HomeMy WebLinkAboutagenda.apz.19950321A G E N D A
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
March 21, 1995, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
I. COMMENTS
Commissioners
Planning Staff
Public
II . MINUTES ah Iq 15
III. PUBLIC HEARINGS
A. Aspen Center for Physics/Meadows SPA Amendment,
Final SPA, GMQS Exemption & Special Review, Kim
Johnson (Table to 4/4)
B. Barbette Text Amendment & Conditional Use Review,
Kim Johnson
i
IV. CONTINUED PUBLIC HEARINGS
A. HPC Code Amendments, Amy Amidon ( continued from 3 / 7 )
B. Land Use Code Amendments, Kim Johnson (continued
from 3/7)
V. ADJOURN
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: March 21, 1995
Special Meeting - March 28, 4:30 PM, Council Chambers
GMQS Training (LL/TM)
Regular Meeting - April 4
Buckhorn Lodge Rezoning & Change in Use (LL)
Fellman Conditional Use Review for ADU (LL)
Aspen Center for Physics/Meadows SPA Amendment, Final SPA, GMQS
Exemption, Special Review (KJ)
Joint Metro GMQS Tourist Accommodations - April is
L I Auberge (LL)
Regular Meeting - May 2
Regular Meeting - May 16
Independence Place SPA Designation & Conceptual SPA Plan (LL)
a. nex
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
RE: Barbette Conditional Use and Code Amendment for a Health
and Fitness Facility in the 110" Office Zone District
(Public Hearing)
DATE: March 21, 1995
SUMMARY: The Planning Office supports a text amendment which would
allow a health and fitness facility upon conditional use approval
by the Commission. However, staff does not believe, as the
language is proposed, that such a use should be limited to a
basement or third floor of a structure, nor that there should be
a limit of two such uses in any given building.
In anticipation of approval of the amendment, staff also supports
the proposed conditional use for a health and fitness facility on
the third floor of the Aspen Athletic Club Building, located at 720
E. Hyman Ave. This conditional use is being considered
concurrently with the text amendment so the applicant would not
have to return to the Commission for another public hearing.
APPLICANT: Jean -Robert Barbette, represented by Scott Harper
LOCATION: The proposed text amendment affects both the downtown
area Off ice zone district and the Main Street Office zone district
(map attached as Exhibit "A"). The conditional use request is
specific to the Aspen Athletic Club building located at 720 E.
Hyman Ave, Suite 303.
ZONING: 0 Office
APPLICANT'S REQUEST: The proposed language to add a new
conditional use for the O zone reads:
5-213.C.9. Health and Fitness Facility, provided, however,
that (a) no more than two (2) such conditional uses shall be
allowed in each structure, and (b)the conditional use shall
not be allowed on the first or second floor of any structure .
Mr. Barbette decided to apply for a code amendment and conditional
use approval because fourteen months ago he rented a lease space
in the subject building without knowing that the Office zone
district currently does not permit health and fitness facilities.
The leasing agent was unaware of the limit also, assuming it was
an allowed use because of the existence of the Aspen Athletic Club
04
in the basement.
The Athletic Club evidently received a conditional use in 1975.
At an undetermined time since then and for undetermined reasons,
the code had been changed to eliminate this conditional use option.
Please refer to the history of the Athletic Club in Exhibit "B".
In order for Mr. Barbette's personal training business to remain
in this location, the code must be changed to allow this use either
as a conditional or permitted use. other locations which currently
allow this type of use are the CC Commercial Core and SCI
Service/Commercial/Industrial zones, and within an historic
building in the 0 Office zone. Please refer to additional
application information, Exhibit IICII. The list of permitted and
conditional uses for the 0 Office zone are attached as Exhibit I'D".
REFERRAL COMMENTS:
Housing Office: There will not be an increased employee generation
for this use over the allowed office use.
Comments were solicited from Zoning and Building Departments. None
were returned.
PROPOSAL: In addition to the code amendment listed above, the
applicant seeks conditional use approval for a personal training
operation occupying approximately 2,330 s.f. within the 30,000 s.f.
Aspen Athletic Club Building. The lease space will ultimately
contain weight training areas, a yoga room, and two locker/shower
rooms. In conversations with Mr. Barbette, he indicated that at
a maximum his operation will employ 2-3 persons other than himself,
and there will be no more than the same number of clients at any
one time as it is a one-on-one type of fitness training program.
STAFF COMMENTS: When Mr. Barbette first approached staff with his
dilemma, staff was concerned that allowing additional non -office
uses in the 0 zone might be harmful to the availability of office
space in Aspen. Because of this concern, we discussed with the
applicant ways to limit the applicability of any proposed text
amendment. Therefore, the applicant's language includes the limit
of 2 health and fitness facilities per building, and only if they
do not occupy a first or second floor location. This latter
criterion was originally based on: 1) the particular difficulty of
this landlord's ability to lease third floor space; and 2) the fact
that not all buildings in the 0 zone contain basements, and there
are fewer yet that have three or more stories.
At the staff's request, the application contains information from
some local leasing agents. Providing their professional opinions
are Karen Setterfield and Don Fleisher. They state that staff's
concern about a lack of vacant office space in the city is not
substantiated. Therefore, staff now believes these limits to
basement or upper story locations should not be included in the
E
amended text. Also, because of the level of review required for
any conditional use, staff believes that the limit of two such uses
per building is not necessary. Cumulative impacts on any site will
be considered by the Commission. Creating the cap at two
facilities is not needed or necessarily desired.
Review Criteria for Text Amendments:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
response: It is consistent with the basic zoning regulations.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Community Plan.
response: The Commercial/Retail Action Plan within the AACP
stresses development of a "neighborhood" office zone, but does not
specifically address limits or expansions to the existing Office
zone. According to Mr. Barbette's application information, most
of his clients are residents of the Aspen area.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering
existing land use and neighborhood characteristics.
response: Ironically, the Office zone currently allows "dance
studio" (a similar use to health facility determined by Planning
Office policy) within an historic structure. This was meant to be
an element of flexibility for owners of older buildings.
Therefore, staff believes that the issue of health facilities in
proximity to office and residential uses has already received a
certain level of acceptance. Additionally, the fact that the large
and active Aspen Athletic Club has been in this location for years
is some indication that the office/health club juxtaposition can
be successful at an appropriate location.
D . The effect of the proposed amendment on traffic
generation and road safety.
response: Because the proposed text calls for conditional use
review for each project, traffic and safety will be addressed on
a site specific basis.
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
3
emergency medical facilities.
response: No adverse impacts are anticipated. All infrastructure
facilities are generally in place for the Office zone
neighborhoods.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
response: As the proposed change affects urban areas of town, no
impacts are expected.
G. Whether the proposed amendment is consistent and
Compatible with the community character in the City of
Aspen.
response: This amendment would not affect the character of Aspen.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
response: No particular changes are noted. However, as previously
mentioned, there appears to be adequate office space available
within Aspen such that this amendment would not be a detriment.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
response: This proposal does not conflict with public interest.
Review Criteria for Conditional Uses:
A. The conditional use is consistent with the purposes,
goals, objectives and standards of the Aspen Area
Community Plan, and with the intent of the Zone District
in which it is proposed to be located; and
response: The proposed use is not contrary to the AACP or the
Office zone district, as long as the above code amendment is
adopted by City Council. As mentioned earlier, the Office zone
already allows a similar use (dance studio) in historic structures.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel
proposed for development and surrounding land uses, or
enhances the mixture of complimentary uses and ac-
tivities in the immediate vicinity of the parcel proposed
4
11
for development; and
response: The Aspen Athletic Club has been at this location for
20 years. Mr. Barbette's business has been open in this building
for fourteen months, albeit without approval from Planning and
Zoning. There have been no complaints to the City regarding Mr.
Barbette's operation. According to the application, this personal
training type of facility fills a need for Aspen's fitness -
oriented residents and guests.
C. The location, size, design and operating characteristics
of the proposed conditional use minimizes adverse
effects, including visual impacts, impacts on pedestrian
and vehicular circulation, parking, trash, service
delivery, noise, vibrations and odor on surrounding
properties; and
response: The 2,330 s.f. training facility will not measurably
affect the other uses in the 30,000 s.f. building or the
surrounding neighborhood, especially relative to the level of
activity generated by the substantially larger Athletic Club in the
basement, for which no complaints have surfaced.
D. There are adequate public facilities and services to
serve the conditional use including but not limited to
roads, potable water, sewer, solid waste, parks, police,
fire protection, emergency medical services,
hospital and medical services, drainage systems, and
schools; and
response: These facilities are already in place within the
downtown and Main Street areas. No additional impacts are
anticipated.
E. The applicant commits to supply affordable housing to
meet the incremental need for increased employees
generated by the conditional use"; and
response: Because of the low number of employees generated by this
type of business (four persons maximum), no housing impacts must
be mitigated. Utilizing the code's employee generation rates for
an office use at 3 employees per 1,000 s.f., this space would
theoretically generate 7 employees. Staff recommends placing a
limit on no more than 7 employees to match the code's generation
figures.
F. The proposed conditional use complies with all addi-
tional standards imposed on it by the Aspen Area
Community Plan and by all other applicable requirements
of this chapter.
response: No specific AACP standards apply to this conditional use
5
request.
STAFF RECOMMENDATION: Staff recommends the following simplified
text amendment for the Office zone:
5-213. C. Conditional uses
9. Health and Fitness Facility
Recommended motion: "I move to recommend to Council approval of
an amendment to the Aspen Land Use Regulations to allow health and
fitness facilities as conditional uses in the O Office zone
districts."
Staff recommends approval of the Barbette Conditional Use for a
health and fitness facility with the following conditions:
1) No more than seven full time equivalent employees shall be
associated with this facility.
2) All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
3) This approval is valid only upon final City Council
adoption of a code amendment allowing such facilities as
conditional uses in the Office zone district.
Recommended motion: "I move to approve the Barbette conditional use
n for a health and fitness facility in the Aspen Athletic Club
Building with the three conditions stated in the Planning Office
memo dated March 21, 1995".
Exhibits:
"A" Map of O Office Zone Locations
"B" History of the Aspen Athletic Club Building
"C" Application Information
"D" Permitted and Conditional Uses for the O Office Zone
"E" Housing Office Referral Memo
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PLANNING tc ONING COMMISSION
LAWOFFICES of EXHIBIT � APPROVED �
Scott Harper 19 BY SOLUTION •
PROFESSIONAL CORPORAT10N
3RTH tvIILL STREET
LTTIE 106 (303) 925-5625
COLORADO 81611 TELECOPIER (303) 925-5663
March 8, 1995 t'�w`• �� �w�
VIA HAND DELIVERY 44?
8 /Y;s
Ms. Kim Johnson S" - • .�;:: , ;
Aspen/Pitkin Planning Department �5;�"VT
130 South Galena Street
Aspen, Colorado 81611
Re: Barbette - Text Amendment/Conditional Use
Dear Kim:
Following is the information which you requested at Item No.
10 of the Pre -Application Conference Summary with regard to the
history/zoning of the Aspen Athletic Club Building and the
information which you requested that I obtain from several of the
area's commercial/office leasing agents with regard to the
availability of office space in the City of Aspen.
I. Aspen Athletic Club Building. Through my conversation
with City Clerk Kathryn Koch and my review of files in the City
Clerk's office I was able to discover that the Aspen Athletic Club
Building, formerly known as the CDES Building, was built pursuant
to approvals required under Ordinance No. 19, Series of 1973. The
Ordinance was entitled: "An ordinance establishing mandatory
building permit review procedures pending adoption of a new zoning
ordinance and new zoning district map; designating uses accepted
from review; establishing review criteria providing for
designation of additional excluded uses and review criteria; and
setting a termination date of 1 year from the effective date."
Approval for the construction of the Aspen Athletic Club
Building was subject to Ordinance No. 19. The original zoning maps
from 1973 were unfortunately, according to Kathryn, destroyed or
lost sometime during the past several years and I was unable to
ascertain the zone district at that time. However, it was most
likely in the "CA" (Central Area) zone district or the
Recreation/Accommodation or Recreation/Accommodation Transition
zone district and the criteria for review for approvals were
essentially the same for each. In each, approval for construction
was subject to review of ( a ) access (b) fire protection ( c ) water
pressure (d) building bulk/height (f) off street parking.
0
Ms. Kim Johnson
Aspen/Pitkin Planning Department
March 8, 1995
Page 2
With regard to the Central Area Zone District, Section A. 4. of
Ordinance No. 19 stated in part that "it is the purpose of the
review procedure to encourage the following ... (c) the placement of
professional office buildings in the fringe of the CA District; (d)
the mixing of land uses resulting in the integration of compatible
uses that result in constant activity in the central area." My
review of the CDES Building files reveals that the actual approval
for the Aspen Athletic Club, currently located in the basement of
the building, was granted in 1975 as a conditional use in the then
C-1 Zone District.
I have attached for your review several documents from the
City's CDEC file as follows:
1 Memorandum dated 2/14/74 from the City of As -pen Fire
Marshall regarding 1020 East Hyman stating that the area
has adequate access and water supply for fire protection.
2. Letter dated June 12, 1974 addressed to Planning and
Zoning Commission from Robin Molney, owners
representative for the CDES Building, with regard to
exemption from subdivision approval for the
condominiumization of the building.
3. Memorandum to Planning and Zoning Commission from
Planning Staff dated July 2, 1974 regarding conditions of
preliminary approval for the CDES Building, which
conditions did not require on -site parking based on Board
of Adjustments variance.
4. Memorandum dated August 28, 1975 to Aspen Planning and
Zoning Commission from the owners of the CDES Building
with regard to approval for the expanded athletic
facility in the basement of the building as a conditional
use.
5. Memorandum to the Aspen Planning and Zoning Commission
from planning staff dated September 11, 1975 recommending
approval for the requested expansion of the athletic club
facility in the basement of the CDES Building.
6. Memorandum to City Council dated October 27, 1975.
II. Availability of Office Space in the Office Zone and
Surroundincr Areas. As you will recall, Mr. Michael Horn the head
of commercial leasing for Coates, Reid & Waldron, rental agents for
the Aspen Athletic Club Building, stated during our pre -application
\0
Ms. Kim Johnson
Aspen/Pitkin Planning Department
March 8, 1995
Page 3
conference that the third floor of the Aspen Athletic Club Building
had remained unleased for a significant period of time prior to
being leased to John Robert Barbette for a health and fitness
facility. In addition you will recall that Mr. Horn also stated
that if Mr. Barbette were to vacate the premises there would be a
significant possibility that most of the third floor of the Aspen
Athletic Club Building would remain unleased for a number of
months, primarily due to the fact that, in Mr. Horn's opinion,
there is no shortage of office space in the downtown and
surrounding areas of the City of Aspen.
I also have had the opportunity to interview Karen Setterf ield
of Setterf field Ryan Realtors, Inc. and Don Fleisher of The Fleisher
Company, two large commercial leasing agents of office space in
Aspen. Ms. Setterf ield stated to me that there is "plenty of
office space available." She stated that, for example, there are
many vacant office spaces in the new office building next door to
Asia, which is also located in the Office Zone. She further stated
that "there is lots of office space in the CC and C-1 zones". She
concluded by stating that "there is never an overwhelming demand
for office space" in the Office Zone and surrounding areas of the
City and that the contemplated conditional use of the third floor
of the Aspen Athletic Club Building, particularly in light of the
proposed limitation on such conditional uses on the first and
second floors of buildings in the Office Zone, would create no
negative impact on the availability of office space in the Office
Zone and surrounding areas of the City.
My interview with Don Fleisher rendered similar results. Mr.
Fleisher stated that "there is always something available" for
office use in the City of Aspen. He also stated that "the
contemplated conditional use for a health and fitness facility is
way more appropriate as a use than residential in the Office Zone. "
He stated that, in his opinion as a qualified commercial leasing
agent with years of experience in the City of Aspen, the code
amendment and conditional use which we are seeking would have "no
negative impact on the availability of office space in the Office
Zone and surrounding areas of the City." He also concurred with
Karen Setterf ield's statement that there is "never an overwhelming
demand for office space in the City of Aspen."
I believe that this should address all existing concerns with
regard to the code amendment which we are seeking and the approval
for conditional use for a health and fitness facility on the third
Ms. Kim Johnson
Aspen/Pitkin Planning Department
March 8, 1995
Page 4
floor of the Aspen Athletic Club Building. If you need additional
information with regard to any of the above please do not hesitate
to contact me at your earliest convenience.
Very Truly Yours,
Enclosure
cc: Barbette
barbette\005
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PLANNING & ZONING COMMISSION
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AVENUE, SUITE 303, ASPEN,�,
03-920.9049 "303-925.9049
I It
WHY A
PERSONAL
TRAINER? ...
A PERSONALTRAINER WILL HELP YOU
MAXIMIZE THE TIME SPENT ON YOUR
WORKOUT. A PERSONAL TRAINER WILL
DEVELOP A PROGRAM THAT EXACTLY
MATCHES YOUR NEEDS AND OBJECTIVES. A
ONE-ON-ONE WORKING RELATIONSHIP
WITH A PERSONAL TRAINER GIVES YOU THE
PRIVACY AND ATTENTION YOU NEED.
BUTTHE5E ARE JUST WORDS— LISTEN TO
JEAN ROBERT'S CLIENTS TELL YOU WHYTHEY
WORK OUT AT HIS GYM —
DIANE ANDERSON, ASPEN, INTERNATIONAL BUSINESS
"VOMAN, MOTHER OF FIVE, 50:
j favorite workout is the posture routine that we do with
the "stick." I can do it anywhere! Jean Robert is incredibly
motivating, and he makes you commit to your workout. Of
course it's by appointment only, so you can't just go
unnoticed like missing aerobics class. But the real reason I
visit Jean Robert three times a week is because he
promised me that one day he'll marry me. Hal
SAMANTHA YOST, HOUSTON, H.S. HONOR STUDENT, 17:
Jean Robert's Gym has the best equipment — everything
you need is right there in one room. They also have a
computer which tests your body fat. Anyway, he's really
trained me how to work out, so I can do it on my own.
DR. ROBERT CHRISTENSEN, ASPEN, DENTIST, FATHER OF
TWINS, 45:
He is a personal friend and sets a good example by taking
great care of his own health. Aside from the camaraderie of
having someone to work out with, training with Jean Robert
provided me with a stress outlet. My wife, Candice, also
worked out with him during her pregnancy and we both felt
y confident in his abilities and knowledge.
RAN DAVIS, ASPEN, MOTHER OF TWO, 30-ISH:
I enjoy working out with Michelle because she understands
the female physique and tailors my program to obtain the
results I desire -- long and lanky, not big and bulky.
CHARLES GARNEY, KANSAS CITY, BUSINESSMAN, 62:
1 worked out with Jean Robert for six weeks last summer.
His father was a trainer, and I think he inherited something
very special from him. Jean Robert seems to have an
innate ability to train people — it's a very positive
experience. You probably don't want to quote this, but I
swear he must have been a trainer in his previous life
because it would be impossible to learn all that he knows in
one lifetime! He's also been very generous in helping me
set up a personal gym at home — that is, helping design it
and deciding what equipment is important for me to have.
DAN KLOSTER, SNOWMASS, LA PINATA RESTAURANT, 44:
Primarily I work out at Jean Robert's Gym because he's
been so effective in helping me with my back pain (due to a
previous injury). I have confidence I won't get hurt with his
exercise routines. He varies the work outs and keeps them
interesting. He has a broad scope as to what our goal is —
a wide knowledge — and I like the fact that I really see total
body improvement.
JEAN RO B E RT'S GYM
720 EAST HYMAN, SUITE 303, ASPEN, COLORADO
303-920-9049
calendar
ASPEN YOUTH CENTER ACTIVITIES The
center provides kids in grades 5 through 12 with a
place to hang out, things to do, and a way to meet
peers. It offers a game room, diner, and recreational
and cultural activities. Winter events include snow-
shoe and ice skating outings, but trips, speelunk-
ing adventures, and avalanche awareness work-
shops. There are also special holiday events includ-
ing a New fear's parr. Next to the library. Open
A1on.-Fri., 3:30-6 p.m.; Sat., 12-6 p.m. Call 925-7091.
LIBRARY STORY HOUR The Pitkin County
Library offers a free story hour and sing -along with
adult supervision for toddlers (2 yr. olds) and pre-
schoolers (ages 3, 4, and 5). Toddlers every Tues.,
10:15-10:45 a.m. and Wed., 11-11:30 a.m. Pre-
schoolers every Tues., 11-11:30 and Wed., 10:15-
10:45. Call 9254025.
EXPLORE STORY HOUR Another favorite story
hour is Fabulous Friday Bedtime Stories at
Explore Booksellers 8t Bistro on occasional Friday
evenings from 7-8 p.m. For details call 925-5336.
FESTIVITIES
WENDY'S CHILI BASH AND LITTLE NELL
NIGHT SKI Part of the Land Rover 24 Hours of
Aspen celebration. Come meet the racers, volun-
teers, and sponsors at this pre -race party in the
Alountain View Room, above the Ajax Tavern.
Wendy's serves up hot chili, 5-7 p.m. After filling
up, bundle up, and ski under the lights on the
Little Nell slope. Free hot chocolate. Lift ticket, T-
shirt, and chili bash costs $20. Benefits Aspen's
youth programs. Call 925-1220.11/25.
SILVER CIRCLE ICE SHOW AND PIZZA
HUT PARTY Part of the Land Rover 24 Hours of
Aspen celebration. This skating show highlights the
Aspen youth hockey teams and the Aspen Skating
Club. The Skating Club will put on a show and then
kids will be invited to skate and get rips from top
skaters. Catered by Pizza Hut Event time is 12-2 p.m.
Skating clinic, show, and pizza costs $10. Benefits
Aspen's youth programs. Call 925-1220.11/26.
THE JOHN OATES ROCK AND SOUL
DANCE PARTY Pan of the Land Rover 24 Hours
of Aspen celebration. Aspen local John Oates (of
Hall and Oates fame) will put on a great night of
rock and soul music at the Hotel Jerome Ballroom.
A silent auction will also be held. Cocktails and
silent auction start at 7 p.m. Music from 8-8:45
p.m., pausing for racers to draw bib numbers, then
continuing until midnight. $100 per person, $150
limited reserve seating. Benefits Aspen's youth
programs. Call 925-1220.11/26.
LAND ROVER 24 HOURS OF ASPEN
OPENING AND CLOSING CEREMONIES
Andy Mill, director of skiing on Aspen Mountain,
hosts the opening ceremonies to the Land Rover
24 Hours of Aspen endurance ski-a-thon at 11 a.m.
The ceremonies include a parade of flags, celebrity
course forerunners, and a send-off for the racers.
Twenry-four hours later at 12:30 p.m., Andy will
be back to award the winner's trophy and lead the
victory celebration. At the bottom of Little Nell
near the gondola. Call 925-1220.11/28-29.
HARD ROCK ON TOP Part of the Land Rover
24 Hours of Aspen celebration. While the racers
continue their laps on the lighted course, you can
ride the gondola up and parry with your friends at
the Sundeek, with live music and food provided by
the Hard Rock Cafe. $50 per person. Parry starts at
8 p.m. Call 925-1220. 11/28.
ADVENT POT -LUCK DINNER Bring your
favorite holiday dish to the Aspen Chapel and join
in this community celebration of the start of the
holiday season. Everyone sings holiday songs at
this festive occasion. Call 925-7184. 12/4.
LOTH ANNUAL CHRISTMAS-TREE LIGHTING
The huge pine tree towering over Alain Street and
the Sardy House lights up the night, marking the
beginning of the holiday season. The Dickens
Carolers, the MAD Company, and the Aspen
Children's Choir fill the air with holiday songs.
Come and enjoy hot cocoa and Christmas -tree
cookies. Santa and Mrs. Claus and their reindeer
will be there. Starts at 6 p.m. Call 925-2525.12/4.
The holiday spirit comes alive at the
Aspen Chapel in December when the
Aspen Community Chorus, featuring
voices of all ages, performs Handel's
Christmas classic, The Messiah,
accompanied by a pipe organ.
HOLIDAY OPEN HOUSE AT ANDERSON
RANCH Luminarias light the paths of this artists'
colony in Snowmass Village, guiding visitors to the
various galleries and artists' studios to view their
work. Holiday paintings and sculpture are exhib-
ited and available for sale. The free gala opening is
December 7, 5-7 p.m. See the Gallery Listing,
page 102, for more information about the Ranch, or
call 923-3181. 12/5-1/6.
BONFIRE AND WREATH RAISING A com-
munity gathering to raise the grand holiday wreath
over the entrance to the Aspen Chapel. Gather
around a warm bonfire, sip hot cider, and sing
holiday songs. Call 925-7184. 12/13.
SILVERTREE HOTEL CHRISTMAS
CELEBRATIONS The Silvertee Hotel on the
Snowmass Village Nlall hosts traditional holiday
events that are fun for the whole family. Events
include gingerbread -house decorating, prescn-
rations of A Christmas Carol, How thr Crincch Stolr
Christmas, and Thr Alagir Pony, visits with Santa and
his reindeer, a tree -lighting ceremony, a perform-
ance of TheAlrssiah, breakfast with Santa, and other
events. Call 923-2000.12/11 and 12/18-24.
WHEELER STALLARD HOUSE HOLIDAY
OPEN HOUSE The Aspen Historical Society
invites visitors to the Wheeler Stallard House
Museum for their holiday open house celebration.
Free admission. Call 925-3721.12/16.
44TH ANNUAL WINTERSKOL CELEBRATION
A week of traditional celebration, sponsored by the
Aspen Chamber Resort Association. Each ski area
has its own day of special events including favor-
ites such as a mountain -bike race, an uphill
snowshoe race, snowboard competitions, an all-vou-
can-cat pancake eating contest, dog fashion show,
parade down Alain Street, and a finale of fireworks
fired from the Little Nell slope and visible all over
town. Pick up a schedule of events around town or
call ACRA at 925-1940 for details. 1/11-15.
OPEN HOUSE PARTY AT THE HOTEL
JEROME The Hotel Jerome celebrates its 105th
anniversary with a grand ball including dinner and
dancing. Special events are scheduled for the week
prior to this event. Call 920-1000. 12/15.
NEW YEAR'S EVE MASQUERADE MADNESS
A popular New Year's.Eve party at the Hotel
Jerome. Always something different and fun, with
a live band, party favors, great food and an open
bar. Tickets are $225, Call 920-1000.12/31.
NEW YEAR'S EVE AT THE RITZ-CARLTON
The Ritz -Carlton throws New Year's Eve parties
in the Lobby Lounge, the Terrace Restaurant, and
The Mill Street Club. Enjoy the casual setting of
the Lobby Lounge with David Estes and David
Harding entertaining from 9 p.m.-1 a.m. Cocktail
bar and a light menu are available. Searing on a
first -come, first -served basis, The Terrace
Restaurant hosts a stylish party with a fourcourse, a
la carte, gourmet menu, and music by a contem-
porary jazz trio. First seating at 6 p.m. is $100 per
person; second seating at 9 p.m. is $200 per person
and includes dancing, a bottle of Perrier Jouet
Champagne per couple, and party favors. At The
Mill Street Club, George Butts plays tunes while
you enjoy a four -course gourmet dinner and then
dance the night away. One seating at 9 p.m. Cost is
$175 per person and includes party favors and a
champagne toast. Call 920-3300 (x2361). 12/31.
NEW YEAR'S EVE MURDER MYSTERY
PARTY AT THE HOTEL COLORADO Enjoy an
evening of fun and mystery at the historic Hotel
Colorado. New Year's Eve package includes hors
d'oeuvres, dinner, parry favors, and dancing, all in
the midst of a murder mystery that needs to be
solved. Call 945-6511.12/31.
ASPEN GAY SKI WEEK A kick-off parry at the
Hotel Jerome at 7 p.m. marks the beginning of this
18th annual, week-long gay celebration. For a
schedule of events call 925-9249.1/21-28.
See Gallery Ustings, page 102, for gallery openings.
BENEFITS
22ND ANNUAL HOLIDAY MART Merchants,
artisans, and craftspeople from the Roaring Fork
Valley and around Colorado feature their wares,
especially holiday crafts, at the Hotel Jerome
Ballroom. A benefit for the Aspen Country Day
School's scholarship fund. Fri. 5-9 p.m.; Sat. and
Sun. 9-5 p.m. Call 925-1909.11/18-20.
GRASSROOTS ASPEN EXPERIENCE
BENEFIT CONCERT Grassroots Aspen, the
organization that brings inner-city youths to the
mountains every winter and summer, hosts a
benefit concert at the Wheeler with members of
the Colorado Symphony. Call 925-6671.11/25.
SILVER BARONS BALL An elegant dinner in
the Hotel Jerome Ballroom followed by dancing
and gambling. All proceeds benfit the Aspen
Historical Society. Event starts at 6:30 p.m. Cost is
$250 per person. Call 925-3721.12/10.
ASPEN MAGAZINE 98 HOLIDAY 1994/95
"(EXT �M�NDMtiN'(
Jean Robert Barbette Text Amendment/Conditional Use
RESPONSE TO ATTACHMENT 2
OF
LAND USE APPLICATION
AND
DEVELOPMENT APPLICATION
1. Letter of authorization attached hereto as Exhibit "B".
2. The street address of the property is: 720 East Hyman Avenue,
Aspen, Colorado (the "Property"). The full legal description
is attached hereto as Exhibit "A".
3. A current Owners Certificate from Pitkin County Title Company
is attached hereto as Exhibit "C". Applicant is Lessee of a
portion of the third floor of the Property pursuant to a ten
,year lease entered into between owner and applicant on March
18, 1994, and applicant is proceeding with the Land Use
Application and Development Application with the full knowledge
and consent of the owner of the Property.
4. An 8 1/2" x 11" vicinity map locating the subject parcel within
the City of Aspen is attached hereto as Exhibit "D".
5. This application is for (1) a Text Amendment to City of Aspen
Land Use Regulations, Section 5-213 C., Conditional Uses,
adding number 9 Health and Fitness Facilities, limiting to no
more than two such conditional uses in each structure in
the Office Zone District and excluding such conditional use
from first and second floors; and, ( 2 ) A Conditional Use Permit
for a Health and Fitness Facility on the third floor of the
Aspen Athletic Club Building. No other development is planned
or anticipated at this time.
RESPONSE TO ATTACHMENT 3
OF
LAND USE'APPLICATION
A. The application requests an amendment to the text of
the Land Use Regulations Section 5-213 Office (0), subsection
C., Conditional Uses. The precise wording of the proposed
amendment shall read as follows:
5-213. C. 9. Health and Fitness Facility,
provided, however, that ( a ) no more than two
(2) such conditional uses shall be allowed in
each structure, and (b) the conditional use
shall not be allowed on the first or second
floor of any structure.
B. The application does not request any amendment to the Official
Zone District Map.
RESPONSE TO ATTACHMENT 4
OF
LAND USE APPLICATION
A. The proposed text amendment is not in conflict with any
applicable portions of the relevant chapter of the Land Use
Regulations.
B. The stated intent of the Commercial/Retail Action Plan is "To
provide incentives for managed strategic growth by locally
serving commercial and office uses and small lodges." The
policies of the Commercial/Retail Action Plan state in part
that "Developments which include locally oriented businesses
should be encouraged via a menu of options." The proposed
text amendment is consistent with these and all other elements
of the Aspen Area Comprehensive Plan.
C. The proposed text amendment is compatible with surrounding
Zone Districts and land uses and consistent with neighborhood
characteristics. The Aspen Athletic Club Building, the
specific site for which the accompanying Conditional Use
Permit Application is submitted, contains the Aspen Athletic
Club, a health and fitness facility, as an ongoing use, which
land use has remained compatible with, in fact has been a
continuing part of, the neighborhood characteristics for over
two decades.
D. The proposed text amendment will have no effect on traffic
generation and road safety.
E. The proposed text amendment will result in no additional
demands on public facilities.
F. The proposed text amendment will result in no adverse
impacts on the natural environment.
G. The proposed text amendment is consistent and compatible with
the community character in the City of Aspen. The residents
of, and visitors to, the City of Aspen are health and fitness
conscious in general, primarily due to the nature of the town
as a ski and summer resort with a significant focus on
physical health. The specific text amendment requested would
make health and fitness facilities more readily and
conveniently available within the City of Aspen.
-2-
H. The changed conditions affecting the surrounding neighborhood
which support the proposed text amendment are the relative
lack of other available space within the City for use as
health and fitness facilities and the fact, which will be
supported by testimony from the leasing agent for the Aspen
Athletic Club Building, Mr. Michael Horn of Coates, Reid &
Waldron, of the changing leasing patterns for office space.
I. The proposed text amendment will not be in conflict with the
public interest, and is in harmony with the purpose and intent
of the relevant chapter of the Land Use Code.
barbette\001
-3-
C� ND I"�I DiJPtL Lt SF,
RESPONSE TO ATTACHMENT 4
OF
DEVELOPMENT APPLICATION
A. The proposed conditional use is consistent with the purposes
goals, objectives and standards of the Aspen Area
Comprehensive Plan. This Development Application is being
submitted contemporaneously with a Land Use Application
requesting a text amendment to the. City of Aspen Land Use
Regulations, Section 5-213 C. , Conditional Uses, adding number
9, Health and Fitness Facilities, limiting to no more than
two, such conditional uses in each structure in the Office
Zone District and excluding such conditional use from first
and second floors. In the event the text amendment is
approved, the conditional use requested will be consistent
with the intent of the Zone District in which it is proposed
to be located.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity. The Aspen Athletic Club,
a health and fitness facility, has been located in the Aspen
Athletic Club Building, the structure for which this
conditional use is being requested, as an ongoing use for over
two decades.
C. The location, size, design and operating characteristics of
the proposed conditional use will have no adverse effects on
visual impacts since it is entirely contained within the third
floor of the Aspen Athletic Club Building. The proposed
conditional use will have no adverse effect on pedestrian and
vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties because
the traffic patterns for the proposed conditional use will
remain consistent with those of currently existing uses within
the Office Zone District and within the Aspen Athletic Club
Building in terms of numbers of persons entering and leaving
the building, the amount of trash generated and the number of
service deliveries required. The proposed conditional use
will have no adverse effect on noise, vibrations and odor on
surrounding properties because it is entirely contained within
the third floor of an existing building.
cop
E.
F.
The proposed conditional use will result in no additional
demands on public facilities.
The proposed conditional use will not create a need for
increased employee housing.
The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
barbette\review.conditional use
1%
PLANNING & ONING COMMISSION
Sec. 5.213. Office (0). EXHIBIT , APPROVED ►
19 BY RESOLUTION •
A. Purpose. The purpose of the Office (0) zone district is to provide for the establishment
of offices and associated commercial uses in such a way as to preserve the visual scale and
character of former residential areas that now are adjacent to commercial and business areas,
and commercial uses along Main Street and other high volume thoroughfares.
B. Permitted uses. The following uses are permitted as of right in the Office (0) zone
district.
)
1. Detached residential dwellings and multi -family dwellings;
2. Professional business offices;
3. Accessory residential dwellings restricted to affordable housing guidelines;
4. Home occupations;
5. Group homes;
6. Accessory buildings a-nd uses;
7. Dormitory; and
8. A mixed -use buildings) comprised of a residential dwelling unit and permitted and
conditional uses in the Office (0) zone district so long as such conditional use has been
approved subject to the standards and procedures established in Article 7, Division 3
of this chapter.
C. Conditional uses. The following uses are permitted as conditional uses in the Off -ice (0)
zone district, subject to the standards and procedures established in Article 7, Division 3.
1. Only for those structures that have received historic landmark designation: antique
store, art studio, bakery, bed and breakfast, boarding house, bookstore, broadcasting
station, church, dance studio, florist, fraternal lodge, furniture store, mortuary, music
store (for the sale of musical instruments), music studio, restaurant, shop craft in-
dustry, visual arts gallery, and provided, however, that (a) no more than two (2) such
conditional uses shall be allowed in each structure, and (b) off-street parking is pro-
vided, with alley access for those conditional uses along Main Street;
2. Duplex residential dwelling, of which one unit shall be restricted as affordable housing
to the middle income price and occupancy guidelines. The affordable housing unit
shall comprise a minimum of one-third (1/3) of the total floor area of the duplex. In the
alternative, both may be free market units if an accessory dwelling unit shall be
provided for each unit;
S. Two (2) detached residential dwellings or a --duplex on a lot containing a historic
landmark with a minimum area of 6,000 square feet, of which one unit shall be
restricted as affordable housing to the middle income price and occupancy guidelines.
The affordable housing unit shall comprise a minimum of one-third (1/3) of the total
floor area'of the two (2) dwellings. In the alternative, both may be free market units
if an accessory dwelling unit shall be provided for each unit;
4. Day care center;
5. Commercial parking lot or parking structure that is independent of required off-street
parking, provided that it is not located abutting Main Street;
6. Satellite dish antennae;
7. Reserved; and
i
8. Accessory dwelling units meeting the provisions of Section 5.510.
PLANNING &
CING COMMISSION
EXHIBIT APPROVED
19 BY ITESOLUTION
� 0 M 0 (63 za.-N., I P10) 41
TO: Kim Johnson, City Planner
FROM: Cindy Christensen, Housing Office
DATE: March 15, 1995
RE: Barbette Text Amendment and Conditional Use Review
Parcel ID No. 2737-182-11-
After reviewing t."'--e application, staff agrees that since this
proposed conditional use is already contained within the third of
the Aspen Athletic Club Building, that this will not create a need
for increased employee housing.
Should the use be _or anything other than what is being proposed,
the dousing office would need to readdress the need for additional
housing.
1�
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Any Amidon, Historic Preservation Officer
DATE: March 21, 1995 (Public hearing tabled from March 7, 1995)
RE: Amendments to HPC related sections in the Land Use
Code
SUMMARY: Planning and HPC recommend approval of this list of
amendments to the land use code. These changes are proposed as
part of a grant from the Colorado Historical Society and are
intended to eliminate unclear language and to eliminate "loopholes"
in the HPC review.
Following is the entire division of the code which applies to HPC
review procedures, with explanations for proposed amendments
inserted. On March 7, P&Z discussed those amendments listed
through page 8. Staff has made minor adjustments based on P&Z's
comments and City Attorney input. Other sections which have not
been discussed have also been altered slightly since March 7.
PROCESS: Code amendments follow a two-step review process. The
Planning and Zoning Commission shall consider the amendments at a
public hearing, and forward a recommendation to Council for
Ordinance adoption at a public hearing. HPC has reviewed the
amendments in a worksession format.
STAFF PROPOSAL: The recommended changes are:
DIVISION 6. DEVELOPMENT IN A H, HISTORIC OVERLAY DISTRICT OR
INVOLVING " HISTORI-e T TINT RAnRX THE INVENTORY OF HISTORIC SITES AND
STRUCTURES
(Division 6 deals with all of the properties on the inventory, not
just the landmarks.)
Sec. 7-601. General applicability and p tients. Minor
Development, Significant Development and Exemntions.
(The titles of sections 7-601 and 7-602 have been changed to
clarify exactly what types of review are discussed in those
sections)
+•+. 9y . ipm
y..7a h4 tee General. Any
development within a H, Historic Overlay District or development
involving a historic landmark must be reviewed in accordance with
1
the provisions of this Section 7-601 and Common Procedures, Article
6, Division 2, unless exempted by the }lam community
development director under Section 7-601(C). If not exempted,
development is categorized as minor or significant development
which must obtain approval of the HPC. Minor development review and
approval is a one-step process and requires no public hearing.
Significant development must go through a conceptual and final
development plan review and approval process, with a public hearing
occurring at the time of conceptual development plan review.
B. General prohibition. No development shall be permitted
within the H, Historic Overlay District or involving a historic
landmark unless:
1. The development is not subject to the provisions of this
section; or
2. The development is exempted pursuant to Section 7-
601 (C) ; or ,
3. The development is approved by the HPC as either minor
or significant development pursuant to the procedures
outlined in Common Procedures, Article 6, Division 2,
because it meets the standards of Section 7-601(D).
C. Exemption.
1. Development which is not subject to the provisions of
this section shall include any interior remodeling of a
structure, repainting of the exterior of an already
painted structure and choice of color of any exterior
architectural feature. Such development shall not require
the review by the plan-i" community development director
or HPC, and shall proceed directly to building permit
review, when a building permit is required for the
development.
(Throughout sections 7-601 to 7-710, all references to the planning
department and the planning director have been changed to community
development department and community development director
respectively.)
2. Development which the planning community development
director shall exempt shall include repair of existing
architectural features, replacement of architectural
features when found necessary for the preservation of the
structure,. and similar remodeling activities which create
no change to the exterior appearance of the structure and
have no impact on its character. The community
develoment director shall also exempt signs which are
not reviewed under section 7-601(F) (2) (A) . Within the
Commercial Core, the community development director shall
2
I/
exempt any significant changes in the site design of an
individual property, such as paving and new street
furniture. The community development director shall also
exempt any development reguired for compliance with the
Americans with Disabilities Act when it affects a non -
historic structure in the H, Historic Overlay District
and has no significant impact on the character of the
structure. For any of the exemptions listed above, the
community development director may place conditions on
the exemption which are relevant to mitigation of impacts
to the -affected -historic site or structure or adjacent
historic sites or structures. An appeal of a community
development director exemption is to the Historic
Preservation Commission.
(Previously, signs and building alterations for ADA compliance were
generally reviewed as minor development, requiring a meeting before
HPC, so this is a decrease in the application process. Some signs
will still be reviewed at HPC, under section 7-601(F)(2)(A), when
they cause permanent damage to a historic structure in the way they
are constructed.
In terms of the changes to site design, this has not been addressed
in the past. In Staff's opinion, significant changes to paved or
planted areas., planter boles, benches and similar items should be
reviewed in the Commercial Core 1. Historic District. The review, a
Community Development Director exemption, will be simple but will
allow for appropriate conditions or suggestions to be made.)
3. Before any proposed development can be considered for an
exemption under the provisions of this. section, an
application for exemption shall be submitted to the
planning community development director and develepment
in the form provided by the planning. community
development director.
D. Review standards for all development in H Historic
Overlay District and all development involving historic landmarks.
1. Development in Historic Overlay District and all
Development involving historic landmarks. No approval for
any development in the H, Historic Overlay District or
involving historic landmarks shall be granted unless the
HPC finds that all of the following standards are met.
a. The proposed development is compatible in eharae�..�
general design, massing and volume, scale and site
lan with designated historic structures located on
the parcel and with development on adjacent parcels
when the subject site is in an H, Historic Overlay
District or is adjacent to an Historic Landmark. For
Historic Landmarks where proposed development would
K
extend into front yard, side yard and rear yard
setbacks, extend into the minimum distance between
buildings on the lot or exceed the allowed floor
area by up to 500 sq.ft. or the allowed site
coverage by up to 5 a , HPC shall f-� may grant such
variances after making a finding that such variation
is more compatible in character with the historic
landmark and the neighborhood, than would be
development in accord with dimensional requirements.
In no event shall variations pursuant to this
section exceed those variations allowed under the
Cottage Infill Program for detached accessory
dwelling units, pursuant to section 5-
510(B) (2) .
(Review standards 3 and 4 deal sufficiently with character issues.
In terms of achieving real compatibility between historic
structures and additions or new structures built adjacent to
historic structures, issues such as mass and scale must be
addressed. The "Historic Landmark and Historic District
Development Guidelines", a separate document which was written in
1987, describe appropriate solutions.
HPC has been able to offer a number of development related
incentives for historic landmarks for some time. Under section 7-
601(D) (1) (A)'. the maximum PAR bonus available is clearly stated as
S00 sq.ft. and a site coverage variance of 5% has been added. The
site coverage variance has been added because HPC has found that
this gill allow more design flexibility and an alternative to
building a tall confined mass behind or practically on top of a
smaller historic structure. A new addition gill be allowed to
spread some of the mass out instead of up. 'In order to grant the
allowed variances, HPC must make a finding that this is more
compatible not only With the historic structure, but also the
neighborhood.)
b. The proposed development reflects and is consistent
with the character of the neighborhood of the parcel
proposed for development; and
C. The proposed development enhances or does not
detract from the eu t•,r l value historic
significance of designated historic structures
located on the parcel proposed for development or
adjacent parcels; and
("Historic significance" is replacing "cultural value'• because it
is a more easily understood term. The HPC has three categories of
historic significance, detailed in section 7-709(C).)
d. The proposed development enhances or does not
diminish or detract from the architectural character
4
VX
and integrity of a designated historic structure or
part thereof.
(This is the standard under which HPC Will focus on character and
the features that define the style of the building.)
2. Additional development guidelines. The city council, upon
recommendation of the HPC, shall establish additional
guidelines for use by HPC in the review of all
development in a H, Historic Overlay District, and
involving historic landmarks, in accordance with the
procedures in Article 4 Division 1.
E. Minor development.
1. Procedure for review. Before HPC approval of minor
development and of all development involving historic
landmarks, a development application shall be submitted
to the }.-Ia-nffia: community development director and
reviewed and approved by the HPC pursuant to the
procedures established in Common Procedures, Article 6,
Division 2.
2. Definition. Minor development shall be defined as
follows:
a. Erection of an awning, canopy, sue, fence
mechanical equipment or -other similar attachments
to, or accessory features of a structure, provided
however, that in the process of erecting said
attachments, none of the significant features
original materials of the structure are destroyed
or permanently removed. Incidental destruction or
limited removal necessary to erect any attachment
shall not make the action significant development;
(Mechanical equipment, especially rooftop equipment has been
problematic in. the Commercial Core. HPC will review new mechanical
equipment with the goal of placing equipment so it has the least
visual impact from the street as Well as looking down from Aspen
Mountain, by directing applicant's to select the smallest units
possible. and to consolidate units, and by requesting that equipment
be painted so that. it fades away. "Original materials" has been
replaced with "significant features" because this is deals more
generally with all of the building materials.)
b. Remodeling of a structure where alterations are made
to no more -than one element of the structure,
including but not limited to a roof, window, door,
skylight, ornamental trim, siding, kickplate,
dormer, porch, staircase, and balcony;
5
C. Expansion or erection of a structure wherein the
increase in floor area of the structure is two
hundred fifty (250) square feet or less; or
d. Erection or remodeling of combinations of, or
multiples of no more than three ( 3 ) of the following
features: awnings, canopies, signs, fences and other
similar attachments; or windows, doors, skylights
and dormers. Erection of more than three (3) of the
above listed features may be defined as minor if
there is a finding that the cumulative impact of
such development is minor in its effect on the
character of the existing structures.
e. Erection of street furniture, sians
benches, public art, or similar
development which is to be placed
throughout the Commercial Core or
Main Street Historic Districts. The
community development director may
determine that the development is to
be reviewed as a significant
development, pursuant to Section 7-
601(F). Public hearing requirements
will not apply.
(HPC review of development which impacts the entire Commercial
Core Historic District or Main Street Historic District is to be
added to the definition of minor development. This includes
.thingslike parking meters, benches, streetsigns, newspaper
condominiums, etc. No formal process has existed for this type of
development before, which has led to some confusion as to what the
HPC•s role should be. These type of streetscape issues are
clearly important to the character of our historic districts.)
3. Application. A development application for minor
development shall include the following:
a. The general application information required in
Section 6-202.
b. Res ry A 'site plan or survey (to be determined
at the pre -application conference) showing property
boundaries and predominant existing site
characteristics.
(Depending on the extent of the project, a site plan or survey
will be required for a building permit.)
C. An accurate representation of all major building
materials, such as samples and photographs, to be
used for the proposed development.
6
W
d. A scale drawing of the proposed development in
relation to ate -existing structure.
e. A statement of the effect of the proposed
development on the original design of the historic
structure (if applicable) and character of the
neighborhood.
F. Significant development.
1. Procedure for review. Before HPC approval of significant
development within a H, Historic Overlay District and of
all development involving historic landmarks, a
conceptual development plan and final development plan
shall be reviewed and approved by the HPC pursuant to
the procedures established in Common Procedures, Article
6, Division 2.
2. Definition. Significant development shall be defined as
follows:
a. Erection of an awning, canopy, sign, fence or other
similar attachments to, or accessory features of,
a structure that, in the process of erecting, cause
significant features materials of the
structure to be permanently destroyed or removed;
b. Erection or remodeling of combinations of, or
multiples of any single feature of a structure
which has not been determined to be minor;
C. Expansion or erection of a structure wherein the
increase in floor area of the structure is more
than two hundred fifty ( 2 5 0 ) square feet;
d. Construction of a new structure within a H,
Historic Overlay District; and
e. The development of the site of an historic landmark
which has received approval for demolition, partial
demolition off -site or on -site relocation when a
development plan has been required by the HPC
pursuant to Section 7-602±±±(5) .
(Relocation review has been broken down into "off -site" and "on -
site•', which is discussed further into the memo. The applicable
.section which requires a site to be reviewed as a significant
development has been changed.)
3. Conceptual development plan.
7
a. Development application e-f for conceptual
development plan. A development application for a
conceptual development plan shall include the
following:
(1) The general application information required
in Section 6-202.
(2)
e....sting site yh..raet r stle`s . _ A site plan
and a survey showing property boundaries and
predominant existing site characteristics.
(This will be required for building permit as well.)
(3) Conceptual selection of major building
materials to be used in the proposed
development.
( 4 ) A statement of the effect of the proposed
development on the original design of the
historic structure (if applicable) and/or
character of neighborhood.
Scale drawings of all elevations of any
proposed structures, including a roof plan.
(This is added to be specific about what type of drawings will be
required for the review.)
161 A visual description of the neighborhood
context through diagrams, maps, photographs,
models, or streetscape elevations.
(This is added so that HPC may more carefully analyse the
surrounding neighborhood and take contextual issues into account
when reviewing a proposed. development. The review standards
currently call for HPC to make a finding that a proposed
development is compatible with the neighborhood. The intent will
be to obtain the required information without adding excessive
costs to the applicant.)
b. Effect of approval of conceptual development plan.
Approval of a conceptual development plan shall not
constitute final approval of significant
development or permission to proceed with
development. Such approval shall constitute only
authorization to proceed with a development
application for a final development plan.
C. Limitation on approval of conceptual development
8
P14
plan. Application for a final development plan
shall be filed within one (1) year of the date of
approval of a conceptual development plan. Unless
an extension is granted by the HPC, failure to file
such an application shall render null and void the
approval of a conceptual development plan
previously granted by the HPC.
4. Final development plan.
a. Submission of application for final development
plan. A development application for a final
development plan shall include:
(1) The general application information required
in Section 6-202.
(2) Reserved.
(3) An accurate representation of all major
building materials, such as samples and
photographs, to be used -for the proposed
development.
(4)
relatlen te any existing . Finalized
drawings of the proposal at 114"=1'0 scale.
(At the final development review, the design should be approaching
the working drawing phase. 1/4" scale provides enough information
about the details of a structure and is preferred by the building
department.)
(5) A statement of the effect of the details of
the proposed development on the original
design of the historic structure (if
applicable) and character of the neighborhood.
(6) A statement of how the final development plan
conforms to the representations made during
the conceptual review and responds to any
conditions placed thereon.
(Ord. No. 6-1989, § 9; Ord. No. 60-1990, § 3)
Sec. 7-602. Demolition, partial demolition orri=vearrvn-r, off -
site relocation, on- site relocation, or temporary relocation.
(Throughout section 7-602, relocation has been replaced with "off -
site relocation, on -site relocation or temporary relocation."
Off -site and on -site relocations are both permanent and have
different implications and impacts. Off -site relocation is
considered the least desirable solution. Temporary, relocation
;�
9
deals with buildings being moved temporarily to facilitate nev
construction, or excavation and then replacing them in their
original location. Currently all types of relocation are revieved
under the same standards, which is not appropriate and makes the
reviews confusing.)
A. General. No demolition, partial demolition er releeati „
,off -site relocation, on -site relocation, or temporary relocation
of any structure included in the Inventory of Historic Sites and
Structures of the City of Aspen, established pursuant to section
7-709, or any structure within an "H" Historic Overlay District
shall be permitted unless the demolition, partial demolition er
re ....a ; ,off -site relocation, on -site relocation, or temporary
relocation is approved by the HPC because it meets the applicable
standards of section 7-602 (B) , (C)-, er- (D) , (E) , or (F) unless
exempted pursuant to section 7-602+E+LGa. For the purposes of
this section, "demolition" shall mean the total razing of any
structure on an inventoried parcel which contributes to the
historic significance of that parcel. "Partial demolition" shall
mean the razing of a portion of any structure on an inventoried
parcel or the total razing of any structure on an inventoried
Parcel which does not contribute to the historic significance of
that parcel.
(The current standards for reviev of demolition, partial
demolition and relocation were adopted in 1989 and amended in
1991, They were intentionally written to make it difficult to
receive approval to totally demolish a structure. The adoption of
Ordinance 1, Series of 1990, affected these standards by defining
a building as demolished if less than 50% of it remains in place.
This has been problematic for HPC in that in some cases the
historically significant portion of a structure may only amount
to, for instance, 40% of the PAR of an existing structure. In
order to approve a demolition of an addition that may be
incompatible anyway,. it must be revieved as a total demolition.
As stated above, those standards are very difficult to meet. The
nev language is mitten so that total demolition of a historic
structure must meet the more stringent standards, partial
demolition of a historic structure has a thorough review but
approval is not difficult when appropriate, and total demolition
of a non -historic building on the same property as a historic
structure (for instance a garage built in 1975) can be
accomplished through the lesser standards (partial demo.) as vell.
By tying this definition to this section only, the requirements of
Ord. 1, Series of 1990 will still apply.)
B. Standards for review of demolition. No approval for
demolition shall be granted unless the HPC finds that all of the
following standards are met.
1. The structure proposed for demolition is not
structurally sound despite evidence of the owner's
10
\'v
efforts to properly maintain the structure; and
2. The structure cannot be rehabilitated or reused on site
to provide .for any reasonable beneficial use of the
property; and
3. The structure cannot be practicably moved to another
site in Aspen; and
4. The applicant demonstrates that the proposal mitigates
to the greatest extent practical, the following:
a. Any impacts that occur to the character of the
neighborhood where demolition is proposed to occur.
b. Any impact. on the historic impe tanee significance
of the structure or structures located on the
parcel and adjacent parcels by limiting demolition
of original or significant features and additions.
("Historic importance" is changed to "historic significance" to be
more clear and consistent with other language in this division.)
C. Any impact to the architectural character and
integrity of the structure or structures located on
the parcel and adjacent parcels by designing new
additions so that they are compatible in mass and
scale with the historic structure.
C. Standards for review of partial demolition. No approval
for partial demolition shall be granted unless the HPC finds that
all of the following standards are met:
1. The partial demolition is required for the renovation,
restoration or rehabilitation of the structure; and
2. The applicant has mitigated, to the greatest extent
possible:
a. Impacts on the historic impertanee significance of
the structure or structures located on the parcel.
b. Impacts on the architectural character or integrity
of the structure or structures located on the
parcel.
D. Standards for review of off -site relocation. No approval
for off -site relocation shall be granted unless the HPC finds that
all of the following standards are met:
1. The structure cannot be rehabilitated or reused on its
original site to provide for any reasonable beneficial
11
use of the property; and
2. The relocation activity is demonstrated to be the best
preservation method for the character and integrity of
the structure, and the historic integrity of the
existing neighborhood and adjacent structures will not
be diminished due to the relocation; and
3. The structure has been demonstrated to be capable of
withstanding the physical impacts of the relocation and
re -siting. A structural report shall be submitted by a
licensed engineer demonstrating the soundness of the
structure proposed for relocation; and
4. A relocation plan shall be submitted, including posting
a bond or other financial security with the engineering
department, as approved by the HPC, to insure the safe
relocation, preservation and repair (if required) of the
structure, site preparation and infrastructure
connections. The receiving site shall be prepared in
advance of the physical relocation; and
5. The receiving site is compatible in nature to the
structure or structures proposed to be moved, the
character of the neighborhood is consistent with the
architectural integrity of the structure, and the
relocation of the historic structure would not diminish
the integrity or character of the neighborhood of the
receiving site. An acceptance letter from the property
owner of the receiving site shall be submitted.
E. Standards for review of on -site relocation. No approval
for on -site relocation shall be granted unless the HPC finds that
the standards of section 7-602 (D) (2) , (3) , and ( 4 ) have been met.
F. Standards for review of temporary relocation. No
approval for temporary relocation shall be granted unless the HPC
finds that the standards of section 7-602(D)(3) and (4) have been
met.
(The standards which will apply to on -site relocation require a
determination that the activity is appropriate and that the
structure can physically withstand being moved.)
E--G. Exemption. The demolition, partial demolition e-r
releea __ , off -site relocation, on -site relocation, or temporary
relocation of a structure located within an "H" Historic Overlay
District may be exempt from meeting the applicable standards in
section 7. 602 (B) , (C) , e-r (D) , lE) or (F). if the HPC finds that
the following conditions have been met:
1. The structure is not identified on the Inventory of
12
Historic Sites and Structures.
2. The structure is considered to be noncontributing to the
historic district.
3. The structure does not contribute to the overall
character of the historic district, and that its
demolition, partial demolition e- loff-site relocation,
on -site relocation or temporary relocation does not
impact the character of the historic district.
4. The demolition, partial demolition e-r off -site
relocation, on -site relocation or temporary relocation
is necessary for the redevelopment of the parcel.
5. The redevelopment or new development is reviewed by HPC..
pursuant to section 7-601.
F—.H. Procedure for review. A development application shall be
submitted to the histerie preservatlen effieer community
development director before HPC approval of demolition, partial
demolition er off -site relocation, on -site relocation, temporary
relocation, or exemptionHisterie
which shall be reviewed and approved by the HPC
pursuant to the procedures established in Common Procedures,
Article 6, Division 2.
The HPC shall be authorized to suspend action on demolition,
partial demolition e-r , off -site relocation, or on -site relocation
application when it finds that it needs additional information to
determine whether the application meets the standards of section
7.602-FBA- or that the proposal is a matter of such great public
concern to the city that alternatives to the demolition, partial
demolition er , off -site relocation or on -site relocation must be
studied jointly by the city and the owner. Alternatives which the
HPC may consider having studied shall include, but not be limited
to finding economically beneficial uses of the structure, removal
of the structure to a suitable location, providing public subsidy
to the owner to preserve the structure, identifying a public
entity capable of public acquisition of the structure, or revision
to the demolition, partial demolition er , off -site relocation or
on -site relocation and development plan. The HPC shall be required
to specify the additional information it requires or the
alternatives it finds should be studied when it suspends action on
the development, demolition, partial demolition er off -site
relocation, or on -site relocation application. Action shall only
be suspended for the amount of time it shall take for the
necessary information to be prepared and reviewed by the planning
community development director, but in no case shall suspension be
for a period to exceed six (6) months.
&-:I. Application for demolition, partial demolition, off-
13
\t
site relocation, on -site relocation, or temporary relocation. er
re4eeatien. A development application fee shall include
the following:
1. The general application information required in section
6-2 02 .
2. A written description of the structure proposed for
demolition, partial demolition, off -site relocation, on -
site relocation, temporary relocation or exemption--er
re eeat e and its year of construction.
3. A report from a licensed engineer or architect regarding
the soundness of the structure and its suitability for
rehabilitation.
4. For demolition or off -site relocation only; An economic
feasibility report that provides:
a. Estimated market value of the property on which the
structure lies, in its current condition, and after
demolition or relocation.
b. Estimates from an architect, developer, real estate
agent or appraiser experienced in rehabilitation
addressing the economic feasibility of
rehabilitation or reuse of the structure proposed
for demolition or relocation.
C. All appraisals made of the property on which the
structure is located made within the previous two
(2) years.
d. Any other information considered necessary to make
a determination whether the property does yield or
may yield a reasonable return on investment.
5. For demolition, partial demolition, off -site relocation
and on -site relocation only; A development plan and a
statement of the effect of the proposed development on
the other structures on the property and the character
of the neighborhood around the property shall be
submitted so that HPC is able to make a finding whether
the applicable standards are met. In the case of a
demolition or off -site relocation, the development plan
will be reviewed as a Significant Development
application, pursuant to section 7-601.
eases when
believes the subfftissien of a deyelepment plan will
assist in the evaluatlen of the prepesed defaelitierr.-
14
(The standards for review of partial demolition have been
problematic. HPC is to evaluate whether or not the applicant has
mitigated impacts on the historic significance and architectural
integrity of the affected .structure, but this is difficult to do
without knowing vhat*the partial demolition approval is "clearing
the gray for." Many of 'the more offensive additions to historic
structures in the West End (the "hunchbacks") did not have any HPC
review beyond their giving approval to tear down a non -historic
part of the building. To deal with this situation, an amendment
is proposed giving them the authority to review any new addition
in ter3ms of mass and scale to determine if it mitigates impacts as
described above. This is listed as a task in the AACP "Historic
Preservation and Design Quality" chapter.)
- H-.J . Application for-Depm)= i-en-- Exemption from Demolition,
Partial Demolition er Off -site relocation, on -site relocation or
Temporary -Relocation. A development application for part
d.,,,..e : a. ' .n exemption shall include all items specified in section
7-602 , . (I) (1) and (2) .
(The application requirements for partial demolition are now
addressed under section 7-602(I). Exemption for this review will
only require the general development application requirements in
6-202 and a written description of the structure and its
construction date.)
�-K. Penalties. A violation of any portion of this section 7-
602 shall prohibit the owner, successor or assigns from obtaining
a building permit for the affected property for a period of five
(5) years from the date of such violation. The city shall initiate
proceedings to place a deed restriction on the property to this
effect to insure the enforcement of this penalty.
(Ord. No. 17-1989, § 1; Ord. No. 9-1991, § 1)
Sec. 7-603. Insubstantial amendment of development order.
A. An insubstantial amendment to an approved development
order may be authorized by the plate community development
director. An insubstantial amendment shall be limited to technical
or engineering considerations, first discovered during actual
development which could not reasonably be anticipated during the
approval process. An insubstantial amendment shall be defined as
a change in shape or location of a single window, awning, door,
staircase or other feature on the structure or use of a material
made by a different manufacturer that.has the same quality and
approximately the same appearance as originally approved.
B. All other amendments shall be approved by the HPC pursuant
to Section 7-601 to 7-602, whichever is applicable.
Sec. 7-604. Appeal and call up.
15 /
A. Any action by the HPC in approving, approving with
conditions, or disapproving a development order
denelitien or suspending action on a demolition, partial
demolition, off -site relocation, or on -site relocation application
or in rating a structure on the inventory of historic sites and
structures may be appealed to the city council by the applicant or
a landowner within three hundred (300) feet of the subject
property within sixty (60) days of the decision. The reasons for
the appeal shall be stated in writing.
The city council may also call up for review any decision of the
HPC approving, disapproving, or suspending action on a demolition
er , partial demolition, off -site relocation or on -site relocation
of ahiste ie lanelmark er any structure on the inventory ef-
by
serving written notice on the HPC within fourteen (14) days of the
HPC's decision and notifying the applicant of the call up.
A property owner Will be able to appeal any decision of the HPC to
Council. Council will be able to call up any decision of the HPC
regarding'a demolition, partial demolition, off -site relocation,
or on -site relocation review, affecting any structure on the
inventory of historic sites and structures (not just landmarks).
The numerical rating system is no longer being used.)
B. Within thirty (30) days after the date of a decision by
the HPC which is appealed or called up by the city council, the
council shall hold a public hearing after publishing notice
pursuant to Section 6-205E.3.a.
C. The city council shall consider the application on the
record established before the HPC. The city council shall affirm
the decision of the HPC unless the city council shall determine
that there was an abuse of discretion, or a denial of due process
by the HPC. Upon determining that there was an abuse of discretion
or denial of due process, the city council shall be authorized to
take such action as it shall deem necessary to remedy said
situation, including but not limited to reversing the decision,
altering the conditions of approval, changing the length of time
during which action on a demolition,- partial demolition, off -site
relocation or on -site relocation application has been suspended or
the terms of the suspension, or remanding the application to HPC
for rehearing.
(Ord. No. 7-1989, § 2)
Sec. 7-605. Variances.
The board of adjustment shall not take any action on a
development application for a variance pursuant to Article 10, in
the H, Historic Overlay District or development affecting a
historic landmark, without receiving a written recommendation from
00
�0
the HPC.
Sec. 7-606. Minimum maintenance requirements.
A. Purpose. The intent of this section is to reduce the
incidence of "demolition by neglect."
B. Requirements. All buildings and structures identified in
the inventory of historic sites and structures as described in
Section 7-709, and all structures located within a historic
district, shall be maintained to meet the requirements of the
Uniform Conservation Building Code (UCBC) and the Uniform Building
Code (UBC). Said structures shall receive reasonable care,
maintenance and upkeep appropriate for the preservation,
protection, enhancement, rehabilitation, reconstruction,
perpetuation or use in compliance with the terms of this article.
Every owner or person in charge of such building or structure
shall keep in good repair:
(There have been problems in the past in holding an absentee owner
responsible for the deterioration of a structure, therefore, the
owner as Well as the "person in charge" (a tenant) will be held
responsible.)
1. All of the exterior portions of such improvements.
2. All interior portions thereof which, if not so
maintained, may. cause or tend to cause the exterior
portions of such improvements to deteriorate, decay or
become damaged or otherwise to fall into a state of
disrepair.
The historic preservation commission, on its own initiative, may
file a petition with the chief building official requesting that
said official proceed under the provision of this section to
require correction of defects or repairs to any structure covered
by this article so that such structure shall be preserve *and
protected in consonance with the purpose of this article.
C. Demonstration of hardship. Any owner of a structure
identified in the inventory of historic sites and structures which
HPC and the chief building official finds requires such
maintenance and repairs as described in this section may make
application requesting from the city council a one-time, no
interest loan, in an amount not to exceed ten thousand dollars
($10,000.00), which the owner shall agree to pay back to the city
within ten (10) years or when the property is sold or the title is
transferred, whichever is the soonest. An extension of the payment
period may be granted by the city council, following written
request by the owner.
17
To be eligible for the loan, the owner shall submit a written
request to the pla-nni community development director, which
shall include a description of the proposed repairs necessary to
maintain the historic structure and approximate costs for such
repairs. The loan request shall also demonstrate economic hardship
which previously prohibited these repairs and that the loan amount
is the minimum needed to maintain the structure.
The loan request shall be considered by the city council. Any loan
granted by the council shall be administered through the planning
community development director, who shall obtain copies of bills
from the owner substantiating all expenditures made to maintain
the structure with monies obtained from the loan.
D. Penalties waived. The general penalties for violations
of the Aspen Municipal Code contained in Chapter 1, Section 1-8,
shall not apply to violations of these minimum maintenance
requirements.
(Ord. No. 7-1989, § 2)
DIVISION 7. HISTORIC OVERLAY DISTRICT AND HISTORIC LANDMARKS
Sec. 7-701. Reserved.
Editor's note --Ord. No. 60-1989, § 2,. repealed § 701,
relative to the purpose of the division, which derived from Ord.
No. 5-1988.
Sec. 7-702. Standards for designation.
Any structure or site that meets one or more of the following
standards may be designated as H, Historic Overlay District and/or
historic landmark:
A. Historical importance. The structure or site is a
principal or secondary structure or site commonly identified or
associated with a person or an event of historical significance to
the cultural, social or political history of Aspen, the State of
Colorado, or the United States.
B. Architectural importance. The structure or site reflects
an architectural style that is unique, distinct or of traditional
Aspen character.
C. Architectural importance. The structure or site embodies
the distinguishing characteristics of a significant or unique
architectural type or specimen.
D. Architectural importance. The structure is a significant
work of an architect whose individual work has influenced the
character of Aspen.
18
E. Neighborhood character. The structure or site is a
significant component of an historically significant neighborhood
and the preservation of the structure or site is important for the
maintenance of that neighborhood character.
F. Community character. The structure or site is critical
to the preservation of the character of the Aspen community
because of its relationship in terms of size, location and
architectural similarity to other structures or sites of
historical or architectural importance.
Sec. 7-703. Procedure for designation, amendment, rescinding.
A development application for a proposed designation,
amendment to a designation, or rescinding of a designation, H,
Historic Overlay District and/or historic landmark, shall be
reviewed and recommended for approval, approval with conditions,
or disapproval by the planning community development director, a�t
publie by the HPC, the planning and zoning
commission at a public hearing, and then approved, approved with
conditions, or disapproved at a public hearing by the city council
in accordance with the procedures established in Common
Procedures, Article 6, Division 2.
(No public hearing is required at HPC per section 5-608.)
Sec. 7-704. Application.
The application for historic designation shall include the
following:
A. The general application information required in Section
6-202; and
B. A boundary description of the site.
C. If the applicant intends to request a grant from city
council, a letter making the request shall be submitted,
provided the
program has been funded in the annual City of Aspen
budget. Any residential structure which is designated
as a historic landmark after January 1, 1995 is eligible
to receive a $2,000 grant on a one time basis, until the
yearly budget allotment is spent.
(Ord. No. 6-1989, § 9)
(When the grant program was initially adopted, only those
structures rated a 114" or 115" (on a 1-5 scale, with 5 being the
highest significance) were to be eligible for the grant. As
stated above, the City no longer uses this numerical system.
19
Also, it is Staff's opinion that any site eligible for landmark
designation should be eligible to receive this grant. If the
structure is less significant because it has many alterations,
there is even more reason to assist the property owner in some of
the rehabilitation costs.)
Sec. 7-705. Recordation of designation.
Upon the effective date of an act by the city council
designating a H, Historic Overlay District or Historic Landmark,
the secretary of the HPC shall notify the city clerk of the
designation, who shall record among the. real estate records of the
clerk and recorder of Pitkin County, Colorado, a certified copy of
the ordinance creating the H, Historic Overlay District or
historic landmark. The ordinance shall contain a legal description
of the structure or site designated.
Sec. 7-706. Placement on city's official zone district map.
Upon the effective date of an act by the city council
designating H, Historic Overlay District or historic landmark, the
secretary of the HPC shall notify the plannireeff community
development director and the plate community development
director shall place the H, Historic Overlay District designation
on the city's official zone district map, which is kept in the
. community development department.
Sec. 7-707. Rescinding designation.
An application for rescinding designation shall follow the
same submission requirements and review procedures as for
designation described in this division except that with respect to
Section 7-704(C), an explanation shall be included describing why
the designated site or structure is not consistent with the
standards in Section 7-702.
Sec. 7-708. Establishment of district.
There are two (2) existing H, Historic Overlay Districts in
the city. These districts are the Commercial Core District and the
Main Street District. In all cases when districts are discussed in
this chapter, these two (2) districts are the only districts to
which reference is being made.
Sec. 7-709. Establishment of inventory of historic sites and
structures.
Section 7-709 has been changed to read the inventory of historic
sites and structures. Historic structures refers to buildings or
a group of buildings on a parcel. A historic site implies that
the parcel has significance as an archaeological site, cemetery,
park or some other type of landscape. There may be buildings on
20
the site, but that is not its primary use. All references to the
inventory of historic structures have been changed to the
inventory of historic sites and structures.
A. There is hereby established an inventory of historic
sites and structures in the City of Aspen. The inventory shall be
ey
maintained in the offices of the
community development department at all times for inspection by
the general public during regular business hours. The inventory of
historic sites and structures shall include all structures in the
. . which are at
City of Aspen
4+0
least fiftyyears old and which continue to have historic value,
and such other structures identifiedby the HPC as being
outstanding examples of more modern architecture. sHistoric m sites
are but
arcels which may or may not have structure
primarily have sianificance as'parks, cemeteries, archaeological
resources or similar t es of landsca es A11 properties included
on the inventor will be adopted b legal descriand HPC
will have the approDriate review authority --over the entire
property. In the case that an applicatl.onis made for a lot split
on an inventoried arcel HPC shall review the a lication in
terms of impacts on the si nificance of the historic resource and
shall propose an a ro riate conditionsonin commission
recommendation for denial to the lannin and
and city council.
ears old is the age which historic preservation generally
(Fifty y be
uses as the time.when aproperty may in to be historically q
significant. Aspenfs ski history. and modernist tradition are very
important parts of our local history and resources from these
periods Which do have significance must be addressed or they are
P It is not the intention of the HPC to include
likely to be lost.
every skiing era "shack" on the inventory. HPC will focus on
those which are unique or have some special value to the
community. Council has final review on inventory adoptions, and
will be able_to participate in deciding what is appropriate. The
weaning of "historic site" has been clarified.
Parcels listed on the inventory have beenadopted by legal
description for some time. HPC must have. review over the entire
site to prevent construction of a totally inappropriate structure
on the same parcel as a historic structure.
HPC should be involved in lot split reviews which involve historic
structures, because the lot split may have negative impacts on the
historic resource. There have been occasions when a property
owner has. been given a lot split approval (at Pica and Council)
that goes straight through a historic structure, suggesting that
HPC will then be obligated to allow the owner to Hove the
structure, even if this is not appropriate.)
Be It shall be the responsibility of the HPC, based on the
21
recommendations of the plan-n community development director, to
evaluate the inventory of historic structures at least once every
five (5) years, and to hold a public hearing to solicit comments
on its evaluations. The purpose of the evaluation shall be to
determine those structures which are to be removed from the
inventory, any structures which should be added to the inventory,
and to.rate all structures which remain on the inventory.
C. The HPC evaluation process shall proceed as follows: The
structures on the inventory shall be categorized as to whether or
not they are historic landmarks. No further action need be taken
with respect to historic landmarks. All structures which are not
historic landmarks shall be evaluated by the HPC as to their
current architectural integrity, historic significance and
community and neighborhood influence and categorized accordingly,
as follows:
Significant: All those resources # sly rated which are
considered Exceptional, Excellent, or those resources individually
eligible for listing on the National Register of Historic Places.
All structures or sites within the City of Aspen, which are listed
on or eligible for listing on the National Register of Historic
Places shall be reviewed according to the "Secretary of the
Interior's Standards for Rehabilitation" in addition to the review
standards of Section 7-601 and 7-602. The "Secretary of the
Interior's Standards for Rehabilitation" are:
1. Every reasonable effort shall be made to
provide a compatible use for a property which
requires minimal alteration of the building,
structure, or site and its environment, or to
use the property for its originally intended
purpose.
2.' The distinguishing original qualities or
character of a building, structure, site or
its environment shall not be destroyed. The
removal or alteration of any historic material
or distinctive architectural features should
be avoided when possible.
3. All buildings, structures, and sites shall be
recognized as products of their own time.
Alterations that have no historical basis and
which seek to create an earlier appearance
shall be discouraged.
4. Changes which may have taken place in the
course of time are evidence of the history and
development of a building, structure, or site
And its environment. These changes may have
acquired significance in their own right, and
22
,�v
this significance shall be recognized and
respected.
5. Distinctive stylistic features or examples of
skilled craftsmanship which characterize a
building, structure, or site shall be treated
with sensitivity.
6. Deteriorated architectural features shall be
repaired rather than replaced, wherever
possible. In the event replacement is
necessary, the new material should match the
material being replaced in composition,
design, color, texture, and other visual
qualities. Repair or replacement of missing
architectural features should be based on
accurate duplications of features,
substantiated by historic, physical, or
pictorial evidence rather than on conjectural
designs or the availability of different
architectural elements from other buildings or
structures.
7. The surface cleaning of structures shall be
undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that
will damage the historic building materials
shall not be undertaken.
8. Every reasonable effort shall be made to
Protect and preserve archaeological resources
affected by, or adiacent to, any project.
9. Contemporary design for alterations and
additions to existing properties shall not be
discouraged when such alterations and
additions do not destroy significant
historical, architectural or cultural
material, and such design is compatible with
the size, scale, color, material, and
character of the property, neighborhood, or
environment.
10. Whenever possible, new additions or
alterations to structures shall be done in
such a manner that if such additions or
alterations were to be removed in the future,
the essential form and integrity of the
structure would be unimpaired.
(The "Secretary of the Interior's Standards" were created by the
National Park Service and include the highest goals for
preservation, such as the theory that you should repair rather than
23
replace significant materials and features. Listing on the
National Register of Historic Places is primarily honorary and does
not automatically carry any review standards. A structure on the
National Register can be torn down if there are no local
regulations that apply. Aspen has about 30 sites listed on the
National Register and they should be considered our most
significant and valuable historic resources. The additional
requirement of the "Secretary of the Interior's Standards" will
further ensure their protection.)
Contributing: All those historic or architecturally
significant resources that do not meet the criteria for
Significant, provided, however, these resources have maintained
their historic integrity or represent unique architectural design.
Supporting: All those historic resources that have lost their
original integrity, however, are "retrievable" as historic
structures (or sites). These structures have received substantial
alterations over the years, however, with substantial effort could
be considered Contributing once again.
Non -Contributing: All those structures that are either:
a. New or not -historic construction within a historic
district, and
b. Historic structures with complete loss of integrity,
either within or outside a historic district.
(Ord. No. 61-1989, § 1)
Bee. 7-710. Development approval for historic landmark.
Whenever development approval is conditioned upon a structure
receiving historic landmark designation, such condition shall be
deemed satisfied only if the particular structure has received
individual designation pursuant to Article 7, Division 6; inclusion
of the structure within an historic overlay district shall not be
sufficient to satisfy the requirement of historic designation. No
final development approval conditioned upon receipt of historic
landmark designation shall be granted until the designation
ordinance is adopted by city council.
(Ord. No. 6-1989, § 9)
24
tix
PUBLIC NOTICE
RE: AMENDMENTS TO THE TEXT OF THE CITY OF ASPEN LAND USE CODE
REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, March 7, 1995 at a meeting to begin at 4:30 pm before the
Aspen Planning & Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena, Aspen, Colorado, to consider amendments to the
following sections of the City of Aspen Municipal Code:
1. Section 24-7-601, General Applicability and Requirements
(Development in a H, Historic Overlay District or involving
a Historic Landmark)
2. Section 24-7-602, Demolition, partial demolition or relocation
3. Section 24-7-604, Appeal and call up
4. Section 24-7-606, Minimum maintenance requirements
5. Section 24-7-703, Procedure for designation, amendment,
rescinding -
6. Section 24-7-704, Application
7. Section 24-7-706, Placement on City's official zone district
map
8. Section 24-7-709, Establishment of inventory of historic
structures
9. Section 24-7-603, Insubstantial amendment of development order
10. Section 24-7-1001, Subdivision
For further information, contact Amy Amidon at the Aspen/Pitkin
Planning Office, 130 S. Galena St., Aspen, Colorado 920-5096
s/Bruce Kerr, Chairman
Planning and Zoning Commission
Published in the Aspen Times on February 17, 1995
City of Aspen Account
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Kim Johnson, Planner
DATE: March 21, 1995
RE: Round II Staff Initiated Amendments to the Land Use
Regulations (Continued Public Hearing from March 7, 1995)
SUMMARY: We are returning to P&Z to finish a list of amendments
first introduced at the February meeting. Also added is an
amendment to the subdivision regulations for the preservation of
significant natural and scenic features. This addition was noticed
in the newspaper separately from the other amendments.
The amendments still under consideration are stream margin review,
satellite dish antennas, building envelope, 8040 greenline review,
and a landscape longevity requirement. Further information will
be presented on vested rights and trigger mechanisms for affordable
housing deferral fees. Items completed in the February review were
insubstantial SPA/PUD amendments, condominium, lot split, and lot
line adjustment requirements, insubstantial plat amendments, sight
distance at corners (fences), domestic animals, and housing
replacement priorities.
This memo is only presenting the outstanding items forwarded from
February 21. Staff will review any of last meetings items with the
Commission if necessary.
The Commission will be presented with a resolution approving the
amendments on March 21. This action will enact the "pending
legislation doctrine" which allows the new code sections to be
implemented in anticipation of City Council approval of an
ordinance.
The Planning Office recommends approval of these amendments to the
land use regulations. These proposed changes include simple code
clean-up as well as more substantive changes. Each Commissioner has
a code book. It might be helpful for you to refer to the affected
sections for more detailed context.
PROCESS: Code amendments follow a two step review process. The
Planning and Zoning Commission shall consider the amendments at a
public hearing, then forward its recommendations to the City
Council for ordinance adoption (also a public hearing).
STAFF COMMENTS: This review is the second in a series of amendment
reviews proposed by staff to improve the function of the land use
1
regulations. This memo is formatted to present and discuss each
proposed amendment individually. The recommended changes are:
1) Stream Margin - Over the past several years the P&Z has
approved many stream margin applications which met the review
criteria but otherwise seemed inappropriate based on the
Commission's sensitivities to the environment. After all, stream
margins are considered "environmentally sensitive areas" (ESAs)
within the land use code. Our concerns have centered around
requiring increased environmental assessment of sites, initiating
mandatory setbacks from the top of the bank, and securing
fisherman's access along our invaluable community river resources.
There is also public support for better protection of the stream
margin as presented in a letter received by Planning from Joan
Leatherbury. This letter is a response to the Winnerman project
in 1993 and is attached as Exhibit "A
The last time the City's ESA code was amended was in 1990 with the
creation of the Hallam Lake Bluff Environmentally Sensitive Area.
This ESA overlay was intended to place reasonable limits on where
buildings could be placed on properties along the bluff to protect
the sanctity of the ACES nature preserve. What was occurring at
that time was the construction of homes on the edge of the bluff
and even partially onto the slope. Additionally, native trees and
hillside vegetation was being stripped to enhance views of Hallam
Lake. Not only were these practices potentially harmful to the
nature preserve, they were beginning to negatively impact
neighboring properties by blocking views as well as removing
substantial vegetation which is valued as a buffer between
properties.
Essentially the same problems are occurring with the stream margin
developments as were happening with the Hallam Lake area. We have
seen several parcels along the Roaring Fork be developed in the
last few years where large homes are built right on the edge of
the river bank. This immediately changes the character of the
riparian vegetation and "greenway corridor" and may contribute to
the potential of failure of the riverbank itself. Staff proposes
a set of dimensional requirements (setbacks and heights) similar
to the Hallam Lake Bluff ESA because of the river's similarity to
the Bluff's environmental needs. Staff also believes that the
general benefits to all riverside owners and users will be similar
to those created by the Bluff ESA. The revised stream margin
criteria read:
Section 7-504. No development shall be permitted within the
floodway, with the exception of bridges or structures for
irrigation, drainage, flood control or water diversion, which
may be permitted by the City Engineer, provided plans and
specifications are provided demonstrating the structure is
engineered to prevent blockage of drainage channels during
peak flows and the Commission determines the proposed
2
M
structure complies, to the extent practical, with all the
standards set forth below.
No development shall be permitted within one hundred feet
(1001), measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, or
within the Special Flood Hazard Area where it extends
beyond one hundred feet (1001) from the high water line
of the Roaring Fork .River and its tributary streams,
unless the Commission makes a determination that the
proposed development complies with all the standards set
forth below. Reviews shall only be conducted after
accurate identification of wetlands and riparian zones
has been accomplished by a qualified wildlife/vegetation
consultant.
1. It can be demonstrated that any proposed develop-
ment which is in the Special Flood Hazard Area will
not increase the base flood elevation on the parcel
proposed for development. This shall be
demonstrated by an engineering study prepared by a
professional engineer registered to practice in the
State of Colorado which shows that the base flood
elevation will not be raised, including, but not
limited to, proposing mitigation techniques on or
off -site which compensate for any base flood
elevation increase caused by the development.
2. Any trail on the parcel designated on the Aspen Area
Community Plan., Parks/Recreation/Open space/Trails
Plan map, or areas of historic public use or access
are 4-,a dedicated via a recorded easement for public
use.. Dedications are necessitated by development's
increased impacts to the City's recreation and trail
facilities including public fishing access.
3. The recommendations of the Roaring Fork Greenway
Plan are implemented in the proposed plan for
development, to the greatest extent practicable.
4. No vegetation is removed or damaged or slope grade
changes (cut or fill) made outside of a specifically
defined building envelope
swa:menj..at+en of the
bwsue,► ,7 sj.re.�.vr� . A building
envelope shall designated by this review and said
envelope shall be barricaded prior to issuance of
any demolition, excavation or building permits. The
barricades shall remain in place until the issuance
of Certificates of Occupancy.
5• Te the greatest extent praetieable, the proposed
development reduees pellutlen and interferenee does
91
not pollute or interfere with the natural changes
of the river, stream or other tributary, including
erosion and/or sedimentation during construction.
Increased on -site drainage shall be accommodated
within the parcel to prevent entry into the river
or onto its banks. Pools or hot tubs cannot be
drained outside of the designated building envelope.
6. Written notice is given to the Colorado Water
Conservation Board prior to any alteration or
relocation of a water course, and a copy of said
notice is submitted to the Federal Emergency
Management Agency.
7. A guarantee is provided in the event a water course
is altered or relocated, that applies to the
developer and his heirs, successors and assigns that
ensures that the flood carrying capacity on the
parcel is not diminished.
8. Copies are provided of all necessary federal and
state permits relating to work within the one
hundred (100) year floodplain.
9. No development other than approved native vegetation
planting, shall take place below the top of slope
or within 15' of the top of slope or the high
waterline, whichever is most restrictive. If any
development is essential within this area, it may
only be approved by special review pursuant to
Section 7-404 D. of this Article 7.
10. All development outside the 15' setback from the top
of slope shall not exceed a height delineated by a
line drawn at a 45 degree angle from ground level
at the top of slope. Height shall be measured and
determined by the Zoning Officer utilizing that
definition set forth at Section 3-101 of this
Chapter 24.
11. A landscape plan shall be submitted with all
development applications. Such plan shall limit new
plantings (including trees, shrubs, flowers, and
grasses) outside of the designated building envelope
on the river side to native riparian vegetation.
12. All exterior lighting shall be low and downcast with
no light(s) directed toward the river or located
down the slope.
13. Site sections drawn by a registered architect,
landscape architect, or engineer shall be submitted
4
showing all existing and proposed site elements, the
top of slope, and pertinent elevations above sea
level.
2) 8040 Greenling revisions - Section 24-7-503 (C) lists eleven
review criteria. Staff wishes to augment criterium number 11 as
follows:
11) Any trail on the parcel designated on the Aspen Area
Community Plan: Parks/Recreation/Open Space/Trails Plan map
is dedicated for public use. Provide access to natural
resources and areas of special interest to the community.
This would allow the Commission to take into consideration unique
natural features or spaces adjacent to properties subject to 8040
review. This might include pathways not officially adopted on the
trail master plan.
3) Landscape Longevity requirement - In response to concerns of the
Planning and Zoning Commission and City Council, staff is proposing
a new Section 5-511 (Supplemental Regulations) for maintenance and
replacement of approved landscaping materials within 45 days of
notification. Currently only section 7-904 "PUD Agreement"
requires implementation and maintenance of landscaping. Because
landscape plans or representations are included in most other types
of reviews, staff believes a city-wide landscape maintenance
requirement is beneficial.
5-511 - Landscape Maintenance
A. Landscaping shown on any approved site development plan
shall be maintained in a healthy manner. In the event that
plant -material dies, the owner of the property shall replace
the plant material with equal size and variety within 45 days
of notification by the Zoning Enforcement Officer. If
seasonal or cultural constraints do not allow planting of the
approved plant material within 45 days the owner may in
writing seek permission from the Community Development
Director to:
1) Provide financial assurances equal to 120% of the amount
of the replacement landscaping and installation costs as
approved by the Parks Department, and in a form
satisfactory to the City Attorney. The completion of the
landscape replacement shall be accomplished no late than
June 15 of the next planting season, otherwise the
financial assurances shall be forfeited to the city.
2) Submit for approval a revised landscape plan which meets
the design objectives and plant material sizes and
quantities of the original approved plan. An explanation
5
of the revised plan shall accompany the submission.
Failure to comply with the replanting requirement will
constitute a violation of this section and may result in
complaint(s) being filed in Municipal Court.
4) Administrative approval for small satellite dish antennas
Staff has considered and discussed with the P&Z an administrative
approval process for satellite dishes of 2.5 feet or less in
diameter. Approval by the Community Development Director would
substantially reduce the process time for small dish approvals.
Staff still believes that dishes larger than 2.5 feet in diameter
should follow the current conditional use public hearing process.
The new regulation can be readily accommodated by creating a new
section within Division 5 Supplement Regulations:
5-512. satellite Dish Antennas.
Satellite dish antennas larger than 2.5 feet in diameter shall
be reviewed and approved by the Planning and Zoning Commission
as conditional uses pursuant to Division 3. Conditional Uses.
Satellite dish antennas 2.5 feet or less in diameter may be
reviewed and approved without apublic hearing by the
i
Community Development Director n conformance with the
criteria within Sections 7-304 (B) and (C). The Community
Development Director may apply reasonable conditions to the
approval deemed necessary to insure conformance with said
review criteria. If the Community Development Director
determines that the proposed satellite dish antennas does not
comply with the review criteria and denies the application,
or the applicant does not agree to the conditions of approval
determined by the Community Development Director, the
applicant may apply for conditional use review by the Planning
and Zoning Commission.
Procedures established in Article 6 Common Development Review
Procedures shall apply to all satellite dish antennas.
For your reference, the review criteria to be used by the Community
Development Director in Section 7-304 (B) and (C) read:
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture of
complementary uses and activities in the immediate vicinity of the
parcel proposed for development.
C. The location ,size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation,
A
Mr,
parking, trash, service delivery, noise, vibrations and odor on
surrounding properties.
As a result of separating the applicable reviews for satellite
dishes based on size, the individual zone districts' lists of
conditional uses must be amended. Of the 24 zone districts in the
city, only three do not currently allow satellite dishes as
conditional uses. These zones are R-15-B Moderate Density
Residential, OS Open Space, and WP Wildlife Preservation. This
will not change with this amendment. For example, the R-6 Medium
Density zone will be amended as follows:
5-201.C. Conditional Uses.
7. Satellite dish antennae over 2.5 feet in diameter
Additionally, because of the new amended language described above,
the definition of "satellite dish antenna or satellite radio
frequency signal reception and/or transmission device" needs to be
amended as follows:
satellite dish antenna or satellite radio frequency signal
reception and/or transmission device means a dish -shaped or
parabolic -shaped reception or transmission device, ••,....,.,.
antenna ±9 mere than twe (2) feet in height anel/er "dish"
eampenent is mere then twe (2) feet in , which is used
for the reception and/or transmission of satellite signals,
including but not limited to television signals, AM radio
signals, FM radio signals, telemetry signals, data
communication signals, or any other reception or transmission
signals using free air space as a medium, whether for
commercial or private use, provided: [the rest of the section
remains the same]
5) Definition of "building envelope" There are several instances
where the land use regulations or specific approvals refer to
development within a building envelope. However, there is no
definition in the regulations to provide consistency in use of this
term. Last fall staff presented the following definition to the
Commission. It was not well received because it "didn't say what
we meant it to say." In an effort to simplify the definition,
staff now proposes the following:
building envelope: that area on a lot which encompasses all
development including but not limited to excavation, fill,
grading,. storage, demolition, structures, decks, roof
overhangs, porches, patios and terraces, pools, access ways
.and parking. Planting of landscape materials on natural grade
and approved walkways and driveways may occur outside of a
building envelope. For purposes of site specific development
plans, building envelopes may be established to restrict
VA
development to protect slopes, important vegetation, water
courses, privacy or other considerations. Building envelopes
shall be described on recorded plats, site specific
development plans, ordinances, resolutions, and building
permit site plans.
6) Subdivision Protection of Significant Natural Features -
The current subdivision regulations are silent on the requirement
to highlight and protect significant natural features on a parcel
being reviewed for subdivision. Language contained in the PUD
section of the code addresses this issue. Staff is proposing that
the following similar language be transferred into the purpose
statement and subdivision standards because not all subdivision
actions include PUD review:
Section 7-1001. Purpose.
The purpose of this division is to
A. Assist in the orderly and efficient development of the
City;
B. Ensure the proper distribution of development;
C. Encourage the well -planned subdivision of land by
establishing standards for the design of a subdivision;
D. Improve land records and survey monuments by establishing
standards for surveys and plats;
E. Coordinate the construction of public facilities with the
need for public facilities;
F. Safeguard the interests of the public and the subdivider
and provide consumer protection for the purchaser;
G. Acquire and ensure the maintenance of public open spaces
and. parks; and
H. Provide procedures so that development encourages the
preservation of natural and scenic features; and
I. Promote the health, safety and general welfare of the
residents of the City of Aspen.
Section 7-1004 Subdivision Approval
C. Review Standards
4. Design Standards. The following design standards shall
be required for all subdivisions. (all remain the same
a. through g.)
8
101
h. The design and location of any proposed structure,
building envelope, road, driveway, trail or similar
development is compatible with and does not cause harmful
disturbance to significant natural or scenic features of
the site.
Items continued from February 21, 1995:
7) Mechanism to trigger deferred housing payment - At the last
meeting, the Commission was vocal in their concern that housing
cash -in -lieu payments, which were deferred because of working
resident status, are not paid at the appropriate time (if at all)
because there is no way for Planning or Housing to know if a
property transfers to non -qualified owners. Staff has had
conversations with Dave Tolen and the City Attorney but a final
solution has not been worked out at this time. THere may be more
to report at the March 7 P&Z meeting.
The section which stimulated the discussion is as follows:
Sec. 5-703. Deferral of affordable housing impact fee.
If the owner of a single family or duplex unit for which an
affordable housing impact fee is due is a qualified working
resident, as that term is defined herein, the obligation to
pay the impact fee rcay shall be deferred, at the owner's
request, until such time as the dwelling unit is sold to a
buyer who is not a qualified working resident. Furthermore,
the amount of the impact fee which is deferred shall be
adjusted at the time of resale in proportion to the change in
value of the subject dwelling unit from the value at the time
the obligation for the impact fee was incurred to the value
on the date of closing. The value at the time that the impact
fee is due shall be determined by the chief building official
on the basis of a current appraisal, a reliable opinion of
value, assessed valuation, or such other method as deemed
appropriate. The value on resale shall be the value of the
total consideration paid by the buyer. In no case shall the
fee be adjusted downward to an amount less than twenty-five
( 2 5 ) percent, or upward to an amount greater than fifty ( 50 )
percent, of the impact fee which was deferred. The obligation
for the impact fee and the value of the dwelling unit at the
time of the obligation is incurred shall be set forth in a
written document, signed by the owner or owners of the subject
dwelling unit, and recorded in the records of the Pitkin
County Clerk and Recorder prior to the issuance of a
any building permits for the unit.
8) Vested rights - The Commission presented a unanimous front at
the last meeting on the issue of time limits for development
approvals. The discussion occurred within the context of vested
9
(N
rights, the timeframe whereby an approved development is protected
from changes in the land use regulations which would invalidate or
otherwise alter a proposed development. In discussions with staff,
City Attorney John Worcester expressed that automatic expiration
of a development approval without code changes would only cause
applicants to have to repeat a review process. Practically
speaking, absent code changes, the same project would have to
receive the same approval as originally granted.
In order to have the City's regulations concur with State
regulations, the following changes are recommended:
1) Create a new definition of site specific development plan which
is taken from the State statute 24-68-102:
Site specific development plan means a plan which has been
submitted to the Community Development Department by a
landowner or his representative describing with reasonable
certainty the type and intensity of use for a specific parcel
of property. Such plan may be in the form of, but need not
be limited to, a planned unit development (PUD), subdivision,
specially planned area (SPA), conditional use, special review,
environmentally sensitive area review, historic development
review, or growth management exemption.
2) Deletion of subsection (F) from Section 6-207 Vested Property
Rights. The eighteen month period referenced in this section is
meaningless in comparison with the state statutes. What the
deletion does to development approvals is either require a
developer to act upon his/her approvals in a timely manner to
eliminate risk of code changes or seek vested rights for three
years through the public hearing process already established in the
City's land use regulations. The following is the proposed
language to be eliminated:
10
PLANNING & ZONING COMMISSION
EXHIBIT & , APPROVED ,
19 BY RESOLUTION .
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Pitkin County Planning and Zoning Commission
FROM: Tim Malloy, Deputy Director
Leslie Lamont, Deputy Director
DATE: March 16, 1995
RE: GMP Competition Training Session - March 28, 1995
-----------------------------------------------------------
-----------------------------------------------------------
The Growth_Mana_gement competition system has been revised. The
extensive revisions were a recommendation of the 1993 Aspen Area
Community Plan. The revised GMP system has created one
review/scoring Commission that shall be comprised of the entire
City and County Planning and Zoning Commissions. The standards of
review and the method of scoring have also been significantly
revised.
Because of the extensive changes to the system, staff recommends
a training session with the Commissions to prepare for the first
review and scoring of a land use proposal. We have scheduled this
training session for March 28, 1995 at 4:30 in the City Council
Chambers.
Actual review of a submitted growth management application is
scheduled for April 18, 1995. Therefore, this training session is
very important to prepare for that review and scoring.
We have attached the section from the revised GMP text that
addresses the new Commission.
DIVISION 6. GROWTH MANAGEMENT COMMISSION
Sec.4-601. Purpose.
The Growth Management Commission is established for the purpose of implementing the Aspen Area
Growth Management Quota System, and more specifically to:
A. to implement the adopted philosophies and policies of the Aspen Area Community Plan;
B. to ensure orderly and efficient growth throughout the Aspen metro area;
C. to ensure that new growth and development is designed and constructed to maintain the
character and ambience of the Aspen metro area;
D. to ensure an adequate supply of housing, businesses and events that serve the local, permanent
community and the area's tourist base;
E. to review and score residential and tourist accommodations development applications in
accordance with the procedures and standards of Secs. 801-VI and 801-VIII; and
F. to ensure that growth does not over -extend the community's ability to provide support
services, including, but not limited to, employee housing, traffic control and parking.
Sec.4-602. Composition.
The Growth Management Commission shall be comprised of all members of the Aspen Planning and
Zoning Commission and the Pitkin County Planning and Zoning Commission.
Sec.4-603. Staff.
The community development office shall serve as the professional staff of the Growth Management
Commission.
Sec.4-604. Quorum.
A quorum of the Growth Management Commission shall be comprised of at least four members of
the Aspen Planning and Zoning Commission and at least four members of the Pitkin County Planning
Zoning and Commission. No meeting of the Growth Management Commission shall be called to
order without a quorum and no meeting at which less than a quorum is present shall conduct any
business other than to continue posted agenda items to a date certain. All actions shall require the
concurring vote of a simple majority of the members then present and voting.
Sec. 4-605. Meetings, hearings and procedures.
Meetings of the Growth Management Commission shall be called as needed by the chair of the
Growth Management Commission or by a majority of its members. All meetings and hearings of the
Growth Management Commission shall be open to the public and set for a date and time certain.
(December 27, 1994 Draft)
45
LAW OFFICES OF
Scott Harper
PROFESSIONAL CORPORATION
)I NORTH MILL STREET
SUITE 106
ASPEN, COLORADO 81611
February 21, 1995
VIA HAND DELIVERY
Ms. Kim Johnson
Aspen/Pitkin Planning Dept.
130 South Galena Street
Aspen, Colorado 81611
Re: Barbette - Text Amendment/Conditional Use
Dear Kim:
(303) 925-5625
TELECOPIER (303) 925-5663
Enclosed herewith please find a photograph showing the posting of the notice of public
hearing with regard to the above referenced land use application.
Very truly yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
By:
Scott Harper
Enclosure
cc: Barbette
barbette\007
LAW OFFICES OF
Scott Harper
PROFESSIONAL CORPORATION
14 NORTH MILL STREET
SUITE 106
ASPEN, COLORADO 81611
March 13, 1995
VIA HAND DELIVERY
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Barbette - Text Amendment/Conditional Use
- Mailing and Posting of Public Notice
- Site Photographs
Dear Kim:
Enclosed please find the following:
]�1
(303) 925-5625
TELECOPIER (303) 925-5663
1. An Affidavit of Posting regarding the Barbette hearing before the Aspen P & Z
scheduled for Tuesday March 21, 1995;
2. Copy of Public Notice regarding hearing before the Aspen P & Z to consider an
application for amendment to section 24-5-213(c) of the Land Use Code and
approval for conditional use for health and fitness facility in the Office (0) Zone
for property located at 720 E. Hyman Avenue, Aspen;
3. Affidavit of Mailing of Public Notice referenced in number 2, above;
4. Current list of adjacent property owners within 300 feet of the property prepared
by Pitkin County Title, Inc.;
Ms. Kim Johnson
March 13, 1995
Page 2
5. Current certification of 300' Owner's List from Pitkin County Title, Inc.
6. Four 8" x 10" site photographs of the Aspen Athletic Club Building in lieu of a
site plan. the owner's representative, Mr. Michael Horn, advises me that, after
diligent search, they have been unable to locate an existing site plan.
If you have any questions regarding the enclosed, please do not hesitate to contact me at
your earliest convenience.
Very Truly Yours,
SCOTT HARPER PROFESSIONAL
CORPORATION
B
Scott Harper
Enclosure
cc: Barbette
barbette\posting. ltr
AFFIDAVIT OF POSTING
PUBLIC NOTICE OF HEARING
FOR BARBETTE CONDITIONAL USE REVIEW
AND LAND USE CODE AMENDMENT
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
I hereby certify that on the r� day of March 1995, I posted
Public Notice in a conspicuous place on property located at 720
East Hyman Avenue, Aspen, Colorado, containing the following
information:
Notice of public hearing to be held before the Aspen Planning
and Zoning Commission on Tuesday, March 21, 1995,.beginning at 4:30
p.m. in the Second Floor Meeting Room, City Hall, 130 South Galena
Street, Aspen, Colorado, to consider an application for an
amendment to Section 24 - 5 - 213 (c ) of the Land Use Code to allow a
health and fitness facility as a conditional use in the Office (0)
Zone and requesting Conditional Use Review approval for a health
and fitness facility for property located at 720 East Hyman Avenue,
Aspen.
Dated this = day of March, 1995.
Je,aj Ro +ert Barbet e
Subscribed and sworn to before me this day of March,
1995, by Jean Robert Barbette.
Witness my hand and official seal.
commission expires:
YA ri
P�
barbette\posting.aff
Notary Public
PUBLIC NOTICE
RE: BARBETTE CONDITIONAL USE REVIEW AND AMENDMENTS TO THE TEXT OF
THE CITY OF ASPEN LAND USE CODE REGULATIONS, CHAPTER 24 OF THE
ASPEN MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, March 21, 1995 at a meeting to begin at 4:30 p.m. before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena St., Aspen, to consider an application
submitted by Jean Robert Barbette requesting an amendment to
Section 24-5-213(C) of the Land Use Code to allow a health and
fitness facility as a conditional use in the Office (0) zone
district, and also requesting Conditional Use Review approval for
a health and fitness facility. The property is located at 720 E.
Hyman Avenue; Aspen Athletic Club Building Condominium. For
further information, contact Kim Johnson at the Aspen' Pitkin
Planning Office, 130 S. Galena St., Aspen, CO 920-5100
slBruce Kerr, Chairman
Aspen Planning and Zoning Commission
Published in the Aspen Times on March 4, 1995
City of Aspen Account
AFFIDAVIT OF MAILING
PUBLIC NOTICE OF HEARING
FOR BARBETTE CONDITIONAL USE REVIEW
AND LAND USE CODE AMENDMENT
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
1. Attached is a Public Notice regarding a Public Hearing
scheduled for Tuesday, March 21, 1995, before the Aspen Planning
and Zoning Commission for Jean Robert Barbette's application
requesting an amendment to Section 24-5-213 (c) of the Land Use Code
to allow a health and fitness facility as a conditional use in the
Office (0) Zone and requesting Conditional Use Review approval for
a health and fitness facility for property located at 720 East
Hyman Avenue, Aspen.
2. Also attached is a current list of adjacent property
owners within 300 feet of the aforementioned property duly
certified by Pitkin County Title Company pursuant to the attached
11300' Owner's List."
3. I hereby certify that I have mailed, first class mail,
postage prepaid, a copy of the attached notice to each of the
adjacent property owners on the attached list as of this date.
Dated thisday of March, 1995.
L.
Susan Cross
Subscribed and sworn to before me this 7 I day of
Yx 0-/- ( ,/, _; , 1995, by Susan Cross as Secretary for Scott
Harper Professional Corporation.
Witness my hand and official seal.
�4 M commission expires:
C
F p Notary Public-
barbette\mailing.aff
-il.ncent J. Higens
resident
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
ASPEN, COLORADO 81611
303-925-1766 : 303-925-6527 FAX
3001 OWNER'S LIST
Christina Davis
Vice President
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado, hereby certifies the following list is a current list
of property owner's within three hundred feet of ASPEN ATHLETIC CLUB
BUILDING-720 E. HYMAN, as obtained from the most current Pitkin County
Assessors Tax Rolls, and updated to MARCH 1, 1995
NAMES AND ADDRESSES TAX SCHEDULE NUMBER
--------------------------------------------------------------------------
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF