2, Construction/Gradinq on Golf Course: Show construction easements for grading on the golf course property. Demonstrate that the golf course has given permission for this work. 3. Intersection of Staqe Road and South Road: At the intersection, label a 28' curve radius for the inside edge of travel surface. (The plans appear to provide an adequate radius but the radius needs to be labeled.) 4. Curve C3 at Staqe Road STA 18+00: The curve radius shown on the plans is 137 feet. Per the City's interim standards, the minimum curve radius is 175 feet. (AASHTO minimum curve radius for is 25 mph speed limit is 205 feet.) 5. Drainaqe Ditch: The roadside drainage ditches cannot discharge onto steep slope, Notable places of concern are: (i) Stage Road - STA 23+00 and (Ii) Lot 10, 11, 12 Access Road - ST A 4+00. 6. Lot 10. 11. 12 Access Road: (i) Isn't a culvert needed at ST A 6+50 low spot? (ii) The speed limit is to be posted at 10 mph due to the sharp curve. (iii) Where is the driveway for the cabin? Other Bar/X plans have shown a driveway and garage near the road with a tramway down to the cabin. (iv) The Fire Marshall is concerned about the lack of a pullout halfway along the access road. The Fire- Marshall has also expressed concerns regarding the dimensions of the hammerheads. Bar/x Comments October 22, 2004 Page 2 of 8 7. Drainaqe and Erosion Report: (A requirement to be included in Subdivision Aareement.) (i) Prior to recordation of the plat, provide a drainage report that calculates the drainage areas and drainage flows (10- year design storm) in each ditch and culvert and compares these design flows to the capacity of ditch and culverts. (ii) What provisions will be used to prevent erosion on steep slopes? For example, will re-seeding and temporary irrigation be employed? 8. Cross Sections for Staqe Road: Cross sections are not correct since they don't show the trail. 9. Tvpical Roadwav Sections: Provide detail that defines the road section including the thickness and composition of the subgrade, base, and Oyl treatment. The City Engineer needs the Applicant to explain the process for installing the Oyl treatment. 10, As-builts and Easement Recordation: Include this type of language in the Subdivision Aareement: 'Prior to the City giving a Certificate of Occupancy for the first building in the subdivision, the City must be provided with (i) an as-builts mylar of the roads and utilities and (ii) a mylar plat of all final easements including all utility easements. 11. Maintenance of Ranch Access Road: Include language in the Subdivision Aareement that the Ranch Access Road is to be kept open doing the winter to provide a second emergency access point between Bar/X and Burlingame Village. 12. Access-Infrastructure (A-I) Permit: The Applicant will need to obtain an A-I permit prior to constructing the road, As part of the A-I permit application, the applicant is required to provide a Construction Management Plan (CMP). (The City has checklist of items needed as part of A-I application and CMP.) A State Storm Water Manaqement Permit will need to be obtained by the Contractor since the project disturbs more than one acre. 13. Demolition Permit: If the ranch road requires the demolition of buildings, a demolition permit will be required. 14, Site Plans for Individual Houses: The Subdivision/PUD Agreement must include a provision that building permits applications need to include a grading, drainage and erosion control plans that are prepared and stamped by a Colorado licensed professional engineer. 15. Road Upkeep: A road and trail maintenance plan is needed as part of the PUD/Subdivision Agreement. This plan must include a for dust control including the re-application of the dust control chemicals. Parks Department (in addition to comments in the June 16, 2004 DRC minutes): 1, Sidewalk/Trail Width: The sidewalk/trail running parallel to the Ranch entrance road currently does not provide enough room for multiple users. It is Bar/x Comments October 22, 2004 Page 3 of 8 recommended that a sidewalk/trail width be a minimum of 8ft. Additionally, an 8ft trail through the property would serve to benefit the lot owners with a better transition onto the public trail located along the Burlingame Village access road. 2. Public Trail to Maroon Creek Pedestrian Bridqe: The City Parks Department would like to open the discussion of the sidewalk/trail running the length of the access road to be a public sidewalk/trail. The City strongly encourages the applicants consider planning for a future trial connection from the Maroon creek pedestrian bridge to the proposed sidewalk/trail. The City feels that this important connection could serve future needs for the public accessing the cultural center with out relying on vehicular access. 3. Burlinqame Villaqe Pavinq Fields: In conjunction with the cultural use of the proposed property the City Parks Department feels that the current restrictions on the possible playing fields located with in the Burlingame Village are to restrictive and would not serve the current needs of the community. The City Parks would like to open discussions on how proper planning and location of the fields would better serve the purpose of the applicant and allow for the City to use the field for organized play and scheduling. The City recognizes the growing need for organized recreation and can work with the applicant allow for this use while addressing the applicants concerns, Fire Department 1. Pull Outs: Per the June 16th DRC minutes: "Where roads or driveways are less than 20 feet wide, the road must be designed with wide spots (pull-outs) to allow vehicles to pass." The Fire Marshall requires that a pullout be placed on the road serving lots 11, 12 and the cabin. This pullout is to be placed at the mid point between the two hammerheads. 2. Hvdrants and Water Lines: PUD plans must show the location of fire hydrants. Water lines must be sized for fire flows and sprinkler systems. 3. Fire Truck Turnaround: A fire truck turnaround is needed within 150 feet of each building, 4. Sprinklers: All new construction will require fire sprinklers. The remodeling of the existing ranch buildings will require the installation of sprinklers. Water Department (Comments #1-#18from Water dept's consultant, McLaughlin- Rincon, dated 9/24/04. Comments for #19-#21 from Phil Overeynder of the Water Department) "Additional submittals will be required prior to Final Approval. The following are my comments regarding the proposed extensions and connections to the Aspen Water Department existing main lines." - McLaughlin-Rincon memo, 9/24/04 1. Label existing lines with sizes and material. " __"""""_.....~_,_"...-'c_,.,," Bar/x Comments October 22, 2004 Page 4 of 8 2. Label all new fittings, valves, thrust blocks, and other appurtenances on drawings at each bend, tee, and connection 3. Provide installation and material specifications and use 2004 updated Water Standards. Use the new 2004 City of Aspen Detail sheet as is, do not cut and paste into other detail sheets. If you do not have the 2004 version of the Water Standards or Details, the engineer call me and I will provide them with a set of Details in Autocad R-2002 and Standards in Word. These standards and details are to be added to the drawing and specifications set as is, with no changes or additions. 4. Provide fire flow calculations and obtain approval of fire hydrant locations from Fire Department. Fire Department must sign off on fire hydrant locations before final design is complete. 5, Label and show all thrust blocks on drawing and all fitting or have thrust block and mega-lugs. 6. Label out all pipe distances and sizes on all new lines between all fittings. 7, Add notes regarding water line to maintain 10' minimum distance off sewer line. Call out location of water line on drawings, (ie 5' off center line or 10' off sewer). Location or separation distances to be standard lengths and consistent along water line. (3.76' off center line or 11' off sewer is not acceptable), 8, Engineer is to contact the City of Aspen and Aspen Fire Department to obtain system pressures to allow for individual fire protection system at each lot. 9. Fire hydrants are to be located at all high points in the water line and at the low point in Stage Road. 10, Keep water line in the roadway alignment ROW/Easement. 11. The loop line to the Burlingame Housing Project is a concern, A preliminary design drawing should be completed to show the proposed alignment for the line and connection to the project. The alignment for the connection is best located on a property line or at the proposed dead end line at the end of Stage Road, Provide design for connection between the two projects. 12, Dead end lines are not allowed in the Citv of Aspen. The dead end line at the end of Staqe Road will need to be looped, Enqineer is to look at option to loop the line. 13. Show sizes of all proposed tap locations for all lots. 14, Maintain a 5' min separation between the water and all other utilities. 15. 2004 standards require valves on all legs on a tee or cross. Bar/x Comments October 22, 2004 Page 5 of 8 16. Fire hydrants are to be separate taps from the service taps. Service taps are not allowed on fire hydrant lines. 17, Design for the connection to the existing water line on the north side of Hwy 82 is not shown. Who is designing this portion of the project? Who is constructing the connection? This project should at least take the line to the property line and install a cap and thrust block for a future party to connect to and show a preliminary alignment to the connection in Hwy 82, This design needs to be completed prior to approval of these drawings. 18. Easements are to be located in public ROWand these are not located in a public ROW, an easement will be required to be dedicated, The easement will need to be a minimum of 25 feet in width, with 12.5 feet on either side of the centerline of the pipe, based on as-built dimensions. If the water line crosses slopes in excess of 15% or if the depth of bury is more than 10 feet, the minimum dimension easement dimensions will need to be increased to 30 feet (15 feet on either side of the as built centerline). No soil nails or other obstructions will be permitted to be placed within the easement area and other standard easement conditions refer to standard grant of easement document--attached) will apply, Because the placement of berm material and trees generally interferes with the maintenance and replacement of water lines, there is a strong preference for placement of water lines within streets and road or within pedestrian paths to help ensure that future plantings will not create conflicts with the requirement to keep the easement area open. This should include the connection to Burlingame Housing and Hwy 82 connection. 19. One water tap is allowed per structure unless a common service line agreement is executed. 20. Because the roadways are proposed to be improved to a rural standard without curb and gutter and pavement, it will not be advantageous to provide for the water service line "pre-taps" envisioned in the water service agreement to be installed. Water service lines and pre-taps are not shown on the preliminary water system improvement plans and are therefore assumed to be installed following building permit issuance and upon payment of tap fees, This is the standard practice within the City of Aspen, Pre-taps are made only to avoid impacts to roadways and other infrastructure where a second excavation to install the water service lines would cause significant damage to pavement and curbs installed as part of the subdivision improvements, and where the size and location of the water service line can be reasonably determined in advance of building permit issuance for individual structures (including sizing to meet fire sprinkler flow requirements in effect at the time of building permit issuance). 21. Water use on the subject property and all water system infrastructure improvements will comply with the Water Service Agreement (October 22, 2003). This condition can serve in place of the Water Department "standard condition" because the same areas are addressed in the water service agreement. Bar/x Comments October 22, 2004 Page 6 of 8 Sanitation District General comments on the conceptual "Not for Construction" plans for the sanitary sewer lines as shown for the Stage Road Subdivision (Bar/X Ranch), Additional comments can be expected once detailed plans have been submitted with the executed Collection System Agreement. 1. All main and service lines shall be SDR 26 pipe and fittings, NOT C-900. 2. Services shall tie into the main line with in-line wyes, NOT into manholes. Show station numbers, 3. The alignment of the main line for lots 1,2, and 3 appear to be in conflict with the landscape plan. No hard or soft landscaping is allowed in easements to be dedicated to the district. Ideally, this line should be located in South Stage Road. 4. Additional access easements shall be granted for main lines not in public utility roads. 5. Sewer lines to serve lots 10, 11 and 12 shall remain service lines, to be owned and maintained by the homeowners. The district will NOT accept force mains and pump stations for future ownership and maintenance. 6. Minimum cover for main sewer lines is seven feet. 7. Concrete encasements are NOT allowed. 8, Easements and accesses must be graded to allow access by a 60,000 pound 2- wheel drive district vehicle. 9. Gas lines are not allowed in joint trench with sewer lines. 10. Identify sewer service sizes. 11, High Density Polyethylene pipe is not allowed. 12. Due to the depth of the main interceptor sewer line in Zoline fields, placing a water line in the same easement will be problematic, The water line must be placed far enough horizontally away from the sewer line so as not to expose the water line should the sewer line need to be excavated for repairs or maintenance. This would require an exceptionally large easement. 13. Use ACSD standard details. 14. Main line easements must be conveyed on standard district format. 15. Installation of the main sewer lines must conform to ACSD rules, regulations, and specifications. 16. Provide daily average and peak wastewater flows for the Project to the district. Bar/x Comments October 22, 2004 Page 7 of 8 17. An ACSD "Collection System Agreement" must be executed by developer prior to main sewer line plan and profile approval by the district. Environmental Health The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the Citv of Aspen. and has the following comments. AIR QUALITY: "It is the purpose of [the air quality section of the Municipal Code 13.08] to achieve the maximum practical dearee of air puritv possible by reauirina the use of all available practical methods and techniaues to control. prevent and reduce air pollution throuahout the citY..."The land Use Regulations (Chapter 26 of the Municipal Code) seek to "lessen conaestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protectina the natural air sheds and reducina pollutants". The land use code states that the density of a PUD may be reduced if the proposed development will have a pernicious [negative] effect on air quality in the surrounding area and the City. The major air quality impact is the emissions resulting from the traffic generated by this project. Using standard Institute of Traffic Engineers Trip Generation Rates, this development (thirteen free market, twelve accessory dwelling units, and one caretaker unit) will generate 248 additional trips per day, and 35 pounds of PM-10 per day, Thus the size of this development will have a pernicious (negative) effect on the air quality. In order to comply with the provisions of the land use code, and ensure that the development does not have a pernicious effect on air quality in the surrounding area and the City of Aspen, the Environmental Health Department recommends the following pm10 mitigation measures be implemented: 1. Cash in lieu is provided to RFT A to offset the cost of a bus that would remove 248 trips/day. 2. The applicant will add sidewalk along Stage Road and Stage Road South, along with trail connections to encourage pedestrian and bike use. The applicant has offered several ideas and TDMs for this project, such as second home ownership reducing trip generation, the fact that employees taking care of homes may live in ADUs, and an employee vanpool for trips into town and to school. In fact, second home ownership is likely to generate more trips than the average during times of the year when PM-10 problems are most serious. If employees were required to live in the ADU's, and ADU's were restricted to employees, the County trip reduction would be allowed. Absent that, no trip reduction credit is possible, Given that school bus and RFTA service already exist along the Highway 82 corridor, it would be more effective to fund closer RFTA service than an employee van for an uncertain number of employees. REMINDERS FOR OTHER ENVIRONMENTAL HEALTH CONCERNS: Bar/x Comments October 22, 2004 Page 8 of 8 FIREPLACElWOODSTOVE PERMITS The applicant must file a fireplace/woodstove permit with the Building Department before the building permit will be issued, In the City of Aspen, buildings may have two gas log fireplaces or two certified woodstoves (or 1 of each) and unlimited numbers of decorative gas fireplace appliances per buildinQ. New homes may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. FUGITIVE DUST any development must implement adequate dust control measures, A fugitive dust control plan is required which includes, but is not limned to fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. A fugitive dust control plan must be submitted to the Colorado Department of Public Health and Environment, Air Quality Control Division if this project is over 1 acre in size, NOISE ABATEMENT: Section 18.04 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors, .. .Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 am and 7 pm, Monday thru Saturday, Construction is not allowed on Sundays. TRASH STORAGE AREA: The applicant should make sure that trash storage areas have adequate wildlife protection. Cc: Nick Adeh, Brian Flynn, Phil Overeynder, Ed VanWalraven, Tom Bracewell /workgenl,2004/Bar .x.comments.Oct22.04 From: John Lifton 216 West Colorado Ave. P.O. Box 997 Telluride CO 81435 USA 970.728.5353 FAX 728.4919 liftonlalinfozone.oro ~1\b'I~C- e ~)C~~ ~~/'W;} MEMO Date: August 26, 2004 To: Joyce Algaier, City of Aspen Community Development Department Subject: Stage Road PUD/Subdivision Dear Joyce, This memo is provide you with an advanced formal response to the issues raised by the Development Review Committee in their consideration of our final 1 submission. I shall address these issues in the same order as they are listed in John Niewoehner's memo of July 7. References to section numbers refer to our Final PUD/Subdivision Submission binder. I am sending this text version in order not to delay your drafting of your recommendation to Council regarding our submission. A large number of engineering drawings and plat sheets are being revised, and these will not be completed until next week, I am also preparing changes to legal documents and other supplementary material to be added to the binders. On Friday September 3, we will deliver 20 sets of binder updates to you. The only element of the submission that may not be fully revised at that time is the set of plat sheets, but we will provide you with the most current version. If you require additional binders for when this goes to Council, please let me know, 1 Engineering Department Although the preannexation agreement allowed us to make this submission without including engineering for water and sewer, it was obvious from staff feedback that this presented a problem, We are therefore, in consultation with City staff, Aspen Sanitation District and SGM, adding a detailed utility plan which includes water and sewer lines, 1 Ex:h\ 61 '}. C 1.1 Road Easements and ROWs 1.1.1 ROWs v, Easements We do not intend to convert the road easements to ROWs, There is no intention that these roads will ever become public roads. Furthermore, they could not become public without unanimous agreement of the lot owners, in which case a replat to create ROWs could be submitted. 1.1.2 Easement Width As regards width, the road designs have been updated to provide for natural rock retaining walls in conjunction with 3:1 slopes in all cut and fill areas. This will allow the retaining structures to be contained by the proposed easements. The easement width on Stage Road has been expanded from 40 feet in areas where the existing fences demonstrate a historically greater width, The easement areas proposed now fully include the trail, road, drainage ditches, utilities, berms, culverts and cut/fill slopes, as requested by the Engineering Department. 1,2 Road Plan Views, Road Width and Cross Sections 1,2.1 Typical Road Cross Sections The typical cross sections have been revised to include pedestrian path, road, drainage ditches, utilities, berms, and culverts, together with typical dimensions. 1.2,2 Designs for all Roads Profiles and cross sections are now included for shared driveways as requested. 1.2.3 Trail The pedestrian path is now included on the cross section. 1.2.4 Shoulders The preannexation agreement allows us to maintain the rural character of the neighborhood. We have expanded the road widths to meet the request of the Fire District, but we believe that adding shoulders would impart an unsuitable suburban quality to the design and is unnecessary. Additionally, the City's requirements for the pedestrian path, ditches and utilities has completely filled the historic 40 foot prescriptive ROW, and providing shoulders in addition to this would require expanding the historic ROW, relocating 100 year-old fence lines, and substantially altering the cultural artifact we are trying to preserve, 1.2.5 Width of Driving Surface The City Engineer requested greater road surface widths at the time of our preliminary submission, and this request was not supported by City Council. It is one of the central tenets of the New Urbanist movement, whose goals have been endorsed by Council, to counter 100 years of road width expansion by municipal engineers, and to return road widths to a human and functional scale, while retaining adequate size for safety and emergency use. We therefore believe that 2 the driving surface widths proposed properly correspond to contemporary land planning practice. Note that the Cultural Use Area access road no longer exists (see below). 1.2.6 Guardrail Locations Guardrail locations have been added to the drawings as requested. 1.2.7 Emergency Vehicle Access 1.2.7.1 It is understood that driveways to individual houses longer than 150' will require a fire truck turnaround. The responsibility for this will be the individual lot owner's at the time they request a building permit. We understand that local architectural firms are used to accommodating this need without serious visual or design impacts. 1.2.7.2 Buckhorn Geotech has discussed the need for pullouts on the shared driveway at the end of Stage Road with the Fire District, and has altered the driveway design to accommodate the District's request. 1.2.7.3 Cul-de-sacs at the end of all dead-end roads will accommodate a fire truck turnaround. 1.3 Required Van Service The van service was proposed in order to meet the City's request for a comprehensive TOM program. We would be willing to provide equivalent funding to another TOM element that the City believes would be a more effective use of these funds, so long as this expenditure continues to occur at the time subdivision improvements are installed. 1.4 Cultural Use Area We have been unable to accommodate the City request for a 30' road to the Cultural Use Area and additional parking because of the extreme environmental and visual impact such a road width would cause. We have therefore moved the Cultural Use Area to a site immediately south of the Burlingame Affordable Housing Village, and contiguous with the Harmony Road extension to the Village. Access to the Cultural Use Area will therefore be directly from Harmony Road and no separate access road is any longer required. This has reduced the site area from 3.0 acres to 2.0 acres. o Pedestrian access from Burlingame Village to these facilities is greatly improved. o The preservation of the historic ranch operation without the introduction of new non-ranching elements at its center also better meets national criteria for cultural conservation. o The proximity of this new site to the Soldner property and its future use as a cultural center consolidates cultural facilities in one location. A footpath 3 connection between these two facilities could allow their closer interaction in future. We believe that this shift of location represents a significant improvement in the land planning of the property. We also believe, following the survey of local non- profits included in our submission, that detailed design of the Cultural Use Area prior to determining actual uses and ownership would be unproductive. We have instead performed a feasibility study to ensure that the proposed design program, together with an expanded parking requirement, can be accommodated on this site. This is included in the supplementary materials to this memo. We therefore propose that the Cultural Use Area - Lot C - should be the subject of a separate PUD application at a later date, but that, as part of this current application, a plat annotation should limit the maximum amount of development allowed and specify the minimum amount of parking to be provided. 1.5 Utilitv Plans A utility plan has been prepared and is included in the supplementary materials. Main sewer and water lines are based on the most current information available from SGM and discussion with John Niewohner, but should be regarded as provisional until design work required by SGM and the City of Aspen Water Department has been completed. Note that sewer and water designs are specifically not required in this submission under the terms of the Preannexation Agreement. We have, however, provided this additional information at the request of the City of Aspen Engineering Department in order that an overall evaluation of utilities can be undertaken. 1.6 Drainaqe Plans A drainage analysis was provided in Section 8 of the Final Submission and the culverts required are now included in the revised engineering drawings for the roads in Section 20. 1.7 Erosion Control Plan A "best practices" erosion control plan has been prepared as requested. Detailed specification of erosion control based on these best practices will be provided when construction drawings for the improvements are submitted. 1.8 Site Plans for Individual Houses The PUD Control Document (Section 17 of the Final Submission) has been revised to include the requested provision. 1.9 Roadwav Construction and Utilitv Installation The PUD Control Document (Section 17 of the Final Submission) has been revised to include the requested provision. 4 1.10 Road Upkeep The MSDS for Road Oyl has been added to Section 20. Road and Trail Maintenance is the responsibility of the Stage Road Homeowners Association. A detailed maintenance plan will be provided when construction drawings for the improvements are submitted. 2 Building Department 2.1 Efficient Buildinq Code Section 4 - Green Construction & Energy Efficiency is revised to note that Efficient Building Code calculations are based on interior floor area calculation and not FAR. 2.2 Soils Report Page 9.24 of the Final Submission already requires a site specific soils report by a Colorado licensed engineer as part of the design review submission. 3 Fire Protection District 3.1 Hvdrants and Water Lines The utility plan, included in the supplementary materials to this memo, shows the location of fire hydrants. Additional hydrants at homesites are the responsibility of lot owners. 3.2 Fire Truck Turnaround See 1.2.7.1 3.3 Pullouts See 1.2.7.2 3.4 Sprinklers We agree that all new construction and remodels shall be sprinklered. 4 Parks Department There seems to have been some misunderstanding by the Parks Department of some aspects of our submission. We are sorry for any lack of clarity. A subdivision of 12 lots - the "Stage Road Subdivision" - is being separated from the Ranch. The subdivision is the 12 new lots, and the -IX Ranch (described in the submission as the "Fathering Parcel") continues as an active agricultural enterprise. The landscaping design being submitted as part of the subdivision approval is for the 12 new lots. The Fathering Parcel will continue in active agricultural use, and the ponds, tree nursery and other landscape work on the 5 Fathering Parcel is not part of the subdivision improvements but will be created as part of normal agricultural practice. These elements were included in the mapping in order to provide a detailed overview of future land uses. We apologize if this was not clear. We also need to state that the preannexation agreement was based (1) on us providing more public benefit than the City could obtain as mitigation through its regular land use approval process, and (2) on us asking for a much lower free market density that was allowed under our existing Pitkin County zoning. We have facilitated the creation of 330 units of affordable housing and we have perpetually preserved a majority of the Ranch as open space through conservation easements. The review comments by the Parks Department in which additional public benefits are asked for, all of which were previously discussed in front of City Council, and rejected with Council's approval, are therefore inappropriate. 4.1 RestorationlProtection 4.1.1 Irrigation All areas planned for landscaping will be irrigated by gravity flow irrigation ditches. The "Future Ranch Irrigation" plansheet in Section 22 is being revised to show this more clearly. There are one or two areas where photo-voltaic powered pumps will lift water in order that gravity flow can reach all areas. 4.1.2 Weed Management The Ranch has carried out its own weed treatment for many years, and this will be continued under supervision of the Ranch Manager, and subject to the terms of the conservation easements. The 12 lots of the Stage Road Subdivision will be responsible for their weed management through the Stage Road Homeowners Association. The HOA may contract either with the Ranch or with a third party for this weed treatment. In both cases, weed management is a long-term obligation. 4.1.3 Soil Storage For the 12 lots of the Stage Road Subdivision, soil storage areas have to be identified in the Lot owners' submissions for design review, and their rehabilitation specified. For the Fathering Parcel, the Ranch already has areas that are used to stockpile soil, hay and other materials as part of ordinary agricultural practice, and existing ranch roads already provide access to these areas. 4.1.4 Seeding For the 12 lots of the Stage Road Subdivision, seeding, mulching and irrigation will be specified in the Lot owners' submissions for design review. Irrigation is all permanent, using gravity flow irrigation ditches. However, note that the Water Service Agreement (Section 12. Page 29.50.) allows municipal water and 6 sprinklers to be used for 10,000 sq.ft. immediately around each of the building envelopes. We intend that three seed mixes will be used: I:J Pasture Mix This is the pasture grass mix used on the irrigated meadows of the ranch, and intended as fodder for livestock. This seed mix is used as part of ordinary agricultural operations and is therefore not part of the landscaping plan. I:J Restoration Mix This is a seed mix for areas disturbed by subdivision improvements. This seed will be gathered from plants in existing undisturbed areas along Stage Road, so that the restoration exactly matches the existing vegetation. I:J Lawn Mix This will be a seed mix for lawn and grass landscape areas around the houses in the subdivision, and will have a reduced water requirement compared to a standard "Kentucky Bluegrass" lawn. These seed mixes will be specified when construction drawings for the subdivision improvements are submitted. 4.1.5 Restoration Plan 4.1.6 Erosion Control As noted earlier, a "best practices" document has been added to the submission and detailed restoration and erosion plans will be provided when construction drawings for the improvements are submitted. 4.1.7 Existing Vegetation Existing vegetation is shown on the "Composite Plansheet" as an aerial photographic base. Existing vegetation is protected through the conservation easements, and in development areas the trees are mapped as part of the design approval submission. 4.1.8 Cottonwood Irrigation See 4.1.1 4.2 Landscape 4.2.1 Topsoil As a result of the agricultural history of the ranch, its irrigation and past crop production, topsoils are more developed than in typical sites in the surrounding area. We therefore do not expect that topsoil will need to be imported as the existing soils are quite suitable for landscape work. In fact, soil test pits in the irrigated meadows showed that rich organic soils are often several feet deep. There will be a considerable stockpile of this soil after road construction is completed, and we expect this supply to be adequate for the landscape work proposed. No topsoil standard for imported soil is therefore needed. The details 7 of how soil will be spread, compacted and reseeded are included in the landscape plans to be submitted by owners for HOA design approval. 4.2.2 Pinion Pine Pinion Pine will be removed from the approved tree list. 4.2.3 Temporary Irrigation See 4.1.1 4.2.4 Existing Ditches The irrigation ditch system, including new distribution ditches serving the new free market lots, will irrigate the screening areas. Some of these areas are integrated with constructed wetlands that will buffer the percolation of surface run-off. Details of species to be planted will be provided in the construction drawing submission for the improvements for Parks Department comment. 4.2.5 Ponds The ponds on the Fathering Parcel are being developed for agricultural purposes only and are not part of the subdivision improvements. Each of the 12 lots of the Stage Road Subdivision is allowed to develop a pond within the "Natural Garden" or "Landscaped Garden" portions of the lot. The design of these ponds will be approved as part of design review for the landscape plan. These ponds will be fed by irrigation ditches under the management of the Ranch Manager. Water rights for these ponds are being obtained as part of the Augmentation Plan. 4.2.6 Approved Species List As described in 4.1.4, different seed mixes will be provided for different situations. We do not intend to put pasture grasses in restoration mix except to the extent that pasture grasses currently exist in the mature roadside ground cover. The ranch contains many quite distinct ecosystems, and approved species must be tailored to the niche into which they will be planted. At the time of submission of construction drawings for the improvements, the details of these diverse areas of planting will be reviewed by the Parks Department. 4.3 Plavinq Fields 4.3.1 Location of Fields This issue has already been discussed in front of City Council with both our and the Parks Department's participation. Council supported our position that the noise and lights associated with scheduled sports events should not be placed immediately adjoining areas where livestock graze. In fact, the City has the right to locate playing fields on portions of either Burlingame Ranch or the AVL T purchase area, in locations not adjoining livestock grazing, free of any restrictions on organized play or scheduling. Playing fields may also be located on the 20 Acre Parcel but are, however, subject to certain restrictions as specified in the Preannexation Agreement, Section 1.G (page 29.16). The Parks Department 8 should insure that land planning of Burlingame Village takes these constraints into account in order to meet the needs of the community. 4.4 Sidewalk/Traillssues 4.4.1 Stage Road Sidewalk The 6 foot sidewalk is intended only as a sidewalk for pedestrian use. Cyclists and equestrians will continue to use the roadway. 4.4.2 Maintenance Agreement The Stage Road Sidewalk is the maintenance responsibility of the Stage Road Homeowners Association (see Section 13). 4.4.3 Public Access There will be no public access to Stage Road or to the Stage Road Sidewalk (see Section 29 - Preannexation Agreement and Section 30 - Soldner Agreement), and no trail connection to Highway 82 at the Maroon Creek Bridge. The Parks Department requested this Highway 82 trail connection once again, despite it having been discussed twice in front of City Council with both our and the Parks Department's participation, and with the outcome that City Council supported our position. Lots 1 and 2 are as narrow as 167 feet, and the space between the Lot 1 building envelope and the Maroon Creek Club boundary is as narrow as 40'6". Construction of a public trail in such a narrow space would make Lots 1 and 2 unworkable. The applicant has already spent several years refining a plan that moves all the new free market lots out of the irrigated meadows and preserves the historic agricultural operation. We are not prepared, so late in the process, to revisit the land use plan that has already received a preliminary approval. 4.5 Fishinq Easement 4.5.1 We have provided for conveying title to a "Fisherpersons' Tract" on the north bank of the Roaring Fork River to the City of Aspen. The additional provision of an easement on the south side, as now requested by the Parks Department, is incompatible with the Maroon Creek Conservation Easement, and is therefore not included. From the start of our annexation discussions with the City we have described the problems of trespassing in the Maroon Creek Canyon and along the south bank of the Roaring Fork River. This area is one of the last intact canyon riparian systems around Aspen, and we have been determined from the outset to protect it from human impacts with a conservation easement. There is currently a 6' wire mesh fence with barbed wire on the south bank of the Roaring Fork which has proved ineffective in preventing trespass. The Parks Department request would require an even more insurmountable fence across 9 the entire north end of Maroon Creek Canyon to effectively prevent trespass, including approval for the continuation of this fence onto the neighboring Harvey property, and including a fence across Maroon Creek itself. Such a fence would destroy the access route between Maroon Creek Canyon and the Roaring Fork Canyon that is actively used by deer, elk, bear and other wildlife. This is clearly one situation where ecological and aesthetic values are more important than public access. 5 Environmental Health Department No review comments have been received. 6 City Water Department The utility plan will allow review by the Water Department. However, it should be noted that the Water Service Agreement has already defined the main parameters of the water system. Additionally, the Preannexation Agreement allows for the approval of this subdivision without design of a water system. The utility plan is consistent with the latest information received from Schmueser Gordon Meyer and the City Water Department. 7 Aspen Consolidated Sanitation District The utility plan will allow review by the Sanitation District. However, it should be noted that the Preannexation Agreement allows for the approval of this subdivision without design of a sewer system. The utility plan included herein contains the latest information received from Schmueser Gordon Meyer. John Lifton for Bar Slash X Ranch, LLC August 26, 2004 10 '. MEMO From: John Lifton 216 West Colorado Ave. PO Box 997 Telluride CO 81435 USA 970.728.5353 FAX 728.4919 lifton@infozone.orq Date: November 17,2004 To: Joyce Algaier, Community Development Department, City of Aspen Subject: Stage Road PUD/Subdivision, Final Submission Dear Joyce, First, let me confirm BarlX Ranch LLC's agreement to the postponement of the first public hearing with City Council from November 22 to December 13. Revisions to Final Submission documents Bar/X Ranch LLC wishes to make the following changes to our submitted documentation: 1 Division of Fathering Parcel We have come to believe that there is an undesirable tension within the Fathering Parcel, Lot F, between the commercial agricultural interests of the ranch operation and the ecosystem conservation interest of Maroon Creek Canyon. We are therefore proposing the division of Lot F into the Lot F1, which contains only the commercial agricultural operation, and Lot F2 which contains only the ecosystem conservation area. Although this split creates an additional free market lot, we do not believe that significant additional market value is created because (1) the entire parcel other than the small cabin site is subject to a conservation easement, (2) the cabin is limited to 1,500 sq.ft. and has additional construction constraints, and (3) the cabin has no road access but is accessed by funicular elevator or staircase only. The cabin acts as security against trespass at the north end of this section of Maroon Creek Canyon in the same manner that the Connie Harvey house does at the south end. 2 Integration of the Cultural Use Area, Lot C, with Burlingame Ranch Following Council's selection of the ShawlPosslDHM team for the design and construction of the Burlingame Ranch affordable housing village, we have retained OHM to provide a conceptual design for better integrating the culturalleducation facilities on Lot C - the Cultural Use Area -with daily life in Burlingame Ranch. We propose to give OHM an opportunity during our presentation to Council on December 13 for them to present their proposals. Please note that John Worcester has advised that there is no conflict of interest in our retention of OHM to provide such services. 3 Cultural Use Area design program At your request, Joyce, we have agreed that final approval of the design of Lot C - the Cultural Use Area - will be subject to a Final PUD Submission to address site planning and technical issues. However, in order that financial sponsorship and the support of local non-profit organizations can be solicited for this project, we are still requesting that (1) the creation of Lot C as shown on the plat, and (2) the allowable uses and floor areas, as shown in the table on Page 10.4 of the Final Submission, be approved at this time as part of the Stage Road PUD/Subdivision. 4 Full size Soccer Field We believe that the ShawlPosslDHM design for Burlingame Ranch is outstanding, and we would like to facilitate the ability for the central green space to be a successful community recreational field. If Council approves 1,2, and 3 above, we are therefore now prepared, as requested by the Parks Department, to relax the restrictions agreed under Section 1 G "Parks and Play Fields" of the Preannexation Agreement, as follows: The City may include this field as part of the City's recreation program, and may schedule organized activities on this field, under the following conditions: o The field shall be placed in the center of the overall Burlingame Ranch plan. o Where buildings do not screen this field to the east and south, berming and planting shall be provided by the City to ensure such screening, and to protect the BarlX Ranch from noise impacts. o No organized activities shall take place after 7:00PM. o No night lighting of this field will be permitted. Sincerely, 1IlM}~J-- -~",...-" John Lifton for BarlX Ranch LLC cc John Worcester Herb Klein cx-h 6 d- 'p 15 foot setback on all sides, except 5 feet on north Building Envelope = 4,080 sq.ft. 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No gates, Section 11 of the Final Submission states: "City Council .,. made it clear, on more than one occasion, that they were opposed to anything in the manner of a "gated community" and would not, in any circumstances, approve the installation of gates at the entrance. We are therefore proposing, in keeping with our desire to maintain the rural ranching character of the area, to construct a traditional ranch entrance, as used to be found up and down the Roaring Fork Valley. This consists of two vertical steel tubular posts supporting a similar horizontal rail from which a flat ranch entrance sign hangs, At ground level there will be a cattle guard, and no gates will therefore be reeuired, The sign meets the City sign ordinance standards," (Added emphasis) Section 8 of the proposed ordinance states that gates are not allowed at the entrance or within the subdivision. 2. Is any phasing proposed? What is the likely timeline of development? No phasing is proposed and there is no timeline for the development. Following Joe Zoline's death, the executor of the estate has made no decisions as to the future disposition of this piece of property, neither whether it will remain in the family nor whether it will be sold, and does not expect to make such decision for at least 15 months. However it would be a reasonable assumption, given the step-up in basis, that development will proceed after the future ownership is determined. 3. Are dogs allowed in free-market component? No dogs allowed. Section 10.14 of the Declaration of Covenants, Easements, Conditions and Restrictions for Stage Road Planned Unit Development/Subdivision states: "10.14 Dogs and Other Animals. No dogs may be kept on any Lot, except for service dogs for use by visually impaired persons or persons with other medical needs requiring a service dog for assistance. Notwithstanding the foregoing, ranching dogs owned by the owner or employees of the Fathering Parcel may be used on the Lots in and around the Fathering Parcel Easement Areas." Staff has added a provision to Section 2 of the ordinance stating that the applicant and homeowner's association shall enforce the declarations. 4. Lighting Standards Section 12 of the Applicant's Design Guidelines, "Limit Exterior Lights", states, I "An outdoor lighting plan must be submitted in conjunction with applications and shall provide all the detail required by this Section. 12.1 All outdoor lighting shall be fully shielded and only direct light vertically downward. 12.2 Outdoor lighting shall be mounted no more than 8 feet in height above the surface it illuminates. In no situation shall light intensity exceed 8 foot-candles measured 3 feet above grade. 12.3 All windows shall be fitted with curtains or blinds capable of preventing interior lighting from spilling outside after dark. 12.4 Lighting on above grade decks or balconies is allowed only if illuminating the deck or balcony surface and not illuminating railings, balustrades, or walls. 12.5 No exterior light source shall exceed a rating of 60 watts. Outdoor lighting with HID light sources in excess of 50 watts shall be prohibited. Compact fluorescent lamps shall not exceed 9 watts. 12.6 Landscape lighting is limited to 35 watts per fixture per 150 square feet of landscaped area. Up lighting is prohibited as a landscaping element. 12.7 Security lights shall not be visible from adjoining lots, roads, or driveways and must be controlled by a motion sensor activated only by motion within the Owner's property. 12.8 Photocell controlled lights shall be allowed only at the driveway entrance or in critical common areas, shall be compact fluorescent to eliminate excess consumption of electricity, and, except at the driveway entrance, shall be automatically turned off at II :OOPM. 12.9 No light trespass at any property line is allowed." This standard is more restrictive than the City standard. The applicants note in the application that they are supporters of "dark skies". The ordinance requires that the homeowner's association enforce the lighting regulations contained in their guidelines. S. Land Use Summary See pages 9 and 10. 6. Comparison of the Pre-Annexation agreement vs. the final plan A summary from the applicants will come under separate cover. 7. ADU's - will ADUs be mandatory occupancy? Occupancy will not be mandatory but the Ranch notes that they will encourage occupancy by on-site workers. In Section 18 of the final submission - Transportation Demand Management -it is noted: "One of the principles of Smart Growth is to house employees close to where they work, so as to obviate the need for transportation. Bar/X Ranch, like many ranches, has housed its core workers for many years, and by adding ADUs to each of the free market houses, full or part-time 2 employees who caretake, clean and maintain these houses can be accommodated on-site. Unlike ordinary Aspen ADUs which are restricted to 300 to 800 square feet, these ADUs may be 600 to 1,000 square feet. We believe that this will encourage their occupation by couples and small families, and thereby make it more likely that the day to day service requirements of the houses can be largely addressed by the ADU population, Through the homeowners' assocIation we are instituting financial incentives that will encourage cooperation between homeowners so that these ADUs may be occupied by people who provide a full range of skills that can be shared between the free market lots - cleaning, gardening, cooking, nannying, chauffeuring, repair and maintenance, gardening, etc. We believe that setting this up as a voluntary program supported by a significant financial incentive is the best way to engage the free market homeowners' participation to achieve the desired outcome. We also believe that successfully filling the ADUs with service workers will be by far the biggest TDM contribution that we could make." The applicants will provide a definition of the financial incentives by 2nd reading, 8A. What amount of land will be committed to active agricultural use? The land committed to agricultural use is 68,6 acres, and is shown below. Even the temporary inclusion of Lot C - the Cultural Use Area - does not make the active agricultural use more than 50% ofthe annexation area. Note that the Agricultural Conservation Easement is slightly larger (70.99 acres) because it includes areas of roads and steep slopes that are not part of active agriculture but are part of the historic cultural artifact of the ranch. 3 Active Agriculture Area A 20.4 acres Area B 16.2 acres Area C 13.5 acres Area 0 12.3 acres Area E 1.7 acres Area F 2.4 acres Area G 2.1 acres 68.6 acres Property Area 146.0 acres In Agriculture 47,0% With temporary inclusion of Lot C From above 68.6 acres Lot C 2.0 acres 70.6 acres In Agriculture 48.4% acres 88. How likely is it that a ranching operation will continue and are there any provisions contemplated for its continuance? The applicants note, "The Ranch has hired consultants to analyze the irrigated meadows and make suggestions for increasing the forage crop, which has declined in recent years. We have also been investigating a move to natural beef production, which could be sold directly to local restaurants. Although we would like to see it continue, operating a traditional beef ranch has become increasingly difficult as agricultural support services moved first from Aspen down to Glenwood and now are moving beyond Glenwood. Since the start of this application process, we have consistently stated that we cannot guarantee continued operation of a beef ranch, Other agricultural uses are possible, such as crop production or market gardening, or an equestrian operation could be housed. The minimal use under the conservation easement would be to preserve the open meadows as open space or parkland, while continuing the historic irrigation." 9. Stage Road . Maintenance of Stage Road will be taken over by the Homeowners Association at the time that permits are drawn for the subdivision infrastructure improvements. The ordinance includes a provision for this in Section 2. . The applicants are proposing (see Final Submission, Section 20) a paved "hard finish" surface using Road Oyl and road base. Road oyl is a product made from pine tree resins, and was described in detail in the final submission. Excerpts follow: 4 "After compacting or rolling and several days of cure time, Resin Pavement forms a hard, durable surface that contains neither petroleum derivatives nor cement. Unlike asphalt, which hardens by cooling, or concrete, which hardens through a chemical hydration process, Resin Pavement hardens through evaporation of the water carrier. And harden it does. The compressive strength of Resin Pavement typically exceeds that of conventional asphalt by more than threefold. It is also highly water-resistant and can withstand heavy wash and even flooding," "Test data provided to EBN by the company showed ROAD OYL to be quite clean compared with asphalt. As part of the U.S, Environmental Protection Agency National Estuary Program, testing was conducted by Analytical Chemical Testing Laboratory of Mobile, Alabama in the Spring of 1999 to verify the suitability of ROAD OYL and EMC Squared for use around sensitive coastal estuaries. Total petroleum hydrocarbon (oil and grease) levels in runoff from newly applied ROAD OYL pavement were measured at 2 parts per million (ppm) immediately after installation, To provide comparison, the laboratory reported on a study of stormwater pollution from new asphalt pavement in which hydrocarbon levels exceeded a company's NPDES permit limit of 15 mg/I in six out of seven outfalls, " "Resin Pavement samples (as opposed to runoff) were also tested for 63 volatile organics (VOCs), 16 polynuclear aromatic hydrocarbons (PARs), and 9 metals. None of these regulated substances were found (i.e., the levels of all were below the detection limits of the measurement apparatus). Newly applied asphalt, on the other hand, frequently contains measurable levels of many regulated VOCs and PARs, according to the laboratory." The applicants note that, "Road Oyl is generally regarded as more expensive than asphalt. This is a quality cutting-edge green technology and should be completely acceptable to the Streets Department." . Two (2) foot shoulders, 2 foot shoulders will be included on the roads only for the purpose to structurally stabilize and support the edge of the traveled road surface and not to widen the road surface itself, The surface area above these 2 foot shoulders will be revegetated, . Sidewalk width, The applicant notes, "The Parks Department would like an 8 foot wide sidewalk. Fitting the widened road, sidewalk, utilities and landscaping into the 40 foot road easement is not easy, and we feel that an 8 foot sidewalk is unnecessary, 6 foot sidewalks are common in downtown Aspen and even in major American city centers. Large parts of the Aspen downtown grid have abandoned sidewalks altogether in residential areas. An 8 foot sidewalk is just not compatible with preservation of the rural character of the ranch." Staff has worded the ordinance to allow for 6 foot walkways. 10. Cultural Use Area The pre-annexation agreement references to the Cultural Use Area (emphasis added) are: 5 1.8 Zoning of Property proposed for Annexation Subject to all applicable processes and approvals, the parcel of land proposed for development shall be zoned as follows: Affordable HousingIPlanned Unit Development (AH/PUD) pursuant to Section 26.710,110 of the Aspen Land Use Code, as amended from time to time, for most of the land within the Free Market Lots; zoning for (P) Public zone district uses (with a PUD designation) and a Specially Planned Area overlay to permit the City Council to consider cultural and academic activities within the Fathering Parcel (the "Cultural Use Area"); and (C) Conservation zone district (with a PUD designation) for most of the remaining land within the Fathering Parcel. A proposed zone district map of the Free Market Component is attached hereto as Exhibit H - Proposed Zone Districts, The detailed description of the Cultural Use Area uses and any restrictions or conditions concerning them shall be determined in the Final Plat land use review process and any subsequent amendments thereto, in the sole discretion ofthe City. I.C.6 The Fathering Parcel The Fathering Parcel shall be permitted to have one main residence, up to three (3) additional residences and one cabin. The fmal PUD Agreement shall contain a provision that prohibits any further subdivision of the Fathering Parcel, except that the subdivision and separate parceling of the Cultural Use Area (referred to in paragraph 1.8 above) and a separate parcel for the Ranch Manager's RO Lot (referred to in paragraph 1,C.12 below) are permitted. I.H.e Cost of roads, utilities and trails , .... .. ..,...., The Water Service Agreement, (Exhibit F), contains estimates of the number of ECU's in the Free Market and Affordable Housing Components. In the event the Cultural Use Area is approved for development, the ECU calculations, any necessary water conveyance from Landowner, and any other water related charges or calculations specified in the Water Service Agreement (Exhibit F) shall be adjusted to account for this additional usage. Zoning of the cultural use area to PUB with pUD and SPA overlays is currently proposed. This strategy of zoning is being employed as a way to designate the property with zoning now, yet allow for further evaluation and decision later by Council of the specific uses and site-specific development plan for the 2 acre area, The exact development of this site is not fully known yet to the applicant and the potential impacts of such a development have been left out of the overall analysis of the Bar/X Ranch. Gain a level of comfort with Council that they will see the development proposal in the future through PUD/SPA reviews. Staff addresses the process in the staff report and includes a condition in the ordinance requiring further reviews and approvals for the cultural use area. The applicants will accept the only use by right as continuing agriculture as a condition of the SPA until a PUD application is approved. Staff has worded the ordinance such that this is the case. No uses, except agricultural ones, are allowed until the SPA is amended. No development is allowed until the PUD is amended. 6 11. Fencing The pre-annexation agreement states: "I.C.7 Fencing All fencing in or surrounding the free market lots shall be of a design, type and material that is approved by the Colorado Division of Wildlife as consistent with ranch operations and which does not unreasonably impede the movement of wildlife, except that fencing along Old Stage Road and fencing between the Free Market Component and the 20 Acre Parcel may be installed which protects agricultural operations, including, without limitation, the grazing of cattle and horses, and other land uses, from interference by trespassers." The applicants note, "We have reviewed the literature on wildlife-friendly fencing, We have undertaken to create wildlife-friendly fencing and we are philosophically in support of free movement of wildlife through the ranch. On the other hand, the City of Aspen needs to understand that bulls and cows are large, heavy, strong and not very intelligent creatures, and that there are liability prerogatives that we should adequately contain them according to normal agricultural practices. We therefore propose to adopt the following design parameters which have been approved by the Colorado Division of Wildlife in similar situations: . The top wire of the fence will not be barbed and will not exceed 42" above ground level. . The bottom wire of the fence will not be barbed and will not be less than 16" above ground level. . Intermediate wires may be barbed but will not be closer than 8" to the top and bottom Wlfes. We also propose that: . Ranch will be allowed a period of 3 years to conform all fences to this design. . Although the pre-annexation agreement allows us to install different fencing along Stage Road and along our new boundary with the Affordable Housing village, we will initially install the same fencing defined above, and we will only alter it if trespassing becomes a problem," Staff has included these fencing specifications in the ordinance and has a provision that allows the Community Development Director to make a determination if trespassing warrants a change to the fencing upon documentation by the owners, 12. Park Dedication Fees Staff has included a provision in the staff report and ordinance that addresses these fees, 13. School Impact Fee The fee is based on the value of the land prior to subdivision. The impact fee is established based on a recent pre-subdivision appraisal. Section 17 of the ordinance spells out the particulars, 7 14. Burden on City utilities The City Finance Department is preparing an impact analysis on the potential development of Burlingame Ranch and Bar/X Ranch as part of the annexation procedures. This will address the impacts on all City departments and their operations and facilities, 15. City advisory vote(s) on whether Council should enter into Pre-Annexation Agreement Staff has revised the report on this issue. Only one advisory vote took place. 16. Non-residential floor area The ordinance allows for up to 40,000 square feet of floor area for non-residential, ranch structures, Only agricultural uses, as defined in the land use code would be permitted in . these structures. Currently there area approximately 14,700 square feet of non-residential buildings on the property. 17. Ranch Manager's RO lot A plan and narrative of building envelope, floor area, and other related dimensional requirements has been provided and included in the ordinance, The final plat will show the envelope. Height-25ft, South, east and west setbacks-IS ft, North setback-S ft. 18. Address the situation of aU four houses on the conservation-zoned Fathering Parcel (Fl) and how those uses are allowed. Clarify that the cabin is on its own lot- Fathering Parcel (F2) An area encompassing the four (4) ranch residences are designated SPA so that the uses are allowed in the Conservation zone, Applicants note that, "We are requesting approval that the Fathering Parcel be divided into two portions: A An agricultural parcel (PI) which preserves the historic cultural artifact of the ranch including irrigated meadows, dry pasture, ranch housing and agricultural buildings. The ranch used to be a small community of those who owned and worked it. We will be applying for historic designation status for the old buildings. B A conservation parcel (F2) which preserves the ecological values of Maroon Creek Canyon. The cabin, on a high and dry spot on the canyon floor, will secure this area against trespass and damage." 19. Rescheduling of public hearing-the process from this point on. A The public hearing process is starting over. City will close the hearing on Jan. I Oth and restart with I sl reading. The public hearing will be renoticed in the newspaper and ordinance published by the Community Development/Clerks Office. 8 B Applicant needs to post property at least 15 days prior to hearing, take photo of posting and provide affidavit of posting to Com Dev, before the hearing. Poster will be provided to Applicant by Com Dev. C Applicant needs to handle mailing of legal notices of public hearing at least 15 days prior to hearing and provide affidavit of mailing along with list of names mailed to. Affidavit supplied to Com Dev before the hearing, Com Dev provides legal notice to applicant for mailing. Mailing goes to people located within the area 300 ft. from the boundary of the subject property. D The hearings have been reset to January 24th for first reading and February 14th for second reading, 9 MEMORANDUM v,,'~ TO: Mayor Klanderud and Aspen City Council FROM: Steve Barwick, City Manager John Worcester, City Attorney Chris Bendon, Community Development Director ~ Commercial Design Review and Pedestrian Amenity Code Amendments Second Reading of Ordinance No.5, Series of 2005 THRU: RE: DATE: February 14,2005 SUMMARY: Staff is requesting this item be continued to February 28th due to the expected length of tonight's agenda. RECOMMENDED MOTION: "I move to continue Ordinance No.5, Series of2005, to February 28,2005." I