HomeMy WebLinkAboutagenda.council.regular.20180312
CITY COUNCIL AGENDA
March 12, 2018
5:00 PM
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT scheduled for a public hearing. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #45 Series 2018 - Parks Fleet Ventrac Replacement Contract
b) Resolution #46 Series 2018 - Parks Floral Supply Contract
c) Board Appointments
d) Minutes - February 26, 2018
VII. Notice of Call-Up
VIII. First Reading of Ordinances
a) Ordinance #6, Series of 2018 - Proposed Land Use Code Amendment
to Chapters 26.312, Non-Conformities; 26.314, Variances; and 26.435,
Development in Environmentally Sensitive Areas (ESA).
IX. Public Hearings
X. Action Items
XI. Executive Session
a) C.R.S. 24-6-402(4)(a) The purchase, acquisition, lease, transfer or sale of any
real. personal, or other property interest; (b) Conferences with an attorney for the
local public body for the purposes of receiving legal advice on specific legal
questions including potential litigation; (e) Determining positions relative to
matters that may be subject to negotiations, developing strategy for negotiations
and instructing negotiators.
XII. Adjournment
Next Regular Meeting March 26, 2018
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COUNCIL’S ADOPTED GUIDELINES
· Make Decisions Based on 30 Year Vision
· Tone and Tenor Matter
· Remember Where We’re Living and Why We’re Here
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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MEMORANDUM
TO: Mayor and City Council
FROM: Matt Kuhn, Parks Operations Manager
THRU: Austin Weiss, Parks and Open Space Director
DATE OF MEMO: March 5, 2018
MEETING DATE: March 12, 2018
RE: Resolution #45, Series 2018 - Parks Fleet Ventrac Replacement
Contract
REQUEST OF COUNCIL: The Parks Department is requesting approval of a contract with
C&M Golf and Grounds for the replacement of two Ventrac mowers and snow removal tractors.
The Recreation Department is requesting the purchase of one new Ventrac tractor for Aspen
Recreation Center maintenance operations.
PREVIOUS COUNCIL ACTION: The Ventrac tractor replacements are included in the 2018
Asset Management Plan. City Council approved the Asset Management Plan in the 2018 Budget.
DISCUSSION: The Parks and Recreation Departments utilizes a variety of equipment for our
parks, open space and trails maintenance programs. This contract with C&M Golf and Grounds
is a scheduled fleet replacement for three small tractors used for our parks and recreation mowing
operations in the summer, and for snow removal in the winter time.
These three tractors are integral to the parks and recreation operations, and are used nearly 365
days a year. The parks department has a number of implements for these tractors, including
plows, snow-blowers, mowers, and brooms.
The fleet budget accounts for a five-year replacement cycle for this equipment. The contract with
C&M Golf and Grounds accounts for trade-in values, and pricing is based on a national
cooperative contract purchase agreement price for municipal agencies through the NJPA.
FINANCIAL/BUDGET IMPACTS: The contract with C&M Golf and Grounds, in the amount
of $95,422.95, is within the budget for these vehicles.
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ENVIRONMENTAL IMPACTS: Maintaining parks and trails provides for green space and
alternative transportation opportunities.
RECOMMENDED ACTION: Parks Staff recommends approval of the contract with C&M
Golf and Grounds for three tractor replacements.
ALTERNATIVES:
PROPOSED MOTION: “I move to approve Resolution # 045, Series of 2018, on the Consent
Calendar of Monday, March 12, 2018.”
CITY MANAGER COMMENTS:
ATTACHMENTS:
A – Contract with C&M Golf and Grounds
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RESOLUTION #045
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND C&M GOLF AND GROUNDS CO AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Ventrac Tractor replacements, between the City of Aspen and C&M Golf and
Grounds Co, a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Ventrac Tractor replacements, between the City of Aspen and C&M Golf and
Grounds Co, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of March 2018.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, March 12, 2018.
Linda Manning, City Clerk
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MEMORANDUM
TO: Mayor and City Council
FROM: Matt Kuhn, Parks Operations Manager
THRU: Austin Weiss, Parks and Open Space Director
DATE OF MEMO: March 5, 2018
MEETING DATE: March 12, 2018
RE: Resolution #046, Series 2018 - Parks Floral Supply Contract
REQUEST OF COUNCIL: The Parks Department is requesting the approval of a contract
with Duran’s Hobby Acres, Inc. for the procurement of flowers for 2018-2020 summer seasons,
to be planted in annual beds throughout the downtown core and select parks.
PREVIOUS COUNCIL ACTION: Council approved a similar contract in 2016. The
procurement of annual flowers is included in the 2018 Operational Budget; Council approved the
budget in the fall of 2017.
BACKGROUND: A bi-annual contract for the Summer flower plantings has been in effect for
many years. This contract has been used for the custom growing of selected annual varieties and
species to create cohesive design themes. Predominately, these flowers have been planted in the
mall, including the fenced-in boxes under the trees along Mill St., Galena, Hyman, and Cooper.
It also includes other areas such as, the ARC, several pocket parks, and all the urns that are
placed throughout town. In recent years, annual plantings have expanded to include the John
Denver Sanctuary, Rio Grande Park, and improvements to the existing City Hall gardens.
DISCUSSION: The Parks Department is dedicated to creating world-class display gardens for
the citizens and visitors of Aspen. While the department has shifted its focus to the use of
perennials whenever possible, there are locations that perennials are not successful or do not
provide the continual color and bloom that our visitors and citizens expect to see. In order to
accomplish department planting goals, a customizable contract is critical in allowing
thoughtfully planned designs.
FINANCIAL/BUDGET IMPACTS: The contract with Duran’s is for $29,870.75 (plus
delivery fees) and is within the budget. The funds are allocated within the Parks Department
capital maintenance and operations budget.
ENVIRONMENTAL IMPACTS: Staff continually tries to reduce any negative impact to the
environment that these plantings can potentially cause. For example, all plastic containers in
which the plants arrive in are recycled. Additionally, an automated watering system is used to
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eliminate over-watering and the fertilization practices include the use of environmentally
friendly products. Flowering annuals provide food for critical pollinators, reduce runoff, and
eliminate air pollutants.
RECOMMENDED ACTION: Staff is recommending that Council approve the contract with
Duran’s Hobby Acres, Inc, for a multi-year supply contract for annual flowers.
ALTERNATIVES: Council could choose not to approve the contract described in this memo,
in which case some of our gardens will have to be eliminated, redesigned, or planted with
flowers from retail vendors increasing the costs of planting.
PROPOSED MOTION: I move to approve Resolution #046, series of 2018, on the Consent
Calendar of Monday, March 12, 2018.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A – Contract with Duran’s Hobby Acres, Inc.
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RESOLUTION #046
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND DURAN’S HOBBY ACRES, INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
Parks Department Flower Supply, between the City of Aspen and Duran’s Hobby
Acres Inc., a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Parks Department Flower Supply, between the City of Aspen and Duran’s
Hobby Acres Inc., a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of March 2018.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, March 12, 2018.
Linda Manning, City Clerk
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MEMORANDUM
TO: Mayor and City Council
From: Linda Manning, City Clerk
RE: Board Appointment
Date: March 7, 2018
Meeting Date: March 12, 2018
______________________________________________________________________________
By adopting the consent calendar, Council is making the following board appointments:
Board of Adjustment Megan Bentzin – Alternate Member
Planning & Zoning Commission Teraissa McGovern – Regular Member
Historic Preservation Commission Sheri Sanzone – Alternate Member
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SCHEDULED PUBLIC APPEARANCES .................................................................................................. 2
CITIZEN COMMENTS ............................................................................................................................... 2
COUNCIL COMMENTS ............................................................................................................................. 2
CONSENT CALENDAR ............................................................................................................................. 3
Resolution #17, Series of 2018 – Gasoline, Diesel, and Oils for City Fleet Vehicles .......................... 4
Resolution #28, Series of 2018 – Contract for Special Events Security ............................................... 4
Resolution #30, Series of 2018 – Contract for Lift 1A study – phase 2 ............................................... 4
Resolution #29, Series of 2018 – Contract for the Historic Preservation Building Permits
Improvement project ..................................................................................................................................... 4
Resolution #32, Series of 2018 – Pickup Replacement and Purchase .................................................. 4
Resolution #36, Series of 2018 – Wheeler Seating Project Contract .................................................... 4
Resolution #23, Series of 2018 –Rotary Athletic Field Outfield Fence ................................................ 4
Resolution #24, Series of 2018 – Parks Fleet Wheel Loader Replacement .......................................... 4
Resolution #25 Series of 2018 – Parks Fleet Tractor Replacement Contract ....................................... 4
Resolution #26, Series of 2018 – Wagner Park Restoration ................................................................. 4
Resolution #21, Series of 2018 – Climate Action Plan ......................................................................... 4
Resolution #35, Series of 2018 – Change orders for Vertiba Contract ................................................. 4
Resolution #33 & #34, Series of 2018 – Cozy Point Ranch Leases ..................................................... 4
Resolution #37, Series of 2018 – Lease Termination Agreement with Fiercely Local, LLC dba
Justice Snow’s ............................................................................................................................................... 4
Board Appointments ............................................................................................................................. 4
Minutes – February 12, 2018 ................................................................................................................ 4
RESOLUTION #20, SERIES OF 2018 ........................................................................................................ 4
RESOLUTION #38, SERIES OF 2018 – Lease with Elk Mountain Hospitality, LLC for City-Owned
Restaurant Real-Estate within the Wheeler Opera House ............................................................................. 6
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At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Hauenstein,
Frisch, Myrin and Mullins present.
SCHEDULED PUBLIC APPEARANCES
Mayor Skadron introduced Jed Bernstein, president of Theatre Aspen. Mr. Bernstein said it is a privilege
to be part of the community. They are planning for the June season and will continue to expand the
education program.
CITIZEN COMMENTS
1. Bob Morris talked about issues with the housing program. The rules are not having the desired
effect.
2. Toni Kronberg congratulated all the Olympians. She asked to have the minutes from the last
meeting changed to reflect her comments in detail. She passed out a handout outlining what she
said regarding putting Ordinance 4, 2016 to a vote.
3. Lee Mulcahy asked council for a hearing to show compliance.
4. Jeff Peak said Lee is not a violent person and this does not sound like the Aspen idea.
COUNCIL COMMENTS
Councilman Hauenstein said to was great to be away but great to be back. He missed the memorial
services for Junee and Carl. Their contributions should be remembered in everyone’s hearts. Congrats to
the women’s hockey team and all the valley residents who participated in the Olympics. He stated he
feels we are getting away from the big picture idea. All the security measures are creating barriers
between government and citizens. He wants fewer barriers between citizens and elected officials.
Councilman Myrin said he thinks APCHAs leadership is something council has not spent much time on.
He is baffled why decisions made at APCHA are not accountable at the council level. They are a very
important part of the city and something we should work on. The City has had an unofficial living lab at
Galena and Main to prioritize pedestrians over vehicles. As a council we need to decide what the priority
is and all the lights should work the same. He is optimistic about the outcome of the Lego building sell.
The Next Gen meeting is 5:30 on the last Monday of the month. Having meetings during council
meetings is a barrier. He asked to schedule the meetings for a different time.
Councilwoman Mullins welcome our Olympians back. They did a great job. Yesterday was one of the
more fun events I got to go to as a council member celebrating Lithuania’s 100 years of independence.
This is just one of the things that make you proud of Aspen. Next Tuesday is the caucus at the high
school.
Councilman Frisch gave a hats off to the Olympians. There are a lot of reasons to talk about APCHA
governance. We are making progress to up the procurement amount for items that need to come to
council.
Mayor Skadron gave a big congratulation to the Olympians. This Friday at 7:30 am at the base of
Tiehack we are participating in the Friday uphill social. As APCHA now stands council is acting per the
charter. There is an IGA between the city and county. The board is empowered by the IGA to deal with
the issues that we heard about tonight. We are acting in accordance with the IGA that created the housing
program.
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Jim True, city attorney, said it is an issue based on how APCHA was established. Through the IGA they
are empowered with addressing these issues. There is litigation currently in front of the supreme court.
AGENDA AMENDMENTS
Mr. True said Resolution #179 – public hearing C – we’ve had some discussions with the applicant
appellant and their representative and staff and we are requesting a continuance to April 9th.
Mayor Skadron asked for any public comment. There was none.
Councilman Hauenstein moved to continue Resolution #179, Series of 2017 to April 9, 2018; seconded
by Councilwoman Mullins. All in favor, motion carried.
CONSENT CALENDAR
Councilman Hauenstein said for Resolution #30 – lift 1 A study- there is concern from Mike Maple that
this gets scheduled and on a faster time track. Jennifer Phelan, community development, replied there are
eight weeks for completion. The consultant will be out at end of April. We are looking at work session
dates the first week of May. Councilman Hauenstein requested that they study bringing the mid station
down to Dean Street. Ms. Phelan replied it will look at two scenarios; one to Gilbert Street and another to
Dean with three alternatives. He said we have received public feedback and there is more interest to
bringing the lift closer to Dean Street and relocate the bull wheel. Ms. Phelan said that will be included in
the study.
Councilman Myrin said for Resolution 17 he is hopeful the fuel purchase is less than it was 10 years ago
and a plan to further reduce it. On Resolution 28 - Wagner park restoration – there is $53,000 from the
city. Tickets are $1600 per ticket why are we subsidizing it and not Food and Wine. He will not support
this. Mayor Skadron stated this has come up before. There are massive negotiation around this huge
event. There is a point where they say enough.
Councilwoman Mullins asked for an explanation on composting and the total cost of repair. Matt Kuhn,
parks, said there are a number of things in addition to the cost of the turf that we feel are contributions
including fencing and flooring. We feel it is an equal partnership. The material is hauled off to a parks
facility at Burlingame. It is screened and in about a year it becomes a top soil additive. None of it goes to
the landfill.
Councilman Hauenstein asked how much does Food and Wine contribute to the turf. Mr. Kuhn replied
$40,000 and we contribute $53,000. Councilman Hauenstein said he was impressed at how quickly the
park retuned to use last year.
Councilwoman Mullins asked for Resolution 30 when the study started everything was off the table
except the bull wheel. Now that that is off the table as well we should expand the conversation to losing
the feature all together. There are a lot of factors with parts of it on the national register. A large group
of people think it is valuable. We made a mistake to take it off the table. The Historical Society is the
long term leaseholder of the property. She does not understand why they are not at the table and a
stakeholder here. Ms. Phelan said we have reached out to the director of the Historical Society and are in
the process of seeing what their needs are. Everything needs to be looked at.
Councilman Frisch said he is challenged with how this will ever get solved. We are asking to study
something Ski Co has said they will never do. The Historical Society should be included. On the historic
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preservation contract, we are using $30,000 to fund a study to do an improvement. If we need more
money he would rather tackle that then using the money from a low fine. People will violate the rules all
the time. If $30,000 captures it fine, but don’t be bashful about asking for more.
Mayor Skadron gave a thank you to our new appointees to our citizen boards. Angi for CCLC, Christine
and Ashley for Next Gen and James, Scott and Ruth for joining P&Z. He thanked everyone for joining
the process.
· Resolution #17, Series of 2018 – Gasoline, Diesel, and Oils for City Fleet Vehicles
· Resolution #28, Series of 2018 – Contract for Special Events Security
· Resolution #30, Series of 2018 – Contract for Lift 1A study – phase 2
· Resolution #29, Series of 2018 – Contract for the Historic Preservation Building Permits
Improvement project
· Resolution #32, Series of 2018 – Pickup Replacement and Purchase
· Resolution #36, Series of 2018 – Wheeler Seating Project Contract
· Resolution #23, Series of 2018 –Rotary Athletic Field Outfield Fence
· Resolution #24, Series of 2018 – Parks Fleet Wheel Loader Replacement
· Resolution #25 Series of 2018 – Parks Fleet Tractor Replacement Contract
· Resolution #26, Series of 2018 – Wagner Park Restoration
· Resolution #21, Series of 2018 – Climate Action Plan
· Resolution #35, Series of 2018 – Change orders for Vertiba Contract
· Resolution #33 & #34, Series of 2018 – Cozy Point Ranch Leases
· Resolution #37, Series of 2018 – Lease Termination Agreement with Fiercely Local, LLC dba
Justice Snow’s
· Board Appointments
· Minutes – February 12, 2018
Councilwoman Mullins moved to adopt the consent calendar without Resolution #26; seconded by
Councilman Frisch. All in favor, motion carried. Councilman Frisch moved to adopt Resolution #26;
seconded by Councilwoman Mullins. All in favor except Councilman Myrin. Motion carried.
RESOLUTION #20, SERIES OF 2018 – Miscellaneous Regulations Land Use Code Update
Phillip Supino, community development, told the Council this policy resolution hearing is to follow up
from the January 29 work session. This is step two of the code amendment process. This authorizes staff
to continue research into the code amendment process. The intention is to focus on simple fixes. The
bulk of the amendments focus on part 500 – miscellaneous regulations. This includes methodologies and
standards for new construction and remodels, floor area, building height and set backs. It is important to
get it right. This will also address exterior features, grade and height, yards and setbacks, demolition and
formatting. We are looking to simplify the code administration and compliance. We will return with
separate ordinances.
We are looking at closing the loop on some of the parking standards addressed during the moratorium.
For growth management, we will address temporary food vending and outdoor vending types. The non-
conformities section would address the process for destroyed properties. The duplex ADU mitigation
section would provide an unambiguous process for the seven effected properties. The variances section
would coordinate the various standards throughout the code. View planes are a post-moratorium clean up
to correct an error. The sign section is Reed related clan up. Zone districts would coordinate with the
miscellaneous amendments.
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The timeline will consist of a few months of public outreach. We hope to bring first reading in April and
second reading in May.
Councilwoman Mullins said she has no questions. She agrees with the direction staff is going.
Councilman Myrin asked has there been public outreach. Mr. Supino said this has been in the com dev
newsletter twice. We have not received comment independent of the focus group. Councilman Myrin
asked what seems to have the most potential from community concerns. Mr. Supino said there may be
some comments about the food vending section. Most of the amendments are responsive to specific
circumstances and we are not anticipating much pushback on those.
Councilman Frisch gave a hats off. He looks forward to the process and community input.
Councilman Hauenstein said he does not want to get too restrictive when it comes to vinyl. On the
ADU’s it should be spelled out in the code.
Mayor Skadron said the outdoor vending is essentially esthetic. View planes is a scrivener’s error. Mr.
True said he was concerned about having the error written off as a scrivener’s error. This was an error
that goes back to how surveyors evaluated the record going back to the 1920’s. It is a complicated
surveying issue. Mayor Skadron said considering all we are doing with parking and mobility he was
struck by the vagueness of this section. Ms. Phelan said the last code amendments focused on the
commercial zone districts and looked at what should the standards be and how do you incorporate
changes on site that encourage alternate means. Mayor Skadron said it is more of a timing issue. The
consultants are still working and we don’t have their conclusions. The question is do we move forward
without those results. Ms. Phelan replied the consultants work will inform what comes back to you. Mr.
Supino said if council is inclined to remove the parking section of the resolution we would not be able to
move forward with the analysis without new direction from council. There is nothing in the resolution
that would lock you in one direction or another.
Councilman Myrin said it is a good concern but the process Philip outlined is probably the best approach.
Councilwoman Mullins said reading the memo, it is clear enough from a policy direction standard.
Mayor Skadron said he thinks Bert is right.
Mayor Skadron opened the public comment. There was none. Mayor Skadron closed the public
comment.
Councilwoman Mullins moved to adopt Resolution #20, Series of 2018; seconded by Councilman
Hauenstein. All in favor, motion carried.
ORDINANCE #5, SERIES OF 2018 – Update Housing Fee-In-Lieu
Ms. Phelan said the city adopted updated cash in lieu categories for affordable housing in 2015. They
were not researched compressively until 2015. When the rates were adopted there were also allowances
to continually increase the fee. This increase will average to about 7%. It is a national average and tied
to an index outlined in the approvals.
Councilman Myrin said you reached out to 600 subscribers and there is no feedback in the memo. Ms.
Phelan replied none that I was aware of. Councilman Myrin said this changes the 2015 rate to a current
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one but it doesn’t set the course to change every year going forward. It is a mistake for council to
randomly update it. It should be done consistently each year.
Mayor Skadron said we are prepared to move in that direction. Ms. Phelan said the code language says
shall be updated every five years but may be updated yearly. We can be here next year and have a more
in-depth study in 2019.
Councilwoman Mullins said it is overdue. She looks forward to the bigger conversation of removing or
greatly reducing the opportunity for fee in lieu payments.
Councilman Hauenstein agrees with Ann. He would like to limit the cash in lieu to less than one FTE.
He supports the increase but would limit it to less than one FTE. It should be an automatic increase.
Councilman Frisch said this is a stop gap measure. We will never be more than a year behind. There are
a lot of reasons we should probably be out of this. By approving this we are buying into this 30 days
from now ish until we have another conversation.
Mayor Skadron opened the public comment.
1. Peter Fornell commended council for recognizing this has slipped through the cracks. This
conversation has been in the works for about a year. This is not a motivator for anyone to enter
into the affordable housing market versus the free market. He encouraged council to not push the
conversation so far apart that we forgot what we already said.
Councilman Frisch said a few weeks ago you raised to macro concerns about the current rate. You won’t
build what we are collecting for and it should go up. There is also another factor out there that if someone
has the ability to use cash in lieu and APCHA revenue there is the ability to make some money. That has
nothing to do what it actually costs to build. We need to include that in this discussion but he is not sure
where we are capped out legally.
2. Lee Mulcahy asked where RO fits in. Ms. Phelan replied it is not included.
Mayor Skadron closed the public comment.
Councilman Myrin said he will support this but would rather see it based on the recent cost to the city.
Councilman Myrin moved to adopt Ordinance #5, Series of 2018; seconded by Councilman Frisch. Roll
call vote. Councilmembers Frisch, yes; Hauenstein, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes.
Motion carried.
RESOLUTION #38, SERIES OF 2018 – Lease with Elk Mountain Hospitality, LLC for City-Owned
Restaurant Real-Estate within the Wheeler Opera House
Sara Ott, assistant city manager, said there is no additional information since the work session last week.
Councilwoman Mullins asked will Bill be able to get in sooner. Ms. Ott replied we have work to do as
the landlord but he may be able to get in sooner. Bill Johnson, owner, said originally the turn around was
going to be very compressed. We are looking at having more time to do it right then expedited. He
would love to open earlier if possible.
Councilman Hauenstein said he has had an opportunity to look at the menu and is disappointed that
breakfast is only piloted. Mr. Johnson said it will be part of the program.
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Councilman Frisch said if we give 28 days per year what do we need to administer. As long as it is under
28 they should not waste our time tracking it. Ms. Ott replied it is more of an operational thing with the
Wheeler.
Councilman Frisch said it feels like the community lost in trying to do something that was well
intentioned. The goal was to keep the lights on during the season. Now it will be lights off. As an
apology to the community he feels like we let them down by having the corner dark now.
Councilman Hauenstein said we did the best effort we could. It does not feel like council let down the
public but the current lease holder did.
Councilman Myrin said when council approved the committee were we informed the restaurant
consultant would not vote. Ms. Ott said we saw there were current relationships with that individual and
two of the four finalists and felt it would not be fair. We utilized Richard Stettner’s expertise instead.
Councilman Myrin asked was council informed that was changing. Ms. Ott said the proposal said the
committee would use experts. We indicated the Wheeler director, board representative and myself would
be part of the process. Councilman Myrin said it was surprising to find on Instagram the update instead
of from staff. He wished council was included more throughout the process.
Mayor Skadron complimented Sara and the team on an efficient process. No process is perfect but this
was a smooth one where we will end up with a good situation.
Councilman Frisch moved to adopt Resolution #38, Series of 2018; seconded by Councilwoman Mullins.
All in favor, motion carried.
Councilman Frisch moved to adjourn at 7:05 p.m.; seconded by Councilwoman Mullins. All in favor,
motion carried.
Linda Manning
City Clerk
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March 12, 2018
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MEMORANDUM
TO: Mayor and City Council
FROM: Ben Anderson, Planner
THRU: Jessica Garrow, Community Development Director RE: Land Use Code Amendment: Non-conformities, Variances,
and Mountain View Plane Review
Ordinance No. 6, Series of 2018 MEETING
DATE: March 12, 2018
SUMMARY:
Council initiated this amendment process on February 26, 2018 with a Policy Resolution
(Resolution No. 20, Series of 2018) giving direction to staff to begin work on potential changes to
several sections of the Land Use Code. Most of these potential changes will require a continuation
of public outreach and more consideration by staff and Council in formulating new Code language.
But other areas discussed in the Policy Resolution are much more specific in nature and require
more minimal changes to correct technical errors, or update Code specified timelines. This is the
first of what will be a number of ordinances to implement the Policy Resolution.
Changes of this nature are proposed to three (3) chapters. In Non-Conformities (26.312) and
Variances (26.314), specified timelines no longer reflect realistic time requirements for the
development or redevelopment of properties. The proposed changes to these two chapters extend
and clarify deadlines and expiration dates. In 26.435, code changes to Mountain View Plane Review
resulted in a technical survey error related to the origin points of the view planes. The only proposed
change to this chapter corrects this technical error.
If the proposed ordinance is approved at first reading, staff will bring a finalized ordinance for
second reading in a public hearing at the March 26, 2018 Council Meeting. If additional
revisions are required, subsequent drafts may be considered at additional meetings.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 6, Series 2018, on First Reading.
BACKGROUND
On February 26, 2018, Council approved a Policy Resolution (Resolution No. 20, Series of 2018)
providing direction to staff to work on amendments to several sections of the Land Use Code. This
is the first proposed ordinance to implement the Policy Resolution. The proposed Ordinance No. 6
suggests changes to three (3) chapters (Non-Conformities, Variances and View planes) of the Land
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Use Code. These changes are minor in scale and respond to omissions, technical errors, or the need
to update code specified timelines.
A description of the proposed Code changes has been included in the Community Development
newsletter. Additionally, the advisory group that has been working on changes to the Miscellaneous
Regulations chapter has been informed of the proposed changes – as have key stakeholders that have
been involved in specific discussions surrounding these proposed changes.
This First Reading for Ordinance No. 6, Series of 2018 is required under section 26.310.020 to open
the public hearing and gather additional direction from Council. The second reading is scheduled for
March 26, 2017, at which time Council may direct staff to make additional changes to the language
of the ordinance or vote at that time to approve it.
ORDINANCE DETAILS
Non-Conformities (26.312)
A recent incident of a residence destroyed by fire, made clear an unintended difficulty created by
Land Use Code. In cases of non-purposeful destruction, non-conforming uses and structures are
allowed to be replaced – as long as a building permit was issued within a particular timeframe. In
the case of non-conforming uses, this period is twelve (12) months; for non-conforming structures,
this period is twenty-four (24) months. With the recent example providing evidence of this
difficulty, the investigation of cause and resolution of insurance claims can take extended periods
of time. The existing timeframes are unfeasible in some circumstances and are potentially onerous
for both the property owner in getting a permit application submitted and city staff in reviewing a
permit application to meet the required deadlines for issuance. The proposed changes create more
reasonable and flexible time constraints for the replacement of non-conforming uses and structures
in the case of non-purposeful destruction. Specifically, the proposed time frame for both use and
structures is set at twenty-four (24) months – and the permit requirements shift from issued to
submitted.
Variances (26.314)
In several places in the Land Use Code, deadlines or avoidance of expiration dates are met by the
issuance of a building permit. The current realities of development in Aspen – including the
architectural and engineering design complexity of residential and commercial structures and the
comprehensive review process carried out by City of Aspen agencies requires significant time.
Often, the timeframes required by development makes issuance of permits difficult or impossible
in meeting the deadlines established by the Land Use Code. With the one (1) year expiration date
associated with Variances, Staff finds that requiring submission, rather than issuance of a building
permit will grant additional flexibility to both the property owner and City Staff. Staff finds this
is a reasonable solution without compromising the intent of the expiration date associated with
variances.
Mountain View Plane Review (26.435)
In the amendment to Mountain View Plane Review that resulted out of 2016 and 2017 work in
response to the moratorium (Ordinance No. 34, Series of 2016), a technical, surveyor error resulted
in incorrect points of origin for each of the identified view planes. Staff has worked with the original
consultant to correct and verify the “elevation of the reference point and reference baseline” to ensure
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that future land use decisions regarding the development in the view planes are using accurate and
consistent points of origin. The amendment to the Code proposes a technical correction to this point
of origin for each of the identified view planes, but does not change the applicability or review process
for view planes.
NEXT STEPS
Following additional direction from Council upon first reading, staff will return to the March 26, 2018
Council meeting with a revised ordinance for second reading. Council may choose to adopt the
ordinance at that meeting or request additional changes for consideration at a subsequent meeting.
Once the new regulations are adopted, staff will offer additional information to the public and
stakeholders as needed to ensure compliance with the new regulations.
RECOMMENDED MOTION (All motions are proposed in the affirmative):
“I move to approve Ordinance No. 6, Series of 2018, on First Reading.”
CITY MANAGER COMMENTS:
______________________________________________________________________________
______________________________________________________________________________
ATTACHMENTS:
Exhibit A – Staff Findings
Exhibit B – Resolution 20, Series of 2018 (Policy Resolution)
Exhibit C – Redlines of Code Sections
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ORDINANCE No. 6,
SERIES OF 2018
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
LAND USE CODE CHAPTERS 26.312, NON-CONFORMITIES; 26.314, VARIANCES;
AND 26.435, DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS (ESA).
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to craft amendments to amend the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy direction,
and finds it meets the criteria outlined in Section 26.310.040 to initiate an amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on February 26, 2018, the City Council approved Resolution No. 20, Series of 2018, by a five to
zero (5 – 0) vote, requesting code amendments to the Land Use Code to implement the Aspen Area
Community Plan; and,
WHEREAS, a proposed amendment to Chapter 26.312 extends and provides clarity to
the deadlines associated with the re-establishment of non-conforming uses and structures that are
destroyed non-purposefully; and,
WHEREAS, a proposed amendment to Chapter 26.314 would modify requirements
related to the expiration of an approved dimensional variance; and,
WHEREAS, a proposed amendment to Chapter 26.435 corrects a technical surveying
error related to mountain view plane review; and,
WHEREAS, City Council has reviewed the proposed code amendment, and finds that it
meets the criteria outline in criteria outlined in Section 26.310.050 for adoption; and,
WHEREAS, City Council finds that this Ordinance furthers and is necessary for the
promotion of public health safety and welfare; and,
WHEREAS, during a duly noticed public hearing on XXX, XX, 2018, The City Council
approved Ordinance No. 6, Series of 2018, by a X to X (X - X) vote as identified herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO THAT:
Section 1. Chapter 26.312.020.G and 26.312.030.F shall be rescinded and readopted as follows:
26.312.020. Non-conforming uses.
G. Demolition or destruction.
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1. Ability to restore. Any nonconforming use located in a structure which is purposefully
demolished, pursuant to the definition of demolition, may not be continued or restored.
Any nonconforming use located in a structure undergoing construction, which does not
constitute a demolition, has an approved development order, and an approved building
permit shall not be considered discontinued.
2. Non-willful destruction. Any nonconforming use which is demolished or destroyed by
an act of nature or through any manner not purposefully accomplished by the owner may
be restored as of right, regardless of the extent of demolition or destruction, if a building
permit for reconstruction is submitted within twenty-four (24) months of the date of
demolition or destruction.
26.312.030. Non-conforming structures.
F. Ability to restore.
1. Non-purposeful destruction. Any nonconforming structure which is demolished or
destroyed by an act of nature or through any manner not purposefully accomplished by
the owner, may be restored as of right if a building permit for reconstruction is submitted
within twenty-four (24) months of the date of demolition or destruction.
Section 2. Chapter 26.314.070 shall be rescinded and readopted as follows:
26.314.070. Expiration.
A. Expiration. Unless vested as part of a development plan pursuant to Section 26.308.010
and except as otherwise established by the appropriate decision-making body, a variance granted
under this Chapter shall automatically expire after twelve (12) months from the date of approval
unless development has been commenced as illustrated by the submission of a building permit.
B. Extension. The appropriate decision-making body may grant a one-time extension of a
variance for up to twelve (12) months. All requests for an extension must be submitted prior to
the expiration of the existing development order, must demonstrate good cause showing that an
extension is necessary and must demonstrate that the circumstances as set forth in this Chapter
are still applicable.
Section 3. Chapter 26.435.050.H shall be rescinded and readopted as follows:
1.c. Glory Hole Park: There is hereby established a view plane originating from Glory Hole
Park above which plane no land use or building shall project. The Glory Hole Park Reference
Point bears S24°37'11"E a distance of 1645.57 feet from GPS-5 of the City of Aspen GPS
Control Monumentation 2009, a Brass Cap found in a Survey Monument Box at the
intersection of South Galena Street and East Hopkins Avenue, with all bearings being
relative to S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of
South West End Street and East Hopkins Street; the Glory Hole Park Reference Base Line
bears N55°51'57"E a distance of 73.00 feet from the Glory Hole Park Reference Point. The
elevation of said reference point and baseline is 7,952.86 feet, NAVD88 Datum. The view
plane consists of two (2) spatial components more particularly described as follows:
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2.c. Wagner Park: There is hereby established a view plane originating in the north central part
of Wagner Park above which plane no land use or building shall project. The Wagner Park
View Plane Reference Point bears S64°02'52"W a distance of 642.35 feet from GPS-5 of the
City of Aspen GPS Control Monumentation 2009, a Brass Cap found in a Survey Monument
Box at the intersection of South Galena Street and East Hopkins Avenue, with all bearings
being relative to S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen GPS
Control Monumentation 2009, a Brass Cap found in a Survey Monument Box at the
intersection of South West End Street and East Hopkins Street. The reference base line bears
S49°48'54"W a distance of 68.87 feet from the reference point. The elevation of the reference
point and reference base line is 7,925.04 feet, NAVD88 Datum. The view plane is more
particularly described as follows: All that space which is within the projection of two (2)
radial lines which bear S50°21'40"E from the reference point and S17°55’36"E from the
westerly terminus of the reference base line and which is also above a plane which passes
through the reference base line at an angle of inclination of 3° 39' 10" above the horizontal
with all projections to terminate at the 8040 Greenline or City Limits.
3.c. Cooper Avenue: There is hereby established a view plane originating on the northerly side
of
Cooper Avenue easterly of Galena Street above which plane no land use or building shall
project. The Cooper Avenue Reference Point bears S01°09'30"E a distance of 576.72 from
GPS-5 of the City of Aspen GPS Control Monumentation 2009, a Brass Cap found in a
Survey Monument Box at the intersection of South Galena Street and East Hopkins Avenue,
with all bearings being relative to S74°14’01”E between said GPS-5 and GPS-4 of the City of
Aspen GPS Control Monumentation 2009, a Brass Cap found in a Survey Monument Box at
the intersection of South West End Street and East Hopkins Street. The elevation of said
reference point is 7,932.06 feet, NAVD88 Datum. The view plane consists of spatial
components more particularly described as follows: All that space which is within the
projection of a sector of 48°00'00" described by two (2) radial lines which bear S10°53'16"E
and S37°06'44"W respectively from the reference point and above a plane which passes
through the reference point at an inclination of 6°20'05" above the horizontal with all
projections to terminate at the 8040 Greenline.
4.c. Court House: There are hereby established two (2) view planes originating from the
sidewalk on the northerly side of Main Street easterly of Galena Street above which planes no
land use or building shall project.
a. View Plane Number One. The Courthouse View Plane A Reference Point bears
N31°49'00"E a distance of 382.15 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with all bearings being relative to
S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of said reference
point is 7,917.63 feet, NAVD88 Datum. The view plane consists of spatial components
more particularly described as follows: All that space which is within the projection of
a sector of 27°58'40" described by two (2) radial lines which bear S16°11'56"E and
S11°46'44"W respectively from the reference point and above a plane which passes
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through the reference point at an inclination of 4° 25' above the horizontal with all
projections to terminate at the 8040 Greenline.
b. View Plane Number Two. The Courthouse View Plane B Reference Point bears
N40°50'24"E a distance of 397.22 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with all bearings being relative to
S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of the reference point
is 7,918.33 feet, NAVD88 Datum. The view plane consists of spatial components more
particularly described as follows: All that space which is within the projection of a
sector of 26°04'38" described by two (2) radial lines which bear S02°48’34'E and
S23°16'04"W. respectively from the reference point and above a plane which passes
through the reference point at an inclination of 4° 58' 20" above the horizontal with all
projections to terminate at the 8040 Greenline.
5.c. Wheeler Opera House: There is hereby established a view plane originating from the
Wheeler Opera House westerly of Mill Street above which plane no land use or building shall
project. The easterly end point of the Wheeler Opera House Base Line for the view plane bears
S70°50'24"W a distance of 456.04 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of South
Galena Street and East Hopkins Avenue, with all bearings being relative to S74°14’01”E
between said GPS-5 and GPS-4 of the City of Aspen GPS Control Monumentation 2009, a Brass
Cap found in a Survey Monument Box at the intersection of South West End Street and East
Hopkins Street. The reference base line bears N73°42'19"W a distance of 140.45 feet from the
easterly end point of the base line for the view plane at an elevation of 7,921.49 feet, NAVD88
Datum. The view plane consists of spatial components more particularly described as follows:
All that space which is within the projection of radial lines from the easterly and westerly
terminus of the base line which bear S29°53'19"E and S66°56'51"W respectively and which is
above a plane which passes through the reference point at an inclination of 2°50'38" above
horizontal with all projections to terminate at the 8040 Greenline.
6.c. Main Street: There is hereby established a view plane originating from Main Street above
which plane no land use or building shall project. The Main Street View Plane Reference Point
bears N37°21'55"W a distance of 592.24 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of South
Galena Street and East Hopkins Avenue, with all bearings being relative to S74°14’01”E
between said GPS-5 and GPS-4 of the City of Aspen GPS Control Monumentation 2009, a Brass
Cap found in a Survey Monument Box at the intersection of South West End Street and East
Hopkins Street. The reference base line bears N74°13'18"W a distance of 51.40 feet from the
reference point. The elevation of the reference point and reference base line is 7,912.21 feet,
NAVD88 Datum. The view plane is more particularly described as follows: All that space which
is within the projection of two (2) radial lines which bear S28°22'14"E from the reference point
and S81°17’21"W from the westerly terminus of the reference base line and which is also above
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a plane which passes through the reference base line at an angle of inclination of 6° 29' 20"
above horizontal with all projections to terminate at the 8040 Greenline.
Section 4. Any scrivener’s errors contained in the code amendments herein, including but not
limited to mis-labeled subsections or titles, may be corrected administratively following adoption
of the Ordinance.
Section 5 - Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6 - Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 7 - Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 8.
A public hearing on this ordinance shall be held on the ____ day of _____, 2018, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 12th day of March, 2018.
Attest:
_____________________________ ____________________________
Linda Manning, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this _____th day of _____, 2018.
Attest:
_____________________________ ____________________________
Linda Manning, City Clerk Steven Skadron, Mayor
Approved as to form:
_____________________________
James R. True, City Attorney
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Ordinance No. 6, Code Amendment
Exhibit A - Staff Findings
Page 1 of 1
Exhibit A
Review Criteria and Staff Findings
26.310.040. Amendments to the Land Use Code standards of review – Initiation
In reviewing a request to pursue an amendment to the text of this Title, per Section
26.310.020(B)(2), Step Two – Public Hearing before City Council, the City Council shall consider:
A. Whether there exists a community interest to pursue the amendment.
Staff Findings:
The proposed amendments correct two shortcomings in the Land Use Code. The changes to the
Non-conformities and Variance chapters create more reasonable timelines in the development
process in recognizing the complexity and time required to submit and review a building permit.
The change to Mountain view plane review, while technical in nature will eliminate mistakes and
create consistency in evaluating development that may infringe on a view plane
Staff finds this criterion to be met.
B. Whether the objectives of the proposed amendment furthers an adopted policy,
community goal, or objective of the City including, but not limited to, those stated in
the Aspen Area Community Plan.
Staff Findings:
The changes to Non-conformities and Variances will improve customer service and create
reasonable timelines for both applicants and staff. The technical correction to mountain view
plane review will correct a surveyor error and will allow more accurate evaluation of development
located within a view plane.
Staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the community
character of the City and in harmony with the public interest and the purpose and
intent of this Title.
Staff Findings:
The proposed changes will have only a positive effect in improving previously created policies that
were created with these criteria in mind.
Staff finds this criterion to be met.
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Resolution No. 20, Series 2018
Miscellaneous Regulations Amendment
Page 1 of 5
RESOLUTION NO. 20
SERIES OF 2018
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES IN SUPPORT OF AMENDMENTS TO THE LAND USE CODE
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to
initiate the process of amending the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to explore amendments to the City’s
miscellaneous supplemental regulations; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach with members of the public, local architects,
designers, and planners; and,
WHEREAS, the Community Development Director recommended changes to the
Miscellaneous Regulations, Definition, Parking and Mobility, Growth Management,
Nonconformities, ADUs/Carriage Houses, Variances, Zone Districts, View Planes, and
Signs sections of the Land Use Code; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, amending the Land Use Code as described below will ensure the
ongoing effectiveness and viability of the regulations within the City of Aspen Land Use Code
to achieve City Council’s policy and regulatory goals; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on February 26, 2018 the City Council approved Resolution No. 20, Series of 2018,
by a 5 to 0 vote, requesting code amendments to the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Overall Code Amendment Objectives
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The objectives of these code amendments are to:
1. Simplify and update the calculations and measures standards in the Miscellaneous
Regulations section of the Land Use Code;
2. Improve the administration and interpretation of the Miscellaneous Regulations
section of the Land Use Code;
3. Maintain to the extent possible current development rights and regulations provided
by the Land Use Code;
4. Ensure the Parking and Mobility regulations in the Land Use Code deliver the policy
objectives identified by Council during the 2016-2017 AACP-LUC coordination
process;
5. Provide enhanced aesthetic standards for temporary food vending uses;
6. Ensure that the Land Use Code provides adequate time and a fair process for property
owners whose non-conforming properties are destroyed by fire or other non-
purposeful acts to repair their property;
7. Provide clear direction to duplex properties as to the affordable housing mitigation
requirements for the removal of an ADU that was developed as mitigation;
8. Ensure adequate time from the issuance of a variance for properties to obtain a
building permit;
9. Update the view plane legal descriptions to current survey standards;
10. Allow for historic engraved signs to remain and be maintained without allowing non-
historic properties to develop engraved signs without a permit;
11. Eliminate typos and errors from the Zone Districts regulations in Part 700 of the Land
Use Code.
Section 2: Miscellaneous Regulations Code Amendment Goals by Topic
The goals of the Miscellaneous Regulations code amendments related to “Exterior Features
Calculations” are to:
1. Maintain the current gross square footage allowed in the Land Use Code for
residential and commercial development;
2. Simplify the distinction between those development features that contribute to the
calculations floor area and those that do not;
3. Clarify and simplify the methodology for the calculation of floor area relative to
exterior features;
4. Clarify or eliminate terminology to improve comprehension of code language by staff
and the public.
The goals of the Miscellaneous Regulations code amendments related to “Grade and Height”
are to:
1. Maintain current development rights and restrictions, particularly regarding net lot
area and maximum building height;
2. Simplify the definition and methodology for the determination of grade on
development sites;
3. Limit excessive grading of development sites to preserve topography and limit
environmental and development impacts;
4. Clearly define and reduce the allowed exceptions to height and grade to improve code
interpretation and ensure appropriately scaled buildings and sites.
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The goals of the Miscellaneous Regulations code amendments related to “Yards and
Setbacks” are to:
1. Maintain current development rights and restrictions, particularly regarding the visual
and aural impacts of at-grade features within setback areas;
2. Maintain current setback distances for all zone districts;
3. Clarify distinction between setback areas and yard areas;
4. Simplify the description of features permitted in yard and setback areas, while limiting
the impacts of those features on adjacent properties.
The goals of the Miscellaneous Regulations code amendments related to “Demolition” are to:
1. Maintain the current proportion of deconstruction which constitutes demolition;
2. Simplify the methodology for calculating which activities and structural elements are
included in the definition of demolition;
3. Improve and simplify the system for tracking demolition of properties over time to
control the progressive demolition of structures.
Section 3: Parking and Mobility Code Amendment
The goals of the Parking and Mobility code amendments are to:
1. Coordinate the standards for lodge and multi-family zone districts with commercial
districts amended during the AACP-LUC coordination process;
2. Ensure appropriate parking and mobility access for multi-family residential
development inside and outside of the Infill Area;
3. Ensure appropriate parking and mobility access for lodge development within the
Infill Area;
4. Improve the clarity of the language, terminology, and standards in the Parking
Mobility section of the Land Use Code.
Section 4: Growth Management Amendment
The goals of the Growth Management code amendments are to:
1. Improve the aesthetic standards for temporary food vending operations;
2. Coordinate the sign allowance for temporary food vending operations with the
requirements for other commercial operations.
Section 5: Nonconformities Code Amendment
The goals of the Nonconformities code amendments are to:
1. Provide owners of destroyed properties sufficient time to submit building and land use
permitting materials before the expiration of their nonconformity replacement rights;
2. Clarify that the requirement for the retention of a nonconforming use or structure is
the submission of building and land use permitting materials, not the issuance of those
permits.
Section 6: Duplex ADU Mitigation Code Amendment
The goals of the Duplex ADU Mitigation code amendments are to:
1. Ensure duplexes removing ADUs mitigate fully for the loss of affordable housing;
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2. Create parity in the Land Use Code between single-family and duplex properties
seeking to remove an ADU.
Section 7: Variances Code Amendment
The goals of the Variances code amendments are to:
1. Provide recipients of variances from land use standards adequate time to prepare and
submit permitting documents;
2. Align the timeframe provided for variances to land use standards and the timeframe
required to submit for a building permit.
Section 8: View Planes Amendment
The goal of the View Planes code amendments is to:
1. Ensure the accuracy of the legal view plane descriptions.
Section 9: Signs Amendment
The goals of the Signs code amendments are to:
1. Comply with the requirements of the Reed Supreme Court decision;
2. Align the standards in the sign code with Council’s goal of maintaining the status quo
with respect to business signage;
3. Provide existing engraved signs a means to be maintained without becoming
nonconforming.
Section 10: Zone Districts Code Amendment
The goals of the Zone Districts code amendments are to:
1. Clarify language and standards by eliminating errors and ensuring accurate cross-
references;
2. Coordinate the regulations and methodologies in Part 500 with the standards in Part
700 of the Land Use Code.
Section 11:
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 12:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY, adopted this 26th day of February, 2018.
_______________________________
Steven Skadron, Mayor
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Resolution No. 20, Series 2018
Miscellaneous Regulations Amendment
Page 5 of 5
ATTEST: APPROVED AS TO FORM:
_______________________________ ______________________________
Linda Manning, City Clerk James R True, City Attorney
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Exhibit C
Redline Version of Proposed
Code Changes
Non-Conformities
26.312.020. Nonconforming uses.
G. Demolition or destruction.
2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an
act of nature or through any manner not purposefully accomplished by the owner may be
restored as of right, regardless of the extent of demolition or destruction, if a building
permit for reconstruction is issued submitted within twelve (12) twenty-four (24) months
of the date of demolition or destruction.
26.312.030. Non-conforming structures.
F. Ability to restore.
1. Non-purposeful destruction. Any nonconforming structure which is demolished or
destroyed by an act of nature or through any manner not purposefully accomplished by the
owner, may be restored as of right if a building permit for reconstruction is issued
submitted within twenty-four (24) months of the date of demolition or destruction.
Variances
26.314.070. Expiration.
A. Expiration. Unless vested as part of a development plan pursuant to Section 26.308.010
and except as otherwise established by the appropriate decision-making body, a variance granted
under this Chapter shall automatically expire after twelve (12) months from the date of approval
unless development has been commenced as illustrated by the issuance submission of a building
permit.
Mountain View plane review
26.435.050.H
1.c. Glory Hole Park: There is hereby established a view plane originating from Glory Hole Park
above which plane no land use or building shall project. The Glory Hole Park Reference Point
bears S24°37'11"E a distance of 1645.57 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of
South Galena Street and East Hopkins Avenue, with all bearings being relative to S74°14’01”E
between said GPS-5 and GPS-4 of the City of Aspen GPS Control Monumentation 2009, a
Brass Cap found in a Survey Monument Box at the intersection of South West End Street and
East Hopkins Street; the Glory Hole Park Reference Base Line bears N55°51'57"E a distance
of 73.00 feet from the Glory Hole Park Reference Point. The elevation of said reference point
and baseline is 7947.55 7,952.86 feet, NAVD88 Datum. The view plane consists of two (2)
spatial components more particularly described as follows:
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2.c. Wagner Park: There is hereby established a view plane originating in the north central part
of Wagner Park above which plane no land use or building shall project. The Wagner Park View
Plane Reference Point bears S64°02'52"W a distance of 642.35 feet from GPS-5 of the City of
Aspen GPS Control Monumentation 2009, a Brass Cap found in a Survey Monument Box at
the intersection of South Galena Street and East Hopkins Avenue, with all bearings being
relative to S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of
South West End Street and East Hopkins Street. The reference base line bears S49°48'54"W a
distance of 68.87 feet from the reference point. The elevation of the reference point and
reference base line is 7.919.73 7,925.04 feet, NAVD88 Datum. The view plane is more
particularly described as follows: All that space which is within the projection of two (2) radial
lines which bear S50°21'40"E from the reference point and S17°55’36"E from the westerly
terminus of the reference base line and which is also above a plane which passes through the
reference base line at an angle of inclination of 3° 39' 10" above the horizontal with all
projections to terminate at the 8040 Greenline or City Limits.
3.c. Cooper Avenue: There is hereby established a view plane originating on the northerly side of
Cooper Avenue easterly of Galena Street above which plane no land use or building shall
project. The Cooper Avenue Reference Point bears S01°09'30"E a distance of 576.72 from
GPS-5 of the City of Aspen GPS Control Monumentation 2009, a Brass Cap found in a Survey
Monument Box at the intersection of South Galena Street and East Hopkins Avenue, with all
bearings being relative to S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen
GPS Control Monumentation 2009, a Brass Cap found in a Survey Monument Box at the
intersection of South West End Street and East Hopkins Street. The elevation of said reference
point is 7926.75 7,932.06 feet, NAVD88 Datum. The view plane consists of spatial components
more particularly described as follows: All that space which is within the projection of a sector
of 48°00'00" described by two (2) radial lines which bear S10°53'16"E and S37°06'44"W
respectively from the reference point and above a plane which passes through the reference
point at an inclination of 6°20'05" above the horizontal with all projections to terminate at the
8040 Greenline.
4.c. Court House: There are hereby established two (2) view planes originating from the sidewalk
on the northerly side of Main Street easterly of Galena Street above which planes no land use
or building shall project.
a. View Plane Number One. The Courthouse View Plane A Reference Point bears
N31°49'00"E a distance of 382.15 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with all bearings being relative to
S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of said reference point
is 7912.32 7,917.63 7,917.63 feet, NAVD88 Datum. The view plane consists of spatial
components more particularly described as follows: All that space which is within the
projection of a sector of 27°58'40" described by two (2) radial lines which bear
S16°11'56"E and S11°46'44"W respectively from the reference point and above a plane
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which passes through the reference point at an inclination of 4° 25' above the horizontal
with all projections to terminate at the 8040 Greenline.
b. View Plane Number Two. The Courthouse View Plane B Reference Point bears
N40°50'24"E a distance of 397.22 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South Galena Street and East Hopkins Avenue, with all bearings being relative to
S74°14’01”E between said GPS-5 and GPS-4 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection
of South West End Street and East Hopkins Street. The elevation of the reference point
is 7913.02 7,918.33 7,918.33feet, NAVD88 Datum. The view plane consists of spatial
components more particularly described as follows: All that space which is within the
projection of a sector of 26°04'38" described by two (2) radial lines which bear
S02°48’34'E and S23°16'04"W. respectively from the reference point and above a plane
which passes through the reference point at an inclination of 4° 58' 20" above the
horizontal with all projections to terminate at the 8040 Greenline.
5.c. Wheeler Opera House: There is hereby established a view plane originating from the
Wheeler Opera House westerly of Mill Street above which plane no land use or building shall
project. The easterly end point of the Wheeler Opera House Base Line for the view plane bears
S70°50'24"W a distance of 456.04 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of South
Galena Street and East Hopkins Avenue, with all bearings being relative to S74°14’01”E between
said GPS-5 and GPS-4 of the City of Aspen GPS Control Monumentation 2009, a Brass Cap found
in a Survey Monument Box at the intersection of South West End Street and East Hopkins Street.
The reference base line bears N73°42'19"W a distance of 140.45 feet from the easterly end point
of the base line for the view plane at an elevation of 7916.18 7,921.49 7,921.49feet, NAVD88
Datum. The view plane consists of spatial components more particularly described as follows: All
that space which is within the projection of radial lines from the easterly and westerly terminus of
the base line which bear S29°53'19"E and S66°56'51"W respectively and which is above a plane
which passes through the reference point at an inclination of 2°50'38" above horizontal with all
projections to terminate at the 8040 Greenline.
6.c. Main Street: There is hereby established a view plane originating from Main Street above
which plane no land use or building shall project. The Main Street View Plane Reference Point
bears N37°21'55"W a distance of 592.24 feet from GPS-5 of the City of Aspen GPS Control
Monumentation 2009, a Brass Cap found in a Survey Monument Box at the intersection of South
Galena Street and East Hopkins Avenue, with all bearings being relative to S74°14’01”E between
said GPS-5 and GPS-4 of the City of Aspen GPS Control Monumentation 2009, a Brass Cap found
in a Survey Monument Box at the intersection of South West End Street and East Hopkins Street.
The reference base line bears N74°13'18"W a distance of 51.40 feet from the reference point. The
elevation of the reference point and reference base line is 7906.90 7,912.21 7,912.21 feet,
NAVD88 Datum. The view plane is more particularly described as follows: All that space which
is within the projection of two (2) radial lines which bear S28°22'14"E from the reference point
and S81°17’21"W from the westerly terminus of the reference base line and which is also above a
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plane which passes through the reference base line at an angle of inclination of 6° 29' 20" above
horizontal with all projections to terminate at the 8040 Greenline.
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