HomeMy WebLinkAboutagenda.council.regular.20070423
CITY COUNCIL AGENDA
April 23, 2007
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Proclamation - Aspen Crime Victims' Week
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's and Councilmembers' Comments
b) City Manager's Comments
c) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #30, 2007 - Sunny Views Annexation
b) Request tor Noise Variance - Jazz Aspen
c) Housing Board Appointment
d) Minutes - April 2; April 9, 2007
VII. First Reading of Ordinances
a) Ordinance #18,2007 - Disconnect Lot 5, Stillwater Ranch P.H. 5/14
b) Ordinance #19,2007 - 500 W. Francis - Historic Landmark Lot Split P.H. 5/14
c) Ordinance #20, 2007 - Extension ot Landuse Application Moratorium
VIII. Public Hearings
a) Resolution #29, 2007 - Extension ot Vested Right S. Aspen Street
b) Ordinance #15,2007 - Rights-ot-Way Standards
c) Ordinance #16, 2007 - Supplemental Appropriations
d) Ordinance #49, 2006 - Wienerstube Subdivision
e) Ordinance #9,2007 - Code Amendments - Residential Multi-Family
t) Ordinance #10,2007 - Code Amendments - Lodge Zones
g) Ordinance #11, 2007 - Code Amendments - Commercial Zones
h) Ordinance #12,2007 - Code Amendments - Miscellaneous Land Use
i) Ordinance #13,2007 - Code Amendments - Commercial Design Standards
j) Ordinance #14, 2007 - Code Amendments - Growth Management Quota System
IX. Action Items
X. Executive Session
X. Adjournment
Next Regular Meeting Mav 14. 2007
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
April 23, 2007
Resolution No. 3V , Series of 2007, to initiate Annexation Proceedings for
the Sunny View Annexation.
RE:
Attached for your consideration is a resolution which, if adopted, would initiate annexation
proceedings for the Sunny View Annexation. The property in question is adjacent to Park
Circle and Smuggler Mountain Road. This property is currently owned by Pitkin County. The
county entered into a sales contract with Mollie Gibson Holdings, LLC. Attached please find a
letter from Michael Owsley, Chairman of the BOCC, requesting that City Council annex the
property. Apparently, Pitkin County and Mollie Gibson Holdings, LLC settled a lawsuit
involving adjacent Sesame Street road closure as it crosses lands owned by Pitkin County. The
Sunny View Parcel was made a part of that settlement agreement
I will ask a representative of Mollie Gibson Holding, LLC, and Pitkin County to be present at
the public hearing (on May 28, 2007) to better explain the settlement agreement and for an
explanation of the future plans for this parcel, if it is annexed into the City. In addition,
Community Development will provide a memo explaining the development potential of the
property in the County and the City.
This office and the Engineering Department have determined that the petition complies with
the technical requirements for a petition pursuant to state annexation laws. According to state
law, the next step in the annexation process is for Council to set a date for a hearing, no less
than 30 days nor more than 60 days after the effective date of the attached resolution setting
the date for the public hearing, to determine if the annexation complies with Sections 31-12-
104 and 31-12-105, C.R.S.
Section 31-12-104 of the Colorado Revised Statutes requires:
(a) That not less than one-sixth of the perimeter of the area to be annexed is
contiguous with the annexing municipality. ...
and
(b) That a community of interest exists between the area proposed to be annexed
and the annexing municipality; that said area is urban or will be urbanized in the
near future; and that said area is integrated with or is capable of being integrated
with the annexing municipality. ...
Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the
limitations in the statute appear to prevent this annexation (limitations on dividing land held in
identical ownership, commencement of annexation proceedings for annexation to other
municipalities, detachment of area from a school district, prohibition against extending city
limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and
requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a
hearing must be held so Council can make those specific findings.
Before these parceis can be annexed into the City the following steps must take place:
(a) A hearing before Council to determine compliance with Sections 31-12-104 and
31-12-105, C.R.S. as described above.
(b) Underlying zoning needs to be established through P&Z which will then make a
recommendation to Council. (The Ordinance establishing the zoning can be
acted on at the same time the annexation ordinance is adopted.)
Adoption of the attached resolutions will cause staff to continue working on the above
described steps. Once the steps are completed, two ordinances will be presented to Council to
formally annex the area into the City.
REQUESTED ACTION: A motion to adopt Resolution No.~ ,Series of 2007.
CITY MANAGER'S COMMENTS:
cc: City Manager
JPW- saved: 4/16/2007.552-G:~ohn\word\memos\Sunny View Ann-I.doc
RESOLUTION NO. ':D
(Series of 2007) .
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS THE "SUNNY VIEWS ANNEXATION"; FINDING SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND
PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-
12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID
HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR
LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on March 13, 2007, one hundred percent of the owners of certain property
situate adjacent to the boundaries of the City of Aspen did file with the City Clerk of the City of
Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described
in said Petition for Annexation, is being petitioned for annexation to the City of Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, c.R.S.; and
WHEREAS, the petition, including accompanying copies of four annexation maps, have
been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (I) of Section 31-12-
107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen;
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a
petition is filed pursuant to subsection (I) of Section 31-12-107, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (I) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31"12-105, C.R.S., and to establish
whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of
1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of
Aspen at 5:00 o'clock p.m. on the May 28,2007, in Council Chambers at City Hall, 130 S. Galena,
Aspen, Colorado 81611. (A date which is not less than thirty days or more than sixty days after the
effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council, the
City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper
of general circulation in the area proposed to be annexed. The first publication of such notice shall
be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall
2
be returned when the publication is completed, and the certificate of the owner, editor, or manager
of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution
and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of
County Commissioners and to the County Attorney of Pitkin County and to the Aspen School
District at least twenty days prior to the date fixed for such hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate
appropriate zoning procedures with regard to the territory proposed to be annexed, and to prepare
and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.RS.,
to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date
established for a public hearing.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
_dayof ,2007.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
JPW- saved: 4/16/2007.812.G:~ohn\word\resos\Sunny Views-annl.doc
J
AUTHORIZATION LETTER
March 13, 2007
To: City of Aspen
c/o John Worcester, City Attorney
130 South Galena Street
Aspen, Colorado 81611
From: Pitkin County Board of County Commissioners
Courthouse Plaza Annex Building
530 East Main Street
Aspen, Colorado 81611
Re: Petition for Annexation
Ladies and Gentlemen:
Contemporaneous herewith, Pitkin County has executed that certain "Petition for
Annexation of Territory to the City of Aspen" providing for the annexation of certain lands
described therein into the City of Aspen pursuant to Colorado Revised Statutes 31-12-102 et seq.
and pursuant to the City of Aspen Annexation Plan of September, 2005.
Although Pitkin County is currently the owner of the lands described in the Petition for
Annexation of Territory to the City of Aspen, Pitkin County has entered into a contract with
Mollie Gibson Holdings, LLC ("Mollie Gibson") providing for Mollie Gibson's purchase of such
lands, and providing for Mollie Gibson's right to pursue an annexation of such lands into the City
of Aspen.
Accordingly, with respect to such Petition for Annexation of Territory to the City of
Aspen, this Authorization Letter will confirm that Pitkin County, Colorado consents and
authorizes Mollie Gibson Holdings, LLC's filing, processing, circulation and publication of a
Petition for Annexation of Territory to the City of Aspen pursuant to Colorado Revised Statutes
31-12-102 et seq. and pursuant to the City of Aspen Annexation Plan of September, 2005 with
respect to the lands currently owned by Pitkin County, Colorado and as described on Exhibit A
attached hereto; provided however, that at all times Pitkin County reserves the right to
immediately revoke such consent and authorization upon delivery of written notice of such fact
to the City of Aspen at the address set forth above.
Additionally, such consent and authorization are subject to the further condition that the
City of Aspen's final approval of the annexation of such lands into the City of Aspen shall only
take effect after Pitkin County conveys title to such lands to Mollie Gibson Holdings, LLC, and
such conveyance is evidenced by a recorded duly executed and acknowledged deed confirming
the fact of such conveyance.
{00066681.DOC / 21
Finally, Mollie Gibson Holdings, LLC shall be solely responsible for all fees and costs to
the City of Aspen with respect to this matter, and shall be solely responsible for all
representations made to the City of Aspen with respect to this matter.
PITKIN COUNTY BOARD OF COUNTY
C MISSIONERS! -
3,/I!//Z007
I
By:
Date
I0006668I.DOC 121
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the
"Petitioner") hereby petitions the Council of the City of Aspen,
Colorado for the annexation of an area, to be referred to as the
"Annexation" to the City of Aspen, said area is more particularly
described on Attachment "A" attached hereto.
The Petitioner alleges:
1. That is desirable and necessary that such area be annexed
to the City of Aspen.
2. That the requirements of Section 31-12-104 and 31-12-108,
C.R.S. exist or have been met.
3. That not less than one-sixth (1/6) of the perimeter of
the area to be annexed is contiguous with the boundaries of the
City of Aspen.
4. That a community of interest exists between the area
proposed to be annexed and the City of Aspen.
5. That the area proposed to be annexed is urban or will be
urbanized in the near future.
6. That the area proposed to be annexed is integrated with
or capable of being integrated with the City of Aspen.
7. That the Petition herein comprises more than fifty
percent (50%) of the landowners in the area and owns more than
fifty percent (50%) of the area to be annexed, excluding public
street, alleys and lands owned by the City of Aspen.
WHEREFORE, said Petitioner requests that the Council of the
City of Aspen approve the annexation of the area described on
Attachment "A", legal description of the land.
The Petitioner reserves the right to withdraw this petition
and its signature therefrom at any time prior to the commencement
of the roll call of the City Council for the vote upon the second
reading of the annexation ordinance.
The petitioner signing this Petition represents that it owns
all of the area described on Exhibit "A".
{0006176I.DOC/II
IN WITNESS WHEREOF, the undersigned has executed this
petition for Annexation this 1.3'" day of ~""t , 2007.
BO
ONE S OF PITKIN COUNTY, COLORADO
By:
Mi e M. wsley, Cnalrman
Petitioner's Signature
Board of County Commissioners of Pitkin County, Colorado
Petitioner's Printed Name
Courthouse Plaza Annex Buildinq, 530 East Main Street
Address
Aspen, Colorado 81611
City, State, Zip Code
{0006176I.DOC/I}
Attachment "A" to Petition for Annexation of Territory to the
City of Aspen
(Legal Description of Area to be Annexed)
A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED
IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF
COLORADO DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK
PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30043'48"W
2405.97 FEET;
THENCE N 67027'17"W 186.82 FEET;
THENCE N 41054'48"W 35.73 FEET;
THENCE 175.21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 290.57 FEET (CHORD BEARS N 10043'43"E 172.56 FEET);
THENCE 92.69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 90.00 FEET (CHORD BEARS N 34032'11" E 88.65 FEET;
THENCE N 05001'57"E 53.82 FEET;
THENCE S 26024'25"E 98.14 FEET;
THENCE N 85012'49"E 88.09 FEET;
THENCE N 30058'45"E 29.58 FEET;
THENCE N 85012'49"E 69.34 FEET;
THENCE S 17033'25"W 129.83 FEET;
THENCE S 02033'16"W 83.30 FEET;
THENCE S 40001'50"E 54.02 FEET;
THENCE S 43030'00"W 137.86 FEET TO THE POINT OF BEGINNING,
CONTAINING 71,194 SQUARE FEET MORE OR LESS.
{0006176I.DOC/l}
Attachment "B" to petition for Annexation of Territory to the
City of Aspen
(Affidavit of Circulator)
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being first duly sworn upon his oath
states: That he was the circulatory of the attached petition for
Annexation and that each signature therein is the signature of
the person whose name' urports to be.
Circulator's
scribed and sw
2007 by
of
"."..
""
(00061 76l.DOC II)
Attachment "C" to Petition for Annexation of Territory to the
City of Aspen
(Proof of Ownership)
I, Curtis B. Sanders, as an attorney licensed by the State
of Colorado, hereby certify that the Board of County
Commissioners of pitkin County, Colorado is the sole record owner
of the real property described immediately below (the
"Property"), and therefore constitutes more than 50% of the
landowners in the area proposed for annexation, as said area is
described immediately below, and more than 50% of the land in
such area, exclusive of streets and alleys:
A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED
IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF
COLORADO DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK
PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30043'48"W
2405.97 FEET;
THENCE N 67027'17"W 186.82 FEET;
THENCE N 41054'48"W 35.73 FEET;
THENCE 175.21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 290.57 FEET (CHORD BEARS N 10043'43"E 172.56 FEET);
THENCE 92.69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 90.00 FEET (CHORD BEARS N 34032'11" E 88.65 FEET;
THENCE N 05001'57"E 53.82 FEET;
THENCE S 26024'25"E 98.14 FEET;
THENCE N 85012'49"E 88.09 FEET;
THENCE N 30058'45"E 29.58 FEET;
THENCE N 85012'49"E 69.34 FEET;
THENCE S 17033'25"W 129.83 FEET;
THENCE S 02033'16"W 83.30 FEET;
THENCE S 40001'50"E 54.02 FEET;
THENCE S 43030'00"W 137.86 FEET TO THE POINT OF BEGINNING,
CONTAINING 71,194 SQUARE FEET MORE OR LESS.
{00061761.DOC II}
Dated:
IJt.-t.. /Y/
, 2007~
('"r~ers
-r'1
n to before me this 1'-/ day of
~
Subscribed and sw
rYflVlt-h 2007 by
WITNESS my hand a
-d-/A'i I () r
Commission Expiration
'i h'"Jtl aL luCri
No ry blic
{0006176I.DOC/I}
Attachment "D" to Petition for Annexation of Territory to the
City of Aspen
(Four Prints of Annexation Map)
(00061761.DOC II)
MEMORANDUM
Vlb
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
April 10,2007
RE:
Noise Variance Requests - Jazz Aspen June Festival- June 21 - 24
SUMMARY: Jazz Aspen June Festival at the Rio Grande Park June 21 to 24 is
requesting a noise variance for concerts to go past 9 p.m. The second acts start at 9 p.m.
and are scheduled to go for 90 minutes. The noise variance request is to allow the
concerts to continue until 11 p.m., which should allow for any encores.
BACKGROUND: This is the fifth year of Jazz Aspen at the Rio Grande Park. Council
approved noise variance requests for the past 4 years. There have been no noise
complaints. I have attached the 2007 June festival schedule. Their schedule is designed
to not conflict with the music festival events, which is why the late starts. Staff received
noise complaints about the Honda Ski Tour concert in Rio Grande. This event was not
held inside a tent and the stage was oriented toward the west end.
DISCUSSION:
Section l8.04.050(a)(3) ofthe Municipal Code allows the special event committee to
approve noise variances; however, the committee feels that for large events in the core,
Council should be the final review. Council has approved noise variances for 4 core
parties at Cooper & Galena and apres X concerts at Wagner Park as well as Jazz Aspen
for the past 4 years and Dancin' in the Streets for the past 4 years.
(3) Special Events or other events to which the public is invited with the
following conditions:
(a) The maximum decibel level at the perimeter of the event does not exceed
100 decibels; and
(b) Amplified noise shall be created only between the hours of 9:00 a.m. and
9:00 p.m.; and
(c) Neighbors within two hundred fifty (250) feet ofthe site of the proposed
sound source are notified. Such notification must be in writing and be
done seven (7) days prior to the starting time of the event; and
(d) The arrangement ofloud speakers or the sound instruments must be such
that it minimizes the disturbance to others resulting from the position or
orientation of the speakers or from atmospherically or geographically
caused dispersal of sound beyond the property lines; and
(e) All reasonable measures are taken to baffle or reduce noise impacts on the
neighbors; and
(t) Event organizers agree to cooperate with the Police Department in
addressing noise complaints from neighbors, which may include the
termination of the event.
(g) Organizers of special events governed by the City of Aspen Special Event
code (14.20.030(1)) may request a variance from noise restrictions to the
City of Aspen Special Event Committee.
MOTION: By approving the consent calendar, Council is approving noise after 9 p.m.
for Jazz Aspen at the Rio Grande Park, June 21 through 24.
Attach: Jazz Aspen Schedule and Venue Map
JAZZ ~~r.VMASS
.-by
.. CALAMOS INVESTMENTS'
Mitigation Plan for 2007 June Festival (6/21-6/24)
Presented by Jazz Aspen Snowmass (v. #1)
Submitted to the City of Aspen by Jazz Aspen Snow mass
OVERVIEW
Through the on-going cooperation of many local groups, the June and Labor Day
Festivals have established themselves as signature world-class events for the Roaring
Fork Valley. 2007 celebrates the seventeenth season of Jazz Aspen Snowmass (JAS), a
501C-3 not for profit organization, which would not be possible without the hard work
of all involved entities.
Now entering it's fifth season in downtown Aspen, the 2007 June Festival will prove to
be the most efficient to date. Elements include a new performance venue / tent which
will have less impact on park, our popular "free" second stage (Cooper Ave. Mall) for
daytime entertainment, and" After Dark" performances in clubs in town. Although
there will be slight modifications to the logistics of the festival layout, JAS is confident
that we have established systems that are effective and work to ensure a quality event.
This mitigation plan review will highlight the June Festival, which will run from
Thursday, June 21st through Sunday evening, June 24th. A few key elements of the
festival program are:
. The new clear-span performance tent (with no interior poles) will be more
efficient in it's set and strike while keeping our "seated" capacity @ 3000.
There will be no lawn seating. JAS and the Aspen Parks Department will
continue to work together to develop "load-in" and "load-out" plans that
will minimize the impact to Rio Grande Park.
. JAS would again like a variance on the noise curfew- extended to
11:00pm. (we have been granted for the last four years with no complaints
reported).
. Site capacity for the "Main Show" performances is 3,500 (3,000 + staff,
vendors, etc.).
. JAS will again execute a "Free" stage on the Cooper Mall (next to clock
tower facing down Cooper Ave. Mall.). This stage will provide free music
during the afternoons before the Main Stage hits at Rio Grande Park.
. Festival "goers" will be able to leave site and re-enter (with proper wrist
band and ticket stub), to support local bar / restaurant business.
. Once again we are planning a FREE gospel concert -Noon on Sun. 6/24.
We are trying to confirm talent and let you know when we do.
Page Two
Mitigation Plan for 2007 June Festival
THE MAIN SITE - RIO GRANDE PARK
The grounds will be open to the public beginning one hour prior to show time (6:00 PM
on Thurs. 6/21; 7:00 PM on Fri. 6/22; 5:30 PM Sat. 6/23 & Sun 6/24). We will also have a
FREE gospel concert Sun. 6/25 @Noon. The Rio Grande Park Area (site) will be fenced
off with snow fencing, completely enclosing the concert area.
Set-up logistics are being scheduled with Parks Department and will be forwarded
upon completion.
Amplified music will go no later than 11:00 pm.
No camping will be allowed or provided.
Security
Access to the site will be monitored by paid security (David Meeker-Aspen Event
Security) hired and managed by JAS. This security force will also will also be visibly
present within the site itself, monitoring the perimeter and any and all additional
relevant area that require monitoring to insure the integrity and safety of the site. We
will also have two (2) overnight security to patrol the grounds. Security personnel will
be based on-site with at least four (4) members assisting with the Festival egress at the
end of the day.
Staging
The actual staging area will be very similar to that of the 2006 festival, please refer to
attached site plot. The "JAS Patron" tent and musician dressing rooms (tents) will be
towards the rear of the performance tent. Power will be supplied through generators
contracted through JAS. Proper signage reflecting flow of the overall site will be
provided by JAS. Through closing each night, the area surrounding the site will be
appropriately lit (Neff light towers) in order to avoid confusion and mishap.
Private Hospitality Tents
As years past, JAS will provide private hospitality tents that are commissioned and
coordinated through JAS. Daily capacity for the private tents will range from 20-400
persons per day, and are included in our overall capacity.
Emergency Plan
There will be no divergence from the plan that includes:
Walkways to be kept clear at all times by JAS security
Fire / emergency lanes to provide access to the grounds, backstage,
concession areas and the "JAS Patron" area.
All tents will have flameproof certificates, and will meet uniform fire code.
Fire extinguishers will be on stage, backstage and in all structures where
they are needed. This will be reviewed with Aspen Fire Protection.
Paramedics will be hired through Aspen Ambulance commissioned by
JAS
Site walk-through will be scheduled with Aspen Fire Protection District
prior to event for safety approval.
Any deviations from the above will be approved by Aspen Fire Protection
District.
Page Three
Mitigation Plan for 2007 June Festival
Sanitation/Water
The equivalent of 30 regular access and 4 handicap toilets will be provided on the
festival grounds for the general public and serviced daily (based on capacity increase
adjustment). Location of general public units will be centralized, making units more
accessible. Also, we will have a service truck on-site at all times throughout the event
ensuring service and fresh supplies to units when needed.
Three (3) potable water stations (one backstage) will be situated throughout the site
adhering to health department guidelines. The stations will be re-filled throughout the
evening as needed.
Clean-up
The festival will obtain cardboard trash containers (with liners) to place around concert
site. The festival will provide a clean-up crew to remove trash throughout the day.
Two (2) 4-yard (bear-proof) containers will be on site for trash and will be emptied as
needed by a garbage truck. This vehicle will be available at all times to service the
Festival site. All trash will be removed from site daily.
Food & Vendors
Food vendors will be commissioned and managed through JAS Vending Area
Coordinator. All appropriate health and food permits, and Certificates of Insurance
will be secured by the individual respective vendors, and provided to JAS and the City
prior to the event. All food areas will be kept especially clean with no exposed trash to
avoid attracting bear / wildlife.
As a result of space limitations, and keeping local retailers in mind, JAS plans no more
than five (5) food vendors and zero (0) craft vendors for the June Festival.
Syzygy Restaurant will prepare and serve food in the "JAS Patron" tent; a vendor (tbd)
will handle Hospitality Tents and will coordinate backstage catering; all will secure all
necessary health and food permits through Pitkin County Health Department.
Both vendors and "JAS Patron" / Hospitality caterer will have mandatory meeting with
Health Department to discuss procedures prior to the opening of the Festival.
Liquor
Two (2) full service bars will be set up throughout the grounds and will be open nightly
from 6:00 PM until twenty minutes before close of all evening concerts (est. @ 10:30
PM). Posting of closing time for each bar will be executed.
All liquor sold will be the sole responsibility of JAS. JAS staff, management, and
bartenders will be the only personnel selling alcoholic beverages. All revenue will go to
JAS to help offset the costs of the festival.
A special use liquor license will be applied for through the City by JAS for the June
Festival. JAS will provide TIPS trained bartenders for service. Identification will be
checked at the entrance gate. All persons over the age of 21 will be given a colored
wristband. These wristbands are not removable, nor are they transferable. No one
appearing intoxicated will be served. We intend to keep very strict control on the sale
of alcohol at this event.
Page Four
Mitigation Plan for 2007 June Festival
Liquor (continued)
Concert-goers will not be allowed to bring alcohol or glass containers in to the festival
site. The only exception would be for persons with special dietary needs (e.g. diabetics
and infants).
No alcohol will be allowed off "site" premises.
In order to alleviate long lines and customer dissatisfaction, four (4) drinks per person
will remain the maximum served at anyone time. Furthermore, security throughout
the Festival will be put on notice to keep a sharp eye out for underage or abusive
drinking, and will be more thorough in bag checks at the front gate.
Site Capacity/Tickets
The site capacity for the June Festival is 3,500 (3000 seats+500 staff). Tickets will be
available from $35 - $95 with respective discounts for multiple day ticket purchase. The
day of show, an additional $5 surcharge will be implemented. The primary ticket sales
area during the four-day event will be at the Festival Box Office -location same as '05.
The Box Office will open at 4 PM daily. JAS accepts complete monitoring and control of
all ticketing and cash.
Parking & Traffic Control
Based on learning from previous Festivals and the uniqueness of the Aspen location, we
are confident that the 2006 plan will be the most effective to date. JAS will work with
transportation partner RFT A to coordinate the Ruby Park terminal as home base for
shuttles. Pedestrian traffic will be directed along Galena Street to alleviate congestion @
Mill and Main. Vehicular access will be limited on Rio Grande Place/E. Bleeker during
performance times. JAS will work closely with City Parking Department to promote
"City Parking Policies" throughout the Festival weekend. The natural infrastructure of
the City will aid in the" flow" of pedestrian traffic.
The crosswalk across Rio Grande Place will be monitored with JAS personnel
through the end of egress.
JAs is working with the City Parking Department in pursuing the use of the Rio Grande
parking garage for "JAS Patrons." 250 spaces are needed from 6pm -10:30pm (6/21-
6/24), same as '06 event.
JAS is coordinating with City Parking Dept. the use of parking areas (ACRA and
community bank) for festival use (Festival Box Office, prod. staff parking, handicap
parking, etc.). Same as Food & Wine- currently working out logistics. JAS is also
requesting parking along the length of Rio Grande Park (north side of Rio Grande
Place) for staging and festival vehicles- dates tbd.
Page Five
Mitigation Plan for 2007 June Festival
Parking & Traffic Control (continued)
JAs will be responsible for the operation of any parking areas with adequate staff. A
"supervisor" will be assigned and will maintain contact with the Aspen Police
department at all times.
Parking passes will be issued by JAS for site parking (staff! vendors) and "JAS Patron"
for parking garage.
Aspen Police & JAs will provide inventory of directional signs. We will determine if
additional signage needs to be produced at review.
The last main stage performance is schedule to end around 10:45 PM. Again we will
use light towers to adequately light the egress (when everyone leaves) and exit from
site. Positions on-site at entrance / exit.
JAS is running PSA's on KSPN, KSNO, KKCH, KNFO, KDNK, KAJX, KISS and press
releases in all Valley newspapers promoting mass transportation. This promotional
message will start June 4th and run through the Festival.
The daily main act will complete performance around 10:15 -10:45 PM nightly. This
will be the main egress from the event. As with past festivals, communication is the key
between all parties, which has proved successful. On call for roughly 20 minutes prior
to end of show, egress is handled between JAS Traffic Control Staff, Festival Security,
and RFT A team.
Transportation
JAS maintains its own independent group of drivers with vans and limousines to move
artists and their equipment to and from the airport, hotel and performance venue. The
artist will be taken to and from the venue via the backstage entrance off Rio Grande
Place. Schedules are varied according to each artists needs.
JAS will provide transport from Valleywide locations by contracted partner RFTA.
Specific scheduling will be submitted to the Aspen Police Department prior to the
event.
JAS should have accurate estimates of the expected number of attendees through
advanced ticket sales. JAS will coordinate carefully with the Aspen Police and all
transportation partners prior to the event and then with daily meetings during the
event.
Signage
JAS will work closely with the City Community Development department for this
unique event. JAS is proposing event/ sponsor banners on event site only (Rio Grande
Park) on perimeter snow-fence facing "in" towards the performance venue, as well as
inside the "mega-truss" venue.
Page Six
Mitigation Plan for 2007 June Festival
Marketing
As in years past, JAs has established an extensive network of coverage for the June
Festival. Current plans include a series of display ads in the Denver Post, radio spots in
Denver marketplace and advertising throughout the 1-70 corridor, the Western Slope,
and here in the Roaring Fork Valley. Public transportation, parking fees and additional
$8 surcharge the day of show for tickets, will be included in respective marketing
efforts. Total marketing funds are well in excess of $250K collectively between JAs and
Calemos Investments.
As we move closer to the actual event, additional details will be provided to the City of
Aspen and its various departments through JAs. Without the cooperation of all the
entities listed in this mitigation plan, the presentation of such a festival would not be
possible.
"FREE" STAGE - COOPER STREET MALL
Overview
As seen in the past, this popular feature adds to the general "festival experience" and
bring additional vitality to merchants and retailers in the commercial core.
This 24' x 20' covered stage (located next to clock tower on Cooper Street Mall) features
bands ranging from local school jazz bands to nationally know brass bands. A small
sound system would be used to blend music and announcements, not to amplify by
volumes. Small, self-contained generator would be power source.
Music would start around 1pm and continue until6pm (6/21-6/24).
signage would be "event name" only on stage. We would like to provide patio tables
and seating.
This stage provides an opportunity to feature students from the Valley that participate
in our "JAs In-School" programs.
Page Seven
Mitigation Plan for 2007 June Festival
. Will forward complete schedule upon completion
2007 June Festival Schedule: a/o 4/5/07
MAIN STAGE @ RIO GRANDE PARK
June 21 7;00 PM Madeleine Peyroux
9:00 PM Herbie Hancock & Friends
June 22 8;15 PM NOMa
9:00 PM Earth, Wind & Fire
June 23 6;30 PM Angelique Kidjo
9:00 PM Steve Winwood
June 24 Noon Free Gospel - tbd - tentative
6:30 PM Marcus Miller
9;00 PM Black Crowes
June 21
5:00 PM
FREE STAGE @ COOPER AVE. MALL
tbd
June 22
2:00 PM
3:15PM
4:30 PM
6;00 PM
2:00 PM
3:00 PM
4:00 PM
5:00 PM
June 23
June 24
2:00 PM
3;00 PM
4;00 PM
5:00 PM
JAS In-Schools - Student Band
tbd
tbd
tbd
JAS In-Schools - Student Band
JAS Faculty Band
tbd
tbd
JAS In-Schools - Student Band
JAS Faculty Band
tbd
tbd
ADDITIONAL JAS "AFTER DARK" SHOWS
June 21 10:30 PM tbd @ Belly-Up
10:30 PM & Mdngt tbd @ Syzygy Restaurant
June 22 10:30 PM tbd @ Belly-Up
10;30 PM & Mdngt tbd @ Syzygy Restaurant
June 23 10;30 PM tbd @ Belly-Up
Mdngt tbd @ Syzygy Restaurant
June 24 10;30 PM tbd @ Belly-Up
10:30 PM & Mdngt tbd @ Syzygy Restaurant
Page Eight
Mitigation Plan for 2007 June Festival
PRODUCTION TIMELINE - PRELIMINARY
Mon. June 11
. Measurements for "main stage tent" - ground plates in
. Production trailer in
Mon. June II -
Sat. June 16
."Main Stage Tent" erected and skinned
Sun. June 17 -
Thor. June 21
.Stage, sound & lights, seating, all other structures in
Wed. June 20
.Cooper Ave. Mall Stage in
Thur.June2l-
Sun. June 24
.Festival
Mon. June 26 -
Fri. June 30
.Tear-down/Strike
VIG
MEMORANDUM
TO:
Mayor and City Council
FROM:
Kathryn Koch, City Clerk
DATE:
April 18, 2007
RE:
Appointment to Housing Board
By adopting the consent calendar, Council is approving the appointment of
Jennifer Hall as the city/county alternate to the Aspen Pitkin County Housing Authority.
Vila.
lIII~ora.n.d.....~
Ihe Gil\' orAIPen
Oil\' Alblrney~ om~e
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
April 23, 2007
Ordinance No. 1'6 , Series of 2007, to Disconnect Lot 5, Stillwater Ranch
Subdivision from the city limits of the City of Aspen
RE:
Attached for your consideration and review is a proposed ordinance that, if approved, would
disconnect Lot 5, Stillwater Ranch Subdivision from the city limits of the City of Aspen.
The parcel proposed for disconnection is part of the Stillwater Ranch Subdivision located on the
eastern edge of the City limits. Attached please find a Petition for Disconnection by Ordinance
submitted by Sister Andrea Jaeger, the founder of Little Star Foundation. The petition describes
the reasons for the request and history of this parcel.
I have asked city staff members to be present at the second reading and public hearing of the
ordinance to describe any issues that the city staff may wish to bring to City Council's attention
before approving the ordinance.
State law authorizes City Council to adopt an ordinance to disconnect lands that are within and
adjacent to the boundary of the City of Aspen upon the filing of an application by the property
owners and a finding of the Citv Council that the best interests of the Citv would not be
preiudiced bv the approval of the disconnection.
The attached proposed ordinance contains the requisite findings and, if adopted, would
disconnect the parcel from the city limits of the City of Aspen.
If you have any questions regarding this matter, please contact me.
REQUESTED ACTION: Approval of Ordinance No.~, Series of2007, on first reading.
CITY MANAGER'S COMMENTS:
cc: City Manager
JPW- saved: 4/16/2007-285-G:\john\word\memos\Little Star disconnect.doc
ORDINANCE NO.
(Series of 2007)
18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF
ASPEN, COLORADO, KNOWN AND DESIGNATED AS THE "LITTLE STAR
FOUNDATION RANCH DE-ANNEXATION."
WHEREAS, on March 7, 2007, the owner of the property proposed to be disconnected from
the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by
Ordinance" pursuant to Section 31-12-501, C.R.S; and
WHEREAS, Section 31-12-501, C.R.S. sets forth the procedure required to disconnect a
tract of land within and adjacent to the boundary of a city.
WHEREAS, the City Council does hereby find and determine that approval of the Petition
for Disconnection of said territory to be in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That the tract of land described in the Petition for Disconnection,
commonly referred to as the "Little Star Foundation Ranch de-annexation", and as legally described
below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31-12-
501, C. R.S.
Lot 5, Stillwater Ranch SubdivisionIPUD, according to the Final Plat thereof recorded
December 30, 1994, in Plat Book 35 at Page 86 of the real property records of Pitkin
County, Colorado.
Section 2.
The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the
City of Aspen.
(b) To certifY and file two (2) copies of this ordinance with the Clerk and Recorder of
the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy ofthis
ordinance with the Division of Local Government of the Department of Local Affairs, State of
Colorado.
Section 3. The City Engineer of the City of Aspen is hereby directed to amend
the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this
ordinance.
Section 4. The land so disconnected shall not thereby be exempt from the
payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness
contracted by the City of Aspen while such land was within the limits thereof and which remain
unpaid and for the payment of which said land could lawfully be taxed.
Section 5.
That if any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6. That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
A public hearing on the ordinance shall be held on the _ day of
City Council Chambers, Aspen City Hall, Aspen, Colorado.
,2007, in the
2
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the _ day of ,2007.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
,2007.
day of
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
JPW- saved: 3/8j2007-S92-G:\john\word\ords\little star disconnect.doc
3
MEMORANDUM
TO:
Mayor and Council
FROM:
Lisa Dawson, Controller/Assistant Finance Director
THRU:
John Worcester, City of Aspen Attorney
DATE OF MEMO:
April 16, 2007
April 16, 2007
MEETING DATE:
RE:
Financial Impact of Proposed De-annexation of Silver Lining Ranch
SUMMARY: Silver Lining Ranch is requesting de-annexation from the City of Aspen. The City
of Aspen Finance Department researched the financial impact of the proposed de-annexation.
There does not appear to be any significant revenue losses to the City currently from de-
annexation because of the non-profit status of Silver Lining Ranch. However, future Real
Estate Transfer Taxes (RETT's) and the City of Aspen's portion of property taxes could be
significant if the property is sold to a non-tax-exempt entity.
BACKGROUND: As of April 2006, the Silver Lining Foundation merged with and took on the
name of the Little Star Foundation. The Little Star Foundation is an IRS Code Section 501(c)3
non-profit-organization; as such, they are currently tax exempt from property taxes and Real
Estate Transfer Taxes.
DISCUSSION: It appears that the amount of revenues attributable to the City of Aspen from the
Silver Lining Foundation's/Little Star Foundation's current 6.47 acres within the city limits are
relatively negligible due to the non-profit status of Little Star Foundation. Future Real Estate
Transfer Taxes and the City of Aspen's portion of property taxes might accrue to the City of
Aspen should the property be sold to a non-tax-exempt entity.
According to the Pitkin County Assessor's records, the current "actual value" of the subject
property is approximately $12,600,000. If this property were to be sold currently to a non-tax-
exempt entity, the estimated RETT's to be derived from such a sale would be approximately
$200,000+ each time the property were to be sold.
According to the Pitkin County Assessor's records, the current "assessed value" of the subject
property is approximately $3,655,000; if this property were to be sold currently to a non-tax
exempt entity, the estimated property tax loss to the City of Aspen would be approximately
$20,000 + each year.
FINANCIAL IMPLICATIONS: Currently, there would not be a significant revenue loss to the
City from de-annexation because of the non-profit status of Silver Lining Ranch. However, if
the property remained within city limits and if the property was sold to a non-tax exempt entity,
future Real Estate Transfer Taxes and the City of Aspen's portion of property taxes could be
received by the City of Aspen.
CITY MANAGER COMMENTS:
I
Apr 10 07 04;48p
Yanaris Nieves
760-436-6196
p.2
r
Ltttle Star
The City of Aspen
130 South Galena Slreet
Aspen, Colorado 81611
Re: Petition for Disconnection by Ordinance - LotS, Stillwater Ranch Subdivision, 1490
Ute Avenue, Aspen, Colorado
Dear Mayor K1anderud and Members of the City Council:
The little Star Foundation has submitted a Petition for Disconnection of its above-
referenced real property. The Petition was submitted on or about March 6, 2007 by our allorneys
Neiley & Alder and our planners Davis Horn, Incorporated. Please accept this letter as
confirmation that Uttle Star Foundation wishes to proceed with the Petition for Disconnection and
that our attorneys and planners are authorized to act on behalf of the Utlle Star Foundation in
connection with the Petition.
Thank you for your consideration of this matter.
Very truly yours,
LITTLE STAR FOUNDATION
., Sdw ~'"
Sister Andrea Jaeger
Little Star Foundation' 256 Rancho Milagro Way' Hesperus, Colorado 81316
800.543.6565 . www.littlestar.org.info@littlestaLorg
PETITION FOR DISCONNECTION BY ORDINANCE
(De-Annexation of a 6.487-Acre Parcel)
Before the Aspen City Council
Applicant:
Representatives:
Little Star Foundation
formerly known as Silver Lining Foundation
and Kids Stuff Foundation, Inc.
256 Milagro Way
Hesperus, CO 81326
Richard Y. Neiley, Jr.
Neiley & Alder, Attorneys
201 North Mill Street, Suite 102
Aspen, CO 81611
(970) 925-9393
Property:
Glen Horn
Davis Horn, Incorporated
215 South Monarch Street
Aspen, CO 81611
(970) 925-6587
Lot 5,
Stillwater Ranch Subdivision,
1490 Ute Avenue
City of Aspen,
County of Pitkin,
State of Colorado
PETITION FOR DISCONNECTION BY ORDINANCE
(De-Annexation)
I. INTRODUCTION
The Applicant Little Star Foundationl, through its founder Sister Andrea Jaeger
and its Board of Directors, seeks an Ordinance of the City of Aspen disconnecting its property
located at 1490 Ute Avenue from the City of Aspen. The procedure for this request is set forth in
the "Disconnection by Ordinance" statute, C.R.S. S 31-12-501, and is sometimes referred to as
"de-annexation."
In December of 1994, the Applicant received, as a charitable donation from
Fabienne Benedict, the real property that is the subject of this application. Mrs. Benedict
conveyed to the Applicant's predecessor Kids Stuff Foundation, Inc., by Bargain and Sale Deed,
the real property as a "charitable gift and donation" without limitation or condition. A copy of
the Bargain and Sale Deed is appended hereto. The Applicant was free to then sell the property,
develop it for charitable, non-profit purposes, or us it for any other purpose it deemed desirable.
The Applicant determined that the best use of the property gifted to it would be
the development of a facility for the care and treatment of children with cancer and their
families. After a lengthy planning process and extensive fund raising, the Applicant proceeded
through the City's annexation and rezoning process to establish its campus on the Stillwater
Ranch Subdivision property.
In 1997, the Applicant sought annexation into the City of Aspen for purposes of
developing a facility to pursue its charitable mission of providing health and related services to
children with cancer and their families. By Ordinance No. lC, Series of 1997, the Aspen City
Council approved the annexation. A copy of that Ordinance is appended hereto.
As part of the annexation process, the subject property was rezoned, in part to the
Academic Zone District and in part to the Conservation Zone District. The property was
designated as a specially planned area ("SPA"). The rezoning and SPA designation were
accomplished through a public hearing process resulting in approval of Ordinance No. 11, Series
of 1997, a copy of which is appended hereto.
Subsequent to rezoning and approval of the SPA plan, the Applicant constructed a
facility on the property which is comprised of approximately 18,000 square feet of improvements
I The Applicant's Foundation was initially incorporated in Colorado under the name Kids Stuff Foundation, Inc. As
the work of the Foundation evolved, the name was changed to Silver Lining Foundation to better reflect lhe
Foundation's work. The Foundation is now known as Little Star Foundation. Sister Andrea Jaeger describes the
Little Star Foundation name as follows, "There have been thousands upon thousands of children and families we
have had the honor to know and provide with love and help. Cancer has claimed the lives of so many children.
Families are in a constant state of grief, sorrow and loss. Out of respect to those families, we felt that the Little Star
Foundation name would be a wonderful tribute to the daughters and sons, sisters and brothers, friends and family
members that lost their lives to cancer and are missed every day, knowing that we all can look for a little star in the
sky and imagine that it is a child's heart and spirit shining on all of us."
Page 1 of 4
including residential, treatment, food service, recreational and other facilities. The Applicant
operated its non-profit facility for the benefit of children with cancer on the property until 2006.
During the approximate 7 years of operation, Applicant provided services to
thousands of children and their families. During that period of time, the Applicant has
established itself as the pre-eminent foundation for providing these unique services. The
Applicant, through the tireless efforts of its founder Sister Andrea Jaeger, has gained an
unparalleled national and international reputation for quality and compassionate care of children
with cancer and their families. However, over the course of its operations, Applicant has
realized that maintaining a facility at an altitude of approximately 8,000 feet above sea level, in a
city where the cost of services and employees is exceptionally high, and where the costs and
logistics of transportation are frequently challenging, was not the best and most efficient use of
the Foundation's resources.
Although the Applicant has concluded that continuing its operations in Aspen is
not the most economically efficient use of its resources and is not the best logistical location for
the children and families it serves, it remains dedicated to providing these services in the State of
Colorado, with all it has to offer.
In the spring of 2006, the Applicant relocated its facilities in southern Colorado,
southwest of Durango. The Applicant determined that the availability of recreational and related
activities at a lower elevation and lower costs of operation in the Durango area would enhance
the long-term sustainability of the Foundation's work. As a result, the Applicant has decided to
sell the property which is the subject of this application and utilize the funds generated from that
sale to support, continue and expand its charitable work.
The practical effect of "de-annexation" is that the subject property will revert to
the zoning applicable to the balance of the Stillwater Ranch Subdivision and will be subject to
the covenants of that Subdivision, the subdivision approvals and the jurisdiction of Pitkin
County. The property will revert to residential use and will be subject to the zoning and floor
area ratio restrictions generally applicable to the Stillwater Ranch Subdivision.
The Applicant has met with Pitkin County Planning staff and has engaged in a
work session with the Pitkin County Commissioners. A copy of Glen Horn's letter of November
14, 2006 to Cindy Houben of the Pitkin County Community Development Department
discussing the subdivision approvals for Stillwater Ranch Subdivision and the consequences of
de-annexation is appended hereto. The Applicant believes that Pitkin County will support this
application subject to a requirement that the Applicant proceed through a County zoning and site
plan review to insure that future development is consistent with the Stillwater Subdivision
development approvals.
The Applicant has contacted the Stillwater Ranch Homeowners Association and
has been advised that the Association supports this application. The subject property will be
reincorporated as a residential component of the Subdivision subject to the control of the
Association with respect to permitted uses and the extent and design of development.
Page 2 of 4
In summary, the Applicant has concluded that the campus it created for the care
and treatment of children with cancer is no longer viable in Aspen. Although the improvements
on the subj ect property are substantial, they are not suitable for residential use. The Applicant
anticipates that the improvements will be salvaged and recycled to the greatest extent possible
and that a new significantly smaller and less impactive residential use will be implemented on
the property. The Applicant, based upon advice of its advisors, has concluded that the highest
and best use for the property is for a single family residence of a size comparable to the other
residences in the Stillwater Ranch Subdivision. The sale of the property for that purpose will
generate funds to allow the Applicant to carry on its work with sick children and their families.
II. PROCEDURE
The Aspen Municipal Code contains no provisions related to disconnection or de-
annexation of properties. However, the Colorado statutes provide a mechanism whereby a
property owner can seek to have its property disconnected from the City. That statute reads as
follows:
31-12-501. Application - enactment - filing. When the owner
of a tract of land within and adjacent to the boundary of a city or
town desires to have said tract disconnected from such city or
town, such owner may apply to the governing body of such city or
town for the enactment of an ordinance disconnecting such tract of
land from such city or town. On receipt of such application, it is
the duty of such governing body to give due consideration to such
application, and, if such governing body is of the opinion that the
best interests of the city or town will not be prejudiced by the
disconnection of such tract, it shall enact an ordinance effecting
such disconnection. If such an ordinance is enacted, it shall be
immediately effective upon the required filing with the county
clerk and recorder to accomplish the disconnection, and two
certified copies thereof shall be filed by the clerk in the office of
the county clerk and recorder of the county in which said tract lies.
The county clerk and recorder shall file the second certified copy
with the division of local government in the department of local
affairs as provided by section 24-32-109, C.R.S.
The procedure to accomplish disconnection is simple and requires only the
adoption of an ordinance from the City Council following the required public hearing
disconnecting the subject property from the City of Aspen. As stated in the statute, a
disconnection ordinance shall be enacted if the City Council is of the opinion that the best
interests of the City of Aspen will not be prejudiced by the disconnection.
While the standard for disconnection obviously involves an element of discretion,
it is the Applicant's view that the reversion of the subject property to single-family residential
uses will not in any way prejudice the best interests of the City.
Page 3 of 4
III. CONCLUSION
The City initially approved the annexation, rezoning and SPA status in 1997
based upon a specific development proposal to create a facility to provide charitable services to
children with cancer and their families. Applicant's mission continues despite the fact that it has
determined that conducting its operations in a facility in Aspen is impractical. The result of
disconnection will be a reduction of impacts on the City and sUfTounding properties and,
specifically, a significant reduction in traffic volume on Ute Avenue.
A denial of this application would leave the Applicant in limbo regarding its
property. The Applicant is obligated as a non-profit, charitable foundation to seek the greatest
value it can for its property. This can best be achieved through disconnection and the subsequent
application of Pitkin County zoning and subdivision regulations. Applicant believes the sale of
its property for singe-family residential development offers the greatest opportunity to generate
funds that can be used to continue and expand the Foundation's charitable purposes.
Page 4 of 4
SCHEDULE OF ATTACHMENTS
1. Bargain and Sale Deed from Fabienne Benedict to Kids Stuff Foundation, Inc., dated
December 30, 1994
2. City of Aspen Ordinance No. lC, Series of 1997
3. City of Aspen Ordinance No. 11, Series of 1997
4. Letter with attachments from Davis Horn, Inc. to Cindy Houben, Pitkin County
Community Development Director, dated November 14, 2006
5. Letter from attorneys for Stillwater Ranch Open Space Association dated January 16,
2007
377685 B-771Zl
SILVIA DAVIS
P-B26 le/30/94 04t15P PG 1 OF Z
PITKIN COUNTY CLERK & RECORDER
E1:JUt.CJ1l:rv JLIID R.x.. nZBD
REC
10.00
DOC
"'.12'12'
DlOW ALL IDlIII' BY TEBBB PRBSBllTB.
TJU.'1' rOR :ABD AS A CJU\JlZ'1'ABLB GZlI"1' AND DOIl1'1'ZOIl, the
undersigned ~~.... BBKaDZCT (MDonor") hereby donates, se~1s and
conveys to K%D8' 8TUVY 70UBDaT%O., rBc., . co1orado Dot-ror-prorit
oorporation ("Donee"), whose address is P..O. Box 10970, Aspen,
Co1orado 81612, the fo1~owin9 real. property situate in the county
of Pitkin, state of co1orado, to wit:
Lot 5, Stil.~water Ranch Subdivision/PUD, according to the
Final. P1at thereof recorded December 30, 1994 in P1at
Book 3.>- a10 page a of 10he rea~ proper1Oy records of
Pitkin County, Co1orado, together with a perpetua1, non-
exc1usive eesement, right-of-way and joi.nt user right
a1.onq, within and beneath the exi.sting' road easement
between the ute Avenue CU1-0e-Sac and the out parce1i as
shown on said Final P~at (as said road easement was
created in the Deed recorded in Book 188 at paqe 82 or
the Pitkin County records), for purposes of access.
ingress and egress to Lot 5 and the insta11ation of
underground uti1ities serving 10t 5.
With al~ its appurtenances, subject to the fo1~owin9:
(a) In the event that Donee uti1izes pa~t of tbe existing
road easement between the ute Avenue CU1-De-Sao and the Out Parce~
~or purposes or access to Lot 5, Donee sha11 share equally with the
owner or the Out parce1 the costs and expenses of aaintaininq and
snow-p1owinq the portion of said access road actua11y used })y
Donee.
(b) Lot 5 and the road and utility easement are conveyed
hereby in an lias is" condition. subject to a~1 patent or 1atent
conditions or prob1ems of any kind or nature, and ~urth8r subject
to a~~ tit1e matters of record or othBrwise, specirica11y inc1udinq
without limitat~on:
(i)
recorded
'Book 380
Road easement and
in Book 188 at Page
at Page 425.
other matters described in Deed
82 and in instrument recorded in
(11) Al1 matters contained on the First Amended P1at of
the Stillwater Ranch Parcels recorded in Plat Book 33 at Page
34.
(~J. BOCC :Reeo~u1Oion No. 94--..:13:/ recorded in Book 7 :'0 a10
Page .
(iv) Al~ matters contained on the
Stil1~~ar Ranch Subdivision/PUO recorded in
Page "6.
Fina1 P1a~ of
P~at Book 3.1- at
377&85
8-770 P-B27 12/30/q4 0~;1~P DG 2
OF 2
(v) S~~ision Improvements Agreement recorded in Book
7.:J.J!. at page /.
(vi) Protective covenants for sti11water Ranch
Subdivision/POD recorded in Book 'J.N at Page 7M.
(vii) . Fisherman's Easement Aqreement recorded in Book ~O
at Page a;.
(V?i~
Page CT .
(ix)
and Donor
Grant of Uti1ity Easement recorded in Book 22! at
Water service Aqreement between the city of Aspen
recorded in Book72LL at page7~'
(0) In accordance with the provisions of Paragraph 3(C) of
the protective Covenants for sti11water Ranch Subdivision/POD, on
or before March 1, 1995, Donor is ob1igated to form a Homeowners'
Association to own, govern and .maintain the Open space parce1
depicted on the Final Plat of stil~water Ranch Subdivision/PUO.
The members of the Association will be the owners of the six (6)
Lots in stil~water Ranch Subdivision, and the Associat1on wi1l have
the power to levy ftnd co1lect qenaral and spec1al assessments on
such members :tor purposes or paying the costs and expenses of
owning, improvinq, maintaining, caring for and operating the open
Space parce1. By its acceptance of this Bargain and Sa18 Deed,
Done.e sha11 be deemed to have consented to and approved the
formation of,said Homeowners' Association, to have consented to
beinq a member thereof, and to have agreed to execute any and all
documents that may be required in connection with the formation
thereof'.
siqned and de1ivered this 30th day of December, 1994.
DONOR:
q4~~ /~LU"ud-
Fab enne Bened~ct
COUNTY OP PXTXXN
)
)
)
...
STATB OP COLOIlADO
The foregoing instrument was acknow1edged berore me this 30th
day of December, 1994, by Fabienne Benedict.
WITNESS my hand and off,i9-iM pal.
Ky commission expires:_...1/&/'1"5 --._~
\\\,'11....
..,,\ 0'\0 .....
~.~~....i.~.~'..... .....-..~...
(SEAL)
,
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J,4474.
2
I 11111I 1111I111111 11111 1I111111l1 111111 1\11111\ 11111..1
488113 11/23/11.7 11:37A ORDINANCE
1 of 3 R II.me D e.ee N e.ee PITKIN COUHTT CLERK
ORDINANCE NO. Ie
(Serie. of 1997)
AN ORDINANCE OF THE CITY COUNCIL OF TilE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE 'STILLWATER RANCH
SUBDMSION, LOT 5 PARCEL" ANNEXATION.
WHEREAS, on November 19, 1996, the owner uf the property proposed to be annexed
did tile with the City Clerk of the City of Aspen a Petilioll for Annexation of territory to the City
of Aspen; and
WHEREAS, the petition. including accompanying cnpies of un annexation map, has been
reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in *31-12-107, C.R,S.; and
WHEREAS. the owners of one hundred perctmt (llX)%) of the area proposed to be
annexed, exclusive of streets and alleys, have consented in writing to th.e armexation; and
WHEREAS, the City Council, by resolution (Number 6R, Series of 1996) at its regular
meeting on November 25, 1996, did find and determine sHitl Petition for Annexation to be in
substantial compliance with the provisions of ~31-12-107. C.R.S.; and
WHEREAS. the City Council, by resolution (Number 3, Series of 1997) at its regular.
meeting on January 13, 1997. did find and determine. following a public hearing. said Petition
for Annexation to be in substantial compliance with ** 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS. the City Council does bereby find and determine that approval of the
annexation of said territOry to be in the City's best interest;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
111111I1111111111111111111111I111111111 m 1IIIIIIIIIdl
4e!lll13 111123/1..7 U.37A ORDINANCE
2 of 3 R 1&.1111 D lI.eIl N 1I.1lI! PITKIN COUNTY CLERK
Sectinn 1 .
ThaI the tract of land dc...,....l:ril~, in [hlJ Petition for Annexation,
commonly referred to as the "Stillwater Ranch Suhdivisi,-1n, Lilt:; p;;u'co:r". and as shown on the
annexation map. is hereby annexed to Ihe City of Aspen, Colnr;lJu.
S~tinn 2.
The City Clerk of the City of Aspen is hereby directed as follows;
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of A:--pcn.
(b) To certify and file tWO copies of this anm:xatioll ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin. State of Colon,do.
(0) To request the Clerk and Recorder of Pitkin County 10 file one certified copy of
this annexation ordinance and of the annexation map witb th~ Divisiun of Local Government of
the Department of Local Affairs, State of Colorado.
Section 3.
The City Engineer of tIre City of Aspen is hereby directed to
amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to
this annexation ordinance.
Section 4.
That if any section, subsection, sentence, clause. phrase or portion
of this ordinance is for any reason held invalid or unconstitutional in a court of competent
jurisdiction, such portion shall be deemed "a separ.t"~, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
~ec:tion 5.
That this ordinance shall not have any cflect on existing litigation
and shaU not operate as an abatement of anya~_UonJJ1",_pr~eedin8.n()w pending under or by
virtue of the ordinances amended as herein provided. and the same shall' be construed and
concluded under such prior ordinances.
2
11111II111II1111111l1111l1l1ll1l11111111ll1111111U 1"1
4.5.13 ../23/1117 11.37A ORDINANCE
3 or 3 AI.... D.... N .... PITKIN COUNTY CUEAK
A public hearing on the ordinance shall he held on the d day of ~ ' 1997,
in Ihe City Council Chambers. Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by Ihe City
",/1 y;.
Council oflhe City of Aspen on Ihe # day of .' >'LdA..(j'~ ,1997.
~ 17..- -.:;!iIl
John. S. Bennett, Mayor
A TrEST:
~-~~~<-
Kathryn S. , City Clerk
FINALLY adopted, pa),epj~ ~p~rq:-,~!!,~,~~ /;/. day of
~"'I" . /"
, ...;,i..1/l" -,1997.. . <
.. '. r . ,I t t' I
t'~!I';,,'. :~U.; ~ '3~
. 7 1'1'" . /.
".J'l .",1
John'S. 'ennen, Mayor
ATTEST;
~~
illllwller.ON
,
111111I1111I11111\ 11111111111I1\1 11I11111I1111111111111
4_14 ./23/1l1l17 U:41A ORDI_
1 of 11 R 5B.ee De." N e.ee PXTKXN COUNTY CLERK
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUAUFINAL SPECIALLY PLANNED AJUlA (SPA)
DEVELOPMENT PLAN AND TO REZONE LOT 5 OF THE STILLWATER RANCH TO TBE
ACADEMIC (A) AND CONSERVATION (C) ZONE DlSTIUCI'S, AND TO GRANT A GMQS
EXEMPTION FOR A NON-PROFIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBUC FACILITY
ORDINANCE No.....1.1-. SERIES OF 1997
WHEREAS, the owner of Lot 5 of the Stillwater Runch Subdivision, Kids Stuff Foundation.
(hereafter "Applicant') submitted an application (hereafter "Plan'") to the Community Development
Department to rezone to the Academic and Conservation zone districts and to designate the property as a
Specially Planned Area (SPA); and
VVIIEREAS, the Applicant has also requested approval of ~ GMQS Exemption to recogni~ the
Foundation as a nonprofit entity quaHf}-ing as an essential public facility pursuant to Section
26.100.050(C)(2)(a)((3)) of the Aspen Municip~l Code; and
WHEREAS, Lot S of the Stillwater Subdivision contains approximately 6.457 acres locatcd in
Pitkin County. immediately adjacent to the City of Aspen. in the AFR.2 zone district; and
WHEREAS, the City. Council. by Resolution No. 68, Series of 1996 and Resolution"No. 3. Series
of 1997, at its regular meetings on November 19. 1996 nnd January 13. 1997, respectively. did find the
subject parcel to be eligiblo for annexation. mceting the provisions of the Municipal Annexation Act of
1965; and
WHEREAS, the Planning and Zoning Commission reviewed 'the Plan ~n accordance with those
procedUres set forth at Sections 26.92.020 and 26.80.030(A) and (B) of the Aspen Municipal Code and did
cOl!ouct p!1blic hearings thereon on Ma~h 4. 1997 and March 11. '997; and
"
~REAS. upon review and consideration of the Plan, agency and public comment thereon. and
those applicable stand:ards as contained in Chapter 26 of the Aspen Municipal Code. to wit, Section
26.92.020 (Text and Map Amendment.) and Section 26.80.040(6) (Development in a Specially Planned
111111I1111I11111111111111111I11111111111I11111 11111111
411114I14 1IlI/2:t/l'" 1l.UR OIIDllllNCE
2 0' 11 R ea.1I11 D 11.11II N 11.1111 Pl~IN COUNTY CLERK
Area), the Planning and Zoning Commission recommended approvnl oftlle Final SPA Development Plan
and the proposed map amendment by II vote of 5-0. and
WHEREAS, pursuant to Resolution 97-04, the Planning .lnd Zonillg Cl)mmission further granted
Special Review approval for parking and Conditional Use Rcview approval for dormitory housing, a health
care facility and a dining hall in the Academic zone district, and a swimming pool in the Conservation zone
district; and
WHEREAS, pursuant to Resolution 97-04. the Planning and Zoning Commission further granted
8040 Greenline Review and Stream Margin Review approvals; and
WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable
provisions of the Municipal Code as identified herein. has reviewed and considered those rccommondatiomJ
and approvals as granted by the Planning and Zoning c.ommission tll Resolution 97-04, and has taken and
considenxt'pubJic comment at a public hearing; and
WHEREAS, the City Council finds that the Kids StuffFoundatioll is a unique institution which
enhances our community. and that designating the property as a Specially Planned Area benefits the city's
residents and visitors by allowing flexibility to accommodate the. variety of proposed uses; Bnd
WHEREAS, the City Council fmds that the proposed uses a[ the upper bench (described as ....The
West Part of Lot S" in Exhibit "An) ofLat 5 of the Stillwater Ranch Subdivision are consistent with the
purpose of the Academic zone district Uto establish lands for education and cultural activities with attendant
research. housing and administrative facilities"; and
WHEREAS, the City Council finds that the proposed uses at the lower bench (described as "The
East Part of Lot 5~' in Exhibit "'AU) of Lot 5 of the Stillwater Ranch Subdivision are consistent with tbe
purpose of the Conservation zone district "to provide areas ofJow density development to enhance public
recreation. consecvc natural resources. encourage the production of crops and animals. and to contain urban
development"; and
2
U!~41!I/g~!I!I'I)!!!J"I!1U!1111I111II1111
3 ., 11 . ,.... D e.e. N .... ~ITKIN COUNTY CLERk
WHEREAS, the City Council finds that propOsed housing units will be deed-restricted in
accordance with the housing guidelines~ are compatible with surrounding uses and will have a mini~al
impact on the land; and
WHEREAS. the City Council finds that the proposed use qualifies for a GMQS Exemption as a
nonprofit entity pursuant to Section 26.100.050(C)(2)(aXP)) of the Municipal Code; and
WHEREAS, the City Council finds that the Plan is consistent with the goals and elements of the
Aspen Area Community Plan and with the public welfare and the purposes and intent of Chapter 26 of the
Municipal <;:ode.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1- Pursuant to Section 26.92.020 (Standards of Review) afthe Aspen Municipal Code, the City
Council finds as follows in regard to the proposed map amendments:
I. The proposed amendments are not in ~onf1ict with the provisions of Chapter 26 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed amendments arc compatible with surrounding zone districts and land uses. and will
have 8 minima.l impact on the natural environment.
3. The proposed amendments will promote the public interest and character of the City of Aspen.
S~tion 2; Pursuant to Section 26.92 ofthc Aspen Municipal Code. the City of Aspen Zone District Map is
hereby amended to rezone the upper bench afLot 5 of the StillwatCT Ranch Subdivision. described in
Exhibit "A" as "The West Part of Lot 5," to the Academic zone district with a Specially Planned Area
(SPA) Overlay, and the lowcrbench of Lot 5 of the Stillwa1.erRanch Subdivision,described in Exhibit "An
as uThe East Part of Lot 5:' to the Conservation zone district with a Specially Planned Area (SPA) Overlay.
The legal description is attached as Exhibit ""A.'"
3
111111I1111I11111111111111111I11111I11111I1111I11111111
4H814 ./23/1887 11, 48A OlIDlNANCI!
4 .f 11 R 58.ee D e.OD N e.eD PITKIN COUNTY CLERK
~("tlnn 3: Pursuant to Section 26. t OO:OSO(C)(2Xn)((3)) of the Aspen Municipal Code. the Kids. Stuff
Foundation .is hereby granted a GMQS Ex.emption as a Ilonproiit entity qualifying as an eS5Cntial public
facility.
~~ttnn 4: Pursuant to the findings set forth in Section t above, the City Council's approval of the Plan is
subject to City Council approval of the Petition for Annexation by duly enacted Ordinance annexing the
subject property to the City of Aspen, and is subject to the followillg conditior~s:
1. Tho applicant and the City Council shall enter into an SPA agreement hinding the real property
to any conditions placed on the development order approving the finnl development plan.
2. The final development plan. which shall consist of the site plan oftbc entire site; site
imp-Tovement survey of the aroa being developed, including building footprints. utilities,
easements, and landscaping~ building elc:vations; and tbe Specially Planned Area (SPA)
agreement. shall be recorded in the office of the Pitkin Coun1y Clerk and Recorder. and shall be
binding upon the property owners subject to the development order. their successors and assigns,
and shall constitute the development regulations for the property. Development ofilie property
shall be limited to the uses~ density. configuration, and 0.11 other elements and conditions set forth
on the final development plan and SPA BgfClement. Failure on the port of the applicant to record
the final development plan and SPA agreement within B period of Oll~ hundTCd and eighty (180)
days fonowing its approval by City Council shall render the plan invalid. Reconsideration of the
fina.l development plan and SPA agreement by the C01ntnission and City Council will be
required before i1S acceptance and recording.
3. The final development plan shall be recorded prior to submission of any building permits for the
proposed housing units.
4. All conditions imposed by the Planning Bnd Zoning Commission's March 11, 1997 Conditional
Use, Special Review, 8040 Greenlinc, and Stream Margin Review approvals, as outlined in
Rosolution 97.04, shall carry forward as conditions of the City Council approvals grantod
pursuant to this Ordinance.
S. No construction or building permits shall be issued until the parcel hllS been finally annexed into
the City of Aspen.
6. All material representations made by the applicant in the application and during public hearings
shall be adhered to and considered conditions of approval. unless otherwise amended.
Section ~; This Ordinan"e s~aJl 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 repeated or amended as herem
provided, and the same shall be conducted and concluded under such prior ordinances.
4
I lllllllllllllllll 11111 1I1111l111 11I111 III 11111 11Il1111
4esa14 81/23/1117 11.41A ORDINANCE
!I of 11 R !Ill... 0 ..llll N 8.1!lII PIT1(IN COUNTY CLElIK
Reetlon 6: If any :iedillll. sunscclj, 1\1, S(m1enc~. clallsc:. phrll~. 01" portion of this Ordinance is for any
reason held invalid 01' ul1constitutiomtl in.a court of comp.'.to.mljurisdiction. such portion shall be deemed a
separate, distinct and independenl provision 8m) shull not ntlect the validity of the remaining portions
'thereof.
SP.ctlnn 7: A public l1enring on lhe (In..linunCt' wos held ()Il the 141h day of April, 1997. at 5:00 p.m. in the
City Council Chambl..!fs. Aspen Cily Hall. Aspen (,~lIorado, nft~n (15) days prior to which hearing a public
notice of the same wus puhlished in a newspaper or gl;ncml circulntion within the City of Aspen.
Seefion 8: This OrdiJlunc~ shall O(,t becume l.."fJectivc unless and until the City Council approves the
Petition fOT Annexation by duly CIH1Cled Ordinance annexing the subject property to the City of Aspen.
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
cQ---\ ~
Community Development Director
INTRODUCE I), READ AND ORDERED PUBLISHED as provided by law, by the City
"-
Council ofthc City of Aspen 011 th~.2..y: day of -Z2?~d.~_l!.A s 1997.
..- t.
~,"',,"'( .......
lv,'"
, A t:E:
-
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~t~MaYOr
, "lCatli[W1 S.
, ,
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I", ;.
.1
'J~,..jTill."
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"'K.alll~ S. K
FINALLY adopted. pussed and approved 'his /1_ day o~ 1997.
~ :2 ._ ~.
{7.A_--. /I
John BeJ letls Mayor
~,&
City Clerk
.~~'i".
5
3...14-1997 4~gIPr,1
FROM PAPER CHASE/PAGES 97096387iGll2l
\Oli;V'..Atlc.Ef....'1.19?'tl
'I Exltl8"\~.
111111I1111I1111111111111111011111111111I1111111111111
_14 1IllI/23I1N7 U._ OIlDIIIAHCE
I of U R 1IllI." D.... N .... !'ITKIN cOUIln CLEIlK
Alpino Surveys, Inc.
Post Office Box 1730
~pen, Co~~o 81612
970 925 2688
MARCH 14, 1997
JOB NO. 97-1 KIDS STUP~ FOUNDATION
LE~AL DESCRXPTXONS FOR RE-ZONXN~ OP
LOT S. STILLWATER RANCH/P.U.D.
DESCRIPTION OF THE WEST PART OF LOT 5
THe WEST PART OF LOT 5, STILLWATER RANCH SUBDIVISIONI
P.U.D., PITKIN COUNTY, COLORADO.MORE PARTICU~RLY
DESCRXBEP AS FOLLOWS.
BEGINNING:.,AT THE .WEST : CORNER "01" SAIO LOT 5,
THENCE SOUTH 84001'42" EAST 199.73 FEET:
THENCE NORTH 09924'26" EAST 417.59 FEET;
THENCE SOUTH 89013'19" EAST 28.00 FEET;
THENCE SOUTH 51015'00" EAST 65.00 FEET,
THENCE SOUTH 36030'00" EAST 132.26 !'EET,
THENCE SOUTH 327.32 FEET,
THENCE NORTH 77015'00" WEST 90.00 FEET;
THENCE SOUTH 18047'00. WEST 246.66 FEET,
THENCE NORTH 30014'46" WEST 192.41 FEET,
THENCE 153.02 PEET ALONG THE ARC O!' A NON-TANGENT CURVE
TO THE LEFT HA~NG A 'RADIUS 01" 60.00 FERT AND
WHOSE CHORD BEARS NORTH 48003'50" WEST 114.80
FEET'
THENCE NORTH 55'45'00" WEST 45.46 FEET'
THENCE NORTII 52022'39" WEST 46_93 FEET TO TIU; POINT
OF BEGINNXNG;
CONTAINING 2.562 ACRES. MORE OR LESS.
DESCRIPTION OF THE EAST PART OF LOT 5
THE EAST PART OP LOT 5, STILLWATER RANCH SUBDIVISIONI
P.U.D., PITKIN COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5,
THENCE SOUTH 00'09'3'" WEST 169.98 ~EET,
THENCE SOUTH 32-27'17" EAST 73.71 F2ET;
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMlSSION
GRANTING APPROVAL FOR CONDITIONAL USES IN THE ACADEMIC (A) AND
CONSERVATION (C) ZONE DISTRICTS, SPECIAL REV\EWOF PARKING REQUIREMENTS.
8040 GREENLINE REVIEW, AND STREAM MARGIN REVlEW FOR THE K1DS'STUFF
FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER RANCH
SUBDIVISION. AND RECOMMENDING AFPROV AL OF REZONING AND
CONCEPTUALlFINAL SPECIALLY PLANNED AREA (SPA> DEVI!:LOPMENT PLAN FOR THE
KfDS STUFF FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER
RANCH SUBDIVISION,
CITY OF ASPEN
Resolution 97~
WHEREAS, The Community Development Department received an application from The Kids
Stuff Foundation. for Conditional Use Review for dormitory housing. a health care facility and a dining
hall in th,c Academic zone district and for a swimming pool in the Conse......tion zone distriCt; Special
Rcview for parlcinl requirements in the Academic zone distrIct; 8040 Orcenlino Review: Stream Margin
Review; Rezoning; 8J1d. ConceptuaVFinal Specially Planned Area (SPA) Review; and
WHEREAS, Pursuant to Section 26.60.040 arthc Aspen Municlpal Code. Conditional Uses may
be approved by the Planning and Zoning Commission; pursuant to Section 26.64.040 of the Aspen
Municipal Code. parking requirements in the Academic wne district may be approved by the Planning and
Zoning Commission through Special Review; pursuant to Section 26.68.030 of the Aspen Muni.cipal
Code, 8040 Grecnline Reviews may be approved by the Planning and Zoning Commission; and pursuant
to Section 26.68.040 of the Aspen Municipal Code, Stream. Margin Reviews may be approved by the
Planntng and Zoning Commlssion; and
WHEREAS. Pursuant to Section 26_92.020 of the Aspen Municipal Code. the Planning and
Zoning Commission shall make 1!I recommendation to the City Council re&ardin&: requests to amend the
Official Zone District Map: and pursuant to Section 26.80.030 of the Aspen Municipal Code, the Planning
and Zoning Commission shall make a recommendation to the City Council regarding ConceptUa1/Final
Specially Planned Area (SPA) Development Planprcposals;. and
WHEREAS. the Housing Office. City Engineerina. Parks Department. Aspen Consolidated
Sanitalion District, Environmental Health Department and Community Development. Department Teviewed
the proposals and recommended approval of each with conditions; and
WHEREAS. the above referenced application was legally noticed for a public hearing; and.
WHEREAS, during the public hearing as: a continued meetin& on March 11.1997. the Planning
and Zoning Commission approved by. S~O vote the Conditional Uses with conditions, the Special Review
with conditions. the 8040 Greenline Review witlt conditions, and the Stream Mar&in Rc'View with
conditions; and.
WHEREAs.. during a public hearing at II. continucd meeting on March II, 1997, the Planning and.
Zoning Commission recommended approval by a :5.0 vote of the request to amend the Official Zone
District Map and the ConceptullVFinal Specildly Planned Area (SPA) Development Phm proposal.
NOW. THEREFORE BE IT RESOLVED by the Commission:
11111111111I11111111111111111.1111I1111111111I11111111
48111114 MlZa/lln U.48A 0IlD1_
7 .f U II D.... D'." " '.'1 PITlCIN COUNTY CLEItK
A. Conditional Use:
That the Conditional Use for donnitory hou&ing~ a health care facility and a dining hall io the Academic
(A) zone district, and a swimming pool in the Conservation (C) wne district at Kids Stuff Foundation on
Lot S oftbe StUlwatcr Ranch Subdivision is appro....ed with the following conditions:
1. Prior to the issuance of any building permits the applicant shall:
a) lnstaJl ,any new surface utilities requiring a pcde.stal or other above ground equipment on
an easement provided by the property owner and not within the public riahts-of-way;
b) Locate any ad.ditionol proposed construction in swch a way that it does not encroach into
an existing utility'casement or public right.of.wo.y;
c) Agree to join any future improvement district(s) which may be fonned for the purpose of
constructing improvements in adjacent pUblic rights-of-way; the agreement shall be executed
and recorded concurrently upon approval ofthis application;
d) Submit a "Site Improvement Survey" to the Engineering Department;
e) Indicate all utility meter locations and traSh containment areas on final development
plans;
f) Ensure that the project mee~$ all runoff design standards of Section 26.88.040(CX4)(f)
with the building permit'application. and provide a drain8&c report and mitigation plan signed
and stamped by an engineer registered in the' State of Colorado;
g) Submit D pcnnanent erosion control plan and a temporary sediment control plan and
containment plan (01' the construction phase; and
h) Needles and other contaminated items will need to be handled as medical waste and the
operator will need. to contract with il mcdical waste pick up hauler to properly dispose of thesc
items.
2. Prior to the issuance of a Certificate of Occupancy (CO). the applicant shall:
a) Submil' 85~built drawings of the project showing property lines, building footprint.
casements. any encroachmentS, entry points for utlUties entering tbe propertY boundaric.s and
any other improvements to the AspenIPitkin County Data Processing Department in accordance
with City cas requirements, if and when. any exterior renovation or remodeling of the property
. occurs that requires a building permit:
b) Permit Community Development Department and Housing Office staff to inspect the
property to derennine compliance with the condlt~ons of approval;
c) Be required to sig.n II sidewalk, curb Bnd gutter a&;rcement with the City;
d) Increase the width of the access easement through the property to twenty (20) feet in
order to meet emergency Access width requirements, and emcrg.ency access to the new buUdini
must be twenty (20) feet wide. Tht is, tllc drivlna surfacc must be twenty (20) feet wide and
must be cle.-cd of snow for the full width. A dedicated tlre engine turn around that will remain
free of parked can, meeting Fire Marshal requirements, must be provided;
e) Pave the driveway; I1nd.
f) The Environmental Health Oepartment shall approve both plans and specifications of all
food s.crvice faeilitie.s. A mmtmum of two (2) weeks shall be necessary for the Department to
review and approve plans. Also, final appronl from the Environmental HeIllth OeplUUnent is
required before opening for business. and prior to issuance ora Colorado Food Service l.icense.
111111I1111111111111111111111I11111I11111I1111111111111
4_14 ./U/III7 "",4M OIlDIIA1C1!
. 0' II R sa.1e D.... N ..Ie PITKIN COUNTY CLERK
3. Also prior La issuance of any building permits. the applicant shall consult with elly departments
re&arding the foUo~ng: .
a) City Engineering for design of Improvements. including landscaping. within public
righlS-of-way;
b) Paries Department fot tree removal. landscaping. and selection. of vegetative species. as
well as provisions for trail easements and fencing design:
c) City Streets Depamnent for street improvements, ","d shall obtain pennits for any work:
or ctcvelopment. including landscaping, within public: rights-of-way; and,
d) Aspen Consolidated SlUlitation District and the Department of Environmental Health for
dr'Binage provisions for the swimming pool. grease and oil interceptor provision3 for the
kitchcn. oil and sand interceptor provisions for the garage, and blood borne .and hazardous
waste disposal provisions for the mcdical :luite.
4. Prior to the issoBnce of any building pennits, a revicw of any proposed minor changes from the
approvals. as set fort.h berein. shall be made by the Planning and Engincering Departments, or
refcrred back to the PIDlUling and Zoning Commission. .
S. One (I) year after the commencement of opcTlltlon, an employment audit shall be conducted by
the Houstn&; Department.. The permanent staff' units shall be deed restricted with priority for we
of these units to personnel of the Foundation. Md categorized as to those employees residing In
the units (Category I, 2. or 3; but Category 4 for the two-bedroom. lower-level unit).
6. Deliveries to the facility for all services (Le.. food, medical supplies, etc.) sball be Hmited to thc
hours between 6:00 a.m. and 7:00 p.rn.. and consolidation of deliveries will be implementcd to the
maximum extent practicable.
? AU material representations. made by the applicant in this application and during public meetings
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions
of approval. unless otherwise amended by a Board/Commission having authority to do so.
B. Special Review:
That the Special Review for off.street parking requirements in the Academic (A) zone district at Kids Stuff
Foundation on Lot S oCthe SliIlwater Ranch Subdivision requiring threo (3) aaraged parking spaces for
vans and IC.n outdoor parklng spaces meets the standards of' Secdon 26.64.040(8) of the Aspen Municipal
Code lInd is approved with tho following conditions:
I. One (1) year after commencement of the facility's operation, D. parking audit/study be conducted
by the applicant and submitted to the Communi~ Development Department for ",view. If"the
findings Indicate that the provided parking is not adequate. mitigation will need to be proposed by
the appUcant and approved by the Commission pursuant to Special Review in accordance with
Section 26.64.040(8) of the Munh:ipill Codc.
2. All material representations made by the applicant in this application and durlng public meetings
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions
or approval, unless otherwise amended by a BoarcVCommission having authority to do so.
C. 8040 Greenlin Review:
That the 8040 Greenline Review for the Kids Stuff FooDdationdcvelopmcnt proposal on Lot 5 of the
Stillwater Ranch Subdivision meets th~ standards of Section 26.68.030 of the Aspen Municipal Code and is
approved with the foHowing conditions:
111111I1111I1111111111111111011111I11111I1111111111111
_1.4 _/D/I...., 1.1.,_ 01101_
. .f 1.1. II H." D II." Nil." I'XTlCIN COIIITY CLEIlK
I. Regarding the horse facilities:
a) Careful housekeeping and cleanup of aU areas shall occur on a regular. daily b8$is;
b) Runoff through this arcashall be controlled by crreating diversion swales to keep runoff from
the stable area from travelina of'fthe property or lnto nearby rivers;
c) One (I) year after comm.enceme~t of ~he facility's operation. a horse population and water
quality audit/study shan be conducted by the appJicant and submitted to the Community
Development Department for review. If the f'"uld1ngs indicate that the waler quality is below
acceptable levels. a fifty (50) foot buffer from areas that could be easily contaminated. such
il$ the river. IOo..ye1U' flood plain and wetlands. will be implemented and majntained to
protect riparian vegetation, alluvial soils and groundwater and surface water,
d) An evaluation shall be done to detcnnine the "carrying capacity" of the area for horses as
compared 10 land area available;
e) If concerns arise, the AspcnlPilk.in Environmental Health Department reserves the right to
require water quality sampling at the owner's expense;
2. Prior 10 issuance of an)' building penni~ or use of the facility, the applicant shall provide proof to
the AspenlPitkin Environmental Health Department that proposed mitigation measures are
sufficient to offset increases in PM 10 and traffic CAused by the project;
3. At least thirty (3D) days prior to issuance ofa building pcnnit. the plans and specifications
complete wilh piping layout, equipment and mechanical specifications along wi.th desIgn
calculations. shall be :submitted for review and approval by the AspenlPitkin Environmental
Health Department;
4. All material repl'escntations made by the applicant in this application and during public mectinas
with the Planning and Zoning Commission shall be adhered to and shall be considered conditions
of approval. unless otherwise amended by a Board/Commjssion having authority to do so.
D. Stream Margin Review:
That the Stream Margin Revjew for the Kids SruffFouncllltion development proposal on LoI' of the
StiUwBter Ranch SUbdivision meets the standards or Section 26.68.040 of the A!ipen Munici.pal Code and is
approved. with the following conditions:
I. The appUcant shall work with Ihe Parks Department to design a fence around the stable with. rail.
logs that arc capable of bein& dismantled to allow debris associated. with flood waters to pass-
through the propenyi
2. The proposed location of the !iwimming pool and horse stable be moved to at least fifteen (IS)
from the edge of the top of slope. as determined by the Aspen Engineering Department. All
portions oC aU structures/construction must fall within Ihe approved building envelope;
3. If any outdoor lighting is proposed. said Iighdna; shall be low.and downcast with. no light(s)
directed toward the river or located down the slope. Any DIld all outdoor lighting ~iIl feature
down-direc:tional and sharp cut-off fixtures:
4. A plat documenting the approved building envelope as _related to surveyed infonnation shall be
submitted to and. approved by the Aliipen En&:incering; Department. This plat shall include revised
site seelions meeting the standard set forth by Section 26.68.040(8)( 10). and shall be recorded
within 180 dc.ys ofstTcam margin review approval;
111I1II111II11I1111I111 111111I11111I11111I111111 I1IIIII
_14 M/U/l.., 11.411I 01101_
18 .f 11 II M." D'.. " '.11 PITKIN COUNTY CLER
111111I1111I11111111111111111I11111I111111'1I11111111111
_14 "/23/188'7 U,4_ 0lID1_
U .f U II ".ee D e.1I8 N e.1I ,.ITKIN COUNTY CLER
S. All material representations made b~' the applicant in this application and during public mcctinp
with the Planning and Zotl.lng Commission shall be adhered to and shall be considered conditions
of approval. unless otherwise amended by a BoardfCcmmission havina authority to do so.
E. Rczonina.:
That a recommendation to approve the rezoning as requested by the applicant. provided the ann~ation
request is approved. is forwarded to the City Council. That is. the Commission recommends to Council
that the subject parcel be zoned Academic (A) on the upper bench, Conservation ee) on the lower bench.
and Spcc;ially Planned Area (SPA) overlaying the entire parceL subject to both the dimensional
requirements adopted by Council through the approval of's Specially Planned Area and the parking
l'equircments adopted by the Commission through the approval, with two (2) conditions, of the Special
Review request.
F. Specially Planned Area;
That the Commission recommends that Council designate Lot 5 of the Stillwater Ranch as a Specially
Planned Area (SPA) and allow for the consolJdation of eonceptualand final SPA review. The Commission
further recommends that Council accept the following dimensional requirements for the Academic (A)
zone district portion ~fthc SPA:
l. Minimum Lot Size: 6 llCres
2. MiDimum Lot Area Per DwcUing Unit; 1.5 acre pcr unit
3. Minimum Lot Width: 200 feet
4. Minimum Front Yard: 30 feet
S. Minimum Side Yard: 20 fcet
6. Minimum Rear Yard: 20 feet
7. Maximum Height: 28' to the mld.polnt of the roof, as measured on all sides of the building.
except for the east elevation. which shall notcx:ceed 32.S' to the mid.point.
8. Minimum Distanco Betwocn Principal and Accessory Buildings: No requirement. except that
required by building codl:.
9. Percent of Open Space Required for Building Site: 30 percent
10. External Floor Arca Rado: Floor arca shall not exceed 14,000 square feet
1 I. Internal Floor Area Ratio: No requirement.
In addition, the Commission .-ccommcnds th~at Council finds that the pro)>O$Cd SPA meets all applicable
standards (1~8) of Section 26.80.040{Bl..1}11d. Quid be approved with the conc1ition that an SPA plat
ahlll1 be approved by the Engineer\J1& ~jWUJle corded within 180 days final SPA approval.
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That this Resolution shall no~ b~~'OJI{Ia ~ffd:rl'Y~16~atrd until' the City Council approves the
Petition for Annexation by duly erf~(ij'ic~rf.Cing tbe subj~t property to the City of
As . f {",.....
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Ail material representations made by the ap~i'~~4is application and during public meetinga
with the Planning and Zoning Commission shall ~fl'cd to and shall be considered conditions
of approval. unless otherwise amended by a Board/Commission having authority to do so.
t.
2.
APPROVED by the Commis~ion at its continued meeting on March II. 1991.
Attest:
Planning and Zoning Commission:
~. -",Yatcf/M-/
arB Garton. Chairperson
7/lal-d /-Y', /9y:r
DavisHom~<;.
PLANNING &. REAL ESTATE CONSUlTING
November 14,2006
Cindy Houben
Pitkin County Community Development Director
13 0 South Galena Street
Aspen, CO. 81611
RE: Silver Lining Ranch, Stillwater Ranch Lot 5
Dear Cindy:
The Kids First Foundation has moved the Silver Lining Ranch to southwest Colorado and is
selling the Aspen property where the Ranch has been operating since it was built in 1999. The
Silver Lining Ranch is a facility which assists children with cancer. The Foundation found that
cancer patients who visited the Aspen facility had difficulty adjusting to the altitude in Aspen. It
is also far more affordable to operate the Ranch in southwest Colorado.
Davis Horn [nc has been hired to research the existing development approvals for the property,
Stillwater Ranch Lot 5, for potential future owners. Of particular interest is the possibility of
"disconnecting" the property from the City of Aspen and again becoming a part of
unincorporated Pitkin County under the existing Stillwater Ranch approvals which applied to the
property prior to annexation into the City of Aspen in 1997 . We therefore are providing you this
summary of land use actions and approvals related to the property in hopes of returning to these
original Pitkin County approvals.
Stillwater Ranch Subdivision is a Pitkin County subdivision which contains six lots plus an open
space parcel. The Subdivision was approved by the Board of County Commissioners pursuant to
Resolution 94-223 on December 20, 1994 and is recorded at Book 770, Page 783 of the County
records. The Final Plat for the Subdivision is recorded at Plat Book 35, Page 86. Five Growth
Management Quota System allotments were granted for five of the six lots pursuant to BOCC
Resolution 94-125. The fathering parcel is Lot 6 which had an existing house (Fritz and Fabi
Benedict's house) and did not need a GMQS allocation. (See Attachments 1,2 and 3 for
Resolution 94-233, the recorded plat and Resolution 94-125.) :
The six lots in Stillwater Ranch Subdivision include the following:
Lot I: Approved as a free market lot at general submission; ultimately donated by the Benedicts
as an affordable housing lot since the project was one GMQS allotment short after the
first competition. This avoided going to a second year of GMQS competition the
following year. At first Lot I was to be sold as a free market lot with funds going to the
affordable housing program, but later approvals were obtained for an affordable housing
project which is now built and occupied.
ALICE DAVIS AICP I GLENN HORN AICP
215 50UTHMONARCHST.. SUITE 104'A5PEN,COLORAD081611 '970/925-6587'FAX:970/925-5180
adavis@rof.net ghorn@rof.net
Lot 2: Free market lot, now developed with a 9,701 * square foot house owned by Frederic
Home* ;
Lot 3: Free market lot, now developed with a 9,809* square foot house owned by Thomas
Reagan *;
Lot 4: Free market lot; under construction; major plat amendment approved to shift and enlarge
the approved existing principal building envelope, to establish an accessory building
envelope and to amend the floor area for the lot to allow for a day-lighted basement. (See
BOCC Resolution # 124-2004 in Attachment 4.) This lot is owned by Charles R. Bellock
and is approved for 11,250 aggregate square feet: 8,600 square feet with 2100 sf on the
lower level, a maximum of 1,900 square feet exempt sub-grade square feet and a 750
square foot exempt garage.
Lot 5: The subject property was originally approved as a free market lot and was granted a
GMQS allotment through BOCC Resolution 94-125. The Kid's First Foundation (Silver
Lining Ranch) was the beneficiary of the gift of Lot 5 by the Benedict family for use as
the Silver Lining Ranch. After the gift, the property was annexed into the City of Aspen
through City of Aspen Ordinance No. 11 of 1997 and Resolution 97-04, both approved in
March, of 1997. (See Attachment 5 for these documents.) These documents granted
approval of the annexation, a rezoning from AFR-2 to Academic (A) / Conservation
(C)SP A; a GMQS exemption for development associated with a non-profit entity,
consolidated Conceptual and Final SPA Review, Conditional Use Review and Special
Review. All approvals were granted in order to develop and operate the Silver Lining
Ranch. The facility has 18,000 square feet including several affordable housing units.
Lot 6: The former home of Fritz and Fabi Benedict and the fathering parcel of the subdivision,
now owned by Peter and Julie Gerson.
* Square footage and owners are per Pitkin County Assessor.
The Pitkin County approvals for Stillwater Ranch Subdivision are for four free market bedrooms
per lot plus additional free market bedrooms with further affordable housing mitigation. The
approvals for the first four bedrooms require an above grade, deed restricted one-bedroom
affordable housing unit to be located within the approved building envelop~. More bedrooms
would require approval for more affordable bedrooms or cash in lieu. As shown above in the
previous individual lot discussions, much larger homes with more than four bedrooms are typical
for the Subdivision. The subject property is developed with 15 bedrooms in 18,000 square feet.
Prior to the development of the Stillwater Ranch Subdivision, Stillwater Ranch Parcels was
subdivided into three parcels by state legislation which allowed subdivision of land over 36 acres
in size. Stillwater Ranch Parcels include Parcel One, with 52 acres that was subdivided into six
lots plus the open space parcel in the Stillwater Ranch Subdivision, and Parcels Two and Parcel
-2-
Three, both 36.02 acre parcels now owned by the Roll International Corporation. Parcel 3 is
developed with a 14, 688 square foot home and Parcel 2 is vacant.
There is a 2.45 acres outparcel within the six lot Stillwater Ranch Subdivision owned by Susan
and Helen Hunt. This property is surrounded by the subject property, Lot 5 Stillwater Ranch
Subdivision. The improvements were built in 1949 and included a 2,686 square feet house, a
306 second separate unit and a 676 square foot shed.
Other surrounding uses are the Fleck house, Callahan Subdivision Lot 12 &12A with 1.9 acres,
6,447 square feet plus a 3,275 square foot second unit used as a caretaker unit; Lot 11 Callahan
Subdivision with 1.1 acres under construction and the Aspen Club, adjacent to the west.
In summary, since the Silver Lining Ranch has moved to southwest Colorado, the Kids First
Foundation wishes to pursue abandoning the City approvals, disconnecting from the City,
returning to the original single family approvals of the Stillwater Ranch Subdivision and making
the subject property subject to and entitled to benefits from the zoning and subdivision approvals
applicable to the other free market lots in the subdivision. This single family use was intended
for this 6.457 acre lot and is most compatible with the neighborhood and uses in the area.
Please let us know if you have any questions or if we can provide further information. At this
point, we are simply interested in your opinion regarding this proposal. For your information and
convenience, the following attachments have been included. Thank you for your assistance.
Attachment I: BOCC Resolution 94-233 approving Stillwater Ranch Subdivision;
Attachment 2: Recorded Final Plat for Stillwater Ranch Subdivision;
Attachment 3: BOCC Resolution 94-125 .granting five GMQS allotments for the Stillwater
Ranch Subdivision Lots I through 5;
Attachment 4: BOCC Resolution 124-2004 granting a major plat amendment approval pertaining
to Stillwater Ranch Lot 4, the Bellock property; and .
Attachment 5: City of Aspen Ordinance No. 11 of 1997 and Resolution 97104 regarding City
approvals for the Silver Lining Ranch.
Sincerely,
DAVIS HORN INCORPORATED
~LN\
GLENN HORN AICP
-3-
ATTACHMENT----L-
377&78 8-770
SILVIA DAVIS
P-783 12/30/94 04.05P PG 1 OF 8
PITKIN COUNTY CLERK & AECoRDER
REC
0.00
DOC
U80L1l'l:Z:0II 01' '1'1I1 __ 01' COUll'lY COIIIal8IOIID8 01' P:Z:'1'1lDl COIlll'l'Y.
CO:z:.nD"IV\, GaaJI'1'DIG DftAILmI aJIIl I'IDL PLAT AP'ROVAL '1'0 'I'IIB
ITILLn'1'BR UJlCIl IUIID:Z:VIIIO./'VD
Reeolution ,t4,t3)
.Kel.,n.
1. Fabienne Benedict, (hereetter "Applicant"), has applied to the
Board ot County commie.ionere of Pitkin county, (hereafter
"Board"), to subdivide the Stillwater Ranch into six lots.
2. The subject property i. zoned AFR-2, POD.
3. The property i. located adjacent to and east of the city of
Aspen, southwest ot Highway 82, more specifically described in
Exhibit "A", attached hereto.
4. 'The Planning and Zoning Commission reviewed this application
at their regularly scheduled publio hearing on January 18, 1994,
and recommended General submission approval subject to conditions.
5. The Board granted five GMQS allotments to the applicant by
Resolution No. 94-125.
6. The Board heard the Gsneral Submisdon application at a
regularly scheduled and noticsd public hearing on August 30, 1994,
at which time evidsnce and teetimony was presented ~n regard to
,
this application.
7. The Planning and Zoning commission reviewed the Ostailed and
Final Plat application at their regularly scheduled public meeting
on November 8, 1994, and recommended approval subject to
conditions.
8. The Planning and Zoning commission reviewed this application
377678
5-770 P-784 te/30/94 04.05P P6 e
OF 8
ae.olutioD .0. '4-~
1'8.,8 a
for Scenic Overlay requirement. at a regularly scheduled public
hearinq on Novuber. 29, 1994, and approved the Scenic Overlay
review eubject to condition. by their Resolution No. PZ-94-15.
_, _, DB I~ UlOLVlID
by the Board of County
Commissioners that it hereby grants DetailBd~ and Final Plat
approval to the applicant subject to the following conditions.
1. All utility extendone shall be located underground, and
appropriate easements shall be dedicated to the various public
and private utilities as may be required.
All utility
extensions shall be located in thB property's Bxisting road
system to minimize site disturbance. If utility sxtensions
are proposed outside of approved road alignments, thesB
extensions shall b.".hown tor review and approval at Detailed
submission.
2. All devBlopmBnt on Lots 1 through 5 shall bB limited to
aCCBSS roads, the individual driveways, utility extensions,
irrigation ditches, fences meeting Division of wildlife
require.ents and ths building snvBlopes.
No disturbance,
including vegetation r..oval, (unlBs. rBquired by the County
for "fire protection) shall occur ou~.id. these areas.
Landscaping outside of building BnvelopBs may be permitted
upon approval by the Planning DepartmBnt.
3. The applicant shall dadicate a fiShing Basement along thB
southerly bank of the river to include the river and five feet
i
of bank above the high water mark. A fiShing easemBnt shall
also be grantsd between the CODDon boundary of thB out parcel
37767B
S-770 P-78S
la/30/94 04J05P PS 3
OF 8
a.solutioD .0. '4~
1'&'Ie J
and Lot 6 and the centerline ct the river.
The applicant
shsll work with ths County to realign those portions of the
"winter" trail that are located within hazardous avalanche
zon.., to the extent teaeible.
4. All residences shall be connected to ths Aspen Consolidated
Sanitation Districts (ACSD) ,.ain sewer line.that runs through
the property. The owners of said lots shall pay the nOrlllal
connection fees, along with an additional prorated surcharge
that will be used to recover the ccsts of repairing a
downst.ream constraint. The prc rata share shall be deterlllined
by the ACSD. If a sewage pumping system is necessary cn any
parcel, a conventional septic tank shall pretreat effluent
prior to discharge into a pumping chamber, as recommended by
the Environmental Health Department.
S. The applicant shall maks a contribution of $12,600 to the
County trails program prior to recordation Of the final plat.
No building permit shall be issued within the stillwater Ranch
Subdivision until the .County shall qave expended the
contribution on specific trails imprcvements.
6. The applicant ehall obtain accees permits and submit erosion
and sediment control plans as required to the County Engineer
for review and approval prior to building permit issuance.
,
7. The Fire District shall be allowed on the. property to check
fire hydrants and watsr pressure prior to building permit
issuance.
B. The Applicant or ownsrs shall provide one, above grade, low
ell
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Resolution HO. 9.-~
paqe 4
income, one-bedroom affordable housing unit on each o:t the
five new lots within their desiqnated buildinq envelopes,
concurrently with the construction of each four-bedroom free
market unit.
An appropriate deed restriction shall be
executed and filed with the Housinq Office. The affordable
uni ts shall meet or exceed Housinq Office I s minimum, net
livable area requirement tor low income units, and shall be
deed restricted to the Category #1 income, price and occupancy
ell
U.
o
guidelines in effect at the time of issuance of a buildinq
permit. Planned Unit Development (PUD) 'approval is hereby
granted to allow smaller lot sizes as1 necessary for the
provision of detached or attached afrordable housing units on'
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Lots 2 and 3.
9. Dogs shall be kenneled or leashed at all times. Fenc~ng shall
ccmply with Division cf Wildlife standards, includinq a
maximum height ot 42", four strands or less.
10. prior to final plat recordation, the applicant shall supply
evidence of an adequate water supply.
11. The protective covenants tor the Stillwater Ranch Subdivision
shall be revieed to permanently restriot the use of the Open
Space Parcel to aqricultural uses and improvements, the
pasturinq of horses and related uses and improvements, and
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such other open space uses and improvements as may be approved
trom tims to ti~e by the Stillwater Ranch Homeowners
Association, and the continuation of existinq uses. The
covenants shall also prohibit further subdivision of the Open
I
space Parcel, althouqh a lot line adjustmeijt shall be
permitted between the Open space Parcel and the Out Parcel if
County and landowner approval can be obtained.
aeeo1utioD .0. ,.-~
'&ge I
12. On or betore Karch 1, 1995, the applicant shall torm a
Homeowners' Association comprieed ot the owners ot the six (6)
lots in the Stillwater Ranch Subdivision, and shall convey the
Open Space parcel to the Homeowners' Association. The deed
shall reserve the exclusive use, control and expense of the
opan Space parcel to Fabienne Benedict and Fredric A. Benedict
tor the rest ot thsir lives.
13. Removal ot mature veqatation outsida ot any buildinq envelope
on Lots 1 throuqh 5 is prohibited except as provided .for in
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Condition 2 above.
Removal of mature trees wi thin the
buildinq envelopes shall require approval of a tree removal
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plan by the Planninq Office. Hature trees means any deciduous
tree ot six-inch oaliper at diameter-hreast-heiqht or any
everqreen taller than eix teet in he1qht.
14. The northern boundary ot the buildinq envelope on Lot 1 shall
be relocated twenty (20) teet to the south to reduce potential.
visual impacts. The applicant may relocate the eastern and{ or
we.tern boundaries ot the buildinq envelope 80 as to maintain
...
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a.
the size ot the bui1dinq envelope.
15. The bui1dinq heiqht on Lot 1 shall be limited to a maximum of
20 teet measured troll ex1stinq qrade or finished qrade,
whichever is lower, to the top ot a tlat roof or the midpoint
ot a pitched root. The ridqe ot a pitched roof shall not
exceed 25 feet above exietinq or tiniehed qrade, whichever is
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lower.
16.
The bui1dinq heiqht on Lot 2 shall be limited to (i) a maximum
Re.olu~io. .0. ..-~
page .
ot 20 teet measured trom the existing elevation of the
northeast corner of the building envelope to the top of a flat
root or the midpoint of a pitched roof, or (ii) the maximum
height allowed in the AFR-2 Zone District, whichever is lower.
The ridge ot a pitched root shall not exceed 25 feet above
said existing elevation. The applicant shall establieh said
elevation by tield survey and shall incorporate the same in
the 'Protective Covenants tor the Stillwater Ranch subdivision.
17. The height limitations imposed on Lets 1 and 2 may be varied
sUbject to obtaining a new Scenic Overlay approval pursuant
a]
to the standards and procedures in etfect at the time of a new
~ application.
18. The owner ot Lot 1 shall submit a landscape plan for review
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and approval by the Planning Oftice prior to the issuance of
a building permit tor the residence on Lot 1. The purpose of
th, landecaps plan ehall' be to reduce the visual impact of
developmsnt on Lot 1 trom Highway 82.
19. Section 2(f) of ths covenants (lighting) shall be revised to
preclude outside lights on the north side ot the buildings on
a]
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Lots 1 and 2 (facing Highway 82).
The arohi~ectural
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"guidelines" shall be renamed to "requirements".
20. With the exception ot one entrance light at the intersection
of Highway 82 and stillwater Road, and one outdoor light for
the garag.. or hom.. entrance (unless otherwise required by the
unito... Building Code), access drive and 'landscape "accent"
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lighting ahall be prohibitsd on Lots I and 2.
Low level
a..olutton .0. '4-~
'&98 7
walkway lighting, however, shall be allowed for safety
purpo....
All exterior lighting shall comply with the
applicable requirements of the Pitkin County Land Use Code.
21. Livestock grazing and livestock impounding is prohibited on
Lot. 1 through 5, with the exception of horees, which may be
impounded on Lots 4 and 5. Livestock grazing and livestock
impounding is permitted within the open Space parcel and 6.
All material representations mads by the applicant in the
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APPROVllD AND ADOPTED ON THE 20TH DAY 01" DECEMBER, 1994.
BOARD 01" COUNTY COMMISSIONERS 01"
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A aZ80LOTtOJl OJ' 'fIlB BOUD OJ' co'Oll'rl COIIIIX88I.OBBR8
OJ' P'I'f1ttl1 COUJIT'I', cot.OJtADO, G'RloJITII1G J'1VB
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Fabienne Benedict, (hereafter "APplicant" \ . r~ested that the
Bo.rd of county commissioners, (hereaft.'r "BOard"), grant excesS
Growth Management Quota system Allotr-nt.s for the Bonedict
. stillwotor Ranch pureuant to section 5-510.3 (e) of the Land Use
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2. The property is locatsd southeast of, and adjaCent to, the
city of Aspen (as described on Exhibit 'A' attached).
3. The Board heard this application at their ragular meeting on
June 28, 1994, at which time evidence and testimony waS presented
regarding this application.
4. The Board finds tnat this application furthers co...unity goals
by providing a site for employee housing, trailS for public use and
code.
significant open space.
NOW, TBDBJ'OllB, BB IT R.ZBOLVBD
by the Doard of county
commissioners that it here"" grants five (5) Growth Management
Quota system Allotments to the Applicant subject to the reguirement
that the Applicant complete all further subdivision review
beginning with and including General submission to the Board.
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BOARD OF coUNTY COMMISSIONERS OF
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SILVIA DAVIS P ITKIN COUNTY CD R 0.00 0 0.00
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING THJ.,P~LLOCKMAJOR PLAT AMENDMENT FORLOT 4,;'
STILLWATER RANCH SUBDIVISION .
Resolution Nn.l A 1-2004
Recitals
ATTACHMENT ~
I. Chilrks Bellllck "Applicant". ha.s applied 10 the Pitkin COllnty Board ofCollnty C(),","is~illn~r.~.
"BOeC", lor a Major I'lllt Amendment to ,hill and enlarge the building envelope. crcate a
development envelope and lIInend a conditi<.>i1 of approvill that limits 11001' arca on the lotlu
allow tor a <lay-lighted basement.
2. The lot is .located east of Aspen, and is more specifically descri~ed as Lot 4, Stillwater Ranch
SubdiviSIon. . .
3. The Planning and Zoning Commission heard this application at their regularly scheduled public
meeting on Junc I, 2004, at which time they recommended approval by a vote of 4-0.
4. The Board heard the request on I" reading at their regularly scheduled and duly noticed public
hearing on July 28, 2004, at which time evidence and testimony were presented with respect to
this application. Second reading was held on August 11,2004.
5. The Board finds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby grants approval to the SeHock M'\ior Plat Amendment subject to the
following conditions, which shall run with the land and be binding on all successors in interest:
1. The Applicant shall comply with the provisions of BOCC Resolution Nos. 94-132, 94-156, 94-
233 and 99-1 O/tuntess otherwise replaced or amended by the conditions of this approval.
~ TIle Applicant. shall prepare an Amended Plat for Lot 4, Stillwater Ranch Subdivision in
accordance with Pitkin County Land Use Code Sections 5-40 and 5-60-040 to establish an
accessory development envelope, and shift and enlarge the existing principal building envelope.
3. No development, including grading, excavation, fill placement, bermingJ landscaping, entry or
ranch gates, and vegetation removal or disturbance shall !Jccur outside of the approved building
envelope except for access, grading, landscaping and wildfire mitigation, which can occur within
the designated development envelope. Construction, staging, parking, utility and driveway
extension and maintenance shall occur within approved building/development envelope, or
aCL:CSS driveway.
4. Prior to the submission of a building pennit, the Applicant shall be required to make a cash-in-
.lieu payment to the Aspen/Pitkin Housing Autllority of$220,400 for housing mitigation for Lot.
4, Stillwater Ranch Subdivision. TIlis payment shall constitute tile full mitigation requirement
from the original Subdivision approvals regarding the housing.
5. Prior to the issuance of a building permit, the Applicant shaH submit a landscaping and grading plan
to Community Development lor review and approval.
I
Resolution No./1'L-2004
Page 2
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S SILYIA DAvIS PITKIN courny co i R 0.00 0 0.00
6. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
7. Prior to the submission ofa building permit, the Applicant shall be required to obtain an
Access/Driveway Development permit for the constrllction of the new access.
X. Lighting shall ~omply with thc Pitkin Coullty lighting standards at the time of installation.
9. The re"idenee ,hall have" floor area limitation of 8,600 square feet as calculated"t time or building
permit, with 2, I DO square feet 0 f tloor area located on the lower level. EKcmpt sub-grade space
shall be limited to 1,900 squarc reet as calculated at time ofbuildillg permit. lUld shall nl!~intain II .
permanent sepaf'Jtion (wall) Ii-om non-exempt floor area, as depicted ill Exhibit A, The lot shall
maintain a 750 square foot eKemption Ii-om tile calculation of floor area lor a garage. The aggregate
square footage on the lot shall nol exceed 11,250 square feet.
10. The Applicant shall adbere to all material representations made by the application or in public
meetings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 28th day of June,
2004.
INTRODUCED AND FffiST READ at the regular meeting and pub He hearing on the 28th day
of July, 2004.
2004
APPROVED AND ADOPTED AFTER SECOND READING on the II th day of August,
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
d2..._~__/~____.:
Dorothea Farris
Chair
Date: 7'-"7- 0 <f
APPROVED AS TO F
APPROVED AS TO CONTENT;
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Cmdy ouben, .
Community Development Director
Case #040-04
PID #273718405004
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MEMORANDUM
TO:
Pitkin County Board of County Commissioners
Regular Meeting- August 11,2004
Cindy Hoube~ &O~~ity Development Director
THRU:
FROM:
Ezra Louthis, Planner
RE:
Bellock Major Plat Amendment for Lot 4 Stillwater Ranch Subdivision--2nd Reading
SUMMARY: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to
relocate and enlarge the existing building envelope, create a development envelope, and amend a condition
of approval that limits the maximum floor area on the lot to 6,500 sq. ft.
The Applicant is requesting to enlarge the envelope by 566 square feet, and to shift the envelope slightly to
the south, away from the adjacent property. In addition to the amendment to the existing building envelope,
the Applicant is requesting the creation of a development envelope for access, grading and landscaping
purposes around the building envelope. The request for the development envelope is partially related to the
need for access and subsequent grading to occur outside of the designated envelope, as well as the need for
the relocation of the Nellie BirdOitch and the pond drainage around the proposed house. Lot 4 has the right
to relocate the Nellie Bird Ditch and the drainage for the pond per the Final Plat and the Covenants for the
Subdivision. The Applicant is also requesting to increase the maximum allowable floor area from 6,500 sq.
ft. to 8,600 sq. ft., while limiting the below grade space to 1,900 sq. ft., and maintaining a garage exemption
of750 sq. ft. (11,250 sq. ft. total). The request by the Applicant for more floor area beyond what is allowed
by the existing approvals is based on the contention that due to site topography, the house design cannot
meet below grade requirements for the 4000 feet of exempt space, and that some of the basement will have
. '
to be dayhghted.
The Applicant also wishes to buyout the lot's affordable housing requirement, in which the lot is required
to provide an onsite Category Unit pursuant to the Subdivision approvals.
APPLICANT: Charles Bellock
REPRESENTATIVE; Vann Associates, LLC
LOCATION: Lot 4, Stillwater Ranch SubdivisionlPUD
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUND: The BOCC voted 4-0 in favor of the Bellock application with a direction that the
Employee Housing Mitigation requirement be reviewed at 2nd Reading. The Applicant had requested to
mitigate the requirement from the original Subdivision approval by paying a cash-in-lieu amount equal to _
the cost of a one-bedroom, Category I Unit at time of subdivision review (1994), plus adjusted CPl (this is
what the P&Z recommended as well). The Applicant has not submitted anything formal to Community
Development regarding the Mitigation requirement, but has indicated that he will have a new proposal for
the Board.
RECOMMENDATION: Staff recommends the Board adopt the following motion, "to approve the 2nd
Reading of the Bellock Major Plat Amendment" subject to the conditions in the attached resolution.
MEMORANDUM
TO:
Pitkin County Board of County Commissioners
Regular Meeting - July 28, 2004
<lc~~~
Cindy Houben, Community Development Director
THRU:
FROM:
Ezra Louthis, Planner
RE:
Bellock Major Plat Amendment for Lot 4 Stillwater Ranch Subdivision-I" Reading
(public hearing)
SUMMARY: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to
relocate and enlarge the existing building envelope, create a development envelope, and amend a condition
of approval that limits the maximum floor area on the lot to 6,500 sq. ft.
The Applicant is requesting to enlarge the envelope by 566 square feet, and to shift the envelope slightly to
the south, away from the adjacent property. fu. addition to the amendment to the existing building envelope,
the Applicant is requesting the creation of a development envelope for access, grading and landscaping
purposes around the building envelope. The request for the development envelope is partially related to the
need for access and subsequent grading to occur outside of the designated envelope, as well as the need for
the relocation of the Nellie Bird Ditch and the pond drainage around the proposed house. Lot 4 has the right
to relocate the Nellie Bird Ditch and the drainage for the pond per the Final Plat and the Covenants for the
Subdivision. The Applicant is also requesting to increase the maximum allowable floor area from 6,500 sq.
ft. to 8,600 sq. ft., while limiting the below grade space to 1,900 sq. ft., and maintaining a garage exemption
of750 sq. ft. (11,250 sq. ft. total). The request by the Applicant for more floor area beyond what is allowed
by the existing approvals is based on the contention that due to site topography, the house design cannot
meet below grade requirements for the 4000 feet of exempt space, and that some of the basement will have
to be daylighted.
The Applicant also wishes to buyout the lot's affordable housing requirement, in which the lot is required
to provide an onsite Category Unit pursuant to the Subdivision approvals.
APPLICANT: Charles Bellock
REPRESENTATIVE: Vann Associates, LLC
LOCATION: Lot 4, Stillwater Ranch SubdivisionIPUO
ZONING/LOT SIZE: The property is zoned AFR-2 and contains approximately 4.433 acres.
BACKGROUNDIEXISTING CONDmONS: The property was originally part ofthe l24-acre
Stillwater Ranch (Benedict Ranch), which was divided into 3 separate lots in 1993. Lot I (52 acres) was
then subdivided into the 6-lot Stillwater Ranch SubdivisionIPUO in 1994 pursuant to BOCC Resolution
Nos. 94-156 (Conceptual) and 94-233 (Detailed/Final). Lot 4 is part of the 6-lot Stillwater Ranch
Subdivision/PUD, which received its development rights in a unique way.
The Subdivision originally applied for GMQS allotments for development rights in 1993, in which it
competed with the Moore PUD. The Moore PUO scored better than Stillwater, and Stillwater was granted
no development rights per the GMQS competition. With potential changes in the Land Use Code
contemplated at the time which would have limited allotments available to this Subdivision in 1994, the
Applicant chose to apply for four GMQS allotments in excess of the available Metro Area Quota for 1993
pursuant to Code Section 5-51 OJ (a) which stated: "In awarding allotments in any given year, the Board of
Memorandum: Bellock, Lot 4, ;;,tillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 2
County Commissioners may authorize construction in excess of the maximum munber of dwelling units
specified in Section 5-5 10.1 (a) by as much as twenty percent (20%) of the quota established, provided,
however, that any such excess shall be offset by a corresponding reduction in allotments given in successive
years such that every fifth year the allotment within the previous five years shall not be in excess of the
cumulative total prescribed by Section 5-510.I(a)." This Code Section provided no criteria to determine
when it was appropriate to grant such excess allotments, just that the excess could be provided.
As part of the Application submitted by the Applicant for the excess allotments in 1994, the Applicant
voluntarily limited the square footage on the lots to 6,500 square feet as well as donated land for open space
and affordable housing (see Attachment C).
PLANNING AND ZONING COMMENTS:
The Planning and Zoning Conunission (P&Z) voted 4-0 to pass on a reconunendation of approval of the
Applicant's request for the Major Plat Amendment. As part of the motion, they requested that a landscape
and grading plan be submitted to alleviate concerns over screening of the residence, and that the huilt
residence reflect what has been represented from a design standpoint.
VIEW OF PROPOSED ENVELOPE FROM EASTERN EDGE ABOVE POND FACING WEST.
REFERRAL COMMENTS: The following agency has been referred on this case.
I
I. Zoning: Joanna Schaffner, the County Zoning Officer, conunented on concerns about setback
requirements (which will be adhered to by the Applicant), and the request for the floor area increase.
Ms. Schaffner conunented that the Applicant has not demonstrated that he cannot meet the
requirements of below grade exemption, and that it appears to be a design issue and does not warrant
a floor area amendment. She cautions against creating a precedent based on design issues.
Referral memos received have been attached for your reference.
Memorandum: Bellock, Lot 4, ~dllwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 3
MAJOR PLAT AMENDMENT
Pursuant to Section 3-190-090, a subdivision exemption for a major plat amendment may be permitted
subject to compliance with the following standards:
A. Amendments shall be consistent and compatible with the surrounding neighborhood.
Response: The proposed amendment to slightly enlarge the building envelope and rotate it to the south
is compatible and consistent with the surrounding neighborhood. The relocation of the envelope slightly
to the south makes the (proposed) house less visible by the adjacent lot, yet still maintains a clustered.
pattern.
The request for a development envelope for access, grading and landscaping purposes is similar to the.
amendment granted to Lot 2, Stillwater Ranch SubdivisionIPUD, which created a development envelope
for access and landscaping. In general, tlle request is compatible, and is required to a certain degree for
the placement of access tllat complies with the Fire District standards for driveway width and
turnarounds, and for the relocation of the proposed pond drainage easement and the Nellie Bird Ditch.
However, it is unclear to Staff why the proposed development envelope needs to extend past the building
envelope to the west, since the realigned drainage ditch from the pond is to the south of the building
envelope and it appears could stay to the south. Considering there exists a number of mature Aspen trees
and natural screening from the Open Space, the Roaring Fork and Lot 6 of the Subdivision in this area,
Staff feels it is appropriate to maintain that area as outside the development envelope. Regarding this
issue during the P&Z meeting on June 1st, the Applicant offered that the relocation of the pond drainage
required the development envelope in this area, and felt that providing a grading and landscaping plan
during the building permit process to Community Development for review and approval would alleviate
any screening concerns. The P&Z's recommendation is reflected in the conditions of approval.
The request for the amendment to the allowed floor area is not consistent with the snrrounding
neighborhood or the original review. As noted in the Application, Lot 4 does contain slopes that Lots 2
and 3 do not. Lots 2 and 3 are developing with a 6,500 sq. ft. maximum, utilizing the 4,000 below grade
exemption. The Applicant indicates that because of site topography and constraints, it cannot design a
house that will be able to utilize the full below grade exemption. As Ms. Schaffner indicated in her
comments, sites on steeper and more constrained lots, such as Red mountain, have developed their below
grade exemptions that meet the code requirements. She then goes on to state that it is a design issue, and
should not substantiate the request for additional square footage on the Lot. Furthermore, although the
underlying zoning of AFR-2 would allow for a house of 8,931 sq. ft., Staff feels that the maximum
allowable floor area should remain at 6,500 sq. ft. as represented in the application when the Lots
received the excess allotments in 1993-94, and as dictated in BOCC Resolution No. 94-165.
i
Memorandum: Bellock, Lot 4, ;;,tillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 4
View of building envelope facing northeast.
B. Additional community impacts resulting from the amendment shall be completely mitigated by
the applicant.
Response: Relocating the building envelope to the south will limit some of the visual impacts by
locating tlle development down the slope. Staff is concerned that allowing the development envelope to
extend beyond the proposed western edge of the building envelope, and into some mature Aspen trees,
will result in the grading out of that area, and the destruction of natural screening from the river, the open
space and Lot 6. At the P&Z meeting the Applicant offered to provide a landscape and grading plan at
buildin for review and ap roval to alleviate these concerns.
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The proposed development and building envelope as seen facing east from the west property line.
Memorandum: Bellock, Lot 4, "lillwater Ranch Subdivision Major Plat Amendment
July 28, 2004
Page 5
C. The amendment must comply with the standards of this Code whichever are applicable.
Response: The proposed amendments comply with the standards of this Code.
D. In no case shall a major plat amendment be utilized to increase the number of lots on a plat.
Response: No new lots are created.
BUILDING ENVELOPE ENLARGEMENT AND SIllFT:
Staff concludes that the proposed building envelope and shift is appropriate and consistent with the
neighborhood and the original reviews.
DEVELOPMENT ENVELOPE:
Staff concludes that the proposed development envelope for access, grading and landscape purposes is
appropriate and necessary for the location and design of the access, as well as the relocation of the pond
drainage and Nellie Bird Ditch. However, Stafffeels thai the portion of the development envelope to the
west of the western boundary of the proposed building envelope is not appropriate considering there
exists a number of mature Aspen trees and natural screening from the Open Space, the Roaring Fork and
Lot 6 of the Subdivision in this area, and that by establishing the envelope could result in the destruction
of that area. Based on a site visit and existing conditions, it appears that the pond drainage could be
routed to avoid that area. As noted before, the P&Z voted to approve the request and to add a condition
of approval that would require a landscape and grading plan for review to assure that proper screening
was maintained.
MAXIMUM FLOOR AREA INCREASE:
Staff concludes that the request for additional floor area from 6,500 sq. ft. to 8,600 sq. ft. is neither
consistent with the neighborhood, or the original review which allocated the excess allotments based on a
representation that the Lots would be limited to 6,500 sq. ft. As noted by Ms. Schaffner, it appears that the
below grade Code requirements can be met on a lot such as this, and that a design issue should not
substantiate the request for more floor area. The P&Z, however, felt that the unique nature of the
Subdivision would preclude the Applicant's request from creating a precedent, and'that by limiting the
overall square footage (including exempt below grade square footage) on the lot to 11,250 sl' ft. would not
be of significant concern. I
' -" II i-
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EMPLOYEE HOUSING MITIGATION REOUIREMENT: r . '~"7/'10
Staff concludes that Condition No.8 of BOCC Resolution 94-233 (Detailed and Final Plat Approval),
which requires that a fully deed-restricted, Category I affordable housing unit be c?nstructed on-site can be
mitigated by paying a cash-in-lieu amount equal to the cost of a one-bedroom, Category 1 Unit at time of
subdivision review (1994), plus adjusted CPr. If at the time of building permit submission the Code has
been amended regarding alternative mitigation for previously approved deed restricted rental llilits, the
Applicant shall comply with the Code in effect at that time.
"ift5
RECOMMENDATION: Planning and Zoning Commission recommend that the Board pass the following
motion, "to approve the Bellock Major Plat Amendment on 1st reading" subject to the following conditions,
and setting 2"d Reading for August 11,2004."
Memorandum: Bellock, Lot 4, :;"lllwater Ranch Subdivision Major Plat Amendment
July 28, 2004
. Page 6
ATTACHMENTS:
A. Draft Resolution
B. Zoning Comments
C. Application for excess allotments
D. Staff l.\1;emo to P&Z June 1, 2004
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING THE BELLOCK MAJOR PLAT AMENDMENT FOR LOT 4,
STILLWATER RANCH SUBDIVISION
Resolution No. _-2004
Recitals
I. Charles Bellock "Applicant", has applied to the Pitkin County Board of County Commissioners,
"BOCC", for a Major Plat Amendment to shift and enlarge the building envelope, create a
development envelope and amend a condition of approval that limits floor area on the lot to
allow for a day-lighted basement.
2. The lot is located east of Aspen, and is more specifically described as Lot 4, Stillwater Ranch
Subdivision.
3. The Planning and Zoning Commission heard this application at their regularly scheduled public
meeting on June 1,2004, at which time they recommended approval by a vote of 4-0.
4. The Board heard the request on 1" reading at their regularly scheduled and duly noticed public
hearing on July 28, 2004, at which time evidence and testimony were presented with respect to
this application. Second reading will be held on August 11, 2004.
5. The Board finds that this application is consistent with the applicable Sections of the Pitkin
County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board' of County
Commissioners that it hereby grants approval to the Bellock Major Plat Amendment subject to the
following conditions, which shall run with the land and be binding on all succes~ors in interest:
1.
The Applicant shall comply with the provisions ofBOCC Resolution Nos. 94-132, 94-156, 94-
233 and 99-108 unless otherwise replaced or amended by the conditions of this approval.
2.
The Applicant shall prepare an Amended Plat in accor<Jmce with Pitkin County Land Use Code
Sections 5-40 and 5-60-040'-7 o-P 6-.1-- t/f. .
3.
No development, including grading, excavation, fill placement, berming, lan9scaping, entry or
ranch gates, and vegetation removal or disturbance shall occur outside of the approved building
envelope except for access, grading, landscaping and wildfire mitigation, which can occur within
the designated development envelope. Construction, staging, parking, utility and driveway
extension and maintenance shall occur within approved building/development envelope, or
access driveway.
4.
Prior to the submission of a building permit, the Applicant shall be required to make a cash-in,
lieu payment to the Aspen/Pitkin Housing Authority equal to the amount required for a one-
bedroom, Category 1 Unit at time of Final Plat Approval (1994), plus adjusted Denver/Boulder
cpr to the date of building permit submittal. '\!!: at the time of building permit submission the
Land Use Code has been amended to provide for an alternate means of providing required
housing mitigation in cases where deed restricted rental units had been approved, the Applicant
shall comply with the amended terms of the Land Use Cod~,
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Resolution No. -2004
Page 2
5.
Prior to the !ssuance of a building p~rmit, the Applicant ~hall submit a landscap. . ing apd grading ylan
to Conunul1lty Development for reVIew and approval. I b L.. V"t~ spe".fk t- wi 'fv0,:;
Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements
and shall pay a road impact fee.
6.
7.
Prior to the submission of a building permit, the Applicant shall be required to obtain an
Access/Driveway Development permit for the construction of the new access.
8.
Lighting shall comply with the Pitkin County lighting standards at the time of installation.
9.
The residence shall have a floor area limitation of 8,600 square feet as calculated at time of building
permit, with 2, I 00 square feet of floor area located on the lower level. Exempt sub-grade space
shall be limited to 1,900 square feet as calculated at time of building permit, and shall maintain a
permanent separation (wall) from non-exempt floor area. The lot shall maintain a 750 square foot
exemption from the calculation of floor area for a garage.
10.
The Applicant shall adhere to all material representations made by the application or in publie
meetings.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIl\fES on the 28th day of June,
2004.
INTRODUCED AND FffiST READ at the regular meeting and public hearing on the 28th day
of July, 2004.
APPROVED AND ADOPTED AFTER SECOND READING on the 11th day of August,
2004
ATTEST;
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones
Deputy Clerk
Dorothea Farris
Chair
Date:
.APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
"lJ ~ .JQ.-M. h.rC\l-
C nd Houben,
Community Development Director
Jolm Ely,
County Attorney
Case #040-04
PID #273718405004
MEMORANDUM
TO:
Ezra Louthis, Planning
FROM:
Joanna S. Schaffner, Zoning Officer
DATE:
May 10, 2004
RE:
Stillwater Ranch Subdivision
Lot 4, Major Plat Amendment
Parcel ID# 2737-184-05-004
-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=-=-=-=-=-=-~-=-=-=-=-=-
I have reviewed the above referenced application and offer
the following comments.
1.Unless PUD setback variances have been or will be
granted, all development greater than 30 inches in height
above or below the natural grade must comply with yard
setback requirements. Development within building /
development envelopes is not exempt from yard setback
requirements.
2. The applicant proposes an amendment to allow an
additional 2,100 sf of floor area on the site, because the
applicant claims it can not meet the requirements of the
below grade exemption, thereby creating an "inequitable
situation" since the applicant is "unable to develop as
much exempt basement floor area .as these neighboring
properties" (Lots 2 and 3).
The Stillwater Ranch Subdivision approval currently limits
development to 6,500 square feet of floor area (plus 4,000
square feet of below grade area and 750 square feet of
garage area exempt from Floor Area.)
The applicant states that the amendment would not change
the overall limitation on the size of the improvements on
the property, remaining at 10,500 square feet (same as Lots
2 and 3). This is unclear: 6,500 sf + 4,000 sf + 750 sq ft
= 11,250 square feet.
The below grade exemption was adopted in 1994 because it
was believed at that time, that the only impacts to large
homes was visual. Since below grade areas couldn't be
seen, they were exempted from floor area up to 4,000 sf.
Based on the AFR-2 zone district, the allowed floor area
for a 4.433 acre parcel is calculated using the following
sliding scale:
Lot Size: 4.433 acres x 43,560 sf = 193,101 sf
25,000 sf x .13 = 3250
25,000 sf x .09 = 2250
50,000 sf x .05 = 2500
100,000+sf x .01 = 931
8,931 sf
The total allowed floor area for a 4.433 acre lot is 8,931
sf. Plus, if in the Urban Growth Boundary, (as is Lot 4)
the parcel is allowed a 4,000 square foot below grade
exemption and a 750 square foot garage exemption. Note:
Ponds are not deducted from lot size to determine lot area.
The applicant has not demonstrated that it cannot meet the
requirements of the below grade exemption. Because "the
lot is not flat" is obviously not an excuse as is evidenced
by all the below grade exempt areas on Red Mountain. The
fact that material from the gravel operation was deposited
on the site can be mitigated. This appears to be a design
issue and does not warrant a floor area amendment.
Zoning staff cautions against creating a precedent by
increasing allowed floor areas based on design issues.
ATTACHMEf\.jT
5_
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING APPROVAL FOR ~ON~I:!IOI'i.~!.LS.Klill"LTHE.ACADLl\ltC;;.(~l^-ND
CONSE:BY ATlON (C)-ZONE DISTRleTS;"5PEEfAL REVIEW-OF PARKING REQuuur."]I;j'Jtl'lTS,
. . 8040 GREENLINE REVIEW, AND STREAM MARGIN REVIEW POR TIlE KIDS STUl'F
FOUNDATION DEVltLOPMENT LOCATED ON LOT 5 OF THE STILLWATER RANCH
SUBDlVISION. AND RECOMMENDING APPROVAL OF REZONING AND
CONCEPTUALlFINAL SPECIALLY PLANNED AREA (SPA) DEV1!LOPMENT PLAN FOR THE
KIDS STUFF FOUNDATION DEVELOPMENT LOCATED ON LOT 5 OF THE STILLWATER
RANCH SUBDIVISION,
CITY OF ASPEN
Resolutioa 97~
WHEREAS. The Community Development Department received an application from The Kids
Stuff Foundation. for Conditional Use Review for donnitot')' housing, a health care faaUity and . dining
ball in the~^e~~Q_",J1...!..!!btr!~!Dd for a swi~..m~~1 iIlJb.LC.onHnlariaD..mna..diJttict;. Special
Review for parkins requirements in the Academic ione dlsutel; 1040 Oreenlino Review; Stream Margin
Review; Rezoning. and, ConcepNaVFinal Specially Planned Area (SPA) Review; and
WHEREAS. Pursuant to Section 26.60.040 of the Aspen Municipal Code, ConditJonal Uscs may
be approved by rho Planning and Zoning Commission; pursuant to Section 26.64.040 of the Aspen
Municipal Code. parking requirements in the Academic zone district may be approved by the Planning and
Zoning Commission through Special Review; pursuant to Section 26.61.030 of the Aspen Municipal
Code. 8040 Greenlinc Reviews may be approved by the Plannina and Zoning Commis:sion. and pursuant
to Section 26.68.040 of the Aspen Municipal Code. Stream Margin Reviews may be approved by the
Planning and Zonmg Commission; and
WHEREAS. Puuuant to Section 26.92.020 of the Aspen Municipal Code. tho Planning and
Zoning Commisaion shall make 8 recommendation to the City Council reaardlne requests to amend the
Official Zone District Map: and pursuant to S~on 26.80.030 of the Aspon Municipal Code. the Planning
and Zoning Commission shalt make a rec;ommcndoltion to the City Council relardlng ConceptuaVFinal
Specially Planned Area (SPA) Development Plan proposals; and
WHEREAS, the Housing Oft1ce, City Engineering, Parks Department" Asptm Consolidated
Sanitation District, Environmental Health Department and Community Development. Department reviewed
the proposals and recommended approval of each witb conditions: and
WHEREA.S. the above referenced application was legally noticed for a public hearing; and
WHEREAS, during the public hearina: al a continued mcetinz 011 March 11, 1997. the PI.noina
and Zonina Commission approved by . 5..0 vote the Conditional Uses with conditions. the Special Review
with conditions. the 8040 Grecnllne Review with conditions, and the Stream MlU'lin Review with
conditions; and. - .' j
WHEREAS. durin. a public hearing lit a continued meeting on Man:h II, 1997, the Pluming and
Zoning Commission recommended approval by a :5..() vote of the request to amend the Official Zone
District Map and the ConcepruallFinal Speciany Planned Arc:1l (SPA) Development Plan proposal.
I
NOW. THEREFORE BE IT RESOLVED by the Commission:
UVJ~41111~'UI'II~lJnl'WIIIIIIIIIIIIII
7 ., II R SI." D'," N .... ~!TK!N COUNTY CUlRK
A. Conditional Use:
That the Conditional Use for ~QDDi~QtY.J1~g!~ ,".b"~~I!!!.~.I.~Jltt.!!.g4.11...d.intn&J!.~LJn _P\MUllDmlc
(A) ~~_~.i.strict. and a swimmm& pool in the Conservation (C) zone district at K.ids S1:UfI"Foundatio~ on
Lot Sorcha "StUlwater Ranch Subdivision is approved with che fbllowlng conditions:
1.)0(1,-"'-
t, ~).::cit r... c~l-
I. Prior to the issuance of any building permits the appUeanrshall:
a) lnstaJlany new surface utilities requiriaa a pedestal or other abOVCl ground equipment on
an easement provided by the pn)p~rty owner and nDt: within the public ti&hts.of~w.y;
b) Locate any additional proposed constru<:tion in 9wch a way that it does not encroach into
an existina utility-casement or public right.of.way;
e) Agree.fojoin any future improvement diSb'ict(s) which may be formed for the purpose of
c:onslrUctm& improvcmcnts in adjacent public riShts-of.way; the agreement shan be executed
and recorded concunently upon approval of this application;
d) Submit a "Sito Improvement Survey" to the Enginoerlns Department;
c) Indicate a.1l utility meter I~ations and trash containment areas on f"mal development
plans;
t) Ensure that the project JDeets all runoff desian standards of Section 26.88.040(C)(4)(f)
with the building permit"application, and provide a drainaae report and mitigation plan signed
and stamped by an engineer registered in [he State of Colorado;
&> Submit a permanent erosion control plan and a temporary sediment control plan and
containment plan for 'the construclion phase: anc:!
h) Needles and other contaminated items will need to be handled as medical waste and the
operator will need to contract wiEh a. medical waste pick up hauler to properly dispose of Ibose
items.
2. Prior to the issuance of. Certificale of Occupancy (CO), the applicant shall:
a) Submit aswbuilt drawings of the project showina property Unes, building footprint.
easements, any encroachments, entry poinls for utilities entering the properr:y boundaries and
any other improvements 10 the AspenlPitkin County Data Proccssing Department in accordanco
with City GIS requirements. i(and when, any exterior renovation or remodeling of the property
" occurs that requires a building pennit;
b) Permit Community Development Department and Hawing Office staff to inspect the
property to determine compliance with the conditions of approval;
c) Be required to sign a sidewalk. curb and guucr qrelSment with the City;
d) Increase the width of the access easement tIlrough the property to tWenty (20) feet In
order to meet emereene)' IlCCesS width requirements, and emereency access to the new building
muat be twmty (20) feet wide. That is, die drlvina surface must be twenty (20) feet wide and
must be cle..ed of snow for 'the fUll width. A dedicated ftrc enBine turn around that will remain
freo ofpllrked ears, meeting Fire Marshal requ1remcnts, must be provided;
e) Pave the driveway; llnd.
f) The Environmental Health Department shall approve both plans and specifications of all
food setvie. facilities. A minimum of two (:2) weeks shaU be necessary for the Deparnnen't to
review and approve plans. Also, tinal approval from the Environmental Health Department is
required before opening for busines~ and prior to issuanee ofa Colorado Food SCJVice License.
j
11111111111111111111111111111111111111111111111111111
4_14 MID"'" 11,411I _I~
. of II R II." D.... N .... PITKIN COUNTY CLERK
3. Also prior to issuance of 8~Y building pcnnits. tho applicant shllll consult with City departments
regarding the following:
a) City Engineering for deslgR of improvements, including landscaping. within public
rigbtswof-way; .
b) Parks Oepartment fo~ tree removal, landscaping. and solectlon of vegctative species. as
well as provisions for traU easements and fencina design;
c) City StrcC'ts Depamnent for street Improvements. and aball obtain pcnnits for any work
or development,. including landscaping, within publiC: rights-of-way; and,
d) Aspen Consolidated Saniwlon District and the Department of Environmental Health for
drainage provisions for lhe swimming pool, grease and oil interceptor provisions for the
kitchen. oil' and sand interceptor provisions for tho garage, and blood borne 'and hazardous
waste disposal provisions for the medical suite.
4. Prior to the issuance of any buiJdinS pennits, a review of any proposed minor changes from the
approvals, as,set forth heretn. shall be made by the PI~i~8 and Engineering Departments, or
referred bac;k to the Plannin& and Zoning Commission.
S. One (I) ycar after the c;:ol1lmencement of oporallon. an empLoyment audit shall be conducted by
the Housln. Department.. The pcnnanent staff units shaI~ be deed restricted with priority for use
of these unlu to personnel of the Foundation. and categorized as to thOle empaoyees l'aliding in
the units (CaIClgOI")' I, 2. or J; but Category 4 for the two-bedroom, lower-level unit).
6. Deliveries to the faclllty for aU services (i.e.. food. medical supplies. etc.) shan be limited to the
hours between 6:00 a.m. and 7:00 p.m.. and consolidation of deliveries will bci implemented to the
maximum extent practicable.
7. AU material representations. made by the applicant in this application and during public: meetings
with the Planning and Zoning Commission shaH be ac:ihercd to and sball be considered. conditions
of approval, unless otherwise amenctect by a Board/Commission having authority to do 10.
B. Special Review:
lbat the Special Review for off-street parking requirements in che Academic (A) zone district at Kids Stuff
Foundation on Lot S oCmo Stillwater Ranch Subdivision requirinS threc (3) Imaged parking spaces fo..-
vans and le.n outdoor parking spaces meets the standards of Section 26.64.040(8) oftht:: Aspen Municipal
Code and is approved with the followina: conditions:
1. ODe (1) year after commencement of tho facility's operation, 8 parking audit/study be conducted
by thc appUc8nt and submitted to the Community Developmenl: Departm~nt for ",view. Jf the
findinas indicate that the provided parkins is not adequate, mitigAtion will need to be proposed by
the appUcant and approved by the Commission pursuant to Special Review in IlCcOrdanco with
Section 26.64.040(8) of the Munlcipa1 Code. C
2. All material representations made by the applicant in this application and durinl public mcctmp
with the Plannin. and Zoning Commission shall be adhered to and shall be considered conditions
of approval, unless otherwise amended by a Board/Commission having authority to do so.
C. 8040 Oreeolin Review:
That the 8040 Greenline Review for the Kids Stuff Foundation development propOsal on Lot 5 oethe
Stillwater Raalf:h Subdivision meetl the standards of Scction 26.68.030 of the Aspen Municipal Code and is
approved with the following conditions:
111111111111111111111111111111111111111111111111111111
_14 ""all"" U.41A _I-
I ., U II H... D.... N .... PITKIN COUlTT CLIlIIC
.
1. Regarding the horse facUlties:
a) Careful housekeeping. and cleanup of all areas shall occur on a regular, dally basis;
b) Runoff through this area shall be controlled by t;:reating dlvenJon swales to keep nlDotfftom
the .stable area trom travelina oft'me property or into ncarby rivers;
c) One (1) year after commencement oflbc facility's operation. a horse population and water
quality aultitfstudy shall be cooduered by the applicant and submitted to the Community
Development Deparrment for review. If the flnding3 indiclltc dll" the warer quality is below
acceptable levels. a fifty (50) foot buffer from areas that could be easily contamlnared. such
as ilia river. IOo..ycar flood plain and wotlands. will be implemented and maintained to
protect ri~lln vccclation, alluvial soils and groundwater and surface water,
d) An evaluation shall be done to detennine the "carrying capacity" ofttle area for horses as
cDmpared 10 land area available;
c) If coneerns arise. the AspenIPilkin Environm.:ntal Health Department ",serves the right to
require wator quality sampUna:. 81 the owner's oxpcnse~
2. Prior to iSluluu;e of an)' building pcnnits or use of the (ac:Hie)', the applicant shaU provides proof to
the AspenIPitkin Environmental Health Department that proposed mitigation measures are
sufficient to offset increases in PM 10 and traffic caused by the project;
3. At least thirty (30) days prior to issuance ofa building pennit. the plans and specificadons
complete with piping layou~ equipment and mechanical speeifications alona: with desian
calculations, shall bo submitted for review and approval by tho AspenIPitkin Environmental
Health Department;
4. All material representations made by the applicant In this application and during public meettDp
with the Plannina and Zoning Commission shall be adhered to and shan be considered conditions
of approval. unless otherwise amended by a Board/Commission having authority to do so.
D. Stream Margin Review:
That the Stream Margin Review for the Kids Stuff' Foundation development proposal on Lot 5 of the
StillwatlCf Ranch Subdivision meets the standards of Section 26.68.040 of the Aspen Municipal Code and is
approved with the following conditions:
I. The app({cant shan work with the Parks Department to design II fence around tho stable wIth rail
logs that are capable of being dismanded to allow debris associated with nood waters to pass
through the property;
2. The proposed location of the .wimmin& pool and h~rsc stable be moved to at least fifteen (I')
from the edge of lb. top of slope, as detennined by the Aspen Engineering Department. All
portions of all structureslconstrucdon must fall within the approved buUding envelope;
3. If any outdoor lightina Is proposed. said Ugtuina shall be low and downcast with no Upt(..)
directed toward the river or located down the slope. Any and all outdoor lighting wlU feature
down-directional and sharp cut-off fixtures: ' .
4. A plat documentLne the approved building envelope as relat.:d to surveyed infonnadon shall be
:submitted to and approved by the Aspen En.linocrina DcpartmOPt. Thi. plat shall include revised
site sections meeting the standard sel forth by Section :26.68.040(8)(10). and shall be recorded
within 180 days o(stream margin review .pprov"l~
111111I1111111/111111111111 0/11111I11110 111111111111
4_14 "'23J'I87 U._ _1_
1. ., 11 R II." D.... N .... ~ITKIN COUNTY CLER
111111111111111111111111111I1111I11111I111111111111
....14 ./23118117 11._ 01101_
11 .f II II ".'1 D'." " .... "ZTlCZ" COUNTY CLEIl
S. All material representations made by the applicant in this application and during public meetmas
with the Planning and Zoning Commission shall be adhcred to and shall be considered conditions
of approval. unlc:s:s otherwise amended by a BoardICommis.sion havina authority to do so.
E. Rezoning:
That a recommendation to approve the rezonins as requested by the .pplicSIlt, provided the annexation
request is approved. is forwarded to the City Council. That is. tho Commission recommends to Council
that the subject parcel be zoned Academic (A) on the upper benc:h. Conservation (C) on the lower bench.
and Specially Planned Area (SPA) overlayina the entire parcel subject to both the dimensional
requirements adopted by Council chrough the approval ora Specially Planned Area and the parkinS
requirements adopted by the Commission through the approval, wilh. two (2) conditions, orrhe Special
Review request.
F. Specially Planned Area:
That the Commission recommends that Council clesignate Lot S of rhe Stillwater Ranch as a Specially
Planned Area (SPA) and allow for the consol,idation of conceptual and final SPA reviow. The Commission
further recommends tbat Council accepl the following dimensional requirCfllcnts for the Academic (A)
zone disbict poniOD ~fthe SPA:
l. Minimum Lot Size: 6 ceres
Z. Minimum Lot ArcI Per Dwelling Unit: 1.5 acre pcr unit
3. Minimum Lot Width: 200 feet
4. Minimum Front Yard: 30 feet
S. Minimum Side Yard: 20 feet
6. Minimum Rear Yard: 20 fect
7. Maximum Height: 28' to the mId-point of the roof. as measured on aU sides of the building.
except for the east elevation. which shall not exceed 32.5' to the mld.poinL .
B. Minimum Diatlnco Between Principal and Accessory Buildings: No rcquin:lment. exeept that
required by buildlnl cod~_
9. Percent or Open Spaee Required for Building Site: 30 percent
10. _~xlemal Floor ARB Ratio: Floor ar~a shall nOl ex5m.H.oaD-sq~t
11. Intcmil"Floor- Area KaIto: No requirement.
In addition. the Commission recommends th~.. c.ounCiI finds lhat the pr?posed SPA. ~eets all applicable
standards (1-8) of Section 26.80.04O(B)..qnd. auld be approved With the COnqltlon that an SPA plat
shall be approved by the Engineery.& ~JH;Ip'Ie ecorded within 180 days final SPA approval.
'/'.-'0 _ '.:.:.,.... " I'.J_
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O. Gcneml PrOV1Sl0ns: .'. .... J,. ...... ,.., l~",." )
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I. That this Resolution shall no~ be'~oJCf' ~~~iv~~nl(~Ifl'" until the: Ci.ty Counl;i1 approves tho
Petition for Annexation by duly e~di.ci!l1c,_,,"io.clng tbe subject property '0 the City of
Aspen. . ./ t (~,~(l
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2. All material representations made by the appll . ilappllcation and during public meetings
with the Planning and Zoning Commission shall ~ cd to and shall be considered conditions
of approval" unless otherwise amended by a Board/Co minion having authority to do so.
APPROVED by the Commission at its continued meetinB on March II. 1997.
PI.nnlna and Zonine Commission:
~;;f..atc~
J??atd /-y, /9Pr
ll~}nl/U~I,~!I'III!!UII!!l~1111111I111111 ATTACHMENT
I ., II . s.... De." N .... PITKIN COUNTY CLERK
6
cant..
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
APPROVE THE CONCEPTUALlFINAL SPECIALLY PLANNED ~A (SPA)
DEVELOPMENT PLAN AND TO REZONE LOT:; OF TIlE STILLWATER RANCH TO THE
ACADEMIC (A) AND CONSERVATION (C) ZONE DISTRICTS, AND TO GRANT A GMQS
EXEMPTION FOR A NON-PROPIT ENTITY QUALIFYING AS
AN ESSENTIAL PUBUC FACILITY
ORDINANCE No. JL. SERIES OF 1997
WHEREAS, the owner of Lot 5 of the Stillwater Runch Subdivision. Kids Stuff Foundation,
(hereafter uApplicant"') submitted an application (hereafter "Plann) 10 the Comm~nity Development
Department to TClzonC to the Academic and Conservation zone districts and to .designate the property as a
Specially Planned Arca (SPA); and
WHEREAS. the Applicant has also requested approval of a OMQS Exemption to recognize the
Foundation as a nonprofit entity qualifying as an essential public facility pursuant to Section
26.100.050(CX2)(aX(3)) of the Aspen Municipal Code; and
WHEREAS, Lot 5 of the Stillwater Subdivision contains ~pproximateJY 6.457 ac;:res located in
Pitkin ,?ounty. immedlBtely adjacent to the City of Aspen. in t~~~~R,~~~.~_~istrict and
WHEREAS, the City Council, by Resolution No. 68, Series ot" 1996 and Resolution'No. 3. Series
of 1997, at its regular meetings on November 19, 1996 and January 13~ J997~ respectively, did find the
subject pan;cl to be eligiblo for aMcxation. meeting the provisions afthe Municipal Annexation Act of
1965; and
WHEREAS. the Planning and Zoniog Commission reviewed the Plan in aCcordance with those
procedures set forth at Se<;tions 26.92.020 and 26.80.030(A) and (8) of the Aspen Municipel Code and did
f;:o~duct p~blic hearings 'thereon on Ma~h 4, 1997 and March 11 ~ 1997; and
. WI:fEREAS, upon review and consideration of the Plan. agency and public comment thereon. and
those applicable stand;anJs as contained in Chapter 26 of the Aspen Municipal Code, to wit, Section
26.92.020 (Text and Map Amendments) and Section 26.80.040(8) (Development in! a Specially Planned
111111I1111I111111111111111111111 UIIII III 11111 1111 1111
411M14 ..,U,l'" 11,4111 _1__
Z .t 11 II 1l1.1Il D.... N '.1lIl PITKIN CCUNTY ~
Area). the Planning and Zoning Commission reCOin mended approval of the Final SPA Development Plan
and the proposed map amendment by a vote of S-O~ wld
WHEREAS~ pursuant to Resolution 97-04. the Planning nod Zoning Cummission further IJlU1tcd
Special Review appro\"sl for parking Bnd Conditional Use Review approval tor dormitory housing, a health
care facility and a dining hall in the Academic zone district, and a swimming pnol in the Conservation zono
district; and
WHEREAS. pursuant to Resolution 97-04, the Planning and 7...oning Commission further granted
8040 GreenHne Review and Stream Margin Review approvals; nod
WHEREAS, the Aspen City Council has reviewed and cOllsidered thc.Plan under the applicable
provisions of the Municipal Coda as identified herein, has reviewed and considered those recommendations
and approvals as granted by the Plann ing and Zoning Camm ission in Resolution 97-04~ and has taken and
consideR(! public comment at a public hearing; and
WHEREAS, the City Council finds that the Kids Stuff Foundation is u unique insutu!!on which
--.------
e~~8!!:~_~ur c~mmunityl and that des~atin, t~{H:QPcIt)UlSll.-.Specianv _PI~~lned ~benefi~_!tIJ;~'9
r~_s~~~~~~!!!!.O..!.5_~2'_~.~ow~...!!1exJ!!ility to .A~comm_Qdato _th~__yariety of pr.apoKd..u.ses.;.JUd
WHEREAS, tho City Council find. that tho proposed uses at l~".u~r .l!Mm(dcacriba<Hs "Tho
West Part ofLct S" in Exhibit "An) of Lot 5 o(the Stillwater Ranch Subdivision are consistent with the
purp~~~r.~~ ~~~_~~!~_~n~ di~iet &'(0 establish lands for education and cultural activities with attendant
resea~h~ housina and administrative facilities"; and
WHEREAS. the City Council fmda that the proposed uses at tho lower bench (described as "The
East Part of Lot 5" in Exhibit "A.') of Lot S of the Stillwater Ranch Subdivision are eonsistent with the
p~l!m~J?[~.~J;.QM..ervation ZDnQ..dl~to provide areas of low density development to enhance public
recrea~ion. conserve natural resources. encourage the production of crops and animals, and to contain urban
devClIOJ:'.~_!Ilt"; and
2
.
11111/111/1111/111 "llllIlllI/lll 0/1111111111111111111
_14 "/21/1"711,_ DlDZNANCI!
3 .r 11 R ,.... D.... N .... PITKIN COUNTY CLERk
WHEREAS, the City Council finds that proposed housing units will be deed-restricted in
accordance with the housing guidelines, are compatible with surroundIng uses and will have a mini~al
impact on th.e laDd~ and
WHEREAS, the City Council finds thai the proposed use qualifies for a OMQS Exemption as a
nonprofit entity pursuant 10 Section 26.100.050(C)(2)(a)((3)) oflhe Municipal Code; and
WHEREA~ the City Council finds that the Plan is consistent with the goals and elements of the
Aspen Area Community Plan and with the public welfare and the purposes and intent of Chapter 26 of the
Municipal <;:OOe.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Seetlon 1. Pursuant to Section 26.92.020 (Standards of Revicw) of the Aspen Municipal Code. the City
Council finds as follows in regard to the proposed map amendments:
I. The proposed amendments are not in r;ontlict with the provisions of Chapter 26 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed amendments arc compatible with surrounding zone districts and land uses. and will
have a minimal impact on the natural environment.
3. The proposed amendments will promote the public intcrost and character of the City of Aspen.
S""tlnn Z: Pursuant 10 Section 26.92 oflbe Aspen Municipal Code,lbe City of Aspen Zone District Map is
hereby amended to rezone the upper bench of Lot S of the Stillwater Ranch Subdivision, described in
Exhibit "A" as "The Wcst Part of Lot 5," to the Academic zono district wilb a Specially Planned Arc.
(SPA) Overlay, and Ihe lower bench ofLo. 5 of the Stillwater Ranch Subdivision, described in Exhibit "A"
as "The East Part ofLol5," to Ibe Conse,rvation zone district wilb a Specially Planned Axca (SPA) Overlay.
The legal description is attached as Exhibit" A. n
3
.
11111111111I11111111111111111I11111111111I1111I11111111
4...14 M/23I1H7 1104_ OIIDZ_Cl!
4 ., 11 R sl.08 D.... N .... ~ZTKIN COUNTY CLERK
s"otlon 3: PUrsUlUlt to Section 26.1 OO.OSO(C)(2)(a)((J)) of the Aspen Municipal Cod.. the Kids. Stuff
Foundation is hereby granted a GMQS Exemption as D nonproiit entity qualifying as an essential public
facility.
~tlnn 4: Pursuant to the findings set forth in Section I above, the City Council's approval of the Plan is
subject to City Council approval of tile Petition for Annexation by duly enacted Ordinance annexing the
subject property to the City of Aspen. and is subject to the following conditions:
I. The appli,c:ant and tbe City Council shall enter into an SPA agreement binding the real property
to any conditions placed on the development order approving the I1nal development plan.
2. The final development plan. which shall consist of the site plan of the entire site; site
improvement survey of the area being developedt includjng building footprints, utilitiest
easements, and landscaping; building elcvations~ and tbo Specially Planned Area (SPA)
agreement, shall be recorded in the office of the Pitkin COunl):,Clerk and RecoT!l~~. and_~ha1t be
blnding'lfjfcSnltic properly owners subject to the aevcloprriC'ilforacr, thoir !i~~ccsS9rs and assigns,
ana-snanconstitute-the devC:lOpment regulations for the prope~elopment of the property
shall be limited to the uses, density. configuration, and nil other elements aod conditions set forth
on the final development plan and SPA agreement. Failure on the pl1rt of the applicant to record
dle final development plan and SPA agreement within a period of one hundred and oighty (180)
da.ys following its approval by City Council sha.11 render the:: plall invalid. Reconsideration of the
final development plan and SPA agreement hy the Commission and City Council will be
required before its acceptance and recording.
3. The finaJ development plan shall be recorded prior to submiss~ol1 of any building permits for the
proposed housing units.
4. All conditions imposed by the Planning and Zoning Commission'!'l March 11. 1997 Conditional
Use, Special Review. 8040 Greenline. and Stream Margin Review approvals. as outlined in
Resolution 97-04. shall carry forward as conditions of tho City Council approvals granted
pursuant to this Ordinance.
s. No construction or building permits shall be issued until the parcel hns been finally annexed into
the City of Aspen.
6. All material representations made by the applicant in tllO application Rod during public hearinss
shall be adhered lo and considered conditions of approval, unless otherwise amended.
Ser.tfnn ~: 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 afthe ordinances repealed or amended as herein
provided. and the same shall be conducted and concluded under such prior ordinances.
4
.
,
111111I1111111111111111111111I11111111111I11111111I1"1
4esl14 01/23/1117 11.41A ORDINANCE
5 0' 11 R 51... D ..Ie N 0.1e PITKIN COUNTY CLERK
Section 6: lfany SOCtil)U. !iUhSL'Cljoll. sClltenCl,.', cla\l~'. phmNC, or portiun ofthis Ordinance lS for any
reason held invalid or ullconstltuliomll in 11 court ofcomp.~hmtjUl;sdiclion. such portion ah.n be deemed a
separate. distinct and independenl provision 8.no shull not ntlcct the validity of tile remaining portions
thereof.
Sectlon'1: A public I1curing on tilt: OnJinm1l..:t' was held on th~ 14th day of April. J997. at 5:00 p.m. in the
City Council Charnbl.:n;. Aspen Cily Hall, Aspen Clllunad(), l"ifteen (15) days prior to which hearing a public
notice of the same '\'US publisht.-d ill a ncwspallCr of gl.:ncrul circtJlution within the City of Aspen.
Seetlnn 8: This Ordillunce shall not become cfJectivc unles~ anti until rho City Council approves the
Petition for Annexation by duly cnnclcd Ordinance annex.ing the subject propertY to the City of Aspen.
APPROVED AS TO FORM,
APPROVED AS TO CONTENT:
n~\ Sf-
City Attorney
Community Development Director
INTRODUCE I). READ AND ORDERED PUBLISHED n. provided by law, by the City
'-
Council ofthe City of Aspen on th....21' dayof.L2!_.:lt <!-If .1997.
~ t;2 Si!I ~
1.7~ " - I
John "nett. Mayor
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"XatlilOi"S,
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FINALLY "dopted. pOl.sed nnd approved this /1. day o~ 1997.
~ {~____.,.~~ ,34)"
JohQ Bel Mayor
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FRO.1 PAPER CHASE/PAGES 97QS:~83e7"1l2'l
\~Vlloll't"'CAi''''''II. 199-t,.
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_14 ../D/un 11._ OIlDI_
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Alpino Surveys, 'ne.
Post Office 60l< 1730
Aspen. CO/olado 81612
970 925 26iiil-
MARCH 14, 1997
~OS NO. 97-1 KIDS STUP~ FOUNDATION
LEGAL DESCRIPTIONS FOR ~-ZONING OF
LOT 5, STILLWATER RANCH/p.U.D.
DESCRIPTION OF THE WEST PART OF LOT 5
THE WEST PART OF LOT 5, STILLWATER RANCH SUBDIVISIONI
P.U.D., PITKIN COUNTY, COLORAOO MORE PARTICU~RLY
DESCRIBEO AS FOLLOWS,
BEGINNING',AT THE .WEST.CORNER.Ol" SAID LOT 5,
THENCE SOUTH 84.01'42" EAST 199.73 FEET;
THENCE NORTH 09.24'26" EAST 417.59 FEET;
THENCE SOUTH 8'.13'19" EAST 28.00 FEET;
THENCE SOUTH 51"15'00. EAST 65.00 FEET,
THENCE SOUTH 36"30'00" EAST 132.26 FEET,
THENCE SOUTH 327.32 FEET'
THENCE NORTH 77.15'00. WEST 90.00 FEET;
THENCE SOUTH 18.47'00" WEST 246.66 FEET,
THENCE NORTH 30014' 46" WEST 1.92.41 FEET,
THENCE 153.02 FEET ALONG THE ARC OF A NON-TANGENT CURVE
TO THE LEFT HAVING A 'RADIUS OF 60.00 FEF.T AND
WHOSE CHORD BEARS I'I'ORTH 48.03'50" WEST 114.80
FEET'
THENCE NORTH 55.45'00" WEST 45.46 FEET;
THENCE NORTI{ 52"22'39" WEST 46.93 FEET TO THI!; POINT
OF" BEGINN:tNG;
CONTAINING 2.562 ACRES, MORE OR LESS.
DESCRIPTION OF THE EAST PART OF LOT 5
THE EAST PART OF" LOT S, STILLWATER RANCH SUBDIVISIONI
P.U.D., PITKIN COUNTY. COLORADO MORE PARTICULARLY
DESCRISI!;D AS FOLLOWS,
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 51
THENCE SOUTH 00"09'36" WEST 169.99 FEET,
THENCE SOUTH 32"27'17" EAST 73.71 FEET.
JAN. 16.2007 2:00PM
lEONAAO M. OA.TI!!S
R1CHARQAKIi'"-EVlCH
TfDD.QARD~N~ARTZ
DAVID 8. KELLY
MARIA MOHROW
OF COUNSEL.
JOl-lN T K.Ell. Y
ANNe: MARJE MCPI-l!!G
OATES KNEZEVICH GARDENSWARTZ .
LAW OFFICl;S OF
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C,
PROf.'!S'910NAL OORPORIITION
THIRD FLOOR. ASP!N PlA2ABlJILDING
S33 E. HOPKMS AVENue
MPI!N. COLORADO. 81511
January 16, 2007
Little Star Foundation
clo Andrea Jaeger, Director
405 Rancho Milagro Way
Hesperus, CO 81326-8752
Re,' Lot 5 Stillwater Ranch
Dear Ms. Jaeger:
NO. 9248 P. 2
TELEPHONE t97O) lrlG-l700
~ACSJMILe(970l920-1121
dbk@okobw,=1T1
VIA FACSIMILE
(970) 588-3786
I am the attorney for the Stillwater Ranch Open Space Association. At our last annual meeting
held o:n August 2, 2006, the Silver Lining Ranch indicated its desire to sell Lot 5 at Stillwater Ranch for
single family use. This would require a re-zoning from its current academic zoning. The Association
instructed me to prepare a letter indicating that the Association would support a change in zoning on Lot
5 from academic to single family use, but would not support any other rezoning. The plUpose of this
letter is thus to indicate the support of the Stillwater Ranch Open Space Association for a change in
zoning on Lot 5 from academic to single family use. This letter will also confirm that upon the sale of
Lot 5 to a third party and lip,on its rctum to single family zoning, the new owner of Lot 5 would be
entitled to vote as a member of the Association pursuant to the tenns of the Protective Covenants.
Please feel free to contact me with any questions.
DBKlmaf
000!1:00 ~
Sincerely,
OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C.
~~/
John T. Kelly for David B. Kelly
Xili1VHH NOSgO~Vr NNV10HV~ YV& ot:ST aaL LOOo/9T/TO
Vllb
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development DirectorG,lvW\
Sara Adams, Historic Preservation Planner
THRU:
FROM:
RE:
500 West Francis- Subdivision Exemption/Historic Landmark Lot Split, second
reading scheduled for May 29, 2007, First Reading of Ordinance # Ef- Series
of 2007
DATE:
April 23, 2007
SUMMARY: The subject property is a 9,000 square foot lot containing a two story Victorian
and a historic Carriage House along the alley. The applicant requests a Historic Landmark Lot
Split, which will divide the lot into a 6,000 square foot lot (Lot 2)containing the Victorian and
the Carriage House, and a vacant 3,000 square foot lot (Lot I). Setback variances and an
encroachment license are required for existing non-conformities.
The applicant does not propose any development at this time, and the Historic Preservation
Commission (HPC) granted a 500 square foot FAR Bonus to the fathering parcel, with the intent
that it be allocated entirely to the newly created 3,000 square foot vacant lot. HPC found that
granting an FAR Bonus, in this instance, is an appropriate preservation method- primarily
because it removes any future development potential from the historic resources. The HPC also
took into account that over the past year the owners of 500 West Francis have undertaken
extensive rehabilitation of the historic resource. The FAR allocation proposed is as follows:
Fathering Parcel Lot 1 Lot2
Lot Size 9,000 sq. ft. 3,000 sq. ft. 6,000 sq. ft.
Allowable FAR, as 4,080 sq. ft. (for 2 1,093 sq. ft. 2,987 sq. ft.
req u ested by detached dwellings)
aDDlicant
FAR Bonus 500 sq. ft. 500 sq. ft. o sq. ft.
allocation-
GRANTED BY HPC
Unused FAR after N/A 1,593 sq. ft. o sq. ft.
Lot SDlit
APPLICANT: Gell-Mann Murdock Partners, LLP, represented by Rick Knezevich and Anne
Marie McPhee of Oates, Knezevich & Gardenswartz, P.C.
PARCEL ID: 2735-124-10-007.
1
ADDRESS: 500 West Francis Street, Lots Q, R and S, Block 27, City and Townsite of Aspen,
Colorado.
ZONING: R6, Medium Density Residential.
HISTORIC LANDMARK LOT SPLIT
In order to complete a Historic Landmark Lot Split, the applicant shall meet the following
requirements of Aspen Land Use Code: Section 26.480.030(A)(2) and (4), Section
26.470.070(C), and Section 26.415.010(0.)
26.480.030(A)(2), SUBDIVISION EXEMPTIONS. LOT SPLIT
The split of a lot for the purpose of the development of one detached single-family dwelling on a
lot formed by a lot split granted subsequent to November 14, 1977, where all of the following
conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin County Board
of County Commissioners or the City Council, or the land is described as a metes
and bounds parcel which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 24, 1969. This restriction shall not
apply to properties listed on the Aspen 1nventory of Historic Landmark Sites and
Structures; and
Staff Finding:
The property is part of the original Aspen townsite, is not located in a subdivision approved by
the City or the County. The property is not located within a previously approved subdivision,
and the merged lots predate the City's adoption of subdivision regulation.
b) No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.040(A)(1)(c).
Staff Finding:
The applicant proposes to create two lots with this lot split. Both lots conform to the
requirements of lot size and lot area per dwelling unit for and Historic Landmark Properties in
the R-6 (Medium Density Residential) Zone District. This proposal will create one 3,000 square
foot lot and one 6,000 square foot lot, which meets the 3,000 square foot minimum size
requirement for a Historic Landmark Lot Split.
Pursuant to Section 26.420.020 (B)(6)(e) of the Land Use Code, Historic Landmark Lot Split
properties are not required to provide affordable housing mitigation. Staff recommends that City
Council grant GMQS exemption for the Historic Landmark Lot Split.
c) The lot under consideration, or any part thereof, was not previously the subject of a
subdivision exemption under the provisions of this chapter or a "lot split"
exemption pursuant to Section 26.100.040(C)(1)(a); and
2
Staff Finding:
The land has not received a subdivision exemption or lot split exemption.
d) A subdivision plat which meets the terms of this chapter, and conforms to the
requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.470.
Staff Finding:
The subdivision plat shall be a condition of approval. It must be reviewed by the Community
Development Department for approval and recordation within 180 days of final land use action.
e) Recordation. The subdivision exemption agreement and plat shall be recorded in
the office of the Pitkin County clerk and recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
Staff Finding:
The subdivision exemption agreement shall be a condition of approval.
f) In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to application for a
lot split.
Staff Finding:
The two historic resources are located on proposed Lot 2, the 6,000 square foot lot, and do not
require demolition.
g) Maximum potential buildout for the two (2) parcels created by a lot split shall not
exceed three (3) units, which may be composed of a duplex and a single-family
home.
Staff Finding:
Lot 2 contains the two detached historic residences and will not have any available unbuiJt FAR
for improvements. Lot I, the vacant lot, is permitted by underlying zoning to develop one single
family home. This criteria is met.
26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures
for the development of one new single-family dwelling may receive a subdivision exemption if it
meets the following standards:
3
a. The original parcel shall be a minimum of six thousand (6,000) square
feet in size and be located in the R-6, R-15, R-15A, RMF, or 0 zone district.
Staff Finding:
The subject parcel is 9,000 square feet of land and is located in the R-6, Medium Density
Residential, Zone District.
b. The total FAR for both residences shall he established by the size of
the parcel and the zone district where the property is located. The total FAR for each lot
shall be noted on the Subdivision Exemption Plat.
Staff Finding:
Both properties will be limited to residential uses permitted or conditional, as zoned in the R-6
zone district. The total FAR for the fathering parcel is 4,080 square feet, as determined by the R-
6 zone requirements for a 9,000 square foot lot with two detached dwellings. The HPC granted
the 500 square foot FAR Bonus to the fathering parcel, and intends to allocate the entire Bonus to
the vacant lot- this will remove all unbuilt development rights from the historic resources.
The FAR allocation proposed is: Lot I = 1,593 sq. ft. (this includes the 500 square foot Bonus)
and Lot 2= 2,987 sq. ft.
c. The proposed development meets all dimensional requirements of the
underlying zone district. The variances provided in Section 26.415.120(B)(I)(a),(b), and (c)
are only permitted on the parcels that will contain a historic structure. The FAR bonus
will be added to the maximum FAR allowed on the original parcel.
Staff Finding: The applicant does not propose development at this time. As stated in criteria b
above, the applicant is requesting the 500 square foot FAR Bonus to be wholly allocated to the
vacant lot.
Existing nonconformities on the property require setback variances and encroachment license
prior to recordation of the plat. The historic Carriage House encroaches on the alley and the
public Right of Way along North Fourth Street. HPC granted a 0 foot setback for both the east
side yard setback and the rear yard setback for existing historic conditions. The property owners
still need to acquire an encroachment license, which is included as a condition of approval.
RECOMMENDATION: Staff and HPC recommend that Council approve Ordinance # 6,
Series of2007, the request for a Historic Landmark Lot Split at 500 West Francis Street on First
Reading.
RECOMMENDED MOTION: "I move to adopt Ordinance #11., Series of2007, upon first
reading."
CITY MANAGER COMMENTS:
Exhibits: Exhibit A - Application
4
ORDINANCE NO.1j
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT
500 W. FRANCIS STREET, LOTS Q, R, AND S, BLOCK 27 CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel In #:2735-124-10-007.
WHEREAS, the applicants, Gell-Mann Murdock Partners, LLP, represented by Rick
Knezevich and Anne Marie McPhee of Oates, Knezevich & Gardenswartz, P.C., have
requested a Historic Landmark Lot Split for the property located at 500 West Francis
Street, Lots Q, Rand S, Block 27, City and Townsite of Aspen, Colorado; and
WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet
the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4),
Section 26.470.070(C), and Section 26.4l5.010(D.), which are as follows:
26.480.030(A)(2). Subdivision Exemptions. Lot Split
The split of a lot for the purpose of the development of one detached single-family
dwelling on a lot formed by a lot split granted subsequent to November 14,1977, where
all of the following conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on
March 24, 1969; and
b) No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.100.040(A)(I)(c).
c) The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this chapter or
a "lot split" exemption pursuant to Section 26.100.040(C)(I)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to
the requirements of this title, is submitted and recorded in the office of
the Pitkin County clerk and recorder after approval, indicating that no
further subdivision may be granted for these lots nor will additional units
be built without receipt of applicable approvals pursuant to this chapter
and growth management allocation pursuant to Chapter 26.100.
e) Recordation. The subdivision exemption agreement and plat shall be
recorded in the office of the Pitkin County clerk and recorder. Failure on
the part of the applicant to record the plat within one hundred eighty
(180) days following approval by the City Council shall render the plat
invalid and reconsideration of the plat by the City Council will be
required for a showing of good cause.
t) In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to
application for a lot split.
g) Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a
single-family home; and
26.480.030(A)(4). Subdivision Exemptions. Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single-family dwelling may receive a
subdivision exemption ifit meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone
district.
b. The total FAR for both residences shall be established by the
size of the parcel and the zone district where the property is located. The total FAR
for each lot shall be noted on the Subdivision Exemption Plat.
In the Mixed Use zone district, the following shall apply to the calculation of
maximum floor area for lots created through the historic landmark lot split. Note
that the total FAR shall not be stated on the Subdivision Exemption Plat because the
floor area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use,
the maximum floor area will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial/office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor
area for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements
of the underlying zone district. The variances provided in Section
26.415.120(B)(I)(a),(b), and (c) are only permitted on the parcels that will contains a
historic structure. The FAR bonus will be applied to the maximum FAR allowed on
the original parcel; and
26.470.070(C). GMOS Exemption. Historic Landmark Lot Split
The construction of each new single-family dwelling on a lot created through review and
approval of a Historic Landmark Lot Split shall be exempt from the scoring and
competition procedures. The exemption is to be approved by the Community
Development Director, but is not to be deducted from the respective annual development
allotments or from the development ceilings; and
WHEREAS, the Community Development Director reviewed and recommended
approval of the application, finding that the applicable review standards have been met;
and,
WHEREAS, during a duly noticed public hearing on April 11, 2007, the Historic
Preservation Commission recommended, by a 5 to 0 vote, that City Council approve a
Historic Landmark Lot Split at 500 West Francis Street; and,
WHEREAS, pursuant to Sections 26.415.110 and Section 26.480, of the
Municipal Code, the City Council may approve a Historic Landmark Lot Split
Subdivision Exemption during a duly noticed public hearing after taking and considering
comments from the general public and recommendations from the Historic Preservation
Commission (hereinafter HPC) and Community Development Director; and
WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal is consistent with the goals and elements ofthe Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section
26.415.110(A) of the Municipal Code, and subject to those conditions of approval as
specified herein, the City Council finds as follows in regard to the subdivision exemption:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.480 of the Municipal Code, which purposes include: assist
in the orderly and efficient development of the City; ensure the proper distribution
of development; encourage the well-planned subdivision of land by establishing
standards for the design of a subdivision; improve land records and survey
monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consumer protection for the
purchaser; acquire and ensure the maintenance of public open spaces and parks,
provide procedures so that development encourages the preservation of important
and unique natural or scenic features, including but not limited to mature trees or
indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of
rivers and other bodies of water, and, promote the health, safety and general
welfare of the residents of the City of Aspen.
Section 2
Pursuant to the findings set forth in Section I, above, the City Council does hereby grant
a Historic Landmark Lot Split Subdivision Exemption for 500 West Francis Street, Lots
Q, R, and S, Block 27, City and Townsite of Aspen, Colorado with the following
conditions:
I. A subdivision exemption plat and subdivision exemption agreement shall be
reviewed and approved by the Community Development Department and
recorded in the office of the Pitkin County Clerk and Recorder within one hundred
eighty (180) days of final approval by City Council. Failure to record the plat and
subdivision exemption agreement within the specified time limit shall render the
plat invalid and reconsideration of the plat by City Council will be required for a
showing of good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that no further subdivision may be granted for
these lots nor will additional units be built without receipt of applicable
approvals pursuant to the provisions of the Land Use Code in effect at the
time of application;
c. Contain a plat note stating that all new development on the lots will
conform to the dimensional requirements of the Mixed Use zone district,
except the variances approved by the HPC; and
d. Be labeled to indicate that this proposal will create Lot I of 3,000 square
feet in size with 1,593 square feet of floor area, and a Lot 2 of 6,000
square feet in size with 2,987 square feet of floor area.
2. The applicant must attain within 15 days from the effective date of this ordinance
an encroachment license from the Engineering Department for the 19th century
barn structure that sits in the alley and east sideyard Right of Way.
3. GMQS exemption is granted for the Historic Landmark Lot Split.
4. The newly created lots are not required to mitigate for affordable housing, as per
Section 26.420.030.(B)(6)(e) of the Municipal Code.
5. The applicant must refer to the City Engineering Department for required
Sidewalk, Curb, and Gutter requirements appropriate to this site.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A public hearing on the ordinance will be held on the 29th day of May 2007, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 23rd day of April, 2007.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
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OATES. KNEZEVICH, GARDENSWAHTZ & KELLY. P.C.
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January 17, 2007
Jennifer Phelan
City of Aspen
Community Development Department
130 South Galena Street
Aspen. CO 81611
Re: Application for Historic Landmark Lot Split - 500 West Francis
Dear Jennifer,
Enclosed is an application packet for a historic landmark lot split of the Gell-MannJMurdock
Partnership. LLP property at 500 W. Francis (Parcel # 273512410007). Enclosed in the packet is a
memorandum discussing the proposed lot split, pre-application conference summary, signed fee
agreement and check for $1350.00, completed land use application form. general information sheet,
dimensional requirement form, title commitment issued by Pitkin County Title Company, an 8112" x II"
vicinity map, and plat prepared by Aspen Survey Engineers showing the current status of the parcel.
Ten copies of the application packet are provided.
The existing property is 9,000 square feet in size, consisting of Lots Q, R and S on City Block 27
on West Francis Street. We are requesting a lot split whereby the western portion of the property (Lot
Q) is split from the remaining 6,000 square feet (Lots R and S). This split is depicted on the enclosed
Plat. There are two existing buildings, a Victorian era house and a historic carriage house. that are on
the proposed 6,000 square foot lot to the east. The proposed 3.000 square foot lot is currently vacant
and there are no present plans for its development.
This application complies with the review criteria of The City of Aspen Historic Preservation
Design Guidelines. which are intended to protect and preserve historic structures within the City. We
are not requesting any development approvals or modifications to the existing structures for any portion
of the lots. Indeed no physical changes of any sort are envisioned for the property at this time. Rather,
we are simply requesting a lot split to facilitate division of property owned by the Gell-MannJMurdock
Pattnership as a part of the dissolution of that partnership. Consequently. there will be no impact to any
of the existing historic structures at the site and the Historic Preservation Design Guidelines are thus
satisfied.
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Jennifer Phelan
January 17. 2007
Please let me know if you have any questions or need any additional materials. We look forward
to working with your otfice on this matter.
Sincerely.
OATES, KNEZEVICH, GARDENSW ARTZ & KELLY, P.c.
/~ a1f--J:I'/
By /;:;~ /#C~
Anne Marie McPhee
AMMI
Encl.
Oates, Knezevich,
Gardenswartz & Kelly, P.C.
Memo
To: City of Aspen Community Development Department and Historic
Preservation Committee
From: Anne Marie McPhee, Oates, Knezevich, Gardenswartz & Kelly, P.c.
Date: January 17,2007
Re: Gell-MannlMurdock Partners Historic Landmark Lot Split
Applicant: Gell-MannlMurdock Partners, ILP, a Colorado limited liability partnership.
Proiect Location: Historic landmark lot split of property located at 500 West Francis, Aspen,
Colorado 81611, consisting of Lots Q, R, and S of City of Aspen Block 27 (the "Property").
This project seeks to split Lots Q from Lots R and S. The Property's parcel identification
number is 273512410007.
Ownership: The property is owned by Gell-MannlMurdock Partners, ILP, a Colorado
limited liability partnership. There are no other owners, mortgages, judgments or liens against
the property. An AL T A Commitment for Title Insurance for the Property is provided in the
application packet. In addition, copies of the Deed from the City of Aspen and the Easement
Agreement listed in the title commitment are also enclosed in the application packet.
Proiect Description: Applicant seeks a simple historic landmark lot split of the 9000 square
foot lot whereby Lot Q shall be split from Lots R and S. The individual lots are depicted on
the enclosed plat. Lot Q, totaling 3,000 square feet, is vacant. Lots R and S. totaling 6,000
square feet, contain an existing Victorian era house and historic carriage house. No physical
changes to the existing structures or any other portion of the Property are contemplated at this
time. Applicants seek the historic landmark lot split in order to facilitate the division of
property commensurate with the dissolution of the partnership.
Compliance with the Historic Preservation Guidelines: The City of Aspen Historic
Preservation Design Guidelines are intended to protect and preserve historic structures within
the City. This application complies with the review criteria for the design guidelines. The
Applicant is not requesting any development approvals or modifications to the existing
structures for any portion of the lots. Indeed no physical changes of any sort are envisioned
for the property at this time. Rather, the Applicant is simply requesting a lot split to facilitate
division of property owned by the Gell-MannlMurdock Partnership as a part of the dissolution
of that partnership. Consequently, there will be no impact to any of the existing historic
structures at the site and the Historic Preservation Design Guidelines are thereby satisfied.
Additional materials: Other materials submitted in this application packet are:
1. a pre-application conference summary;
2. signed fee agreement and check for $1350.00;
3. completed land use application form;
4. general information sheet;
5. dimensional requirement form;
6. AL T A title commitment and exceptions disclosing ownership of the Property;
7. 8 1/2" x 11" vicinity map prepared by the AspenlPitkin GIS department locating the
property within the City of Aspen; and
8. plat prepared by Aspen Survey Engineers showing the current status of the parcel,
including topography and vegetation.
Please let me know if there is anything further you need. We look forward to working with
you on this project.
. Page 2
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment ofCitv of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and (;ell-Mann/Murdock Partners, LLP
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for
~pl1 M~nn ~lrnnrk P~r~nprQ, TTP HiQ~nrir T~nnm~rk Tn~ ~pli~
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition
precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of
an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT
agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon
notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited
through the greater certainty of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration, unless
current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of$ 1350.00 which is for 6 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to
reimburse the CITY for the processing of the application mentioned above, including post approval review at a
rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days
of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing, and in no case will building permits be issued until all costs associated with case
processing have been paid.
Chris Bendon
Community Development Director
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Date: 8 ':f CIt\., z..oo 1-
CITY OF ASPEN
By:
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02/01/06
Bill To Mailing Address and Telephone Number:
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Land Use Application
.
THE CITY OF ASPEN
PROJECT:
Name:
r,ell-Mann/Murdock Partners, LLP Historic Landmark Lot Split
Location: 500 TJ "T~n~ i Q .
rn R H 11
Aspen Lots 0, Rand S, Jllock 27, Aspen, Pitkin County, Colorado
(Indicate street address, lot & block number or metes and bounds description of property)
Parcel ID# (REQUIRED) 273512410007
APPLICANT:
Name:
~,,"_M_
'Q "P
Address: 500 W. "r~ncis Asnen CO 81611
Phone #:
Fax#:
E-mail:
REPRESENTATIVE:
Name:
Pi~"
"~h & Ann" u. '~M~Phoo O~.eQ Knozevich & "ardenswartz p.C.
Address: 533 E. Hopkins, 3rd "loor, Aspen, CO 81611
Phone #: (970) 920-1700
Fax#: (970) 920-1121
E-mail: rakAokglaw.com;ammaokglaw.com
TYPE OF APPLICATION: lease check all that a
o Historic Designation
o Certificate of No Negative Effect
o Certificate of Appropriateness
o -Minor Historic Development
o -Major Historic Development
o -Conceptual Historic Development
o -Final Historic Development
o -Substantial Amendment
o Relocation (temporary, on or off-site)
o Demolition (total demolition)
[X] Historic Landmark Lot Split
Three contiguous lots with two historic buildings located on Lot S. Lots nand Rare vacan
A historic landmark lot split with no physical changes contemplated. Dlease see the attach
letter for a more thorough description.
FEES DUE: $
General Information
Please check the appropriate boxes below and submit this page along with your application. This information will
help us review your plans and. if necessary, coordinate with other agencies that may be involved.
YES NO
II
JIll:
Does the work you are planning include exterior work; including additions, demolitions, new
construction, remodeling, rehabilitation or restoration?
LI
xki
Does the work you are planning include interior work; including remodeling, rehabilitation, or
restoration?
IJ
xRJ
Do you plan other future changes or improvements that could be reviewed at this time?
LJ
xK!
In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect
and a building permit, are you seeking to meet the Secretary of the Interior's Standards for
Rehabilitation or restoration of a National Register of Historic Places property in order to qualifY
for state or federal tax credits?
LJ
LJ
If yes, are you seeking federal rehabilitation investment tax credits in conjunction with
this project? (Only income producing properties listed on the National Register are
eligible. Owner-occupied residential properties are not.)
LJ
II
If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
L: Rehabilitation Loan Fund U Conservation Easement Program U Dimensional Variances LJ Increased
Density III Historic Landmark Lot Split II Waiver of Park Dedication Fees LJ Conditional Uses
U Exemption from Growth Management Quota System LJ Tax Credits
Project:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
Dimensional Requirements Form
(Item #10 on the submittal requirements key. Not necessary for all projects.)
Gell-Mann/Murdock Partners, LLn Historic Landmark Lot Snlit
r:el1-H:lnn/MltrnnC'k P:lrf"npr~ TTP
500 W. ~rancis, Aspen, CO 81611(Aspen Lots n. R. S. Block 27)
R-6
9000 sauare fe~t (1 A~ppn rif"y Tnf"~)
9000 square feet
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark, easements, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Commercial net leasable:
Number of residential units:
Number of bedrooms:
Existing:
Existing:
Existing:
Proposed:
Proposed:
Proposed:
1\11 Ii
.
N/A
~1/A
N.'~A~
~T/A
~T/A
Proposed % of demolition: N/ A
DIMENSIONS: (write nla where no requirement exists in the zone district)
Floor Area: Existing: N/A Allowable: NtA Proposed: Nt A
Height
Principal Bldg.: Existing: ., Allowable: " Proposed: "
Accessory Bldg.: Existing: " Allowable: 'I Proposed: "
On-Site parking: Existing: " Required: .. Proposed: "
% Site coverage: Existing: " Required: " Proposed: "
% Open Space: Existing: ., Required: Proposed: "
Front Setback: Existing: ' , Required: " Proposed: "
Rear Setback: Existing: ' I Required: " Proposed: "
Combined Front/Rear;
Indicate N. S. E. W Existing: Required: " Proposed: "
Side Setback: Existing: " Required: " Proposed: "
Side Setback: Existing: " Required: " Proposed:
Combined Sides: Existing: " Required: " Proposed: "
Distance between Existing: " Required: " Proposed: "
buildings:
Existing non-conformities or encroachments and note if encroachment licenses have been issued:
Variations requested (identify the exact variances needed):
B 1004-268
~wyersJde
Insumnce @rP.Q,m!lC?.!!
At T A Commitment For Title Insurance
American Land Title Association
(1966)
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3IVFLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-F)lX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS:
Vince Higens-vince@sopris.net
Brandi Jepson-brandi@sopris.net
(Closing & Title Assistance)
CLOSING MATTERS:
TJ Davis-tjd@sopris.net
Joy Higens-joy@sopris.net
Issued By
~wyerslltleInsurance@W~
Home Office:
101 Gateway Celltre Parkway, Gateway Olle
Ric111110Ild, Virginia 23235-5153
1-800-446-7086
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: at 12:00 AM
Case No. PCT21044L
2. Policy or Policies to be issued:
(a) AL TA Owner's Policy-Form 1992
Proposed Insured:
Amount$ 0.00
PremiumS 0.00
Rate: Standard
(b) AL TA Loan Policy-Form 1992
Proposed Insured:
Amount$ 0.00
PremiumS 0.00
Rate:
(c) AL TA Loan Policy-Form 1992
Proposed Insured:
Amount$
PremiumS
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
GELL-MANN/MURDOCK PARTNERS, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
LOTS Q, RAND S,
BLOCK 27,
CITY AND TOWNSITE OF ASPEN
PITKIN COUNTY l1TLE, INC.
601 E. HOPKINS, ASPEN, CO. 81611
970-925-1766 Phonef970-925-6527 Fax
877-217-3158 Toll free
AUTHORIZED AGENT
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
Countersigned:
~
SCHEDULE B - SECfION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
SCHEDULE B SECTION 2
EXCEYfIONS
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page
328 providing as follows: 'That no title shall be hereby acquired to any mine of gold, silver, cinnabar or
copper or to any valid mining claim or possession held under existing laws".
8. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded August 15,
1988 in Book 570 at Page 909.
ADDITIONAL INFORMATION
AND DISCLOSURES
The Owne~s Policy to be issued, if any shall contain the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO BE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective insured in an owne~s title insurance policy for a
single family residence (including a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
materialmens liens, except when said coverage or insurance is extended to the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics'
and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnished to the Company. Upon receipt of these items and any others requirements to be specified by
the Company upon request, Pre-printed Item Number 4 may be deleted from the Owne~s policy when
issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide
mechanics or material mens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or filing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage".
Pursuantto Senate Bill 91-14 (CRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorized Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer by the
Company and the costs thereof charged to the proposed insured unless written instruction to the contrary
are received by the company prior to the issuance of the Title Policy anticipated by this Commitment.
Pursuant to House Bill 01-1088 (CRS 10-11-123)
If Schedule B of your commitment for an Owne~s Title Policy reflects an exception for mineral interests or
leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
(a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals or geothermal energy in the property and
(b) That such mineral estate may include the right to enter and use the property without the surface owners'
permission.
NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either
the Insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
A LANDAMERICA
Dcar LandAmcrica Customcr:
The Financial Services Modernization Act recently enacted by Congress has brought many changes
to the financial services industry, which includes insurance companies and their agents. One of the
changes is that we are now required to explain to our customers the ways in which we collect and
use customer information.
Thc statement attachcd to or on the rcvcrsc side of this Ictter is the privacy policy of the LandAmerica family
of companies. Thc thrce largest membcrs of the family - Commonwealth Land Title Insurance Company.
Lawycrs Titlc Insurance Corporation, and Transnation Title Insurance Company - may issue policies and
handle rcal estate closings in virtually every part of the country. A number of other companies in the family
provide other real estatc services, and some opcrate more locally. You may revicw a list of LandAmerica
companies on our wcbsite (www.landam.com). You may also visit our website for an explanation of our privacy
practices relating to electronic communication.
Our concern with the protection of your information has been a part of our business since 1876,
when the company that is now Commonwealth Land Title Insurance Company issued its first policy.
We will continue to protect the privacy, accuracy, and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Companies
.Title Insurance Companie~: Commonwealth Land Title Insurance Company, Commonwealth Land Tille Insurance Company of New
Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Tille Insurance Corporation, Title
Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York
Relocation and Mortaaues: Commonwealth Relocation Services, CRS Financial Services. Inc., LandAmerica Account Servicing, Inc.
TiPe Auen~: Austin Title Company. ATACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Brighton Title
Services Company, Capitol City Title Services. Inc., CFS Title Insurance Agency, Chaneston Title Agency; Charter Title Company of
Fort Bend, Galveston. and Sugarland: Commercial Settlements, Inc.. Commonweaith Land Title Company: Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington. Congress Abstract Corp.. Cornerstone Residential Tille, Cumberland
Title Company, First Title & Escrow. Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company: Lawyers Title of
Arizona, EI Paso, Galveston. Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company. lion Abstract, Longworth Insured.
Louisville Title Agency of Central Ohio, Lorain County Title Company, Mil Title Agency, NIAlLawyers Title Agency, Oregon Title. Park
Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency. Rainier Tille Company, Residential Abstract.
Residential Title. Rio Rancho Title, Texas Title Company, Title Transfer Service. Inc.. TransOhio Residential Title Agency. Transnation
Title & Escrow, Union Title Agency. University Tille Services. ~Ison Title Company
AiJP!"isallL~ncJ Ancif[arySel',/ices: LandAmerica OneStop, Inc.
Form 3391.6 (May 2001)
LANOAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there
are companies in our family that provide other real estate services to consumers. We collect
information about you, (for instance, your name, address, telephone number), and information about
your transaction, including the identity of the real property that you are buying or financing. We obtain
a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our
title insurance companies then obtain information from the public records about the property so that
we can prepare a title insurance policy. When we provide closing, escrow, or settlement services,
mortgage lending, or mortgage loan servicing, we may get your social security number, and we may
receive additional information from third parties including appraisals, credit reports, land surveys,
escrow account balances, and sometimes bank account numbers to facilitate the transaction. If you
are concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not
share your information with marketers outside its own family. There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within
a family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to
facilitate your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you
to those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your non public
personal information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are
not part of the LandAmerica family may specifically, in writing, adopt our policy statement.
Form 3391-6 (May 2001)
Pitkin County Title, Inc.
Privacy Policy
We collect nonpublic information about you from the following sources:
. Information we receive from you, such as your name, address, telephone
number, or social security number;
. Information about your transactions with us, our affiliates, or others. We
receive this information from your lender, attorney, real estate broker, etc.; and
Information from public records
We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law.
We restrict access to nonpublic personal information about you to those employees
who need to know that information to provide the products or services requested by
you or your lender.
We maintain physical, electronic, and procedural safeguards that company with
appropriate federal and state regulations.
ISSUE!) BY
fu.wyel8l.1tle Insurance ~mt.~Q!!
COMMITMENT FOR TITLE IN5URAl'{CIi
LAWYERS Title Insurance CORPORATION, a Virginia corporation. herein called the company. for valuable consideration, hereby
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in
Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A. upon
payment of the premiums and charges therefor: all subject to the provisions of Schedules A and B and to the Conditions and
Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A hereof by the Company. either at the time of the Issuance of this Commitment or by subsequent
endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder
shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue,
whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall
not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers. the Commitment to become valid when countersigned by an authorized officer or agent of the
Company.
LAWYERS TITLE INSURANCE CORPORATION
Allest r/Ji Il (,/ J Secreta~
[/
~.ra~
President
Conditions and Stipulations
1. The term "mortgage." when used herein. shall include deed of trust. trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien. encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter. the Company at its option may amend Schedule
B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant
to paragraph 3 of these Conditions and Stipulations.
3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in under
taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to
acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed
the amount stated in Schedule A for the policy or policies committed for and such liability is SUbject to the insuring provisions and
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the
status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on
and are subject to the provisions of this Commitment.
AL T A Commitment. 1966
Cover Page
Fonm 1004-268
ORIGINAL
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Ihis Ittd, Made thls_ _.s._~ __ no n un no __ ____ _ day OL_.~~ 1ft the year of OUT Lord one thousand eight hundred and
eighty ~ between M. G. Miller as Coun~ and Probate Ju~e of the County of Pitkin, In the State of Colorado, and successor in office of J.
~uD~.n"nco.u~~:a~~p'~b.a~.~~d.g,o~=~:p't~'n.~~on~~~.l~:~~~:C~n~mum_::.u:::.:u:::::_n:::::=::::-:
of the County of Pitkin and State of Colorado, party of the second part.
WlTNlXSE'l'II, TlLlT WHEREA.S, under the provisions of the Act of Congress, entitled" An act (or the relief of the inhabitants of cities and
tOWDS upon the public lands," approved March 2, 1867, J. W. Deane, as County and Probate Judge of said Pitkin COUDty, in the state aforesaid, did
make a townsite casb entry under date of June 2, 1881, in the United States Land Office at Leadville, Colorado, for the land described as the townsite
of Aspen; said entry being made in trust for the several use and bene6t of the occupants of said townsite according to their respective rights and
interests therein. Which said entry was, by order of the Commissioner of the General Land Office of the United States, made on the 19th day of July,
AD. 1881, suspended, and on the 5th day of May, A. D. 1884, by said Commissioner held forcancclJation.
AND WHEBEJ.8, on the 18th day of July, A. D. 1884, the Honorable Secretary of the Interior of the United States by an order of that date,
allowed said entry to be made.
AND WHEREAS. the United States of America did, by its certain patent deed bearing date of March 3, A. D. 1885, give, grant and convey unto
lhe said J. W. Deane, County and Probate Judge as aforesaid, in trust as aforesaid, and to his successors and assigns in trust as aforesaid, the said tract
above described, to have and to. hold the same, together with all the rights, privileges, immunities and appurtenances of whatsoever nature thereunto
belonging unto the s:1id J. W. Deane, County and Probate Judge as aforesaid, in trust as aforesaid, and to his successors and assigns in trust as aforesaid.
AND WlIEB.EAS. by an act of the General Assemby of the State of Colorado, entitled" An act to provide for the disposal of town lots and the
proceeds of sale in townsites entered upon public 1;lDds," approved the 1St day of March, A. D. 1881, it is provided that when land is entered as aforesaid
the deeds shall be signed by the County and Probate Judge or his successor in office, under his private seal. AND WHltREAS, the said M. G. Miller is
tb~_'~::~:=~'~'i~:=:~:~t;l:~b~~~~~~~:_~::.~::::::::::.::::::::=:::=::=_::.::.::=
legally entitled to lots, blocks and parcels of ground hereinafter described as the rightful occupant thereof, and is entitled to the occupancy and
possession of each and every of said lots, blocks and parcels of land.
NOW, THEREFORE, I, M. G. Miller, County and Probate Judge of Pitkin County, in the State of Colorado, in compliance with the laws'of the
State of Colorado, and by virtue of the premises, and being the successor in office of J. W. Deane, County and Probate Judge as aforesaid, and his
successor in trust, in cOll5ideration 0!t1f:-------..--.-..------...---...-.-----.-------.--..--.-___._.....__.. __.___:.____._..________.u.....____~--.----..---.--- .....--...---.-----------.
premises and the sum of ("___16_.4L._.____u__nm)n~_~~d...d4.:1..L~__~--~-Y:..j-rL---.nmm-'. _______.DOLLARS,
lawful money of tile United States, to me in band paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted,
bar~ined, sold and conveyed, and by these presents do grant, bargain, sell and confirm unto the said party of the second part, all the following
described lots, blocks and parcels of land, situate, lying and being in Aspen townsite and City of Aspen, in the County of Pitkin and State of Colorado,
lo-w't, ~...!!!! .-t.-M- 6&,.~(; ~ Zn;, 'it ~ce ~ tlU-r~C1; ~
<U J2 ~ 'CY.,~ %~E!J t>.rfffjr/-rc 3~ ~.f:.!;/;;~
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~n-tL. ;CC;& /Ca.-n-d-_ ~ 'C.(!"J)p<-:fi ~ M /0":'"
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TO HAVE AND TO HOLD the said land and premises, together with all rights, privileges, immunities and appurtenances of whatsoever nature
~'~:_~":.b"on~~_:,_iOu..~~i::~::_ni:~_u::_~.'u~:l:-~:=~:::-~7':::':::.:".' ....mm.um_::::::.::
~___beirs and assigns forever.
PROVIDED, HOWEVER, that no title shall be . acquired to any mine of gold, silver, cinnabar or copper, or to any valid mining claim or
possession held under existing _ laws; and provided fu _ that this deed is hereby made and declared to be subject to all the conditions, limitations
and restrictions contained in Section 2386 of the Revised Statutes of the United States, so far as the S4me is applicable thereto.
IN WITNDJS WHEREOF, I, M. G. Miller, County and Probate Judge of Pitkin County, in the State of Colorado, successor in office of J. W.
Deane, as aforesaid, have hereunto set my hand alid affixed my private seal the day and year 6rst above written.
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ST~';~T';.F o~':.~:';;DO'},,- [,n~9n.~~r4J._ mmn.u.u...n.mm._.' Nota,y P,bl" in ~d roc
@ said County, in the State aforesaid, hereby :~-iliat M-. G. Miller, personally known to me to be the
. -;(" Ad person whose name is subscribed to the annexed deed, appeared before me this day in person and
(Y'lt1" '-";;J acknowledged that he exc:cuted the same as his voluntary act and deed as County and Probate Judge of
pi- c!J. the County of Pitkin, State of Colorado, for the uses and purposes in said deed set fo
A DW:~~';L"'! h~d ~d notarial ~n~;~r~~:aY oL .. ~n
117 Commloolon upirM~P:ti / riA..- 1A.iL
Filed for record on the0./___~--;:___m.om.__
__day Of/~m__;;;;;___;;;.__~~ 1~8;____at__.I,j.~~0'clOCk_
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Peceptlon No "'l,t, z. (1 L:J
SILVIA DAVIS PITKIN COUNTY RECORDER
BOOt! 570 ~909
EASEMENT AGREEMENT
THIS AGREEMENT, is made as of the date last signed below, by
and between Murray Gell-Mann and Harry B, Gray of the City/Town of
Aspen, County of Pitkin and State of Colorado (the "Owner") and
the City of Aspen, Colorado, a municipal corporation
("the City").
WITNESSETH:
~
WHEREA3, the Owner is a record title holder of that property
in the City of Aspen, County of Pitkin, State of Colorado, more
particularly described in Book 256, Page 433. of the Pitkin
County Clerk and Recorder's Office as follows:
Lots Q, R, S, Block 27, City and Townsite of Aspen
WHEREAS, the City operates the municipal electric systam in
Aspen, Colorado, and desires to obtain from Owner an easement for
an above ground transformer and other similar electrical and
oommunication utility appurtenances upon, under and through the
above-described property.
WHEREAS, the Owner is willing to grant suoh an ~asement.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows;
1. The Owner hereby grants to the City a non-exclusive
perpetual easement for an above ground electric transformer not
to exceed four (4) feet in height from grade, underground utility
lines and other similar electrical and communication utility
appurtenances, over, above, across and under a portion of land
described as follows:
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8llOi 570 ~910
An easement six (6) feet in width, the centerline for
such easement being an underground power line and
transformer pad constructed, the approximate location of
which is shown on Exhibit "An attached hereto, not to exceed
thirty-six (36) square feet in surface area, and extending
six feet below the surface and fourteen feet above the
surface of the described portion of land.
2. The Owner further grants to the City a temporary
construction license over, aoross and under a portion or land
adjaoent to the easement premises not to exceed one hundred (100)
square feet in .rea for the purpose of construction,
~t
installation, repair, alteration and replacement of such utility
appurtenances as shall be placed on th6 easement premises.
Unless extended by Owner, such temporary co~structlon license
shall terminate one year from the date of ,xecution of this
Easement Agreement. \
3. The Owner further grants to the City the right of
ingress and egress to and from said easement over and acrOBS the
lands by available roads and lanes therein or by such route(s) as
the City may determine will result in minimal damage and
inconvenience to the Owner for the purpose of exercising the
rights granted herein.
4. The Owner reserves the right to utilize and enjoy the
above-described land providing the same shall not interfere with
the design, installation, operation, inspection, maintenance,
~
repair, alteration or replacement of the utility appurte~ances.
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Specifically, the Owner may oc-cupy the air spacea.....ove the
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8001l 570 P.!Ui[9U
easement, including the surface areas not immediately occupied by
thE utility appurtenance, provided a minimum vertical clearance
of fourteen (14) feet is prov'ded to the City from grade to any
obstruction. City shall not obstruct the uppermost ten (10) feet
of such vertical esp.ement.
5. The Owner reserves Cor itself, its successors and
assigns the right to relocnte the easement and the utility
appurtenance(s) therein with the consent of the City, which
consent shall not be unreasonably withheld, upon the payment of
all direct and indirect costs of such relocation to the City with
such security for the payment thereof as the City shall require.
6. The Owner warrants that it is a record Owner of the
property described herein and it is agreed that the covenants
herein shall be binding upon the Owner and the respective
successors and assigns of the parties hereto. The Owner further
warrants that the property described herein is free and clear of
all liens and encumbrances Whatsoever, except those held by the
follOWing: Lienholders referred to in Exhibit "B" attached hereto
and incorporated herein by reference.
7. The Owner agrees that the facilities installed by the
City on the property described above shall remain the property of
thn City, and shall be removable at the option of the City. The
City covenants to maintain and repair such utility appurtenances.
The Owner agrees that the City may assign the rights granted to
it hereunder to any assignee who demonstrates sufficient
competence and gives adequate assurances that any work to be
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BOOK 570 .912
performed pursuant to such assignment shall b~ conducted in a
good and workmanlike manner.
R. The City agrees that it will save and hold the Owner
harmless from all claims, causes and actions, suits, damages or
demands whatsoever in law and in equity which may arise out of,
or as a consequence of the negligence of the City, or its
authorized agents, servants or employees, in constructing,
installing, maintaining, repairing and utilizing the easement
premises and subject utility appurtenances,
9. The Owner shall have the right, upon prior written
consent of the City, to grant other non-exclu~lve easements over,
along, or upon the easement premises, provided that such other
easements shall be subject to and shall not interfere with the
easement granted hereby,
10. After the exercise by the City of any of its rights
hereunder, the City agrees to restore and re-vegetate the surface
of the construction area as nearly as possible to the condi tion
and appearance whi~h existed immediately prior to the
commencement of constructln~.
11. The City shall bear the cost of preparation of the
Easement Agreement, property deacriptions, surveying,
engineering, con~ultingt recording documents and real estate
transfer taxes, if any, associated with this transaction. The
Owner shall pay the fees of any attorneys hired by it to revi ew
the easemenG agreement or advise the Owner in any matters
concerning this transaction.
12. The parties hereby stipulate and agree that the value
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of the easement is $1188.00, The City shall pay such amount in
full by mailing or delivering to Murray Gell-Mann a check drawn
jointly to .11 owners of record after delivery to the City's
escrow agent of this fully executed Easement Agreement, which may
be executed in mUltiple part by all owners of reoord.
13. The Owner affirmatively states that it has entered into
this Easement Agreement after haVing had an opportunity to
consult an attorney of their choice and that Owner has signed
this Agreement freely, knowingly and intelligently.
14. This easement is binding uPon the ~"'ccessors,
representatives and aSsigns of the parties and is modifiable only
in a writing signed by the parties.
THE CITY OF ASPEN:
~ ~~
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ayor William Stirling- _.__
STATE OF COLORADO
ATTEST:
,,,' ~ /,/-.,
J:' l}'(/~ t...Lv^,-':,- _~~/\.._
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PITKIN COUNTY, ss.
Subscribed end sworn to before me this ~~ay
1986, by Mayor William Stirling,
My commission expires: /-/7--01{
Witness my hand and offioial seal:.
ofK
DATED:__ J. ;:'3..dL
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BOOK 5~ .914
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ell-H"ann
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Date
J'~l h-z"''7
!lar'ry B. . ray'
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Date
STATE OF ll.l.,,~
COUNTY OF lJ A>jL
The foregoing instrument was acknOwledged before me tltis / 7 .~
day of.,'1tOI....7rl6~..~ t 1986 by -/-j,:J1<!,rl.V S (~,.~y ANiJ /J1c..'.e.:t4y ..jt::.&L"J'T1Ii."l/'v"
Witness my hand and official seal:
My commission expires:
. OFFICIAL SEAL
JILL BANKER
.. NOTARY PUke. CAUFORNIA
LOS NIOflES COUIll\'
,I ., MJQllMI....1lAY26.1990
~ tC>.t.~A-> ~
tary Public
Address: ('oj it' (0..
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EXHIBIT "A"
Electric and Communication Utility Easement
Located on Lot Q
of Lots Q, R, S, Block 27, City and Townsite of Aspen
Beginning at the NW corner of lot Q commencing on the S right of
way line of the alley B10ck 27, said pOint being the point of
beginning, said point being on the H lot line of lot Q, thence
bearing S 140 50' 49" W a distance of 6 feet, thence bearing S 75"
09' 11" E a distance of 6 feet, thence bearing N 14a 50' 49" E a
distance of 6 feet, thence bearing N 750 09' 11" W a distance of
6 feet, this line being the S right of way line of said alley, to
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
PROJECT:
REPRESENTATIVE:
TYPE OF APPLICATION:
DESCRIPTION:
Amy Guthrie DATE: 7/27/06
500 W. Francis Street
Ann Marie @ Oates, Knezevich, and Gardenswartz
Historic Landmark Lot Split
The lot, which is 9,000 squarc fcet in size, is to be split into two parcels. Thc cxisting
Victorian era housc will be rctained on the east lot, along with thc historic carriage
house. A new housc will be constructed in the future on thc west parcel.
The new lots must cach be at Icast 3,000 square fect in size. If the property is
dividcd into a 3,000 squarc foot lot and a 6,000 square foot lot, the 6,000 square
foot parcel can contain two detachcd free markct units if dcsircd and the 3,000
square foot lot can contain one free market residential unit. Any other lot
configuration will allow no morc than one single family house on each parcel. In
all scenarios, the devclopment will still be restricted to the maximum floor area
that is allowed on the "fathering" 9,000 square foot lot.
A 500 square foot FAR bonus can bc requested from thc HPC and, if approved, will bc
addcd to the total floor area that may be allocated bctwcen the parccls. In order to mcet the
standards for a floor area bonus the owner must prove that some outstanding preservation
action is being takcn. For instance, the owner may commit to doing only a very small
addition to the Victorian, may restore fcaturcs of thc house that have been altcrcd in the
past, ctc. The owner must hold a workscssion with HPC prior to a formal hearing in order
to discuss the mcrits ofthc bonus.
HPC will rcview all development on the property, either concurrent with the lot split
application, or at a futurc date. Other landmark benefits, such as setback variances, may be
approvcd.
PROCESS:
Step 1:
Attcnd a workscssion with thc HPC to discuss the FAR bonus requcst if
applicable
Public hearing at HPC for Historic Landmark Lot Split
First reading of a lot split ordinance at Council
Public hcaring and second reading of a lot split ordinancc at Council.
File thc final plat and subdivision exemption agreement
Step 2:
Step 3:
Step 4:
Stcp 5:
land Use Code Section(s)
Historic Landmark Lot Split". Section 26.480.030(A)(2) and (4), Section 26.470.070(C), and Scction 26.415.110
Revicw by:
Public Hcaring:
"Historic Prcservation Commission, . Planning and Zoning Commission, .City Council
Yes, at HPC and sccond reading of the ordinance bcfore City Council. Applicant must post
propcrty and mail notice atlcast 15 days prior to hearing to land owncrs within thrcc hundred
(300) fect of the propcrty subject to the development application. Applicant will need to provide
pro,,! of posting and mailing with a 'iffidavit at the public hearing.
none
$2,700.00
none
$2,700.00 deposit
Rcferral Agencies:
Planning Fees:
Refcrral Agcncy Fees:
Total Fecs:
To apply, submit 12 copies of a complete application on the forms provided by the Community
Development Department, an application fee, and a signed fee agreement.
MEMORANDUM
VII~
TO: Mayor Helen Klanderud and Aspcn City Council
Chris Bcndon, Community Dcvclopment Director ~
FROM:
RE:
Extension of Moratorium on Land U se Applicat!,~s
15t Reading of Emergency Ordinance NoM Series of 2007
Public hearing scheduled for May 29, 2007.
DATE:
April 23, 2007
SUMMARY:
On April 25, 2006, City Council adoptcd Ordinancc No. 19, Scries of 2006, implemcnting a
moratorium on ncw land usc applications in thc City's multi-family, commercial, mixcd-use,
and lodging zone districts. Ordinance 19 provided a termination date of October 31, 2006,
and a process to extend the deadline. On September II, 2006, the moratorium was extended
for an additional four months via adoption of Ordinancc 38, Serics of 2006. On Fcbruary 28,
2007, thc moratorium was cxtcndcd again and is currcntly sct to cxpirc on May 31 st.
The City Council and staff of thc Community Dcvclopmcnt Dcpartment have made progress
towards identifYing policy dircction and thc portions of the Land Use Code nccding
amcndmcnt to implcmcnt such policy. The proposed amcndmcnts to thc Land Use Code are
schcdulcd for public hcaring starting April 23rd. The timc ncedcd to complctc thc public
hearings and commcnsuratc rcvisions may exceed the current termination datc. Dcpcnding
upon when the revisions are adoptcd, thc 30-day period for which ordinanccs arc not
cffcctivc may also cxcced the current termination datc.
Staff strongly rccommends that these changes to the codc bc accomplishcd and be effective
prior to thc cxpiration of the moratorium. In thc altcrnative, staff foresees additional
applications being submittcd and the City not having the proper tools in placc to rcvicw the
applications.
Community Dcvelopmcnt staff is recommending the period of extension of thc moratorium
bc dctcrmincd at thc May 29th public hearing. The ordinance has been draftcd to rcflcct a
one-month extension. This would enable ordinances adopted on May 29th to bccomc
effcctive prior to cxpiration of the moratorium. Staff is not proposing any substantive
amcndmcnts to thc moratorium.
Staff is prosing this ordinance be adopted as an "emergency" ordinancc so that it will become
effective immediately upon passage (as opposcd to a 30-day dclay period). In this way, therc
will not bc a "gap" bctwccn cxpiration of thc current moratorium and the effect of thc
extension. Adoption of an emergency ordinance does not require a public hearing, although
staff will place this item on the public hearing portion thc May 29th agenda.
Staff is recommending adoption of Emergency Ordinance Nom, Series of 2007, upon
first reading,
1
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No.~, Series of 2007, upon first reading as an
emergcncyordinance."
ATTACHMENTS:
None.
2
ORDINANCE NO. :JO
(Series of 2007)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT
TO ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMEDED PURSUANT TO
ORDINANCE NO. 23, SERIES OF 2006, ORDINANCE NO. 38, SERIES OF 2006, AND
ORDINANCE NO.3, SERIES OF 2007.
WHEREAS, the City of Aspen (thc "City") is a lcgally and regularly created, establishcd,
organized and existing municipal corporation undcr the provisions of Articlc XX of the
Constitution of the State of Colorado and the homc rule charter of the City (thc "Charter"); and
WHEREAS, Scction 4.11 of thc Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property, health, pcace, or safcty upon the unanimous vote
of City Council members prcsent or upon a votc of four (4) Council members; and
WHEREAS, thc City of Aspcn currently regulatcs land uses within thc City limits in
accordance with Chapter 26.104 et seq. of the Aspcn Municipal Codc pursuant to its Homc Rulc
Constitutional authority and thc Local Governmcnt Land Use Control Enabling Act of 1974, as
amended, ~~29-20-101, et seq. C.R.S; and
WHEREAS, the City Council of the City of Aspen enactcd a temporary moratorium
pursuant to Ordinancc Number 19, Serics of 2006, as amcndcd pursuant to Ordinancc Number 23,
Serics of 2006, Ordinance Number 38, Serics of 2006, and Ordinancc Number 3, Series of 2007;
and,
WHEREAS, Section 7 of Ordinance Number 19, Series of2006, allows for the termination
date ofthc moratorium to be cxtended by City Council through the adoption of an ordinancc; and,
WHEREAS, the City Council rcaffirms the reasons for implementing thc moratorium,
specifically that recent land usc applications seeking Development Orders in various City Zonc
Districts do not appcar to bc consistcnt with thc goals and vision as expressed by thc 2000 Aspen
Area Community Plan and arc having the following ncgative effects upon the community:
· The pacc of construction in the community is far too great for thc community to
properly absorb and for thc City to properly service; and
· The pacc of construction is having deleterious impacts upon thc City's resort
cconomy; and
· Thc community is not achicving thc affordable housing goals as set forth in thc
Aspen Arca Community Plan; and
· Thc recently enactcd amendmcnts to the Land Usc Code commonly rcferred to as
the "infill code amendmcnts" are not having the dcsircd cffects upon dcvclopment
activity in thc community; and
Ordinance No. _'
Series of 2007.
Page 1
· Recent dcvelopment activity indicates tltat locally serving busincsscs are being
ncgatively impactcd thereby losing an essential character to tlte City's rctail
cconomy; and
· Construction traffic and activity within the City has had, and will continuc to havc, a
delcterious impact upon tlte healtlt, safcty and wellbeing of thc City's residents and
guests;
and,
WHEREAS, the City Council and the Community DeveIopmcnt Department requirc an
additional pcriod of time in which to review all existing land use codcs and regulations as tltey
affect land use dcvelopment in certain Zonc Districts witltin tlte City of Aspen to ensurc tltat all
land use development proceeds in a manner that is consistent witlt thc Aspen Area Community
Plan; and
WHEREAS, thc City Council and tlte Community Development Departmcnt require an
additional period of time in which to conduct a tltorough analysis and assessment of tltc Land Use
Code and regulations affecting the developmcnt of land witltin certain Zonc Districts of tlte City of
Aspen witlt particular attention to tltose recent Land Use Codc amcndments commonly rcferred to
as "infill codc amendments;" and
WHEREAS, the City Council and tltc Community Developmcnt Department require an
additional period of time in which to investigatc metltods and procedures to bctter pacc the
construction activity in tltc City including, but not limited to, tlte implementation of a system by tlte
City's Building Departmcnt to control the issuancc of building permits; and,
WHEREAS, thc City Council has determined that it is necessary to declare an emergency
for tltc preservation of public propcrty, health, peace, and safety with tlte extension of tlte
termination datc of a moratorium; and,
WHEREAS, an extension of tlte moratorium termination date will enable a reasoned
discussion of the desired character and rate of development and redcvelopment and consideration of
amcndments to tlte Land Usc Codc witltout crcating a rush of devclopment applications and thc
rclated impacts upon tlte community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1 - Extension of Moratorium Termination Date:
Thc termination datc of tltc temporary moratorium cnactcd through tlte adoption of Ordinance
Number 19, Series of 2006, as amendcd pursuant to Ordinancc Number 23, Series of 2006,
Ordinance Number 38, Series of 2006, and Ordinance Number 3, Serics of 2007, is hereby
cxtcnded to terminatc on June 30, 2007.
Ordinance No. _,
Series of 2007.
Page 2
Section 2 - No Chane:es to Moratorium:
Ordinance Number 19, Serics of 2006, as amended pursuant to Ordinance Number 23, Series of
2006, Ordinance Number 38, Series of 2006, and Ordinancc Number 3, Serics of 2007, shall
continue in its full forcc and effect and nothing in this Ordinance shall bc construed to alter the
substantivc content of said Ordinances, exccpt for the extension of the termination datc as dcscribed
in Section I of this ordinancc.
Section 3 - Emere:encv Declaration
It is hereby declared that, in the opinion of the City Council, an emergency exists; thcrc is a nccd for
the immcdiatc preservation of the health, safety, pcace, and welfarc of thc City of Aspen, its
residents, and guests; and, this temporary moratorium provides the timc ncccssary to prcpare a
review of all currcnt land use and building code regulations and for the City Council and staff of thc
City of Aspen to consider amendments, if any arc rcquired, to the Land Usc Code or Building Code
ofthc Aspen Municipal Code.
Section 4 - Effective Date.
This Ordinance shall bccomc cffective immediately upon passagc.
Section 5 - Publication.
The City Clerk is directed that publication of this ordinance shall be madc as soon as practical and
no later than ten (10) days following final passagc.
Section 6:
This Ordinance shall not affect any cxisting litigation and shall not operate as an abatement of any
action or proceeding now pending undcr or by virtuc of the ordinanccs rcpcalcd or amcnded as
hercin provided, and the same shall be conducted and concluded under such prior ordinanccs.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinancc is for any rcason
held invalid or unconstitutional in a court of compctent jurisdiction, such portion shall bc dcemed a
scparate, distinct and indcpendcnt provision and shall not affect the validity of the remaining
portions thereof.
Thc City Clerk is directed, upon the adoption of this ordinancc, to rccord a copy of this ordinance in
thc office of the Pitkin County Clerk and Rccorder.
Section 8:
A public hcaring on this ordinance shall be hcld on thc 29th day of May, 2007, at a mceting ofthc
Aspcn City Council commencing at 5:00 p.m. in thc City Council Chambers, Aspen City Hall,
Aspen, Colorado.
Ordinance No. _'
Series of 2007.
Page 3
INTRODUCED AND READ as provided by law as an emergency Ordinance by the City Council
oftlte City of Aspen on the 23rd day of April, 2007.
Helcn Kalin Kianderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passcd and approved t1tis
day of
,2007, by
t1te unanimous vote of all City Council membcrs present; or
a vote of four (4) council members.
Helen Kalin Klandcrud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Ordinance No.
Series of 2007.
Page 4
MEMORANDUM
Villa-
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Joyce Allgaicr, Dcputy Dircctor
RE: South Aspen SubdivisionlPUD Extension of Vested Rights, Resolution No.2i
Series 2007, Public Hearing
DATE: April 23, 2007
ApPLICANT /OWNER:
Aspcn Land Fund II, LLC
REPRESENTATIVE:
Sunny Vann, Vann Associates, LLC
LOCATION:
West side of South Aspen Street near the
base of Aspen Mountain (the legal
description is included in the
Application).
CURRENT ZONING & ApPROVED USE
Land R-15 Zone District with a Lodge
and PUD Overlay, approved for fourteen
(14) fcc-market rcsidential units and
seventeen (17) affordable housing units.
PROPOSED LAND USE:
The vested rights applies to the 14 unit frec
market/!7 unit AH residential projcct. Thc Lodge
At Aspen Mountain project is proposed for the
sitc as a currcnt land usc application.
STAFF RECOMMENDA TlON:
Approval with Conditions.
SUMMARY:
The Applicant requests a one year extcnsion of
thcir vcstcd rights with rcgard to the existing
approval for a free-markct and affordablc
housing rcsidcntial dcvclopment. This project
would be built if thc proposed
lodge/fractional/free market project does not
move forward.
LAND USE REOUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval:
. Extension or Reinstatement of V cstcd Rights to cxtcnd thc cxisting vested rights of thc
approvcd rcsidcntial projcct to July 28, 2007, pursuant to Land Usc Codc Section
26.308.010 C., Extension or Reinstatement of Vested Rights. (Citv Council is final
review authority who may approve or dcny thc proposal).
PROJECT SUMMARY:
The Applicant has requested an extension of thcir vestcd rights for thc projcct approved by
Ordinance No. 32, Series 2003, which allows thc applicant to develop the site with fourteen (14)
free-market residential units and scventeen (17) affordable housing units. The ordinance vested
the approval until July 28, 2006, which was then extended to July 28, 2007 through Resolution
No. 36, Series of2006. Since the approval ofthc ordinancc, an alternative development proposal,
"Thc Lodgc At Aspcn Mountain", has bccn submitted to City Council, has rcccivcd conceptual
approval and is in the process of Final PUD review with the City Council.
STAFF COMMENTS:
VESTED RIGHTS EXTENSION:
Thc Applicant is requesting an cxtcnsion of their vestcd rights for one year (July 28, 2007)
pursuant to Scction 26.308.010 C. of the City's Land Use Code.
The Applicant is requesting the proposed one year extension of their vested rights because, "the
Applicant cannot allow the residential project's vested rights to expire as the property's
financing was made in reliance of the existing approvals. " Staff believes that the City would be
better served with a hotel at this location rather than a purely residential development. It is in
the City's best interest to add to its lodging bedroom base. Therefore, Staff believes that the
proposed extension of vested rights would benefit the City by encouraging the Applicant to
pursue final application of the hotel development in the near future.
RECOMMENDATION:
Staff recommends that thc City Council approve thc requested extension of vcstcd propcrty
rights for onc year and establish an cxpiration date of July 28, 2008 for the South Aspen
Subdivision/PUD with thc following conditions:
1. That thc provisions, conditions and rcquirements of Ordinance No. 32, Series
of 2003, are in full forcc and effect; and
2. That thc establishment hcrcin of a vcsted property right shall not preclude the
applications or rcgulations, which are gcncral in nature, and are applicablc to
all property subject to land use regulation by the City of Aspen including, but
not limitcd to, building, fire, plumbing, electrical and mechanical codcs, and
all adopted impact fccs. The developcr shall abide by any and all such
building, fire, plumbing, electrical and mechanical codes, and impact fees
that are in effect at the timc of building permit, unless an cxcmption
therefrom is granted in writing.
3. That this resolution allows for thc cxtcnsion of vested rights to July 28, 2008.
RECOMMENDED MOTION (ALL MO~WNS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Rcsolution No.2-...1, Scries of 2007, approving with a condition, a one (I)
ycar cxtcnsion of Vcstcd Propcrty Rights for the South Aspen Subdivision/PUD as was
originally approved by Ordinance No. 32, Series of 2003. The new expiration date will be July
28,2008."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
EXHIBIT A - Review Criteria and Staff Findings
EXHIBIT B - Application
Exhibit A
EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS
Section 26.308.010.C., Extension or Rcinstatement of Vested Rights, ofthc City Land Use Code
providcs that dcvclopmcnt applications for an extension of Vestcd Rights may be approvcd in
accordance with the following standards and requirements.
1. In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement;
Staff Findinf!:
The Applicant has until July 28, 2007, based on a number of administrative extensions
that were granted, to record the final plat, final PUD plan, and Subdivision/PUD
agreement, which is required as part of Ordinance No. 32, Series 2003. The Applicant
has submitted the required final plans and documents for recordation for the South
Aspen Street Subdivision/PUD. The applicants are also preparing construction drawing
plan sets so that they may submit for a building permit should the extension of the vested
rights for this residential project not be granted. Staff does not believe that there are any
outstanding conditions of approval that have to be met prior to applying for an extension
of Vested Rights. Stafffinds this criterion to be met.
b. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit, and the expenditures made by
the applicant in pursuing the project;
Staff Findinf!:
The applicants have submitted their final recordation documents for review and
recordation as noted in (a) above. The Applicant has not avvlied for building permits for
the approved residential development (however, building staff has been working with the
applicant's architect so we, as staff, know these plans are now underway). The
applicants have undoubtedly made sizable expenditures in pursuing the entitlements for
the residential project. The Applicant has also made efforts to proceed with pursuing
approval for The Lodge At Aspen Mountain which they see as a preferred development
alternative. As such, the Applicant has diligently worked on gaining the approvals
necessary to develop the site with a hotel rather than construct a solely residential
development; however, the Applicants want to protect their rights that are already
vested. Staff finds this criterion to be met.
c. The nature and extent of any benefits already received by the city as a result of
the project approval such as impact fees or land dedications;
Staff Findinf!:
Outside of the application processing costs incurred by the applicant with respect to City
Land Use Application Fees and Referral Fees, there have been no benefits already
received by the City as a result of project approval such as impact fees or land
dedication. Impact fees are collected at the time of building permit issuance. Staff finds
this criterion to be met.
d. The needs of the city and the applicant that would be served by the approval of
the extension or reinstatement request.
Staff Findinrz:
Staff believes that Ihe City would be better served with a hotellfractional project at this
loca/ion rather than a purely residential development. It is in the City's best interest to
add to its lodging bedroom base. If the extension were granted, Ihe applicants have
represented that they will pursue the hotellfractional development. If the extension were
denied, the applicants have indicated that they would construct the all-residential
development by applying for building permits prior to the expiration of vested rights.
There is the possibility that the applicant would not pursue permits and determine that
another land use application was their best alternative. In evaluating the situation, Staff
believes that the extension of vested rights would benefit the City by encouraging the
applicant to continue to pursue final application of the hotel development in the near
future. Stafffinds this criterion to be met.
Exhibit A
EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS
Section 26.308.0JO.C., Extension or Rcinstatcmcnt ofVcstcd Rights, ofthc City Land Use Code
providcs that developmcnt applications for an cxtcnsion of vcstcd rights may bc approvcd in
accordance with t1te following standards and requirements.
1. In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not limited to, the following criteria:
a, The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement;
Staff Findinl!:
The Applicant has until July 28, 2007, based on a number of administrative extensions
that were granted, to record the final plat, final PUD plan, and Subdivision/PUD
agreement which is required as part of Ordinance No. 32, Series 2003. The Applicant
has submitted the required final plans and documents for recordation for the South
Aspen Street Subdivision/PUD. The applicants are also preparing construction drawing
plan sets so that they may submit for a building permit should the extension of the vested
rights for this residential project not be granted. Staff does not believe that there are any
outstanding conditions of approval that have to be met prior to applying for an extension
of vested rights. Staff finds this criterion to be met.
b. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit, and the expenditures made by
the applicant in pursuing the project;
Staff Findinl!:
The applicants have submitted their final recordation documents for review and
recordation as noted in (a) above. The Applicant has not aoolied for building permits for
the approved residential development (however, building staff has been working with the
applicant's architect so we, as staff, know these plans are now underway). The
applicants have undoubtedly made sizable expenditures in pursuing the entitlements for
the residential project. The Applicant has also made efforts to proceed with pursuing
approval for The Lodge At Aspen Mountain which they see as a preferred development
alternative. As such, the Applicant has diligently worked on gaining the approvals
necessary to develop the site with a hotel rather than construct a solely residential
development, however, the Applicants want to protect their rights that are already
vested. Staff finds this criterion to be met.
c. The nature and extent of any benefits already received by the city as a result of
the project approval such as impact fees or land dedications;
Staff Findinl!:
Outside of the application processing costs incurred by the applicant with respect to City
Land Use Application Fees and Referral Fees, there have been no benefits already
received by the City as a result of project approval such as impact fees or land
dedication. Impact fees are collected at the time of building permit issuance. Staff finds
this criterion to be met.
d. The needs of the city and the applicant that would be served by the approval of
the extension or reinstatement request.
Staff Findinf!:
Staff believes that the City would be better served with a hotel/fractional project at this
location rather than a purely residential development. It is in the City's best interest to
add to its lodging bedroom base. If the extension were granted, the applicants have
represented that they will pursue the hotel/fractional development. If the extension were
denied, the applicants have indicated that they would construct the all-residential
development by applying for building permits prior to the expiration of vested rights.
There is the possibility that the applicant would not pursue permits and determine that
another land use application was their best alternative. In evaluating the situation, Staff
believes that the extension of vested rights would benefit the City by encouraging the
applicant to continue to pursue final application of the hotel development in the near
future. Stafffinds this criterion to be met.
RESOLUTION NO. 1- q
(Series of 2007)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE (1)
YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.
32, SERIES OF 2003 AND EXTENDED BY RESOLUTION NO. 36, SERIES OF 2006,
FOR THE SOUTH ASPEN STREET SUBDIVISIONIPUD APPROVAL, BEING A
PARCEL OF LAND DESCRIBED AS PARCELS 1,2, AND 3, OF THE SOUTH
ASPEN STREET SUBDIVISIONIPUD, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-131-13-001 (Parcell)
Parcel No. 2735-131-14-003 (Parcel 2)
Parcel No. 2735-131-23-001 (Parcel 3)
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, reprcsentcd by Sunny Vann, of Vann and Associatcs,
requesting approval of a one (I) ycar cxtcnsion of tlte vested rights granted for the Soutlt
Aspen Street Subdivision! PUD pursuant to Ordinance No. 32, Series of2003; and,
WHEREAS, City Council adoptcd Ordinance No. 32, Series of 2003, which
approved a subdivision/PUD and awarded Vested Property Rights status for the
dcvelopment of fourtccn (14) free-market residential units and scvcnteen (17) affordablc
housing units until July 28, 2006 and such vesting of rights was cxtcnded to July 28,
2007 through Resolution No. 36, Scrics of2006; and,
WHEREAS, the applicant submitted the application for cxtcnsion of vested
propcrty rights on March 7, 2007, before thc vested rights cxpircd; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an extension ofvcstcd rights after a public hcaring is
held and a rcsolution is adopted; and,
WHEREAS, thc Community Dcvelopment Director has revicwcd tlte application
and rccommendcd approval of a one (1) year extension of vcsted rights for the South
Aspen Street Subdivision! PUD; and,
WHEREAS, tlte Aspen City Council has reviewed and considered thc requcsted
cxtension of vcsted rights for tlte South Aspcn Strcet Subdivision! PUD under tlte
applicablc provisions of tlte Municipal Codc as idcntified herein, has revicwed and
considcrcd the recommendation of the Community Development Director, and has taken
and considered public comment at a public hcaring; and,
WHEREAS, tlte City Council finds tltat tlte extension of vested rights proposal
mcets or excccds all applicable land use standards and that tltc approval of tlte extension of
vested rights proposal, witlt conditions, is consistcnt with tlte goals and elemcnts of tlte
Aspen Arca Community Plan; and,
WHEREAS, tltc City Council finds tltat this Rcsolution furthers and is necessary
for tltc promotion of public health, safety, and wclfarc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a onc (1) ycar extension of vested rights as
approved by Ordinance No. 32, Series of 2003 for parcels I, 2, and 3, of tlte Soutlt Aspen
Street Subdivision/PUD, City and Townsite of Aspcn for tlte Soutlt Aspen Street
Subdivsion/PUD witlt tlte following conditions:
1. That the provisions, conditions and requircmcnts of Ordinance No. 32,
Series of 2003 arc in full force and cffcct; and
2. That the establishment hcrcin of a vcstcd property right shall not
preclude the applications or regulations which are gencral in nature and
are applicablc to all property subjcct to land use rcgulation by the City
of Aspcn including, but not limited to, building, fire, plumbing,
electrical and mechanical codes, and all adopted impact fees. Thc
developer shall abide by any and all such building, firc, plumbing,
clcctrical and mechanical codcs, and impact fecs that are in cffcct at the
time of building permit, unlcss an exemption tlterefrom is granted in
writing.
3. That this resolution allows for the extension of vested rights to July 28,
2008.
Section 2:
All material representations and commitments made by tlte applicant pursuant to the
dcvelopment proposal approvals as herein awardcd, whetlter in public hcaring or
documentation presented bcfore tlte City Council, arc hereby incorporated in such plan
dcvclopment approvals and tlte same shall be complied with as if fully set forth herein,
unlcss amended by an autltorized entity.
Section 3:
This rcsolution shall not affcct any existing litigation and shall not operatc as an abatemcnt
of any action or procceding now pending under or by virtue of tlte ordinances repcalcd or
amended as herein provided, and tltc same shall bc conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, c1ausc, phrasc, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall bc dcemcd a separatc, distinct and independent provision and shall not affcct the
validity of the remaining portions thereof.
Section 5:
A duly noticed public hearing on this rcsolution was conducted by the Aspcn City Council
on thc 23rd day of April, 2007, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a _to_ L-.J vote on this 23rd day of
April, 2007.
Approved as to form:
Approved as to content:
John P. Worcester, City Attorney
Helen Kalin K1anderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
VANN ASSOCIATES, LLC
Planning Consultants
March 5, 2007
HAND DELIVERED
Ms. Joyce Allgaier
Aspen Community Dcvclopment Department
130 South GaIcna Street
Aspen, CO 81611
Re: South Aspcn Street Subdivision/PUD Vested Rights Extension
Dear Joyce:
Please consider this letter an application to extend the vested rights for the South
Aspcn Subdivision/PUD, a frce market residential/affordable housing project which
has been approved for dcvelopment on two parcels of land located on the west side of
South Aspcn Street near the basc of Aspcn Mountain (see Exhibit I, Pre-Application
Conference Summary, attached hereto).
The application is submitted pursuant to Section 26.308.01O.C. of the Aspen Land
Use Regulations by thc owner of the property, Aspen Land Fund II, LLC (hereinaf-
ter "Applicant"), a Colorado limited liability company (sec Exhibit 2, Title Commit-
ment). Permission for Vann Associates, LLC, to represcnt thc Applicant is attachcd
as Exhibit 3. A land use application form, application fee agreement, and a list of
property owners located within three hundred feet of the project site are attached as
Exhibits 4, 5 and 6, respectively.
Final PUD approval was grantcd by thc City Council on July 28, 2003 pursuant to
Ordinance No. 32, Series of 2003 (see Exhibit 7). While thc approval is currently
vcstcd until July 28, 2007, the project's final plat, PUD development plan, and
subdivision/PUD agreemcnt were to have been recorded no Iatcr than January 24,
2004. This dcadline, however, was extended by Julie Ann Woods at thc Applicant's
request until January 24, 2005. An additional one year extcnsion, which was granted
by Chris Bendon on December 13, 2004, extended the recordation deadline until
January 24, 2006. Additional extensions wcre granted by Chris on November 19,
2005; March 7, 2006; and on July 26, 2006 which extended the deadline until March
25,2006; July 28,2006; and July 28, 2007, respectively. Copies of the various
extensions are attached hereto as Exhibit 8.
230 East Hopkins Ave. . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
Ms. Joyce Allgaier
March 5, 2007
Page 2
All of t1te recordation deadline extcnsions werc granted to accommodate t1te City's
ongoing review of an alternative project for the property. As you know, the City
Council is scheduled to commence its review of Aspen Land Fund's application for
final PUD approval for a mixed use hotel/fractional ownership project on the Soutlt
Aspen Street property on March 12,2007. WhiIc thc Applicant's residcntiaI approval
will be terminated following Council's approval of the hotel project, it is unclear how
long t1te Council review process will take. Should t1te hotel project not be approved,
or be approved in a manner which is infeasible to dcvcIop, thc Applicant will have no
choice but to proceed with the previously approved residential project.
The Applicant cannot allow the residential project's vcstcd rights to expire as t1te
property's financing was made in reliancc on the existing approvals. Absent approval
of the requested cxtension, the Applicant will have no choice but to obtain a building
permit and commence construction of the residcntial projcct in order to maintain t1te
prior approval's vested rights status. Thc commencement of construction by July 28
of this year will also require the issuance of a demolition permit for the Mine Dump
Apartments. As a prerequisite to demolition, the Apartments' asbestos must be
mitigated which will require the removal of its tenants. To meet its construction
schedule, the Applicant would have to give notice to the tenants by t1te end of this
montlt.
Pursuant to Section 26.308.0l0.C. of thc Regulations, the City Council may by
resolution at a public hearing approve an cxtcnsion of vested rights. The specific
review critcria which the Council shall consider, and the Applicant's response thereto,
are summarized below.
1. The applicant's compliance with any conditions requiring performance
prior to the date of application for extension or reinstatement.
Section 2 of Ordinance No. 32, Series of 2003, rcquires the Applicant to
record a final PUD development plan, a PUD agrcement, and a subdivision
plat memorializing the South Aspen Strcct SubdivisionlPUD's development
approval. As discussed above, the recordation of thcse documents has been
postponed scveraltimes to allow thc City's review and consideration of the
alternative hotel project. Both the Applicant and t1te City havc consistently
indicated that a hotel is the preferred development altcrnative for t1te property.
The Applicant, howcver, is now preparing the required recordation documents,
and expects to record them in sufficient time to permit the issuance of a
building permit and the commencement of construction prior to the July 28,
2007 expiration of t1te project's vested rights.
Ms. Joyce Allgaier
March 5, 2007
Page 3
2. The progress made in pursuing the project to date including the effort to
obtain any other permits, including a building permit, and the expendi-
tures made by the applicant in pursuing the project.
The Applicant has not actively pursued the residential project to date as all
efforts have been concentrated on tlte alternative hotel project.
3. The nature and extent of any benefits already received by the City as a
result of the project approval such as impact fees or land dedications.
No impact fees have been paid to date by thc Applicant witlt rcspect to tlte
residential project.
4. The needs of the City and the applicant that would be served by the
approval of the extension or reinstatement request.
No community benefit would result by rcquiring the Applicant to obtain a
building permit and commence construction of tltc rcsidcntial project when the
preferred altcrnative is a new mutually acccptablc hotel. To the contrary, the
Applicant's submission of a building permit application will unnecessarily
burden the Community Development and Building Departments, and the
commencement of asbestos removal at the Minc Dump Apartments will result
in the prematurc rcmoval of the Apartments' tenants.
Both the City and the Applicant would best be served by thc granting of an
appropriatc cxtension of the residential project's vested rights. An extension
would permit the completion of thc City's review of the Applicant's final PUD
application for the hotcl project witltout the distractions that will inevitably
occur in connection with the recordation of the residcntiaI project's PUD
documents, the displacement of thc Mine Dump Apartments' tcnants to
accomplish asbcstos mitigation and demolition, and thc commencement of con-
struction.
A one year extension is requested. If approvcd, the new deadlinc for thc expiration
of the residential project's vested rights would be July 28, 2008. The extension
should allow sufficient time to complete the review of the final PUD application for
the proposed hotel project and to prcparc and record the various documents memorial-
izing its approval. Pleasc note that the PUD agreement for tlte hotcI project will
vacate and abandon all prior approvals associatcd with the residential project, the
recordation of which will occur prior to July 28, 2008 if a mutually acceptable hotel
project is approved.
Ms. Joyce Allgaier
March 5, 2007
Page 4
Should you have any questions, or if I can be of any further assistance, please do not
hcsitate to call. Your timely scheduling of this application for consideration by tlte
City Council would be sincerely appreciated.
Yours truly,
VANN ASSOCIATES, LLC
ann, AICP
SV:cwv
Attachments
cc: John Sarpa
Arthur C. Daily, Esq.
c:\oldc\bus\city.app\app45303.jal
EXHIBIT
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
~
j
/
PLANNER:
PROJECT:
REPRESENTATIVE:
TYPE OF APPLICATION:
DESCRIPTION:
Joyce A1lgaicr, 429-2754 DATE: 3/5/07
South Aspen Street PUD Vested Rights Extension
Sunny Vann
Vested Rights Extcnsion
The Applicant would likc to cxtend thc vcsted rights that were granted to thc South
Aspen Street PUD in Ordinance No. 32, Series of 2003. Thc Applicant has indicated a
desirc to cxtcnd the vested rights by one year to provide additional time for application
preparation and City review of thc Lodgc at Aspen Final POO that is proposcd on the
same site as the approved South Aspen Street POO.
land Use Code Section(s)
Section 26.304
Section 26,308.010(C)
Common Development Review Procedures
Extension or Reinstatement of Vested Rights
Review by:
Staff for complete application.
Community Development Dircctor for rccommendation to City Council.
City Council for final decision on the vested rights cxtension.
Yes.
None.
Dcposit of$I,410 for 6 hours of staff time.
None.
$1,410 (Additional hours are billed at a rate of $235.00 per hour).
Public Hearing:
Referral Agcncies:
Planning Fecs:
Rcfcrral Agency Fees:
Total Deposit:
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address,
and telephone number of the representative authorized to act on behalfofthe applicant.
3. CompleIed Land Use Application.
4. Signed fee agreement.
S. Pre-application Conference Summary.
6. An 81/2" x II" vicinity map locating the subject parcels wiIhin Ihe City of Aspen.
7. A wrilten description of the proposal and an explanation in wrilten, graphic, or model form of how Ihe proposed development
complies with the review standards relevant to the development application. Please include existing conditions as well as
proposed.
8. Approved Development Plans on which vested rights are to be extended.
9. Copies of prior approvals.
10. 10 Copies of Application (Hems 2-10).
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a legal
or vested right.
EXHIBIT
~
j .2
@!Dyers Jtle
Inswance @P.5l@.!i.2n
At T A Commitment For Title Insurance
American Land Title Association
(1%6)
AUTHORIZED AGENT:
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE. 3RDFLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FllX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
TITLE MATTERS: CLOSING MATTERS:
Vince Higens-vince@sopris.net TJ Davis-tjd@sopris.net
Priscilla Prohl-priscilla@sopris.net Joy Higens-joy@sopris.net
Brandi Jepson-brandi@sopris,net (Closing & Title Assistance)
Issued By
@vyem'Jitle}nsumnce @po..J!!1on
Home Office:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
1-800-446-7086
B 1004.268
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: March 6, 2006 at 8:00 AM
Case No. PCT15438PR2
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
(b) ALTA Loan Policy-Form 1992
Proposed Insured:
Amount$ 0.00
PremiumS 0.00
Rate:
(c) AL TA Loan Policy-Form 1992
Proposed Insured:
Amount$
PremiumS
Rate:
3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPEN LAND FUND IILLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached Exhibit "A"
PITI<1N COUNTY TITLE, INC.
601 E. HOPKINS, ASPEN, co. 81611
970-925-1766 Phone/970-925-6527 Fax
877-217-3158 Toll Free
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
AUTHORIZED AGENT
Countersigned:
~
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
Block 6,
EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
more particularly described as follows:
Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of
way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th
P.M., bears N 53"20'28" East 814.56 feet;
thence along the Southerly right of way line of Dean Avenue S 75"09'11" E 330 feet to the Westerly right of way line of
Aspen Street;
thence along said right of way line of Aspen Street S 14"50'49" W 130 feet to the Northerly right of way line of Juan Street;
thence along said right of way line of Juan Street N 75"09'11" W 330 feet to the Easterly right of way line of Garmisch
Street:
thence along said right of way line of Garmisch Street N 14"50'49" E 130 feet to the point of beginning.
EXCEPTING therefrom: The portion described in Book 232 at Page 362.
The above parcel is also described as follows:
Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly
right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13, Township 10 South, Range 85 West of
the Sixth Principal Meridian bears N 53"20'28" E 814.56 feet, more or less;
thence along the Southerly right-of-way line of Dean Avenue S 75"09'11" E 330 fee, more or less, to the Westerly
right-of-way line of Aspen Street;
thence along said right-of-way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right-of-way line
of Juan Street;
thence along said ri9ht-of-way line of Juan Street N 75"09'11" W 298.20 feet, to the Southeasterly corner of that parcel of
land described in Book 232 at Page 362;
thence N 40"21'11" W along the Northeasterly line of said parcei, a distance of 38.73 feet to the Northeasterly right-of-way
line of Garmisch Street:
thence along said right-of-way line of Garmisch Street N 14"50'49" E 107.90 feet, more or less, to the point of beginning.
SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS:
Block 6,
EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
more particularly described as follows:
Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southerly right of
way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th
Principal Meridian., bears N 53"20'28" East 814.56 feet more or less;
thence along the Southerly right of way line of Dean Avenue S 75"09'11" E 330 feet, more or less to the Westerly right of
way line of Aspen Street;
thence along said right of way line of Aspen Street S 14"50'49" W 130 feet, more or less to the Northerly right of way line
of Juan Street;
thence along said right of way line of Juan Street N 75"09'11" W 330 feet, more or less to the Easterly right of way line of
Garmisch Street:
thence along said right of way line of Garmisch Street N 14"50'49" E 130 feet, more or less to the point of beginning.
EXCEPTING therefrom: That parcel of land described in Book 232 at Page 362 in the records of the Clerk and Recorder
of Pitkin County, Colorado.
Said Parcel 1 is also described as follows:
Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly
right-of-way line of Dean Avenue, from whence the Northeast corner of Section 13. Township 10 South, Range 85 West of
the Sixth Principal Meridian bears N 53020'28" E 814.56 feet, more or less;
thence along the Southerly right-of-way line of Dean Avenue S 75009'11" E 330 fee, more or less, to the Westerly
right-of-way line of Aspen Street;
thence along said right-of-way line of Aspen Street S 14050'49" W 130 feet. more or less to the Northerly right-of-way line
of Juan Street;
thence along said right-of-way line of Juan Street N 75009'11" W 298.20 feet, to the Southeasterly comer of that parcel of
land described in Book 232 at Page 362:
thence N 40021'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way
line of Garmisch Street;
thence along said right-of-way line of Garmisch Street N 14050'49" E 107.90 feet, more or less, to the point of beginning.
PARCEL 2:
That portion of the Northeast one-quarter of the Norlheast one-quarter (Lot 1) of Section 13, Township 10 South, Range
85 West of the 6th P.M., described as follows:
Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition;
thence N 75009'11" W 181.25 feet;
thence S 14050'49" W 78.00 feet;
thence S 03055'43" W 164.99 feet;
thence S 75009'11" E 150.00 feet;
thence N 14050'49" E 240.00 feet to the point of beginning.
ALSO KNOWN AS
Lots 13, 14, 15, 16, 17, 18, 19 and 20.
Block 11.
EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as
follows:
Beginning at the Northwesterly corner of Lot 13, Block 11, Eames Addition;
thence S 14050'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly corner of Lot 20. Block 11,
Eames Addition;
thence N 03055'43" E 164.99 feet;
thence N 14050'49" E 78.00 feet;
thence S 75009'11" E 31.25 feet to the point of beginning.
AND
Lots 7, 8, 9, 10, 11 and 12,
Block 11,
EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more fully described as follows:
Beginning at the Northwesterly corner of said Lot 7;
thence S 75009'11" E 180.00 feet along the Northerly boundary line of said Block 11;
thence S 14050'49" W 100.00 feet along the Easterly boundary line of said Block 11;
thence N 75009'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said
Lot 7:
thence N 14050'49" E 100.00 feet along the Westerly boundary line of said Lot 7to the point of beginning.
SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS:
Beginning at the Southwest corner of said Lot 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547
bears N 550 E a distance of 0.7 feet;
thence N 14050'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7,
also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547;
thence S 75009'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan
Street a distance of 180.00 feet to the Northeast corner of said Block 11, a rebar and cap PLS # 29030;
thence S 14050'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the
City of Aspen a distance of 100.00 feet to the Southeast corner of said Lot 12, a rebar and cap PLS # 29030;
thence N 75009'11" W along the Southerly line of said Lots 7,8.9,10,11 and 12 a distance of 180.00 feet to the point of
beginning.
AND
The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN.
EXHIBIT
I~
March 5, 2007
Ms. Joyce Allgaier
Community Dcvclopment Departmcnt
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Allgaier:
Please consider this letter authorization for Sunny Vann of Vann Associatcs, LLC,
Planning Consultants, to represent us in the processing of our application to extend the
vested rights period for the South Aspen Street SubdivisionlPUD. Mr. Vann is hereby
authorizcd to act on our behalf with respcct to all matters reasonably pertaining to the
aforementioncd application.
Should you havc any questions, or if we can bc of any further assistancc, plcase do not
hesitatc to call.
Yours truly,
ASPEN LAND FUND, LLC
a Colorado limited liability company
c: \oldc\bus\city .ltr\Itr45303 .jaI
APPLICANT:
LAND USE APPLICATION
EXHIBIT
14.
Name:
Location:
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(Indicatc strcet addrcss, lot & block number, legal description ere appropriatc)
Parcel ID # BE UIRED)
REpRESENTATIVE:
V~4-1'l--.&:fT~ C/C
;;?~ e.~~/-vs, ~ ~ 8Y~/
tlzs .C::::7'S~ '
Name:
Address:
Phone #:
PROJECT:
Name:
~.7",.y' 4s~ 5pree"/ ~~ /~
"
Address:
Phonc#: 5# - c::3:3="C
TYPE OF APPLICATION: (plcase check all that apply):
D Conditional Use
D Spccial Rcvicw
D Design Review Appeal
D GMQS Allotment
D GMQS Exemption
D ESA - 8040 Grecnline, Stream
Margin, Hallam Lakc Bluff,
Mountain View Planc
D Lot Split
D Lot Linc Ad.ustmcnt
D Conceptual PUD
D Final PUD (& PUD Amendmcnt)
D Conceptual SPA
D Final SPA (& SPA Amcndmcnt)
D Subdivision
D Subdivision Exemption (includcs
condominiumililtion)
D Conccptual Historic Devt.
D Final Historic Dcvclopmcnt
D Minor Historic Devt.
D Historic Demolition
D Historic Dcsignation
D Small Lodge Convcrsion!
Expansion
D Tcmporary Usc
D TextJMa Amendment
EXISTING CONDITIONS: (descri tion of existin
#-4
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
I #4
FEES DUE: $ /.' ~/C)
,
-
Have you attached the following?
~rc-Application Confercnce Summary
[9"Attachment #1, Signcd Fcc Agreement
"</-f D Rcsponsc to Attachment #3, Dimensional Rcquircments Form
IDesponse to Attachment #4, Submittal Requiremcnts- Including Written Responses to Revicw Standards
EXHIBIT
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I 6
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A2reement for Payment of Citv of Asoen Develooment Aoolication Fees
CITY OF ASPEN (hereinafter CITY) and ~/i!S</ ~N// ~r::: aC
,
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. ~--!PLICANThassub~TY~':2~~ .-/.-~ /
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(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of
2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree Ihat because of Ihe size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT and CITY further agree that il is in the interest of the parties that APPLICANT
make payment of an initial deposit and to thereafter permit additional costs 10 be billed to APPLICANT on
a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor
approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make
additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY
agrees it will be benefited through the greater certainly of recovering ils full costs to process
APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the
Planning Commission and/or City Council to make legally required findings for project consideration,
unless current billings are paid in full prior to decision.
5. Therefore, APPLICANT agrees thaI in consideraIion ofIhe CITY's waiver ofils right to
collect full fees prior to a ;leJe~.!lation of applica~ completeness, APPLICANT shall pay an initial
deposit in the amounl of~9'I" which is for ~ hours of Community Development staff
time, and if acIual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
billings to CITY to reimburse the CITY for the processing of the application mentioned above, including
posI approval review at a rale of $220.00 per planner hour over the initial deposit. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued
until all costs associated with case processing have been paid.
Chris Bendon
Community Development Director
CITY OF ASPEN
By:
Billing Address and Telephone Number:
Required
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124 E DURANT AVENUE LLC
CIO WOGAN WENDY
533 W FRANCIS
ASPEN, CO 81611
710 SOUTH ASPEN LLC
314 S GALENA ST STE 200
ASPEN, CO 81611
AL YEMENI MOH
31090AKMONT
STATESVILLE, NC 28625
APRIL FAMILY TRUST 1/4 INT
3501 S 154TH ST
WICHITA, KS 67232-9426
ASPEN KABINN LLC
CIO NIKE COMM/NINA KAMINER
35 E 21ST ST
NEW YORK, NY 10010
ASPEN SKIING COMPANY LLC
PO BOX 1248
ASPEN, CO 81612
BARBEE MARY K L1V TRUST
625 SKYLINE DR
CODY, WY 82414
BENT FORK LLC
CIO FESUS GEORGE
PO BOX 9197
ASPEN, CO 81612
BERHORSTJERRY
BERHORST CAROLE
7161l1NDENMERE DR
BLOOMFIELD HILLS, MI 48301
BIEL ALEXANDER L & LEE M
381 LOVELL AVE
MILL VALLEY, CA 94941
BILLINGSLEY FAMILY LP
1206 N WALTON BLVD
BENTONVILLE, AR 72712
BLACKWELL CLARENCE A & ANNE H
PO BOX 3180
ANNAPOLIS, MD 21403
BLUE LLOYD JR
279 GRAYTON TRAIL
GRAYTON BEACH, FL 32459
BOURGAULT MARY JANE
555 E DURANT AVE #4J
ASPEN, CO 81611
BRENNAN JACQUELINE NANCY
31 TRAINORS LANDING
ASPEN, CO 81611
BRIGHT GALEN
407 SHUNTER ST #3
ASPEN, CO 81611
BRITTON CARl
PO BOX 12131
ASPEN, CO 81612
BRUMDER PHILIP G & ASMUTH
ANTHONY
QUARLES & BRADY CIO
411 E WISCONSIN AVE STE 2500
MILWAUKEE, WI 53202
BUSH STEVEN S
0046 HEATHER LN
ASPEN, CO 81611
CABELL JOE
CIO CHARTHOUSE
1765 ALA MOANA BLVD
HONOLULU, HI 96815
CAIN DOUGLAS M
CAIN CONSTANCE MOFFIT TRUSTEES
1960 HUDSON ST
DENVER, CO 80220
CALKINS GEORGE W
105 S CHEROKEE
DENVER, CO 80223-1834
CASPER MARY LYNN
124 E DURANT #4
ASPEN, CO 81611
CHAPIN ANZLE TRUST
1887 STILLWATER ST
ST PAUL, MN 55110-8507
CHAPLIN ARLENE & WAYNE
54 LAGORCE CIR
MIAMI BEACH, FL 33141
CHIATE PROPERTIES LLC
20628 ROCKCROFT DR
MALI BU. CA 90265-5342
CHRISTENSEN CINDY
109 JUAN ST
ASPEN, CO 81611
CHU FAMILY TRUST 2/3 INT
LU NANCY CHAO TRUST 1/3 INT
38 CORMORANT CIR
NEWPORT BEACH, CA 92660
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
CROW MARGERY K & PETER 0
46103 HIGHWAY 6 & 24
GLENWOOD SPRINGS, CO 81601
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5301 CHAMBERLIN AVE
CHEVY CHASE, MD 20815
DOllNSEKJOHN
619 S MONARCH ST
ASPEN,CO 81611
EAST JAMES COLLIER TRUSTEE
5800 R ST
LITTLE ROCK, AR 72207
ELLIS PAUL DAVID
100 E DEAN ST #2F
ASPEN, CO 81611
FALL CREEK CONSTRUCTION LLC
809 S ASPEN ST
ASPEN, CO 81611
FAULKNER JOHN L
2433 ROCKINGHAM ST
ARLINGTON, VA 22207
FREIRICH MARK A
PO BOX 774056
STEAMBOAT SPRINGS, CO 80477
GILBERT DONALD C 2004 TRUST
67 TURTLE BACK RD S
NEW CANAAN, CT 06840
GLICKMAN EDWIN C
2322 lAZY 0 RD
SNOWMASS. CO 81654
GREINER JERRY M
GREINER TERESA U
330 BICKLEY RD
GLENSIDE. PA 19038
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CZAJKOWSKI MICHAEL
CZAJKOWSKI SANDRA J
90 LA SALLE ST APT 16G
NEW YORK, NY 10027
DONCERJOYCETRUST
7641 W 123RD PL
PALOS HEIGHTS, IL 60463
ELDER TRUST
ELDER JERRY TRUSTEE
PO BOX 308
LA JOLLA, CA 92038-0308
ETKIN DOUGLAS M & JUDITH G
29100 NORTHWESTERN HWY STE 200
SOUTHFIELD, MI 48034
FARINO CAROL
PO BOX 10421
ASPEN, CO 81612
FELDMAN SELMA
300 S POINTE DR APT 2403
MIAMI BEACH, FL 33139-7329
FRIEDKIN THOMAS H
PO BOX 4718
HOUSTON, TX 77210-4718
GILLESPIE JOHN E REVOCABLE TRUST
775 GULFSHORE DR #4219
DESTIN, FL 32541
GOLDSMITH ADAM 0
PO BOX 9069
ASPEN, CO 81612
GROOS NICHOLAS 0
210 N INDUSTRIAL PARK RD
HASTINGS, MI 49058
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DAVIS CAROL L
7838 HILLMONT ST
HOUSTON, TX 77040-6108
DUNN STEVEN G
107 JUAN ST
ASPEN, CO 81611
ELLIS JAMES BYRON
17 1/2 FLEET ST
MARINA DEL REY, CA 90292
EVANS DAVID COURTNEY
PO BOX 952
ASPEN, CO 81612
FARR BRUCE K & GAIL H
PO BOX 5142
ASPEN, CO 81612
FLETCHER KAREN K & JAY R
PO BOX 3476
ASPEN, CO 81612
GARMISCH LLC
CIO MIE PROPERTIES
2560 LORD BALTIMORE DR
WINDSOR MILL, MD 21244
GINSBURG.ANNE C & ROBERT B
7933 YORKSHIRE CT
BOCA RATON, FL 33496-1323
GRANT BROTHERS LLP
436 COFFMAN STE 200
PO BOX 908
LONG MONT, CO 80502-0908
HANG TEN ADVENTURE
809 S ASPEN ST #2
ASPEN, CO 81611
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711 S DEARBORN ST - #507
CHICAGO,IL 60605
HEIMANN GEORGE R
100 E DEAN ST #2E
ASPEN, CO 81611-1967
HILL EUGENE 0 III & JOAN L TRUST
3 AVALON AVE POBOX 129
PRIDES CROSSING, MA 01965
HOTEL DURANT
122 E DURANT
ASPEN, CO 81611
IMHOF FAMILY TRUST
2409 GREEN ST
SAN FRANCISCO, CA 94123
JAMES FAMILY TRUST 1/4 INT
1 CASTLEWOOD CT
NASHVILLE, TN 37215-4617
JUAN STREET HOA
119 JUAN ST
ASPEN, CO 81611
KAUFMAN STEVEN
0554 ESCALANTE
CARBONDALE, CO 81623
KULLGREN NANCY A
205 E DURANT AVE UNIT 2-C
ASPEN, CO 81611
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CIO TOM DIVENERE
124 ANNAPOLIS LN
PONTE VEDRA, FL 32082
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205 E DURANT AVE APT 2E
ASPEN, CO 81611
HENDERSON BROTHERS LLC
PO BOX 407
TROY, AL 36081
HINES TOM & CAROLYN
21 TRAINORS LNDG
ASPEN, CO 81611-1652
IAVARONE GIANFRANCO & RITA
3410RIENTAAVE
MAMORONECK, NY 10543
IMREM SUE GORDON TRUSTEE
219 E LAKE SHORE DR #50
CHICAGO, IL 60611
JOHNSON KERRI & DEREK
117 JUAN ST #1
ASPEN, CO 81611
KABERT INDUSTRIES INC
PO BOX 6270
VILLA PARK, IL 60181
KINGSBURY FAMILY TRUST
PO BOX 198
HOLDERNESS, NH 03245
LACY ROANE M JR
PO BOX 367
WACO, TX 76703-0367
LEONARD-PECK SHEILA KATHRYN
RR 1 PO BOX 375-P
VINEYARD HAVEN. MA 02568
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124 E DURANT AVE APT 1
ASPEN, CO 81611-1769
HENRY WAYNE SCOTT
PO BOX 2383
GRAPEVINE, TX 76099
HORTON KAREN JANE TRUST
588 S PONTIAC WAY
DENVER, CO 80224
ICAHN L1BA
PO BOX 11137
ASPEN, CO 81612-9627
J&E HANSEN LLC
CIO EDWARD HANSEN
204 E DURANT AVE
ASPEN, CO 81611
JOHNSTON MARGARET S 9.87%
30 DEXTER ST
DENVER. CO 80220
KAPLAN BARBARA
3076 EDGEWOOD RD
PEPPER PIKE, OH 44124
KLINDWORTH J TODD & HEATHER
-PO BOX 25318
ST CROIX, VI 00824
LARKIN THOMAS J & MARYANN K
1 SHELDRAKE LN
PALM BEACH GARDENS, FL 33418-6820
LEVY HELEN JOAN TRUST
421 WARWICK RD
KENILWORTH,IL 60043-1145
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PO BOX 1365
BOCA RATON, FL 33429-1365
LIFT ONE LLC 72.40%
24 lINDENWOOD LN
LITTLETON, CO 80127
MACDONALD KENNETH HUGH REV
TRUST
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SAGINAW, MI 48602
MAGES LAWRENCE M & MARY K 84%
216 LINDEN AVE
WILMETTE, IL 60091
MCCONNELL THOMAS W & KAY L
38140AKHILLS
BLOOMFIELD HILLS, MI 48301
MONIGLE ETHEL M
803 S GARFIELD ST
DENVER, CO 80209
MULKEY DAVID A DR
TRUSTEE
2860 AUGUSTA DR
LAS VEGAS, NV 89109
NOREN LARA L & STEPHEN C
10927 BRIGANTINE DR
INDIANAPOLIS, IN 46256-9544
OLSON PAUL S & DIANE C
PO BOX 128
BRECKENRIDGE, CO 80424
PASCO PROP LLC
SMITH PATRICK A
PO BOX 850
ASPEN, CO 81612
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LIBMAN KENNETH J
800 S MONARCH ST #4
ASPEN, CO 81611
LOCHHEAD RAYMOND R & EMILIE M
200 SHERWOOD RD
PASO ROBLES, CA 93446
MACGREGOR ROBERT DUNCAN
1315 SAGE CT
ASPEN, CO 81611
MCCALL CAROLYN E
100 E DEAN ST#1E
ASPEN, CO 81611
MCKENZIE BART B & PAIGE PARAVANO
4840 30TH ST NORTH
ARLINGTON, VA 22207-2716
MOORE JOHN W 50%
10426 WHITEBRIDGE LN
ST LOUIS, MO 63141
MURRAY DENIS
PO BOX 3770
ASPEN, CO 81612
NORTH LAUDERDALE PETROLEUM LLC
6318 NW 23RD ST
BOCA RATON. FL 33434
ONEAL PROPERTIES LLC
8100 E CAMELBACK RD #31
SCOTTSDALE, AZ 85251-2773
PIECE OF THE PIE LLC
PO BOX 2492
ASPEN, CO 81611
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131 E DURANT AVE
ASPEN, CO 81611
LUNDHOLM KERSTIN M
115JUANST
ASPEN, CO 81611
MACHUCA YANIRA R FUNES
11 TRAINORS LANDING
ASPEN, CO 81611
MCCARTNEY BRENDA DAHL
113 JUAN ST
ASPEN, CO 81611
MENDEL M MARK
MENDEL GRACE A - JT TENANTS
1620 LOCUST ST
PHILADELPHIA, PA 19103
MORGAN MICHAELL
115 JUAN ST
ASPEN, CO 81611
NOBLE GUY T
PO BOX 9344
ASPEN, CO 81612
NORTHCUTT BARRY & JENNIFER
1905 MISSION HILLS CIR
EDMOND, OK 73003
ONEILL ROGER
PO BOX 711
LAKE GENEVA, WI 53147-3579
PINES LODGE CONDO ASSOC
152 E DURANT AVE
ASPEN. CO 81611
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2353 IRVINE AVE
NEWPORT BEACH, CA 92660
ROARING FORK MTN LODGE ASPEN LLC
TWO CREEKS BLDG
0021 BURNT MTN CIR
SNOWMASS VILLAGE, CO 81615
ROBLES ENRIQUE ALVAREZ
ALVAREZ CRISTINA
MONTES URALES 350
LOMAS CHAPUL TEPEC MEXICO OF
MEXICO, 11000
RYAN ELIZABETH H 1/21NT
COPE G RICHARD & NANCY M 1/2 INT
419WINNEBAGO DR
JANESVILLE, WI 53545
SCHAINUCK LEWIS I & MICHELLE T
2900 OCEAN BLVD
CORONA DE MAR, CA 92625
SCHERER ROBERT P III
217 GOLDENROD AVE
CORONA DEL MAR. CA 92625
SETZLER ALEX
100 E DEAN ST UNIT 2C
ASPEN, CO 81611-1957
SHEFFER BARBARA & DOUGLAS
PO BOX 250
ASPEN, CO 81612
SILVERMAN MARC A& MARILYN L
937 DALE RD
MEADOWBROOK, PA 19046
SLOAN SUSAN MARIE
500 S ORANGE AVE
SARASOTA, FL 34236
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279 GRAYTON TRAIL
GRAYTON BEACH, FL 32459
ROARING FORK PROPERTIES
C/O HOWARD A WILL JR
5055 26TH AVE
ROCKFORD,IL 61109
ROSE JON E
ROSE RITA L
303 MAGNOLIA LAKE DR
LONGWOOD, FL 32779
S C JOHNSON AND SON INC
TAX DEPT 412
1525 HOWE ST
RACINE, WI 53403
SCHAPIRO MARC & PATRICIA
1685 TAMARAC DR
GOLDEN, CO 80401
SCHROEDER C M JR
SCHROEDER BETTY ANN
3629 ROCK BRIDGE RD
COLUMBIA, SC 29206
SEVERY REV TRUST 70.39%
30 DEXTER ST
DENVER, CO 80220
SHENK ROBERT 0
290 HWY 133
CARBONDALE, CO 81623-1530
SIMON HERBERT REV TRUST
8765 PINE RIDGE DR
INDIANAPOLIS, IN 46260-1778
SM-15
SEELBACH WILlIA - C/O
45000 S WOODLAND
CHAGRIN FALLS, OH 44022
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RINGSBY GRAY
PO BOX 1292
HAIKU, HI 96708
ROBERT FAMILY TRUST 1/4 INT
771 FERST DR
ATLANTA, GA 30332-0245
RUDERMAN ERIC P & MIMI E
1536 OGDEN ST
DENVER, CO 80218-1406
SAlITERMAN LARRY & NANCY
603 S GRAMISH
ASPEN, CO 81611
SCHAYER CHARLES M III
588 S PONTIAC WAY
DENVER, CO 80224
SEMRAU TIMOTHY & HEIDI ROBBIN
58 TRAINORS LANDING RD
ASPEN, CO 81611
SHADOW MTN AERIE PTNRSHP LLP
C/O ARTHUR J & PAMELA T
WASHINGTON
21 BRIARCLlFF RD
LARCH MONT, NY 10538
SHINE FAMlL Y LLC
8677 LOGO 7 COURT
INDIANAPOLIS, IN 46219-1430
SKY BLUE LLC 27.60%
5743 CORSAAVE # 101
WESTLAKE VILLAGE, CA 91362
SMITH RONA K
1742 HILLSIDE RD
STEVENSON, MD 21153
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PO BOX 2829
ASPEN, CO 81612
SOUTHPOINT-SUMNER CORP
4828 FORT SUMNER DR
BETHESDA, MD 20816
STARK RENEE A
205 E DURANT AVE APT 1 D
ASPEN, CO 81611-3813
STRAWBRIDGE GEORGE JR
3801 KENNETT PKE BLDG #6-100
WILMINGTON, DE 19807
TAROCH HOLDINGS L TO
CIO PATRICK D MCALLISTER PC
315 E HYMAN AVE #305
ASPEN, CO 81611-2909
TELEMARK ASPEN LLC
55 SECOND ST
COLORADO SPRINGS, CO 80906
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ASSOC INC
CIO ASPEN LODGING COMPANY
747 S GALENA ST
ASPEN, CO 81611
TYDEN FAMILY FARMS PTNP
1730 IROQUOIS TR
HASTINGS, MI 49058
VANTONGEREN HAROLD V & LIDIA M
2000 E 12TH AVE BOX 8
DENVER, CO 80206
WOLF FAMILY TRUST 12/23/1986
1221 MYRTLE AVE
SAN DIEGO. CA 92103
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150 N MARKET
WICHITA. KS 67202
SPAULDING RICHARD W
THOMPSON ELEANOR M
PO BOX 278
CONCORD, MA 01742-0278
STEINER DONALD R
BUCKHEAD GRAND
3338 PEACHTREE RD #3307
ATLANTA, GA 30326
STUART FAMILY TRUST 1/4 INT
1 CASTLEWOOD CT
NASHVILLE, TN 37215-4617
TAYLOR HARVEY C
W 301 N 9430 HWY E
HARTLAND, WI 53029
THREE REEDS LLC
2224 VIA SEVILLE RD NW
ALBUQUERQUE, NM 87104-3096
TRAINORS LANDING CONDO ASSOC
COMMON AREA EXEMPT
UHLFELDER FAMILY INVESTMENTS
RLLP
210 AABC STE AA
ASPEN, CO 81611
WALDRON GAILYN L TRUSTEE
PO BOX 7964
ASPEN, CO 81612
WOODING MERRITT B
PO BOX 339
HOPE, NJ 07844
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ASSOCIATION
205 E DURANT AVE #2F
ASPEN, CO 81611
STANTON JAMES
CIO WORLD-WIDE HOLDINGS CORP
150 E 58TH ST
NEW YORK, NY 10155
STEWART SCOTT
4710 PLAINFIELD CT
MIDDLETON, WI 53562
SZYMANSKI WILLIAM R & LYNNE E
2220 E SILVER PALM RD
BOCA RATON, FL 33432
TELEMARK APARTMENT 2 LLC
2422 UNION ST
SAN FRANCISCO, CA 94123
TOLLEFSON JON S & JOANN M
38 TRAINORS LANDING
ASPEN, CO 81611
TUCKER TIMOTHY H & PATRICIA A
809 S ASPEN ST
ASPEN, CO 81611
VANDER WALL DEAN ROBERT &
BEVERLY J
PO BOX 189
LONE PINE, CA 93545
WHITE JALEH
THICKMAN DAVID
152 E DURANT AVE
ASPEN, CO 81611-1737
WOODSON TAT JANA D
PO BOX 125
TETON VILLAGE, WY 83025
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CIO WARSTLER ROBERT T
10 WINDJAMMER LN
MT ARLINGTON, NJ 07856
WRIGHT LISA
PO BOX 3770
ASPEN, CO 81612
WUGAL TER JOEL
3200 N OCEAN BLVD #909
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EXHIBIT
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i 7
ORDINANCE NO. 32
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SOUTH
ASPEN STREET SUBDIVISION/POD AND FINAL PLANNED UNIT
DEVELOPMENT PLAN lNCLUDING SUBDIVISION, GROWTH
MANAGEMENT QUOT A SYSTEM (GMQS) EXEMPTIONS FOR
AFFORDABI.E 1I0USING AND RECONSTRUCTION OF A DEMOLISHED
MUI.TI-IIAMII ,Y IlUI/./lING, IU~ZONING TO Ilm WITII ,\ PUll OVI~IU,A y,
ANI) A SI'I~CIAI.IUCVmW TO ESTAULISII Tim AFli'OlmABLI~ IIOUSING
PARKING REQUIIUCMENTS FOR THE I'IWI'ILIUV TO In: DESCR/lJIW AS
PARCELS 1,2, AND 3, OF TilE SOUTH ASPEN STREET SUBDIVISION/PUD,
CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-131-13-001 (Parcell)
Parcel No. 2735-131-14-003 (parcel 2)
Parcel No. 2735-131-23-001 (parcel 3)
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, owner, represented by Vann Associates, LLC,
requesting approval of a Final Planned Unit Development Plan including requests for
Subdivision, Growth Managcment Quota System (GMQS) Exemptions for Affordablc
Housing and reconstruction of a demolished multi-family building, Rezoning to IJTR,
and Special Review to establish the off-street parking requirements for the property
described as,
Parcell: Block 6 of the Eames Addition to the City and Townsite of Aspen,
Parcel2: Lots 7-12, Block 11, Eames Addition to the City and Townsite of Aspen,
Parcel3: Lots 13-20, Block 11, Eames Addition to the City and Townsite of
Aspen; and,
WHEREAS, the development property consists of three (3) parcels zoncd lITR
and R-15 with a Lodge and PUD Overlay; and,
WHEREAS, pursuant to Land Use Code Section 26.310, Map and Text
Amendments; Section 26.445, Planned Unit Development; Section 26.470, Growth
Managcment Quota System; Section 26.480, Subdivision; the City Council may approvc,
approve with conditions, or deny the land use requests made by the Applicant during a
duly noticed public hearing after taking and considering comments from the general
public, and rccommendations from the Planning and Zoning. Commission, Community
Development Director, and relevant referral agencies; and,
WHEREAS, the Community Development Director has reviewed and considered
the development proposal under the applicable provisions of the Municipal Code as
identified herein and rccommended approval with conditions; and,
1\1111 \ 111111\ I \ II \ \11111111111 ::~~~~;1:~ : 49~
_.. ".... "^,,.... ...TTVnl f'ntlfJTV I"n I) Z;1 VJ0 D 0.00
WHEREAS, during a duly noticed public hearing on June 3, 2003, thc Planning
and Zoning Commission approved Resolution No. 14, Series of 2003 by a three to zero
(3-0) vote, recommcnding that City Council approve the proposal with conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered thc development
proposal undcr the applicable provisions of the Municipal Codc as identi fied herein, has
revicwed and considered Ihe rccommendation of the Planning and Zoning Commission, Ihe
Communily Dcvclopl11cnl Dircelor. Ihe Aspcn/Pitkin Counly Ilnllsing Authorily, the
applie:Ihle referral agelleic:t, and has lakcn alld cnn~idcrcd puhlie eomlllcnl al a puhlic
hcarillg; and,
WIIIJ:RICAS, thc City Coullcillillu~ lhallhe dcvelopmcllt [1ropo~almccls or excced~
all applicablc uevclopmcnt ~Iandarus anu that Ihc approval of Ihe dcvelopmcnt proposal,
with conditions, is eonsistcnt with the goals and elements of thc Aspen Area Community
Plan; and,
WHEREAS, thc City Council finds that this Ordinance furthers and is necessary for
thc promotion of public health, safcty, and weIfarc.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to thc procedures and standards set forth in Titlc 26 of the Aspen Municipal Code,
City Council hereby rezoncs Parcel 2, and a portion of Parccl 3, of the South Aspen Street
SubdivisionfPOO, City and Townsite of Aspen, to UIR (Lodgerrourist Residential) and
rezoned Parcels I, 2, and 3 of the South Aspen Street SubdivisionIPUD with a Planned
Unit Development (POO) overlay.
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Codc,
City COlll1cil hereby approves thc South Aspcn Street Final PUD Plan, which includes
application for Final POO, Subdivision, Growth Management Quota System Exemptions
(GMQS) for Affordable Housing and for the reconstruction of the multi-family building
to be demolished (Minc Dump Apartments), and for Special Review to establish the off-
street parking requirements for thc devclopment of fourteen (14) free market town homes
and scventeen (17) affordable housing units subject to the following conditions:
I. A SubdivisionIPUD Agreement shall be recorded at the Pitkin County
Clerk and Recorder's Office within 180 days of the final approval by City
Council and shall includc thc following:
a. The information rcquired to bc includcdin a PUD Agreement,
pursllilIlt to Land Use Code Section 26.445.070(C).
\ \\\\11 "III "1\1\ ~\II' I~ \\111 I\\~\I III \lll\ \111 ~tl. 3~~~~~~0 ~~ · 49A
..~, .Hn noVl~ PIIKIN ..OUNTY C
2. A Final PUD Plan and Subdivision Plat shall be recorded at the Pitkin
County Clerk and Recorder's Office within 180 days of the fmal approval
grantcd by City Council and shall include:
a. A final plat meeting the requircments of the Community
Development Enginecr and showing easements, cncroachment
agreements ami licenscs with rcccptiollnumbers for physical
improvements, anu Ihe location of ulilily pedestals.
h. An i1lustralive site planllfthe projecl showing the proposed
improvements, landscaping (including all plantings, spccies,
numbers, and locations), parking, and the dimensiollal
requircments as approved.
c. A drawin r resenting tile project's architectural character.
d. revised drainage plan and re rt, including an erosion control
plan, shall bc a Colorado liccnsed Civil Engineer, in
w c wells will only be allowed to handle runoff from
foundation drains, parking garage ramps, and roof drains. All
other runoff shall be directcd towards the City's storm water
system.
,
e. revised infrastructure plan Indicating that all road
'mprovements shall b ned. The plan shall also indicate that
there sac no super-elevated curves pcrmitted. Juan Strcct
and South Garmisch Street (to the extent of Parcel l's street
frontage) shall be widened to 27 feet as measured from the outer
edges of the curbs. The minimum slope of Juan Street shall be
.75%.
3. Thc following dimensional requirements of the PUD are approved and
shall be printcd on the Final illustrative Plan:
Dimensional I Proposed Development
Requirement I
Minimum Lot Sizc 6,000 sf.
Lot Area Per Dwelling 1,100 sf. per bedroom (81 bedrooms on
Unit 89,127 sf. of lot area that applies to density
calculations)
Minimum Lot Width 60 fect
Front Yard Setback lOft. per Darcel
Side Yard Setback 5 ft. per parcel
Rear Yard Setback lOft. per parccl
Maximum Height 28 fect cxcept wherc deed restricted
Perccnt of Open SDacc 27% (cumulative over all 3 parcels)
486407
Page: 3 of 10
08/04/2003 1::49A
Allowable External .83:1 (73,381 sf. cumulative over all three
FAR pare cIs )
! AH Off-Street Parking 30 Parking Spaces (2 spaces for cach dwelling
unit of 2 or more bcdrooms, and I space for
cach one bcdroom and studio unit)(cumulativc
ovcr all three parccls)
Free Market OIT-Slreel 28 Parking Spaces (2 spaces for each dwclling
I'arl,illg llllit of 2 or more heurooms, alld I Sllace lill'
each Olle bedroom alld SllldilJ llllitj(cllmll!,Ilive
over alllbree parcels)
- ~_._-_._-"._---- ----.
4. Thc building pcrmit application shall include the liJlluwing:
u. A copy of the final recordcd Ordinancc.
b. The conditions of approval printed on the cover page of the
building permit set.
c. A completed tap permit for service witlt the Aspen Consolidated
Sanitation District.
d. A tree removal perritit as required by tlte City Parks Dcpartment
and any approval from tltc Parks Dcpartment Director for off-
site replacement or mitigation of any removed trees.
c. A detailcd ventilation plan of tlte parking garage ventilation
systcm prcparcd by an enginecr tltat specializes in the design of
ventilation and heating systems.
f. A fugitive dust control plan which includes proposed
construction fencing, watering of haul roads and disturbed
areas, daily cleaning ofadjacent paved roads, construction
speed limits, and otlter measures nccessary to prevcnt
windblown dust from crossing tlte property linc.
g. A letter from tlte primary contractor to tlte Community
Development Director stating tltat tlte conditions of approval have
been read and are undcrstood.
n. All tap fees, impacts fees, and building permit fees shall be paid
prior to building permit issuance. If an alternative agreement to
delay payment ofthe Water Tap and/or Parks Impact fcc is
finalized, tltose fees shall be payable according to tltc agreement.
1. A State of Colorado Storm Water Management (Erosion Control)
Permit because tlte land area of the development is over an acre.
J. A PM-I 0 mitigation plan for review and approval by the
Environmental Healtlt Dcpartment or a cash-in-lieu payment in
tlte amount to be calculated by the City Environmental Health
11111111111111111111111 II 11111111111111111111 11111111 ~~:~~~;I: ~ -s~
J.LVI~ DAV1S PITKIN ~:}i..JNiY CO Q ~1 0101 :"0 "" ""'" J.
Director that is to bc used entirely to implemcnt PM-IO
reduction methods.
5. The Applicant shall abide by all noise ordinances. Construction activity is
limitcd to the hours between 7 a.m. and 7 p.m. on Monday thru Saturday.
Ii. The Applicant shall agrcc Ihatlhcrc will hc 110 constmcliol1malcrial or
dumpstcrs storcd on Ilw puhlic riglrls-or-way lIIilcss a tcmporary
cncroaclllllclltlicCIISC is gralltcd hy llrc City Engillccr. In additillll, Ilrc
Applicallt slrall submit a rull sclor conslruclioll managcnlCnl plans as pal"!
orthc huiluing pcrmit application, anu tbc managcmcnt plans shall incluuc
a noise, uust control, anu conslrucliol1lranic anu construclion parking
managemenl plan which addresses, at a minimum, the following issues:
a. Defining the construction debris hauling routes and associated
impacts on local streets; and,
b. Construction parking mitigation, except for csscntial trade
trucks, no other pcrsonal trucks are to bc parked in the arca
around the site. The city encourages that site workers be
shuttled in from the airport parking area.
7. The Applicant shall complete (prior to any of the remodel work, including
removal of drywall, carpet, tile, etc.,) the Building Department's asbestos
checklist, and if necessary, a person licensed by the State to do asbestos
inspections must conduct an inspcction. The Building Department cannot
sign any building permits until they get this report. If there is no asbestos,
the demolition can proceed. If asbestos is present, a licensed asbestos
removal contractor must remove it in accordance with the applicable
regulations.
8. The Applicant shall not track mud onto City streets during construction.
A washed rock or other style mud rack must be installed during
construction.
9. The Applicant shall comply with the City of Aspen Water System
Standards, with Title 25, and with applicable standards of Titlc 8 (Watcr
Conservation and Plumbing Advisory Code) ofthc Aspen Municipal
Code, as required by thc City of Aspen Water Department. The Applicant
shall enter into a Watcr Service agreemcnt.
10. Thc Applicants shall at thcir sole expense install a new eight (8) inch
water line within South Gannisch Street and Juan Street. In addition, the
Applicant shall abandon the cxisting six (6) inch water line that exists in
South Gannisch and Juan Street. The point of beginning for the main
replacement on South Garmisch Street shall be the existing valve complex
(serving the Barbee PUD) north of the intersection of Dean and Garmisch.
\ \11\\\ 11\\\ 111111 lIllI' III nlll \UIU\ III UIlI 'III \\1\ ~:~~~~~ ; ~ .49A
This is approximately 80 feet further north ofthe point of beginning
shown on thc schematic utility plan dated June 21,2002.
II. The Applicant shall also schedule the abandonment of the existing water
taps prior to applying for new water taps.
12. The Applicant shall comply with the Aspen Consolidated Sanitation
Distrid's rules and regulations. Ifnew sewer lines are required. thenlhe
existing service must he cxcavatcu and disconnected atlhe main sewer
line.. No clear WOller connections (rool~ lonndation, perimeter drains) shall
be allowed 10 drainlo ACSIJ lincs. All improvements below grade shall
require the usc ofa pumping slation. The Applicant shall install an oil and
sand separator in thc parking garage that meets the Aspen Sanitation
District's standards. In addition, the Applicant shall enter into a shared
servicc agrecment if morc than onc unit is served by a single service line.
13. Elcvator shaft drains shall flow thru an oil and sand interceptor.
14. The Applicant shall fund proportionate costs associated with the
development for the replacement ofthe main sanitary scwer lines located
in S. Aspen Street, Dean Street, and near the Post Office.
15. The Applicant shall enter into a main line extension and collection system
agreement with thc Aspen Consolidated Sanitation District prior to
applying for building permits for the development.
16. In the event that snowmelt is installed, thc Glycol containment areas must
be approved by the Aspen Consolidated Sanitation District prior to
issuance ofa Certificate of Occupancy on any of the units within the
development.
17. The Applicant shall at thcir sole expcnse rcplace the existing substandard
sewer line located in the alley of Block 61 between S. Garmisch and First
Street in First Street.
18. The Applicant shall cxtcnd the existing storm water sewers south on both
S. Aspcn Street and S. Garnrisch Street as far as Dcan A venuc.
Additionally, the Applicant shall extend thc existing storm sewers to the
Dean Avenue/ S. Aspen Street intersection and to the Dean Avenue! S.
Garnrisch Street interscction. As required by the City Engineering
Department, catch basins shall be installed at these intersections.
19. All landscaping in the public right-of-way shall meet the requirements as
set forth in Municipal Codc Chapter 21.20, Trecs and Landscaping on
Public Right-of-Way. Any landscaping in the public right-of-way shall be
approved by the City Parks Department prior to installation. The
I !IIIII 11111111111111111111 11111 1111111111 11111 11111111
486407
Page: 6 of 10
Applicant shall also obtain a revocablc encroachment license from thc
City Engineering Department prior to installation of any landscaping or
improvements in the public right-of-way. All plantings along the edge of
the subject properties or within the public right-of-way shall be of a size
and a species that will not rcquirc major maintcnancc (pruning, trimming
due to over growth) by the City or thc developcr.
20. All cx.lcrior lighting shalllllcct the City of Aspcn Lighting Cmle
reljuirements setli.)rlh in I.am! Use Code Section 2(J.575.l50, as may he
amcnded Ii-om time to time.
21. The Applicant shall pay a proportional amount of [he applicable school
land dcdication fees as dctermincd by the City of Aspen Zoning Officer
prior [0 building permit issuancc on cach of the units.
22. All affordable housing units to be constructed on Parcel 3 of the POO
shall obtain ccrtificate of occupancies prior to the issuance of a ccrtificate
of occupancy on any of the free market units within the development. In
addition, the free market units on Parcel 2 shall not be issued Certificates
of Occupancy until all of the affordable housing units on Parcel 2 have
receivcd Certificates of Occupancy. Thc frec market units on Parcel I
shall also not be issued Certificates of Occupancy until the affordable
housing units on Parcell have received Certificates of Occupancy.
23. Thc Applicant shall convey an undividcd fractional intcrcst (one-tenth of
one pcrcent) in the ownership of thc deed restricted employee housing
units to the AspcnlPitkin County Housing Authority for the purpose of
complying with the Colorado Supremc Court Decision regarding rcnt
controllcgislation. The decd of conveyance shall contain such terms and
conditions that are mutually acceptable to the City and the Applicant. To
satisfy the rent control issue, the Applicant may submit an alternative
option acceptable to the City Attorncy.
24: The Applicant shall indemnify and hold hannless the AspenJPitkin County
Housing Authority and the City of Aspen from any claims, liability, fees
or similar charges related to ownership in the deed restricted affordable
housing units.
25. The mix of affordable housing categories shall be as follows:
2-1 Bedroom Catcgory I Units
2-1 Bedroom Category 2 Units
2-3 Bedroom Category I Units
7-3 Bedroom Category 2 Units
4-3 Bedroom Category 3 Units
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26. The deed restrictions on the affordable housing units on a given parccl
shall be filed in conjunction with an application to condominiumize the
free market units but prior to issuance of a Certificate of Occupancy on
any of the units on said parcel~. The deed restrictions shall meet the
following:
a. Thc deed rcstrictions on the affordable housing units shall bc
defined by the rcnlal price terms in the Aspcn/Pitkin County
AITordahlc Ilousing Guidelines in arfecl at the time or Finall'lJD
approval.
27. Thc Applicant shall record a housing replacement agrcement whieh scls
forth thc tcrms and conditions by which thc rcplaccmcnt housing will be
provided prior to demolishing the Minc Dump Apartments.
28. The most reccnt tenants of the Mine Dump Apartments who meet the
Affordable Housing Guidelines for the proposed units shall bc granted
first priority through an internal lottery at the time of the initial rcntal of
the replacement affordable housing units.
29. The Applicant shall erect signage and install pavement marking on 3uan
Street that prohibits on-street parking.
30. The Applicant or their successors or assigns shall maintain the common
driveway between Parcels 2 and 3.
31. The Applicant shall install an adequatc fire alarm system throughout the
development as determined by the Fire Marshal. The Applicant shall also
install fire sprinkler systems and fire extinguishers that meet the
requirements of the Fire Marshal. The Applicant shall meet with thc Fire
Marshal prior to building pcrmit issuance to review alarms and sprinkler
system plans.
32. Soil nails shall not bc allowed within or under the public right-of-way.
33. The Applicant shall submit financial assurance in an amount and form
acceptable to the City Engineer for excavation in the public right-of-way.
34. The Applicant shall provide a form of mitigation approvcd by the City
Engineer for increased vehicular'traffic on South Aspen Street, causing a
rcvocation of the road's IS-year pavcment warranty that results from
accelerated road deterioration. The Applicant shall be proportionately
reimbursed by future developments that cause a substantial increase in
vehicle trips on the portion of South Aspen Street that is subjcct to the 15-
year pavemcnt warranty.
! 111I 111111I11111"11111111111111.
486407
Page: 8 of 10
08/04/2003 11:49A
35. The Applicant shall provide a twenty-five (25) foot wide improved public
access way with drive-on, slanted-face curbs and a stabilized shoulder on
Dean A vcnue for vchicular access into Parcell' s affordable housing units.
36. TIle City Engineering Department recommends that the Applicants obtain
flood insurancc for the proposed units if available.
37. Thc Applicant shall inslalllree saving conslruelinn limccs arounu Ihe urip
line nr any Irees In he saved.
a. Thc City Forester or his/hcr designce must inspect Ihis Icncc bcforc
an y conslruction acti vi li es commcncc.
b. No excavation, storage of materials, storage of construction
cquipment, construction backfill, foot or vehicular traffic shall bc
allowed within the fenced drip line.
38. A native vegetation protection fence shall be installed on the western
property boundary of Parcels 1 and 2 between Parcels I and 2 and thc
Barbee Family Subdivision Property. The fence shall be installed and
inspected by a City of Aspen Parks Department Representative prior to
construction. Therc shall be no storagc of construction materials, back fill,
tools, or construction traffic beyond this protective fencc. There also shall
be no excavation or disturbance of the nativc area beyond this protective
fencc.
39. The Applicant or their successors or assigns shall maintain the Open
Space on t1te sitc including t1te Park proposed on Parcell.
40. Pet wastc stations shall be installed in the Park.
Section 3:
1bis Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the samc shall be construcd and concluded under such
prior ordinances.
Section 4:
If any section, subscction, sentence, clause, phrase, or portion of this Ordinancc 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 thercof.
Section 5:
A public hearing on the ordinance shall be held on the 28th day of July, 2003, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
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. I _ u...._.. ^^ ~ 5 _ .00 0 0
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council ofthe City of Aspen on the 23rd day of June, 2003.
Attest:
FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of
July 2003.
~.~
Helen. ern ayor
Attest:
,/ . j //... - .
lil;djU.4~ ) XJ-~
Kathryn S. ~h, City Clerk
Approved as to form:
"
/ ~qrJ/L~
John P: Wor ester, City Attorney
I \\llll 1\111 \lllll 111111 III I\11\J\l~ll \11 \lllll I}I ~)\. 0J:~~:~~~:1 ; 0 49A
SllVI~ DRVIS PITKIN COUNT, Cv
EXHIBIT
; 8
;;
D
3
NOTICE OF DECISION
TO:
Aspen Land Fund II, LLC C/o Vann Associatcs
FROM:
Julie Ann Woods, City of Aspen Community Development Director
James Lindt, Planner '.:::s-l---
RE:
Extension for Recordation of POO Documents Request- South Aspen
Street POO
DATE:
October 23, 2003
SlJMMARY
Aspen Land Fund II, LLCrequests a one year (365-day) ex1ension in order to record the
necessary PUD Plans and PUD / Subdivision Agreements with the Pitkin County Clerk
and Recorder's office for the South Aspen Street PUD project.
BACKGROUND
The South Aspen Street PUD reccived final PUD approval from the Aspen City Council
on July 28,2003, which is memorialized in Ordinancc No. 32, Scries of2003 (attached as
Exhibit "A"). The Applicant has yet to record their PUD agreement or plat and their
deadline to do so expires on January 24, 2004. Therefore, the Applicant has rcquested an
ex1ension of one year from the date of which thc recordation period would expire without
an ex1ensi on.
According to Section 26.445.070(A) of the Land Use Code, the Community
Developmcnt Director has the authority to ex1end the rccordation deadline if the request
is within the vesting timeline and if there is a community interest for providing for such
an ex1ension.
STAFF FINDINGS
Stili beileves thaftlie request to ex1end the recordatton aeaaIi:Dels WIthin the vesting
period, which ends on July 28, 2006 (three (3) ycars after final approval). Staff also fecls
that allowing for the requested ex1ension is within thc best interest of the community in
that it will allow for the Applicant to complete the review of their hotel/timeshare request
that has already been submitted. Staff feels that it is in the community's best interest to
allow for the Applicant to finish the review of the hotel/timeshare project that they
submitted in that it could possibly further the Aspen Arca Community Plan goals relating
to preserving the short-term lodging invcntory. in Aspen. Thcrcfore, staff finds that the
request has been submitted within the vesting timeline and that there is a community
interest for providing an ex1ension.
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
I hereby ex1end the recordation deadline for the South Aspen Street PUD project for one
ycar (365 days) to expire on January 24, 2005 finding that the request has been made
within the vesting timeline and there is a co=unity
extension.
interest for providing suCFi. an
f '. '_~.___
....>J,J ~ /Y<.--J ~::::?:-
Juu;.:Ann Woods, Co=umty Development Director
, I'
V
ATTACHMENTS:
Exhibit A - Ordinance No. 32, Series of 2003
Exhibit B - Letter of Request
rc/, oj,' ">
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Date .
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OCT 2 8 2003
COMMUMi',,"!",;-__~
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MEMORANDUM
TO:
Chris Bendon, City of Aspen Community Development Director
FROM:
Chris Lcc, Planner ().L-
Extension for Recordation of PUD Documents Request- South Aspen
Street PUD
RE:
DATE:
December 13, 2004
SUMMARY
Aspcn Land Fund II, LLC requests a onc year (365-day) recordation cxtension for the
South Aspen Street PUD project in order to rccord the necessary PUD Plans and PUD I
Subdivision Agreements with the Pitkin County Clerk and Recorder's office.
BACKGROUND
The South Aspen Street PUD rcceived fmal PUD approval from the Aspen City Council
on July 28, 2003, which is memorialized in Ordinance No. 32, Series of 2003. The
Applicant was not ready to record its PUD agrecment or plat by the time the original
deadline was to expire on January 24, 2004. Consequently, thc Applicant rcquested, and
was grantcd, an extension of one ycar from the date of which the recordation period
would expire. That insubstantial amendment was granted by Julie Ann Woods to extend
the deadline to January 24, 2005 in accordance with Section 26.445.070(A) of the Land
U sc Code, which states that thc Community Dcvelopment Director has the authority to
extend the recordation deadline if thc request is within the vesting timeline and if there is
a community interest for providing such an extension.
Given that the dcadline of that extension is quickly approaching, the Applicant has
approached the Community Developmcnt Department once again to apply for another
extension. The Applicant sceks a further cxtension because it is in the process of
submitting a revised conccptual PUD application that would be the preferred
development option for the Applicant. The review process for that revised conceptual
PUD could not possibly be completed before the current deadline cxpires and therefore
requcsts that it be extended once again for onc ycar (365 days) until January 24, 2006.
STAFF FINDINGS
Staff fmds that thc rcquest to cxtend the recordation deadline is within the vesting period,
which cnds on July 28, 2006 (three (3) years after fmal approval). Staff fcels that
allowing for the requested extension is within the bcst intcrest of thc community in that it
will allow thc Applicant time to complete the review process of a rcvised conceptual
PUD application. Staff feels that it is in the community's best intcrcst to allow for the
Applicant to finish preparing the revised conceptual PUD and pass through review of the
hoteVtourist accommodation project that thcy will propose in that it could possibly
further the Aspen Area Community Plan goals relating to preserving the short-term
lodging jnventory in Aspcn. Therefore, staff finds that the request has been submitted
within the vcsting time line and that there is a community interest for providing an
ex1ension.
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
I hereby extend the recordation deadlinc for the South Aspen Street PUD project for one
year (365 days) to expire on January 24, 2006 fmding that the requcst has been made
within the vesting timelineand there is a community interest for providing such an
extensO on.
l1.,I.". of-
Date
Chris Bendon, Community Dcvclopment Director
ATTACHMENTS:
Exhibit A - Ordinance No. 32, Serics of 2003
Exhibit B -Noticc of Dc cis ion for first Extension
Exhibit C - Lcttcr of Requcst
APPROVED
DEe 1 3 2004
COAIoIIlfiTYll8aOPIlENT lJficl;J(.t,
OTYCfASf9f
VANN ASSOCIATES, LLC
Planning Consultants
November 17, 2005
HAND DELIVERED
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO &1611
Re: South Aspen Street SubdivisionlPUD, Request for Extension of Recordation
Deadline
Dear Chris:
Please consider this letter a formal rcquest to extend thc recordation deadline for the
fInal subdivisionIPUD documents for the South Aspen Street SubdivisionIPUD, a free
market residential/affordable housing project. The request is submitted pursuant to
Sections 26.4&0.0&0.E. and 26.445.070.A. of the City's Land Use Regulations by
Aspen Land Fund II, LLC, the owner of the South Aspen Street property. These two
sections permit the Community Development Director to extend the recordation
deadline if the request is within the vesting timeline and there is a community interest
for approving the extension.
The fInal subdivisionlPUD documents for the South Aspen Street SubdivisionlPUD
were to have been recorded within one hundred and eighty (1&0) days of the receipt
of fmal City Council approval. Final POO approval was granted by the City Council
on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. Consequently, thc
project's fInal plat, PUD development plan, and.subdivision/PUD agreement were to
have been recorded no later than January 24, 2004. This deadline, however, was
extended by JuIic Ann Woods at the applicant's request until January 24, 2005 (see
attached Notice of Decision). An additional one year extension, which was granted
by you on December 12, 2004, extended the recordation deadline until January 24,
2006 (see attached memorandum).
As you know, Aspen Land Fund's application for conceptual PUD approval for a
mixed use hoteUfractional ownership project on the South Aspen Street property is
presently under review by the City Council. Further revisions to the project to
address various Council concerns are currently being studied by the applicant and will
230 East Hopkins Ave. . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310
Mr. Chris Bendon
November 17, 2005
Page 2
be presented at the Council's November 28 meeting. Should the Council fail to grant
conceptual approval, it will be necessary for Aspen Land Fund to ftnalize, and the
City to revicw and record, the PUD documents for the residcntial project. While we
expect to submit the documents to the City in as timely a manner as possible, thc
coming holiday season and the availability of our consultants will make it difftcult to
meet the January 24 deadline.
Accordingly, Aspen Land Fund respectfully requests that the deadline be extended for
an additional sixty (60) days. The revised recordation deadline, therefore, would be
March 25, 2006. The previously approved residential project is vested until July 28,
2006, and no apparent community beneftt would appear to result by requiring that the
documents be recorded by January 24. In the event the City Council approves the
conceptual PUD application, we will apply for a further extension of the recordation
deadline so as to allow sufftcient time to prepare, revicw and approve the ftnaI PUD
application for the hotel project. . An extension of the existing vested rights period
will also most likely be required.
Should you have any questions, or if I can be of any further assistance, plcasc do not
hesitate to call.
Yours truly,
S,LLC
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Attachments
APPROVED
cc:
John Sarpa, Aspen Land Fund II, LLC
Arthur C. Daily, Esq.
,--,' . ~ 2005
hU'{ J ""
COMIAUl'Ili \ v_ .cu.lpt.lB'ITOtItIiIU!
C\1Y Of ;,sPEll
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VANN ASSOCIATES, LLC
Planning Consultants
March 6,2006
HAND DELIVERED
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: South Aspen Street SubdivisionlPUD, Request for Extension of Recordation
Deadline and Vested Rights
Dear Chris:
Please consider this letter a request to extend the recordation deadline for the ftnal
subdivisionlPUD documents for thc South Aspen Street SubdivisionlPUD, a free
market residential/affordable housing project, and to extend its vested rights. The
request is submitted pursuant to Sections 26.480.080.E., 26.445.070.A and 26.308.-
010.C. of the Aspen Land Use Regulations by Aspcn Land Fund II, LLC, the
owncr of the property. The ftrst two sections permit the Community Development
Director to extend the recordation deadline if the request is within the vesting time line
and there is a community interest for approving the extension. The rcmaining code
section permits the City Council to extend the expiration date of a prior land use
approval's vested rights. A public hearing, however, is required to extend a project's
vested rights..
The fmal subdivisionlPUD documents for the South Aspen Strcct SubdivisionlPUD
were to have been recordcd within one hundred and eighty (180) days of the receipt
of ftnaI City Council approval. Final POO approval was granted by the City Council
on July 28, 2003 pursuant to Ordinancc No. 32, Scries of 2003. While the approval
is vcsted until July 28, 2006, the project's ftnaI plat, PUD devcIopmcnt plan, and
subdivisionlPUD agreement were to have been recorded no later than January 24,
2004. This deadline, however, was extended by your predecessor, Julie Ann Woods,
at the applicant's request until January 24, 2005. An additional one year extension,
which was granted by you on December 12, 2004, extended the recordation deadline
until January 24, 2006. A third extension was granted by you on November 19,
2005, which extended the deadline until March 25, 2006. Copies of the various
extensions are attached hereto for your reference.
230 East Hopkins Ave. . Aspen. Colorado 81611 . 970/925-6958 . Fax 970/920-9310
Mr. Chris Bendon, Director
March 6, 2006
Page 2
All of the recordation deadline extensions were granted to accommodate the City's
ongoing review of an alternative project for the property. As you know, Aspen Land
Fund's application for conceptual PUD approval for a mixed use hotel/fractional
ownership project on the South Aspcn Street property was approved by the City
Council on Novcmber 28, 2005. Aspen Land Fund is present working on the hotel
project's final PUD application which we expect to submit to the City in late spring or
carly summer. As the fmal application will undoubtedly require considerable time to
review and approve, no community benefit would appear to result by requiring that
the residential project's documents be recorded by March 25, 2006.
Similarly, no benefit would appear to result by requiring Aspen Land Fund to apply
for and receive a building permit for the residential project while the preferred hotel
project is still under review. Absent an extension of the residential project's vested
rights, however, Aspen Land Fund will have no choice but to submit a building
permit application in order to maintain the prior approval's vested rights status.
Accordingly, Aspen Land Fund respectfully requests that both the recordation
deadlinc and vested rights for the residcntial project be extended until July 28, 2006.
The requested one year extension should be sufficient to complete thc review of thc
fmal PUD application for the hotel projcct and to record its associated documents. To
comply with the City's regulatory requirements, the hotel project's PUD agreement
will vacate the residential projcct's prior approvals.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
cc:
John Sarpa, Aspen Land Fund II, LLC
Arthur C. Daily, Esq.
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APPROVED
c: loldclbuslcity .Itrlltr45303 .cb2
MAR 0 (' 2006
COMMUNllY DEVELOPllt.N I UItlIO\" II,>)
CIlY OF,&SPEH
VANN ASSOCIATES, LLC
Planning Consultants
July 24, 2006
HAND DELIVERED
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: South Aspen Street SubdivisionIPOO, Request for Extension of Recordation
Deadline
Dear Chris:
Please consider this letter a request to extend me recordation deadline for the fmal
subdivision/POO documents for the South Aspen Street Subdivision/POO, a free
market residential/affordable housing project. The request is submitted pursuant to
Sections 26.480.080.E. and 26.445.070.A of the Aspen Land Use Regulations by
Aspen Land Fund II, LLC, the owner of the property. These two sections permit the
Community Development Director to extend the recordation dcadline if the request is
within the vesting timeline and therc is a community interest for approving the
extension.
The fmaI subdivision/POO documents for the South Aspen Street Subdivision/POO
were to have been recorded within one hundred and eighty (180) days of the receipt
of fmal City Council appmval. Final POO approval was granted by the City Council
on July 28, 2003 pursuant to Ordinance No. 32, Series of 2003. While the approval
is vested until July 28, 2006, the project's ftnal plat, POO development plan, and
subdivision/POO agrecment were to havc been recordcd no Iatcr than January 24,
2004. This deadline, however, was extended by your predecessor, Julie Ann Woods,
at the applicant's request until January 24, 2005. Additional one year extensions,
which wcre granted by you on December 12, 2004; November 19, 2005; and March
7, 2006, cffectively extended the rccordation deadline until July 28, 2006. On May
8, 2006, the City Council extended the project's vested rights status until July 28,
2007. Copies of the various extensions and the Council's vested rights extension
resolution are attached hereto for your reference.
All of the recordation deadline extensions were granted to accommodate the City's
ongoing review of an alternative project for the property. As you know, Aspen Land
230 East Hopkins Ave. ' Aspen. Colorado 81611 . 970/925-6958 . Fax 970/920-9310
r
Mr. Chris Bendon, Director
July 24, 2006
Page 2
Fund's application for conceptual PUD approval for a mixed use hotel/fractional
ownership project on the South Aspen Street property was approved by the City
Council on November 28, 2005. Aspen Land Fund is present working on the hotel
project's fmal PUD application which we expect to submit to the City in August of
this year. As the ftnal application will undoubtedly require considerable time to
review and approvc, no community beneftt would appear to result by requiring that
the residential project's documents be recorded by July 28, 2006.
Accordingly, Aspen Land Fund respectfully requests that the recordation deadline and
for the residential project also be extended until July 28, 2007. The requested one
year extension should be sufficient to complete the review of the ftnal PUD applica-
tion for the hotel project and to record its associatcd documents. To comply with the
City's regulatory requirements, the hotel project's PUD agreement will vacate the
residential project's prior approvals.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to can.
Yours truly,
TES,LLC
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Attachments
APPROVED
JUL 2 6 Z006
cc:
John Sarpa, Aspen Land Fund II, LLC
Arthur C. Daily, Esq.
COMMUNllYDEVEL0HWIIlJIht:\,II.h1
CflY ~ ASPEN
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MEMORANDUM
VIII b
TO: Mayor and Council
FROM: Adam J. Trzcinski, Projcct Manager.
THRU: Tricia Aragon, P.E., City Engineer, Randy Rcady, Stcve Barwick.
DATE OF MEMO: April 16, 2007
MEETING DATE: April 23, 2007
RE: Ordinance No. 15 series 2007: Revision of Municipal Code Title 21,
Rcvision of Construction and Excavation Standards.
SUMMARY: The engincering department has reviscd and updated municipal code title
21.12.04,21.12.12, and 21.12.16. and the engineering department standards for construction and
excavation within city right of way.
BACKGROUND: Enginccring department staff deemed it nccessary to revise the existing title
21 to better address city interests as thcy pcrtain to the right of way as well as make it easicr to
disseminatc all relevant information to construction professionals. Staff feels that easier access
to complete information regarding construction in the public right of way will facilitate quality
construction and mitigate impacts to the right of way. The last significant revision to title 21
occurrcd in 1990 and since then city policy regarding construction and development has evolved
to a point whcre title 21 needs to be reviscd.
PREVIOUS COUNCIL ACTION: Council chose to movc forward on proposed ordinance 15
series 2007 to second reading scheduled for 23, April 2007.
DISCUSSION: Staff has reviscd thc Title 21 document into thc "strike-through-red-linc"
format. Staff has also made subtle changes to the ovcralllanguage ofthe proposed Title 21 and
the construction and excavation standards sincc Counci11ast saw it.
The attached documents includc:
1. Thc existing title 2 I chapters 04, 08, 12, and 16 with all ofthe dclctions shown as
strike through and insertions highlighted in red,
2. The proposed ordinance for the ncw title 21,
3. Previous staff memo to Council dated 3/26/07.
RECOMMENDATION: Staffrecommcnds that the proposed title 21 and construction and
excavation standards be approved by council.
PROPOSED MOTION: "I movc to approve Ordinancc No. 15, Series of2007."
CITY MANAGER COMMENTS:
Attachments:
A - Existing Title 21 with red-line edits
B - Proposed Title 21
C -Staff memo to Council datcd 3/27/07
Attachment A
Existing Title 21 with red-line cdits
Titlc 21
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*1 *2
Chaptcrs:
21.04 General Provisions
21.08 Dcpartment of Streets and Allcys
21.12 Construction and Excavation Within Public Right-of-Way
21.16 Sidcwalk, Driveway, Curb and Guttcr
21.20 Trccs and Landscaping on Public Right-of-Way
21.24 Permits for Ski Storagc Racks Encroaching or Located Upon Public Rights-of-Way
21.28 Local Public Improvemcnts
21.32 Snow Removal
21.36 Rio Grande Skateboard Park
*1 Cross refercncc(s)-- Department ofenginccring, 9 2.20.010 et seq.; allowing livestock to
graze along public thoroughfares prohibited, 9 6.04.040; allowing livestock to obstruct streets and
sidcwalks prohibited, 9 6.04.050; hcrding through streets, 9 6.04.060; buildings and building
regulations, Titlc 8; vendors not to obstruct public ways, 9 15.04.360; permits requircd for parades,
meetings and asscmblics on public streets and sidcwalks, 9 15.04.490; traffic, Title 24; vehiclcs
with lug wheels on strccts restricted, 9 24.04.060; utilities, Title 25; land use regulations, Titlc 26;
cable television systems, Titlc 27.
*2 Statc lawreference(s)-- Public improvements, C.R.S. 31-25-101 et seq.
Chapter 21.04
GENERAL PROVISIONS-I
Sections:
21.04.010 Definitions.
21.04.020 Certain ordinanccs rclating to streets not affccted by Code.
21.04.030 House numbcring--Required.
21.04.040 Same Site--Map.
21.04.050 Occupancy of public right-of-way prohibitcd without encroachment liccnsc;
application fee; appcals.
21.04.060 Temporary construction within public right-of-way restrictcd.
21.04.070 Temporary storagc of merchandise on public right-of-way rcstricted.
21.04.080 Obstruction of ditches and gutters prohibitcd.
2 I .04.090 Dangerous opcnings in streets.
21.04.100 Obstructing cxcavations, construction or repairs prohibitcd.
21.04.110 Damage, rcmoval, ctc., of safety barricadcs or devices prohibited.
21.04.120 Draining watcr onto public right-of-way rcstricted.
21.04.130 Reserved.
-I Editor's notc-- Ord. No. 30-1975, S I, repealed formcr Art. I, SS 19-1--19-11, containing
general provisions relativc to streets, sidewalks and public property, and cnacted in licu thereof a
new Art. I, SS 19-1--19-13, [Ch. 21.04], as hercin sct out. Former Art. I was derived from Code
1962, SS 4-9-1, 4-9-2, 6-1-33, 6-1-41, 8-1-9--8-1-11, 8-3-1, 8-4-1, 8-4-2, and Ord. No. 22-1966.
21.04.010 Definitions.
For the purposes of this titlc ccrtain words or phrases are defined as follows:
(a) Alley. A public way having less width than a street and dcsignated for acccss to the
rear of buildings or improvcments.
(b) Curb cut. That portion of the street curb or roadway frontagc which abuts a
driveway.
(c) Drivcway. That portion ofthc sidewalk arca which is improvcd, designed, or
ordinarily used for vehicular access to propcrty abutting the strect.
(d) Emcrgency. Any cvcnt which may thrcatcn public hcalth or safety, or that results in
an interruption in the provision of service, including, but not limitcd to, damaged or leaking watcr
or gas conduit systems, damaged, pluggcd, or Icaking sewer or storm drain conduit systems,
damagcd electrical and communications facilities, or as othcrwise recommcnded by the city
engineer or designee and approved by the city manager.
f4j(e) Pavcment and/or Paved improvements. The tcrm shall includc any improvemcnt
constructed of asphalt concrete, seal and chip, concrete or similar impervious wearing surface,
including but not limited to roadway, sidewalk, curb, gutter and similar improvements.
fej(t) Public right-of-way. Any public way or public thoroughfare dedicated or devotcd to
public use including street, highway, road, alley, lane, court, boulcvard, sidewalk, public square,
mall or like dcsignation.
2
tt)(g) Roadway. That portion of a strcct improved, designed, or ordinarily uscd for
vehicular traffic.
tgj(h) Sidewalk. That portion ofthc sidcwalk area which is paved with an all-wcathcr
surfacing for use by pcdcstrians.
fhj(i) Sidcwalk area. That portion of a street betwecn thc curb line, or the lateral line of a
roadway, and the adjaccnt property line, intended for the use of pedestrians and including the terms
border area, parkway, park strip, planting strip and like designations.
fB(j) Street. A public way for vchicular traffic including roadway and sidcwalk area,
bcing the entire width from property line to propcrty line dedicated or devoted to public usc, and
including thc terms highway, road, place, avenue, or othcr likc designations.
@(k) Strcct improvement. The term shall include roadway/alley paving, sidewalks,
driveways, curbs, guttcrs, strcct lights, street signs, traffic signs and signals, storm sewers, culverts,
bridges and drainagc appurtcnanccs and similar items. (Ord. No. 30-1975, S 1: Codc 1971, S 19-1)
21.04.020 Certain ordinances relating to streets not affected by Code.
Notiting in this Code or the ordinance adopting this Code shall be construed as repealing or
otherwise affccting thc validity of any ordinance:
(a) Dcdicating, acccpting, naming, establishing, locating, rclocating, opening, paving,
widening, improving, or vacating any strcct or other public way in the city;
(b) Establishing or prescribing gradcs for streets or street improvcmcnts in thc city;
and all such ordinances are hereby recognized as continuing in full force and effect to thc samc
extent as if set out in full hcrcin. (Ord. No. 30-1975, S I: Code 1971, S 19-2)
21.04.030 House numbering--Required.
All lots, buildings and structures in the city shall be numbcrcd in accordance with thc
following plan:
(a) North nwnbcrs shall commence on the north property line of Main Strect.
(b) South numbcrs shall commence on the south propcrty line of Main Street.
(c) East nwnbcrs shall commence on the east propcrty linc of Garmisch Street.
(d) Wcst numbers shall commence on thc wcst propcrty line of Garmisch Street.
(e) Evcn numbcrs shall be on the east and north sidcs of the streets.
(f) Odd numbers shall bc on thc south and west sides ofthc strccts. (Ord. No. 30-1975,
S 1; Code 1971, S 19-3)
21.04.040 Sttme-Site--Map.
Thc building inspcctor shall keep a map showing the propcr strcct nwnber of every building
sitc in the city which shall be open to inspcction to any intcrested person. (Ord. No. 30-1975, S I:
Code 1971, S 19-4)
21.04.050 Occupancy of public right-of-way prohibited without encroachment license;
application fee; appeals.
(a) No person shall occupy, construct, place or maintain within any public right-of-way
any building, structure or appurtenance, fence, tree, vcgctation or other obstruction without first
having obtained an cncroachmcnt license from the city engineer. Any person seeking an
encroachment license must submit an application therefor on forms provided by the city engineer
3
accompanied by an administrative fec in an amount prescribcd by scction 2.12.050(e) of this Code.
The city engineer may specify the terms and conditions under which any encroachment licensc is to
be issued so as to protcct the best interests of the city. All encroachment licenses granted undcr this
scction shall be revocable by the city with or without cause at any time. No permit requircd by this
chapter shall be issued within any city/public right of way for the period from November 15
through March 31 within the commercial core and main street corridor.
As a general policy, it is not in the city's interest to grant encroachments, thercby providing
public property for private use. New structures should be able to accomplish their various needs
within the confines of their property boundaries and required sctbacks. Granting of encroachmcnt
would generally occur under one ofthc following conditions:
I. To acknowledge an existing, historical condition and to outline the owncr's
liability and responsibility for maintenance and removal of the encroaching structure, or
2. To license an encroachment that is a public amenity. Examples may includc
awnings on commercial structures, non-rcstrictive safe objects, planters in thc right-of-way
(but not within pedestrian walkways), irrigation systems approvcd by enginccring and parks
dcpartments to maintain landscaping within public right-of-way, or
3. To allow construction trailers, dumpsters, temporary pedcstrian walkways,
and scaffolds to be placed in thc public right of way and on a temporary basis not to cxcced
12 months. The applicant must prove to the city, lack of storage space on hislher private
property with an acceptably justifiable reason.
(b) Any person aggricvcd of a decision by the city enginecr under this scction may seek
an appeal of samc to the board of adjustment. All appcals must be submitted in writing to the city
cngineer within tcn (10) days ofthc dccision being appcalcd from. The city engineer shall promptly
forward all appeals to thc board of adjustment wOO that shall schedule and conduct a hearing
thcrcon within thirty (30) days. The board of adjustment shall utilize the following standards in
dctcrmining whethcr to affirm, revcrsc or modify the dccision of the city cngineer:
(I) Whethcr the requested cncroachment is thc minimum encroachment necessary to
makc possible the reasonable use of thc parcel, building or structure in question.
(2) Whcther denial of the cncroachment would causc the applicant unnecessary hardship
or practical difficulty.
(3) Whcthcr there are special circumstances or conditions which arc unique to thc
parcel, building, or structure in question which arc not applicable to othcr parcels, buildings or
structurcs.
All dccisions of the board of adjustment under this section shall be reduced to writing.
(c) Nothing contained in this scction shall be construcd to apply to improvements or
activities undcrtaken within a public right-of-way by thc city, its employees or agents, or thc
placement of tcmporary safety barricades or structures around excavations or construction within a
public right-of-way, or the placement of other devices or structures that may bc required to bc
placed in a public right-of-way by rcason of state or fcdcrallaw or regulation of section 21.04.060
of the Municipal Code. (Ord. No. 30-1975, Ill; Ord. No. 68-1975, Ill; Ord. No. 41-1985, Ill; Ord.
No. 11-1992, Ill; Ord. No. 77-1992, 1l8: Code 1971, 1l19-5)
21.04.060 Temporary construction within public right-of-way restricted.
Temporary guardrails, pcdestrian walkways, protective canopies, field offices and similar
itcms shall not bc constructed on public right-of-way without prior approval of the city cngineer.
4
(Ord. No. 30-1975, ~ I: Code 1971, ~ 19-6)
21.04.070 Temporary storage of merchandise on public right-of-way restricted.
It shall be unlawful for any person receiving or delivcring mcrchandise, commodities or
construction materials within the city to place, keep or suffcr to be kept upon public right-of-way
any such merchandisc, commodities or construction materials without the approval of the city
engineer. (Ord. No. 30-1975, ~ I: Code 1971, ~ 19-7)
21.04.080 Obstruction of ditches and gutters prohibited.
No pcrson shall obstruct or damagc in any manner any ditch, gutter, drain, catch basin,
culvert or othcr drainage improvement within public rights-of-way or under control of the city.
(Ord. No. 30-1975, ~ I: Codc 1971, ~ 19-8)
21.04.090 Dangerous openings in streets.
No pcrson shall leave or keep open any ccllar door, pit, vault, manhole or othcr
subtcrraneous opening on any street, allcy, sidcwalk, or other public way, or keep such opcning in
an unsccurcd condition so that vehicles, pcrsons or animals will be in danger of sustaining injury or
damagc. (Ord. No. 30-1975, ~ I: Code 1971, ~ 19-9)
21.04.100 Obstructing excavations, construction or repairs prohibited.
It shall bc unlawful for any person to hinder or obstruct any excavation or the construction
or repair of any paving, sidcwalk,curb, gutter, drainage improvement, utility or other street
improvements performed pursuant to thc provisions of this title. (Ord. No. 30-1975, ~ I: Code
1971, ~ 19-10)
21.04.110 Damage, removal, etc., of safety barricades or devices prohibited.
It shall be unlawful to damage, displace, removc or intcrfere with any barricadc, warning
light or other safcty appliance or device which is lawfully placcd around or about any excavation or
other street improvement construction in any street, alley, sidewalk, or other public right-of-way.
(Ord. No. 30-1975, ~ I: Code 1971, ~ 19-11)
21.04.120 Draining water onto public right-of-way restricted.
No pcrson shall drain water from any swimming pool, thcrapy pool, cistern, pond or similar
improvcment onto the public right-of-way without approval of the city cngineer and street strccts
superintendent. (Ord. No. 30-1975, ~ I: Codc 1971, ~ 19-12)
21.04.130 Reserved.
Editor's notc-- Ord. No. 79-1983, ~ I, repealed formcr ~ 19-13, relative to thc rcsponsibility
for rcmoval oficc and snow from sidewalks, derived from Ord. No. 30-1975, ~ 1. (Code 1971, ~
19-13)
5
Chapter 21.08
DEPARTMENT OF STREETS AND ALLEYS
Scctions:
21.08.0 I 0
21.08.020
21.08.030
21.08.040
21.08.050
Creation.
Composition, direction and control.
Strcet superintendent--Appointment and removal.
Samc--Qualifications.
Samc--Functions and duties.
21.08.010 Creation.
Therc is hereby created and cstablished a departmcnt of streets and allcys of the city for thc
purpose of providing the necessary strcct and alley construction and maintenancc scrvices requircd
by the city. (Code 1962, S 3-8-1; Ord. No. 8-1969, S 2: Codc 1971, S 19-26)
Charter referencc(s)-- Authority to cstablish departments, S 6.9.
21.08.020 Composition, direction and control.
The street and alley department ofthc city shall be under thc direction and immcdiate
control of the street supcrintcndent, who may appoint an assistant strcct superintendent and all
necessary employees as may be authorized. Thc street superintendcnt shall be responsible for the
acts of all employecs so appointed. (Codc 1962, S 3-8-2; Ord. No. 8-1969, S 3: Codc 1971, S 19-27)
21.08.030 Street superintendent--Appointment and removal.
The strcct superintendent shall bc appointed by and bc responsiblc to thc city manager and
his appointment shall continue during satisfactory service at thc plcasurc of the city managcr. (Code
1962, S 3-8-3; Ord. No. 8-1969, S 4: Code 1971, S 19-28)
21.08.040 Same--Qualifications.
Thc strcct superintendcnt shall be appointed on the basis of his supcrvisory and tcchnical
qualifications with spccial reference to his actual expericncc in and his knowlcdgc of the functions
and dutics of his office as sct forth in this chaptcr. (Code 1962, S 3-8-4; Ord. No. 8-1969, S 5: Code
1971, S 19-29)
21.08,050 Same--Functions and duties.
The street supcrintendent shall be a department head of the city. His functions and dutics
shall be as follows:
(I) Prepare rccommendations, progress reports and work programs as rcquired.
(2) Prepare and submit annual dcpartment budgct requests.
(3) Supervisc, inspcct, revicw and approve the construction and rcpairs of all city streets
and alleys.
6
(4) Purchase and approvc the purchasc of departmental materials, supplies and
equipment.
(5) The street superintendent shall prcscrvc all records, plans, maps, notcs, surveys,
books, papers, documents, supplics and cquipmcnt pcrtaining to his office. In the event of
resignation or removal from officc they shall bc dclivcrcd to his succcssor in office or to thc city
manager.
(6) Prepare daily work schcdulcs for employees, assign all equipment to projects.
(7) Train or assign subordinatc cmployees in training of new employees.
(8) Coordinatc inter-divisional and inter-departmental work programs with other
supervisors during special project assignmcnt.
(9) The street superintcndcnt shall pcrform such other duties as may be prescribed by
law or rcquired of him by ordinance or by direction of the city managcr. (Codc 1962, S 3-8-5; Ord.
No. 8-1969, S 6: Code 1971, S 19-30)
7
Chapter 21.12
CONSTRUCTION AND EXCA V A nON WITHIN PUBLIC RIGHT-OF - W A y* I
Scctions:
21.12.010
21.12.020
21.12.030
21.12.040
21.12.050
21.12.060
21.12.070
21.12.080
21.12.090
21.12.100
21.12.110
21.12.120
21.12.1~30
21.12.140
21.12.150
21.12.1460
21.12.1~70
21.12.1680
21.12.1190
21.12.+S200
21.12.+9210
21.12.2G20
21.12.2+30
21.12.2;M0
21.12B50
21.12.2460
21.12.2~70
21.12.2680
21.12.2190
21.12.2&300
21.12,;19310
21.12.3G20
21.12.3.}.30
21.12.3;M0
21.12.350
21.12.360
8
Pcrmit required.
Application.
Plans and spccifications required for construction.
Fees.
Pcrmittce may replace pavcd improvements.
Liccnsing and insurancc rcquired.
Conditions and special rcquirements for issuancc.
Changc in scope of work; duty to notify.
Issuancc of permit in certain months restricted.
Pcrmit to be kept and exhibited at site.
Rccord keeping rcquircd.
Street c10surcs not permitted.
Limitations on usc of public streets, allcys and sidewalks for construction
materials.
Limitations to soil stabilization methods.
Construction and excavation subject to inspcction.
Time limitations for cxcavations.
Emcrgency access rcquircd.
Safety measures and barricades requircd.
Protection of strcct improvements, utilitics and adjacent propcrty.
Rcsponsibility to protcct street improvcmcnts, utilities, or property and report
their damage.
Rcmoval of paved improvcmcnts.
Disposal and handling of excavation matcrial.
Backfill.
Select backfill.
Clean up of work site.
Responsibility of pcrmittee to providc tcmporary patch.
Maintcnance of backfill and tcmporary patch.
Rcsponsibility of city to replace paved improvcments.
Compliancc rcquired.
Warranty period.
Termination ofprojcct ifnot expeditiously completed.
Repair to paved streets.
Placement of ribbon in utility trenches.
,^.Sflhalt Repaving.
Restrictions to protect pedestrian and vehicular traffic.
As-built drawings required.
21.12.370
21.12.380
21.12.390
Excavation under existing curb, gutter and sidewalk.
Dust control.
Violation; penalty.
*1 Editor's note-- Ord. No. 30-1975, S I, repealcd formcr Art. III, Div. I, SS 19-46--19-54,
and Div. 2, SS 19-69--19-78, relative to excavation, and enactcd in licu thcrcof a ncw Art. III, Div.
I, SS 19-46--19-56, and Div. 2, SS 19-69--19-83 [Chapter 21.12], as herein set out. Former Art. III
was derived from Codc 1962, SS 8-2-1--8-2-13; Ord. No. 3-1964; Ord. No. 24-1965; Ord. No. 12-
1966; Ord. No. 16-1968; Ord. No. 12-1969; and Ord. No. 5-1970.
21.12.330 Rcstrictions to protect pedestrian and vehicular traffic.
21.12.340 As-built drawings rcquired.
21.12.350 Excavation undcr cxisting curb and guttcr and sidewalk.
21.12.360 Dust control.
21.12.370 Violation; penalty.
21.12.010 Permit required.
It shall bc unlawful for any pcrson to undertake any construction or repair within, or dig up,
open, disturb, gradc, cxcavatc or othcrwise alter any street, alley, sidewalk, or other public right-of-
way in thc city without first having obtained a permit for such work from thc aiFceter Elf plli3lie
weFks city engineer or designee. A scparate permit shall be required for each construction or
excavation project. New structures should be able to accomplish their various needs within the
confincs of their property boundaries and required setbacks. All right-of-way permit applications
shall comply to thc most currcnt cdition of the engineering department's construction and
excavation standards for work in the public rights-of-way. (Ord. No. 30-1975, S I; Ord. No. 11-
1977, S I; Ord. No. 20-1990, S I: Code 1971, S 19-46)
21.12.020 Application,
Application for an e)(ea'iatioH a right-of-way pcrmit shall bc madc no later than one week
prior to the planned commencement of the work. Thc applicant must havc a valid builder's or
excavating license issued by the City of Aspcn/Pitkin County Building Department. The director of
plli3lic works city cnginccr or designee may allow thc permittcc to obtain a permit sooner than one
week prior to the planned commencement of thc work if thc scope of work is deemed to be a small
cxcavation. Emergency situations will be exempt, however, a permit must be obtaincd as soon as is
possible and no later than the next business day. (Ord. No. 30-1975, S I; Ord. No. 11-1977, S I;
Ord. No. 20-1990, S I: Codc 1971, S 19-47)
21.12.030 Plans and specifications required for construction.
No pcrmit for construction within any city right-of-way shall be issued until plans havc bccn
submitted to and approved by the director of public 'Norks city engineer or designce. (Ord. No. 30-
1975, S I; Ord. No. 11-1977, S I; Ord. No. 20-1990, S I: Code 1971, S 19-48)
21.12.040 Fees.
No permit shall be issucd unlcss thc applicant has first signed the required agrcemcnt ami ,
paid the required fees and filcd the appropriate bond as follows:
(a) An indemnity and hold harmless agreement as approved by the city attorney.
9
(b) A permit fee in an amount prescribed by section 2.12.050(e) ofthis Code.
(c) A smety maintenance bond in an amount equal to t1te total cost of construction,
including labor and materials at' or two thousand fivc hundred dollars ($2,9500.00) whichever is
greater. The maintenance bond shall guarantcc that the material and equipment is furnished and
used, and the workmanship empIoycd in the performance of the work described in t1te right-of-way
permit will be of such character and quality as to insure it to be free form all defects and in
continuous good order and in a condition satisfactory to t1te city of aspcn engineering departmcnt
for a period of two years form the date of issuance of the final inspection log indicating 100%
satisfactory completion of t1te work. Thc maintenance bond shall be non-cancelable for two full
years from the date of issuance of satisfactory completion.
Eyery pemsn applying for an excavatisn peFffiit shall file '.vith the separtment ef pablic
werks a sarety bens in favor efthe city in a sam s[(.,vs thoasans sellars ($2,0~Jll.00) (or other
amolHlt sete_ined by the directsr sfpablic werks) cenditiened lIjlSR (1) the faithfal pcrfuFffiance
of sach '.vsrk in strict cOffijlliance with the specificatiens, rules, regalatisns and ordinances efthe
City of ."'spen; (2) the resteratien and eleRIIllp sf any street, alley, side'Nalll, curb, glllter, er sther
plllJlic place in which the bsring, e)(cavatien er spening shall be made, te its sRginal censitien as
setermined by the public wsrks department; ans (3) the maintenance ef the site saring the wammty
peried herein pre'/ises. Fsr projects eyer fear thsunans sellars ($4,000.00), the cemracter shall
take oil! a performance bens with tile e'Nner, naming the City of ."spen as cs insures f{)r the
amellRt efthe pf8ject. This CRII be in lieu sf the sUfety bens. The bcns may be 'lllli'/es by the
directer ef public werks lIjlen llflpIicant's shewing of gees calise.
(d) The applicant may substitutc the submitting of a maintenance bond with a lcttcr of
credit or cash in lieu payment contingcnt upon approval ofthc city engineer.
(d) If thc city must replace thc improvements, the centmctsr will be assessed fer these
impro'/emems within two years of acceptance of the work, thc city shall execute thc maintenance
bond or Ictter of credit. The city ',vill charge the csntracter the cost of the time and materials
illyclved plas one hansres (100) percellt. This llflplies ts lIIlj' werk that the city mast perform
illclusing demslitiell, bacldm, cSffijlactioll RIIS replacing asphalt, pa'/ing falJric, csncrete sisev/alk
curb ails gutter, and mall bricks. This will encourage thc contractor to take the initiativc to replace
t1te defective improvements. Thc city will not replacc improvements unless thc contractor chooses
not to rcplace them, er lII1less the csffiFaotsr has installes substandard iffijlf8'/ement. (Ord. No. 30-
1975, S I; Ord. No. 11-1977, S 1; Ord. No. 88-1979, S 1; Ord. No. 37-1985, S I; Ord. No. 20-1990,
S 1; Ord. No. 77-1992, S 9: Code 1971, S 19-49)
21.12.050 Permittee may replace paved improvements.
For construction and cxcavation in paved areas the pcrmittce may elect, subjcct to thc
approval of thc sirecter ef plllJlic weRm, city engineer or dcsignee, to replace the paved
improvemcnts in lieu of paying thc fees specified in section 21.12.040(d). The pedestrian mall brick
pavcment area shall bc rcconstructed under the supcrvision of the parks director. Where bricked or
other specializcd sidewalks are encountercd outside of the pedestrian mall, the permittee shall
undertake complete restoration of thc surface. All bricks or other specialized sidewalk materials
shall be removed with carc and stockpiled for reusc if at all possible. The replacement of the paved
improvemcnts shall be in accordance with all city specifications and subject to inspections and final
approval by the directsr sf plllJIic 'l.'6fks city engineer or designee. (see construction and excavation
standards) (Ord. No. 30-1975, S I; Ord. No. 11-1977, S 1; Ord. No. 20-1990, S 1: Code 1971, S 19-
10
50)
21.12.060 Licensing and insurance required.
All permittees under this chapter must be liccnsed and insured pursuant to Chapter 8.12.
(Ord. No. 30-1975, S 1; Ord. No. 11-1977, S 1: Code 1971, S 19-51)
21.12.070 Conditions and special requirements for issuance.
Permits undcr this chapter shall be issued subject to all thc rcgulations and specifications in
scctions 21.12.B20 through 21.12.J790 of this chapter, the city's construction and cxcavation
standards, 5fleeifications for street ilflflrovelflents, and any special requirements that the dir-ector of
J'llliJlic works city engineer or designee dccms necessary in order to maintain the hcalth, welfare,
safety and convenicncc of the public. (Ord. No. 30-1975, S I; Ord. No. 11-1977, S 1; Ord. No. 20-
1990, S I: Code 1971, S 19-52)
21.12.080 Change in scope of work; duty to notify.
If there is any change in the scope or cxtent of the work dcscribed in the approvcd
construction or e)(eli':ation right-of-way pcrmit, the permittec shall immediately notifY thc airector
of flllblie '.vorles city enginecr or designee bcfore proceeding. (Ord. No. 30-1975, S 1; Ord. No. 11-
1977, S I; Ord. No. 20-1990, S 1: Code 1971, S 19-53)
21.12.090 Issuance of permit in certain months restricted.
No permit requircd by this chapter shall bc issued for any construction or excavation within
any alley sr roadway city right-of-way for the period from November 15 through March 31, cxcept
in case of an cmcrgency occasionea by a break or 5tsflflage of any water, sey:er, gas line, or otller
bllried lItility. In addition, from June I ~ through Labor Day wcckcnd for the Commcrcial Core and
Main Street Corridor, no construction or excavation within any alley Elf madway city right-of-way
will bc pcrmitted except in casc of an emergency occasioned by a break or stOJ'lflage of any ',vater,
sewer, gas line, or otller bllriea IItility or as otlleF\':ise recolfllflendea by tile directElf of J'lllblic works
ana RJ'lflrO'/ed by the city Ifl!lflager. (Ord. No. 30-1975, S 1; Ord. No. 11-1977, S I; Ord. No. 46-
1989, S I; Ord. No. 20-1990, S I: Code 1971, S 19-54)
21.12.100 Permit to be kept and exhibited at site.
The pcrmit rcquired by this chapter shall be kept at thc site of the excavation while thc work
is in progrcss and shall be exhibitcd upon request to thc director of flllblie works, llis IIIItllerized
reflresentatj-.'e city engineer, designcc, or any policc officer. (Ord. No. 30-1975, S 1; Ord. No. 11-
1977, S 1; Ord. No. 20-1990, S 1: Code 1971, S 19-55)
21.12.110 Record keeping required.
The director of fllllJlie works city engineer shall keep a record of all permits issued. (Ord.
No. 30-1975, S 1; Ord. No. 11-1977, S I; Ord. No. 20-1990, S 1: Code 1971, S 19-56)
21.12.120 Street closures not permitted
Street closures are not permitted. The city engineer or designee may permit lane closures.
11
When lane c10surcs are permitted, the applicant must:
I. V crify the closure specified on thc permit with the engineering Department, School
District, and the Roaring Fork Transit Authority (RFTA) at least one (1) week in
advance.
2. Notify the Aspen Communication Center at (970) 920-5310 onc (1) day prior to
closure and at the time of rc-opening.
3. Sct and maintain, at applicant's expense, necessary barricades, flashers, construction
signs, and flaggers; and take all necessary precautions in accordance with the
Manual on Uniform Traffic Control Devices (MUTCD).
Complete the work betwccn 7:00 a.m. and 7:00 p.m., Monday through Saturday,
unless approved otherwise by the environmcntal health department for work activity
outside the specified time frame.
21.12.U30 Limitations on use of public streets, alleys and sidewalks for construction
materials.
(a) Purposc. It shall be the purposc of this section to regulate the use of public streets,
allcys and sidewalks for construction matcrial storage and placemcnt of pedestrian barricades. This
rcgulation is intendcd to insure adequate snow rcmoval in city streets, alleys and sidcwalks, allow
for safc flow of pedestrian and vchicular traffic and maintain the imagc of Aspen as a rcsort
community, while also accommodating construction activity.
(b) Definitions.
(I) Construction material storagc means parking of construction trailcrs or
construction equipmcnt, storage of construction materials for any purpose other than unloading or
placement of any structure which is typically accessory to construction activity.
(2) Pcdestrian barricadcs means any structurc authorized by thc direeter ef
pHblie works city engineer to permit the safe passage of pedestrians past construction sites.
(3) Paved strect means that portion of the right-of-way between curbs or
drainage swalcs.
(4) Sidewalk mcans that portion ofthc right-of-way betwecn a curb or drainagc
swalc and a propcrty line.
(c) Limitations.
(1 ) The following limitations shall bc cnactcd on the use of thc public right -of-
way during the period of November 15 to April I~:
a. Storage of construction materials shall be prohibited in all pavcd
streets, ffi alleys and ffi sidcwalks in the City of Aspen.
b. Placement ofpcdcstrian barricades shall be prohibited in all paved
streets and in alleys in thc City of Aspen.
c. Placement of pedestrian barricades shall be permittcd in sidewalks in
the City of Aspen by obtaining a permit from the diFeetsr of pHblie werks city engineer or dcsignee.
(2) The following limitations shall be enacted on thc use of the public right-of-
way during the period of April I to Ne'lsmbsr June 14 & Labor Day to November 15:
a. Storagc of construction materials shall be prohibited in all pavcd
strccts, sidcwalks and in alleys in the city of aspcn.
b. Sterage sf eonstruetion materials shall be pel'ffiitted in sidevfallcs in
the City sf .^.spen by ebtaining a pel'ffiit frem the direeter sf flHblie werks.
e b. Placement of pcdestrian barricades shall be permitted in paved
12
streets, in alleys, and in sidcwalks in the City of Aspen by obtaining a pcrmit from the director of
flllblic works city engineer or designee.
(3) EKcefltiens. Thc following limitations shall be enacted on thc usc ofthc
public right-of-way during the period of June I tirrough Labor Day:
a. Tile director of flHblic works may make el(ceptiolls to this sectioll
wilen special circHmstances are flreseftl where strict comfllianee of tIlese regHlatiolls 'l.'oHld
jeoflardize the pllblic safety or tile e)(peditioHs eoftlillllation of tile flroject, allll gFllllting tile
eKceptioR is iR tile pHblic iftlerest. Storage of construction materials shall bc prohibited in all paved
streets, sidewalks, and in alleys in the city of aspen.
b. [Reserved.] Placement of pcdestrian barricades shall be permitted in
paved strects, alleys, and sidewalks in the city of aspcn, cxccpt within tile commercial core and
main street corridor, by obtaining a permit from the city enginccr or dcsignee.
(4) Exccptions.
a. Thc city engineer or designee may make exccptions to this section
whcn special circumstances are present whcrc strict compliance of tIlese regulations would
jeopardize the public safety or tile expeditious continuation of thc project, and granting tile
exception is in tile public interest.
b. [Reservcd.]
(d) Permits.
(1) Thc director of pllblic works city engineer or designee shall have the sole
rcsponsibility for issuance of permits pursuant to this section.
(2) In determining whcthcr to issue a permit, the director of pHblic werks city
engineer or designcc shall consider the following:
a. For the placemcnt ofpcdcstrian barricades in the public right-of-way,
the applicant shall dcmonstrate that the barricade: Cannot bc functionally located on private
property; provides for safc passage of pedestrians; will be maintaincd in a usable safe and attractive
manner; and is located so as to minimizc the loss of public parking spaccs to the extent practicablc.
b. For thc storagc of construction materials in a sidcwalk, the applicant
shall: Demonstrate that the materials cannot bc functionally located on privatc propcrty; provide a
pedestrian walkway to replace the sidcwalk whcn it is blocked by construction materials; and insurc
that the period of storage is the minimum ncccssary to accomplish neccssary construction activitics.
(Ord. No. 12-1988,9 I; Ord. No. 20-1990, 9 I: Codc 1971, 919-57)
21.12.140 Limitations to soil stabilization methods.
Construction involving soil stabilization activity shall not penetratc the city right of way.
All excavation and stabilization work shall be contained within thc confines of the projcct property
boundarics.
Varianccs from this requirement may bc grantcd at the sole discretion of tIlc city engineer.
21.12.B50 Construction and excavation subject to inspection.
All work requiring a permit pursuant to the provisions of this chapter shall be subjcct to
inspcction, in compliancc with city codes, at all times by thc director of Pllblic -sorles er Ilis
lWlllorized represeRtative city engineer or dcsignee. It shall bc unlawful to obstruct or hinder any
lawful inspection. It is the rcsponsibility of tile applicant to contact the city of aspen engineering
Department 24 hours in advance ofthe construction schedule for requircd inspections. Thc
13
applicant must explain all existing conditions and proposed work on the permit application form.
All inspections must be scheduled during rcgular office hours at city hall which are from t1te hours
of 8:00 A.M. to 5:00 P.M., Monday through Friday, excluding holidays.
Field tests of construction materials shall be required by the engineering department to asccrtain
compliance with specifications. An independent testing firm must make tests, and the applicant
shall pay all testing and re-testing expcnses. A written copy of all test reports must be submittcd to
thc engineering dcpartment witltin 24 hours following completion of field and laboratory material
tests. (see construction and excavation standards)(Ord. No. 30-1975, S I; Ord. No. 11-1977, S I;
Ord. No. 20-1990, S I: Codc 1971, S 19-69)
21.12.1460 Time limitations for excavations.
No excavation shall be opcn for mere than seveRt)' two (72) holll's over night. ".fler that
time, the eJi6f1vatioR shalll3e 13f1ekfilled to the level of the adjaeent \'la'/emeRt. In the evcnt of
unforesccn cxtenuating circumstances a permittcc may apply for an cxtension of the SeyeRt)' two
hoof to this limitation, and after investigation thc director of \'lHblie .,yorks city engineer or dcsignee
may grant such an extcnsion if the reasons and circumstances justifY an extension. (see construction
and cxcavation standards) (Ord. No. 30-1975, S I; Ord. No. 11-1977, S I; Ord. No. 20-1990, S I:
Code 1971, S 19-70)
21.12.1S70 Emergency access required.
No construction shall be performcd, or cxcavation madc, in such manncr as to prohibit
acccss by emergency vehicles to any building, structure or dwelling unit abutting the street or public
right-of-way. It shall be the responsibility of the permittcc to notifY the city police departmcnt when
any construction or excavation obstructs the roadway from sunset to sunrise. (Ord. No. 30-1975, S
I; Ord. No. 11-1977, S I: Code 1971, S 19-71)
21.12.1'80 Safety measures and barricades required.
(a) It shall be unlawful for any person to perform any work requiring a permit pursuant
to thc provisions of this chapter without providing sufficicnt warning lights and safety barricades or
fencing around the construction or cxcavation from sunsct to sunrise to prevcnt persons, animals
and vehiclcs from sustaining injury or damagc.
(b) From sunrise to sunset safety barricadcs or fcncing shall bc maintained but warning
lights arc not requircd.
(c) Flagmen, signals, special traffic signing, walkways, ramps, canopics, or other similar
safety prccautions shall be requircd whcn the city enginccr dcems necessary in order to maintain the
health, welfare, safety and convenience ofthc public and shall conform to current MUTCD
guidlines.
(d) All state laws, provisions of this code, or other city ordinances dealing with
measures for the safety of workmen and thc public shall be obscrved by permittces in addition to
any regulations containcd in this chapter. (see construction and excavation standards) (Ord. No. 30-
1975, S I; Ord. No. 11-1977, S I: Code 1971, S 19-72)
21.12.1190 Protection of street improvements, utilities and adjacent property.
Any pcrson performing any work requiring a permit pursuant to the provisions of this
14
chapter shall provide shoring, bracing, piling, or othcr nccessary dcviccs and shall usc thc ncccssary
precautions to protect street improvements, utilities and adjacent property from damage or
disturbance. It shall bc the rcsponsibility of thc pcrmittce to obtain lItc location of any underground
utilitics. (see construction and cxcavation standards) (Ord. No. 30-1975, S I; Ord. No.1 1-1977, S
I: Codc 1971, S 19-73)
21.12.18200 Responsibility to protect street improvements, utilities, or property and report
their damage.
It is the responsibility of the permittee to sustain, sccurc and protcct any pipes, poles, mains,
cables, street improvcments, or propcrty from damagc or disturbance that was not previously
authorizcd. If damagc occurs, thc pcrmittcc shall immediatcly notifY the direetor ef rlllblie werks
city engineer or designee and thc affcctcd utility. (Ord. No. 30-1975, S I; Ord. No. 11-1977, S I;
Ord. No.20-1990, S I: Codc 1971, S 19-74)
21.12.19210 Removal of paved improvements.
All cuts in asphalt, eenerete or other flayed iffifJroyements shall be madc in a ncat manncr
?.itk S~Hare eages and stFaigllt lines by saw cutting, rotomilling, or othcr approved method which assures
cuts with square edges and straight lincs to thc rcquircd dcpth of cut. Asphalt pavement cuts shall be such
that no longitudinal joint lies within the wheel track. All cuts in concrete shall be sawed; and sidewalk,
curb and gutter shall be rcmovcd to thc ncarcst joint if in thc opinion of the city engineer the portion
othcrwisc rcmaining would bc too small to function satisfactorily. Additional mall brick pavcmcnt
structurc shall bc removcd to allow at least one foot of exposed subgrade on all sidcs of the
cxcavation to insure propcr restoration of the surface. Mall bricks shall not be cut, but shall bc
removed from thc brick pattcrn intact and stockpiled for reuse. Damaged bricks shall not bc
rcinstallcd, but must bc rcplaccd in accordancc with the fee schedule in section 21.12.040. (see
construction and excavation standards)(Ord. No. 30-1975, S I; Ord. No. 11-1977, S 1: Codc 1971,
S 19-75)
21.12.2020 Disposal and handling of excavation material.
All excavated matcrial shall be rcmovcd from thc site and disposed of by lite permittcc as
thc cxcavation is madc whcn thc city cnginccr deems it necessary due to traffic or othcr conditions.
Any excavated material not removed immediately shall be stockpiled in a location approved by the
city cnginecr. (Ord. No. 30-1975, S 1; Ord. No. 11-1977, S 1: Code 1971, S 19-76)
21.12.2l30 Backfill.
All backfill shall bc frce from muck, dcbris, paving, frozen material, or organic mattcr and
shall bc placcd uniformly and at optimum moisture content for the required density. Compaction
shall be by mechanical tamping unless water jetting or flooding is specifically approvcd by the city
engineer. The completed and compacted backfill shall projcct slightly in a rounded surface abovc
the original grade except where a temporary patch is required. For excavations less than onc hundrcd
(100) cubic yards, the permittee may backfill with controllcd low strength material or flowfill if approvcd
by city cnginccr or dcsigncc. All backfill material and compaction shall bc subject to inspection by
the city engineer or designee and shall meet all city of aspen standards. (see construction and
excavation standards) additienal sfleeifieatiens aee8Faiag t8 tlle fellewiag elaasifieatiens:
(a) E)wavatioas ia flayed ar-eas. Backfill sllall be entirely seleet material aRd shall be
15
plaeed ia layem aot to eKeeed eigaleea (18) iaeaes ia deptll. Cempaeliaa shallae aiaet)' fi'ie (95)
pereeat aftae "..S.T.M. Desigllatiea D 898 6H.
(a) elieEl'.'atioas ia gFlYieled !IIld illlpfB'ied, allt lllIflaves, lIfeas. BaekfilllllElY ae aative
Illaterial if !lJlpr8ved ay tae eity eagilleer eKeept tilat tae top eight (8) illeaes, eEllllpaetes aepth, shall
ae thr-ee ~lIarter illeh erusaea Fllas aaae. Baekfill shallae plaees ia layem aot to e),eees eighteea
(18) iaeHes ia depta !IIla sHall eaataia no aOlllt:lers greater tHllH eigHteea (18) iaeHes ia diElllleter.
Celllpactiea sHallae mllety (99) pereeat oftHe :\.S.T.M. Desigaatiea D 898 6H.
(e) eKeEl'.,atioas ia Ilailllflreyed lIfeas. BaekfilllllG)' ae aath'e material el[eeflt tHat no
aOlllders sHall elieees eighleea (18) iaehes ia silHlleter llIlallO aOlllders gr-eater thllH sill (6) inehes ia
siElllleter shallae allEl\','es ia tile tOfl twelve (12) iaeHes. Baekfill silallae plaees ia IG)'ers aet te
eReees eighteea (18) iacHes in aepth; eOlllflaetiea skallae eighly five (85) pereellt oftae .'\. S. T .M.
Desigaatioa D 698 6H.
(a) EKeavatieas arellnalltilities. Whea BlIries IItilities life eKp8ses tile)' shallae
Baekfilles witH a millillllllll Elf t'mi'.'e (12) illehes of eelllflaetes seleet Illaterial. Selee! Illaterial shall
Illeaa SIlllS ia the ease eftelephaae, gaa, eleelrie llHd eallle televisiaa Jilles and lkree fooohs (3/1)
ineh roadBase material fer all allier IItilities. Other IllElterials Ill!!)' Be sllitallle if speeiFieally
approyes BY the eity engilleer.
(e) Elieavatioa ia peseslri!llllllalls. Baekfill saallae eatirely seleet Illaterial !illS shallae
plased ia IG)'ers net te elieeed eight (8) iaekes ia deptk. Celllflaetiell skall Be Ilillely five (95)
perseat afthe .A..S.T.M. Desigllatien D 698 61T. The FiIlEl-l smfaee, whea testes '1:ilk a tea teet
straight eage or other !lJlflra'ied devise, shallllot sko'1: a variatioa ef Illare thllH olle foliFtk (1/1)
insh aBa'ie or belew the testillg eage betweellllH')' !'1:e (2) eolltac!s withllle sllrraee. .AJlllfeas IlOt
eoafefllliag with these taleFlll1ses shall be rewerked ta 8Btain eonformity. (Ord. No. 30-1975, S I;
Ord. No. 11-1977, S I: Codc 1971, S 19-77)
21.l2.2~O Select backfill.
All cxcavations, cuts, openings or trenches shall bc backfilled with imported material unless
nativc material is approvcd by the city engincer or dcsignee. (see construction and excavation
standards) Illeetillg the follewiag speeiFieations lII1less native Illaterial is !lJlpmved ay the aireetor
ofpllblie werks:
Sieve Size
Pereeat Passing BY Weight
Three fooohs illeh
N01
Ne. 1Q
No. 299
Li~aialimit
Plastie lilllit
I 99 pereeat
39 69 pereent
25 59 pereeRt
5 12 pereeat
25 pereell! Illflldmlllll
6 pereeat maldlllllm
.AJI treaehes shall have a gFllHlIllIf sllbbase baekfilllllalerial, free [rem ergaaie Illatter !tIla
IlImfls ar balls of day, eanaisting of hllfa, aarabla partieles or fragments 8f staae or grayelllHa a
filler of slllla er ether fiaaly di'iiaealllineFllllllafter. SlIbbase Illaterial shall be eOlllpaetea ta niaety
five (95) perceat afthe praeter density aeearding ta .'\STM D 698 78 in lifts net te el,eees twel'ie
(12) iaeHes. The laat eigllteen (18) illehes eftae BaekFiIl material shall be three teliFths (3/1) inek
]6
minus eOlllflaetea in Sill inelllifts to ninety fi'/e (95) j'lereent sf tile j'lrsetor aenility aeeording to
f.STM D 69& 7&. (Ord. No. 30-1975, ~ I; Ord. No. 11-1977, ~ 1; Ord. No. 20-1990, ~ 1: Code
1971, ~ 19-78)
21.12.2;;50 Clean up of work site.
The permittee shall remove all excess excavated matcrial, boulders, barricades, signs,
supplies, equipment, rubbish and debris from the work sitc within three (3) working days. The work
site shall be left in a neat and clean appearance. It is strongly recommended that the permittee take
photos of the condition of the site prior to excavation. In the event that the city cleans up for thc
permittee, if for any reason the maintenance bond is inadcquate to cover the cost of the work
performed by the city or its contractor to clean the site, the amount of such deficiency or damagc
shall be certified to the finance director who shall collect the same from the person to whom the
permit was issued. No further permits shall be granted to that pcrson or anyone else on the person's
bchalf until thc amount of such deficiency has bccn paid. (Ord. No. 30-1975, ~ 1; Ord. No. 11-
1977, ~ 1; Ord. No. 20-1990, ~ I: Code 1971, ~ 19-79)
21.12.2460 Responsibility of permittee to provide temj'lOFlu'y patch.
Tile j'le_ittee sllall previae a telllflsflll}' ailflllalt j'lateh not less than two (2) inelles tlliek over
all e!leld-ill fsr eKeavations within j'laved reaaways. This pateh sllall be installea ,,'..lIen the baekfill is
eomllleted. Temporary or permanent asphalt patches shall bc placcd ovcr all backfill for
excavations within paved roadways within twenty four (24) hours oftrcnch backfilling. Whenever
permanent patches are not constructed within twenty four (24) hours following trcnch backfilling
operations, temporary pavement patches must be placcd to providc thc rcquired number of paved
travel lanes. Temporary pavement patches may bc left in placc for a maximum of five (5) working
days following completion of backfilling opcrations unlcss otherwise approved by the city engineer
or designee. In paved improvements other than roadways, the temporary patch shall be provided
only when required by the city cnginccr or designee. (see construction and excavation standardsd)
(Ord. No. 30-1975, S I; Ord. No. 11-1977, S I: Code 1971, S 19-80)
21.12.2~70 Maintenance of backfill and temJloFllFY Jllltch pavement.
All backfill and any telllflof!lry patell pavement or improvement shall be maintained in a
satisfactory condition, and all placcs showing signs of scttlcmcnt shall be filled and maintaincd for
a period of eigllteen (1 &) twenty four months following thc datc of tile pe_it to elwltvate
satisfactory acceptancc. When the permittee is notified by the city engineer or dcsigncc that any
backfill, patch, or paved improvement is hazardous, he/she shall correct such hazardous condition
at once. If the hazardous condition is not rcpaircd within thrcc (3) working days aftcr notification,
thc city may elect to repair the hazardous condition. The expense of such repair shall be the
responsibility ofthc permittee. Repair by the city will not release the permittee from responsibility
for subsequent failurcs.
Backhoe equipmcnt outriggcrs shall bc fittcd with rubbcr pads or othcr likc protcctivc
material whenever outriggcrs are placed on any paved surface. Tracked vehicles that may damage
pavcmcnt surfaccs shall not be permitted on paved surfaces unless specific precautions are taken to
protect the surface. The permittee shall be responsible for any damage caused to the pavement by
the operation of such cquipment. Should the permittee fail to makc such rcpairs, within thrcc (3)
days, to the satisfaction of the city, the city may repair any damage and charge the permittee.
17
Any utilities or pavcd improvements damaged by settlement shall be repaired at once by the
permittec to the satisfaction of the city engineer or designee. If the damage is not repaired within
three (3) working days after notification, the city may elect to repair the damage. Thc cxpense of
such repair shall be the responsibility of the permittce. Repair by the city will not relcase the
permittcc from responsibility for subsequent damage by settlement.
In addition, thc pcrmittee shall be rcsponsible for the cost to the city of all claims for
damages made and actions brought against the city for, and on account of, such damage. (Ord. No.
30-1975, S I; Ord. No. 11-1977, S I: Code 1971, S 19-81)
21.12.2'80 Responsibility of city to replace paved improvements.
The city shall be responsible for replacing all paved improvements which are damaged or
removed as soon as practicablc unless the permittee has elected to do so pursuant to section
21.12.050. (Ord. No. 30-1975, S I; Ord. No. 11-1977, S I: Code 1971, S 19-82)
21.12.2190 Compliance required.
Any work pcrformed which is not in strict conformity with this chaptcr shall, within ten (10)
days after noticc to the owner or person who performed thc work, be made to conform to this
chaptcr at the expcnsc of the owner or rcsponsible party or thc same shall be corrected or removed
by thc city at the expensc of the owner or rcsponsible party. (Ord. No. 30-1975, S I; Ord. No. 11-
1977, S I: Code 1971, S 19-83)
21.12.~300 Warranty period.
Any repaving, rcstoration or improvement shall be warranted by the permittee against all
defects for a period of two (2) years from the completion of such work. (Ord. No. 20-1990, S 2:
Code 1971, S 19-84)
21.12.19310 Termination of project if not expeditiously completed.
All work authorized by a permit shall be commenced at thc time specificd on the permit and
shall bc diligently and continuously performed until completcd. In the event that weather, proccss
of law, or any othcr unexpected obstacles cause work to bc stopped for so long that public travcl is
unrcasonably obstructed, the director of public works may order the excavation refilled, compacted
and repavcd as if the work contempIatcd in the permit were actually completcd. (Ord. No. 20-1990,
S 2: Codc 1971, S 19-85)
21.12.3020 Repair to paved streets.
All excavated streets that contain a layer of paving fabric shall bc replaced with paving
fabric. Specifications for the paving fabric may be obtained from thc director of public works. (Ord.
No. 20-1990, S 2: Code 1971, S 19-86)
21.12.3l30 Placement of ribbon in utility trenches.
All utility installations must have warning ribbon placed in thc trench, eighteen (18) inches
above the cable, pipe or conduit. This applies to all exposed utilities. The tape may be obtained
from the utilities. Thc color of the tape shall be per industry standards. (Ord. No. 20-1990, S 2:
Code 1971, S 19-87)
18
21.12.3140 Repaving.
In t1te case of excavations requiring repaving, the fullowiRg SfleeiFieatioRs ',vill Elj3Jlly:
.'\Sflhalt rCflliviRg shall be at Ieaat forn (1) iRches iR depth, Elj3plied iR two (2), t....'o iRch lifts. The
aSJlhalt r-epaviRg shall e)[teRd olltside the el[elP.'lHioR by at least t.....elve (I2) iRches to a eleaRellt,
s(}lIare cornered, vertical edge. .^. paviag lay dovm moohiRe shall be lItilized to FefliP/e IORgitllsiRal
treRehes with a width iR e)<cess of ORe third of a tm'/eled lane. .^.ll liSflhalt pEl'.iRg must be Elj3Jllies
withiR seveR (7) workiRg days after the trench is backfilled. The peffilittee shall remove !llIS halll
E1',vllj' ellcess aophalt. permitte shall follow all applicablc city standards. The city engineer or designee
shall have sole discretion concerning the quality and acceptancc of a pavcd improvcmcnt. No ccrtificatc of
occupancy shall be issucd for a projcct that has unacceptable paved improvements or patches. (see
construction and excavation standards) (Ord. No. 20-1990, S 2: Code 1971, S 19-88)
21. 12.3J50 Restrictions to protect pedestrian and vehicular traffic.
No opening or excavation shall be undercut or have a greater width at thc bottom than thc
top. In no case shall more than one-half of the width of any street, allcy or othcr public placc bc
opened or excavated at anyone time, and in all cases one-half of such strcct, alley or other public
place shall remain untouched for the accommodations of traffic until the other one-half is rcstorcd
for safc usc unlcss otherwise authorized by the director of plliJlic '....orks city engineer or designee.
All such work shall bc pcrformcd in such a way as to cause minimum inconvenience and restriction
to the public and both pcdcstrian and vchicular traffic. (Ord. No. 20-1990, S 2: Code 1971, S 19-89)
21.12.3460 As-built drawings required.
The Community Development Department will furnish thc applicant with a map of the area
proposcd for development. Upon complction ofthc projcct, thc applicant shall furnish a mark-up of
the map showing all utilities encountercd during thc cxcavation, thcir sizc !llIS their identification,
and theH location based on swing ties to fixed monuments such as manholcs, street lights, curbs,
and their depths below the surface of the street, alley, or sidewalk area. This mark -up shall also
identify any new improvements made to the area including but not limited to utility connections,
sidewalks, driveways, etc. These as-builts may also be submitted in a digital format acccptablc to
thc community development department. (Ord. No. 20-1990, S 2; Ord. No. 54-1995, S 5: Codc
1971, S 19-90)
21.12.350 Excavation under existing curb and gutter and sidewalk.
If any excavation occurs under existing curb and , guttcr or sidcwalk, that curb and , gutter
and sidcwalk shall bc rcmovcd and rcplaccd. Thc rcplaccmcnt shall be from the nearest concrctc
joint. Thc curb and , guttcr and sidewalk must be replaced within seven (7) working days aftcr thc
cxcavation is complete. The PeFlHittees permittee may borc undcr curb, guttcr and sidewalk and not
havc to rcplacc it if approved by thc sireetor of Jlublie worlm city engineer or dcsigncc. (see
construction and excavation standards) (Ord. No. 20-1990, S 2: Code 1971, S 19-91)
21.12.360 Dust control.
It shall bc thc permittee's responsibility to control dust at thc cxcavation site. Dust control
measures shall occur as often as necessary as determined by the director of Jlllblie ".orks city
engineer or designee. (Ord. No. 20-1990, S 2: Code 1971, S 19-92)
19
21.12.370 Violation; penalty.
Any violations of this title are punishablc by a finc, imprisonment, or both a fine and
imprisonment, as sct forth in section 1.04.080 of this Code, or revocation of the violator's builder's
or excavating liccnsc, or any combination of such finc, imprisonment, and revocation.
Each such pcrson is guilty of a separate offensc for each and every day during any portion of
which any violation of any provision of the ordinances of the city is committed, continued or
permittcd by any such person, and shall bc punished accordingly. (Ord. No. 20-1990, S 2; Ord. No.
12-1996, S 12: Code 1971, S 19-93)
20
Sections:
21.16.010
21.1 6.020
21.1 6.030
ccrtain districts.
21.1 6.040
21.1 6.050
21.1 6.060
21.1 6.070
21.1 6.080
21.1 6.090
Chapter 21.1 6
SIDEWALK, DRIVEWAY, CURB AND GUTTER * I
Pcrmit rcquircd.
Construction to comply with standard specifications.
Construction of sidewalk, curb and gutter required for all new construction in
Rcservation of funds for construction of sidcwalk, curb and guttcr.
Procedures when not fcasible to construct sidewalk, curb and guttcr.
Driveway and curb cut specifications.
Variations in driveways and curb cuts allowcd for unusual conditions.
Responsibility to repair hazardous sidewalk, driveways, and gutters.
Definition of sidewalk in need of repair.
* I Editor's note-- Ord. No. 30-1975, S I, repealed Art. IV, SS 19-91--19-106, pertaining to
sidewalk, curb or driveway construction or repair, and enacted in lieu thereof a new Art. IV, SS 19-
96--19-104 [Chapter 21.16], as herein set out. Former Art. IV was derived from Code 1962, SS 8-1-
1,8-1-2,8-1-4--8-1-8,8-1-12--8-1-15; Ord. No. 5-1967; Ord. No. 14-1970; and Ord. No. 22-1970.
21.16.010 Permit required.
No sidewalk, driveway, curb, gutter or rclated street improvemcnt rcquircd by this chaptcr
shall bc constructcd or rcpaircd without complying with thc rcquircmcnts of Chaptcr 21.12. (Ord.
No. 30-1975, S I: Code 1971, S 19-96)
21.16,020 Construction to comply with standard specifications.
All sidewalk, driveway, curb and gutter construction shall be in accordance with the city's
stanaar.a sjleeiFieatisRs construction and excavation standards for the same on file in the office of
thc city cnginccr. Any sidewalk, driveway, curb and gutter construction that does not comply with
the standards set forth by the engineering department, at the sole determination of the city enginecr
or designee, shall be replaced with compliant construction. (Ord. No. 30-1975, S I: Code 1971, S
19-97)
21.16.030 Construction ofsidewalk, curb and gutter required for all new construction in
certain districts.
The Building Inspector shall not issue a certificate of occupancy for any ncw construction in
thc CC, C I, NC, L-I, L-2 and CL zone districts or other arca as dcsignatcd on thc adopted
sidewalk, curb and gutter plan unless sidewalk, curb and gutter has been constructcd in thc right-of-
way adjoining thc building sitc. (Ord. No. 30-1975, S I; Ord. No. 27-1982, S 2: Code 1971, S 19-
98)
Editor's note-- It should be noted that current Title 26 does not contain zones designated as
L-I and L-2.
21
21.16.040 Reservation offunds for construction of sidewalk, curb and gutter.
If the weather prevents construction of the improvements requircd by section 21.16.030 at
thc time of completion of the principal improvements, the building inspcctor may issue a ccrtificate
of occupancy after funds have bccn cscrowed for the construction of samc. The amount of thc
escrow shall be determincd by the city engineer and shall bc at Icast one hundred (100) pcrcent of
thc current cost of construction. The escrow agreement shall in no way relieve the owncr of the
responsibility for construction of the improvements when it shall become practicable. (Ord. No. 30-
1975, ~ I: Codc 1971, ~ 19-99)
21.16.050 Procedures when not feasible to construct sidewalk, curb and gutter.
If thc city engineer deems that thc construction of improvements rcquircd by section
21.16.030 is inappropriate at the time of completion of thc principal improvements duc to existing
conditions or futurc city plans, the building inspector may issue a certificate of occupancy after the
owner ofthc propcrty shall have complied with onc of the following:
(a) Thc owner shall have escrowed funds as required in section 21.16.040. This
procedure shall bc uscd only if it appears feasibIc that thc improvements will be constructed within
three (3) years. In thc cvent that the improvements arc not made within three (3) ycars, the
escrowed funds shall be released and thc owncr shall enter into an agreement as required in
subparagraph (b) of this section.
(b) If cxisting improvcmcnts or conditions make construction of sidcwalk, curb and
gutter within thrcc (3) ycars unfeasible, the owncr shall havc entered into an agrecmcnt with the city
whereby he shall agrcc to construct or pay for thc construction of said improvcmcnts when the city
deems their construction necessary and fcasiblc. This agrcement shall be a covcnant running with
the land. (Ord. No. 30-I97S, ~ I: Code 1971, ~ 19-100)
21.16.060 Driveway and curb cut specifications.
(a) Where ellfas eldst, er are required, driveways shalllle JllPied fur their full wieth frem
ellr.a te JlroJlerty line.
(b) Vihere a sriveway cresses a sidewalk, the sidewalk sHaUlle increases ts a minimllm
sf six (6) inches ef eenerete.
(e) f. driveway er eliFb elll on a eerner 1st shaUlle set back a minimllffi sften (Hl) feet
from the JlreJlerty line at the eemer IlHd shaUlle a minimum effive (5) feet frem the end of the eliFb
radius.
(d) There shaUlle a minimum eftwenty five (2S) feet bet',veenllHY two (2) ellfa ellls
WHetHer on one (I) er mere JlrsJlerties, except esmmen dri'.'eways may be \ised en aajeining
JlFOperties. Distance between ellfa ellts willlle such as to maldmize the _suRt of sn street Jlarlling.
(e) The namber IlHd viidth of ellfa ellls for the different zoning aistriets shaUlle as
feUews:
(I) In residential districts R 6, R IS, R 39, R 10 and RR and in Conservation (C)
District there shall be allewed sne (I) ellrll cut often (19) feet in widlll for each bllilding site with
sixty (69) feet or less freHtage. For building sites withe'ier Sil{ty (60) feet effrentage, tHe ellfa ellt
shall be eilller ten (19) feet in width f{)r a single ariyeway or eighteen (18) feet in ',vidth for a douale
dri'ie?"IlY.
(2) In sistriets Neighborl!eed Cemmereial (Ne), Service/CommereialiIndllstrial (SiC/I),
22
CeHllHer~ial LeElge (CL), Ledge Oae (L 1), LeElge Two (L 2), Offiee (0) and 02, aREl Resideatial
MaltiJlle Family (R MF), eaeh llailEliag site shall be alleweEl either eae (I) eighteea f-eet wiEle ellfil
eat er t\\'e (2) tea feet wide earb eats.
(3) la eomrnereial Elistriets CC anEl C I eaeh buildiag site shall be allowed oae (I) tea
foet wide ernb eat.
( 4) Ia speeially pIar.ned distriets anEl all ether Elistriets the aUIfl13er anEl size ef earb euts
shaH be s~eet te r-eview.
(1) Ne Elriveway or eurb eat shall be aile wed oa State Highway 82 or ether desigllated
lIFlerial ',';flere pull lie alley aeeess eRists, anythiag te the eeatrary aehvithstanEliag.
(g) f.ll emb euts shall eeafurIll te the stanElarEl sJleeiHeatieas ia the City Eagilleer's
effiee.
eft) ..^Jl Be7:1y eeastmetea Sf resHilt 8.ri~:e~.va-Y3 skall R8t eJceeea a m.~dm.l:lm. slape sf
tweh'e (12) pereeat withia tweaty (20) feet ef a preperty liae benieriag a pHl9lie er private right ef
~ All drivcway and curb cut plans shall conform to city standards. (see construction and excavation
standards)
In residential districts R-6, R-15, R-30, R-40 and RR and in Conserevation (C) District thcrc shall
be allowed only a single point of vehicular access, which includes a single curb-cut/driveway per lot.
In specially planned districts and districts othcr than: Ncighborhood Commcrcial (NC),
Service/CommerciaVIndustrial (S/C/I), Commercial Lodge (CL), Lodge-One (L-l), Lodge-Two (L-2),
Office (0) and 0-2, Residential-Multiple Family (R-MF) Rcsidcntial Districts R-6, R- 15, R-30, R-40 and
RR and in Conservation (C) Districts, the number and size of curb cuts shall be subject to review.
No driveway or curb cut shall be allowcd on State Highway 82 or othcr dcsigncc artcrial whcrc
public alley access cxists, anything to the contrary notwithstanding.
All newly constructed or rebuilt driveways shall conform to slopc rcquircments spccificd in the city's
construction and excavation standards. (see construction and excavation standards) (Ord. No. 30-1975, 9
1; Ord. No. 76-1990, 9 2: Code 1971, 919-101)
Editor's note-- It should be noted that currcnt Titlc 26 docs not contain zoning designated as
R-40, L-l and L-2.
21.16.070 Variations in driveways and curb cuts allowed for unusual conditions.
Under unusual conditions of topography, drainage, cxisting landscaping or improvements
on city right-of-way, existing buildings or improvements on private property, or special usc
requirements for the property, a variancc from thc requirements in section 21.16.060 for drivcways
and curb cuts may be givcn by thc city cnginccr upon filing a written application and a plot plan
showing thc building sitc and special conditions existing thcrcon. Any person aggrieved of a
decision by the city engincer under this section may scek a variance from the board of adjustmcnt
pursuant to thc proccdurcs sct out in chaptcr 26. 108 of thc municipal code. (Ord. No. 30-1975, S 1;
Ord. No. 76-1990, S 3: Codc 1971,919-102)
21.16.080 Responsibility to repair sidewalks, driveways, and gutters.*1
Whcn notified that any sidewalk, driveway, curb, guttcr, or any combination thcrcof, in
front of or abutting upon or servicing any premises shall be in need of repair, thc city engineer shall
causc noticc to be served upon the owner or otlter person in charge of or having tlte control and
supervision of the premises, to repair such sidewalk, driveway, curb, or guttcr within tltirty (30)
days. It shall bc unlawful for any pcrson to fail or refuse to comply with such noticc to repair. Upon
23
a failure or refusal to comply with such a notice to repair, the city engineer may repair the same by
day's work or by contract, and the cost of such repair may be assessed upon and made a lien upon
the land so benefited. In addition thereto, the city may cause an action to be instituted against the
owner or the person in charge of the premises upon whom such notice was served in any court of
competent jurisdiction to recover such costs. All such remedies shall be cumulative. (Ord. No. 42-
1999, S I (part))
* 1 Editor's Note--Ord. No. 42-1999, S 1, repealed former S 21.16.080 and enacted a new S
21.16.080. Former S 21.16.080 was derived from Code 1971, S 19-103, as amended by Ord. No.
30-1975, S 1.
21.16.090 Definition of sidewalk in need of repair.*2
For the purpose of this chapter, a "sidewalk in need of repair" shall mean a sidewalk in any
of the following conditions:
(a) Concrete that is spalling or crumbling.
(a b) Vertical displacement of the adjoining sidewalk section is in excess of three-quarters
(3/4) inch, or
(ll c) Lateral displacement of adjoining sidewalk section is in excess of one (1) inch, or
(e d) The sidewalk has a transverse slope in excess of one (I) inch per foot or the
combination of transverse or longitudinal grade is insufficient for adequate drainage of the sidewalk
causing accumulation of water and ice. (Ord. No. 42-1999, S 1 (part))
*2Editor's Note--Ord. No. 42-1999, S 1, repealed former S 21.16.090 and enacted a new S
21.16.090. Former S 21.16.090 was derived from Code 1971, S 19-104, as amended by Ord. No.
30-1975, S 1.
24
Attachment B
Proposed Title 21
ORDINANCE NO. 15
(Series of 2007)
AN ORDINANCE AMENDING TITLE 21 OF THE ASPEN MUNICIPAL CODE
REGARDING OCCUPATION AND EXCAVATION IN THE CITY RIGHT-OF-WAY.
WHEREAS, the City intends to insure the quality of repairs and improvements
made by users of the right-of-way.
WHEREAS, the City intends to minimize the disruption caused by excavations
in the right-of-way.
WHEREAS, the City intends to require advance notice about excavations in the
right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Chapter 21.04 of the City of Aspen Municipal Code be hereby amended to
read as follows:
Sections:
21.04.010
21.04.020
21.04.030
21.04.040
21.04.050
21.04.060
21.04.070
21.04.080
21.04.090
21.04.1 00
21.04.11 0
21.04.120
21.04.130
Chapter 21.04
GENERAL PROVISIONS
Definitions.
Certain ordinances relating to streets not affected by Code.
House numbering--Required.
Site--Map.
Occupancy of public right-of-way prohibited without
encroachment license; application fee; appeals.
Temporary construction within public right-of-way restricted.
Temporary storage of merchandise on public right-of-way
restricted.
Obstruction of ditches and gutters prohibited.
Dangerous openings in streets.
Obstructing excavations, construction or repairs prohibited.
Damage, removal, etc., of safety barricades or devices prohibited.
Draining water onto public right-of-way restricted.
Reserved.
21.04.010 Definitions.
For the purposes of this title certain words or phrases are defined as follows:
(a) Alley. A public way having less width than a street and designated for
access to the rear of buildings or improvements.
(b) Curb cut. That portion of the street curb or roadway frontage which abuts
a driveway.
(c) Driveway. That portion of the sidewalk area which is improved, designed,
or ordinarily used for vehicular access to property abutting the street.
(d) Emergency. Any event which may threaten public health or safety, or that
results in an interruption in the provision of service, including, but not limited to,
damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or
storm drain conduit systems, damaged electrical and communications facilities, or as
otherwise recommended by the city engineer or designee and approved by the city
manager.
(e) Pavement and/or Paved improvements. The term shall include any
improvement constructed of asphalt concrete, seal and chip, concrete or similar
impervious wearing surface, including but not limited to roadway, sidewalk, curb, gutter
and similar improvements.
(f) Public right-ol-way. Any public way or public thoroughfare dedicated or
devoted to public use including street, highway, road, alley, lane, court, boulevard,
sidewalk, public square, mall or like designation.
(g) Roadway. That portion of a street improved, designed, or ordinarily used
for vehicular traffic.
(h) Sidewalk. That portion of the sidewalk area which is paved with an all-
weather surfacing for use by pedestrians.
(i) Sidewalk area. That portion of a street between the curb line, or the lateral
line of a roadway, and the adjacent property line, intended for the use of pedestrians and
including the terms border area, parkway, park strip, planting strip and like designations.
G) Street. A public way for vehicular traffic including roadway and sidewalk
area, being the entire width from property line to property line dedicated or devoted to
public use, and including the terms highway, road, place, avenue, or other like
designations.
(k) Street improvement. The term shall include roadway/alley paving,
sidewalks, driveways, curbs, gutters, street lights, street signs, traffic signs and signals,
storm sewers, culverts, bridges and drainage appurtenances and similar items.
21.04.020 Certain ordinances relating to streets not affected by code.
Nothing in this code or the ordinance adopting this code shall be construed as
repealing or otherwise affecting the validity of any ordinance:
(a) Dedicating, accepting, naming, establishing, locating, relocating, opening,
paving, widening, improving, or vacating any street or other public way in the city;
(b) Establishing or prescribing grades for streets or street improvements in the
city; and all such ordinances are hereby recognized as continuing in full force and effect
to the same extent as if set out in full herein.
21.04.030 House numbering--Required.
All lots, buildings and structures in the city shall be numbered in accordance with
the following plan:
(a) North numbers shall commence on the north property line of Main Street.
(b) South numbers shall commence on the south property line of Main Street.
(c) East numbers shall commence on the east property line of Garmisch
Street.
(d) West numbers shall commence on the west property line of Garmisch
Street.
(e) Even numbers shall be on the east and north sides of the streets.
(f) Odd numbers shall be on the south and west sides of the streets.
21.04.040 Site--Map.
The building inspector shall keep a map showing the proper street number of
every building site in the city which shall be open to inspection to any interested person.
21.04.050 Occupancy of public right-of-way prohibited without encroachment
license; application fee; appeals.
(a) No person shall occupy, construct, place or maintain within any public
right-of-way any building, structure or appurtenance, fence, tree, vegetation or other
obstruction without first having obtained an encroachment license from the city engineer.
Any person seeking an encroachment license must submit an application on forms
provided by the city engineer accompanied by an administrative fee in an amount
prescribed by section 2.12.050( e) of this code. The city engineer may specify the terms
and conditions under which any encroachment license is to be issued so as to protect the
best interests of the city. All encroachment licenses granted under this section shall be
revocable by the city with or without cause at any time. No permit required by this
chapter shall be issued within any city/public right of way for the period from November
15 through March 31 within the commercial core and main street corridor.
As a general policy, it is not in the city's interest to grant encroachments, thereby
providing public property for private use. New structures should be able to accomplish
their various needs within the confines of their property boundaries and required
setbacks. Granting of encroachment would generally occur under one of the following
conditions:
1. To acknowledge an existing, historical condition and to outline the
owner's liability and responsibility for maintenance and removal of the
encroaching structure, or
2. To license an encroachment that is a public amenity. Examples
may include awnings on commercial structures, non-restrictive safe objects,
planters in the right-of-way (but not within pedestrian walkways), irrigation
systems approved by engineering and parks departments to maintain landscaping
within public right-of-way, or
3. To allow construction trailers, dumpsters, temporary pedestrian
walkways, and scaffolds to be placed in the public right of way and on a
temporary basis not to exceed 12 months. The applicant must prove to the city,
lack of storage space on his/her private property with an acceptably justifiable
reason.
(b) Any person aggrieved of a decision by the city engineer under this section
may seek an appeal of same to the board of adjustment. All appeals must be submitted in
writing to the city engineer within ten (10) days of the decision being appealed from. The
city engineer shall promptly forward all appeals to the board of adjustment that shall
schedule and conduct a hearing thereon within thirty (30) days. The board of adjustment
shall utilize the following standards in determining whether to affirm, reverse or modify
the decision of the city engineer:
(1) Whether the requested encroachment is the minimum encroachment
necessary to make possible the reasonable use of the parcel, building or structure in
question.
(2) Whether denial of the encroachment would cause the applicant
unnecessary hardship or practical difficulty.
(3) Whether there are special circumstances or conditions which are unique to
the parcel, building, or structure in question which are not applicable to other parcels,
buildings or structures.
All decisions ofthe board of adjustment under this section shall be reduced to
writing.
( c) Nothing contained in this section shall be construed to apply to
improvements or activities undertaken within a public right-of-way by the city, its
employees or agents, or the placement of temporary safety barricades or structures
around excavations or construction within a public right-of-way, or the placement of
other devices or structures that may be required to be placed in a public right-of-way by
reason of state or federal law or regulation of section 21.04.060 of the municipal code.
21.04.060 Temporary construction within public right-of-way restricted.
Temporary guardrails, pedestrian walkways, protective canopies, field offices and
similar items shall not be constructed on public right-of-way without prior approval of
the city engineer or designee.
21.04.070 Temporary storage of merchandise on public right-of-way restricted.
It shall be unlawful for any person receiving or delivering merchandise,
commodities or construction materials within the city to place, keep or suffer to be kept
upon public right-of-way any such merchandise, commodities or construction materials
without the approval of the city engineer.
21.04.080 Obstruction of ditches and gutters prohibited.
No person shall obstruct or damage in any manner any ditch, gutter, drain, catch
basin, culvert or other drainage improvement within public rights-of-way or under control
of the city.
21.04.090 Dangerous openings in streets.
No person shall leave or keep open any cellar door, pit, vault, manhole or other
subterraneous opening on any street, alley, sidewalk, or other public way, or keep such
opening in an unsecured condition so that vehicles, persons or animals will be in danger
of sustaining injury or damage.
21.04.100 Obstructing excavations, construction or repairs prohibited.
It shall be unlawful for any person to hinder or obstruct any excavation or the
construction or repair of any paving, sidewalk, curb, gutter, drainage improvement, utility
or other street improvements performed pursuant to the provisions of this title.
21.04.110 Damage, removal, etc., ofsafety barricades or devices prohibited.
It shall be unlawful to damage, displace, remove or interfere with any barricade,
warning light or other safety appliance or device which is lawfully placed around or
about any excavation or other street improvement construction in any street, alley,
sidewalk, or other public right-of-way.
21.04.120 Draining water onto public right-of-way restricted.
No person shall drain water from any swimming pool, therapy pool, cistern, pond
or similar improvement onto the public right-of-way without approval of the city
engineer and streets superintendent.
21.04.130
Reserved.
Section 2
That Chapter 21.12 of the City of Aspen Municipal Code be hereby amended to
read as follows:
Chapter 21.12
CONSTRUCTION AND EXCA V A TION WITHIN PUBLIC RIGHT-
OF-WAY
Sections:
21.12.010
21.12.020
21.12.030
21.12.040
21.12.050
21.12.060
21.12.070
21.12.080
21.12.090
Permit required.
Application.
Plans and specifications required for construction.
Fees.
Permittee may replace paved improvements.
Licensing and insurance required.
Conditions and special requirements for issuance.
Change in scope of work; duty to notify.
Issuance of permit in certain months restricted.
21.12.100
21.12.110
21.12.120
21.12.130
21.12.140
21.12.150
21.12.160
21.12.170
21.12.180
21.12.190
21.12.200
21.12.210
21.12.220
21.12.230
21.12.240
21.12.250
21.12.260
21.12.270
21.12.280
21.12.290
21.12.300
21.12.310
21.12.320
21.12.330
21.12.340
21.12.350
21.12.360
21.12.370
21.12.380
21.12.390
Permit to be kept and exhibited at site.
Record keeping required.
Street closures not permitted
Limitations on use of public streets, alleys and sidewalks for
construction materials.
Limitations to soil stabilization methods
Construction and excavation subject to inspection.
Time limitations for excavations.
Emergency access required.
Safety measures and barricades required.
Protection of street improvements, utilities and adjacent property.
Responsibility to protect street improvements, utilities, or property
and report their damage.
Removal of paved improvements.
Disposal and handling of excavation material.
Backfill.
Select backfill.
Clean up of work site.
Responsibility of permittee to provide temporary patch.
Maintenance of backfill and pavement.
Responsibility of city to replace paved improvements.
Compliance required.
Warranty period.
Termination of project if not expeditiously completed.
Repair to paved streets.
Placement of ribbon in utility trenches.
Asphalt repaving.
Restrictions to protect pedestrian and vehicular traffic.
As-built drawings required.
Excavation under existing curb, gutter and sidewalk.
Dust control.
Violation; penalty.
21.12.010 Permit required.
It shall be unlawful for any person to undertake any construction or repair within,
or dig up, open, disturb, grade, excavate or otherwise alter any public right-of-way in the
city without first having obtained a permit for such work from the city engineer or
designee. A separate permit shall be required for each construction or excavation project.
New structures should be able to accomplish their various needs within the confines of
their property boundaries and required setbacks. All right-of-way permit applications
shall comply to the most current edition of the engineering department's construction and
excavation standards for work in the public rights-of-way.
21.12.020 Application.
Application for a right of way permit shall be made no later than one week prior
to the planned commencement ofthe work. The applicant must have a valid builder's or
excavating license issued by the city of Aspen/Pitkin County Building Department. The
city engineer or designee may allow the permittee to obtain a permit sooner than one
week prior to the planned commencement of the work if the scope of work is deemed to
be a small excavation. Emergency situations will be exempt, however, a permit must be
obtained as soon as is possible and no later than the next business day.
21.12.030 Plans and specifications required for construction.
No permit for construction within any city right-of-way shall be issued until plans
have been submitted to and approved by the city engineer or designee.
21.12.040 Fees and bonding.
No permit shall be issued unless the applicant has first signed the required
agreement, paid the required fees and filed the appropriate bond as follows:
(a) An indemnity and hold harmless agreement as approved by the city
attorney.
(b) A permit fee in an amount prescribed by section 2.12.050(e) of this Code.
(c) A maintenance bond in an amount equal to the total cost of construction,
including labor and materials or two thousand five hundred dollars ($2,500.00) which .
ever is greater. The maintenance bond shall guarantee that the material and equipment is
furnished and used, and the workmanship employed in the performance of the work
described in the right of way permit will be of such character and quality as to insure it to
be free from all defects and in continuous good order and in a condition satisfactory to
the city of aspen engineering department for a period of two years from the date of
issuance of the final inspection log indicating 100% satisfactory completion of the work.
The maintenance bond shall be non-cancelable for two full years from the date of
issuance of satisfactory completion.
(d) The applicant may substitute the submitting of a maintenance bond with a
letter of credit or cash in lieu payment contingent upon approval of the city engineer.
(e) If the city must replace the improvements within two years of acceptance
of the work, the city shall execute the maintenance bond or letter of credit. This will
encourage the contractor to take the initiative to replace the defective improvements. The
city will not replace improvements unless the contractor chooses not to replace them.
21.12.050 Permittee may replace paved improvements.
For construction and excavation in paved areas the permittee may elect, subject to
the approval ofthe city engineer or designee, to replace the defective paved
improvements in lieu of having the maintenance bond executed. The pedestrian mall
brick pavement area shall be reconstructed under the supervision of the parks director.
Where bricked or other specialized sidewalks are encountered outside of the pedestrian
mall, the permittee shall undertake complete restoration of the surface. All bricks or other
specialized sidewalk materials shall be removed with care and stockpiled for reuse if at
all possible. The replacement of the paved improvements shall be in accordance with all
city specifications and subject to inspections and final approval by the city engineer or
designee. (see excavation and construction standards)
21.12.060 Licensing and insurance required.
All permittees under this chapter must be licensed and insured pursuant to
Chapter 8.12.
21.12.070 Conditions and special requirements for issuance.
Permits under this chapter shall be issued subject to all the regulations and
specifications in sections 21.12.120 through 21.12.390 of this chapter, the city's
construction and excavation standards, and any special requirements that the city
engineer or designee deems necessary in order to maintain the health, welfare, safety and
convenience of the public.
21.12.080 Change in scope of work; duty to notify.
If there is any change in the scope or extent of the work described in the approved
right of way permit, the permittee shall immediately notify the city engineer or designee
before proceeding.
21.12.090 Issuance of permit in certain months restricted.
No permit required by this chapter shall be issued for any construction or
excavation within any city right-of-way for the period from November 15 through March
31, except in case of an emergency. In addition, from June 15 through Labor Day
weekend for the commercial core and main street corridor, no construction or excavation
within any city right of way will be permitted except in case of an emergency.
21.12.100 Permit to be kept and exhibited at site.
The permit required by this chapter shall be kept at the site of the excavation
while the work is in progress and shall be exhibited upon request to the city engineer,
designee, or any Police Officer.
21.12.110 Record keeping required.
The city engineer shall keep a record of all permits issued.
21.12.120 Street closures not permitted
Street closures are not permitted. The city engineer or designee may permit lane
closures. When lane closures are permitted, the applicant must:
1. Verify the closure specified on the permit with the engineering
Department, School District, and the Roaring Fork Transit Authority
(RFTA) at least one (1) week in advance.
2. Notify the Aspen Communication Center at (970) 920-5310 one (1) day
prior to closure and at the time of re-opening.
3. Set and maintain, at applicant's expense, necessary barricades, flashers,
construction signs, and flaggers; and take all necessary precautions in
accordance with the Manual on Uniform Traffic Control Devices
(MUTCD).
4. Complete the work between 7:00 a.m. and 7:00 p.m., Monday through
Saturday, unless approved otherwise by the environmental health
department for work activity outside the specified time frame.
21.12.130 Limitations on use of public streets, alleys and sidewalks for
construction materials.
(a) Purpose. It shall be the purpose ofthis section to regulate the use of public
streets, alleys and sidewalks for construction material storage and placement of
pedestrian barricades. This regulation is intended to insure adequate snow removal in city
streets, alleys and sidewalks, allow for safe flow of pedestrian and vehicular traffic and
maintain the image of Aspen as a resort community, while also accommodating
construction activity.
(b) Definitions:
(1) Construction material storage means parking of construction
trailers or construction equipment, storage of construction materials for any purpose other
than unloading or placement of any structure which is typically accessory to construction
activity.
(2) Pedestrian barricades means any structure authorized by the city
engineer to permit the safe passage of pedestrians past construction sites.
(3) Paved street means that portion of the right-of-way between curbs
or drainage swales.
(4) Sidewalk means that portion ofthe right-of-way between a curb or
drainage swale and a property line.
(c) Limitations.
(1) The following limitations shall be enacted on the use of the public
right-of-way during the period of November 15 to April 1:
a. Storage of construction materials shall be prohibited in all
paved streets, alleys, and sidewalks in the city of aspen.
b. Placement of pedestrian barricades shall be prohibited in all
paved streets and in alleys in the city of aspen.
c. Placement of pedestrian barricades shall be permitted in
sidewalks in the city of Aspen by obtaining a permit from the city engineer or designee.
(2) The following limitations shall be enacted on the use of the public
right-of-way during the period of April 1 to June 1 & Labor Day to November 15:
a. Storage of construction materials shall be prohibited in all
paved streets, sidewalks, and in alleys in the city of aspen.
b. Placement of pedestrian barricades shall be permitted in
paved streets, alleys, and sidewalks in the city of aspen by obtaining a permit from the
city engineer or designee.
(3) The following limitations shall be enacted on the use ofthe public
right-of-way during the period of June 1 through Labor Day:
a. Storage of construction materials shall be prohibited in all
paved streets, sidewalks, and in alleys in the city of aspen.
b. Placement of pedestrian barricades shall be permitted in
paved streets, alleys, and sidewalks in the city of aspen, except within the commercial
core and main street corridor, by obtaining a permit from the city engineer or designee.
(4) Exceptions.
a. The city engineer or designee may make exceptions to this
section when special circumstances are present where strict compliance ofthese
regulations would jeopardize the public safety or the expeditious continuation of the
project, and granting the exception is in the public interest.
b. [Reserved.]
(d) Permits.
(1) The city engineer or designee shall have the sole responsibility for
issuance of permits pursuant to this section.
(2) In determining whether to issue a permit, the city engineer or
designee shall consider the following:
a. For the placement of pedestrian barricades in the public
right-of-way, the applicant shall demonstrate that the barricade: Cannot be functionally
located on private property; provides for safe passage of pedestrians; will be maintained
in a usable safe and attractive manner; and is located so as to minimize the loss of public
parking spaces to the extent practicable.
b. For the storage of construction materials in a sidewalk, the
applicant shall: Demonstrate that the materials cannot be functionally located on private
property; provide a pedestrian walkway to replace the sidewalk when it is blocked by
construction materials; and insure that the period of storage is the minimum necessary to
accomplish necessary construction activities.
21.12.140 Limitations to soil stabilization methods.
Construction involving soil stabilization activity shall not penetrate the city right
of way. All excavation and stabilization work shall be contained within the confines of
the project property boundaries.
Variances from this requirement may be granted at the sole discretion of the city
engmeer.
21.12.150 Construction and excavation subject to inspection.
All work requiring a permit pursuant to the provisions of this chapter shall be
subject to inspection, in compliance with city codes, at all times by the city engineer or
designee. It shall be unlawful to obstruct or hinder any lawful inspection. It is the
responsibility of the applicant to contact the city of aspen engineering Department 24
hours in advance of the construction schedule for required inspections. The applicant
must explain all existing conditions and proposed work on the permit application form.
All inspections must be scheduled during regular office hours at city hall which are from
the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, excluding holidays.
Field tests of construction materials shall be required by the engineering department to
ascertain compliance with specifications. An independent testing firm must make tests,
and the applicant shall pay all testing and re-testing expenses. A written copy of all test
reports must be submitted to the engineering department within 24 hours following
completion of field and laboratory material tests. (see construction and excavation
standards)
21.12.160 Time limitations for excavations.
No excavation shall be left open over night. In the event of unforeseen
extenuating circumstances a permittee may apply for an extension to this limitation, and
after investigation the city engineer or designee may grant such an extension ifthe
reasons and circumstances justify an extension. (see construction and excavation
standards)
21.12.170 Emergency access required.
No construction shall be performed, or excavation made, in such manner as to
prohibit access by emergency vehicles to any building, structure or dwelling unit abutting
the street or public right-of-way. It shall be the responsibility of the permittee to notify
the city police department when any construction or excavation obstructs the roadway
from sunset to suurise.
21.12.180 Safety measures and barricades required.
(a) It shall be unlawful for any person to perform any work requiring a permit
pursuant to the provisions of this chapter without providing sufficient warning lights and
safety barricades or fencing around the construction or excavation from sunset to sunrise
to prevent persons, animals and vehicles from sustaining injury or damage.
(b) From sunrise to sunset safety barricades or fencing shall be maintained but
warning lights are not required.
(c) Flagmen, signals, special traffic signing, walkways, ramps, canopies, or
other similar safety precautions shall be required when the city engineer or designee
deems necessary in order to maintain the health, welfare, safety and convenience ofthe
public and shall conform to current MUTCD guidlines.
(e) All state laws, provisions ofthis code, or other city ordinances dealing
with measures for the safety of workmen and the public shall be observed by permittees
in addition to any regulations contained in this chapter. (see construction and excavation
standards)
21.12.190 Protection of street improvements, utilities and adjacent property.
Any person performing any work requiring a permit pursuant to the provisions of
this chapter shall provide shoring, bracing, piling, or other necessary devices and shall
use the necessary precautions to protect street improvements, utilities and adjacent
property from damage or disturbance. It shall be the responsibility of the permittee to
obtain the location of any underground utilities. (see construction and excavation
standards)
21.12.200 Responsibility to protect street improvements, utilities, or property
and report their damage.
It is the responsibility of the permittee to sustain, secure and protect any pipes,
poles, mains, cables, street improvements, or property from damage or disturbance that
was not previously authorized. If damage occurs, the permittee shall immediately notify
the city engineer or designee and the affected utility.
21.12.210 Removal of paved improvements.
All cuts in asphalt shall be made in a neat manner by saw cutting, rotomilling, or
other approved method which assures cuts with square edges and straight lines to the
required depth of cut. Asphalt pavement cuts shall be such that no longitudinal joint lies
within the wheel track. All cuts in concrete shall be sawed; and sidewalk, curb and gutter
shall be removed to the nearest joint if in the opinion ofthe city engineer or designee the
portion otherwise remaining would be too small to function satisfactorily. Additional
mall brick pavement structure shall be removed to allow at least one foot of exposed
sub grade on all sides of the excavation to insure proper restoration of the surface. Mall
bricks shall not be cut, but shall be removed from the brick pattern intact and stockpiled
for reuse. Damaged bricks shall not be reinstalled, but must be replaced in accordance
with the fee schedule in section 21.12.040. (see construction and excavation standards)
21.12.220 Disposal and handling of excavation material.
All excavated material shall be removed from the site and disposed of by the
permittee as the excavation is made when the city engineer deems it necessary due to
traffic or other conditions. Any excavated material not removed immediately shall be
stockpiled in a location approved by the city engineer.
21.12.230 Backfill.
All backfill shall be free from muck, debris, paving, frozen material, or organic
matter and shall be placed uniformly and at optimum moisture content for the required
density. Compaction shall be by mechanical tamping unless water jetting or flooding is
specifically approved by the city engineer. The completed and compacted backfill shall
project slightly in a rounded surface above the original grade except where a temporary
patch is required. For excavations less than one hundred (100) cubic yards, the permittee
may backfill with controlled low strength material or flowfill if approved by city engineer
or designee. All backfill material and compaction shall be subj ect to inspection by the
city engineer or designee and shall meet all city of aspen standards. (see construction and
excavation standards)
21.12.240 Select backfill.
All excavations, cuts, openings or trenches shall be backfilled with imported
material unless native material is approved by the city engineer or designee.
(see construction and excavation standards)
All trenches shall have a granular sub base or flowable backfill material, free from
organic matter and lumps or balls of clay, consisting of hard, durable particles or
fragments of stone or gravel and a filler of sand or other finely divided mineral matter.
Sub base material shall be compacted and placed in lifts compliant to city standards. (see
construction and excavation standards)
21.12.250 Clean up of work site.
The permittee shall remove all excess excavated material, boulders, barricades,
signs, supplies, equipment, rubbish and debris from the work site within three (3)
working days. The work site shall be left in a neat and clean appearance. It is strongly
recommended that the permittee take photos of the condition of the site prior to
excavation. In the event that the city cleans up for the permittee, if for any reason the
maintenance bond is inadequate to cover the cost of the work performed by the city or its
contractor to clean the site, the amount of such deficiency or damage shall be certified to
the finance director who shall collect the same from the person to whom the permit was
issued. No further permits shall be granted to that person or anyone else on the person's
behalf until the amount of such deficiency has been paid.
21.12.260 Responsibility of permittee to provide patch.
Temporary or permanent asphalt patches shall be placed over all backfill for
excavations within paved roadways within twenty four (24) hours of trench backfilling.
Whenever permanent patches are not constructed within twenty four (24) hours following
trench backfilling operations, temporary pavement patches must be placed to provide the
required number of paved travel lanes. Temporary pavement patches may be left in place
for a maximum of five (5) working days following completion of backfilling operations
unless otherwise approved by the city engineer or designee. In paved improvements
other than roadways, the temporary patch shall be provided only when required by the
city engineer or designee. (see construction and excavation standards)
21.12.270 Maintenance of backfIll and pavement.
All backfill and any pavement or improvement shall be maintained in a
satisfactory condition, and all places showing signs of settlement shall be filled and
maintained for a period of twenty four (24) months following the date of satisfactory
acceptance. When the permittee is notified by the city engineer or designee that any
backfill, patch, or paved improvement is hazardous, he/she shall correct such hazardous
condition at once. If the hazardous condition is not repaired within three (3) working days
after notification, the city may elect to repair the hazardous condition. The expense of
such repair shall be the responsibility of the permittee. Repair by the city will not release
the permittee from responsibility for subsequent failures.
Backhoe equipment outriggers shall be fitted with rubber pads or other like
protective material whenever outriggers are placed on any paved surface. Tracked
vehicles that may damage pavement surfaces shall not be permitted on paved surfaces
unless specific precautions are taken to protect the surface. The permittee shall be
responsible for any damage caused to the pavement by the operation of such equipment.
Should the permittee fail to make such repairs, within three (3) days, to the satisfaction of
the city, the city may repair any damage and charge the permittee.
Any utilities or paved improvements damaged by settlement shall be repaired at
once by the permittee to the satisfaction of the city engineer or designee. If the damage is
not repaired within three (3) working days after notification, the city may elect to repair
the damage. The expense of such repair shall be the responsibility of the permittee.
Repair by the city will not release the permittee from responsibility for subsequent
damage by settlement.
In addition, the permittee shall be responsible for the cost to the city of all claims
for damages made and actions brought against the city for, and on account of, such
damage.
21.12.280 Responsibility of city to replace paved improvements.
The city shall be responsible for replacing all paved improvements which are
damaged or removed as soon as practicable unless the permittee has elected to do so
pursuant to section 21.12.050.
21.12.290 Compliance required.
Any work performed which is not in strict conformity with this chapter shall,
within ten (10) days after notice to the owner or person who performed the work, be
made to conform to this chapter at the expense of the owner or responsible party or the
same shall be corrected or removed by the city at the expense of the owner or responsible
party. (see construction and excavation standards)
21.12.300 Warranty period.
Any repaving, restoration or improvement shall be warranted by the permittee
against all defects for a period of two (2) years from the completion of such work.
21.12.310 Termination of project if not expeditiously completed.
All work authorized by a permit shall be commenced at the time specified on the
permit and shall be diligently and continuously performed until completed with a
maximum allowable time of thirty (30) days. In the event that weather, process oflaw, or
any other unexpected obstacles cause work to be stopped for so long that public travel is
unreasonably obstructed, the city engineer or designee may order the excavation refilled,
compacted and repaved as if the work contemplated in the permit were actually
completed.
21.12.320 Repair to paved streets.
All excavated streets that contain a layer of paving fabric shall be replaced with
paving fabric. Specifications for the paving fabric may be obtained from the city
engineer. (see construction and excavation standards)
21.12.330 Placement of ribbon in utility trenches.
All utility installations must have warning ribbon placed in the trench, eighteen
(18) inches above the cable, pipe or conduit. This applies to all exposed utilities. The tape
may be obtained from the utilities. ~he color of the tape shall be per industry standards.
21.12.340 Repaving.
In the case of excavations requiring repaving, permitte shall follow all applicable
city standards. The city engineer or designee shall have sole discretion concerning the
quality and acceptance of a paved improvement. No certificate of occupancy shall be
issued for a project that has unacceptable paved improvements or patches. (see
construction and excavation standards)
21.12.350 Restrictions to protect pedestrian and vehicular traffic.
No opening or excavation shall be undercut or have a greater width at the bottom
than the top. In no case shall more than one-half of the width of any street, alley or other
public place be opened or excavated at anyone time, and in all cases one-half of such
street, alley or other public place shall remain untouched for the accommodations of
traffic until the other one-half is restored for safe use unless otherwise authorized by the
city engineer or designee. All such work shall be performed in such a way as to cause
minimum inconvenience and restriction to the public and both pedestrian and vehicular
traffic
21.12.360 As-built drawings required.
The Community Development Department will furnish the applicant with a map
ofthe area proposed for development. Upon completion of the project, the applicant shall
furnish a mark-up of the map showing all utilities encountered during the excavation,
their size, identification, and location based on swing ties to fixed monuments such as
manholes, street lights, curbs, and their depths below the surface of the street, alley, or
sidewalk area. This mark-up shall also identify any new improvements made to the area
including but not limited to utility connections, sidewalks, driveways, etc. These as-builts
may also be submitted in a digital format acceptable to the community development
department.
21.12.370 Excavation under existing curb and gutter and sidewalk.
If any excavation occurs under existing curb, gutter or sidewalk, that curb, gutter
and sidewalk shall be removed and replaced. The replacement shall be from the nearest
concrete joint. The curb, gutter, and sidewalk must be replaced within seven (7) working
days after the excavation is complete. The permittee may bore under curb, gutter, and
sidewalk and not have to replace it if approved by the city engineer or designee. (see
construction and excavation standards)
21.12.380 Dust control.
It shall be the permittee's responsibility to control dust at the excavation site. Dust
control measures shall occur as often as necessary as determined by the city engineer or
designee.
21.12.390 Violation; penalty.
Any violations of this title are punishable by a fine, imprisonment, or both a fine
and imprisonment, as set forth in section 1.04.080 of this Code, or revocation of the
violator's builder's or excavating license, or any combination of such fine, imprisonment,
and revocation.
Each such person is guilty of a separate offense for each and every day during any
portion of which any violation of any provision of the ordinances of the city is
committed, continued or permitted by any such person, and shall be punished
accordingly.
Section 3
That Chapter 21.16 of the City of Aspen Municipal Code be hereby amended to
read as follows:
Chapter 21.16
SIDEWALK, DRIVEWAY, CURB AND GUTTER
Sections:
21.16.010
21.16.020
21.16.030
21.16.040
21.16.050
21.16.060
21.16.070
21.16.080
21.16.090
Permit required.
Construction to comply with standard specifications.
Construction of sidewalk, curb and gutter required for all new
construction in certain districts.
Reservation of funds for construction of sidewalk, curb and gutter.
Procedures when not feasible to construct sidewalk, curb and
gutter.
Driveway and curb cut specifications.
Variations in driveways and curb cuts allowed for unusual
conditions.
Responsibility to repair hazar~ous sidewalk, driveways, and
gutters.
Definition of sidewalk in need of repair.
21.16.010 Permit required.
No sidewalk, driveway, curb, gutter or related street improvement required by this
chapter shall be constructed or repaired without complying with the requirements of
Chapter 21.12.
21.16.020 Construction to comply with standard specifications.
All sidewalk, driveway, curb and gutter construction shall be in accordance with
the city's construction and excavation standards for the same on file in the office of the
city engineer. Any sidewalk, driveway, curb and gutter construction that does not
comply with the standards set forth by the engineering department, at the sole
determination ofthe city engineer or designee, shall be replaced with compliant
construction.
21.16.030 Construction ofsidewalk, curb and gutter required for all new
construction in certain districts.
The Building Inspector shall not issue a certificate of occupancy for any new
construction in the CC, Cl, NC, L-l, L-2 and CL zone districts or other area as
designated on the adopted sidewalk, curb and gutter plan unless sidewalk, curb and gutter
has been constructed in the right-of-way adjoining the building site.
21.16.040 Reservation offunds for construction ofsidewalk, curb and gutter.
If the weather prevents construction of the improvements required by section
21.16.030 at the time of completion of the principal improvements, the Building
Inspector may issue a certificate of occupancy after funds have been escrowed for the
construction of same. The amount ofthe escrow shall be determined by the city engineer
and shall be at least one hundred (100) percent of the current cost of construction. The
escrow agreement shall in no way relieve the owner of the responsibility for construction
ofthe improvements when it shall become practicable.
21.16.050 Procedures when not feasible to construct sidewalk, curb and gutter.
If the city engineer deems that the construction of improvements required by
section 21.16.030 is inappropriate at the time of completion of the principal
improvements due to existing conditions or future city plans, the Building Inspector may
issue a certificate of occupancy after the owner of the property shall have complied with
one of the following:
(a) The owner shall have escrowed funds as required in section 21.16.040.
This procedure shall be used only if it appears feasible that the improvements will be
constructed within three (3) years. In the event that the improvements are not made
within three (3) years, the escrowed funds shall be released and the owner shall enter into
an agreement as required in subparagraph (b) of this section.
(b) If existing improvements or conditions make construction of sidewalk,
curb and gutter within three (3) years unfeasible, the owner shall have entered into an
agreement with the city whereby he/she shall agree to construct or pay for the
construction of said improvements when the city deems their construction necessary and
feasible. This agreement shall be a covenant running with the land.
21.16.060 Driveway and curb cut.
All driveway and curb cut plans shall conform to city standards. (see construction
and excavation standards)
In residential districts R-6, R-15, R-30, R-40 and RR and in Conserevation (C)
District there shall be allowed only a single point of vehicular access, which includes a
single curb-cut/driveway per lot.
In specially planned districts and districts other than: Neighborhood Commercial
(NC), Service/Commercial/Industrial (S/C/I), Commercial Lodge (CL), Lodge-One (L-
1), Lodge-Two (L-2), Office (0) and 0-2, Residential-Multiple Family (R-MF)
Residential Districts R-6, R-15, R-30, R-40 and RR and in Conservation (C) Districts, the
number and size of curb cuts shall be subject to review.
No driveway or curb cut shall be allowed on State Highway 82 or other designee
arterial where public alley access exists, anything to the contrary notwithstanding.
All newly constructed or rebuilt driveways shall conform to slope requirements specified
in the city's construction and excavation standards. (see construction and excavation
standards)
21.16.070 Variations in driveways and curb cuts allowed for unusual conditions.
Under unusual conditions of topography, drainage, existing landscaping or
improvements on city right-of-way, existing buildings or improvements on private
property, or special use requirements for the property, a variance from the requirements
in section 21.16.060 for driveways and curb cuts may be given by the city engineer upon
filing a written application and a plot plan showing the building site and special
conditions existing thereon. Any person aggrieved of a decision by the city engineer
under this section may seek a variance from the Board of Adjustment pursuant to the
procedures set out in Chapter 26.108 of the municipal code.
21.16.080 Responsibility to repair sidewalks, driveways, and gutters.
When notified that any sidewalk, driveway, curb, gutter, or any combination
thereof, in front of or abutting upon or servicing any premises shall be in need of repair,
the city engineer shall cause notice to be served upon the owner or other person in charge
of or having the control and supervision of the premises, to repair such sidewalk,
driveway, curb, or gutter within thirty (30) days. It shall be unlawful for any person to
fail or refuse to comply with such notice to repair. Upon a failure or refusal to comply
with such a notice to repair, the city engineer may repair the same by day's work or by
contract, and the cost of such repair may be assessed upon and made a lien upon the land
so benefited. In addition thereto, the city may cause an action to be instituted against the
owner or the person in charge of the premises upon whom such notice was served in any
court of competent jurisdiction to recover such costs. All such remedies shall be
cumulative.
21.16.090 Definition ofsidewalk in need of repair.
For the purpose ofthis chapter, a "sidewalk in need of repair" shall mean a
sidewalk in any of the following conditions:
(a) Concrete that is spalling or crumbling.
(b) Vertical displacement of the adjoining sidewalk section is in excess of
three-quarters (3/4) inch, or
(c) Lateral displacement of adjoining sidewalk section is in excess of one (1)
inch, or
(d) The sidewalk has a transverse slope in excess of one (1) inch per foot or
the combination oftransverse or longitudinal grade is insufficient for adequate drainage
of the sidewalk causing accumulation of water and ice.
Attachment C
Previous memo to Council dated 3/26/07
MEMORANDUM
TO: Mayor and Council
FROM: Adam 1. Trzcinski, Project Manager, Engineering.
THRU: Tricia Aragon, P.E., City Engineer
DATE OF MEMO: March 26,2007
MEETING DATE: April 9, 2007
RE: Ordinance No._ series 2007: Revision of Municipal Code Title 21,
Revision of Construction and Excavation Standards.
SUMMARY: The engineering department has revised and updated municipal code title
21.12.04,21.12.08,21.12.12, and 21.12.16. and the engineering department standards for
construction and excavation within city right of way.
BACKGROUND: Engineering department staff deemed it necessary to revise the existing title
21 to better address city interests as they pertain to the right of way as well as make it easier to
disseminate all relevant information to construction professionals. Staff feels that easier access
to complete information regarding construction in the public right of way will facilitate quality
construction and mitigate impacts to the right of way. The last significant revision to title 21
occurred in 1990 and since then city policy regarding construction and development has evolved
to a point where title 21 needs to be revised.
..
DISCUSSION:
The primary difference between the existing title 21 and what is proposed is the absence of
specific technical criteria. Technical specifications including quantities, scope, duration, etc have
been taken out of the code and complied into a separate document titled "Construction and
Excavation Standards for Work in the Public Rights of Way. The proposed title 21 still accounts
for this information by direct reference. Having the construction and excavation standards in a
separate document makes it easier for staff to amend the city standards and account for changes
in practice and policy.
Staff held meetings with other city departments on 3/22/07 and 4/02/07, and held a public
. meeting with contractors on 3/29/07 to go over some ofthe proposed changes in the design
standards and receive feedback. Staff has made revisions appropriate with the comments made at
those meetings.
The attached documents include:
1. The existing title 21 chapters 04, 08, 12, and 16 with all ofthe deletions and
insertions highlighted,
2. The proposed ordinance for the new title 21,
3. The proposed Construction and Excavation Standards for Work in the Public
Rights of Way.
RECOMMENDATION: Staff recommends that the proposed title 21 and construction and
excavation standards be approved by council.
PROPOSED MOTION: "I move to approve Ordinance No._, Series of2007."
CITY MANAGER COMMENTS:
Attachments:
A - Existing Title 21 with red-line edits
B - Proposed Title 21
C - Construction and Excavation Standards for Work in the Public Right of Way
.
.
Vllle
MEMORANDUM
TO:
Mayor & City Council
THRU:
Paul Menter, Finance Director
FROM:
Don Pergande, Budget Manager
DATE:
April 1ih, 2007
SECOND READING: Adoption of Budget Supplemental - Ordinance NO.~ (Series 2007)
this item will be discussed on Monday, April 23rd, 2007
RE:
SUMMARY:
Staff is requesting an amendment to the City's 2007 budget that increases the city-wide total expenditure
appropriation from $91.2 to $128.6 million, (See Attachment A). Net of inter fund transfers, budget authority
increases from $71.1 to $103.2 million.
Interfund transfers are required appropriations between City funds that do not reflect the true cost of operations.
Attachment E provides a detailed listing of budgeted 2007interfund transfers.
The exhibit below outlines the supplemental request's impact on the City's overall appropriation authority. The
reference attachments provid~ itemized listings of requested supplemental budget authority.
CITY OF ASPEN - 2007 SUPPLEMENTAL BUDGET
Description Amount Reference
2007 Adopted budget: $91,177 ,880 See Attachment A
Total New Requests: $7,483.800 See Attachment B
Total Managers Savings: $91,710 See Attachment C
50% Carry Forward Savings: $1,969,900 See Attachment C
Total 100% Carry Forwards: $21,788,980 See Attachment D
Technical Adjustments: $5,977,980 See Attachment F
Second Reading Changes $73,070 See Attachment G
Total Supplemental ~37 385 440
Reouests:
TOTAL ORDINANCE: $128,563,320 See Attachment A
Less Interfund Transfers: $25,329,550 See Attachment E
NET APPROPRIATIONS: $103,233,770 See Attachment A
As noted in the chart above, this supplemental is substantially comprised of annual carry-forward appropriations.
These requests are for projects previously appropriated, and for which cash reserves are set aside. Different
categories of requests include:
· Attachment B: "New Requests" of $7,483,800 include requests for formal appropriation of funding issues
previously reviewed by Council during this fiscal year, new requests, and capital requests that have gone
beyond the two year automatic re-appropriation time frame provided by the City's Asset Management
process. Narrative justification of each new request is provided as part of this memorandum below.
· Attachment c: "Manager 10% Carry-forward Savings" of $91,710, which represent 10% of operating
budget savings from all departments of the City in previous years. These one-time appropriations are
allocated the City Manager's office (See Attachment C) for use in addressing mid-year issues with
citywide implications.
· Attachment c: "Departmental 50% Carry-forward Savings" of $1,969,900, which represent 50% of
previous year operating budget savings for individual departments. Departments are allocated these
amounts as a reward to finding efficiencies in their operations that allow them to meet their operating
goals while spending less than their total appropriations. These one-time appropriations can be spent on
items related to the department's mission (See Attachment C).
. Attachment D: "Departmental "100% Carry-forward Requests": These requests are for operating items
and capital improvement projects budgeted in 2006 that require completion in 2007. Requests total
$21,788,980. This category includes the City's personal computer and workstation replacement programs
- which keeps the City's computer technology new and efficient, and significant re-appropriation of
ongoing capital projects. Attachment D details these requests by department.
· Attachment E: This attachment details all budgeted interfund transfers of the City for 2007 of
$25,336,440, in total.
· Attachment F: This attachment details all of the technical adjustments in 2007 of $5,977,980, in total.
· Attachment G: This attachment details all of the adjustments for the second reading totaling $73,070.
These include new requests; changes to the 100% carry forward requests, and additional technical
adjustments.
New Requests:
In the General Fund, new requests to be reviewed by City Council, total $564,850. These requests are
made up of the following:
City Counci/- The City Council Department is requesting $15,000 in total. $15,000 is for the formal
appropriations of the senior food tax refund. In the past years the senior food tax refund has been expensed out
of the City Council Departments budget. This will appropriated the correct budget amount for this tax refund in
the 2007 fiscal year. This request will be funded from General Fund cash reserves.
City Manager- The City Manager Department is requesting $55,640 in total. $22,930 of this request is for
the City Manager's salary increase and bonus approved in the January 9th, 2007 meeting with City Council.
$25,600 of this request is for the reimbursement of Central Savings for the New Year's Eve event in 2006. These
two requests will be funded by the General Fund cash reserves. $7,110 of this request is for the reimbursement
of Central Savings for the sale of the remaining silver coins purchased with Central Saving funds. This request is
100% offset by the revenue generated from the sale of the coins.
Human Resource- The Human Resource Department is requesting $46,260 in total. $46,260 is for the
change of pay due to the reclassification of two existing full time employees. This is a technical change to the
payroll for the Human Resource Department. This request will be funded by the General Fund cash reserves.
City Attorney- The City Attorney Department is requesting $67,900 in total. $33,000 of this request is for
special counsel for the City Attorney's office; including municipal court, planning and zoning commission,
historical preservation commission, board of adjustment, and liquor license authority. $34,900 of this request is
for the City Attorney's salary increase and bonus approved in the January 9th, 2007 meeting with City Council.
These requests will be funded from the General Fund cash reserves.
Community Development- The Community Development Department is requesting $85,000, in total.
$75,000 is for additional costs for the current moratorium (see memo for details). $10,000 is for historic analysis
of the Zupancis property (see memo for details). These requests will be funded from General Fund cash
reserves.
Building Inspection- The Building Inspection Department is requesting $121,740, in total. $31,200 is a
request to hire a combination inspector for April, May, and June to help with the inspection workload due to
project activity (see memo for details). $45,540 is for a request to hire a permanent full time Combination
inspector beginning in July of 2007 (see memo for details). If this position is approved, it will increase the General
Fund annual budget by about $91,000 per year. These requests will be funded by the General Fund cash
reserves. $26,000 is a request for a contractor to handle specialized contract review (see memo for details). This
request is 100% offset by permit fees; it is a pass thru expense. $9,000 is a request for the additional work to
satisfy the request for further information for the Harvard Innovations in Government Award (see memo for
details). $10,000 is a request for an energy consulting firm to provide research, input, and feedback in adopting
the IECC for our new commercial REMP code (see memo for details). These requests will be funded by the
General Fund cash reserves.
Police- The Police Department is requesting $22,310, in total. $20,000 is for the formal appropriations of
the LEAF grant funding (see memo for details). This request is 100% offset by grant revenue. $2,310 is a
request for the overtime costs provided by Basalt and Snowmass Village during the X games (see memo for
details). This request will be funded by the General Fund cash reserves.
Streets Department- The Streets Department is requesting $20,000, in total. $20,000 is a request to
retrofit both on road and off road Street Department Fleet with a combination of diesel catalysts and closed crank
case filters. This request is 100% reimbursed by an EPA grant (see memo for details).
Special Events- The Special Events Department is requesting $46,000, in total. $36,000 of this request is
to appropriate funding for the 2007 New Year's Eve Celebration; similar to the 2006 celebration. $10,000 is a
request to fund the ride for the Rockies; bringing over 3,OPO riders and support personnel to Aspen (see memo for
details). These requests will be funded from the General Fund cash reserves.
Aspen Recreation Center- The Aspen Recreation Center Department is requesting $42,500, in total.
$42,500 is for the formal appropriation of the retirement payout of a long time employee of the recreation
department. This is a technical adjustment. The request is for the retirement bonus, accumulated sick and
vacation payout. The payout was funded from the operational budget of the ARC. This request is to restore the
operational budget back to the approved based of 2007. This type of payout is not budgeted for in the normal
budget process. This request will be funded by the General Fund cash reserves.
Ice Garden- The Aspen Ice Garden Department is requesting $42,500, in total. $42,500 is for the
retirement cash out for a long time employee of the Ice Garden. The request is for the retirement bonus,
accumulated sick and vacation payout. The payout was funded from the operational budget of the AIG. This
request is to restore the operational budget back to the approved based of 2007. This type of payout is not
budgeted for in the normal budget process. This request will be funded by the General Fund cash reserves.
Parks Operational Fund- The Parks Fund is requesting $38,660, in total. $38,660 is for a request to fund
the rising cost of the insurance premiums (see memo for details). This request will be funded by the cash
reserves in the Parks Fund.
Wheeler Opera House Fund- The Wheeler Opera House Fund is requesting $161,070, in total. $4,010 is
for the formal appropriations of the central savings portion of the City of Aspen's carry forward savings program.
$2,480 is a request for digital projector (see memo for details). $17,500 is for additional expenses associated with
the boiler replacement (see memo for details). $30,500 is for backstage improvements (see memo for details).
$40,000 is for HVAC duct work (see memo for details). $12,000 is for the keyless entry system to provide better
security (see memo for details). $35,000 is to purchase lobby drapes to better insulate the 2nd floor lobby (see
memo for details). $19,580 is a request for the replacement of the telephone system (see memo for details). The
Finance Department has determined that the Wheeler Fund has sufficient prior year cash balances to support this
request.
Housing Development Fund- The Housing Development Fund is requesting $4,443,360, in total.
$3,149,910 is for the formal appropriations of the Gerber property purchase approved by City Council. $67,000 is
the formal appropriation of Deer Hill Trail project approved by City Council on January 22nd, 2007. $1,226,450 is
a request for the funding of the Burlingame Trail project (see memo for detailS). The Burlingame Trail project will
be revised for second reading due to some miss information provided by the landscape contractor during the
budget development of this project. As a portion of the trail easement agreement with the Bar I X property owners
on this project, the City of Aspen agreed to provide landscaping improvements to provide screening and safety
needs on the property. The Bar I X team provided the City of Aspen with landscaping numbers which were
incorrect because of an error the landscape contractor made in providing detailed budget projections. This will
result in this request being higher for the landscape portions of the project in the second reading of this budget
request. The Finance Department has determined that the Housing Development Fund has sufficient prior year
cash balances to support this request.
Early Childhood Fund- The Early Childhood Fund is requesting $314,800, in total. $314,800 is for the
formal appropriations of the contributions and grant funding for 2007 (see worksheet for distribution). This
request will be 100% funded by grant and contribution funding.
Kids First Fund- The Kids First Fund is requesting $680, in total. $680 is for the formal appropriations of
the central savings portion of the City of Aspen's carry forward savings program. The Finance Department has
determined that the Kids First Fund has sufficient prior year cash balances to support this request.
Parks Capital Fund- The Parks Capital Fund is requesting $98,220 in total. $98,220 is for the payment to
Obermeyer for meeting their contractual obligations (see memo for details). The Finance Department has
determined that the Parks Fund has sufficient prior year cash balances to support this request.
Water Fund- The Water Fund is requesting $63,460, in total. $8,460 is for the formal appropriations of the
central savings portion of the City of Aspen's carry forward savings program. $55,000 is for the Smuggler MHP
water distribution system (see memo for details). The Finance Department has determined that the Water Fund
has sufficient prior year cash balances to support this request.
Transportation and Parking Fund- The Transportation and Parking Fund is requesting $(45,710), in total.
$3,990 is for the formal appropriations of the central savings portion of the City of Aspen's carry forward savings
program. This request will be funded for the Transportation and Parking Funds cash reserve. $52,800 is for
funding for emissions control technology on the City's Bus Fleet; 68% of this request is reimbursed from grant
funding and the remaining 32% will be funded by this supplemental request from the Transportation Fund cash
reserves (see memo for details). $16,000 is for the in town towing charges associated with the towing activity for
2007. This request will mainly be funded from tow fees that are in place to offset the expense. ($118,500) is a
technical adjustment. These funds were appropriated in the 2007 budget development process as a pass through
for the EOTC funded program. It has since been determined that the Public Process for the entrance to Aspen is
being run thru the County financials.
Golf Fund- The Golf Fund is requesting $20,000, in total. $20,000 is for electronic tee sheet system for
the golf pro shop (see memo for details). This request will be funded 32% by Aspen Sports and 78% by the Golf
Funds cash reserves.
Truscott Fund- The Truscott Fund is requesting $15,000, in total. $15,000 is for the office repair and
relocation of the Truscott housing offices. The Finance Department has determined that the Truscott Fund has
sufficient prior year cash balances to support this request.
Asset Management Capital- The Asset Management Capital fund is requesting $1,807,540, in total.
$36,000 is for the Park Ave pedestrian improvements (see memo for details). $74,540 is a technical adjustment
to fully appropriate the Tabor funds in the AMP Fund. $8,000 is to complete construction and repairs for the
information pavilion. $25,000 is for the design of the storm sewer system on Gibson Avenue (see memo for
details). $49,000 is for the design of basic improvements to the Rio Grande Recycle Center (see memo for
details). $90,000 is a technical adjustment to formally appropriate the property tax collection fees. These
requests will be funded from the cash reserve in the General Fund. $1,525,000 is for the construction project of
the ISIS Theater. This request is funded from through the structure of the ISIS closing.
Second Readin~ Additions and Adiustments:
New Request:
In the General Fund, new requests for the second reading to be reviewed by the City Council, total
$194,130. These requests are made up of the following:
Environmental Health- The Environmental Health Department is requesting $7,000 in total. $7,000 is for
the purchase of a bin for the collection of grass and leaves at the Rio Grande Recycle Center. This request will
be funded from the General Fund cash reserves. This purchase has a two year payback on the investment of the
bin; see the memo for more details.
Community Development- The Community Development Department is requesting $187,130 in total.
$50,640 of this request is for the salary of a Plans Examiner from May thru December of 2007. (See memo for
details) $46,490 of this request is for the salary of a Permit Advocate from May thru December of 2007. (See
memo for details). These two positions will be additions to the full time staff of the City of Aspen. $60,000 is for
office space for the new Community Development staff. $30,000 is for workstations, computers, and training for
the new staff. These requests will be funded by the General Fund cash reserves.
Parks Operations Fund- The Parks Operational Fund is requesting $15,650 in total. $15,650 is for the
purchase of a Ford Truck. This is a replacement of a vehicle that was in an accident. This request is 100% offset
by the insurance reimbursement.
Housing Development Fund- The Housing Development Fund is requesting $300,000 in total. $300,000 is
the adjustment to the original request of $1 ,226,450 for the Burlingame Trail project that was mentioned in the first
reading. The total cost of the Burlingame Trail project is $1,526,450. The Burlingame Trail project costs are
described in a detailed project budget included in this packet to Council. The Finance Department has
determined that the Housing Development Fund has sufficient prior year balances to support this request.
Marolt Housing Fund- The Marolt Housing Fund is requesting $86,940 in total. $86,940 fully funds the
Marolt Boiler project. (See memo for details) The Finance Department has determined that the Marolt Housing
Fund has sufficient prior year balances to support this request.
100% Carry Forward Adiustments and Reauests:
Engineering Department- The calculation for the General Fund was being overstated due to a hidden cell
in the worksheet. This adjustment of ($5,200) in the Engineering Department subtotal corrects this oversight.
Wheeler Fund- The Puppy Smith project is no longer moving forward; therefore, the appropriation for this
project will be reduced, returning $2,000 to the Wheeler's fund balance.
Parks Capital Fund- The Puppy Smith project is no longer moving forward; therefore, the appropriation for
this project will be reduced, returning $2,000 to Park's Operational fund balance.
Water Fund- The Water fund is requesting $22,000 in total. The Puppy Smith project is no longer moving
forward; therefore, the appropriation for this project will be reduced, returning $13,000 to the Water's fund
balance. $10,000 is for the re-appropriation of 2006 funds for creating public materials for the Climate Impact
Assessment project in 2007. $25,000 is for the re-appropriation of 2006 funds for implementing energy
improvements in City Hall in 2007. These two requests will be funded from transfers from the General Fund,
transfers from the Electric Fund, and cash reserves in the Water Fund.
Electric Fund- The Puppy Smith project is no longer moving forward; therefore, the appropriation for this
project will be reduced, returning $23,500 to the Electric's fund balance.
Asset Management Funds- The Puppy Smith project is no longer moving forward; therefore, the
appropriation for this project will be reduced, returning $9,500 to the General Fund's fund balance. $4,780 is a
request to carry forward the approved amount for the City Hall's first floor renovation. This is a technical
adjustment to fully re-appropriate a 2006 approved project in 2007. This request will be funded by the General
Fund cash reserves.
Technical Adiustments:
General Fund- The General Fund is requesting $37,100 in total. ($9,850) is a reduction in the carry
forward savings calculations. $21,670 Is an increase to the transfer from the General Fund to the Water Fund to
fund the Global Warming carry forward projects. $25,280 is an increase in the transfer from the General Fund to
the AMP Fund to fund the appropriated capital projects.
Parks Operation- Due a change in the Parks Capital projects composition; the transfer to the Parks Capital
Fund is reduced ($102,000).
Housing Fund- There was an approved change in the Burlingame car share vehicle from gas powered to
hybrid; this increased the cost of the vehicle from 15K to 30K. This is the additional $15,000 transfer to fund the
change in cost. (See memo for details)
Parks Capital Fund- Due to a change in the 2007 Park's capital project composition; the budget
appropriations are reduced by ($525,000).
Electric Fund- $6,670 is an increase to the transfer from the Electric Fund to the Water Fund to fund the
Global Warming carry forward projects.
Transportation Fund- $30,000 is to appropriate previously approved funds for the hybrid car share vehicle
purchase at the Burlingame Ranch Housing Project.
Asset Management Fund- $30,000 is to appropriate approved funds for capital improvements at the
Yellow Brick building.
ORDINANCE NO. ~
(Series of 2007)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $5,234,290, AN INCREASE
IN THE GENERAL FUND OF $7,697,330, AN INCREASE IN THE PARKS FUND
OF $761,790, AN INCREASE IN THE WHEELER FUND OF $847,580, A.,.~
INCREASE IN THE PARKING IMPROVEMENT FUND OF $422,650, AN
INCREASE IN THE HOUSING DEVELOPMENT FlThl> OF $17,014,680, AN
INCREASE IN THE EARLY CHILDHOOD FUND OF $381,350, AN INCREASE
IN THE KIDS FIRST FUND OF $88,580, AN INCREASE IN THE PARKS
CAPITAL IMPROVEMENT FUND OF $1,397,950, AN INCREASE IN THE
WATER FUND OF $2,268,670, AN INCREASE IN THE ELECTRIC FUND OF
$535,620, AN INCREASE IN THE STORMW ATER FlTND OF $12,910, AN
INCREASE IN THE RUEDI FUND OF $5,080, AN INCREASE IN THE
TRANSPORT A nON AND PARKING FUND OF $486,080, AN INCREASE IN
THE GOLF FUND OF $20,000, AN INCREASE IN THE TRUSCOTT FUND OF
$18,850, AN INCREASE IN THE MAROLT FUND OF $188,000, AND AN
INCREASE IN THE HOUSING AUTHORITY FUND OF $4,030.
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may
make supplemental appropriations; and
WHEREAS, the City Manager has certified that the City has unappropriated current year
revenues and/or unappropriated prior year fund balance available for appropriations in
the following funds: ASSET MANAGEMENT PLAN FUND, GENERAL FUND,
PARKSFUND,WHEELERFUND,PARKINGI~ROVEMENTFUND,HOUSING
DEVELOPMENT FUND, EARLY CHILDHOOD FUND, KIDS FIRST FUND, PARKS
CAPITAL IMPROVEMENT FUND, WATER FUND, ELECTRIC FUND,
STORMWATERFUND, RUEDIFUND, TRANSPORTATION AND PARKING
FUND, GOLF FUND, TRUSCOTT FUND, MAROLT FUND, AND THE HOUSING
AUTHORITY FUND.
WHEREAS, the City Council is advised that certain expenditures, revenue and transfers
must be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
Upon the City Manager's certification that there are current year revenues and/or prior
year fund balances available for appropriation in the: ASSET MANAGEMENT PLAN
FUND, GENERAL FUND, PARKS FUND, WHEELER FUND, PARKING
IMPROVEMENT FUND, HOUSING DEVELOPMENT FUND, EARLY CHILDHOOD
FUND, KIDS FIRST FUND, P ARKS CAPITAL I~ROVEMENT FUND, WATER
FUND, ELECTRIC FUND, STORMW A TER FUND, RUEDI FUND,
TRANSPORTATION AND PARKING FUND, GOLF FUND, TRUSCOTT FUND,
MAROLT FUND, AND THE HOUSING AUTHORITY FUND: the City Council hereby
makes supplemental appropriations as itemized in the Attachment A.
Section 2
If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for
any reason invalid or unconstitutional by any court or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion thereof.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR
POSTED ON FIRST READING on the 9th day of April, 2007.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the 23rd day of April, 2007.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to Form:
John Worcestor, City Attorney
Attachment A
Total City of Aspen 2007 Appropriations by Fund
Total 2007 Amended
Expenditures & 2007 Expenditure
Fund Name Transfers Out Supplemental #1 Budget
General Government Funds
Asset Management Plan $6,782,810 $5,234,290 $12.017,100
General Fund $22 268 680 $7697.330 $29966010
Subtotal General Gov't Funds: $29,051,490 $12,931,620 $41,983,110
Soecial Revenue Funds
Parks and Open Space $9.211,100 $761,790 $9,972,890
Wheeler Opera House $3.803,010 $847,580 $4,650,590
Lodging Tax Fund $1.151,260 $0 $1,151,260
Parking Improvement Fund $1.688,410 $422,650 $2,111,060
Housing Development $12.188,410 $17,014,680 $29,203,090
Early Childhood Educ, Initiative -
AVCF $135,970 $381.350 $517,320
Kids First I Yellow Brick $1 680660 $88 580 $1.769.240
Subtotal, Special Rev. Funds: $29,858,820 $19,516,630 $49,375,450
Debt Service Funds
Debt Service Fund $3 758.360 ~ $3758360
Subtotal, Debt Service Funds: $3,758,360 $0 $3,758,360
Parks Capital Improvement Fund $2,496,660 $1,397,950 $3,894,610
Enterprise Funds
Water Utility $7,532,880 $2,268,670 $9,801,550
Electric Utility $6,400,420 $535,620 $6,936,040
Stormwater Fund $0 $12,910 $12.910
Ruedi Hydroelectric Facility $442,230 $5,080 $447.310
Transportation Fund $3.229,100 $486.080 $3,715.180
Municipal Golf Course $1.162,690 $20.000 $1,182.690
Truscott Housing $2.006,830 $18.850 $2,025.680
Marolt Housing $983.950 $188000 $1 171950
Subtotal, Enterprise Funds: $21,758,100 $3,535,210 $25,293,310
Health Ins. Internal Service Fund $3,162,500 $0 $3,162,500
Trust & Agency Funds
Housing Authority $1,018,170 $4,030 $1,022,200
Smuggler Mountain Fund $73 780 ~ $73 780
Subtotal, Trust & Agency Funds: $1,091,950 $4,030 $1,095,980
ALL FUNDS: $91,177,880 $37,385,440 $128,563,320
Less lnterfund Transfers $19,358,450 $5,971,100 $25,329,550
'Nt::T
APPROPRIA TlONS: $71,819,430 $31,414,340 $103,233,770
City of Aspen I I Attachment B
2007 Supplemental Budget I !
New Funding Requests , !
Oeoartme"t I New Reauest DescrlDtlon Amount ! Subtotal bv Dent_
I ,
I I
City Council I
001.03.03000.88720 I Formal appropriations of the senior fcod tax refund : $1S,000
Subtotal, City Council I , $15.000
City Manager ,
iCity Manager increase to permanent staff payroll and benefits approved in I
001.05.05000.80. ItMe January 9th" 2007 meeting with City Council ! 522,930 '
001.05.05000.88901 t Reimburse Central Savings for New Year's Eve event in 2006 525,800 .
: Reimburse Central Savings for the sale of silver coins - this is 100% offset i
001.05.05000.88901 i by revenue. one time request 57,110 '
, Subtotal. City Manager $55.640
Human Resources
001.06.06000.80. Human Resources reclassification of two existing FTE.'s 54? .260
, Subtotal, Human Resources $46.260
City Attorney , ,
,Special Counsel for City Attorney Office; Municipal Court, Planning and ,
! Zoning Commission, Historical Preservation Commission, Board of I I
001.09.09000.82999 iAdjustment, Liquor License Authority S33,000 '
I City Attorney increase to permanent staff payroll and benefits approved in i
001.09.09000.80. I the January 9th. 2007 meeting w~h City Council I 534.900
Subtotal, City Attorney:, $87.900
Community Development , I
:Additional costs for the current Moratorium: due to additional requests I I
i from Council, as well as, additional considerations by staff for additional I
001.13.13316.82999 : studies and an expanded scope for the land use and design consultants. 575,000 .
001.13.13351.82000 I Historic analysis of the Zupancis Property - phase II $10,000 '
Subtotal, Community Development $85,000
Building Inspection I
Request to hire a combination inspector for April, May, and June to help
001.21.21000.82900 with the inspection workload due to project activity 531,200
Request to hire a permanent full time, year round, Combination Inspector
I beginning in July 2007. This request is for the salary of.this position from
July to December 31, 2007. Once this position Is approved the total
I Impact to the budget In the future years will be an Increase to the
001.21.21000.80. ,annual budget of about $91,000 a year. $45,540
I~equest is to pay a consultant to work with the building department team
to perform plan review services. The contractor will handle specialized
001.21.21000.82900 contract plan review for structural, electrical, and time sensitive projects. 526,000
The Renewable Energy Mitigation program has be chosen as a finalist for
the Harvard Innovations in Government Award and there is now additional
001.21.21000.81999 work to satisfy request for further information (see memo for details) $9,000
I Ener9Y Code Rewrite- Request to pay an ener9Y consultin9 firm to provide
research, input and feedback in adopting the IECe for our new
001.21.21000.82900 commercial REMP code. $10,000
Subtotal, Building Inspections: $121,740
Police ,
001.31.31200.80040 iFormal appropriations of the LEAF grant funding - this request is 100% $6,670
reimbursed by grant funding
!Formal appropriations of the LEAF grant funding - this request is 100%
001.31.31700.82900 I reimbursed by grant funding $13,330 .
,X - games overtime costs provided by other agency. Basalt and
I Snowmass Village provided additional staffing to provide a safe I
I~nvironment nights of 1/26 and 1/27/207 (see included request for more
001.31.31200.82999 details) I $2,310
, Subtotal, Police Departmentl $22.310
Streets Department I
I ~equest to retrofit both on road and off road vehicles in the Street
I Department Fleet with a combination of diesel oxidation catalysts and
closed crank case filters. This request is 100% reimbursed by an EPA
001.41.-...83036 19rant (see supplemental request for more details) $20,000
::suDtota, treets uepartmentl $20,000
Sceclal Events
Att B. New Request!
Page 1
City of Aspen Attachment B
2007 Supplemental Budget
New Funding Requests
Deoartment New Reauest DescrlDtlon Amount Subtotal bv Deat
New Year's Eve ~ 2007 this request is to caver expenses of a celebration
001.70.71728.82999 at the ARC and Wagner Park similar to 2006 $38,000
Request is to fund the Ride for the Rockies - bringing over 3000 riders,
001.70.71727.82999 = $3,000 families and support personnel and staff to Aspen. (see memo for more
001.70.71727.83999 = $7,000 details) $10,000
Subtotal, Special Events $46.000
ARC I
001.72.72700.80012 etirement payout - relmoursement of the----nase payro or tnis expense $42.500
Subtotal. ARC $42.500
Ice Garden
001.74.74000.80012 Retirement payout. reimbursement of the base payroll for this expense $42,500
Subtotal, Aspen Ice Garden $42.500
SUBrOTAL, GENERAL FUND: i $564,850
Parks Operations:
Insurance Pool - request is an adjustment to fund the rising costs of the
100.55.55000.82400 insurance $38.860
5u to , arkS Fund:1 $38,660
Wheeler Opera House I
120.93.93000.88901 Central Saving calculation $4,010
120.94.83049.86000 Digital Projector - (see attached memo for details) $2,460
120.94.83083.86000 New Boiler I Furnace - (see attached memo for details) $17,500
120.94.81102.86000 Backstage Improvements - (see attached memo for details) $30.500
120.94:-.86000 HVAC - (see attached memo for details) $40.000
120.94.*.......86000 I Keyless Entry System - (see attached memo for details) $12.000 i
120.94.--.86000 i Lobby Drapes - (see attached memo for details) $35,000 :
120.94.-.86000 I Replacement Telephone System. (see attached memo for details) $19,560 :
T Subtotal, Wheeler Fund $161,070
Parking Garage ,
,
140.54.54000.88901 : Central Saving calculation $1,870
I Subtotal, Parking Garage Fund $1,870
Houslna Development ,-
150.23:--.86000 I Council Approved - Gerber Property Purchase $3.149,910
150.23.23128.82970 i Council Approved on January 22nd design funding for the Deer Hill Trail $67,000
I Buningame Trail Funding - (see attached memo for details) . this request
150.23.--.86000 will be revised for the second reading $1,226,450
Subtotal, Housing Development Fund:; I $4,443,360
Early Childhood I 1
I Formal appropriation of the contributions and grant funding for 2007 - this
151.26.-*....****. request is 100% offset by grant funding. (see worksheet for details) $314,800
Subtotal, Early Childhood: $314,800
Kids First I
152.24.24000.88901 I Central Saving calculation I $680
I Subtotal, Kids Flrstl $680
Parks Capital I I
i Obermeyer credit of park impact fees for completing the Hunter Creek I
340.94. "'*... .....* !Trail- (see memo for details) $98.220
I Subtotal, Parks and Open Space Capital Fund:: $98,220
Water Fund , I
421.43.43000.88901 : Central Saving calculation I $8,460
421.94.44601.86000 ; Smuggler MHP Water Distribution System I $55.000
Subtotal, Water Fund: $63.460
Transportation i I
460.32.32000.88901 ! Central Saving calculation $3,990 I
ITowing Expenses - This request will mainly be funded from tow fees that
our in place to offset the expense. towing activity is higher than expected
450.32.32000.82920 Ifor 2007. $16,000
Congestion Mitigation and Air Quality program - funding for emissions $52,800 I
control technology on City Bus Fleet - 68% of this request is reimbursed
450.32.32100.83035 from grant funding (see memo for more details)
Public Process for the entrance to Aspen is being run thru the County I
financials - this is the EOTC fundS. originally structured to be run through I ($118,500
450.32.32100.82175 the City of Aspen Financials
I Subtotal, Transportation Fund:: $45,7101
At! 8. New Requests
Page 2
City of Aspen T , Attachment B
,
2007 Supplemental Budget I
New Funding Requests T
Onrtment New Reauest DescrlDtlon Amount I Subtotal bu Dent
Golf Fund . I
:=!ectronic Tee Sheets for Golf Pro Shop. 32% of this request will be ,
reimbursed by Aspen Sports. The ::ost to the golf fund is $12,500 (see $20.000 I
471.94.81105.86000 memo for more details)
Subtotal, Golf Fund:' , $20,000
Truscott I
491.94.82101.86000 I Office Remodel I relocation of the -:':-uscott office I $1 S,OOO
~ Subtotal, Truscott Fund:,
, $15,000
Asset Management Capital ,
i Park Ave pedestrian improvements - sidewalk (see attached memo for $36.000 !
000.lS.82130.82970 :details)
000.90.82076.86000 'Taber funded. City Sidewalks Prcject , $74,540 ,
i Dwell project - funds needed to complete construction and fix repairs for I
000.91.81048.86000 ; the information pavilion $8,000 ;
000.91.82120.860CO' Gibson - Construction of Storm Sewer - (see attached memo for details) $25,000 .
000.91.82110.86000 Rio Granae Recycle Center - (see attached memo for details) $49,000
000.91.03000.82990 Property Tax Collection Fees - technical adjustment , $90,000
,
Isis Theater ~ construction project. 100% funded through the structure of , $1,525,000 I
000.91.31068...... the tSIS closing ,
Subtotal, Asset Management Capital Fund:~ I $1,807,540
Total New Requests All Funds: I $7,483,800 I $7,483,800
Att B. New Requests
Page 3
ATTACHMENT C
City of Aspen - Updated for Second Reading
2007 Supplemental Budget Request
10% and 50% Carryforward Requests
City Manager "10%" Operating Budget 50%
Department Carryforward Savings Carryforward Savings
Council $940 $29,550
City Manager $48,380 $54,440
Human Resources - 06000 $1,510 $7,530
HR - Risk Management - 06400 $0 $8,650
City Clerk $4,010 $139,660
City Attorney $0 $3,610
Finance Department $0 $321,100
Community Development $0 $12,740
Engineering $0 $24,660
Building Inspection $0 $14,460
Environmental Health $100 $14,290
Police Department $2,640 $205,080
Public Safety Records $30 $8,720
Streets Department , $11,730i $297,600
Geographic Information Systems $01 $0
Information Systems $0 $58,590
Special Events $0 $0
Aspen Recreation Center $0 $0
Ice Garden I $0 $0
Asset Management Dept $3,160 $85,220
Parks Department Fund $0 $0
Wheeler Opera House Fund $4,010 $191,070
Parking Garage Fund $1,870 $37,520
Kids First Fund $680 $59,330
Water Utility Fund $8,460 $171,090
Electric Utility Fund $0 $0
Transportation Fund $3,990 $215,340
Totals $91,510 $1,960,250
Att.C -10% & 50% Savings
Page 1
City of Aspen I I ATTACHMENT 0
2007 SUDDlemental BudDet I
100% Cany forward Appropriation Reguest I
I I Subtotal by
Q!fl~~m~nt Oescriction Amount I OeDartment
I
City Manager
001,05.05000.83625 ; Work.station Replacement Carry forward $8,610 I
~~.O5000.83655 I PC Replacement Carry forward $14,250 i
Subtotal, City Manager:1 $22.860
HR I Risk Management I I
001.06.06000.83625 ,Workstation Replacement Carry forward . ~R I $6,990
001.06.06000.83655 PC Replacement carry forward-. HR $2.220
001.06.06400.83625 ! Workstation Replacement Carry forward - Risk I $570 :
001.06.06400.83655 ; ~C Replacement Carr,! forward - Risk. $1.110
SUDtmal, Human Resources:' $10,890
City Clerk
~.:.,a7,07000.83625 i Workstation Replacement Carry forwa~? $6,710
001.07,07000.83655 PC Replacement Carry forward: I $10.580 :
, Subtotal, City Clerk:, $1l,290
City Attorney
001.09.09000.83625 I Workstation Replace~ent Carry forward $3,590 --
~~.09,03COO.83655 IPC Replacement C3rrf_~orward: I ~2,330
S....btotal, City Attomey:' 35.920
Finane. Capt. , I
001.11.11000,83625 'Workstation Replacerr.el"t Carry forwara , $4,680 :
001.11.110C:J,a3655 ,PC Replacement Carry forward: $9,620~'
Subtotal, ,-inance Department:j i $14,300
Community Devel.
001.13.13200.83625 I Workstation Replacement Carry forwara $26,930
001.13.13200.83635 Eq. Mnt & Repair 100% Carry forward $16,050
001.13.13200.83655 'PC Replacement Carry forward: $17,890
001.13.13316.82999 . Moratorium $183,200
001.13.13362.82000 : Civic Center Project $10,920 I
Subtotal, Community Development: $254,990
Englne.rlng
001.15.15000.83625 Workstation Replacement Carry forward $2,570 '
001.15.15000.83655 PC Re laeament Ca forward: $2,630 ,
I ?oubie Counted thiS Subtotal in a Hidden Cell - corrected in the ,
reduced in 2nd readino ; second readlno $5,200
Subtotal. Engineering Department:, $10,400
Building Inspection I
001.21.21000.83625 Workstation Replacement Carry forward $390 '
001.21.21000.83655 I PC Replacement Carry forward: $3.280
Suetotal, Building Inspection: I $3,670
Environmental Health
001.25.25500.83625 I Workstation Replacement Carry forward $3,360 :
001.25.25500.83655 PC Replacement Carry forward: $1,480
Subtotal, Environmental Health: $4,840
Police
001.31.31000.83625 Workstation Replacement Carry forward $26,530 ,
001.31.31000,83635 Eq. Mnt& Repair 100% Carry forward $32,750
001.31.31000.83655 PC Replacement Carry forward $13,290
Subtotal, Pollee Department: $72,570
Public Safety Records
001.33.33000.83625 IWorkstation Replacement Carry forward $620 i
001.33.33000.83655 PC Replacement Carry forward: $1,110
Subtotal, Public Safety Records: i $1,730
Streets Department ,
001.41.41000.83625 Workstation Replacement Carry forward $5.410
001.41.41000.83635 Eq. Mnt & Repair 100% Carry fOlWard $3,630
001.41.41000.83655 PC Replacement Carry forward I $3,110
Subtotal, Streets Department: $12,150
Geographic Info Sys.
001.60.6??oo.83625 Workstation Replacement Carry forward $2,880
001.60.60000.83655 PC Replacement Carry forward: $SO .
Subtotal, GIS:! $2,940
Information Systems I
001.61.61000.83625 Workstation Replacement Carry forward $15,570
001.61.61000.83655 PC Replacement Carry forward: $2,400
Subtotal, I.S. Department:, $17,970
City of Aspen I ATTACHMENT 0
2007 Supplemental Budaet
100% Carry forward Appropriation Request
Subtotal by
Oe"'artment Descriotion Amount DeDartment
Special Events Dept: ,
,
001.70.71000.83625 Workstation Replacement Carry forward $360
001.70.71000.83655 PC Replacement Carry forward: I $740
Subtotal, Special Events:: $1,100
A.ecreatlon Depart
001.71.71000.83625 Workstation Replacement Carry forward $5,360 !
001.71.71000.83655 PC Replacement Carry forward: $5,970 I
001.71.71000.84133 Max Marolt Scholarship funds. unexpended 2006 $750 I
Subtotal, Recreation:, $12,080
Aspen Rec. Center
001.72.72000.83625 Workstation Replacement Carry fOlWard $5.440
001.72.72000.83655 PC Replacement Carry forward: $4,700
001.72.72600.86000 Youth Center Air conditioning Improvements: Punch list Items $26,790
Subtotal,ARC:1 $36,930
Ice Garden
001.74.74000.83625 Workstation Replacement Carry fOlWard $5,080
001.74.74000.83655 PC Replacement Carry forward: $3,190
Subtotal, Ice Garden:, $8,270
Asset Management
001.91.05000.83625 Workstation Replacement Carry forward $2,880
001.91.05000.83655 PC Replacement Carry forward: $5,180
Subtotal, Asset Management: $8,060
SUBTOTAL, GENERAL FUND: $518,980
~ of Aspen ATTACHMENT 0
2001 ~plemental Budaet
1Q"~% Carry forward ~pproprlatjon Request
! Subtotal by
L?~.~_a_rtment DescriDtion , Amount DeDartment
Parks &, Open Space I
Fund: I
~_5'5_5~OOC,83_525 Woricstalion Replacement Carry forward i $3,380
, CC.55.55CCO.83655 I PC Replacement Carry forward I $4,720
- Subtotal, Parks and Open Space Fund:1 $8,100
Wheeler Opera House i i i
FlJr~' i
12~:.:"3_ 93000.33525 Workstation Replacement Carry forward , $1,240 r
'-2c:ii3,930CC.83635 Eq. Mnt & Repair 100% Carry forward , $45.420 I
120.93.93CC"b.B3655 PC Replacement Carry forward: i $21,330 !
~ 20.93.93200.82QOO Artist Fees $30,740
~O.3_3.93200.8~1 15 Co Promotion , $134,230 I
120.33.93200.62140 Advertising Publicity Fee $122,940 I
~p,9~:~315a.B29CO '21st Century Plan , $22,740 i
2~,9_4.a1~~o.a6~OO ! PUppy SMITi; .--OUSING I 52,000 ,
12C.a4.81006.86CQO I HVAC SYSTE~.XS MAINTENANCE $8.380 I
120.94 81022.86000 ; ROOF REPAIRS I $70,aOO I
~2' fi4:a"1 023 86000 ; STAGE LIGHTING , $10,000
,
120.94,81061.86000 ,RIGGING INSPECTIONS $1,310
~~:94.81057.86000 'INTERIOR PAINT ANO FAUX WOODWORK $1,000
~.~~062.86000 NEW TICKETING SYSTEM SOFTWARE , $1,490
~~.94,81063.86000 REPLACEMENT TELEPHONE SYSTEM , $15,420
120.94.82019.86000 i RIGGING UPGRADE $7,000
120,94.83006~86000 ; IS PLAN 31,600 .
Subtotal, Wheeler Opera House Fund:: $497,440
I I i
~~_ Garage Fund: i
; 40.54,54000.83625 I Workstation Replacement Carry forward , $1,050
140.54.54000,83635 I Eq. Mnt & Repair 100% Carry forward $27,100
~?4.5~CO,83655 ! PC Replacement Carry forward 51,610 I
14094.81027.86000 I PAINTING INTERIOR AND EXTERIOR $125,000
PARKING GARAGE REPAIR OF 2 AND 4 INCH STEEL PIPES ,
14094,3"1042.86000 CONNECTED TO THE FIRE SUPPRESSION SYSTEM , 526,500
-
1J.0 94.83066.86000 REMODEL I RELOCATION OF THE PARKING DEPARTMENT 5202,000 :
Subtotal, Parking Garage Fund:, $383,250
Housing Oevelopment I
Fund: ,
,
150.23.23118.86000 LITTLE AJAX CONSTRUCTION IN PROGRESS $21,250
150.23,23120.86000 ANNIE MITCHELL HOUSING $443,700
150.23.23121.86000 HOUSING. BURL!NGAME AH $11,211,600
150.23.23121.86000 BURLINGAME RANC~ $559.300
150.23.45110.86000 TRUSCOTT ELEVA-OR , $20,470 ,
Subtotal, Housing Development Fund: I $12,255,320
~~ldhOOd 151 I
I Outside revenue from various grants and contracts with specific ,
uses that carry forward Into 2007. Request IS 100% offset by ,
15; ,24.241CO.84725 I revenue. , 566,550
Subtotal, Early Childhood Development Inltlatlve: $88,550
KIds First Day Care , !
Fund
152.24.24000.83625 Workstation Replacement Carry forward $2,700
152.24.24000.83655 PC Replacement Carry forward: $1,370 '
Outside revenue from AVMF grant paid in late 2006 with specific I $10,000 i
152.24.24100.84725 uses that carry into 2007. Request is 100% offset by Revenue
Yellow Brick building operational net revenues over expenses In $14,500 i
152.24.24210.83999 2006 to be used for buHdfng security in 2007 I
Subtotal, Kids First Day Care Fund: 128,570
Parlts & Open Space I
Capital
340.94.81040.86000 PUppy SMITH HOUSING $2,000 I
340.94.82044.86000 POST OFFICE TRAIL $77,500 :
340.94.82047.86000 ENTRANCE TO ASPEN IMPROVEMENTS $125,460
340.94.82054.86000 CITY HOUSING I MBC I $143,700 I
340.94.82064.86000 CASTEL CREEK TRAIL 5335,760
340.94.82067.86000 GOLF COURSE WATER RECLAMATION , $758,820
340.94.82071.86000 SALVATION DITCH I EAST OF ASPEN TRAIL I $16.900 I
340.94.82100.86000 TRUSCOTT LANDSCAPING $50,000 :
340.94.82069.86000 I RIO GRAND TRAil I 5300,940 '
I Subtotal, Parks and Open Space CapItal Fund:; I $1,811,080
City of Aspen I I ATTACHMENT 0
2007 Supplemental Budaet
100% Carry forward Appropriation Request
Subtotal by
Deoartment Descriotlon Amount OSDartment
WaterUtlllty
421.43.43000.83625 Workstation Replacement Carry forward I SO
421.43.43000.83635 Eq. Mnt & Repair 100% Carry forward i $18,560
421.43.43000.83655 PC Replacement Carry forward $13,630
421.94.44101.86000 SITE IMPROVEMENTS -INFRASTRUCTURE I $21,270
421.94.44103.86000 EAST TREATMENT PLANT . $21,810
421.94.44104.86000 WEST TREATMENT PLANT I $72,450
421.94.44108.86000 ,BACKWASH POND $4,840
421.94.44110.86009 I STORAGE SHED , $29,820
421.94.44302.86000 CASTLE CRE=K HYDRO $55.210
421.94.44401.86000 I WATER RIGHTS ACTIVITIES , $20,000
421.94.44402.86000 : CASTLE CREEK DAM & HEADGATE , $1,230 I
421.94.44406.86000 IMAROON CREEK PIPELINE $5.380
421.94.44407.86000 :GAUGING STATIONS $10,000
421.94.44408.86000 iRECLAMATION PROJECT $25,770
421.94.44409.86000 !WHITEWATER COURSE IMPROVEMENTS $20,000 !
421.94.44413.86000 UTILITY BUSINESS PLAN I $6.000 I
421.94.44414.86000 ISTORMWATER RATE STUDY $8,810
421.94.44501.86000 I RAW WATER DISTRIBUTION $49,930
421.94.44601.86000 I MAINLINE REPLACEMENT PROGRAM $122,800
421.94.44602.86000 HYDRANT REPLACEMENT PROGRAM $94,480
421.94.44605.86000 ISElINfTlEHACK WATERLINE ACROSS MAROON $15,000
421.94.44615.86000 MAROON CREEK BRIDGE HIGHWAY CROSSING I $353,310
421.94.44701.86000 PUMP STATION ! $155,750
421.94.44903.86000 RIO GRANDE WELL $153,830
421.94.45001.86103 I.S. PLAN. UTiLiTY BILLING $54,810
421.94.45001.86300 VEHICLES AND EQUIPMENT I $8,000
421.94.81040.86000 PUPPY SMITH HOUSING i $13,000
421.94.82054.86000 CITY HOUSING I MaC i $498,790
Subtotal, Water Utility:: $1,854,080
Stormwater , I $0 $0
I
Electric Utility
431.45.45000.83625 Workstation Replacement Carry forward $720
431.45.45000.83635 Eq. Mnt & Repair 100% Carry fOlWard I $4,320
431.45.45000.83655 PC Replacement Carry forward $1,480
431.94.46204.86000 CAsnE CREEK HYDROELECTRIC DISTRIBUTION SYSTEM (5384.000)
431.94.46205.86000 MAROON CREEK CONNECTION DISTRIBUTION SYSTEM I ($508,000)
431.94.46206.86000 ACSD DISTRIBUTION SYSTEM (5183,000)
431.94.46207.86000 !ARC DISTRIBUTION SYSTEM , (550.000)
431.94.46404.86000 IENERGYCONSERVATION PROJECTS I ($25,000)
431.94.46101.86000 IELECTRIC ADMINISTRATION BUILDING , $14,000
431.94.46103.86000 EXPAND ELECTRICAL STORAGE BUILDING $40,000
431.94.46201.86000 DOWNTOWN ELECTRIC UNDER GROUNDING : $16,400
431.94.46202.86000 BURLINGAME ELECTRIC DIST. SYSTEM $1,311,920
431.94.46401.86000 METER REPLACEMENT I $6,460
431.94.46402.86000 MAROON CREEK BRIDGE CONDUIT PROJECT , $161,000
431.94.46403.86000 TRANSFORMER REPLACEMENT $1,250
431.94.46405.86000 SYSTEM TELEMETRY $39,000
431.94.46406.86000 RIDGWAY DAM & HYDRO i $20,000
431.94.46407.86000 CONSERVATION PROGRAM I $59,720
431.94.81040.86000 PUppy SMITH HOUSING I $23,500
I Subtotal, Electric UtHlty:; $549,770
Stormwater ,
441.94.44414.86000 :STORMWATER START.UP CAPITAL $12,910
, $12,910
Reudl Hydro Fund I
444.94.43505.86000 I RUED I SITE IMPROVEMENTS $5,080
Subtotal, Reudl:' $5,080
Transportation Fund I
450.32.32000.83625 Wor1c::s1alion Replacement Carry forward $19,570
450.32.32000.83635 Eq. Mnt & Repair 100% Carry forward $23,560
450.32.32000.83655 PC Replacement Carry forward $21,520
450.32.32100.82140 Burilngame Bus Service Start. Up Advertising I $9,900
450.32.32100.82185 Burlingame Taxi Service $54,000
450.32.32100.82999 Entrance to Aspen Service I $31,000
450.32.32100.83900 Pedestrian Safety Project Improvements , $37,000
450.94.32001.86000 CAR SHARE VEHICLE PURCHASE , $60,000
450.94.83055.86000 RUBEY PARK FACILITY IMPROVEMENTS $30,000
Subtotal, Transportation Fund:: $288,460
City of Aspen I ATTACHMENT 0
2001 Supplemental Bud et
100% Carry forward Appropriation Request
I Subtotal by
Denartment Oescrlotion Amount DeDartment
Truscott Housing
491.01.45044.83625 Workstation Replacement Carry forward $1,260
491,01.45044.83655 : PC Replacement Carry forward: $2,590
, Subtotal, Truscott: $3,850
Marolt ::tea80n81 I
Housing !
492.01.45043.83625 I Workstation Repla"cement Carry forward $1,080
492.01.45043.83655 : PC Replacement Carry forward: $1,850
492.34.45051.86000 ,BOILER REPLACEMENT $98,130
I Subtotal, Marolt Se.sonal Housing:: $101,080
HousIng Authority !
Operations
620.23.45002.83625 I Workstation Replacement Carry forward $2,700
620.23.45002.83655 PC Reolacement Carry fOlWard: $1,330
Subtotal, HousIng Authority:, $4,030
Asset Management
Capital Fund: I
000.11.82060 CITY HALL-FIRST FLOOR RENOVATION $70,220
000.15.82002 i PED SAF.ETY IMPROVEMENTS $134,560
000.41.81047.86000 I RESTORATION OF OLD SHOP $275,250
000.41.81047.86001 'RESTORATION OLD SHOP - POWER PLANT GRANT $141,640
000.41.82003.86000 I STREET IMPROVEMENTS/ALLEY ASPHALT RESTORATION ! $174,390
000.41.83062.86000 lAIR REELS FOR CITY SHOP , $7,690
000.61.61500.86000 : IS-GENERAL FUND SYSTEMS. COUNTY ONLY I (5106,410)
000.61.82057.86000 i IS-GENERAL FUND SYSTEMS I $10,210
000.61.83061.86000 ! FIBER BACK BONE (CITY ONLY) I $3,930
000.71.71005.86000 I MATS FOR GYMNASTICS & CLIMBING PROGRAM $9,SOO
000.71.83065.86000 i RED BRICK WEST E:ND EXPANSION $256,450
000.71.83070.86000 IRED BRICK ENERGY SAVING IMPROVEMENTS $38,870
000.72.72101.86000 IARC OPERATIONAL IMPROVEMENTS $7,940
000.72.72601.86000 'ARC'S CAPITAL IMPROVEMENTS - MASTER PLANNING $20,000
000.72.72606.86000 ARC: Drop Slide Project $30,000
000.72.72609.86000 POOL SPRAY FEATURES , $15,000
000.72.72632.86000 OVER HALL SEWER EJECTOR PUMP 1 $1,000
000.72.72702.86000 L1A REFRIGERATION COMPRESSOR 2 $13,000
000.72.72703.86000 L1A SEPARATE SHOWERS FOR MEN $31,700
000.72.72704.86000 'L1A MONDO RUBBER FLOORING $8,000
000.72.82062.86000 ,REVISED ENERGY EFFICIENCY PROJECT $959,100
000.72.83037.86000 BATTERY PACK - ZAMBONI $8,000
000.74.81021.86000 , COMPRESSOR $18,710
000.90.72601.86000 ; ARC - OUT DOOR SWIMMING POOL $41,000
000.90.72051.86000 ! JENNY ADAIR CONSTRUCTED WETlANDS $482,470
000.90.82076.86000 CITY'S SIDEWALK & TRAIL SYSTEM IMPROVEMENTS $15,000
000.91.55110.86000 RENTAL PROPERTY MAINTENANCE $1,880
000.91.71655.86000 455 RIO GRANDE PL $119,600
000.91.81001.86000 :CITY HALL REPAIRS $58,830
000.91.81005.86000 ICEMETERY LANE HOUSES $25,700
000.91.81006.86000 HVAC SYSTEMS $21,600
000.91.81007.8aOOO CARPETING $95,000
000.91.81023.86000 , LIGHTING $79,200
000.91.81033.86000 I CITY HALLAlC $48,270
000.91.81040.86000 I PUPPY SMITH HOUSING $9,500
000.91.82054.86000 I AMP - AABC Housing $274,670
5uotoUlI, ASset Management ~ap ta :1 $3,401,470
I Total 100 % Carry forward Supplemental Requests: , I $21.788.980
Attachment E
I I
CITY OF ASPEN I I
2007 Interfund Transfer - Updated with Changes for Second Reading
I
Transfer From Fund ! Transfer To Fund Amount of Transfer pu e of Interfund Transfer
000 . Asset Management
VVheeler Ooera House $186,470 1998 Street Improvements 10Yr IF Loan
Wheeler Ooera House $65,000 Red Brick West End Project 10 yr IF Loan
Kids First Fund $181,690 1998 Street Improvements 10 Yr IF Loan
Debt Service Fund ~ Transfer to Debt Service Fund
Subtotal, Transfers From Asset
Management Fund: $839,270
001 - General Fund
AMP Fund $5,180,870. Fund New and Cany FOlWard Capital projects
Water Utilltv Fund $99,35011/3 Global Warming-EH and CWF Projects
Parks and Open Soace Fund: $81,960 Annual Partial Subsidy of Food Tax Refund
Housina Development Fund $1,126,850 Transfer - Zupan cis Property Re-purchase
Transportation Fund $156 000 Operations Subsidy
Subtotal, Transfers from General Fun $8,645,030,
100 - Parks and Open S ace Fund I
!Transfer 10 fund budgeted 340 Capital
Parks and Open Snace Canital Fund $3,582,290; improvement projects.
Debt Service Fund $850,900;Parks 2005 Open Space Bonds
Debt Service Fund $860,690!Parks Portion, 2001 Sales Tax Revenue Bonds
12005 Parks and Open Space Revenue Bonds -
Debt Service Fund $951,160,refundlng 1999 bonds
Overhead Payment. General Government Suppor1
General Fund 5671 980 of Fund Operations
Subtotal, Transfers from Parks and $6,917,0201
Open Space Fund:
120 - Wheeler Opera House Fund ,
Overhead Payment - General Government Suppor
General Fund $239 720 of Fund Operations
Subtotal, Wheeler Opera House: $239,720'
140 - Parking Garage Fund ,
: 2004 Certificate of Participation (Refunded,
I Originally Issued in 1989 to construct Rio Grande
Debt Service Fund $689,500 I Parking Garage
Transportation Fund $183,87010verhead, Admin, and Dial a Ride
General Fund Ill; I Overhead Payment - General Government Supper
154960 of Fund Operations
S'ubtotal, Parklno Garaoe Fund: $1,028,330
150 . Housing Cevelopment Fund
450 Transportation Fund $750,000 Burlingame mitigation
4SO TransDortstion Fund $15,000 i Burlingame car share vehicle
Truscott I Rental Housino Fund $1,341, 190 i Truscott I, 2001 Housing Bonds Subsidy
,This is the second year of a three years transfer
Truscott Landscaninn - 340 funds $50,oooifor landscaping at Truscott
Marolt Ranch Seasonal Housing Fund I Marolt Ranch Seasonal Housing, Subsidy for
$35,000 Budgeted Capital Improvements
Housing Office Onerations Fund APCHA Housing Office, Operations Subsidy (50%
$177,070 of total Subsidy, spilt with Pitkin County
1Il497 360 Overhead Payment - General Government Suppo
General Fund of Fund Operations
Subtotal, Housina Develonment Fund: $2,865,620
151 - Early Childhood Fund
i Kids First Fund $10,0001 Payment to Kids First for Admin. Services
I Kids First Fund 53,650: Payment 10 Kids First for Admin. Services
1 Kids First Fund 512 840! Payment 10 Kids First for Admin. Services
Subtotal,.Earlv Childhood Fund:i 12e,"OT
152 - OilY Cars IKlds First Nellow Brick) Fund I
General Fund $31 ,aoo; Transfer - New Property Manager Position
I Overhead Payment - General Government SuppOr1
General Fund ~63 440; of Fund Operations
Subtotal, Kids First Fund: 1'5,2'OT
340 - ParXs and Open Splice Caoltai Fund I
I General Fund Ovemead Payment - General Govemment SuppOr1
$31,130:of Fund Operations
CITY OF ASPEN
2007 Interfund Transfer - Updated with Changes for Second Reading
I
421 . Water Utility Fund
Return on Invesbnent Payment, General Fund
Sale of Land to Water UtJlity for Operations
General Fund $1,000,000 Facilities
Parks and Onen Space Fund $150,000! Water usage Conservation Programs
: Overhead Payment - General Government Supper
General Fund 5618040 of Fund Operations
Subtotal, Water Utllltv Fund:: $1,788.040
431 - Electric :.Jtlllty Fund I
General Fund $385,840! Franchise Fee Transfer to General Fund
I Overhead Payment - General Government Suppor
General Fund $314,330 of Fund Operatlol'lS
, ! Purchase of Hydroelectric power from City-owned
Reudl Hvdroelectric Fund $41 O,OOO! Generating Facility
i General Fund $84,350,113 Global Warmlng-EH and CWF projects
! Water Utility Fund I 5157210' Electric Utility portion of Utility Billing Services
i Subtotal, Electric Utllitv Fund: I $1,351,7301
444 . Reudl Hydroelectric Fund I i
I General Fl..nd _I Overhead Payment - General Government Suppor
$11,410 ,of Fund Operations
450 . Transportation Fund I !
IGeneral Fund ! Overhead Payment. General Government Suppor
$402,440 of Fund Operations
i Parks and Ooe~ SDace Fund 'Contribution for Mall Rubey Park Mall
5337,1401 Maintenance
Subtotal, Transoortatlon Fund $739,580 '
471 . Golf Course Fund ,
! r 1 Overhead Payment - General Government Suppar
! General Fund Sj 15 72~ I ~ Fund Operations
: Subtotal, Golf Course Fund: ! $115,720
491 . Truscott Rental Housing Fund
, Overhead Payment - General Gcwernment Suppon
General Fund $22,400: of Fund Operations
! Housina Ooerations Fund I Overhead Payment - Housing Operations Support
551780;o1FundOperatlons
Subtotal, Truscott Houslna Fund: I $74,180'
492 - Marolt Ranch Seasonal Housing Fund , I
I I Overhead Payment - General Government Suppo
: General Fund $17,720 'of Fund Operations
! Housino Ooeratlons Fund r lOverhead Payment - HOUSing Operations Support
$26130.ofFund Operations
Subtotal. Marolt Ranch Fund: $43,850;
820. Housing Office Operations Fund I
I General Fund: i overheag~ment . General Gcwernment Suppo
$74,870 of Fund 0 Ions
Smuggler Housing Fund
I General Fund : Overhead Payment - General Government Suppo
$5,670: of Fund Operations
1 Housina Operations Fund 53 510lHousing Overhead
ISubtotal, SmuoolerFund $9,1801
I
501 - Health Care Fund , I
I Health Care Internal Servtce Budaet $2,453,140
!
2007 TOTAL INTERFUND TRANSFERS $25,329,550'
Attachment E
City Of Aspen I Attachment F
2007 Technical Adjustments
DeoartmentlFund Technical Adiustment Descriotion Amount Subtotal bY Deot
.
General Fund
This is a transfer from the General Fund
cash reserve to fund all of the carry
forward projects from 2006 to 2007 and
001.95.00000.95000 new requests in the Asset Manaoement $5,155,590
The Global Warming program is now run
out of the Water Department Fund -
Therefore need to reduce the budget
001.25.25502.*-" authority in 2007 in the General Fund ($233.040)
The Global Warming program is now run
out of the Water Department Fund - This
transfer funds 1/3 of the costs of this
001.95.45300.95421 prooram $77,680
Subtotal, General Fund $5,000,230
Parks Fund # 100
SPARC loan was paid in full in 2006 - this
is a reduction to reflect the loan is paid off
100.95.00000.95363 and no future payments are needed ($616.800)
This is a transfer from the Parks
Operational Cash reserve to fund all of the
carry forward projects and from 2006 to
2007 and new requests in the Parks
100.95.00000.95340 Capital Fund $1,433,830
Subtotal, Parks Fund $817,030
Water Fund # 421
The Global Warming program is now run
out of the Water Department - Therefore
need to appropriate the full cost of this
421 .43.43500.*.... prOQram in 2007 $233,040
Reduction in transfer to pay 1/3 of the
Global Warming expenses - The 1/3
payment will now be paid from the fund
balance every year because the program ($75,000)
421.95.25002.95001 is fullv appropriated in the 2007 budQet
Subtotal, Water Fund. $158,040
Electric Fund # 431 I
Transfer to Water to fully pay for 1/3 of the
431.95.45300.95421 Global Warmina proaram $2,680
Subtotal, Electric Fundi $2,680
Total Technical Adjustment IAII Funds: I $5,977,980 I $5,977,980
City of Aspen I !Attachment G
Changes for Second Reading I
New Requests ! , ,
I Onetime. I ;
Fund t Department ! Ongoing ! Description Amount
General Fund T
Purchase a bin for collection of grass and leaves at the Rio Grande 1 ,
Environmental Health one time Recvcle Center. two vear oav back. see memo for details $7,000!
I Subtotal, EH' $7,000
Com Dev on noinn Plans Examiner - see memo for details $50,640'
on going i Permit Advocate - see memo for details $46,490'
! on going i Office Space. for New Community Development Staff $60,0001
one time 'Computers I Workstations I trainino , $30,000'
; Subtotal, Com Dev I $187,130
, , I
I
Total, General Fund $194,130 $194,130
I Replacement of a Ford Truck. 100% offset with insurance I
Parks Capital Fund ! one time reimbursement - see included request for details $15,6501
--,- ! Subtotal, Parks Caoital Fund , $15,650
Housing Development ! I
Fund ,
one time ! Burlinoame Trail - revised budaet - see included budoet for details $300,0001
! Subtotal, HouslnaFund , $300,000
I I Fully fund the Marolt Ranch boiler project - mechanically refitting in two I
Marolt Ranch I one time I boiler rooms at Marolt Ranch - see memo for details $86,9401
! Subtotal, Marolt Housino Fund ! $86,940
I , I I
T I Total New Requests I $596,720 I $596,720
100% Carry Forward Requests I ,
I Onetime _ : I ,
Fund t Department I Ongoing ! Description , Amount
General Fund I !
I i Hidden Cell in the worksheet double counted the engineering carry
Ennineerinn lone time Iforward calculation ($5,200)
! 1 Subtotal, General Fund , ($5,200)
Wheeler Fund I T I I
T one time 'Puoov Smith Proiect I ($2,000l
I 1 Subtotal, Wheeler Fund I , ($2,000)
Parks Capital Fund I one time I
'punav Smith Prolect ($2,000l '
, 1 Subtotal, Parks Capital Fund ($2,000)
Water Fund lone time Puppy Smith Project ($13,000)
! Global Warming 2006 projects reappropriated in 2007, Money I
! eannarked for creating publiC materials for the Climate Impact
i one time Assessment. Not readv for production in 2006 $10.000
I 1 Global Warming 2006 projects reappropriated in 2007, Audits
1 completed too late for us to implement the improvements in 2006 -
one time i implementing the energy improvements in Cih, Hall $25.000
I I Subtotal, Water Fund I $22,000
,
Electric Fund , ! I I
:- one time i Puaav Smith Proiect ! ($23,500) i
--,- T Subtotal Electric Fund, I ($23,500)
Asset Management Fund ! ! ,
, City Hall First Floor Renovation - to carry forward the approved amount
, one time for this nroiect from 2006 to 2007 $4,780
,
, one time punnv Smith Proiect ($9,500 i
I ! Subtotal Asset Management Fund ($4,720)
I 1 1
! I Total 100% Carry Forward Requests ($15,420) i ($15,420)
City of Aspen 1 1 IAttachment'G
Changes for Second Reading 1
New Requests 1 1 1
Technical Adjustments I
Carry forward savings worksheet was double counting the Risk I
Risk Management one time Management carry forward savings ($8550)1
Recalculated the Police savings due to a late invoice being processed ,
Police one time for 2006 ($1,000)1
Managers Savings one time Changed because of the Police savings recalculation ($200)1
1 Subtotal, Changes to GF CWF Savings I {$9,850
General Fund Transfers I 1
-. . I ,
Transfer to fund Global Wanning carry forward projects in the Water $21,670 I
one time Fund
one time Chance in the Transfer to fund Capital Proiects in the AMP Fund $25.2801
! Subtotal, GF transfers $46,950
I i i
1 I Subtotal General Fund: $37,100 ' $37,100
Parks Operations I 1
Transfers I
,
Change in the Transfer amount to fund Capital Projects in the Parks ($100,000)1
one time Capital Fund
one time I Change in the Transfer amount to fund Capitai Projects in the Parks ($2,000)
,Capital Fund
I Subtotal, Paries Operations I {$102,000
Housing Fund I
,
There was an approved change in the car share vehicle from gas to
hybrid increasing the cost of the vehicle from $15K to $30K - this is the
one time i transfer fundinQ this increased amount - see memo for details $15,000
Subtotal, Housing Fund $15,000
Parks Caoital Fund 1
one time Chance in the 2007 Capital Praiect Comoosition -($525,000
Subtotal, Paries Capital Fund ($525,000)
Electric Fund
1 I Transfer to fund Global Warming carry forward projects in the Water
one time Fund $6.570
Subtotal, Electric Fund ! $6,670
Transportation I I
Department I
I Previously approved car share vehicle for Burlingame Ranch - this
one time . aporooriates these funds - see memo for details $30,000
Subtotal, Transportation Fund , $30,000
Asset Management
1 one time Yellow Brick - Cacital Repairs - to accropriate the approved amount $30,000
! Subtotal, AMP $30,000
I
I Total Technical Adiustments ($508,23OJ '7$508,230
1 I
Total Requests for Second Reading 1 $73,070 1 $73,070
THE CITY OF AsPEN
Back Up Documentation For:
Attachment G
Memos
&
Detail Descriptions for Requests
THE CITY OF ASPEN
Memorandum
To:
From:
Aspen City Council
Paul Menter, Director of Finance and Administrative Services
Date:
Thru:
Cc:
Re:
4/13/2007
Steve Barwick, City Manager
Don Pergande, Budget Officer
Supplemental Request - Additional information requested by Council
The following information is provided by staff in response to Council inquiries regarding specific
supplemental funding requests: Please feel free to contact me with further questions regarding
these requests:
1. Wheeler Opera House: Please explain why a keyless entry system will provide better
security than the current - or a replacement - keyed system.
Answer form Gram Slaton: The Wheeler Opera House has pursued a keyless entry system for several
reasons. In the past, in order to have security control at the stage door, a person had to be hired and
assigned to stay there, sometimes for up to 12 hours. Hence, it's a bad use of human resources. We
have also had several occasions, the latest during the 2007 HBO Comedy Arts Festival, when leaving
the stage door unlocked without an attendant resulted in an undesirable getting into the backstage area
and having to be escorted out.
As regards the three other points of entry that the keyless system will cover, all are used by both
Wheeler staff and visiting artists, and rather than passing out keys which can be lost or not turned
back in, a keypad code can be assigned to appropriate personnel and changed after an event or as
needed by Wheeler staff. This would be very helpful in coordinating situations like arrivals and
departures by high profile celebrities like Harrison Ford and George Carlin. The basement offices
would also have the keyless entry, allowing us to better secure the building when we are on short staff
or during the evening hours when volunteers are arriving.
Here's how it works:
I. Keyless "fobs" will be issued to all employees that are encrypted with a unique code that will
allow us to identify and control individual user's access to the building at all times of the
night and day. Certain of these staff fobs will only allow access to the building during
predetermined periods of time. This will prohibit entry into the building during other than
normal business hours thereby creating an additional layer of internal security that I believe is
both prudent and necessary.
Apri/13, 2007
2. User groups will be issued four or five digit codes that will be inputted into the keypad
portion of the keyless entry system. This will provide these users access to the building
during a predetermined period of time. This will allow us to keep the stage door and freight
elevator readily accessible to our user groups without leaving these access points open to the
general public. This will provide a greater level of security to our back stage areas and our
talent.
3. In the event of an emergency, the building could go into a "Lockdown Mode", which would
prevent any access from the outside. Exit from the building would be unrestricted. In the
event of a frre-type emergency, all exterior doors would be unlocked automatically to provide
unrestricted access for emergency personnel.
4. System interface is provided via a secure encrypted "Browser Type" security platform. This
will allow for remote administration of the system using any Internet connection. This will
allow us to permit access to the building remotely if the need should arise outside of normal
operating hours, i.e., an employee locks their keys inside the building, or the Building
Manager could remotely provide codes for a contractor for emergency services.
5. In the unlikely event of a crime, access information could be audited to aid in a criminal
investigation.
6. Emergency power is provided via emergency generator and a fail-safe battery backup system.
This will ensure that access control is maintained in a power outage type situation. Key type
access will be maintained in the event of a catastrophic failure scenario.
Almost every theatre I know has a keyless entry system for these reasons. Keyless entry completely
secures buildings and eliminates all the problems associated with keys, including having them lost,
forgotten, or too clumsy to use in extreme weather. Changeable codes guarantee that temporary users
have a time-limited access while also enjoying the simplest system for ingress and egress from the
building.
2. Parks and Recreation: Please explain the rationale for the increase in funding related to
insurance costs.
Answer provided bv Paul Menter: Insurance and Worker Compensation constitute core
budget requirements for every department. Because Parks is a labor intensive department
with many employees in positions considered high risk by our Workers Compensation
insurer, Parks costs in this area tend to increase faster than most departments. During 2007
budget development it became clear that these insurance increases reached had level that
required Parks to cut $38,660 from other areas of their operating budget to remain within
their total "bottom line" budget authority. Originally the Parks department thought it would be
able to operate successfully at a slightly reduced funding level for temporary and seasonal
wages, which is where they elected to reduce appropriations. However as operating costs
(materials, labor, utilities, etc) continue to increase; the Department is now requesting this
supplemental to augment its payroll budget for the busy summer season.
3. Ride of the Rockies: Please explain why we are funding costs associated with this outside
special event, what work is staff doing on this event, and how does the event justify their
estimate of $200k in sales tax generation for the City? Have they made similar requests of
other Cities?
2
Apri/13, 2007
Answer from Nancy Leslev: The Ride the Rockies supplemental is a one time request. Ride the
Rockies last came through Aspen 22 years ago and I believe it will be at least that long before they
come through again. Our request has to do with our desire to "put our best foot forward" and create a
favorable impression on the 3,000+ people that travel and participate with Ride the Rockies that
makes ther:J want to come back and visit Aspen for a longer stay. We are not responsible in any way
for the operations of this event, just for their stay while in Aspen (which is less than 24 hours). The
monies that have been requested will be used in a variety of ways; for decorations at the entrance,
temporary labor; tables and chairs for example.
4. Building Department Permit issuance work load..What is the gap between applied for and issued
permits in 2006.
Answer from Stephen Kanioe: Not all permits applied for are issued for several reasons: contractors
or owners change as with the Jerome; projects are cancelled; and many applications are in the queue
at the moment the report is run. The report includes all the permit types we process; building,
mechanical, plumbing and electrical.
5. Zupancis property...Jack wanted additional information regarding the benefits of ComDev's
requested supplemental for historic preservation planning on this property.
Please see attached memorandum from Community Development Director Chris Bendon.
3
MEMORANDUM
TO:
Mayor Helen Klanderud and City Council
COPY:
Paul Menter, Finance Director
FROM:
Chris Bendon, Co=unity Development Director
RE:
510,000 Additional funding for "Zupan cis" Property historic analysis
DATE:
Apri123,2007
The City of Aspen owns the former Zupancis Family property at 540 East Main Street. The
property contains historic resources and is a designated Historic Landmark. The City and the
County are pursuing redevelopment of the site in conjunction with a master planning effort
for the lands between the Zupancis property and Mill Street.
Ron Sladek of T atanka Historical Associates completed a historic analysis of the Zupancis
site in the Spring of 2006. Staff has requested Ron perform a second phase of the analysis
based on various redevelopment scenarios that include the historic buildings either staying in
their exact location, moving slightly within the planning area, or moving to a new site all
together. Ron has also been asked to analyze off-site locations and potential uses of the
structures including passive and active uses.
As part of Ron's analysis, a review of generally accepted preservation principles and
conformance with the City's regulations will be included. This could have been done by City
staff, but the Co=unity Development Director felt it would be best to avoid any appearance
of a conflict of interest (City staff reviewing a City resource on a City property).
Ron's scheduled has slipped and staff now expects his report in mid-May. This level of
additional information will assist the City in weighing various planning scenarios and their
policy implications. The study is not intended to dictate any specific planning outcome for
the Zupancis property.
Ron's original contract included this second phase of analysis. This second phase, however,
was not funded as staff was unsure if it would be necessary. (At the time the contract was
established, the Fire District was still contemplating a move to this property.) Staff believes
this additional analysis will be very beneficial to the master planning effort and staff is
requesting a supplement budget of $10,000 to cover this additional cost. If the funding is not
approved, the contract will be paid out of department savings.
1
.
Parks and Recreation
Department
Memorandum
To: Mayor and Council
From: Karma Borgquist, Parks Department Office Manager
Thru: Stephen Ellsperman, Director of Parks and Open Space
Date: 3/9/07
Re: 2007 Supplemental Request - Insurance Pool
cc: Paul Menter, Finance Director
Steve Barwick, City Manager
SUMMARY: The Parks Department is submitting a request for an increase in operations payroll in the
2007 supplemental budget process for your review. Increases in insurance costs have forced a reduction in
our payroll budget. However, demands for labor-intensive services have not decreased. We are requesting
the amount of increase to be replaced in the payroll budget. If approved, this request would add $38,662 to
the 100 Parks Department Fund on a permanent, ongoing basis. The 100 Parks Department Fund continues
to be very healthy and this request would not create a negative impact financially on the fund balance.
BACKGROU~D: In the past two years, 2005 and 2006, the cost of insurance has outpaced our budget
authority by approximately $32,000 and $39,000 respectively. This is a significant increase that needs to be
planned for in our operations budget. Since this led to a decrease in our payroll budget, we are requesting an
increase in budget authority in the amount of $38,662 to be appropriated into our Temporary Help payroll
budget.
DISCUSSION: Upon approval of this request, the payroll budget will be funded to ensure more accurate
budgeting in the future and our ability to deliver services to the community. If this request is not approved,
our budget for payroll will chronically fall ~hort and have a negative impact on the Parks Department
operations budget. Reductions in supplies and services would be needed to make up for the shortfall and
impact our ability to complete assigned tasks.
FINANCIAL IMPLICATIONS: Approval of this request will result in a permanent increase to the 100
Fund operations budget. The 100 Fund can easily sustain this increase without reducing the budgets in other
areas of the Parks Department operations.
ALTERNATIVES: If this request is not approved, the alternative is to make up the difference from our
operating budgets, which may have an affect on our operational capability in the long term.
TO:
.n)/(' () L-' ,
\ r( - J/~//,,- . I/If/o!
Lee Cassin, Environmental Health Director . ?I'~ '"---I
Sarah Laverty, Environmental Project Coordinator
Paul Menter, Finance Director
THRU:
FROM:
RE:
2007 Supplemental Budget Request
DATE:
March 26, 2007
Summary:
Environmental Health is asking for a one-time supplemental increase to purchase a bin for collection of
grass and leaves at the Rio Grande Recycle Center. In 2006 staff hired a private landscaping company
to collect and haul grass and leaves from the Rio Grande to the Solid Waste Center at a cost of
approximately $4,000. Over the year staff worked with the County Solid Waste (SWC) center and they
are willing to take over the collection and hauling for this program at no cost to the city. What they are
asking for in exchange is for the City to fund a one time purchase of the bin to collect the material in -
roughly $7,000, including shipping. Staff sees this as a valuable use of funds as it will have less than a
two year payback. Additionally, significant staff time will be freed up by having the Solid Waste
Center take over this operation.
SWC staff is also willing to design and procure the bin. SWC staff has much more familiarity with the
operations of such a program, what design specifics are needed, and has prior experience procuring
such bins.
FINANCIAL IMPLICATIONS:
City and SWC staff are still working out the specifics of the bin design, but estimate the bin will cost
roughly $7,000, including shipping. In 2006 Environmental Health paid $3,987 to a local landscaper to
service the grass/leaf drop off. A $7,000 investment in a bin will have less than a 2 year payback.
MEMORANDUM
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bendon, Community Development Director
Stephen Kanipe, Chief Building Officer
FROM: Johanna~ Richards, Executive Assistant
COPY: Paul Menter, Finance Director
RE: Supplemental Request of $ 97,134 for Additional Building Department Staff
DATE: April 11 , 2007
SUMMARY:
An evaluation has been made of the current workload in the Building Department. The
department is currently running in crisis mode and additional steps must be taken to cleanup the
current back log. In order to provide good customer service and adequately review and inspect
construction activity, the Building Department is requesting two additional full time employees. A
plans examiner and a permit advocate. The staff increases and new space requirements can
be paid from revenue increase above the 2007 budget projections. Building Department staff
will attend the April 16th City Council work session to address any questions that Council may
have regarding this request.
For Period of May 1, 2007 through December 31, 2007
I Plans Examiner I Permit Advocate
Wages $ 34,382 $ 30,698
Goals & Outcome Bonus 1,200 1,200
Fitness Wellness 950 950
Insurance Employee + 1 9,596 9.596
FICA 2,264 2,037
Medicare 530 476
Retirement 1,719 1,535
Total $ 50,642 $ 46,492
Total Request I $ 97,134 I
Breakdown of Payroll & Benefits Requested
OUTCOME:
The additional staff will allow the building department to maintain a high level of customer
service that benefits the community. Additional staff will help the department in its effort to
become current on permit applications and submittals. This will also facilitate a reduction of
time associated with plan review processing. The positions will assist the departments' ability
towards the goal of reducing the permit review processing back to 3 weeks for simple project
and 8 weeks for complex. In addition, time can be made available for evaluating and
implementing improvements to the permitting process.
Page 1 of5
BACKGROUND:
The new positions are needed to address the immediate staffing needs for the processing of
permit submittal and plan review. The rate of permit applications are steadily increasing and a
backlog of plans review has seriously strained the department's staff. The effect of the
increased quantity of permits is evident by the slow review process, staff workload and morale.
Our contract plan reviewers have reached workload capacity and are unable to accept
additional plans. This, coupled with the upcoming expiration of the moratorium will create an
inundation of permits being submitted to the department.
Trends show the steady increase in demand for Building Department Services:
i Total Number of Aoolied Permits:
,
I
I 2003 1567
2004 1673
I 2005 1851
2006 2118
1 st Qtr 2007 578
2007 Estimate 2312
Total Number of Issued Permits:
2003 1452
2004 1500
2005 1706
2006 1904
1 st Qtr 2007 416
2007 Estimate" 2081
Applies to Plan Review Applies to Inspections
.. Based on trend that 90% of applied permits get issued
Numbers in Red Represent Permit Activity During Moratorium
Total Number of Applied & Issued Permits
2500
2000
1500
1000
500
0
2003
2004
2005
2006 2007
Estimate
I EI Applied .Issued I
Buildino & Electricallnsnections
1stQtr
2003 2004 2005 2006 2007
Total 1756 3207 3982 4480 1119
Averaoe Per Month 146 267 332 373 373
FTE 1.5 1.5 1.5 2.5 2.5
Inspections Per FTE 98 178 221 149 149
Items in red indicate activity with Moratorium in place
Page 2 of5
Plan Review
1st Qtr
2003 2004 2005 2006 2007
Total 355 500 593 810 116
AveraQe Per Month 30 42 49 68 39
FTE 1 1.3 1.3 2.3 2.3
Plan Review Per FTE I 30 32 38 29 17
Items in red indicate activity with Moratorium in place
Total Valuation of Permits:
2004 $ 200,781.902
2005 243.101 578
2006 423,568,346
1st Qtr 2007 125,288,316
2007 Estimate $ 501.153.264
Total Square FootaQe of Permits:
2004 1.364,846
2005 1.051,092
2006 1,566,694
1st Qtr 2007 528,305
2007 Estimate 2.113,220
Valuation Demonstrates Complexity of Permits
Sq. Footage Demonstrates Volume of Permits
Numbers in Red Represent Permit Activity During Moratorium
Valuation of Permits in Process
$500,000,000
$400,000,000
$300,000,000
$200,000,000
$100,000,000
$-
2004
2005
2006
2007
Estimate
I- Permit Valuation I
Page 3 of5
Numerous large projects are in the pipeline and building permits can be issued at any time.
These projects represent workload that can currently be submitted to the Building Department
and increase workload:
Project Type Submitted for Total Floor
Buildina Permit? Area
Hannah-Dustin Residential/Commercial Addition Residential - Yes
Commercial - No 20,400
Boomerang Lodge Lodge Reconstruction/Addition No 51.000'
Jewish Community Religious Institution Addition No 30.000'
Center
Cortina Affordable Housing Remodel No 1,500'
Stage 3 Commercial & Residential No 26,414
Total 129,314
Other large projects also in the pipeline where building permits can be issued once a
deveiopment order is given and the moratorium is lifted. These projects are:
Project Type Development Stage of Planning Total Floor Area
Order Issued? Review
Wienerstube Commercial & Residential No Council Review 46,562
Jerome Prolessional Commercial & Residential No Council Review 23.957
Bldg.
Lodge at Aspen Mountain Lodging No Council Review 185,000
Recreation lacility & affordable P&Z Conceptual
Smugger Racquet Club housing No Approval/Ready lor 49,394
Council
Cooper Street Commercial & Residential No P&Z Review 9,724
Willoughby Park! Lift 1 Lodging & Historic Museum No P&Z Conceptual 228,000'
Lodge Review
La Comida Commercial & Residential No P&Z Review 16,080
Total 558,500
Page 4 015
FISCAL IMPACT:
Building Department revenues indicate the complexity of the permits submitted and is an
accurate indicator that the work load has increased progressively over the past four years.
H;swric analysis of the department revenue stream for 2005 and 2006 show that the first quarter
of the year produces an average of 17% of the annual revenue received for the year. the
continued increase also illustrates that revenue generated in 2007 will more than compensa,e
the operational expenses associated with the requested positions.
Community Development
Revenue
Actual Budoet Forecast
2005 2006 2007 2007
$2,141,496 $2,680,253 $1,468,800 $3,252,140
660,800 634,136 422,790 679,960
2.802,296 3.314,389 1,891,590 3,932.100
702,729 810,206 854,890 776,564
810.206 1,381,433 1,198,910 1.140,060
1.512,935 2,191.639 2,053,800 1,916,624
$1,289,361 $1,122,750 $(162,210\ $2,015,476
Building
Plannin9
Total
Expenses
Building
Planning
Total
Net
RECOMMENDATION:
Establishment of two permanent full time positions for the Building Department (Plans
Examiner and Permit Advocate). These positions are needed to sustain the operational
and organizational improvements mandated by the City Council and City Administration.
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT 1 - Supplemental Form
Page 5 of5
CITY OF ASPEN
2007 Supplemental Request
Supplemental Request Form
DEPT Name:
Originator:
Parks Department
Stephen Ellsperman
,Ck
4/91071
Oate:
Supplemental Request #1: Fleet
Justification:
in December 2006, a Parks Department Ford truck
CIRSA insurance has reimbursed the department in
one time request to appropriate these funds into the
vehicle. -
Estimated Cost:
80'" Payroll and Benefits
81'" Training, Travel & Education
82'" Professional Fees
340.94.83005.86000 83'" Materials and Supplies
85'" Equipment and Furniture <$5k
8S'" Fixed Asset Expenditures >$5k
TOTAL ESTIMATED COST:
$15,6501
TOTAL OF SUPPLEMENTAL REQUESTS:
Supp073otalled3ruck.xls
Page 1 of 1
Don Pergande
From: Scott Chism
Sent: Monday, April 16, 200711:47 AM
To: Don Pergande
Cc: . Stephen Ellsperman
Subject: Revised project costs: Burlingame Pedestrian Trail
Attachments: 04_16_07compcostest.xls
Don-
This is the revised comprehensive project cost estimatelbudget for the Burlingame Pedestrian Trail. Bottom
line, in order for this project to be built as designed and for the City to meet the obligations to the developers of
the Double Bar/X Ranch, we believe we need an additional $300.000. This number includes a $71k
contingency, which we believe to be generous at this stage of the project development. This should be a 'not to
exceed' comprehensive budget. Obviously we will continually be negotiating potential savings throughout the
project duration, whether they be savings in actual units or savings under some of our budget allowances.
Scott Chism, RLA
Project ManagerlParks Planner
City of Aspen Parks Deparnnent
970-429-2029 ph.
970-920-5128 fx.
4/16/2007
.
BURLINGAME-DOUBLE BAR/X TRAIL
Comprehensive Project Cost Estimate
Construction
Aspen Parks Department
16-Apr-07
EXPENDITURE
TOTAL COST
DESIGN
City Staff Payroll 2007
Engineering Fees: Const. Docs. (2007)
Smvey Fees: Harmony Road (2007)
Geotech Inspection Fees: Walls (2007)
Holy Cross Electric Conduit Cam. Inspect.
Office AdministrationINotices 2007
Subtotal Design Costs
1
1
1
1
1
1
Allow
Allow
Allow
Allow
Allow
Allow
20,000.00
67,480.00
1,200.00
2,000.00
2,000.00
500.00
93,180.00
TRAIL INFRASTRUCTURE-GEN. CONDmONS-Bid by Gould Construction
Clearing and Grubbing 1 Allow
Construction Surveying 1 Allow
Mobilization 1 Allow
Subtotal Common Lump Sum Project Items
12,000.00
19,360.00
39,820.00
71,180.00
TRAIL INFRASTRUCTURE- Bid by Gould Construction (pATHS 0-4)
Unclassified Excavation (CIP) 931 CY 16.00 14,896.00
Embankment Material (CIF) 2,425 CY 20.50 49,712.50
Structure Excavation 709 CY 24.00 17,016.00
Structure Backfill 360 CY 58.00 20,880.00
Topsoil (4" complete in place) 1,090 CY 19.00 20,710.00
Erosion log/bales 12 EA 51.00 612.00
Silt Fence 1,891 LF 3.20 6,051.20
Reset End Section (n/a-new const.) 2 EA 0.00 0.00
Reset Outlet Protection (n/a-new const.) 1 EA 0.00 0.00
Crushed Rock 80 CY 50.00 4,000.00
Aggregate Base Course (class 6) 557 CY 49.80 27,738.60
Bituminous Bikeway (3" depth) 570 TN 147.00 83,790.00
Bituminous Asphalt Patch (3" depth) 1 LS 150.00 150.00
Boulder Retaining Wall 1,678 SF 35.00 58,730.00
Trail Delineators (flexible)(type 1) 8 EA 50.00 400.00
Epoxy Pavement Marking 160 SF 9.00 1,440.00
Concrete Class D (Wall) 158 CY 825.00 130,350.00
Masonry Veneer (concrete wall) 3,900 SF 60.00 234,000.00
Reinforcing Steel (Epoxy coated) 18,952 LB 1.20 22,742.40
15" Corrugated Steel Pipe 21 LF 75.00 1,575.00
18" Corrugated Steel Pipe 24 LF 85.00 2,040.00
Fence (Temporary) 2,131 LF 11.00 23,441.00
Subtotal Path 1-4 Section 720,274.70
Total Gould Constuction, Inc. Contract Work Scope 791,454.70
CONSTRUCTION COST SUMMARY-HARMONY ROAD CROSSING (pATH 0)
Fence (Special-72" temp. chain link) 337 LF 20.00 6,740.00
Fence Wood (48") 490 LF 11.50 5,635.00
Fence Wire (42") 900 LF 7.58 6,822.00
Concrete Curb Ramp 23 SY 105.00 2,415.00
Concrete Bikeway (6" colored) 1,108 SF 8.50 9,418.00
Concrete Curb/Gutter Type 2 18 LF 20.00 360.00
Removal of Concrete Sidewalk 140 SY 10.00 1,400.00
Removal of Concrete Curb/Gutter 18 LF 11.00 198.00
Removal of Asphalt Material 141 SY 20.00 2.82000
Total Harmony Road Crossing Path 0 Section 35,808.00
LANDSCAPE COST SUMMARY- (pATH 0)
lrrigation System-Path 0 1 Allow 10.000.00
Path 0 Large Deciduous Trees-2.5" cal. 15 EA 450.00 6,750.00
Path 0 Coniferous Trees-6' height 7 EA 350.00 2,450.00
Path 0 Deciduous Sh."ubs-5 gal. 50 EA 40.00 2,000.00
Path 0 Seeding (N atiye, Hydromulch, Strav 9,200 SF 0.13 1.196.00
Total Landscape Costs Path 0 22,396.00
IRRIGATION COST SliMMARY- (pATHS 1-4)
Irrigation System-Paths 1-4 1 Allow 95,659.78
per 3-07-07 plans
T otallrrigation Costs Paths 1-4 95,659.78
LANDSCAPE COST SUMMARY- (pATH 1)
Path 1 Deciduous Aspen Trees # 10 22 EA 150.00 3,300.00
Path 1 Deciduous Aspen Trees-2.5" cal. 56 EA 450.00 25,200.00
Path I Deciduous Aspen Trees-3"-4" cal. 22 EA 525.00 11,550.00
Path 1 CO Spruce Trees-9'-1 0' height 6 EA 825.00 4,950.00
Path 1 CO Spruce Trees-I 1'-12' height 7 EA 1,200.00 8,400.00
Path I CO Spruce Trees-13'-14' height 7 EA 1,500.00 10,500.00
Path 1 CO Spruce Trees-15'-16' height 8 EA 2,400.00 19,200.00
Path 1 CO Spruce Trees-IT-18' height 3 EA 3,500.00 10,500.00
Soil Prep Perennial Beds 1 LS 12,500.00 12,500.00
Fine Grade for Seeding 25,460 SF 0.26 6,620.00
Irrig. Grass/Sage seed mix 0 SF 0.13 0.00
NonIrrig. Grass/3-Sage seed mix 0 SF 0.11 0.00
lrrig. Low Grow seed mix 8,900 SF 0.11 979.00
Low Grow seed mix w/wildflower 16,560 SF 0.25 4,140.00
Low Grow seed mix w/taller grasses 0 SF 0.11 0.00
Mulch 85 YD 80.00 6,800.00
Deer Protection Fence 166 LF 28.00 4,648.00
Perennials 700 EA 25.00 17,500.00
Crane Time 20 HR 265.00 5,300.00
Freight 1 LS 6,000.00 6,000~00
Holding Nursery Setup 1 LS 2,500.00 2,500.00
Coordination
Total Landscape Costs Path 1
1
LS
LA."IDSCAPE COST SUMMARY- (pATHS 2-4)
Path 2-4 Deciduous Trees-3"-4" cat. 20 EA
Path 2-4 Deciduous Trees-2.5" caL 11 EA
Path 2-4 Deciduous Trees-#10 11 EA
Path 2-4 Deciduous Aspen Trees #10 15 EA
Path 2-4 Deciduous Aspen Trees-2.5" caL 18 EA
Path 2-4 Deciduous Aspen Trees-3"-4" cal. 15 EA
Path 2-4 Large Deciduous Shrubs-5'-6" BB 42 EA
Path 2-4 Deciduous Shrubs-5 gaL 381 EA
Path 2-4 CO Spruce Trees-11'-12' height 2 EA
Path 2-4 CO Spruce Trees-13'-14' height 3 EA
Path 2-4 CO Spruce Trees-15'-16' height 2 EA
Path 2-4 Pond. Pine Trees-12'-14' height 6 EA
Path 2-4 Pond. Pine Trees-14'-16' height 4 EA
Path 2-4 Pond. Pine Trees-16'-18' height 8 EA
Path 2-4 Pond. Pine Trees-18'-20' height 10 EA
Fine Grade for Seeding 135,460 SF
Irrig. Grass/Sage seed mix 47,310 SF
NonIrrig. Grass/3-Sage seed mix 10,100 SF
Irrig. Low Grow seed mix 39,300 SF
Low Grow seed mix w/wildflower 21,600 SF
Low Grow seed mix w/taller grasses 17,150 SF
Mulch 65 YD
Deer Protection Fence 132 LF
Crane Time 20 HR
Freight 1 LS
Holding Nursery Setup 1 LS
Coordination 1 LS
Total Landscape Costs Paths 2-4
LANDSCAPE COST SUMMARY- (Maroon Creek Club)
Deciduous Trees-3"-4" cal. 5 EA
Deciduous Aspen Trees-2.5" caL 9 EA
Deciduous Aspen Trees-3"-4" caL 5 EA
Large Deciduous Shrubs-5'-6" BB 12 EA
Deciduous Shrubs-5 gal. 18 EA
Pinon Pine Trees-6'-8' height 7 EA
Fine Gradefor Seeding 10,150 SF
4th Tee Turf Restoration 1 LS
Low Grow seed mix w/wildflower 10,150 SF
Mulch 26 YD
Total Landscape Costs Maroon Creek Club
5,750.00
5,750.00
166,337.00
525.00
350.00
150.00
150.00
450.00
525.00
180.00
45.00
1,200.00
1,500.00
2,400.00
900.00
1,350.00
2,250.00
2,850.00
0.26
0.13
0.11
0.11
0.25
0.11
80.00
28.00
265.00
6,000.00
2,500.00
9,250.00
10,500.00
3,850.00
1,650.00
2,250.00
8,100.00
7,875.00
7,560.00
17,145.00
2,400.00
4,500.00
4,800.00
5,400.00
5,400.00
18,000.00
28,500.00
35,220.00
6,150.00
1,111.00
4,323.00
5,400.00
1,886.50
5,200.00
3,696.00
5,300.00
6,000.00
2,500.00
9,250.00
213,966.50
525.00
450.00
525.00
180.00
45.00
500.00
0.26
4,000.00
0.25
80.00
2,625.00
4,050.00
2,625.00
2,160.00
810.00
3,500.00
2,639.00
4,000.00
2,537.50
2,080.00
27,026.50
ROADiTRAIL SIG:-iS
Sign Panel (class 1)
Sign Post (timber 4"x-l")
Sign Panel (class 1)
Sign Post (timber 4"x-l")
Sign aesthetic treatments
Total Road/Trail Sign Costs Paths 1-4
Subtotal Design Costs
Subtotal Construction Estimate
Construction Contingency
Revised Budget Supplement 4/16/07
42 SF
132 LF
21 SF
66 LF
1 Allow
20.00
15.00
20.00
15.00
5,000.00
840.00
1,980.00
420.00
990.00
5,000.00
9,230.00
93,180.00
1,361,878.48
5.25%
71,498.62
-300,109.10
Complete Project Cost, Burlingame Double Bar/X Trail
1,526,557.10
IPROJECT FliND SOURCES
Housing Development Fund
Housing Fund Budget Supplemental
I Grand Total Burlingame Trail Development Budget
AMOUNT I
1,226,448.00
300,000.00
1,526,448.001
MEMORANDUM
TO: Mayor and Council
FROM: John D. Krueger, Director of Transportation
THRU: Randy Ready, Assistant City Manager
DATE OF MEMO: April 4, 2007
MEETING DATE: April 23, 2007
RE: Transportation Department - 2007 Technical Supplemental Budget
Request - 2006 Department Carry Forwards
The Transportation Department is requesting the following Technical Supplemental
Budget Request in the form of2006 budget carry forwards in the amount of$30,000.
This supplemental budget request is for the third car share vehicle for the Burlingame
Housing Development. It was previously approved and appropriated as part of the
Burlingame Transportation Plan and Transportation Department Budget by Council in
2006. It was however, not accurately reflected in the 2006 Budget, and now needs to be
carried forward to the 2007 budget as a supplemental request.
The revenue for this vehicle was approved and appropriated by Council in 2006 as a
transfer in to the 450 Transportation Fund from the 150 Housing Development Fund.
This Technical Supplemental Budget Request if approved will enable the Transportation
Fund 450 to accurately reflect its planned expenditures and will show the funds in place
for the purchase of the third car share vehicle for the Burlingame Housing development.
CITY OF ASPEN
will not accept without line items associated with the request
Supplemental Request Form
DE?T Name:
Originator:
Housing Department
John Mickles
';':12007!
Date:
Supplemental Reqwest #~ Marolt Ranch boiler project
Justificsticn"
Trois request is needed to fully fund the mechanical refitting in two boiler rooms at Mar~it
Ranch employee housing project. The initial budget projections for this project wer~ ':Jased
en estj~ates from 2005. The project was put out for bid in February of 2007, the ::C5t of ~r,e
prcject nas changed dramatically. The funds will come from the Marolt Ranch capital
resel"Jes (fund 492).
I='c:!;mat..,.. r"'."'s' ~
Eden line Item # here 80"""" Payroll and Benefits $0
Eden line Item # here 81........ Training, Travel & Education 0
Eden line Item # here 82- Professional Fees G
Eden line Item # here 83- Materials and Supplies 0
Eden line Item # here 8S~- Equipment and Furniture <$5k C
Eden line Item # here 86-" Fixed Asset Expenditures >$5k 86 935
Eden line Item # here TOTAL ESTIMATED COST: $86,935
;Supplemental Request #2 Enter name of new request here
Justification:
Describe the need and justification for the new request here. The text will wrap to allow you
to enter up to four lines of justification for this request.
Fo'lm"erl r.nsl: MloJml
Enter Eden line Item # here 80- Payroll and Benefits $0
Enter Eden line Item # here 81- Training, Travel & Education 0
Enter Eden line Item # here 82- Professional Fees 0
Enter Eden line Item # here 83- Materials and Supplies 0
Enter Eden line Item # here 85- Equipment and Fumiture <$5k 0
Enter Eden line Item # here 8S- Fixed Asset Expenditures >$Sk Q
Enter Eden Uneltem # here TOTAL ESTIMATED COST: $0
Supplemental Request #3 Enter name of new request here
Justification:
Describe the need and justification for the new request here. The text will wrap to allow you
to enter up to feur lines of justification fer this request.
Estlma!ed Co,1: ~
Enter Eden line Item # here 80-- Payroll and Benefits $0
Enter Eden line Item # here 81-. Training, Travel & Education 0
Enter Eden line Item # here 82- Professional Fees 0
Enter Eden line Item # here 83**'" Materials and Supplies 0
Enter Eden line Item # here 85-- Equipment and Fumiture <$5k 0
Enter Eden line Item # here 8S- Fixed Asset Expenditures >$5k Q
Enter Eden line Item # here TOTAL ESTIMATED COST: $0
Supplemental Request #4 Enter name of new request here
Jl.:stification:
Describe the need and justification for the new request here. The text will wrap to allow you
to enter up to four lines of justification for this request.
Fotim'!M r.n<" Amount
Enter Eden line Item # here 80-. Payroll and Benefits $0
Enter Eden line Item # here 81-. Training, Travel & Education 0
Enter Eden line Item # here 82.- Professional Fees 0
Enter Eden line Item # here 83...... Materials and Supplies 0
Enter Eden line Item # here 85..... Equipment and Fumiture <$5k 0
Enter Eden line Item # here 8S- Fixed Asset Expenditures >$5k Q
Enter Eden line Item # here TOTAL ESTIMATED COST: $0
TorAL OF ~UPPLEMENTAL REQUESTS:
$86,9351
C:\Oocuments and Settings\donp\Local Settings\Temporary Intemel Files\OLKT7\supplementalforboilers07
v, P '19
MEMORANDUM
TO:
Mayor and Council
FROM:
John Mickles, Marolt Ranch Manager
TIlRU:
Tom McCabe, Housing Department Director
DATE OF MEMO: 4 April 2007
MEETING DATE: 9 April 2007
RE: Request City Council approval for expenditure from the Marolt Ranch Capital
Reserve fund to for the replacement of the #200 and #300 building boiler rooms at Marolt
Ranch employee housing.
SUMMARY: The Marolt Ranch seasonal housing complex was built in 1989 and was occupied
in the fall of 1990. The existing boilers have been in continuous service since that time. During
this period of time the boilers have performed adequately with very few systematic problems.
However, with the rising cost of natural gas it is very desirable to reduce the operating costs with
new higher efficiency boilers and electronic controls. The housing office is requesting that City
Council approve the contractual bid submitted by Climate Control Company to replace the
existing mechanical and control components in the #200 and #300 building boiler rooms.
PREVIOUS COUNCIL ACTION: In 2005 City Council approved the expenditure of$110,000
from the Marolt Ranch capital reserve account for the removal and replacement of two boiler
rooms. The work was not completed in 2005 and the funds were carried over into 2006. The
#800 building boilerroom was refitted in September of 2006 at a cost of $74,057.40. The
current bid for each boiler room is $86,345.00 and bonding costs will be $12,375.00. The total
cost of two boiler room projects is $185 065.00. Funding for this project will come from a
carryover from previous years and the remainder will be funded from capital reserve funds.
BACKGROUND: The original installed boilers are approximately 81 % efficient, atmospheric
type boilers. Taking into account the boiler efficiency de-rates necessary for Aspen's high
altitude, the boilers are probably operating near 50% efficiency. At today's gas utility rates this is
a less than desirable efficiency. The new high efficiency, fan-powered or fan-assisted boilers can
increase the operation efficiency up to 70-75%. This could result in significant utility savings of
approximately $15,000-$20,000 per year. The domestic hot water system will also be revised to a
more efficient instantaneous type.
P20
DISCUSSIO~: Although the boiler system has performed adequately for the last 16 years, the
effects o;';J:::e Aspen area's hard water are defInitely evident in the boiler rooms. Many ofllJe
pipes ?Sa l=wups are showing calcified damage from water deposits. Additionally, the current
h,)t w~ter storage tanks are at the end of their useful life. The chief concern has been that the
Dottoms wi] fall out of the tanks and we would lose heat and hot water during the winter season.
The bc,iler rJom refItting was designed by M-E Engineers of Avon, Colorado. This project was
;JU! ::1!ough the "Invitation to Bid" process, and Climate Control Company of Glenwood Springs,
CO w').; awarded the bid.
FL'iA...'iCIAL IMPLICATIONS: The total estimated cost of the project is $185,065.00. We
intend to do two boiler rooms during this spring shoulder season and continue with the refit of
the four-ill and final boiler room in fiscal 2008. The funding for this project is included in the
current budget year. This project will reduce the amount of natural gas needed to heat and
produce domestic hot water at the Marolt Ranch housing complex. Initial estimates are in the
range of a $15,000-$20,000 in annual utility savings.
RECOMMENDATION: We recommend City Council approve the contractual bid as submitted
by Climate Control Company to replace the existing boiler rooms in both the #200 and #300
buildings at the Marolt Ranch employee housing.
AL TERNA TIVES: If Council does not want to approve the staff reco=endation at this time,
the project will have to be postponed until the fall of2007. A project of this magnitude needs to
be completed in the shoulder seasons in order to have as little impact on both seasonal employee
housing needs and the needs of the Music Associates of Aspen student housing.
PROPOSED MOTION: "I move to approve resolution # 7<B. 2007"
CITY MANAGER COMMENTS:
_.-
MEMORANDUM
VI'l d
TO:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director ~
Jessica Garrow, PlannerJ ~ q
307 S. Spring Street Subdivision, Growth Management Review - Second Reading
of Ordinance No. 49, Series of 2006
THRU:
FROM:
RE:
DATE:
2007)
April 23, 2007 (Continued from January 26, 2007, February 12,2007, February 26,
ApPLICANT /OWNER:
633 Spring II, LLC
REPRESENTATIVE:
Stan Clauson Associates, Inc
LOCATION:
307 S. Spring Street (Wienerstube Property)
CURRENT ZONING:
C-l (Commercial) Zone District
Photo: Existing Wienerstube Restaurant and
neighboring parking lot.
SUMMARY:
The Application for Multi-Year Growth
Management allotments is being withdrawn.
The Applicant has amended their application
to request 2007 Growth Management
Allotments and no longer needs Multi-Year
allotments. This Amendment sends the
Application back to the Planning and Zoning
Commission for Growth Management
Review. Should the Applicant receive the
requested 2007 Growth Management
Allotments, the project will return to City
Council for Subdivision Review.
ApPLICATION UPDATE:
At the February 26, 2007 City Council hearing, the Wienerstube development proposal received
a vote of two (2) in favor and one (1) against. On February 27, 2007, at the continued City
Council meeting, a motion to reconsider the application was made, resurrecting the project.
Since that time, the Applicant has decided to amend their application to request 2007 Growth
Management Allotments separately from the previously requested and granted, 2006 Growth
Management Allotments. Amending the project in this manner does not constitute a new land
use application.
The amendment withdraws the request for "Exceptional Project" review and requests that five
(5) free-market growth management allotments be requested from the 2007 Growth Management
Year. Based on the amendment to the Application, the Wienerstube project is no longer eligible
for City Council review at this time, as it must receive the requested 2007 Growth Management
Allotments from the Planning and Zoning Commission. Should the project receive these
allotments from the Planning and Zoning Commission, the project will return to City Council for
a Subdivision Review.
CITY MANAGERCOMMENTS:
Attachments:
EXHIBIT A - Applicant request for an Amendment dated April 11 , 2007
Wienerstube Redevelopment Subdivision and
Growth Management Review Staff Memo
Page 2 of2
11 April 2007
STAN CLAUSON ASSOCIATES, INC
Planning. Urban Design
Landscape Architecture
Transportation Studies
Project Management
Ms. Jessica Garrow, Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 970.925.2323
FAX: 970.920.1628
E-MAIL: info@scaplanning.com
WEB: www.scaplanning_com
Re: ADDENDUM ill 307 South Spring Street Application
Dear Jessica:
On behalf of 633 Spring II, LLC, we are formally requesting an amendment to the land
use application dated 24 April 2006 for 307 South Spring Street. We are requesting the
following changes to the application:
1. Renewal of our application to permit a request for five (5) free-market residential
allotments from the 2007 growth management year;
2. Withdrawal of the initial request for "Exceptional Project" status to enable the
application to obtain free-market residential allotments from future years.
We are requesting that this application be renewed. Per the code interpretation provided
on 9 Apri12007, the request for renewal of our application does not constitute a new or
"resubmitted" land use application because the request is coming as part of an open
application in the 2007 growth management year. We originally submitted the
application in April 2006, and the review of the application has continued into 2007. The
review has spanned two (2) different growth management years which allows this
application to be renewed without being considered as a new land use application.
Upon renewal of this application, we would like to request five (5) free market residential
allotments from the current growth management year. In 2006, we submitted an
application requesting six free market residential allotments as part of a multi-year
development allotment growth management review. Our application requested and
received one (1) allotment from the 2006 free-market residential growth management
allotments. The criteria for the multi-year development allotment request were addressed
in our original application submitted in April 2006, and the responses are still valid in
supporting our proposed project.
Additionally, we would like to withdraw our request that the project be considered as an
"exceptional project." This portion of the application is no longer required, as it is
possible to request the remaining five (5) free-market allotments required for the project
in this 2007 growth management year. However, removing this request for "exceptional
project" designation does not in any way affect the characteristics or nature of the project.
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
Jessica Garrow, Aspen Community Development Department
11 April 2007
Page 2
Representations such as those regarding the amount of affordable housing, energy
efficiency of the building, quality of architecture, and the contribution of the project to
the sustainability of the local economy, all remain in effect.
There are sufficient number of allotments allocated to the CC and C-l Zone Districts to
meet our request for five (5) free-market residential allotments. The proposed project
will still consist of 46,562 s. f in floor area, including commercial/office, affordable
housing, and free market, residential. The mixed use building will also retain the popular
Wienerstube Restaurant with an additional 19,722 s. f in new net leasable square feet of
ground floor commercial and second floor office space. Similarly, the proposed twelve
(12) units of affordable housing units and six (6) free-market units remain the same as
specified in our original application.
It is our understanding that this application as renewed would now be referred to the
Planning & Zoning Commission for their review and allocation of the requested five (5)
free-market development allotments. Following that, the application would go to City
Council for subdivision approval relating to condominium development.
We continue to believe that this proposed mixed-use building will prove to be an
invaluable asset to the community, as it provides a substantial amount of affordable
housing, retain a locals' favorite restaurant, and invigorates an area immediately adjacent
to the commercial core. Please do not hesitate to contact me if you require additional
information to facilitate scheduling of these requests.
Very truly yours,
-----
Stan Claus AICP, ASLA
STAN CLAUSON ASSOCIATES, INC
Cc: 633 Spring II, LLC
MEMORANDUM
VU's .j
TO: Mayor Klanderud and City Council
FROM: Ben Gagnon, Special Projects Planner
THROUGH: Chris Bendon, Community Development Director
RE: Summary of Proposed Ordinances
DATE: April 23, 2007
SUMMARY:
This memo is intended to provide a broad overview of potential Land Use Code
Amendments that are now being considered, in response to the moratorium adopted in
April 2006. The ordinances in this packet were prepared after extensive consultation with
the Planning and Zoning Commission and City Council, as well as expertise from staff
and our consulting team.
CODE AMENDMENT STANDARDS:
Some of the Standards of Review [Chapter 26.310.040 (A-I)] for amendments to the
Land Use Code were established to ensure that code amendments do not adversely affect
the natural environment, road safety, traffic generation, public utilities, schools, medical
facilities and other public facilities. In this case, the proposed code amendments have
little or no impact on this list of public concerns.
The code amendments now before City Council are focused heavily around issues of
growth, design, historic preservation - and the community benefits derived from the
development review process. In this case, perhaps the most relevant Standards of Review
are the most discretionary: Are the code changes consistent with the Aspen Area
Community Plan, and are they compatible with the community character in the City of
Aspen?
2000 ASPEN AREA COMMUNITY PLAN
Staff has excerpted portions of the 2000 Aspen Area Community Plan that appear to have
the closest bearing on the extensive discussions held during the past year. It is instructive
that the issues identified in the seven-year-old AACP are still directly relevant to the
issues that have been debated and discussed so thoroughly during the past year.
2000 ASDen Area Community Plan: ExcerDts
-
Section Excerpt
Historic We must continue to build on what we have by authentically
Preservation: preserving historic structures and creating thoughtful new buildings
Philosophy that encourage and shape that feeling of historical continuity ... It's
possible to let history inform all levels of development through
. . sensitivity to scale.
Historic A. Create a more vibrant town with appropriate mixed uses and a
Preserva.tion: variety of building sizes. Allow historic patterns to inform new
Goals. development throughout town.
... Aspen is a living, working resort town, not a themed tourist
environment. The streetscape of Aspen is about freedom and
Design diversity as well as historical continuity.
Quality: We favor diversity tempered by context, sometimes historical,
Philosophy sometimes not, as opposed to arbitrariness. "Context" refers first to
region, then town, neighborhood, and finally the natural and
manmade features adjoining a particular development site.
Decisions regarding scale, massing, form, materials, texture, and
1../. ..... color must be first measured bv context.
Design C. Develop a big picture view and a "pattern language" for Aspen.
Quality: Tools should be developed to help achieve our design quality goals
Goals that are simple, clear, and well coordinated.
Growth More than 2,000 years ago Plato compared a community to an
Management: individual with the need to keep various functions balanced. Today,
I PhiIosop~y the same wisdom applies to our community. Growth within a
community needs to be like that of an individual with the need to
keep various functions balanced. Too much too fast can bring
. indigestion.
Housing: Our housing policy should bolster our economic and social
Philosophy diversity, reinforce variety, and enhance our sense of community
by integrating affordable housing into the fabric of our town.
A NEW LAND USE CODE: INCORPORATING OLD & NEW:
As City Council and the public review the proposed code amendments, it will be
important to recognize and understand how new elements of the code will work together
with the existing code. To provide just one example: New Commercial Design Standards
and lowered FAR are intended to work hand-in-hand with existing Historic Preservation
Guidelines and existing View Plane Review to ensure a variety of mass, scale and heights
across the downtown. Staff and the consulting team will endeavor to illustrate how new
code language works with existing code language to reach stated goals.
DOCUMENT ORGANIZATION:
The Moratorium Ordinances follow this cover memo. Each Ordinance includes an
individual memo detailing the main objectives of the Ordinance, as well as highlights
form the proposed changes. These Ordinances are in numerical order, as follows:
Ordinance 9 - Multi-Family Residential Zone Districts (MFIR, MFAIR)
Ordinance 10 - Lodging Zone Districts (L, CL, LO, LP)
Ordinance 11 - Commercial Zone Districts (CC, C-l, MU, NC, SCI)
Ordinance 12 - Miscellaneous Code Amendments
Ordinance 13 - Commercial Design Objectives and Guidelines
Ordinance 14 - Growth Management Quota System Amendments
EXHIBITS:
Exhibit A: AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRlCT MAp
Chapter 26.310.040 (A-I) Standards of Review
Exhibit B: HVS EXECUTIVE SUMMARY
Exhibit c: SUPPLEMENTAL HVS REpORT
.
Exhibit A
Code Amendment Standards
AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAp
Chapter 26.310.040 (A-I) Standards of Review.
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
B. Whether the proposed amendment is consistent with all elements ofthe Aspen Area
Community Plan.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
D. The effect of the proposed amendment on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical
facilities.
F. Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
VIIIe
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
FROM:
Chris Bendon, Community Development Director
Jennifer Phelan, Senior Long Range Planner
RE:
Land Use Code Amendments - Public Hearing
Multi-Family Zones - Ordinance No.9, Series 2007
MEETING
DATE:
April 23, 2007.
SUMMARY:
This proposed Ordinance amends the City's two Multi-Family Zone Districts. These two
districts historically have been and are proposed to continue to be identical text. The
changes implement a lower FAR for single-family and duplex development upon
redevelopment. For example: an existing house in this zone district would have a 100%
FAR schedule (based on the R6 Zone District). An owner could remodel or add-on to
this house and maintain the full FAR potential. Ifthe house were demolished (according
to the City's technical definition), the FAR potential would only be 80% of the FAR
schedule.
The changes also implement a maximum unit size for multi-family units. This maximum
varies by location in town and can be increased by extinguishing a Historic Transferable
Development Right (TDR). A unit within the "lnfill Area" (Mountain to rivers) would be
limited to 2,000 square feet, increasable to 2,500. Units not in the Infill Area (across the
river) would be limited to 2,500 square feet, increasable to 3,000. A TDR is a square
footage development right removed from a historic landmark as a separate piece of
development right. TORs are transferred on the private market as any other real estate
commodity. Pitkin County has a TDR program, but only City TDRs are valid within the
City.
Staff recommends City Council consider the proposed Ordinance in relation to the other
proposed amendments, conduct the public hearing, gain clarity on the proposal, and
direct staff accordingly. Staff believes the RMF ordinance is ready for adoption and is
recommending approval. In the alternative, the item can be continued to April 24th for
further discussion.
DETAIL OF AMENDMENTS:
These sections implement a lower FAR for single-family development upon
demolition and replacement. The full FAR schedule is only be maintained for
RMF Zoning - Ordinance No.9, 2007 - April 23'd
Page 1
existing structures that are not demolished. The proposed changes are the same in
both RMF and RMF A.
m'...
..J......
','"",--- ,',
6',",.,
hT"ffl:<';
This section implements a 2,000 square foot unit size cap with an ability to raise
the cap to 2,500 through use of a TDR. Outside of the Infill Area, this limit is
proposed at 2,500 square feet increasable to 3,000. The "Infill Area" is the area
from the Mountain to the rivers.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"1 move to approve Ordinance No.9, Series of2007."
ALTERNATE MOTION:
"I move to continue Ordinance No.9, Series of2007, to April 24, 2007."
RMF Zoning - Ordinance No.9, 2007 - April 23'd
Page 2
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ORDINANCE No.9
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS
OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN
MUNICIPAL CODE: 26.710.090 - RESIDENTIAL MUL TI-F AMIL Y (RMF) ZONE
DISTRICT; AND,26.7I0.I00-RESIDENTlAL/MULTI-FAMILY A (RMFA) ZONE
DISTRICT.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of the
Community Development Department to propose amendments to the Land Use Code related to
multi-family development, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to the following Chapters and Sections of
the Land Use Code, Title 26 ofthe Aspen Municipal Code: .
26.710.090 - Residential Multi-Family (RMF) Zone District
26.710.100 - Residential Multi-Family (RMF A) Zone District; and,
WHEREAS, pursuant to Section 26.3]0, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning Commis-
sion at a public hearing. Final action shall be by City Council after reviewing and considering
these recommendations; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the continued
economic success and aesthetic attractiveness of multi-family residential buildings and districts;
and,
WHEREAS, in order to encourage a continued social vitality of multi-family residential
areas and a long-term sustainability of the local economy certain development incentives are
available for free-market residential development upon provision of additional affordable housing
development; and,
WHEREAS, as an additional means of encouraging a social liveliness and high year-
round occupancies, a maximum residential unit size has been implemented; and,
WHEREAS, the Community Development Director recommended approval of the pro-
posed amendments, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community
Plan, which in part calls for:
. The focusing of growth towards already developed areas and away from undeveloped areas sur-
rounding the city by intensification ofland uses within the downtown.
. The retention of existing residential occupied residential units.
. The rejuvenation of aging residential properties.
. The preservation of historic resources through the transfer of development rights.
Ordinance No.9, Series of2007.
April 23"
Page 1
.
The development of multi-family projects with housing opportunities for locals.
The development of affordable housing in locations supported by the "Interim Aspen Area Hous-
ing Plan Guidelines" (incorporated as part of the 2000 AACP).
An emphasis on the quality of development as opposed to just the quantity of development.
A balance between the community and the resort aspects of Aspen.
The long-term sustainability of the local social and economic conditions of Aspen.
.
.
.
.
; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text being removed is red and strikethrough. ~b"ins removed 10(11;:; lil;e lhi:;.
Text being added is red and underline. Te_~t being addccJ looks like tilL"
Text which is not highlighted is not affected; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to consider
the proposed amendments to the above noted Chapters and Sections on March 27, 2007, and April
2,2007, took and considered public testimony and the recommendation ofthe Community Devel-
opment Director and recommended, by a _ to _ L -.J vote, City Council adopt the proposed
amendments to the land use code by amending the text ofthe above noted Chapters and Sections
of the Land Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the recommended changes to
the Land Use Code under the applicable provisions of the Municipal Code identified herein, has
reviewed and considered the recommendation of the Community Development Director, the Planning
and Zoning Commission, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use Code
meet or exceed all applicable standards and that the approval ofthe proposal is consistent with the goals
and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO as follows:
Section 1:
Section 26.710.090 - Residential Multi-Family (RMF) Zone District, which section regulates development
within the Residential Multi-Family Zone District, shall read as follows::
26.710.090 Residential Multi-Family (RIMF).
A. Purpose. The purpose ofthe Residential Multi-Family (RMF) zone district is to provide for the
use of land for intensive long-term residential purposes, with customary accessory uses. Recreational
and institutional uses customarily found in proximity to residential uses are included as conditional
uses. Lands in the Residential Multi-Family (kMF) zone district are typically those found in the As-
Ordinance No.9, Series of2007.
April 9th Draft
Page 2
pen Infill Area, within walking distance of the center ofthe City, or lands on transit routes, and other
lands with existing concentrations of attached residential dwellings and mixed attached and detached
residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residentia1!Multi-Family
(R-'MF) zone district:
1. Detached residential dwelling.
2. Two detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520.
9. For historic landmark properties: ;;hed and !jhreakfask+tOOjf(titf,~itl!,++<+ttSe.
C. Conditional uses. The following uses are permitted as conditional uses in the Residential
iMulti-Family (RiMF) zone district, subject to the standards and procedures established in Chapter
26.425:
1. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Recreational Uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all permit-
ted and conditional uses in the Residential !Multi-Family (R-'MF) zone district:
1. Minimum lot size (square feet): Six thousand (6,000). For lots created by Section 26.480.030
A.4., Historic Landmark Lot Split: Three thousand (3,000)
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000.
c. Multi-family dwellings: No requirement.
d. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Sixty (60). For lots created by Section 26.480.030 AA., Historic
Landmark Lot Split: Thirty (30).
4. Minimum front vard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
5. Minimum side vard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
6. Minimum rear yard setback (feet):
Ordinance No.9, Series of2007.
April 23"
Page 3
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
7. Maximum height (according to density) (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family- parcel density less than one unit per 1,500 square feet oflot area: 25.
c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet
oflot area: 32.
8. Minimum distance between buildings on the lot (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district
b. Multi-Family: No requirement. (Building and fire codes may apply.)
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) .",:' :nfapplies to each type of use. according to density
'n" Happlies to conforming and nonconforming lots ofrecordh
a. ng Detached residential and Duplex dwellings eslublbhecl prior", lite Hdop-
t'Hn of OrdiHiHK'e.2+,-&of~~l+'-100% ofthe allowable floor area of an equiva-
lent-sized lot located in the R6 zone district. (See . R6 Zone Dis-
trict.) ReGell't of fl I)evel,'pmem ()rder shalf constitutelhe date thellSe was eslab-
lishB<l.R0pla,t'0TnenlaHcF r'){,HH)lil;(Hl'shH1JH()!.€110Cla"n0w-e~lHhilShtnen+{lal0,,1~)r
the f'l.ffj'lOSB5E,tlhis5c>e+iBJtcCity of Aspen Historic Transferable Development Rights
shall Hot he extingllbhed in Ihi> 'Ion" districl aml,Jml.lnot permit additional floor
area L\)" , ,il! '
b. '" Detached residential and Duplex dwellings
e5IabWi~-afu"f-lfl€-**'i*ifH1Elf.();--c+ifl&l1C'e-2-7,->;",ies-Hf-2-(~80% of the allowab Ie
floor area of an equivalent-sized lot located in the R6 zone district. (See
': _:_"" R6 Zone District.) City of Aspen Historic Transferable Development
Rights shall flHl-+"'''''Einguish,.d--H1-lhis fOl\€di5lric+amJsIHtH-not permit additional
floor area
c. Multi-Family - parcel density ofless than one unit per 1,500 square feet oflot area:
.75:1.
d. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet
oflot area: 1.25: 1.
e. Multi-Family - parcel density equal to or greater than one unit per 750 square feet of
lot area: 1.5: 1.
,"'."
Ordinance No.9. Series of2007.
April 9'" Draft
Page 4
Section 2:
Section 26.710.100 - Residential Multi-Family (RMF) Zone District, which section regulates devel-
opment within the Residential Multi-Family Zone District, shall read as follows::
26.710.100 ResidentiaIJMulti-FamilY2 (R/MFA).
A. Purpose. The purpose of the Residential Multi-Family: A (RMF A) zone district is to provide
for the use ofland for intensive long-term residential purposes, with customary accessory uses. Rec-
reational and institutional uses customarily found in proximity to residential uses are included as
conditional uses. Lands in the Residential Multi-Family: A (RMF A) zone district are typically those
found in the Aspen Infill Area, within walking distance of the center ofthe City, or lands on transit
routes, and other lands with existing concentrations of attached residential dwellings and mixed at-
tached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential ;Multi-Family
(RMFA) zone district:
1. Detached residential dwelling.
2. Two detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section 26.520.
9. For historic landmark properties: 'eed and H13reakfashtt\J-13Hitffiifl~tttSe.
C. Conditional uses. The following uses are permitted as conditional uses in the Residential ;Multi-
Family: \ (RiMF(M) zone district, subject to the standards and procedures established in Chapter
26.425 :
I. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Recreational Uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all permit-
ted and conditional uses in the ResidentialiMulti-Family\ (RlMFA) zone district:
I. Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling: 4,500. For Historic Landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000.
c. Multi-family dwellings: No requirement.
d. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For Historic Landmark properties: 30
Ordinance No.9, Series of2007.
April 23"
Page 5
4. Minimum front vard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district
b. Multi-Family: 5.
5. Minimum side yard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district
b. Multi-Family: 5.
6. Minimum rear yard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district
b. Multi-Family: 5.
7. Maximum height (according to densitv)(feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family - parcel density less than one unit per 1,500 square feet oflot area:
25. .
c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square
feet of lot area: 32.
8. Minimum distance between buildings on the lot (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: No requirement. (Building and fire codes may apply.)
9. Pedestrian Amenity Soace: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR): 'j!: ,"bs,':':;.", (applies to each tvoe of use. according to density
:"':1d Haoolies to conforming and nonconforming lots of record*,
a. ;,;,:",g Detached residential and Duplex dwellings: ~t~fiHrl<++It" at'of'-
Hf+fH>fGRHHllflee.21-:-,>erk", 0 f 200 I: 100% ofthe allowable floor area of an equiva-
lent-sized lot located in the R6 zone district. (See lit::" R6 Zone Dis-
trict.) ReecirH'I' a Ik.vdorrnent ()rdeF.shaH e+m'iriIHIC the ciate th"u%wa'i estilh-
jt'iH,,,j:--R~t'tlK'fH-aH€f-.p,,tt\ftlt1ifm-sflattrKl1.d:Rt~-aflffi'r"'hl*i-sfltnffi4k*"-1;,,,:
rhepHft'Oses+lf rl1 i'iciCeti'H]: City of Aspen Historic Transferable Development Rights
shall nOI he "'Joitinglli'ih"din I.h is l.flHe d i slri"l and 'ihallnot permit additional floor
area C;;;~~:::i;,:
b. "!:.n Detached residential and Duplex dwellings
t'5({lhji'ih"tHtI'IL~' tl'kl-at'Hf'liolHlf()rdi lla IK",2Cf,s.;"rtcs-HI: 201}.l.:80% of the allowab Ie
floor area of an equivalent-sized lot located in the R6 zone district. (See
I R6 Zone District.) City of Aspen Historic Transferable Development
Rights shall mll.h,,-e;,+ingttts-twd-.iHthi, /tll\"di4ri€+-and shall not permit additional
floor area . -.
c. Multi-Family - parcel density ofless than one unit per 1,500 square feet oflot area:
.75:1.
d. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet
oflot area: 1.25: 1.
e. Multi-Family - parcel density equal to or greater than one unit per 750 square feet of
lot area: 1.5: 1.
~:!i'f
""'.'''.. .;~".
^:,;.'~ ",.,
~,: ""~re No. 0, ,",;" of""'
April 9'" Draft
Page 6
:i ;.
Section 3:
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 4:
jfany section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
That the City Clerk is directed, upon the adoption ofthis Ordinance, to record a copy of this Or-
dinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinanye shall be held on the 23rd day of April, 2007, at 5:00 p.m. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation within
the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of
the City of Aspen on the 9th day of April, 2001.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of -' 2007.
Attest:
Ordinance No.9, Series of2007.
April 23"
Page 7
Kathryn S. Koch, City Clerk
Helen K. KIandernd, Mayor
Approved as to form:
City Attorney
Ordinance No.9, Series of2007.
April 9"' Draft
Page 8
"'1+
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
FROM:
Chris Bendon, Community Development Director
Jennifer Phelan, Senior Long Range Planner
RE:
Land Use Code Amendments - Public Hearing
Lodging Zones - Ordinance No. 10, Series 2007
MEETING
DATE:
April 23, 2007.
SUMMARY:
Aspen's lodging is an important element of the town's economic well-being. Guest
experiences define how attractive Aspen is as a resort destination. Maintaining a fresh
appearance and a quality guest accommodation has always been a core value of the
community and this goal is strong today.
Although the renewal and expansion of the bed base is a common aspiration, the details
of "how" are not universally shared. During the Growth and Development keypad
sessions last summer at the Jerome, there was strong support for the aspiration and an
understanding of the inherent trade-offs involved. But, there was less enthusiasm for the
individual trade-offs. This comes as no surprise as it reflects the experience in reviewing
individual proposals. One of the goals of the moratorium from the outset was to define
expectations of lodging development and lessen some of the vagueness and last-minute
'arm wrestling' of project reviews.
The proposed Ordinance amends the City's four lodging zone districts. The ordinance
lowers heights, mandates variation in building heights, lowers FAR, establishes
maximum residential unit sizes, and provides increasing incentives for smaller units.
Staff believes the combination of amendments addresses the concerns that have been
expressed over the past year about redevelopment of the bed base. The Planning and
Zoning Commission recommended approval of these changes by a unanimous vote (4-0).
The ordinance does not make fractional (timeshare) projects illegal. Each State has a
different State Constitution. The State of Colorado restricts a municipality's jurisdiction
to regulating the type of land use and does not permit regulating forms of ownership.
The State defines fractional ownership as a form of ownership, not a type of land use.
While Colorado cities cannot show favoritism for traditional ownership lodges, what
Aspen can do is unsure that the difference in ownership style does not change the use.
The City's regulations mandate fractional ownership projects operate just like traditional
ownership lodges in every aspect from physical features (front desk, signage, etc.) to
operational aspects such as short-term rentals to the public (non-owners).
Lodging Zones - Ordinance No.1 0, Series of 2007
April 23'd
Page 1
Staff recommends City Council consider the proposed Ordinance in relation to the other
proposed amendments, conduct the public hearing, gain clarity on the proposal, and
direct staff accordingly. Absent desired changes, staff believes the ordinance is ready for
adoption but does have continued public hearing dates reserved for continued discussiGn
on the matter.
DETAIL OF AMENDMENTS:
Following is a description of the significant policy changes that are proposed in this
Ordinance. The Ordinance contains a series of "numbered flags" that relate to the notes
below:
~
@]
~
~
The permitted uses in the Lodge Zone have been amended to include Bed and
Breakfast. This use has also been added to the Lodge Overlay and Lodge
Preservation Overlay.
The height for the Lodge Zone and has been lowered to a range of 36 to 40
feet for projects meeting the density requirement. An additional 2 feet is
proposed for projects with an average unit size of 450 square feet or less. For
low density projects, no changes are proposed to the 28-foot limit.
The total FAR for lodge projects meeting the density incentive has been
lowered to 2.5: 1.
There is a siding scale for the amount of free-market residential square
footage allowed. The scale is based on average lodge unit size, with a strong
incentive for smaller lodge units - the smaller the average unit size, the more
free-market housing is allowed. The percentage is now based on Net Livable
Area of lodge units, rather than the total project FAR. In this way, a
developer is not rewarded for large hallways, mechanical areas, garages, etc.
Staff worked with a few local architects to get an understanding of how a Net
Livable standard compares with the current total FAR standard. As a
guideline, resort lodge projects are roughly 50% efficient - meaning half of
the total built space is rooms and the other half is hallways, lobbies,
circulation, etc. Garage space is not factored into this percentage. This means
that the previous free-market residential allowance - 25% of the total project
FAR - translates to 50% of the Net Livable Area oflodge units.
Staff developed a few options for the free-market residential FAR sliding
scale for HVS's review. (HVS is the City's consultant for lodging code
amendments.) Based on HYS's response, P&Z made a few modifications to
the table which are reflected in the proposed ordinance. TSaff supports these
changes. A summary of HVS's original report and their most-recent analysis
of the proposed code are attached as exhibits.
Lodging Zones - Ordinance No. 10, Series of 2007
April 23'd
Page 2
~
Staff is recommending two things in this provision: 1) the implementation of a
1,500 square foot unit size cap for residential units in the lodge zone. This is a
lower limit than originally proposed to the P&Z, but the smaller unit size
should translate to higher occupancy. And, 2) the ability to increase this cap
by extinguishing a TDR. Staff believes this is important for a few reasons -
The unit size cap will encourage a level of residential density in this zone and
the TDR provision will permit this cap to be increased to 2,000 without
adding more FAR to the proiect. Ultimately, staff believes this will help the
preservation of historic landmarks in a manner that does not add mass to
lodging projects.
EJ
~
This ability to vary the percentage of free-market residential Floor Area in a
lodge project with a PUD has been removed.
The amount of free-market residential Floor Area is a lodge project in the
Lodge Overlay and the Lodge Preservation Overlay is proposed to be
consistent with the Lodge District. This new text cites the table in the Lodge
District.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to continue Ordinance No. 10, Series of2007, to April 24, 2007."
ALTERNATE MOTION:
"I move to approve Ordinance No. 10, Series of2007."
Lodging Zones - Ordinance No.1 0, Series of 2007
April 23'd
Page 3
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ORDINANCE No. 10
(Series of2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND
SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN
MUNICIPAL CODE: 26.710.190 - LODGE (L) ZONE DISTRICT; 26.710.200-
COMMERCIAL LODGE (CL) ZONE DISTRICT; 26.710.310-LODGE OVERLAY
(LO) ZONE DISTRICT; AND, 26.710.320 - LODGE PRESERVATION OVERLAY
(LP) ZONE DISTRICT.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code
related to lodging development, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to the following Chapters and
Sections of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.710.190 - Lodge (L) Zone District
26.710.200 - Commercial Lodge (CL) zone district
26.710.310 -lodge overlay (LO) zone district
26.710.320 -lodge preservation overlay (LP) zone district; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Community Development Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of lodging facilities in and near
downtown; and,
WHEREAS, in order to encourage a continued vitality and long-term sustainability
of the local economy certain development incentives are available for lodging development
with smaller average rooms sizes and commensurate higher potential occupancies; and,
WHEREAS, as an additional means of encouraging high occupancies, a maximum
residential unit size has been implemented; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. The focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city by intensification ofland uses within the downtown.
. The retention of existing commercial and lodging uses.
. An increased vitality of the lodging bed base.
Ordinance No.1 0, Series of 2007.
April 23'd
Page 1
. The rejuvenation of aging lodging properties.
. The preservation of historic resources through the transfer of development rights.
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability ofthe local social and economic conditions of Aspen.
; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text being removed is red and strikethrough. 'Text-l1eingren1()vcci--k,ol", like this,
Text being added is red and underline. 1,,"1 bcinQ add"U\1.ob lik_c th~s.
Text which is not highlighted is not affected.
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 27,
2007, and April 2, 2007, took and considered public testimony and the recommendation of
the Community Development Director and recommended, by a four to zero (4-0) vote, City
Council adopt the proposed amendments to the land use code by amending the text of the
above noted Chapters and Sections ofthe Land Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the Planning and Zoning Commission, and has taken and considered public comment at
a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent
with the goals and elements ofthe Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.710.190 - Lodge (L) Zone District, which section regulates development within the
Lodge Zone District, shall read as follows:
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation, and operation of lodges, tourist-oriented multi-family buildings, high occupancy
Ordinance No. 10, Series of 2007.
April 23'd
Page 2
timeshare facilities, and ancillary uses compatible with lodging to support and enhance Aspen's
resort economy. Free-Market residential units within this zone district shall be permitted, but
not required, to be used as short-term tourist accommodations. The City of Aspen encourages
high-occupancy lodging development in this zone district. Therefore, certain dimensional
incentives are provided in this zone district as well as other development incentives in Chapter
26.470 - Growth Management.
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Hotel or Lodge.
2. Timeshare Lodge.
3. Exempt Timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
[C]
;;/"Conference facilities.
6, '7 Uses associated with outdoor recreation facilities and events.
I,K Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
:!h(),Storage accessory to a permitted use.
9,1()~Affordable Multi-Family Housing accessory to a lodging or timeshare operation
and for employees of the operation.
}.:\2:': 1 _ Free-Market Multi-Family Housing.
Home occupations.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L)
Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Retail and Restaurant Uses.
2. Neighborhood Commercial Uses.
3. Service Uses.
4. Arts, Cultural and Civic Uses.
5. Public Uses.
6. Academic Uses.
7. Child Care Center.
8. Commercial Parking Facility, pursuant to Section 26.515.
9. Affordable Multi-Family Housing not accessory to a lodging or timeshare
operation.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum lot size (sQuare feet): 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential- 3,000 square feet.---Whcll the
tlev-elOpt++tNlt.-tS.fBSttk:+lttal. ..tt}eRL,-h'~'+H+'--,,"H-i,ftiHH:tHr...---.f-ettH-i+~*'-tH--4BF--tHl
aff4:\Hta-b-+t'-lH~lJs-iHg-l:Hl-tL
b.
b Lodge, Timeshare Lodge, and Exempt Timesharing - no requirement.
Ordinance No. 10, Series of 2007.
April 23'.
Page 3
3. Minimum lot width (feet): 30.
4.
5.
6.
7.
Minimum front yard setback (feet): 5.
Minimum side yard setback (feet): 5.
Minimum rear yard setback (feet): 5.
.
\ Ji';i
_'1':;-'
Inl"h\lliJit :.e....ice area :;hall 1'It'-ft~--affitHffig-\f"'--allc). pllr;lIall1 10 Sedi+lB
?A "7,, ,(}6(l 1,-,liTitj+:-hibllil?ffYC k- SCF\';"" AreH,
:J-X. ~-Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with
less than one lodge unit per 500 square feet of Lot Area Bf-itH itv"f[~Tm!g:c--H-!tif
"ile-~reakf thaJ}-5{)O-"i'tare K"Cf: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with
one or more lodge units per 500 square feet of Lot Area--ilf!fl--,ttHtR~lftcl-<6"
.-;K.I~~d--4i1-f-~h-+IK(lf()()rS; ..+'2., i(.t'l-l;~rni+t
2
@j
&'!. Minimum distance between buildings on the lot (feet): 10.
if 1 ii. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
+4 . Floor Area Ratio (FAR):
a. The following FAR schedule applies to Commercial, Lodge, Timeshare
Lodge, Exempt Timesharing, and mixed-use projects, with one or more lodge units per 500
square feet of Lot Area aHd,tH-a',,'fag~l,ttJge lHlft-'iit:f,{)-!'-,,{)\l- square- k"l or k". This FAR
schedule is cumulative, up to a total maximum FAR of Ie for parcels of 27,000
square feet or less in size and 2.5:1 for parcels greater than 27,000 square feet. Also see
Section 26.71O.190.E. Unless otherwise stated below, a development's non-unit space shall
not count towards the FAR cap of an individual use category; however, the maximum FAR
cap for the parcel shall not be exceeded.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses; Arts,
Cultural and Civic Uses; Public Uses; Academic Uses; childcare center: .25:1, which
may be increased to .5:1 by Special Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit SJ*lft'7: 2:L
owltieh-HKw-l*,-incrc,,:;cd to :'o.5,-l--lJ-j-~11 Revi"v,,-tffif-SHdlll [(1 ':l'€-1-it->t+ :'(L 130,
3. Commercial Parking Facility: I: I.
Ordinance No. 10, Series of2007.
April 23'd
Page 4
4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review,
pursuant to Section 26.430.
5. Free-Market
,1 .,i-,:,
~
{ , ~
naIHIJunlt-cs-s-tha H ".r -cqllallt+-25-(!,tr{)I:!:ht>",1,:,/\R{..flhDl(,lat- t1 r{ ",j cCl-inchHAing-hot.h'lIHtlHHtJ
H()U-t,IH-il--S-paC\?; 1.1l.:+1,n(){-lfK+t-J-(k-Flg.,j.,;\,1{f!l'Vl--){L'-tt-t{+ -park i Hg; F(,)fc\HtHplc :-II::'lhc-hHal
pH,jeL't.r-efH"""lllSc. I.OdHH} sqUitFe-flet'\_+t[:jljf"c>I'-Arerr.-lht'fl2 ,-'Oilsqua!e j..'et-ffi[wj~ It'ee-
fYlHrk,elres-id-e-nlialspa.c.e"{WSpa0enB-e-V{)l-cd to -kKlgt,.I./tillH:share'+fn,ib\vhi€tt --a-r-e. -t1{)l-h+I'\c
~-l-b~-+Ile- a' em" e un it: i /e -limitali-tHt.
This percentage may :1.'; be otherwise established for a
project through a Planned Unit Development review. ~~~*~"'+HH-9IH"-
All non-unit space attributable to Free-Market Residential or Large Lodge/Timeshare
Units shall count towards the individual FAR allowance for Free-Market Residential or
Large Lodgerrimeshare units.
b. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge, Exempt
Timesharing, and mixed-use projects, with less than one lodge unit per 500 square feet of
Lot Area-ef-at+~-f-agc'-k,,-Tt,'-t'--H-flil, ..;ize greater lhan of '0Ikt1""",,-4ieet. This FAR schedule
is cumulative, up to a total maximum FAR of 1.5:1 for parcels of 27,000 square feet or less
in size and I: 1 for parcels greater than 27,000 square feet. Unless otherwise stated below, a
development's non-unit space shall not count towards the FAR cap of an individual use
category; however, the maximum FAR cap for the parcel shall not be exceeded.
Ordinance No. 10, Series of 2007.
April 23'd
Page 5
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center: .25:1, which may be increased to .5:1 by Special Review, pursuant to
Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit 'faett: I: I.
3, Commercial Parking Facility: 1:1.
4. Affordable Multi-Family Housing: .25:1, which may be increased by Special Review,
pursuant to Section 26.430.
5. Free-Market Multi-Family Housing: .25: I ,c-w!tid-l-ma:. be in.'k'a_~!",*J- by ~;fccilll
i?eview,pur-slHul!l(';;<3e!ioH26AJO,AlI non-unit spiwei ie.", ".'" attributable to Free-
Market Multi-Family Housing shall count towards the individual FAR allowance for
Free-Market Multi-Family Housing.
c. The following FAR schedule applies to multi-family (as a single use) projects established
prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up to a total maximum
FAR of 1: I. Receipt of a Development Order shall constitute the date the use was
established.
1. Affordable Multi-Family Housing: 1: 1.
2. Free-Market Multi-Family Housing: I: I.
d. The following FAR schedule applies to multi-family (as a single use) projects established
after the adoption of Ordinance 9, Series of 2005, cumulatively, up to a total maximum
FAR of .75:1. Receipt of a Development Order shall constitute the date the use was
established.
1. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5: 1.
5
pI
E. Special Review for Density (lllIllJfI#-Sizt'Standard~. The Planning and Zoning
Commission may approve an adjustment of the "density standard" alld 1h" "uHit-'ii-A'-_lartl"
and the project shall remain qualified for the height, Floor Area, and Growth Management
incentives associated with these standards. The review shall be pursuant to the review
procedures for Special Review, Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per 550
square feet of Lot Area. lhe ""elageLllllt-,,;ZL' Slall(hlklmayl1e-"HlCHckcl--by a
n1-i:t~t+lItHHn-r-.1 W)-f~ 1\:) 'p('FnlllaHi}V(~filg('-U ni I: - si I C {I r 5 5-0squarCt0Bt:An adjustment in
excess of th, c-s" increases may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
Ordinance No. 10, Series of 2007,
April 23'd
Page 6
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
6
. -('om.idermiofl!; :flIP Im,pet/sing tile Perc'-fllilge of 1111' P/'iIje('tLised~{flr--f'rff-Milrkel
." , . ,. I I I L" "I' I I
~r '. _ 1':.' H?,; lare JOt ~e;:-fff-'f';-:'\-€ft1-f'll--T+rnc~; lare prOject may C.\CI:~( t 11?
t'-nty-l1ve (2-:+-rel'eel1\ limitalilc+n- HHFl'ee-MHrke\ Resi{lenl;al.t1 Im:;,e lodge,\imeshal't'- unit
"f*t€i!-witTI Planned Hti1--flt"'*'*'pA-lt'Il-l-apf"',tvil 1.- --I-A--additiHn-t&-ltlt'-V1,--'-T+-Hitt'fht 0 f Chap""!'
2("-l4,,4J-c~(},tTK,f(7Ik,,,,-ing hlel{t1'sshali al", \ be coHsideHc"I:
]-;"-~Rte--iHn(Hlnt",{},f:",,tHJn-HnilSpa(>LL-aH-l-e-R-4*~; ""and -.L.;t;;}FVtECS-f{H' 'gl-H!~-+lr",,+h'c,,-I()(igiFlg
(tpefH-tttttl-;:I:his.(:>atlt-rH21u(k;,h{.)thtHtcrna,I-Hlld",e.~';lcfnalaln{'niti(>s;
2,-AI1)" *ttlf"'ttimt'5hiJl't'-UtHb--itl'HV ided IN hie h-ar...--in "'''''€';S- /,I'-th,,- minfI'HHflT--neetK'{1 to
.achiev01he-ttB-igh t- aRti--P:'/\R-i-nccnttvcs;
~) le;;al-+H'--J*tY*ill limiwliolt- or 111~--t'ft'r<"'-W- .;lIef! Ihat---a<T4i1il1l1al i[\:"I1\;" e I
n-et,essar-y-l{)devel()pg-ueSltlCCt:HnltlOdul ii.jth-~le' !)!'operty.
4,----.:lhe-fal1i,,'i!-o!'--lodge-ltfl-It---!iii''''' ilH,ltt'H-H,;HI'ittioo".- ffi<>!tld iHg-j'le*-i-b*H~-whid\-at'{'
aHfii€live-l{+-aht'f+ai.i--se-gi)-'}(.l-fft-l:-tf t){)k>Hl~al"gtJBsts-;
~---An y.-sy-ste-Hl-or--stra-tegy--fi.wlho.:. pn)jc-clt{)"rnH:\in-l~Z0st:h)r l--l('-nn{\cc 1.1FatK::f€-S;
-F.- -COH!.iflffllliolls :fi/r Im'r"{I.~iflg- the Pi'I'cefllilge o{-ffi<'--l!roject U,,!d-.(M-Free-Mllrlwl
Re.I'ideflliflI-Sl>flce. -- '\-+'Hdge. TiIHeqlHtFe-[,,,I:;,e. or I ;"emI71- l'ime+;hill'e pl"f~et-HHPrl"'''eed lhe
l:\venly-f~ve",{2-5"J'percent..li-IHilali{1Jl"{Hl!'-rt:t~-\\larketResi.denlial-(lF--ia l'gej(}dge/t-iHlt~-s-l::1al'e'lmil
;pac e vrith---I-'-IattttetT+' 11 i \ I) e\ eh'pH'lettl-ilf'flF{Wat--l-tt---ml<.lil-i+t1'---tf,-!he-4'-l,~R-t-e-r-itt-,tl~{'ffitll-ler
26.44.:'-, (J:,O ,-{ he h,lltH\;ingraCLt+rsshaHat-'i-\+-nc C( +flsid.efe-tl:
-:l--;----.::r-h~-+tIH++l::l+lt--+1f.-"-rHJrl-Hrltf---,~,W)a.;;;e-.'--ITl+tt':ft~~l-~F\-~"".h;if-----g-t~~ttt",-"I.oog-fttg
Of)€1'Hl-tH-H;--',Fhis" CantH0hlde-.-h{)th-"i-tlll~+tali+ndl'~~h.'ffla1--HiH--€Hi-l--it:s;
2-; - An)/ltJdg.e/tiHlc-sha-rt: '-H-FI-i+s - provI(ltx!wlrfChHf('in..{;\xcCSS-{) 1:1 hemintml:lHl-HCcdLtd lrl
aGh-~t~'-+hc. he ~ ht-and.li"AR-ifh.:'cntivc:-.;
3 .AHy.-...tegttl--Hf--ph.y-sicatltfn.i'latt+~t+--HI:"-ltl{;-Pforerl7--:..H€h..."lhal----n-Jt:Ht~t*liil--iH(!enl-ive -"f..
nc(;(;SSafy'1-(+"deveh)p"gl!esl(l('c-("H1HllHdati("'~ll s fHt-4hC-f)\-~(}pefly;
4,---'-J:ltt'-+i.tnJ.e 0 f ktt~--u++il---Sft-~ld-€Htt-l~;tftttH~-itte!ad i II,!- l1e" i-bT,;--utHt~I-\-hid'l--Hfe
a 1-1 ract iv-e to .ahFHnd -seg-ln~lt-l (I r po-tentialguests;
;\-; ,,-AH7-sys-t€t-1t--(-+F4f-ah.'-gy-iBF"#1-€-i~-Fi::\j(;'€-l--h-HlHl1\:-im-i-'/~-----'i-h-Hr-t-tefHt+t!;;;'-t:.lHt)itf~
Section 2:
Section 26.710.200 - Commercial Lodge (CL) Zone District, which section regulates
development within the Commercial Lodge Zone District, shall read as follows:
26.710.200
Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the
establishment of mixed-use commercial and lodge development by permitting commercial uses
on the ground floor with lodging development above. Free-Market residential units within this
zone district shall be permitted, but not required, to be used as short-term tourist
Ordinance No. 10, Series of 2007.
April 23'd
Page 7
accommodations. The City of Aspen encourages high-occupancy lodging development in this
zone district.
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge
(CL) zone district:
I. Uses allowed in Basement and Ground Floors: Those uses allowed in Basement and
Ground Floors, respectively, within the Commercial Core Zone District. Uses and
facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed
as the sole use of the ground floor.
2. Uses allowed on Upper Floors: Hotel or Lodge, Timeshare Lodge, Exempt
Timesharing, offices and activities accessory to timeshare unit sales (see Section
26.590), conference facilities, accessory uses, storage accessory to a permitted use,
Affordable Multi-Family Housing, Free-Market Multi-Family Housing. (Food service
for on-site lodge guests is an accessory use.)
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office
Uses, Arts Cultural and Civic Uses, Public Uses, Academic Uses, or child care center,
located on Upper Floors.
2. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Lodge (CL) zone district:
1. Minimum lot size (sQuare feet): No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
", <t.--- --Minimum rear vard setback (feet): No requirement
e7<it'{;:'Pl
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Minimum distance between buildings on the lot (feet): No requirement.
Ordinance No. 10, Series of2007.
April 23'd
Page 8
9!!) Pedestrian Amenity Space: Pursuant to Section 26.575.030.
I iO. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up
to a total maximum FAR of Unless otherwise stated below, non-unit space
associated with individual uses shall be attributable to the individual FAR allowance.
Unless otherwise stated below, a development's non-unit space shall not count towards the
FAR cap of an individual use category; however, the maximum FAR cap for the parcel
shall not be exceeded.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic Uses;
childcare center; commercial parking facility: ]: I.
b) _ Lodging units, timeshare lodging units, and exempt timesharing units \linil pac,<,-):
2:1_. -,-,hidlll\-ft\'-bc illcrea:;ed-1H2.5:1 by Sp,'cial R,,,iev,.t'tlNJal1t to ~;ection 26.1:10.
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special Review,
pursuant to Section 26.430.d
d) Free-Market Multi-Family Housing: c).-! . _All non-unit space attributable to Free-
Market Multi-Family Housing shall count towards the individual FAR allowance for
Free-Market Multi-Family Housing.
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E. Special Review for Density f/lullHHf-.She-Standard~. The Planning and Zoning
Commission may approve an adjustment of the "density standard" allfr\fle "tltlit-size--slaHtlaffi-"
and the project shall remain qualified for the Growth Management incentives associated with
thi:--ese standards. The review shall be pursuant to the review procedures for Special Review,
Chapter 26.430, and the following criteria:
I. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Lot Area.I'h0 average unit-sill' standard mav be Hmendcd by a
fnaxfH1uHl {}f-IOIl'i't to pe-rmil (,r~-5-0s-quarc .f(,l'l. -An adjustment
in excess ofthl'--"" increases may be approved through adoption of a PUD plan, but
the project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services
for guests of the lodging operation. This can include both internal and external
amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a
broad segment of potential guests. Flexible units are encouraged.
Ordinance No. 10, Series of 2007.
April 23'd
Page 9
Section 3:
Section 26.710.310 - Lodge Overlay (LO) Zone District, which section regulates development
within the Lodge Overlay Zone District, shall read as follows:
26.710.310 Lodge Overlay (LO) zone district.
A. Purpose. The purpose of the Lodge Overlay (LO) zone district is to provide for lodge
uses in areas of the City suitable for lodge accommodations but which lie in predominantly
residential neighborhoods or where there are limitations on development that necessitate the
permitted density to be significantly less than that in the City's other lodge zone districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO)
zone district:
I. The uses permitted in the underlying zone district.
2. Hotel or Lodge.
3. Timeshare Lodge.
4. Exempt Timesharing.
7
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~0-0ffices and activities accessory to timeshare unit sales (see Section 26.590).
.6JConference facilities.
Uses associated with outdoor recreation facilities and events.
~}' Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
*.i o. Storage accessory to a permitted use.
IO,iL__._Affordable Housing accessory to a lodging or timeshare operation and for
employees of the operation.
-1-l-c' .'_ Free-Market Multi-Family Housing.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (LO) zone district, subject to the standards and procedures established in Chapter
26.425 :
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Overlay (LO) Zone District shall be the dimensional requirements established for those uses in
the underlying zone district. Where no specific dimensions have been established for the use,
the permitted dimensions shall be limited to that of a single-family residence or multi-family
residences where such uses are permitted in the underlying zone district. Upon consideration
of the neighborhood compatibility and the dimensional requirements of surrounding zone
districts, the dimensional requirements may be established pursuant to Chapter 26.445 -
Planned Unit Development.
Ordinance No.1 0, Series of 2007.
April 23'd
Page 10
As part of the PUD review, an adjustment of the "density standard" aHd tht'-'"ltHit-silCS!Hl1dard"
may be approved and the project shall remain qualified for the Growth Management incentives
associated with thi,eSt' standards. The review shall consider the following criteria:
I. The density standard may be amended by a maximum of 20% to one lodge unit per 600
square feet of Lot Area. Ih0 average-t"';!-,!",,- s!andaHI 1t+it";--lxL Hmend"d IW---il
Hla)(.j'111UfH'f+r 20il/n' Hl- -perHlilHl1Hverage unil"si/:c""'i',).f..6{HI-si::fH-afe--leeL "An adjustment in
excess of ~"1" increases may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
l11-
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i A'--farl. (,I' lhe
P-lqJAppri:+vaJ.;mtheanH)1.1nt{11:""asstJciated--frcc-lnark€l--f(.'wi€-H-ti aI" or ,lafgt'--~t1d-gci ltHlt'-s.f-lHreUH i 1
spHee'-l{l-behKluded"""in,,+he-pt'i::,it~(;t.~.fHta,he*~l-a-htt-stletJ.h~'--f)f}fhi(:1er-tng,,+heli~l-i(-'t\""+H-g ~s;-
'rhC"HnH:tHnl"",{)ffHm-H-Hi-t."s'Pacc~amcHiti'es~'alH.t-S-0r\i,iecsl{)f-glJCsts",.{.,flhe--lf)(:i ging
{'lperutii::J!l;:rhi5- e-an ,in('lud~bli)th,irlleFnaland-'e~lefnalaHleH-ilies.
2-. 'I'll Cpft~j€t.H:~FEl:ng€{)r\+ni+", si Ie s"andc()n.ftguH+l:i-e-n-s--'o\-h lch,,,afO HltrHel-ivc--ht-a",hHtad
St:gl-netlt -ofpolential.gllesls;l:t~xthle- lIll ilS--H-f-t't'llcourage-d;
-J;- -- 'l:hc-(:,\,t:cH+{)fH(i{litlonall{)(lgcunit~..hciHga{l(lc{'l....l(+lhcinvt}J)l ('r~.;
4,;,.- {:j.l-e-HUH1-I::;er-aH{+--n--v-e+-age >.; i-1t'--i-1r-lodgiHg"llntl:1-h-eiH'g:'rlf4)vidt:~~;
kg-a--l--\~f- -physical-li+nilall( 'Hs-t.)f+hc,,-pH)f*'rty- --sH(:h- ,that adtiit l-()nal-InCCfHiv(}- IS
ne(:e-~S-i+Fy-,tB.{k;vehJp'gHE'Stik'0\:"'rl-l-t11'od-at~+-Hb;
();Any- ~Y:1t{;\-rn'(H'SlraJ:0g.v ,-I~')r-lhcrf()j.CC'l'lolna'lm ize,shl'}t'l-Icrrn",{-.cc+'i)1inc,f.E:'s-;
26.710.320 Lodge Preservation Overlay (LP) zone district.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to
provide for and protect small lodge uses on properties historically used for lodge
accommodations, to permit redevelopment of these properties to accommodate lodge and
affordable housing uses, to provide uses accessory and normally associated with lodge and
affordable housing development, to encourage development which is compatible with the
neighborhood and respective of the manner in which the property has historically operated, and
to provide an incentive for upgrading existing lodges on-site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone
district:
I. The uses permitted in the underlying zone district.
2. Hotel or Lodge.
3. Timeshare Lodge.
rTl ~: ~~~~I~l~;:~:~~~ring.
~inance No. 10, Series of2007. Page 11
April 23'.
6. Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Section 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
11. Storage accessory to a permitted use.
12. Affordable Housing accessory to a lodging or timeshare operation and for employees
of the operation.
13. Free-Market Multi-Family Housing.
C. Conditional Uses. The following uses are permitted in the LP Overlay zone district,
subject to the standards and procedures established in Chapter 26.425 of this Code:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Where no specific dimensions have been established
for the use, the permitted dimensions shall be limited to that of a single-family residence or
multi-family residences where such uses are permitted in the underlying zone district. Upon
consideration of the neighborhood compatibility and the dimensional requirements of
surrounding zone districts, the dimensional requirements may be established pursuant to
Chapter 26.445 - Planned Unit Development.
As part of the PUD review, an adjustment of the "density standard" fH1dth<'o' "unii-si/e shttlffitffi'
may be approved and the project shall remain qualified for the Growth Management incentives
associated with ffl~th:. standards. The review shall consider the following criteria:
I. The density standard may be amended by a maximum of 20% to one lodge unit per 600
square feet of Lot Area. Thc ,,\,,~-tltlil :;i/c ;;[Glldard -Hi"; be all1~cd 11) it
ma:\IH1:UH1{)r 201~tth)--pet'fniti:1H.Hvt'I'ag.euH i I s i Ie o.r{)~H+-""'EtHaFc",feel;-An adjustment in
excess of 1fl€5e-' increase5- may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
8
..' . As-par! of Ihc
P1H-)--T\i~f}ft+va-t--; --ftw---aFl:H}HHl{}r"+lSS{,t0"~Hl{'{lfrt'e-HHtfk,t'f.-+\.:sideHttal{H'"iafge-k-+{~$'t-tHl-L-'-Sha+~Bl+nil
;.j-)i-\ff-l<+-l>&-it\t.4ttded-itH-He-t;r~5-httl-l-h"-eShtbttsl",,,j .b\--"'tHSK~f-illi;-lhe--h.,1 kw.-iJ\'~--I~-tf'"
~-;-- - l:h0".atH{tUH+I)f+1()n--Hn--tf:""""SpfK>t~~arnf'nilies';' ..andscf\,iL'l'S--HH......glle:';ls - ()flhe ,-~,+dgt-Hg
t:rp~fath:HL-"rhisl'aH.itlCIHdt'-I)\tlh.1tllerHal-lil}d \3xteHlal. dH1CIl ~l if"'_
Ordinance No. 10, Series of2007.
April 23'd
Page 12
}~~t~~:sraHg(',,{}f""Hni'l.siZl'S"-fHtd-"€iHll~g-tIFiitt(Hl-s--which"ilH;' aHHK'livi0!{)-alw(.;l:h::t
~'+ftt'-flt-*trl* [~n 1 i al t'*'5t"r.----R~;h-l"--ttHtb--HfC-C"ft<;Httfa~efr.
3.- -'nl€---e.\h:::lllf.fadditifH1Etl.!{\dgc.unih heing added [(,lhc..invellhJry.;
..., -- Th" -Rum 1)('1'- and avcrllge- >iZ0{) l:l",l""n1'-un ~ s l)('jn1'-pn '\' id",l,
~--Atry--l€~-I-Br-t*y:;ical lilfltffiftBfI: of the prupcrty :;uelt-that -ili!6-i-t-;'-)flnl inccn!W<;--is
tl€t'-€-s-s-ary""t(\.dt'-v-t'h'fr-.gtH.:'~T,,{tl4;.~HlHH-.-kta~h~-;
(..,- -/\ny.sysl('IH{)Fstrilte.gy".I("H" .t-he,pH)j('(l-i h-FHH-:\Hnt'/t-shllrt-lL'fFl1(tft>upancics.;
Section 5:
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:
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:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office ofthe Pitkin County Clerk and Recorder.
Section 8:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of general
circl!lation within the City of Aspen.
Section 9:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council ofthe City of Aspen on the 9th day of April, 2007.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klandernd, Mayor
FINALLY, adopted, passed and approved this _ day of ---' 2007.
Ordinance No.1 0, Series of 2007.
April 23'd
Page 13
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klandernd, Mayor
Approved as to form:
City Attorney
C:\Documents and Settings\chrisb\Desktop\Moratorium\Moratorium\Drafts\Zoning\Ord 10 Lodging - April 23.doc
Ordinance No. 10, Series of 2007.
April 23'd
Page 14
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INTERNATIONAL
2229 Broadway
Bouldt'r, Colorado 80302
303-4..B-3933
?103-4.43-41l)6FAX
WWw,h\'sinternationa1.cDnl
NcwYurk
Sill' Fr"nc;~c"
Boulder
Dem"cr
Mitlmi
Dallas
Chicago
W~shinKt"n. D.C
W~.,.tlln,CT
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V"ncou'"'!r
TOl'onlo
London
Madrid
N....wDclhi
Singapore
Hong Kong
Srd""y
55"l'aul"
Bllc.nU$,\ircs
Specialists In j-h>tcl Consulling
and Appraisal Worldwide
Tuesday, Apri110, 2007
Mr. Chris Bendon
Director of Community Development
City of Aspen
130 South Galena Street
Aspen, CO 81611
(970) 429-2763
chrisb(aJci.aspen.com
Re: Lodging Incentive Package
Dear Mr. Bendon:
We have reviewed the three options for the Lodging Incentive Package and have
discussed these options with local developers. We have found many items in
option B to be suitable for hotel development incentives. In addition, we have a
few items that we feel are important to note.
Within Aspen, a hotel with a smaller per-unit size is likely to generate lower
occupancy and rate levels. From the perspective of the consumer, a larger room is
generally preferred over a smaller one. Similarly, the perceived value of a larger
room is also greater than that of a small room. Hence, a property is able to charge
a premium for this additional space, especially in the luxury segment. The
expected occupancy of a small unit property is also limited because the large unit
properties reduce their rates during the off-season to maintain a strong
occupancy. This leaves less demand to be distributed through the smaller units in
Aspen during the off-season. As a result, the operating performance of these
smaller unit properties is strongly inhibited, when compared to hotels with larger
guestrooms and higher rates. From our initial discussions and findings, a free-
market component of 80-100% would be necessary for hotels with units smaller
than 400 square feet. This would allow the free market component to off-set the
large financial loss, in the construction and operation, of a hotel with smaller
units. It is very unlikely that these units would be permanently removed from the
bed base, given the small size of these units.
Currently, there is strong evidence that Aspen is in high demand by a luxury
market that seeks high-end units, in either residences or hotels. Given the strong
demand from this market, high-end hotel developments offer developers the
least amount of risk and the greatest, if not only, ability to warrant the extremely
high cost of land in the area. That is not to say that there is not sufficient demand
H'~~
INTERNATIONAL
for a more moderate market, but it does suggest that there is no immediate
evidence of the potential demand since there are not existing examples of such
development in Aspen. We suggest that a consumer study be done to determine
the demand base for a more moderate hotel and residential market in Aspen.
Such a study could lessen the concerns of local developers and help spur
moderate-priced hotel growth.
The current lodging initiatives would allow for a hotel to be 36-40 feet in height.
In discussions with local developers, there is a concern as this height restriction
would only allow for two, possibly three, stories in a hotel. This can be attributed
to consumer expectations of higher ceilings, based on current developments with
9' to 9'6" ceilings. This height plays a significant role in smaller units, where the
height of the unit can create the perception of a larger space. This height
restriction further limits development with the new measure of free market units
based on net livable area. Although net livable area is perceived as a useful
measure for creating a free market percentage, this percentage may need to be
increased, given that net livable area is less than total floor area. The last concern
discussed was the FAR restrictions. This is a large concern to developers as the
FAR will decrease from 2.50:1 to 2.25:1. The 2.50:1 ratio is currently perceived as
r'estrictive; an alteration to this could cause more development restraints.
If further discussion is needed, you may contact either Greg Hartmann or Renee
Laband at (303) 443-3933. We hope that you have found this to be helpful in
modifying the Lodging Incentive Package and we look forward to working with
you further.
Very truly yours,
HOSPITALITY VALUATION SERVICES
Division of H&R Valuation Services, Inc.
L~~Jt-bVU?(
Renee Laband
Senior Associate
rlaband(a)hvs.com
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Greg Hartmann
Managing Director
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Summary of Findings & Conclusions
The city of Aspen currently has a number of lodging requirements in place.
The following is a brief surrunary of these requirements.
.
A height of 42 feet
.
One lodge unit per 500 square feet of lot
.
500 square foot average unit size
.
25% free market component
Currently the city of Aspen is facing numerous barriers to entry, in terms of
hotel and lodging development. From an economic perspective, the most
beneficial factor for hotel development in Aspen is the average daily room
rates achieved in the market. These are among the highest in the United
States and the underlying real estate value is likely to be maintained because
of the unique physical qualities of the destination and the barriers to entry
for hotel development in the market. However, those. same barriers to entry
can deter hotel development and/or encourage conversion. of hotel
properties to other uses. The following bullet points summarize some of
these barriers.
.
The high degree of seasonality in Aspen (and other resort markets)
suggests the significant need for available rooms during certain
seasons, but encumbers the market with a potential oversupply
during other months of the year. These factors suggest that a market
wide annual occupancy above 60% would be unlikely.
.
Land costs are significantly higher than most markets.
.
Overall development costs are much higher in Aspen and mountain
environments compared - to other markets, given the resort and
destination nature of the area.
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The following is a list of recommendations that we believe would encourage
hotel development within the city of Aspen. This information is further
detailed later in this report.
. Lodging Zones in the City by Location
. Examples would be a full-service or luxury zone on mountain
and a limited-service zone off mountain
.
Av~rage Square Foot per Unit
. 600 square feet per unit for on-mountain projects
. 500 square feet per unit for off-mountain projects
.
Residential Component
. Free market units allow the developer to offset the loss on the
development costs of a traditional hotel development
.
Condo-Hotel Development
. This allows for a free market component tied in with nightly
pillows, without increasing the density or unit count of the
hotel project
. Current use restrictions will inhibit the condos from becoming
residences
In discussions with city council, the concerns expressed included the lack of
moderately priced hotels within the city as well as the low occupancies
experienced during the' shoulder seasons. The following bullet points
highlight the recommendations regarding these concerns.
. Changing the lodging zones by location and hotel category would
enforce the city's needs for diversified lodging facilities, given the lack
. of available developable land
. Corporate incentive trips base their decisions for location on
availability of recreational facilities, climate, sightseeing, cultural
events, and attractions. These are attributes that Aspen strongly
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maintains and consequently can capitalize on the attraction of these
groups.
. Targeting incentive corporate trips would be an effective way for the
Gty of Aspen to spread demand out during the shoulder seasons and
off peak weekdays during the winter and summer months.
.- Publicly Owned, Funded or Subsidized Focused-Service Hotels
. Public sector involvement in hotel projects is becoming increasingly
common, as the high cost of development and limitations on the
availability of capital for new hotel investment limits the feasibility of
conventional financing
. In most communities, the desired results are the economic ini.pact of
group events and the spending of the visitors attracted
. In the case of Aspen, the desired result is to induce more affordable
lodging opportunities for prospective visitors
. Many of the concepts utilized by other cities are quite applicable for
Aspen
. A focused-service hotel is more moderately priced than luxury
hotels and offers limited food and beverage facilities
. Brands such as Courtyard by Marriott, Hilton Garden, Aloft,
Hyatt Place, Indigo and NYLO are examples of focused-
service hotels and convey a level of comfort and affordability
to travelers
. An independent (unbranded) focused-service hotel may be
considered more representative of the "Aspen Appeal" but
will require more marketing to convey affordability to the
traveling public at large
. A publicly owned, funded, or financed hotel would require a
lower return on investment, which would off-set some of the
loss attributed to high development costs
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4
Using historical supply and demand levels, we have forecast future levels of
demand for the city of Aspen. In doing so, we have estimated which category
of hotel (deluxe, moderate, economy) we recommend be built in order to
accommodate future demand levels and maintain a reasonably healthy
annual occupancy for the Aspen market. In addition, we have included a
l03-unit example hotel, per Council's request, to illustrate the economics of
hotel development and feasibility in the city of Aspen. More detailed
information on this hotel is provided later in this report. The following table
details our recommendations of lodging development in the City of Aspen.
New Supply Forecasts,tSuggestions
Proposed Properly
Number 01
Rooms
. Estimated -
Opening Date
Example Hotel
Deluxe
Deluxe
Economy
Economy
Moderate
Deluxe
Moderate
Moderate
103
80
80
80
80
80
80
80
80
October 1. 2009
October 1, 2009
October 1. 2009
October 1. 2011
October 1, 2011
October 1, 2011
October 1, 2013
October 1, 2013
October 1. 2013
Totals
743
We were asked by Aspen City Council to provide a detailed analysis of the
investment criteria utilized in the decision of a developer to build or not to
build a lodging facility in the city. We estimated the development cost for the
example hotel, prior to land costs or profit from development, to be
$33,475,000. Using the mcome capitalization approach, we estimated the
economic value of the example hotel by quantifying the present worth of
forecasted future net income before debt service and depreciation for a 10-
year period. To convert the forecasted net income stream into an estimate of
value, the net income was allocated to mortgage and equity components
based on market rates of return and loan-to-value ratios. Our estimate- of the
example hotel's economic value via the income capitalization approach is
estimated to be $36,000,000.
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Hotel Consultin~ Report - Aspen, CO
5
. This leaves a difference of $2,525,000 between the estimated economic value
and the development cost prior to land. Allocating this difference to the cost
of land equates to roundly $41.40 per square foot for the. :!: 1.4-acre parceL
This amount falls below current land costs within the city of Aspen.
Therefore, this analysis indicates that the total development costs of the
example hotel, including land, would far exceed the economic value of the
hotel, and as a result the project would not be feasible. To offset this
economic loss, a residential component that would likely be more profitable
would be required, or land costs would have to be subsidized in order to
make the project feasible.
During our presentation to Gty Council, some concern regarding second
homes in the area and their affect on the market was expressed. City Council
asked us to provide whatever insight we could regarding this topic. Our
subsequent research indicated that The Northwest Colorado Council of
Governments (NWCCOG) is currently in the process of compiling
information and data regarding second homes in resort markets in Colorado.
The first phase of this project was released in June of 2004, The Social and
Economic Effects of Second Homes. The NWCCOG study is presented in an
addendum of this report. The following is a list of the factors addressed in
the NWCCOG study.
1. Effects on overall housing prices
2. Jobs generated by second homes
3. Effects on community values and social structures
4. Usage patterns of second homeowners
5. Effects on community services
6. Effects on local and regional economies
This study included the counties of Eagle, Grand, Pitkin, and Summit. Our
review of the study indicated several facts that we believe are pertinent to .
the review of development and travel patterns to Aspen, Pitkin County and
the Colorado Rockies as it pertains to second home ownership.
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. Percentage of total homes with non-local ownership
. Eagle County- 49%
. Pitkin County- 55%
. Summit County- 67%
. Percentage of total single-family homes that are second homes
. Pitkin County- 43%
. All four counties- 48%
. Percentage of total condos that are second homes
. Pitkin County- 67%
. All four counties- 72.%
. Percentage of second homeowners that currently place their
residence in a part-time rental program
. Pitkin County- 39%
. All four counties- 32 %
. Percentage of second homeowners that currently place their
residence in a full-time rental program
. Pitkin County-12%
. All four counties- 14%
. When determining the local economy by outside dollars or specific
"economic drivers", second homeowners contributed 34.13% of the
total outside dollars in Pitkin County; this same driver equated to
33.82 % for all counties.
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Hotel Consultin~ Report - Aspen, CO
7
. Pitkin County second homeowners rated recreation opportunities,
water quality, local economy, and local workforce housing at similar
levels of importance as local residents.
From- the above information, it is evident that the market mix iJf second
homes in Pitkin County is similar to that of other Colorado Ski areas. The city
of Aspen may have a slightly higher per<;:entage of second homes, in
comparison to the county;however, the Aspen area is in-line with other ski
areas in Colorado in relation to second homeowners in the area. It is also
evident that second homeowners serve as a one of the strongest economic
drivers for Pitkin County. Although Pitkin County resembles many of the
statistics in the other major Colorado Ski Counties, the city of Aspen may
differ from towns and cities such as Vail, Breckenridge, Steamboat and
Telluride; however, we were unable to find any statiStics that specifically
account for second home ownership at the city or town level. .
Our analysis of the Aspen lodging market indicates that the market is
capable of absorbing a moderate amount of new supply over the next ten
years. This analysis has not considered the additional demand that could
increase marketwide occupancies if Aspen were to target corporate incentive
meeting and group demand. In addition, to help control the type of new
hotel supply, the city could. alter the current land use code for lodging zones.
This would entail an on-mountain zone for luxury or upscale hotels and an
off-mountain zone for limited-service hotels. Changing the zones by location
would enforce the city's needs for diversified lodging facilities, given the lack
of available developable land. In addition to the zone change by location; the
average room size could be altered by zone as well. Hotel rooms have
evolved over the past few years, and the market now sees a 300-400 square
foot unit as a standard hotel room at a mid-rate property. Luxury hotels often
feature rooms of 600 or more square feet. Given the current demands in hotel
development, changing the code for average room size per unit for luxury
hotel zones would assist in encouraging development. Although a typical
room size would equate to roundly 600 square feet at a luxury hotel, this
average would not include the larger room variations of suites or one- to
two-bedroom units.
Currently the city faces numerous barriers to entry, given the high rates and
seasonality of the market, in additional to very high construction costs. In
order to offset many of these high construction costs, free market units are
often incorporated into local developments. Based on information gathered
from local hotel operators and developers, as well as our own analysis, it
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would be necessary for a free market component to equal roughly 25-35% of
the development, in order to offset the financial loss attributed to high
construction and land costs. Along the lines of free market units, the city
could encourage condo-hotel development. This type of development would
allow for nightly pillows, as well as free market units. CUITentuse restrictions
in the city would prohibit owners from using the units as residences, in turn.
keeping nightly pillows in the market.
In discussions with Dty Council, it became apparent that the community
desires to have more moderately priced rooms within the market. Given the
high cost of land and construction, a new moderately priced hotel would not
be feasible without a substantial residential component. Alternatively, a city
funded or owned hotel would require a lower return on investment than a
project targeted at market developers and lenders, and, could be
accomplished. Public sector involvement in hotel projects is becoming
increasingly common. In most communities, the desired result of public
financed hotels are the economic impact of group events and the spending of
the visitors attracted. In the case of Aspen, the desired result is to induce
more affordable lodging opportunities for prospective visitors. Although the
desired results differ, many of the concepts utilized by other cities, which are
delineated in more detail in the narrative section of our report, are quite
applicable for the city of Aspen. Alternatively, the public involvement could
also include subsidized land costs or free market units, which could offset
most, if not all, of the financial loss from the hotel development alone.
Aspen continues to be a desirable location for travel. The ski resort remains a
strong demand generator, along with the numerous events and festivals
during the summer. The ski industry currently faces high barriers to entry.
Any new potential market entrants to the industry face a particularly scarce
supply of environmentally suitable properties. New construction of a ski and
mountain resort requires 'a significant upfront capital and time investment.
The cost. can be prohibitive as any destination will require significant
invested capital in infrastructure. With the vast majority of destination ski
resorts located on federal land managed by the USPS, introduction of a new
ski resort on any federal land would require the appropriate permitting from
the USPS, a process that is time intensive and potentially unsuccessful. Over
the past ten years, there has been only one major ski resort approved for
development in the U.S. The last major ski resort to open in Colorado was
Beaver Creek, over 20 years ago. Given these high barriers to entry, it is
evident that there is a long-term strength associated with the City of Aspen,
as a result of the ski resort nature of the market.
VUf9
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
FROM:
Chris Bendon, Community Development Director
Jennifer Phelan, Senior Long Range Planner
RE:
Land Use Code Amendments - Pnblic Hearing
Commercial Zones - Ordinance No. 11, Series 2007
MEETING
DATE:
April 23, 2007.
SUMMARY:
The identity of Aspen is linked to the identity of downtown. The energy, vitality, and
character of downtown shapes the perception of what Aspen is. That identity can change
over time and successful downtowns, including Aspen's, are about evolution. Stagnation
can lead to a downtown being perceived as tired, passe, uninteresting. That is not to say
that radical changes should be welcomed - the evolution of downtown Aspen must be
managed with thoughtful intention. Aspen has a wonderful tradition of being a forward-
looking community firmly rooted in it's past.
The buildings and outdoor spaces of downtown create a sense of place and are the
backdrop to the social scene. Aspen's most successful downtown places (in terms of
where people want to be) are those where the buildings are interactive and embrace an
outdoor space. The corner of Galena and Cooper has a much different feel than the
corner of Hunter and Hyman even though these two corners are in very close proximity
to one another. The difference is both physical and in use.
Changes to the downtown are of great concern. Changes should build upon the success
of downtown and add to the energy of the place. New development should complement
the existing setting. New development should be compatible, harmonious and
appropriate. These goals are seemingly universal; however, defining harmony for
example can be tricky.
One of the goals of the moratorium from the outset was to define expectations of
downtown development - remove some of the vagueness and uncertainty. 'In order to
achieve the future we want we need to be able to describe it.' There has been
disappointment expressed about the degree of 'arm wrestling' occurring over the design
of buildings and their uses. This too seems universal.
Zoning defines the allowable uses, ratios of use, and the basic physical allowances of
development. The Design Standards (a separate ordinance) guide the character of
individual projects and define expectations with respect to design.
Commercial Zoning - Ordinance No. 11, 2007 - April 23'd
Page 1
The proposed Ordinance amends the City's five commercial zone districts. The ordinance
lowers heights, mandates variation in building heights, lowers FAR, establishes
maximum residential unit sizes, mandates a commercial-to-residential use-mix ratio, and
more than triples the current affordable housing requirement. Staff believes the
combination of amendments addresses the concerns that have been expressed over the
past year about the evolution of downtown. The Planning and Zoning Commission
recommended approval of these changes by a unanimous vote (6-0).
The ordinance does not implement a Community Commercial or Locally-Serving
Commercial requirement. While use is an ingredient to great places and City Council has
been clear on downtown commercial mix being an important issue, there is not yet
sufficient direction on this matter for staff to formulate legislation. The moratorium on
oowntown development (the second moratorium) will not expire on May 31st and this
additional time will allow work on this important issue to continue.
Staff recommends City Council consider the proposed Ordinance in relation to the other
proposed amendments, conduct the public hearing, gain clarity on the proposal, and
direct staff accordingly. Absent desired changes, staff believes the ordinance is ready for
adoption but does have continued public hearing dates reserved for continued discussion
on the matter.
DETAIL OF AMENDMENTS:
Following is a description of the significant policy changes that are proposed in this
Ordinance. The Ordinance contains a series of "numbered flags" that relate to the notes
below:
.
Staff is recommending the height in the Commercial Core be a range of 38 to
42 feet. The text now reads "38 feet, which can be increased to 42 feet
through Commercial Design review." This same approach of specifYing the
lower height in the range increasable through the design review process is
recommended throughout the zone districts.
Staff does not believe the height in the Commercial Core should be lowered
below the 38-42 range feet for a few reasons: 1) It is important to maintain a
range of heights in this zone and provide for a gracious first floor space. A
36-foot building likely provides a 10-foot maximum first floor space. With
lighting, air handling, etc. this could effectively be reduced to 8 or 9 feet.
Staff does not believe this creates the quality of space necessary for the range
of uses desirable for downtown - retail, restaurants, nightclubs, etc. 2) 1fthe
concern is massing, a reduction in FAR will have a much greater effect on
reducing mass than lowering height.
Commercial Zoning - Ordinance No. 11,2007 - April 23'd
Page 2
.
.
.
.
.
.
In the C 1 Zone, staff is recommending lowering the height to a 36 to 40 foot
range. The ground floors on these spaces are typically offices or retail and the
first floor height of the space is less of an issue.
Staff is recommending the total FAR in the Commercial Core be lowered to
2.75:1. This is consistent with the recommendations made by Nore Winter in
the Commercial Design Guidelines.
A new lodging FAR has been created that permits a base-level amount of
lodging with significant incentive for smaller units. In a separate provision,
the amount of free-market residential FAR has been halved. The provision
allows for an increase in this free-market housing with a 1: 1 provision of
affordable housing. This represents more than a tripling of the housing
mitigation. (From 30% of free-market residential to 100% of free-market
residential. )
For the CC and C 1 Zones, staff is recommending a 2,000 square foot
residential unit cap with the ability to increase to 2,500 by extinguishing a
TDR. In NC, SCI and MU, staff is recommending a 1,500 square foot
residential unit cap with the ability to increase to 2,000 by extinguishing a
TDR Ultimately; staff believes this will both encourage residential density and
help the preservation of historic landmarks in a manner that does not add mass
to projects.
In the CC and C1 Zones, staff and P&Z are recommending a maximum lodge
unit cap of 1,500 square feet.
The ratio between commercial and residential development is important in
maintaining a healthy mix of uses in commercial districts. Staff believes that
the market pressure for free-market residential space is so strong that without
such a provision commercial space would be replaced by residential space,
ultimately resulting in an imbalance of uses and a decrease in commercial
vibrancy.
The "transition" quality of the C1 Zone is important, but the current zoning
description leaves it meaning up for interpretation. Staff has experienced that
many people have their own impression of what this word should mean and
how it should affect the zone. Staff is proposing that the language define how
the transition idea has been implemented. This text is a suggested way to say
how the transition idea has been incorporated into the C1 Zone.
Staff is recommending the removal of this rehearsal or teaching studio use in
the SCI District. This use definition is "hair-splitting" and staff believes it
should be treated as a professional office.
Staff recommended to P&Z the removal of Design Studio (Architect's office)
from the SC1 zoning. Staff provided a range of options and the ordinance
reflects P&Z's preferred option. There was agreement on two fundamental
Commercial Zoning - Ordinance No. 11,2007 - April 23'd
Page 3
.
points - 1) The need to eliminate the "floating 9,000 square foot cap" for this
use. This was because it represents a right of the tenant and not of the
property. Staff feels that this floating allotment could generate a lively (but
unwanted) property rights discussion if a tenant were to "move" the right to a
different space. And, 2) the need to either include Office uses or not include
Office uses, but to not differentiate Design Studio as a special class of office
users. The options presented to P&Z were:
A - Remove Design Studio use from SCI. This will allow existing uses to
continue and prevent new Design Studios, expansions, or relocations. "DesiE:R
Studie slleh that the telal eet leasable sallare feotage deveted Ie sueh Ilse withie
the eetire zeHe district dees eet e"eeed 9.909 sauare feet."
B - Keep Design Studio as a permitted use, subject to limitations. "Design
Studios in existence orior to the adootion of Ordinance No. . Series of 2007.
mav continue but shall not be exoanded or relocated. No new Design Studios
shall be established. DesigH Studie such that the tetal Het lcasable sauare
foetoee deveted te slleh use withiH the emire ZOHe dislriet dees Het e"ceed 9.999
square feet."
C - Allow Design Studio use with no limitation. This would permit Design
Studios in all areas of the SCl district. "Design Studio sueh that the total net.
leasable Saliere footage devoted te sueh Ilse '.yithie the eHtire LeHe distrist dees
Hot e"eeed 9.9QQ saliare foet."
D - Allow Office Uses with no limitation. This would expand the range of
businesses that could occupy these spaces. "Office Uses. Desige Sludio sueh that
the tetal Het leasable sauare feotage dcvoted to sueh use withiH Ihe eHtire LeHe
district dees Hot e,weed 9.0QQ sallare feel."
D (Recommended by P&Z) - Allow offices only on Upper Floors. "Office Uses
on UDDer Floors. Offices on the Ground Floor in existence orior to the adoption
of Ordinance No. . Series of 2007. mav continue but shall not be exoanded or
relocated. Desige 8tlidie sueh that the total Het leasable sauere foetage devoted
to slieR l:ise \yitltiR the eRtire Z6fle distriet Bees Ret eneeea9.e9g sauare feet."
E - Allow 'incubator' Office Uses with a limitation on the size of each individual
space. "Office Uses orovided anv individual office soace not exceed 500 Net
Leasable SQuare feet. Desige Studio sueh that the letal eet leasable sallare
f<letage devoted te sueh Ilse withie the emire ,,"He distriet dees eet e"eeed 9.QOO
saaare feet."
Staff is recommending the removal of the use Art Studio with Residence from
SCI. Staff believes the market pressure for residential development will lead
to abuse of this "ancillary" use and that the "residence" will become the
primary use. It is also nearly impossible to enforce whether a resident is an
"artist."
Commercial Zoning - Ordinance No. 11,2007 - April 23'd
Page 4
.
.
.
.
Based on P&Z's recommendation, staff has amended the recommendation on
height by suggesting that the base height be 35 feet increasable to 40 through
Special Review. Staff has originally proposed 32 to 38 and use of the
Commercial Design Review process. In either circumstance, the additional
height is for greater first floor heights.
Staff suggests reverting back to the existing text (it is shown as plain text) for
free-market residential FAR. This FAR allowance is only available if a
minimum amount of commercial space exists on the parcel. This is different
from other zone district recommendations where an affordable housing to
free-market housing ratio is sought.
The proposed 28 to 32-foot height range in the NC and MU Zones is
consistent with Nore Winter's recommendation.
This section does not implement a lower FAR for single-family development
upon demolition and replacement. Staff had originally proposed such a
reduction upon demolition. P&Z did not believe this was necessary in the MU
Zone. The current version allows for these scrape and replace projects to
maintain the full FAR schedule and only implemented a reduction for new
(meaning there was never a single-family there before) single-family
residences.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"1 move to continue Ordinance No. 11, Series of2007, to April 24, 2007."
ALTERNATE MOTION:
"I move to approve Ordinance No. 11, Series of2007."
Commercial Zoning - Ordinance No. 11,2007 - April 23'd
Page 5
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ORDINANCE No. 11
(Series of2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND
SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN
MUNICIPAL CODE: 26.710.140 - COMMERCIAL CORE (CC) ZONE DISTRICT;
26.710.150 - COMMERCIAL (Cl) ZONE DISTRICT; 26.710.160 - SERVICE
COMMERCIAL INDUSTRIAL (SCI) ZONE DISTRICT; 26.710.170-
NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT; AND, 26.710.180-
MIXED-USE (MU) ZONE DISTRICT.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code
related to multi-family development, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to the following Chapters and
Sections of the Land Use Code, Title 26 ofthe Aspen Municipal Code:
26.710.140 - Commercial Core (CC) Zone District
26.710.150 - Commercial (C1) Zone District
26.710.160 - Service Commercial Industrial (SCI) Zone District
26.710.170 - Neighborhood Commercial (NC) Zone District
26,710.180 - Mixed-Use (MU) Zone District; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Community Development Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of commercial and mixed-use
buildings and districts in and near downtown; and,
WHEREAS, in order to encourage a continued social vitality of commercial areas
and a long-term sustainability of the local economy certain development incentives are
available for free-market residential development upon provision of additional affordable
housing development; and,
WHEREAS, as an additional means of encouraging a social liveliness and high
occupancies, a maximum residential unit size has been implemented; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. The focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city by intensification of land uses within the downtown.
Ordinance No. II, Series of 2007.
April 23'd
Page 1
. The retention of existing commercial and lodging uses.
. An increased vitality ofthe downtown retail environment.
. The rejuvenation of aging commercial properties.
. The preservation of historic resources through the transfer of development rights.
. The development of mixed-use buildings with housing opportunities for locals.
. The development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability ofthe local social and economic conditions.
; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
Text being removed is red and strikethrough. +el<t--bcing rCI11O\ cd 1001,,, li"''-4~
Text being added is red and underline. Jext beilllUldded looksJ_lli.sUlu.'h
Text which is not highlighted is not affected.
; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 27,
2007, and April 2, 2007, took and considered public testimony and the recommendation of
the Community Development Director and recommended, by a_ to_ C-') vote, City
Council adopt the proposed amendments to the land use code by amending the text of the
above noted Chapters and Sections ofthe Land Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the Planning and Zoning Commission, and has taken and considered public comment at
a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Ordinance No. 11, Series of2007.
April 23 cd
Page 2
Section 1:
Section 26.710.140 - Commercial Core (CC) Zone District, which section regulates
development within the Commercial Core Zone District, shall read as follows:
26.710.140 Commercial Core (Ce).
A. Purpose. The purpose of the Commercial Core (CC) zone district is to allow the use of
land for retail, service commercial, recreation, and institutional purposes within mixed-use
buildings to support and enhance the business and service character in the historic central
business core of the City. The district permits a mix of retait, office, lodging, affordable
housing, and free market housing uses oriented to both local and tourist populations to
encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of
buildings while residential and office uses are not permitted on ground floors.
B. Permitted uses. The following uses are permitted as of right in the Commercial Core
(CC) zone district:
I. Uses allowed on Basement Floors: Retail and Restaurant Uses, Office Uses, uses and
building elements necessary and incidental to uses on other floors.
2. Uses allowed on the Ground Floor: Retail and Restaurant Uses and uses and building
elements necessary and incidental to uses on other floors. Office Uses are prohibited on
the Ground Floor except within spaces set back a minimum of 40 feet from a Street and
recessed behind the front-most street-facing fayade. This prohibition shall not apply to
Split-Level Buildings (see definition). Parking shall not be allowed as the sole use of
the Ground Floor.
3. Uses allowed on Upper Floors: Retail and Restaurant Uses, Office Uses, Lodging,
Timeshare Lodge, Affordable Multi-Family Housing, Free-Market Multi-Family
Housing, home occupations.
4. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Arts Cultural and Civic Uses, Public Uses,
Recreational Uses, Academic Uses, child care center, accessory uses and structures,
storage accessory to a permitted use, uses and building elements necessary and
incidental to uses on other floors including parking accessory to a permitted use,
farmers market provided a vending agreement is obtained pursuant to Section
15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Core (CC) zone district, subject to the standards and procedures established in
Chapter 26.425:
I. Gasoline service station;
2. Commercial Parking Facility, pursuant to Section 26.515,
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Core (CC) zone district:
Ordinance No. 11, Series of 2007.
April 23'd
Page 3
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (square feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6, Minimum rear yard setback (feet): No requirement
, l,,~( .'.)1
'I.
feet 1'\1 lim'!.>
('j"<[U{', \'
',' [(,'1',\ (:J5:1): ;~' ii i c,
),' ~,' ( I,w all areas (,r thepropert-y,- -\6 feet I)" areas
set-l3tteh~-!*"HH+lFe-f",,+--t-f;tm-THt-I-it+etHtJi+H;l-iH~.aJ.;ffi'el--r;'C'>-\1-!-e-I'---wtty ,
j\,:'Minimum distance between buildings on the lot (feet): No requirement.
9-,,1 ii, Pedestrian Amenity Space: Pursuant to Section 26.575.030.
-1(",:, Floor Area Ratio (PAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR 00,
a. Commercial Uses: I",' I ',whi€ll- IHlty-l1e--itlHea9"Uftl-L-1 il'aflHrflahle-11HH,*,g
eq 1I a I t" 6(J!)4,.-of~tJl<.~-adei-tiHflil-l~-€'HHff\'-'ft'-illi-J-1HHt'-aFea---i-"--<cIc'vl'k'fk'CI--+'ll-tlte--sHfH€
parcel. (Fur c\ample: a pruject II itfHl--€ul11lTwrciul F.\I{-~: I IIlU;t "L.u il1c+utle
aHlffililhle.. housing I' A.i{...{)f ,3' 1,)IC~jstiHg-\t)f*,,'- to -fetkvclHpmcnl) ..€omHH'rcial
FAR-tTltlj'--bc rcp lac ell,-5tI-l+jt'L't--tH--fl€kfu""*'-tI~H'-ttt-+>y--!I~:t!y--Z-Hlljltgct:-*I~t'-pfiHf
h,-demoliti\-tft
b. I ,cd!,il1g-,-Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic
Uses, child care center, and similar uses:+~1
c. Affordable Multi-Family Housing: No limitation.
d,\ Free-Market Multi-Family Housing:
'1'
." l,ree-Murkdl't"itk-IHial-I'AR shall be a\'0"Hlf1~d
by ufl11rdable huu:;il16 (k\clopmcHt--Hf---m~lllilll1 PUFc;UattI-1-t+-+he-reqllirclllcnL or
~J0tilll1-;J-(r.47+HllOJl. I. F~>i!'-fttfiBf-h' rede\~I(~_!-)--+re" Ill"rl,el rc ffientinT
FAJ:?--tooy--!*, -t'ephle"(+--sHl+ieeH(H1Ek(I",,~,,(jb'€tttt'l1t-lly-+ln:--(-~1y--/""Hiflg(-fj'Ht'ff-t1",,,r
tB---."..-t!€fH\;Htti(+H-:,--"- --\-v-t+h---H(t----~-flftliHeH-S-Hf{..H.e----itfff\fJ.a.8_I_\._....---tt+Htsftt.J'-",,-M:Xttt~H.'ttK.'ttl-;
H:tXlltireHlBnts--{-+f -1 h e- Nluhi-l: anti +;: -I,\() il ~ in? H-t'-P~iH;,eIHt.~nll)r{,)-gralH;Se(l,+i{)n:?6;S;t 'e
mHy--app I y .
II,
This maximum shall
Ordinance No. 11, Series of2007.
April 23'd
Page 4
.
.
apply to Free-Market and Affordable residential units and shall be measured pursuant to
the definition of Net Livable Area on a per unit basis. ' ' " I,,,,,.
total "::'d.", ~ :;;;d free-market
shall be no greater than the total above grade ~!
;\::C:Lassociated with the uses described in Section 26.710.140.D.+il.'..'.. a and b
combined on the same parcel
Section 2:
Section 26.710.150 - Commercial (C1) Zone District, which section regulates development
within the Commercial Core Zone District, shall read as follows:
26.710.150 Commercial (Cl).
A. Purpose. The purpose of the Commercial (CI) zone district is to provide for the
establishment of mixed-use buildings with commercial uses on the ground floor, opportunities
for affordable and free-market residential density;-i-+~w-ifle--it--\ transition between the
commercial core and surrounding residential neighborhoods
:-l i~.. [; i :,> t~,~ '
: ~ i ! (
I'
B. Permitted uses. The following uses are permitted as of right in the Commercial (C1)
zone district:
I. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-
Market Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses, Public
Uses, Recreational Uses, Academic Uses, child care center, bed and breakfast,
accessory uses and structures, uses and building elements necessary and incidental to
uses on other floors including parking accessory to a permitted use, storage accessory to
a permitted use, farmers market provided a vending agreement is obtained pursuant to
Section 15.04.350(B). Parking shall not be allowed as the sole use of the Ground Floor.
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial (CI) zone district, subject to the standards and procedures established in Chapter
26.425:
I. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, or
home occupations on the Ground Floor.
Ordinance No. II, Series of 2007.
April 23'd
Page 5
2. Commercial Parking Facility, pursuant to Section 26.515;
3. For historic landmark properties: Detached residential dwelling, two detached
residential dwellings, and duplex dwelling.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial (C I) zone district:
I. Minimum lot size (sQuare feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: 3,000.
b. All other uses: No requirement.
2. Minimum lot area per dwelling unit (sQuare feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
3. Minimum lot width (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
4. Minimum front yard setback (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
5. Minimum side yard setback (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement.
6. Minimum rear vard setback (feet):
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses: No requirement shall be required
ahuH;ing..a~'yC;'.pllfSlt;.tnl"'ftlSeC-lt(iH-2-(-'I;~7?',O(}~l;-
l"c:Maximum height:
a. Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
b. All other uses:
c ;'c-' j1'~::: ~
! J\ be
"-&-*et-Iur :;1')I)&~~,-Ful
~q.Minimum distance between buildings on the lot (feet):
a, Detached residential dwelling, two detached residential dwellings, duplex dwelling,
and bed and breakfast: Same as R6 zone district.
Ordinance No. 11, Series of2007.
April 23'd
Page 6
.
.
.
b. All other uses: No requirement.
9.1!) Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
J-(}, i I Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum FAR
of~+'~; i
a. Commercial Uses: 1.5:L---I-I--h-i<>lt--mav--oe--itl8'<:liht'{1--lB--'2: I if an'1!'(lahle h"u.;ing
l'.t:t-H-all{,,,,,,,,(}(,l,Q,"t\',,,,\)f:-+h0addil,t'(Hla.JC{Hnfn0t~~ial",,,,f.l{'(H"aJ'Ba-i~d0vcl()ped-()nth{;>"""sam{'
f*H""l---++;Bf-\-*antpkf-*f'Hl:~f--w-i!T\-B-H>tftHtt"C*"a1,-+AR-+tf-b-I--ffiU IiI a I. ,0 tHelud"
afl~'tn.tahlt'-fH)usi n g r-A R-H-f-;3:.I".'J .. ,t';xi~ling{I)Fi(H' t \) 1't'J-e-v0h-lpnlenl}'\;,(}\HfFlcl\Jia I
l-!\RIH~'!'€t'iacc(L sul>teeHo ackHowJed~Cl1k'l11 hy the ('ily-I<+R'ngOfll('€rp!'ior
todeH'Io-~it ion.
b. Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses, Academic
Uses, child care center, and similar uses: ';; I
c. Affordable Multi-Family Housing: No limitation.
<h' ,Free-Market Multi-Family Housing:
i
m~ ~1arLct r0K-kntial+\R I;hall ~eompanie4
hy-afh~-*)H"it+g--tlc\'flo pIH~-miti-t,'at-iHft---j'1Hf'itlilt\I-l+Hhe rcqu irl'metHfi--Hf
Scctioll -2-1r.4'l(HJ44TJ+--T~"jewht----f!-m-)"---I+e---~---f;';~ (prior to
redevelopmem). . tJcee-rnarket.-resid"nt iaj-- ~;AR - -may oe .... rcp*<)d, ... subject. h'
/'If,in;t -Oflieer pciH!' /('rkrn,tl-it-ion,-witl1110
0{Hn+HeHsHHlle--an~":.rdah-IB-rH+llS.fl:g:--retl"t'ff(+lll-err{;-""Re(lH1f('-H-l-en+S{tr+l-l~---I'r1-H-t+-H-~m-i+:
lltfHsingRep!at'€n-lt>Ht t)H'1;::rarn;",S0Clt\)H-26c"f\,,~O;lnaYHI')rtt :-.
Detached residential dwellings, Duplex dwellings, and bed and breakfast (as the
sole use of parcel and not cumulative with other uses): 80% of allowable floor area
of a same-sized lot located in the R6 zone district. (See R6 Zone District.)
Extinguishment of Historic TDRs shall not permit additional FAR for single-family
or duplex development.
!.' I"Maximum Mulu I '''!i!i/; Residential Unit Size (sQuare feet!: 2,000 ,,\hKh m;:}
. This
shall be
:",':)
iJ;.,'''
.,." Ii :',
maximum shall apply to Free-Market and Affordable residential units and
measured pursuant to the definition of Net Livable Area on a per unit basis.
H
Ordinance No. 11, Series of2007.
April 23'd
Page 7
ill!!' The total "",! free-market !It n'"et
[.livable SIJil€€ shall be no greater than the total above grade
associated with the uses described in Section 26.71 0.150.D. I (I . a and b combined on
the same parcel.
Section 3:
Section 26.710.160 - Service/CommerciallIndustrial (SCI) Zone District, which section
regulates development within the Service/Commercialllndustrial Zone District, shall read as
follows:
26.710.160 Service/CommerciallIndustrial (SCI).
A. Purpose. The purpose of the Service/Commercialllndustrial (SCl) zone district is to
preserve and enhance locally-serving, primarily non-retail small business areas to ensure a
more balanced permanent community; to protect the few remaining such small business parks
historically used primarily for light industrial uses, manufacturing, repair, storage and servicing
of consumer goods, with limited retail, showroom, or customer receptiun areas. The SCI zone
district contains uses that may not be appropriate in other zone districts or do not require or
generate high customer traffic volumes, and permits customary accessory uses.
B. Permitted Uses. The following uses are permitted as of right in the
Service/Commercial/Industrial (SCI) zone district. h'''<1* fitS noted below, each of the
permitted uses may have, in combination, no more IhRt1 !\wnly-livc-fZIi) : percent of the
floor area devoted to retail sales, offices, showroom, or customer reception, and such uses shall
be ancillary to the primary commercial use. This floor area percentage may be increased
through Special Review by the Planning and Zoning Commission, pursuant to Section 26.430,
and according to the standards of Section 26.710.160(E).
SCI Uses which mav use up to 100% of the floor area for retail sales. offices. showroom. or
customer reception:
1. Manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such as:
a) Building materials, components, hardware, fixtures, and equipment.
b) Household appliances such as ranges, refrigerators, dishwashers, etc.
c) Automobiles,! 1, ",.I:C: ,!
motfH"j,les, including parts.
d) Fabric and sewing supply.
SCI Uses which may use. in combination. up to 25% of the floor area for accessorv retail sales.
offices. showroom. or customer reception:
I. Manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as:
Electronic equipment; floral arrangements; furniture; clothing; or sporting goods.
2. BlI i Id i n;;.:Tamb,,-itj'1e-nmi f\!eHH",€€jiK~!Hv:
3. Typesetting and printing, including copy center.
Ordinance No. 11, Series of2007.
April 23 rd
Page 8
.
.
.
4. Photo processing laboratory.
5. Locksmith.
6. Post Office branch.
7. Shipping and receiving services.
8. :\lIlomobil~ '.'.a~;hi++g--ffi€i-lit;r.
9. Catalogue sales store.
10. Laundromat.
II. Commercial dry cleaning.
12. Recycling center.
13. Artist studio,
] 4. -Rdl€-Hf;;;alt'>f-4-€-a€11t-ng" '-'4HB-H-'l-4~+r-l-he"€n.:.'-a1:-i\-t;;.:"""f)€,Ft(H'lntng: (H' --rn-arli-af--Hrl-s-w-t-th-HH' 11Uhhl'
p~f-l{wIl1RIlC~S,-CThis shall fJ0nnit H pmhihit ,\.'kdi0Hl Clinics aHtJ
-HI-HeYi- eltlbs-,
15. Veterinary clinic.
16. Animal boarding facility.
17. Animal grooming establishment.
18. Brewery and brewing supply.
19. Coffee roasting and supply.
20. Commercial Kitchen or Bakery.
21.\)./ arehHu-sttl-g-an(lsl+wage;
;11.Sen ice -j-_J-flwe.;.;ury to "i"'-'HH-itt"4-,,,*,
2-f;SaJes-alHln.:Hla,!""a€€\?S-Sttf}"""alttJinct.(le-n1.-a-t-lH--n---rt..'fHl-iHt!fJ"H-s0;
A_B0e-S~-1FY.-BHt-k+i-Hg-s--d+H.l-HS€"";
\i,'\
(iiLl
,_\
)';:"
.l'<t;
~'t~ I ~.CH :"e1+-j7t'HHiHeth
]. J~~Aag~::"~J~y\:~~~~I,,:lt,):?:!:!:~Jl,Ji?'~:y...illtil)
fh'Hmfjre--Hln,,_'E:;tric.t d_oe:, n'!L<:~,,'~')J.j()H:-'ill!Hm'-.heel. _ ,lith +hat-the--lt>Iill:flC'-f lea:;ahl"
Ordinance No. 11, Series of 2007.
April 23'd
Page 9
~tt'B-lil<)la"" <kVOle6 ~n-",,;T+ H-",,-=,,~it-hit1 the entire -lOl1e (~i;.lt'i8--doc' 11(,t ncccd 9.000
:'U:!E:Ij_-".:l~Tl.
2. 11B11-'" occupatH"b,
C. Conditional uses. The following uses are permitted as conditional uses in the
Service/Commercial! Industrial (S/C/I) zone district, subject to the standards and procedures
established in Chapter 26.425. The Commission shall establish the appropriate amount of floor
area I." he devoted to retail sales, office, showroom, or customer reception for each conditional
use during the review.
I. Consignment retail establishment.
2. Commercial Parking Facility, pursuant to Section 26.515.
3. Gasoline service station.
4. Affordable Multi-Family Housing on Upper Floors.
. ~: ~:::~a~~;~~~~:j-'~f::~~r,~o.~~;~~!~~, ~~~~;'t~O~~HS
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Service/Commercial! Industrial (S/C/I) zone district:
1. Minimum lot size (sQuare feet): 3,000
2. Minimum lot area per dwelling unit (sQuare feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): No requirement.
5. Minimum side yard setback (feet): No requirement.
6. Minimum rear yard setback (feet): No requirement.
.
I::
:J-:;. Maximum height: 35 feet, which may be increased to 40 feet through one of the
following options:
a) An additional 5 feet of total height may be approved, pursuant to Special
Review, Section 26.430 and according to the standards of Section
26.710.160(E), if a minimum of.75:1 Floor Area Ratio ofSCI uses exists on the
same parcel. (Also, see Floor Area Ratio below.)
b) An additional 5 feet of total height may be approved, pursuant to Special
Review, Section 26.430 and according to the standards of Section
26.710.160(E), to increase first floor ceiling height.
Wi. Minimum distance between buildings on the lot (feet): No Requirement.
Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
I-flU .Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively
up to a total maximum FAR of2:1.
a) Commercial Uses 1.5: 1.
Ordinance No. 11, Series of 2007.
April 23'd
Page 10
.
b) Affordable Multi-Family Housing: .5:1.
c) Free-Market Multi-Family Housing: .5:1, only if a minimum of .75:1 FAR of
commercial uses exist on the same parcel.
.
E. Special Review Standards. Whenever the dimensional standards of a proposed
development within the SCI Zone District are subject to Special Review, the development
application shall be processed as a Special Review, pursuant to Section 26.430, and shall be
approved, approved with conditions, or denied based on conformance with the following
criteria:
I. To increase the allowable height the applicant shall demonstrate the need for additional
height, the appropriateness of the additional height and massing considering the context in
which the building will be developed, and shall demonstrate consistency with the purpose
of the SCI Zone District. Five (5) feet of additional height may be approved as an incentive
to either develop a minimum of .75:1 FAR ofSCI business space or to increase the usable
floor-to-ceiling height of the ground floor. The height increase shall not be used to
accommodate additional ceiling height for residential uses. Only one five-foot height
increase may be approved, even ifboth development options are taken.
2. To increase the allowable percentage of interior space assigned to retail, showroom, or
customer reception area, the applicant shall demonstrate the need and appropriateness for
such additional space and shall demonstrate consistency with the purpose of the SCI Zone
District. The approved additional percentage for a specific use shall be limited to that use
and not applicable to subsequent uses in the same space.
Section 4:
Section 26.710.170 - Neighborhood Commercial (NC) Zone District, which section regulates
development within the Neighborhood Commercial Zone District, shall read as follows:
26.710.170 Neighborhood Commercial (NC).
Ordinance No. 11, Series of 2007.
April 23'd
Page 11
A. Purpose. The purpose ofthe Neighborhood Commercial (NC) zone district is to provide
for the establishment of mixed-use buildings with commercial uses serving the daily or
frequent needs of the surrounding neighborhood, thereby reducing traffic circulation and
parking problems, to provide opportunities for affordable and free-market residential density,
and to provide a transition between the commercial core and surrounding residential
neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) zone district:
I. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-
Market Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses, Public
Uses, Recreational Uses, Academic Uses, child care center, bed and breakfast,
accessory uses and structures, uses and building elements necessary and incidental to
uses on other floors including parking accessory to a permitted use, storage accessory to
a permitted use, farmers market provided a vending agreement is obtained pursuant to
Section 15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing, or
home occupations on the Ground Floor.
2. Commercial Parking Facility, pursuant to Section 26.5] 5;
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Neighborhood Commercial (NC) zone district:
1. Minimum lot size (square feet): No requirement.
2. Minimum lot area per dwelling unit (sQuare feet): No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front vard setback (feet): 5.
5. Minimum side vard setback (feet): 5,
6. Minimum rear vard setback (feet): 5. ~a tr:dl'utili17 :;en'ice Lll'ea : hall be required,
fHtf5uantto Section 2(,,;; 7" Alii\),
~1"
8'1. Minimum distance between buildings on the lot (feet): No requirement.
<) Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
Ordinance No. 11, Series of2007.
April 23'd
Page 12
.
.
Floor Area Ratio (F ARt
The following FAR
maximum FAR of 1.5:1.
a) Commercial Uses: I: 1.
schedule applies to uses cumulatively up to a total
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, and similar uses: 1:1.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing""~'+'--
:11,,1,:,[.,.:(1
The total free-
market residential Floor Area on the parcel shall be no greater than the
total Floor Area attributed to the uses described in sub-section
26.71 0.170.D.1 O.a and b, above, located on the same parcel.
1,--~' .
"",_,:, i ,,_ , This
maximum shall apply to Free-Market and Affordable residential units and shall be
measured pursuant to the definition of Net Livable Area on a per unit basis.
Section 5:
Pursuant to Section 26.710.180 - Mixed-Use (MU) Zone District, which section regulates
development within the Mixed-Use Zone District, shall read as follows:
26.710.180 Mixed-Use (MU).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety
of lodging, multi-family, single-family, and mixed-use buildings with commercial uses serving
the daily or frequent needs of the surrounding neighborhood, provide a transition between the
commercial core and surrounding residential neighborhoods, and to provide a variety of
building sizes compatible with the character of the Main Street Historic District.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU)
zone district:
1. On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood
Commercial Uses, and Bed and fjhreakfast.
2. Service Uses.
Ordinance No. 11, Series of2007.
April 23'd
Page 13
3. Office Uses.
4. Lodging, Timeshare Lodge, Exempt Timesharing.
5, Arts, Cultural and Civic Uses.
6. Public Uses.
7. Recreational Uses.
8. Academic Uses.
9. Child care center.
10. Affordable Multi-Family Housing.
11. Free-Market Multi-Family Housing.
12. Single Family Residence.
13. Duplex Residence.
14. Two Detached Single-Family Residences.
15. Home occupations.
16. Accessory uses and structures.
17. Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the Mixed-
Use (MU) zone district, subject to the standards and procedures established in Chapter 26.425:
1. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Mixed-Use (MU) zone district:
I. Minimum lot size (sQuare feet): 3,000.
2. Minimum lot area oer dwelling unit (square feet):
a. Detached residential dwellings: 4,500. 3,000 for Historic Landmark
properties.
b. Duplex dwellings: 4,500. 3,000 for Historic Landmark properties.
c. All other uses: Not applicable.
Minimum lot width (feet): 30.
3.
4.
Minimum front vard setback (feet): 10, which may be reduced to 5, pursuant to
Special Review, Section 26.430.
Minimum side vard setback (feet): 5.
Minimum rear yard setback (feet): 5.
5.
6.
-
/
;'1
\
Maximum height:
a. Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, Multi-Family,
and Mixed-Use Buildings: 32f""L
b. Detached residential and Duplex dwellings: 25 feet.
g,/. Minimum distance between buildings on the lot (feet): 10.
t) Pedestrian Amenity Space: Pursuant to Section 26,575.030.
Ordinance No. 11, Series of 2007.
April 23 cd
Page 14
IOi 1. Floor Area Ratio (FAR):
A. The following FAR schedule applies to uses cumulatively up to a total
maximum FAR of2:1. For properties within the Main Street Historic District,
this maximum cumulative FAR shall be 1: 1, which may be increased to 1.25: 1
by Special Review, pursuant to Section 26.430.040,A.
I. Commercial; Lodge; Timeshare Lodge, Exempt Timesharing; Arts, Cultural
and Civic uses; Public Uses; Recreational Uses; Academic Uses: .75:1,
which may be increased to I: I by Special Review, pursuant to Section
26.430. 040.A.
.
2. Affordable Multi-Family Housing: No limitation, other than the cumulative
FAR limit stated above.
3. Free-Market Multi-Family Housing: ,75,-1-,-whidIIlHtj1JeIHereaS€\lli,-I- l-hy
bl'et'ial-Rev iew'---fllt rSHHlH-'toi'ic€titHl- 2{,A-:>lJ, 040, A ,-- _ I ,
1L'~ ... ;11 ;1,,- :--~'t.
;, . i' ::rhl'--to+a! fr.;;B-
(Hal'kcH-e.,;Jet,tiitll,I",+t-A+t':! "" 1hc flitrc-e-I-shtt-l-l-he !In-,;r"at"!' thatl-ffuH+>ta!
F!"or "\rt'H a!triIHllcd-- --In - -the
.
B. The following FAR schedule applies to single-family and duplex uses when
developed as the only use of the parcel:
I. Detached residential and Duplex dwellings established prior to the
adoption of Ordinance 7, Series of 2005: 100% of the allowable floor
area of an equivalent-sized lot located in the R6 zone district. (See
- R6 Zone District.) Receipt of a Development
Order shall constitute the date the use was established. Replacement
after Demolition shall not effect a new establishment date for the
purposes of this section. City of Aspen Historic Transferable
Development Rights shttTl-fl{\! T1e-"'''tiltgtlisllt't+-i n-tTWi-i'\ffiC-4t5tf-ie-!-itH\T
shall not permit additional floor area:
2, Detached residential and Duplex dwellings established after the adoption
of Ordinance 7, SerieS of 2005: 80% of the allowable floor area of an
equivalent-sized lot located in the R6 zone district. (See
, p R6 Zone District.) City of Aspen Historic Transferable
Development Rights shall not be CJ.till;;ui,;hcd -in---fl-th zone diC:lricl nnd
shalt-Hot-permit additional floor area ,:'-,:
!,\
II Maximum Residential Unit Size (square feet): 2,000,
! i
>F ( Ij;; '-'~liTj1 This maximum
shall apply to Free-Market and Affordable residential units and shall be measured
pursuant to the definition of Net Livable Area on a per unit basis, but ,idi , _
Ordinance No. 11, Series of2007.
April 23'd
Page 15
I:; (
Section 6:
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 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 8:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 9:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 10:
This ordinance shall become effective thirty (30) days following final adoption.
Ordinance No. 11, Series of 2007.
April 23'd
Page 16
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest:
Helen K. Klanderud, Mayor
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of ----> 2007.
Attest:
Helen K. K1anderud, Mayor
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
Ordinance No. 11, Series of 2007.
April 23'd
Page 17
Vlllh
MEMORANDUM
TO:
Mayor Helen Klanderud and Aspen City Council
Aspen Planning and Zoning Commission
FROM:
Jessica Garrow, Planner
THRU:
Chris Bendon, Community Development Director
RE:
Public Hearing, Ordinance 12, Series 2007 - MisceIlaneons Code
Amendments
MEETING
DATE:
April 23, 2007
This memo outlines proposed miscellaneous Code Amendments from Sections 100,200,
300, 400, and 500 of the Land Use Code. The Amendments are intended to clarify
section of the Land Use Code related to the Moratoria, to clarify general sections of the
Land Use Code, and to make grammatical and punctuation corrections,
Text that has been added looks like this: bold I.!reen and undcrlined
Text that has been deleted looks like this: bold rcd with strillcth<<tugl.
For this discussion, Staff will be referring to the attached document containing the
proposed miscellaneous code amendments. As with previous memos, the amended
sections have a number box next to them that corresponds to a number box in this memo.
These numbered boxes are purple, and look like this: f~ll
There are a few changes Staff would like to highlight. First, added to all Review Bodies
is language clarifying when an action has occurred. All Review Bodies are required to
make an action on all Land Use cases. The added language (purple boxes 9 and 10
below) ensures the record is clear, and creates parity between the Review Bodies.
Second, a Hearing Officer has been added to the Land Use Code. This person(s) is
appointed by the City Council and would hear appeals from administrative decisions (see
purple boxes 12 and 13 below). This power is removed from the Board of Adjustments
(BPA) to allow the BOA to focus on hardship variances.
Finally, added to the Miscellaneous section of the Land Use code (section 26.575) is a
provision granting the Community Development Director the ability to conduct a lodge
Audit (see purple box 46 below). This audit enables the City to gather information on
lodge operations after a Certificate of occupancy is issues. There are provisions included
that ensure information of a proprietary nature is not released to the public.
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 1 of9
Miscellaneous Code Amendments
The definition for "adjacent" is added to clarify when land use sections apply
to certain parcels. This is a term that is used in changes to the Growth
Management chapter.
This definition change combines the definitions of Boardinghouse and Bed &
Breakfast. To ensure the code reflects how accommodations using these titles
operate today, and to reflect moratorium changes in the zone districts.
This code change eliminates the deifinition of "Partial Demolition." Currently
the Land Use Code includes a definition for "Demolition" and "Partial
Demolition" which makes the code confusing. In an effort to ensure clarity,
the definition of "Partial Demolition" is deleted.
The only code section this impacts in the Non-Conformity section (26.312.020
parts F and G). Staff has clarified this section and it no longer relies on the
"Partial Demolition" definition. Instead, the code is clarified to state that a
non-conforming use that is in a building undergoing construction (but not
Demolition) with an approved building permit is permitted to remain as a non-
conforming use. If the building is demolished, as defined in the Land Use
Code, the non-conforming use is not permitted to return. (This provision is
not changed.)
A sentence has been deleted from sub-section G and moved to sub-section F.
This was done to make the code clearer.
These sections were eduted with a great deal of help and input from the
Planning and Zoning Commission.
The addition of "above-grade" clarifies the dimensional Tequirements for
duplex-dwelling units, and eliminates the ability of duplex structures to only
connect sub-grade.
A picture illustrating what an eave point looks like was in the 2004 code, and
accidentally deleted in subsequent code changes. It has been added back to
help clarify where the eave point is.
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 20f9
The change to the definition of non-use to add "mixed-use" as well as the
addition of Section codify a Code Interpretation dealing with non-unit space
in a mixed-use building. Section 26.575.020(A)(9) includes an example to
add clarity to the standard.
Terrace is used in section 26.575 when discussing FAR calculations, but was
never defined. The addition of this definition makes calculating FAR more
straight-forward. The definition is for "landscape terrace" to provide clarity,
(See also flag 34, below)
The changes to Section 26.208.010 parts J, N, 0, P, are punctuation changes.
Section 26.208.020 has been added to clarify the Quorum and Necessary Vote
at the City Council level. This addition ensures parity between the Boards and
Commission and City Council when actions are made.
This clause has been added to the "Quorum and Necessary Vote" sections for
City Council, Planning and Zoning Commission, Board of Adjustments, and
Historic Preservation Commission (sections 26.208.020, 26.212.050,
26.216.050, 26.220.050) to clarify when an action has taken place. The
addition states that a resolution or ordinance must receive a majority of votes
in favor in order for an action to occur. Until a resolution or ordinance
receives a majority of votes, never less than three (3), the land use case is
considered "alive" because no action has taken place.
For instance, if a the Planning and Zoning Commission vbtes on a Resolution
and that Resolution receives two (2) votes in favor and three (3) votes against,
no action has occurred. The Commission must either reword the Resolution
to receive a majority of votes in favor so an action has occurred, or must
determine another way to reach a majority vote (for instance ask the applicant
to make revisions to the project, or continue the issue to a date certain). In
circumstances where a Board/Commission is a recommending body to City
Council, and a majority vote cannot be reached, that Board/Commission may
forward the split recommendation to City Council.
The changes to Section 26.212.010 parts G, P, and Q are punctuation changes.
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 3 of9
This amendment makes punctuation changes, and clarifies what variances the
Board of Adjustments may grant. It restricts dimensional variances to those
not related to FAR and height. Staff believes these dimensional requirements
are established in individual zone districts based on extensive City Council
deliberation and should not be varied without a code amendment to the
individual zone district. This change will not eliminate the ability of HPC to
vary FAR when examining a Historic property. This amendment also moves
appeals from decision made by administrative officials to a hearing officer
(see 13, below).
Added to Section 200 of the Land use Code is the prOVISIOn for an
Administrative Hearing Officer. The Administrative Hearing Officer is given
the power to hear and decide appeals from determinations by administrative
officials enforcing the Land Use Code. This power is deleted from the Board
of Adjustment, section 26.216.010(B). Staff believes appeals of
administrative determinations are more appropriately dealt with by a hearing
officer, and that har-dship variances are appropriate decisions for the Board of
Adjustment to review. The added section, Section 26.222, outlines the
appointment requirements, powers, and decision procedures for an
Administrative Hearing Officer.
Added to Section 26.316, Appeals, is the ability of the Administrative Hearing
Officer the ability to hear appeals from administrative officials. This ensures
the Hearing Officer's power to hear the appeals stated above are expressly
outlined.
This code prOVISIon adds to the powers of the Community Development
Department the ability to score Growth Management Applications. This has
been added to match changes that have been made in the Growth Management
chapter.
These code prOVISIOns have been added to provide more clarity to what
powers the Community Development Department has. These powers are
currently enumerated in other code section, but adding them here ensures
clarity for users.
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page40f9
The Building Department no longer uses the Uniform Building Code, and
instead uses the International Building Code. This change ensures the City's
Land Use Code and the Building Code are uniform.
The ability of the Community Development Director to issue Code
Interpretations is added because there are instances where an interpretation is
necessary to clarifY sections of the Land Use Code, but where no affected
party or application is currently involved. Also added to this section is
noticing requirements for all land use interpretations. This ensures the public
is aware when an interpretation has been rendered.
The changes to Section 26.31O.020(B) correct a typing error that directs code
users to the incorrect code section.
This change clarifies circumstances in which a variance may be granted.
Rather than granting a variance based on the inconvenience of meeting a Code
requirement, all variances must be required based on an unnecessary hardship
that would render the parcel undevelopable.
This change clarifies the appeals City Council has the power to hear related to
Growth Management scoring. This change is based on the Moratorium
changes being made to the GMQS.
This change clarifies the appeals City Council has the power to hear related to
Growth Management scoring. This change is based on the Moratorium
changes being made to the GMQS.
This change is a formatting change based on 20 and 2\, above.
This change clarifies that a decision-making body may refer matters back to
the original hearing body.
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 50f9
This change is made to ensure the code meets the new standards for Public
Amenity space. The term Pedestrian Amenity is changes to Public Amenity
(as is done in the Commercial Design Standards). This code section is also
revised to clarify that it applies to all zone districts subject to Public Amenity
requirements (as outlined in the new Commercial Design Guidelines).
A code change was made a number of years ago that moved the ability to vary
Floor Area to other code sections, including the Growth Management chapter,
but this section was not deleted at that time. This section is deleted because it
no longer applies. The other sections are re-numbered to reflect this deletion.
This change clarifies the review standards for View Planes. Development on
parcels effected by a View Plane are required to go through a PUD, unless the
requirement is waived by the Planning and Zoning Commission. The
language currently in the code is confusing. The review has not changed, but
the language has been clarified. The reference to 26.435.050(C)(2) has been
deleted because the section does not exist.
This change corrects a typing error that directed code users to a section that
does not exist.
This change makes grammatical changes.
This change clarifies that Section 26.450 applies to Temporary AND Seasonal
Uses.
This change clarifies confusing code language and adds duration requirements
to seasonal uses. Also added is an exemption for tents on private property that
will be erected for seven (7) days or less.
This change eliminated the male pro-noun and replaces it with "Community
Development Director."
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 60f9
This change makes formatting changes,
This change ensures parity between the Growth Management Chapter and the
ADU Chapter as it relates to ADUs fulfilling affordable housing requirements.
This change also ensures the changes to the Growth Management Chapter are
incorporated in the ADU section.
This change clarifies how FAR is calculated. Floor Area restrictions are in
place to limit the amount of development placed on a parcel. In the past, it
has been argued that veneer does not count towards Floor Area, Applications
to the exterior of a building contribute to the mass of a building, often adding
an additional half-foot to the entire exterior of the building. This code
clarification is required to ensure all development abides by established FAR
regulations.
Section 26.575.020(A)(2) allows development to include a limited percentage
of exterior living features, such as decks, before it counts into FAR. Gazebos
have been interpreted to be fully counted in FAR, not as a percentage.
During the Planning and Zoning Commission's review of this proposed
amendment, it was determined that gazebos should be treated as other exterior
living features. Gazebos are now listed as an exterior living feature that is
exempt from FAR calculations until they exceed 15% of the maximum FAR
permitted on a lot.
This same section clarifies that landscape terraces (outlined in flag 6 above)
are treated like porches and are not counted in FAR. Staff has interpreted
terraces to be exempted from FAR because they are at-grade elements that are
often landscaped, and do not contribute to the mass of a development.
Section 26.575,020(A)(3) provides for garage space to be excluded from FAR
calculations. Section 26.575.020(A)(4) outlines how sub-grade space is
calculated. In circumstances where a garage is located in sub-grade space the
code is unclear in how to calculate Floor Area. This change clarifies that the
garage exemption is taken before the sub-grade calculation is made.
This Section outlines instances where ADUs may be exempted from Floor
Area calculations when they are located sub-grade. City Council made a
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 7 of9
policy decision to change the ADU code section to prohibit ADUs from being
located sub-grade. When this policy decision was made, this code section
should have been eliminated,
This formatting and grammatical change is based on the changes in box 36,
above.
The additions to Sections 26.575.020(A)(6) and 26.575.020(A)(7) clarify
when detached ADUs and Carriage houses may be exempted from Floor Area
Calculations. The limit of two (2) ADUs or Carriage Houses in Section
(A)(7) is based on the square footage outlined in Section (A)(6).
Throughout the Land Use code references are made to "natural or finished
grade, whichever is more restrictive." This addition is made to ensure the
Land Use Code is consistent as it related to grade.
This addition requires all mechanical equipment that is placed on a lot at-
grade is placed in a yard that does not abut a Street. Staff believes this
addition is necessary to ensure community character in residential and
commercial areas is maintained, and to ensure there is not additional
equipment located in an area that could cause health and safety risks to users
of public rights-of-way.
This addition requires trash containers to meet the Wildlife Protection section
of the Municipal Code (12.08). The requirement prohibits the permanent
placement of trash containers in yards abutting a Street. Staff believes this
addition is necessary to ensure community character in residential and
commercial areas is maintained, and to ensure there is not additional
equipment located in an area that could cause health and safety risks to users
of public rights-of-way
This change clarifies the existing language regarding setbacks on comer lots.
The change does not alter the meaning of the code section, but re-words it to
be written in the positive and to be clearer.
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 8 of9
This change clarifies that the fence standards apply to commercial and
residential properties.
Section 26.575.060(B) was inadvertently deleted from the Land use Code in a
previous amendment. This section outlines certain criteria that must be met in
order for a variance from dimensional requirements in trash/utility/recycle
areas. Staff would like to add this section back to the code to ensure these
areas meet all necessary requirements.
This code prOVISIOn has been added to ensure the City has accurate data
relating to Lodge developments. The section ensures proprietary information
is not released to the public, while ensuring the City can maintain accurate
records,
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to continue Ordinance No. 12, Series of2007, to April 24, 2007."
ALTERNATE MOTION:
"I move to approve Ordinance No. 12, Series of2007."
Miscellaneous Code Amendments
Ordinance 12, Series 2007
Page 9 of9
Ordinance No. 12
(Series of 2007)
AN ORDINANCE THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE
CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL
CODE: 26.104.100 - DEFINITIONS; 26.208- CITY COUNCIL; 26.210.020-
DffiECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT; 26.212.010-
POWERS AND DUTIES; 26.212.050 - QUORUM AND NECESSARY VOTE;
26.216.010 - POWERS AND DUTIES; 26.216.050 - QUORUM AND NECESSARY
VOTE; 26.220.050 - QUORUM AND NECESSARY VOTE; 26.222 -
ADMINISTRATIVE HEARING OFFICER; 26.304.075(B)(I) - BUILDING
PERMIT; 26.306.010 -INTERPRETATION; 26.310.020(B) - STEPS REQUIRED;
26.312.020(F) - ABANDONMENT OR DlSTONTINUANCE; 26.312.020(G) -
DEMOLITION OR DESTRUCTION; 26.314.040 - STANDARDS APPLICABLE
TO VARIANCES, 26.316.020 - AUTHORITY; 26.316.030(F) - ACTION BY A
DECISION-MAKING BODY HEARING THE APPEAL; 26.430.040(C) -
REDUCTION OF OPEN SPACE REQUIREMENT IN THE COMMERCIAL
CORE (CC) ZONE DISTRICT; 26.430.040 - REVIEW STANDARDS FOR
SPECIAL REVIEW; 26.435.050(C) - MOUNTAIN VIEW PLANE REVIEW
STANDARDS; 26.435.060(C) - HALLAM LAKE BLUFF REVIEW STANDARDS;
26.445.050(E) - ARCHITECTURAL CHARACTER; CHAPTER 26.450 -
TEMPORARY USES; 26.450.050(A) - DURATION; 26.450.060 - PROCEDURE
FOR TEMPORARY USE APPROVAL; 26.480.050(A) - GENERAL
REQUIREMENTS; 26.480.050(B) - SUITABILITY OF LAND FOR SUBDIVISION;
26.520.020 - GENERAL; 26.575.020(A) - FLOOR AREA; 26.575.040(A)-
PROJECTIONS INTO YARDS; 26.575.040(C) - CORNER LOTS; 26.575.050 -
FENCES; 26.575.060 - UTILlTY/TRASHlRECYCLE SERVICE AREAS; 26.575.210
_ SHORT TERM RENTALS; AND, 26.575.220 - LODGE OCCUPANCY AUDIT.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code;
and,
WHEREAS, the amendments requested relate to the following Chapters and Sections
of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.104.100 - Definitions
26.208- CITY COUNCIL
26.210.020 - Director of Community Development Department
26.212.010 - Powers and duties
26.212.050 - Quorum and necessary vote
26.216.010 - Powers and duties
26.216.050 -Quorum and necessary vote
26.220.050 - Quorum and necessary vote
Ordinance t2 Series 2007
Page 1 of 34
April 23, 2007 draft
26.222 - Administrative Hearing Officer
26.304.075(B)(I) - Building Permit
26.306.010 - Interpretation
26.31 0,020(B) - Steps Required
26.312.020(F) - Abandonment or discontinuance
26.312.020(G) - Demolition or destruction
26.314.040 - Standards applicable to variances
26.316.020 - Authority
26.316.030(F) - Action by a decision-making body hearing the appeal
26.430,040(C) - Reduction of open space requirement in the Commercial Core (CC) zone
district
26.430.040 - Review Standards for Special Review
26.435.050(C) - Mountain view plane review standards
26.435.060(C) - Hallam Lake Bluffreview standards
26.445.050(E) - Architectural Character
Chapter 26.450 - TEMPORARY USES
26.450.050(A) - Duration
26.450.060 - Procedure for temporary use approval
26.480.050(A) - General Requirements
26.480.050(B) - Suitability of land for subdivision
26.520.020 - General
26.575.020(A) - Floor Area
26.575.030 - Pedestrian Amenity
26.575.040(A) - Projections into yards
26.575.040(C) - Comer Lots
26.575.050 - Fences;
26.575.060- Utilityffrash/Recycle Service Areas; and
26,575.220 - Lodge Occupancy Auditing
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with condi-
tions, or denial by the Community Development Director and then by the Planning and Zon-
ing Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
. Text being removed is bold red and strikethrough. Text being reHlll~'ellllllll<s
like this.
. Text being added is bold green and underline. Text bein!! added looks like
this.
. Text which is not highlighted is not affected,
Ordinance 12 Series 2007
Page 2 of34
April 23, 2007 draft
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 27,
2007, April 2, 2007, April 9, 2007, and April 10, 2007 took and considered public testi-
mony and the recommendation of the Community Development Director and recom-
mended, by a five to zero (5-0) vote, City Council adopt the proposed amendments to the
land use code by amending the text of the above noted Chapters and Sections of the Land
Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions ofthe Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the Planning and Zoning Commission, and has taken and considered public comment at
a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval ofthe proposal is consistent
with the goals and elements ofthe Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.104.100- Definitions, which defines important land use terms, shall be amended
to add and delete the following:
26.104.100 Definitions.
As used in this code, unless the context otherwise requires, the following terms shall be
defined as follows:
Bed and breakfast. A ,i,,~jc-famih,dwelling used as a commercial lodging establish-
ment for temporary guests, other than a hotel or lodge, and which contains no more than
twelve (12) guest rooms, f.r-wrilksno-less-t-ltan olle menl-dtlHyforgllests, and is operated by
an on-site resident manager or owner..
Ordinance 12 Series 2007
Page 3 of 34
April 23, 2007 draft
BOllrdin"housc, A butldillg or l.ftrli'Hlthcrcol,otherlhllllallOtctffidgeoF Illultiple
family dwellin1;, IH,<,vtd-i-ngfe-nttte,,~loll1; lefllI-Iodging-fuF-Sff-{ft-Hw-fl-lOl'e gll.,;I:;,
,;Hyillg menls 10 tho,;c "uests olHH,onlinuinf; bnsis fO~'ll-Sfllioll, IInd hllyill" 1111I1111
ilgerres-idjn-gon"'t,hel}-reutiws-~ -hlltnofml)fOviding-a--FestfH.t-:rllut"{)t'bat',ftr",nC-CesSf:)ry,,uses,
SIlt'-lHls-Feerclllionitl-fucil-ilics, IVIHt'HlIy ussoeilll(,d-witl. IIlwlelor Imlge.
l)elll,)lilion,pll-r{-illl.":+O-t'lHOe-,-dist_ltIe-,-rearooW'HtF-destn~-Iess-tlHHHtftj" (511)
l)ere'ent"of-ane~istingstr,tH.tu"eHsnlenSllre(l--tty-e\ctt'f'i..,r sHt'fnt':e-wnll-a-rea.-Pa rtial-delllo-
litioB shall eOllsliHl4e-dt'ffill-li-tion-iHntelHled-or-lHIwmkell in se,! nenec or pcriOllicllllTlo
IlTlimlllely "'fe, disllssem-TJIe-,.,,' deslroy fifty (50) percelll H,more of a slnH'tllre,
Dwelling, duplex. A residential building on a single lot or parcel comprised of two (2)
attached units in either an over-and-under or side-by-side configuration having a common un-
pierced all", "::;;li.''.!.~_wall of at least one story in height and ten (10) feet in length, or a com-
mon un-pierced wall/ceiling as applicable. Each unit in the duplex shall contain no less than
twenty-five (25) percent of the total floor area of the duplex structure.
Eave point. The point in the roof plane of a structure or building which intersects with the exte-
rior wall surface. (See drawing, below).
Eave Point
.y
~= /,
Non-Unit Space. The floor area within a lodge> hotel~J!1i\;';L;J that is
commonly shared such as lobbies, hallways, stairways, recreational areas, and dining
rooms.
Ordinance 12 Series 2007
Page 4 of 34
April 23, 2007 draft
Section 2:
Section 26.208 - City Council, which outlines the administration of City Council, shall be
amended to read as follows:
Chapter 26.208
CITY COUNCIL
26.208.010 Powers and duties.
In addition to any authority granted by state law or the Municipal Code ofthe City of
Aspen, Colorado, the City Council shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review, and adopt amendments to the text of this Title after
recommendation by the commission, pursuant to Chapter 26.310;
C. To initiate amendments to the official zone district map, pursuant to Chapter
26.310;
D. To hear, review, and adopt amendments to the official zone district map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter
26.310;
E. To hear, review, and adopt a conceptual development plan and a final development
plan for specially planned areas (SPA), after recommendations ofthe Planning and
Zoning Commission, pursuant to Chapter 26.440;
F. To hear, review, and adopt a conceptual development plan and a final development
plan for a planned unit development (PUD), pursuant to Chapter 26.445;
G, To hear, review, and designate H, Historic Overlay Districts and historic
landmarks, after recommendation from the Planning and Zoning Commission and
the Historic Preservation Commission, pursuant to Chapter 26.420;
H. To review appeals from decisions of the Historic Preservation Commission
approving, conditionally approving or disapproving a development application for
development or demolition ofa historic landmark or a development application for
development or demolition in a H, Historic Overlay District pursuant to Chapter
26.415;
I. To adopt by resolution or ordinance any plans, guidelines, or documents that will be
used in a guiding or regulatory capacity by the city. How the material shall be used
in relation to the AACP, land use development, and planning shall be described in
the content ofthe resolution or ordinance. Specifically, there shall be a determina-
tion of whether the document will be used as a guiding or regulatory document.
When used as a guiding document ofthe city it shall be adopted by resolution and
when used as a regulatory document it shall be adopted by ordinance. Any plans,
guidelines or documents that are adopted by resolution or ordinance shall not be
Ordinance 12 Series 2007
Page 5 of 34
April 23, 2007 draft
adopted until notice is provided as outlined in Section 26.104.030, Comprehensive
Community Plan and Other Plans, Guidelines, or Documents;
1. To hear appeals from decisions of decision-making bodies as enabled in each
Chapter of this Title.l
K. To approve development applications and grant development allotments as required
by Chapter 26.470, Growth Management Quota System;
L. To hear appeals from interpretations made by the planning director regarding the text
of this Title and the boundaries of the official zone district map, pursuant to Chapter
26.306;
M. To hear, review, and approve, approve with conditions, or disapprove a plat for
subdivision, after recommendation from the Planning and Zoning Commission pursuant to
Chapter 26.480;
N. To determine if a development proposal is reasonably necessary for the
convenience and welfare of the public, pursuant to Section 26.500.040, and thereafter
review such proposal in accordance with Section 26.500.050(B),,;.
0, To create a Transferable Development Right in accordance with Chapter26.535.
::,\!!.'l
P. To take such other actions not delegated to the Planning and Zoning Commission,
the Historic Preservation Commission, the Board of Adjustment, or the Director of the
Community Development Department, as the City Council may deem desirable and
necessary to implement the provisions of this Title.
\1:,1\'.
Section 3:
Section 26.21 0.020 - Director of Community Development Department, which outlines the
powers and duties of the Community Development Department, shall be amended to read as
follows:
26.210.020 Director of Community Development Department.
Ordinance 12 Series 2007
Page 6 of34
April 23, 2007 draft
A. Creation and Appointment. The Community Development Director shall be the agency
head ofthe Community Development Department and shall be appointed by and serve at the
pleasure of the City Manager.
B. Jurisdiction, Authority and Duties. In addition to the jurisdiction; authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of the Municipal Code of the City of Aspen, Colorado, the Community Develop-
ment Department Director shall have the following jurisdiction, authority and duties:
I. To serve as staff to the City Council, to provide such body with planning and tech-
nical assistance and to inform such body of all facts and information available with re-
spect to development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body
with planning and technical assistance and to inform such body of all facts and infor-
mation available with respect to development applications or any other matters brought
before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body
with planning and technical assistance, to inform such body of all facts and informa-
tion available with respect to development applications or any other matters brought
before it and to inform such body regarding historic preservation items being heard by
other city boards in advance of those hearings;
4. To serve as staff to the Board of Adjustment and other decision making bodies es-
tablished by this Title and to inform such bodies of all facts and information available
with respect to development applications or any other matters brought before it;
5:.5. To render interpretations ofthis Title or the boundaries of the official zone district
map pursuant to Chapter 26.306;
""it. To enforce any provision of this Title or any other provision ofthe Municipal Code
of the City of Aspen;
To establish such rules of procedure necessary for the administration of the Com-
munity Development Department Director's responsibilities;
To exempt development within a H, Historic Overlay District in accordance with
Chapter 26.415;
Ordinance 12 Series 2007
Page 7 of34
April 23, 2007 draft
1119. To approve minor modifications to a development order for development or
demolition within a H, Historic Overlay District in accordance with Chapter 26.415;
Hill. To exempt development in an environmentally sensitive area (ESA) in accor-
dance with Chapter 26.435;
To exempt development which is subject to special review in accordance with
Chapter 26.430;
!.:i-bt To approve, approve with conditions, or deny development subject to GMQS
administrative approval in accordance with Chapter 26.470;
To approve development subject to Subdivision administrative approval in ac-
cordance with Chapter 26.480;
To undertake all other general comprehensive planning responsibilities;
I 'il-5. To initiate amendments to the text of this Title or to the Official Zone District
Map, pursuant to Section 26.310;
J})H.. To administer the land use application fee policy, bill applicants accordingly to
said policy, to take such actions deemed necessary in withholding development orders
or issuing stop work orders upon nonpayment of review fees, and to waive any fees, or
portions thereof, upon request according to said policy;
To approve, approve with conditions, or deny development subject to Chapter
26.520 - Accessory Dwelling Units and Carriage Houses; and,
To extinguish a Transferable Development Right in accordance with Chapter
26.535.
Section 4:
Section 26.212.010 - Powers and Duties, which outlines the powers and duties of the
Planning and Zoning Commission, shall be amended to read as follows:
26.212.010 Powers and dnties.
Ordinance 12 Series 2007
Page 8 of 34
April 23, 2007 draft
In addition to any authority granted the Planning and Zoning Commission (hereinafter
"commission") by state law or the Municipal Code of the City of Aspen, Colorado, the
commission shall have the following powers and duties:
A. To initiate amendments to the text of this title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to
the text of this title, pursuant to Chapter 26.3 10;
C. To initiate amendments to the official zone district map, pursuant to Chapter 26.31 0;
D, To review and make recommendations of approval, approval with conditions, or dis-
approval to the City Council in regard to amendments ofthe official zone district map,
pursuant to Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions, or dis-
approval to the City Council on a conceptual development plan and final development
plan for planned unit development (PUD), pursuant to Chapter 26.445;
F. To review and make recommendations of approval, approval with conditions, or dis-
approval to the City Council on adoption of a conceptual development plan and final
development plan or specially planned areas (SPA), pursuant to Chapter 26.440;
G. To review,-tiffife, and -reeffiH-RteIHl- g,nul,lallotments for residential, office and com-
mercial, and lodge pursuant to growth management quota system (GMQS), pursuant to
Chapter 26.470;
H. To make determinations of exemptions from the growth management quota system
(GMQS), pursuant to Chapter 26.470;
I. To hear, review and recommend approval, approval with conditions, or disapproval of
a plat for subdivision, pursuant to Chapter 26.480;
1. To hear and approve, approve with conditions, or disapprove conditional uses pursuant
to Chapter 26.425;
K. To hear and approve, approve with conditions, or disapprove development subject to
special review, pursuant to Chapter 26.430;
L. To hear and approve, approve with conditions, or disapprove development in environ-
mentally sensitive areas (ESA), pursuant to Chapter 26.435;
M. To make its special knowledge and expertise available upon reasonable written request
and authorization of the City Council to any official, department, board commission or
agency ofthe City of Aspen, Pitkin County, State of Colorado, or the federal govern-
ment; and
Ordinance 12 Series 2007
Page 9 of34
April 23, 2007 draft
N. To adopt such rules of procedure necessary for the administration of its responsibilities
not inconsistent with this title;
O. To grant variances from the provisions ofthis Title when a consolidated application is
presented to the commission for review and approval pursuant to Chapter 26.314;
P. To hear, review and approve variances to the Residential Design Guidelines, pursuant
to Chapter 26.410; alld
Q. To hear and decide appeals from, and review any order, requirement, decision, or de-
termination made by, any administrative official charged with the enforcement of
Chapter 26.410, including appeals of interpretation ofthe text ofthe Residential De-
sign Standards. The commission may only grant relief from the Residential Design
Standards. A variance from the Residential Design Standards does not grant an ap-
proval to vary other standards ofthis Chapter that may be provided by another deci-
sion making administrative body,_"."'.
R. To adopt by resolution any plans, guidelines, or documents that will be used in a guiding
capacity by the Commission or, ifto be used in a regulatory capacity, to recommend via
resolution adoption of any plans, guidelines, or documents by the City Council. How the
material shall be used in relation to the AACP, land use development, and planning
shall be described in the content of the resolution. Specifically, there shall be a determi-
nation of whether the document will be used as a guiding or regulatory document.
When a plan, guideline, or document is to serve as a regulatory document as determined
by the Commission, the resolution shall include a recommendation to the City Council
for adoption of the document by ordinance. Any plans, guidelines or documents that are
adopted by resolution shall not be adopted until notice is provided as outlined in Section
26.104.030, Comprehensive Community Plan and Other Plans, Guidelines, or Docu-
ments.
Section 5:
Section 26.212.050 - Quorum and necessary vote, which outlines the required quorum and
votes of the Planning and Zoning Commission in order to hold a meeting and take action,
shall be amended to read as follows:
26.212.050 Quorum and necessary vote.
No meeting ofthe commission may be called to order without a quorum consisting of at least
four (4) members of the commission being present. No meeting at which less than a quorum
shall be present shall conduct any business other than to continue the agenda items to a date
certain. All actions shall require the concurring vote of a simple majority, but in no event less
than three (3) concurring votes, of the members of the commission then present and voting.
Ordinance 12 Series 2007
Page 100f34
April 23, 2007 draft
Section 6:
Section 26.216.0 I 0 - Powers and Duties, which outlines the powers and duties of the Board
of Adjustment, shall be amended to read as follows:
26.216.010 Powers and dnties.
In addition to any authority granted the Board of Adjustment (hereinafter "board") by state law
or the Municipal Code of the City of Aspen, Colorado, the board shall have the following
powers and duties:
A. To hear, review and approve
to the terms of these regulations, pursuant to Chapter 26.314"
-th--- crn heaF-lHI-tl+leeit-lt'-*f'flcab from, find rc'. ie"-fI-l)y-fH'liff-,-T€t!-IHTenlcnt, deei
siflR,-oTdclenn inMilm .made hy, any administrative offkilllcbll"ged wttlt-tbe-en-
fOl'{'Cnlent-of t his title ,jllirsutmt to(:h Ill'ler2(,.316, except fOT II ppeals ofint{,l'l're--
tffiilm-tlf-tlt e te x t .. f I h io; t-itle.o,'-t,,*,I~OlItHlllri{'s(,fl-lt{"~'Hle-IHstrK>t -mlltJ-"hicTlsltllll
Itekea'l'd-ilfidileddetlby-tll{' -F ily-('ou "dl.- lInd ,('XC{'"t-lI5- OH'{'FWis{' -'Iteei I1Cll-lly
pl'''', ided -ffi-l-lt-is-IitTe.f(--l-r-th+'ffi.-4-l-20#2-*- l-,.;MIm'j
Section 7:
Section 26.216.050 - Quorum and necessary vote, which outlines the required quorum and
votes of the Board of Adjustment in order to hold a meeting and take action, shall be
amended to read as follows:
26.216.050 Qnorum and necessary vote.
No meeting of the board shall be called to order without a quorum consisting of at least four
(4) members ofthe board being present. No meeting at which less than a quorum shall be pre-
sent shall conduct any business other than to continue the agenda items to a date certain.
The concurring vote of four (4) members of the board then present and voting shall be re-
quired to decide any appeal, reverse any order, requirement, decision or determination made
by an administrative official charged with the enforcement of the Title or to approve any vari-
ance to the terms ofthese regulations. All other actions shall require the concurring vote of a
simple majority, but in no event less than three (3) concurring votes, of the members of the
board then present and voting.
Ordinance 12 Series 2007
Page 11 of34
April 23, 2007 draft
Section 8:
Section 26.220.050 - Quorum and necessary vote, which outlines the required quorum and
votes of the Historic Preservation Commission in order to hold a meeting and take action,
shall be amended to read as follows:
26.220.050 Quornm and necessary vote.
No meeting of the commission shall be called to order without a quorum consisting of at least
four (4) members being present. No meeting at which less than a quorum shall be present shall
conduct any business other than to continue the agenda items to a date certain. All actions
shall require the concurring vote of a simple majority, but in no event less than three (3) con-
curring votes, ofthe members ofthe commission then present and voting.
Section 9:
Section 26.200 ofthe Municipal Code shall be amended to add Section 26.222, Administra-
tive Hearing Officer, which outlines Administration of Decision Making Bodies, and shall
read as follows:
Ordinance 12 Series 2007
Page 12 of34
April 23, 2007 draft
:.i i.'I,'t~:~'.::~.l2':.:
Ordinance 12 Series 2007
Page 13 of 34
April 23, 2007 draft
Section 10:
Section 26.304.075(B)(I) - Processing, which outlines the requirements for a project to re-
ceive a building permit, shall be amended to read as follows:
26.304.075 Building Permit.
B. Processing.
1. Complies with the t1niffH'mln!!,rll;tlffHti'LBuilding Code and other applicable con-
struction codes;
Section 11:
Section 26.306.0 10 -Interpretation, which outlines authority of the Community Develop-
ment Director to make interpretations, shall be amended to read as follows:
26.306.010 Interpretation.
A. Authority. The Community Development Director shall have the authority to make all in-
terpretations of the text of this Title and the boundaries of the zone district map.
B. Initiation. An interpretation may be requested by any affected person, any resident or real
property owner in the City of Aspen, or any person having a contractual interest in real prop-
erty in the City of Aspen.
C. Procedures.
I, Submission of request for interpretation. Before an interpretation shall be provided
by the Community Development Director, a request for interpretation shall be submit-
ted to the Community Development Director.
2. Determination of completeness. Within fifteen (15) days after a request for interpre-
tation has been received, the Community Development Director shall determine
whether the request is complete. !fthe Community Development Director determines
the request is not complete, he shall serve a written notice on the applicant specifying
the deficiencies. The Community Development Director shall take no further action on
the request for interpretation until the deficiencies are remedied.
3. Rendering of interpretation. After the request for interpretation has been determined
complete, the Community Development Director shall render an interpretation within
fifteen (15) days. The Community Development Director may consult with the City
Attorney and review this Title and the zone district map, whichever is applicable, be-
fore rendering an interpretation.
D. Form. The interpretation shall be in writing and shall be sent to the applicant by certified
mail.
Ordinance 12 Series 2007
Page 14 of34
April 23, 2007 draft
E. Official record. The Community Development Director shall maintain an official record of
all interpretations in the Community Development Department, which shall be available for
public inspection during normal business hours.
F. Appeal. Any person who has made a request for interpretation may appeal the interpretation
of the Community Development Director to the City Council in accordance with the appeal
procedures set forth at Chapter 26.316.
Section 12:
Section 26.310.020 (B) - Steps Required, which outlines the required stepsfor a Land Use
Code Amendment, shall be amended to read as follows:
B. Steps Required: Unless initiated by the City Council in accordance with subsection C
below, two steps are required: (a) a public hearing before the Planning and Zoning Commis-
sion, and (b) a public hearing before the City Council.
I. Step One - Public Hearing before Planning and Zoning Commission.
a. Purpose: To determine if application meets standards for amendment to
code text or official zone district map.
b. Notice requirements for a privately initiated amendment to the official zone district
map: Publication, mailing, and posting. (See section 26.304.060(E)(3)(a)(b)(c)).
Notice requirements for an amendment to the official zone district map initiated by
the city: Publication, mailing to property owners that are subject to the rezoning
application at least fifteen (15) days prior to the public hearing.
Notice requirements for an amendment to the Land Use Code: Publication pursu-
ant to section 26.304.060(E)I3I(a).
2. Step Two - Public Hearing before City Council.
a. Purpose: To determine if application meets standards for amendment to code text
or official zone district map.
b. Notice requirements for a privately initiated amendment to the official zone district
map: Publication, mailing, and posting (See section 26.304,060(E)(3)(a)(b)(c) in
Ordinance 12 Series 2007
Page IS of 34
April 23, 2007 draft
addition to the requisite notice requirements for adoption of an ordinance by City
Council.
Notice requirements for an amendment to the official zone district map initiated by
the city: Publication, mailing to property owners that are subject to the rezoning
application at least fifteen (15) days prior to the public hearing in addition to the
requisite notice requirements for adoption of an ordinance by City Council.
Notice requirements for an amendment to the Land Use Code: Publication pursu-
ant to section 26.304.060(E)il!(a) in addition to the requisite notice requirements
for adoption of an ordinance by City Council.
Section 13:
Section 26.312.020(F) - Abandonment or discontinuance, which outlines the ability of a
non-conforming use to be restored following an abandonment or discontinuance, shall be
amended to read as follows:
F. Abandonment or discontinuance. The intent oftbe owner notwithstanding, where a noncon-
forming use of land or nonconforming use of structure is discontinued or abandoned for twelve
(12) consecutive months, then such use may not be reestablished or resumed, and any subsequent
use must conform to the provisions of this Title.
Section 14:
Section 26.312.020(G) - Demolition or destruction, which outlines the ability of a non-
conforming use to be restored following demolition or destruction of a structure, shall be
amended to read as follows:
G. Demolition or destruction.
I. Ability to restore. AllY RORC()IJ-fu-Fm-in'~use---flflt--as_<iltt-ed--wit-lt-a- ,;tl'llcture
mllY not he l"estOl'eflllfter discfHltimHfneel'erioflofmol"e-IIInll thirty-tJ1l-}-d-a-Y'"
Any nonconforming use located in a structure which is purposefully demolished,
pursuant to the definition of Demolition, may not be continued or restored. Afty
IIHlIcoItl.lI'mi-nj( use-lftcatal- in ast-r-uet-f1 r<'"-w hieh is f1lH'f",sem HYflartiaUy de-
mfilishediflllrsllllllt lo-t-lIe-4l'fll1itiHII of I'llrtilll Oemolitifllli mllY ""..estored llS
of-right-wt-t-h-i-n-twefve--{ l-2-HnB-nt-IIs-flH-lfe-4ate-ltl'-pttFlill-I-detlfftlt-tifHh.\ I J' ,,(, ii-
2. Non-willful destruction. Any nonconforming use which is demolished or de-
stroyed 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 de-
Ordinance 12 Series 2007
Page 16 of 34
April 23, 2007 draft
struction, if a building permit for reconstruction is issued within twelve (12) months
of the date of demolition or destruction.
Section 15:
Section 26.314.040 - Standards applicable to variances, which outlines the review criteria
required to grant a variance, shall be amended to read as follows:
26.314.040 Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the appro-
priate decision making body shall make 'a finding that the following three (3) circumstances
exist:
I. The grant of variance will be generally consistent with the purposes, goals, objectives,
and policies of the Aspen Area Community Plan and this Title;
2. The grant of variance is the minimum variance that will make possible the reasonable
use of the parcel, building or structure; and
3. Literal interpretation and enforcement ofthe terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone dis-
trict, and would cause the applicant unnecessary
iiH-,\c!'.:"",~Jln'-flF--jH'..<,tit'tllffil'fi€"lty. In determining whether an applicant's rights
would be deprived, the board shall consider whether either ofthe following conditions
apply:
a. There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or build-
ings in the same zone district and which do not result from the actions ofthe appli-
cant; or
b. Granting the variance will not confer upon the applicant any special privilege de-
nied by the Aspen Area Community Plan and the terms of this Title to other par-
cels, buildings, or structures, in the same zone district.
B. In order to authorize a variance from the permitted uses of Title 26, the appropriate deci-
sion making body shall make a finding that all of the following circumstances exist:
I. Notice by publication, mailing and posting ofthe proposed variance has been provided
to surrounding property owners in accordance with section 26.304.060(E)(3)(a)--(c).
2, A variance is the only reasonable method by which to afford the applicant relief and to
deny a variance would cause the applicant unnecessary hardship <>1' lH'fit'twllhlirrl-
Ordinance 12 Series 2007
Page 17 of34
April 23, 2007 draft
3. The temporary off-site storage or construction staging can be undertaken in such a
manner so as to minimize disruption, if any, of normal neighborhood activities sur-
rounding the subject parcel.
4. If ownership of the off-site parcel subject to the proposed variance is not vested in the
applicant, then verified written authorization ofthe parcel's owner must be provided.
5. Adequate provision is made to restore the subject parcel to its original condition upon
expiration ofthe variance, including the posting of such financial security as deemed
appropriate and necessary by the appropriate decision making body to insure such res-
toration.
Section 16:
Section 26.316.020 - Authority, which outlines the authority of the Board of Adjustment,
City Council, and Planning and Zoning Commission to hear appeals, shall be amended to
read as follows:
26.316.020 Authority.
A. Board of Adjustment. The Board of Adjustment shall have the authority to hear and de-
cide the following appeals:
1.- An:>,dffisitm Hrdcle-HllmHtiHIHlHHle bY-1Ir> administralive Hfneialr>nless 'tHHcrwfse
Sftffilically slMedill this tillb
J). The denial of a variance pursuant to Chapter 26.314 by the Planning and Zoning
Commission or Historic Preservation Commission,
B. City Council. The City Council shall have the authority to hear and decide the following
appeals:
I. An interpretation to the text of this title or the boundaries ofthe zone district map by the
Community Development Director in accordance with Chapter 26.306. An appeal ofthis
nature shall be a public meeting.
2. Any action by the Historic Preservation Commission in approving, approving with
conditions, or disapproving a development application for development in an "H,",
Historic Overlay District pursuant to Chapter 26.415. An appeal of this nature shall be
a public meeting.
3. The scoring determination Hr--trllHclttiolls ofthe G-fflw-th-MnntlgeHleHICHmmissior>
pursuant to Chapter 26.470. An appeal ofthis na-
ture shall be a public meeting.
-I;;. Any other appeal for which specific authority is not granted to another board or com-
mission as established by this title. An appeal ofthis nature shall be a public meeting.
Ordinance 12 Series 2007
Page 18 of 34
April 23, 2007 draft
C. Planning and Zoning Commission. The Planning and Zoning Commission shall have
the authority to hear and decide an appeal from an adverse determination by the
Community Development Director on an application for exemption pursuant to the
growth management quota system in accordance with Section 26.470.060(D).
Section 17:
Section 26.316.030(F) - Action by the decision-making body hearing the appeal, which ac-
tions decision-making bodies are permitted to make when hearing appeals, shall be
amended to read as follows:
26.316.030 Appeal procedures.
F. Action by the decision-making body hearing the appeal. The decision-making body
hearing the appeal may reverse, affirm, or modifY the decision or determination appealed
from, and, if the decision is modified, shall be deemed to have all the powers ofthe officer,
board or commission from whom the appeal is taken, including the power to impose reason-
able conditions to be complied with by the appellant.
decision shall be approved by written resolution. All appeals shall
be public meetings.
Section 18:
Section 26.430.040(C) - Reduction of open space requirement in the Commercial Core
(CC) zone district, which outlines the requirements for pedestrian amenity space in the
Commercial Core to be amended via special review, shall be amended to read as follows:
26.430.040 Review standards for special review.
C. Reduction of OpelH'{H/ffLitii!'-.u:if,,'pitlrequif't'ment -iH--fIH'--{'ommcrcilf{ GH'e--f(c'Gf
~(me di,"ril'l. Whenever a special review is conducted to determine whether a reduction ofthe
HP"" sP"t'" requirement ift-th" ClllH-H\f'rci,,}-{'nrc (Ce }ZOllt' d istl'id- is to
be granted, it shall be reviewed in accordance with the standards set forth at section
26.575,030fB-).
Section 19:
Section 26.430.040 - Review Standards for Special Review, which outlines the require-
ments for special reviews, shall be amended to read as follows:
26.430.040 Review standards for special review.
No development subject to special review shall be permitted unless the Planning and Zoning
Commission makes a determination that the proposed development complies with all stan-
dards and requirements set forth below.
Ordinance 12 Series 2007
Page 19 of34
April 23, 2007 draft
A. Dimensional requirements. Whenever the dimensional requirements of a proposed devel-
opment are subject to special review, the development application shall only be approved if
the following conditions are met.
I. The mass, height, density, configuration, amount of open space, landscaping and set-
backs ofthe proposed development are designed in a manner which is compatible with
or enhances the character of surrounding land uses and is consistent with the purposes
of the underlying zone district.
2, The applicant demonstrates that the proposed development will not have adverse im-
pacts on surrounding uses or will mitigate those impacts including, but not limited to,
the effects of shading, excess traffic, availability of parking in the neighborhood, or
blocking of a designated view plane.
B. Replacement of non-conforming structures. Whenever a structure, or portion thereof,
which does not conform to the dimensional requirements of the zone district in which the
property is located is proposed to be replaced after demolition, the following criteria shall be
met:
1. The proposed development shall comply with the conditions of section 26.430.040(A)
above; and,
2. There exist special characteristics unique to the property which differentiate the prop-
erty from other properties located in the same zone district; and,
3. No dimensional variations are increased and the replacement structure represents the
minimum variance that will make possible the reasonable use of the property; and,
4. Literal enforcement ofthe dimensional provisions of the zone district would cause un-
necessary hardship upon the owner by prohibiting reasonable use of the property.
C. Reduction of open space requirement in the Commercial Core (CC) zone district. When-
ever a special review is conducted to determine whether a reduction of the open space re-
quirement in the Commercial Core (CC) zone district is to be granted,_
1).---!I1fft'&se."fFloop/lreil, -w helleve"lI Sflet"JlI.rev'iew is "*md''''~Hlelef',,,ine-JlH ill-
,,,-ense .n-t-Ile-e"ter'H.IFloor . '. rell Hllti&,-"S'lIr<lVi(kd <u-sfleei41ed zOHe-d .str...'ts,-l he d evel
'lj-liIH.mt-1lftfTlklltioll i, su b:i<'t'I--h.-tl", following erit"ria,
-I-,---Am+U<HHHlI of sixty (-(,{l)ilcreellt-of+lte-iidmmHHlI HaOl' area-*tull--ge affonlahle
hOIJsillg, witlHHt-lHorellHIII forty (4tlJ-llel'('ent..oflhe addilionallloor area inteuded
for other-IIW'.
2.:I'he-tleVfflllment ''t11H lilies-w illttlte-dimensiolllll re(lui rements criteri.H,fs<:etioll
2(,.4J1kll-l.O(A) ahove,
Ordinance 12 Series 2007
Page 20 of 34
April 23, 2007 draft
J.---I<M--JH'#Jlertil'" Hsted-t+H--#H;-Aspcn In....n-ttwy of Historic -1c"-f>J-HlmHffi Site:; ..1Hl
Strlleture:;, the uff#nl..hle housilll; pO"liou oflbl' nd(/itiollullloor "'TII'"") bc P"o
videdeitl,el' ot'f-site 0.. "i.. ..ensh-ifl-ljeuIHlymellt, i1'tbefollo" i n~ c..ileri......e_
It. III o..der (oe!lSlit'e H,e lldditi<mis""""f,Mi l,lewitb the hisroricslru(,tu rl.'
iu terul" of design, :;c..k, site plIlUdlH'''''Hlg-dtF '.olume, on site nffonlnble
h-()HSi-n-e- m-iti~a tin "is -uIHj~sirH,hle.
b, Any off-site IIno..d al,le Illlllsi ng III iligation iSiH'f>vided-nl-tl-level me...tillg
.,... exceedinl; the p"o'. is;oo:; of section 2M-f4-.070(D)(S ).
c.--- 'l:JJeiHlHHlllt ot'nfHHIll(H'l.Htblelwusi-lIgl-lo&l"lln'lI dltl"5--ROt--eH'l.'ed forfy
(40) pen'en! of t1,eaddition..1 ""lfll' Area Ratio allowed hySpeciaIRe~,
DE. Off-street parking requirements. Whenever a special review is conducted to determine a
change in the off-street parking requirements, it shall be considered in accordance with the
standards set forth at Chapter 26.515.
1:.,.: Utility/trash service area. Whenever a special review is conducted to determine a change
in any utility/trash service area requirements, it shall be considered in accordance with the
standards set forth at section 26.575,060.
LG. Subdivision design standards. Whenever a special review is for development which does
not meet the subdivision design standards of section 26.480.050, the development shall be ap-
proved only if the conditions set forth at section 26.480,050 have been met.
~:,H. Accessory Dwelling Unit Design Standards. Whenever a special review is conducted to
determine a change in the design standards required for Accessory Dwelling Units, it shall be
considered in accordance with the standards set forth at section 26.520.080(D).
IN. Wireless Telecommunicationsfacilities and/or equipment. Whenever a special review is
conducted to appeal the decision of the Community Development Director regarding a pro-
posed wireless telecommunications service facility or equipment or to determine a proposed
increase in the allowed height of a wireless telecommunications facility and/or equipment, it
shall be considered in accordance with the standards set forth in Section 26.575.130(C)(6)
(Wireless Telecommunication services facilities and equipment)
Section 20:
Section 26.430.050(C) - Mountain view plane review standards, which outlines review
standards for Mountain view plane review, shall be amended to read as follows:
26.435.050 Mountain view plane review.
C. Mountain view plane review standards. No development shall be permitted within a
mountain view lane unless the Planning and Zoning Commission makes a determination that
the proposed development complies with all requirements set forth below.
Ordinance 12 Series 2007
Page 21 of34
April 23, 2007 draft
I. No mountain view plane is infringed upon, except as provided HI-,s,eeti",.
UtAM,.IlSO (CH~li:'i!u_!',.
When any mountain view plane projects at such an angle so as to reduce the maximum
allowable building height otherwise provided for in this title, development shall pro-
ceed according to the provisions of Chapter 26.445 as a planned unit development, so
as to provide for maximum flexibility in building design with special consideration to
bulk and height, open space and pedestrian space, and similarly to permit variations in
lot area, lot width, yard and building height requirements, view plane height limita-
tions.
l1le-1!1afHting lfn<~ZoniRgGolt-Hnis;;ion -may t"H'fUllf_Y'fleveloflet'-lrem-tlte-flb8\'e
l'RlI mel'll t",I-r-eq'Hl"l'ml'IHs wbelll'Vel' it is detel'lll ill",1 tn nHnt" vit"" f1llfflt" dot'S 118t
se-cllfft H"'f_<'e~lts fltl''''j-niff-t'ttttli<'llt-ifttHtf-P-l--iD-&1"-f lHtt~ffel'-fsofjl1t"-view
tHilfH~""nlny,be.JthefWise}l('(\.JntnH*l-a-teft
When any proposed development infringes upon a designated view plane, but is lo-
cated in front of another development which already blocks the same view plane, the
Planning and Zoning Commission shall consider whether or not the proposed devel-
opment will further infringe upon the view plane, and the likelihood that redevelop-
ment of the adjacent structure will occur to re-open the view plane. In the event the
proposed development does not further infringe upon the view plane, and re-
redevelopment to re-open the view plane cannot be anticipated, the Planning and Zon-
ing Commission shallfll'pmw tlle.le\'l'hlfllllftlf.:::_,:!lcEL' hs:h:::.c\nl'm,"'1 from II,,:
Section 21:
Section 26.430.060(C) - Hallam Lake Bluffreview standards, which outlines review stan-
dards for Hallam Lake Bliff review, shall be amended to read as follows:
26.435.060 Hallam Lake Bluff review.
C. Hallam Lake Bluffreview standards. No development shall be permitted within the Hal-
lam Lake BluffESA unless the Planning and Zoning Commission makes a determination that
the proposed development meets all of the following requirements:
I. No development, excavation or fill, other than native vegetation planting, shall take
place below the top of slope.
Ordinance 12 Series 2007
Page 22 of 34
April 23, 2007 draft
2. All development within the fifteen-foot setback from the top of slope shall be at grade.
Any proposed development not at grade within the fifteen- foot setback shall not be ap-
proved unless the Planning and Zoning Commission determines that the following
conditions can be met:
a. A unique condition exists on the site where strict adherence to the top of slope set-
back will create an unworkable design problem.
b. Any intrusion into the top of slope setback or height limit is minimized to the
greatest extent possible,
c. Other parts ofthe structure or development on the site are located outside the top
of slope setback line or height limit to the greatest extent possible.
d. Landscape treatment is increased to screen the structure or development in the set-
back from all adjoining properties.
3. All development outside the fifteen-foot setback from top of slope shall not exceed a
height delineated by a line drawn at a forty-five (45) degree angle from ground level at
the top-of-slope. Height shall be measured and determined by the Community Devel-
opment Director using the definition for height set forth at Section 26-.1. 04.100 and the
method of calculating height set forth at Section 26.575.020.
4. A landscape plan shall be submitted with all development applications. Such plan shall
include native vegetative screening of no less than fifty (50) percent of the develop-
ment as viewed from the rear (slope) of the parcel. All vegetative screening shall be
maintained in perpetuity and shall be replaced with the same or comparable material
should it die.
5. All exterior lighting shall be low and downcast with no light(s) directed toward the na-
ture preserve or located down the slope and shall be in compliance with section
26.575.150.
6. No fill material or debris shall be placed on the face of the slope. Historic drainage pat-
terns and rates must be maintained, Pools or hot tubs cannot be drained down the
slope.
7. Site sections drawn by a registered architect, landscape architect, or engineer shall be
submitted showing all existing and proposed site elements, the top of slope, and per-
tinent elevations above sea level.
Section 22:
Section 26.445.050(E) - Architecture Character, which outlines Architectural Character re-
view standards for Planned Unit Developments, shall be amended to read as follows:
26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD.
Ordinance 12 Series 2007
Page 23 of 34
April 23, 2007 draft
E. Architectural Character.
1. b!1e compatible with or enhance the visual character of the city, appropri-
ately relate to existing and proposed architecture of the property, represent a
character suitable for, and indicative of, the intended use, and respect the scale
and massing of nearby historical and cultural resources.
2. IJncorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less-intensive mechanical systems.
3. ,\accommodate the storage and shedding of snow, ice, and water in a safe
and appropriate manner that does not require significant maintenance.
Section 23:
Section 26.450 - Temporary Uses, which outlines standards relating to temporary uses,
shall be amended to read as follows:
Chapter 26.450
TEMPORARY",; ,\
'\ I USES
Section 24:
Section 26.450 .020- Authorization for temporary use, which outlines the permitted dura-
tion of a temporary uses, shall be amended to read as follows:
26.450.020 Authorization for temporary nses.
No temporary use shall be permitted except upon review and approval by either the Commu-
nity Development Director or by City Council in accordance with the procedures, standards
and limitations set forth in this Chapter. A temporary use may be granted by the City Council
for a period of up to 180 days. An insubstantial temporary use may be authorized by the
Community Development Director. An insubstantial temporary use shall be defined as a tem-
porary use that meets the criteria set forth below in Section 26.450.030, is limited to a period
of time not to exceed seven (7) days, the impact upon the immediate vicinity is determined to
be minimal, and in the opinion ofthe Community Development Director does not require the
review and approval of the City Council.
Section 25:
Section 26.450 .050(A) - Duration, which outlines the permitted duration of a temporary
uses, shall be amended to read as follows:
26.450.050 Duration and expiration of a temporary use.
Ordinance 12 Series 2007
Page 24 of 34
April 23, 2007 draft
A. Duration. Temporary uses may be granted for a period not to exceed one hundred eighty
(180) days from the date upon which the City Council approves-Sltilli' the !em 1'0 nt " lise, un-
less a shorter period is specified in the approval. Insubstantial temporary uses may be granted
for a period not to exceed seven (7) days from the date upon which the Community Develop-
ment Director approvedsllllleJI!';2"!!:!m'l!!:lD__"'_' , unless a shorter period oftime is specified
in the approval.
Section 26:
Section 26.450.060 - Procedure for temporary use approval, which outlines standards relat-
ing to temporary use approval, shall be amended to read as follows:
26.450.060 Procedure for temporary use approval.
A development application for temporary use shall be submitted to the Community Develop-
ment. If the Community Development Director determines that the proposed temporary use is
insubstantial in accordance with the criteria set forth at sections 26.450.020 and 26.450.030,
grant, or grant with conditions, the insub-
stantial temporary use. The Community Development Director may as part of the determina-
tion whether the temporary use is insubstantial, require the applicant to provide notice to sur-
rounding property owners with the an opportunity to comment by a date certain. The form and
method of such notice shall be in the sole discretion ofthe Community Development Director
taking into account the nature ofthe temporary use and its potential impacts upon the immedi-
ate vicinity. If the Community Development Director determines that the proposed temporary
use is not insubstantial, forward same with
comments and recommendations to City Council. City Council shall then after a public hear-
ing approve, approve with conditions, or deny the application. The hearing before City Coun-
cil shall be preceded by timely notice (publication, posting and mailing) as specified in section
26.304.060(E)(3)( a)(b )&( c), and all hearings shall be conducted in accordance with the proce-
dures set forth in section 26.304.060(C) of this title. (Ord. No. 27-2002 ~ 17,2002)
Section 27:
Section 26.480.050(A) - Review Standards, which outlines standards relating to Subdivi-
sion Review, shall be amended to read as follows:
26.480.050 Review Standards.
A. General requirements.
La. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
The proposed subdivision shall be consistent with the character of existing land
uses in the area.
Ordinance 12 Series 2007
Page 25 of 34
April 23, 2007 draft
,Ie. The proposed subdivision shall not adversely affect the future development of sur-
rounding areas.
!d. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
Section 28:
Section 26.480.050(B) - Review Standards, which outlines standards relating to Subdivi-
sion Review, shall be amended to read as follows:
26.480.050 Review Standards.
B. Suitability of landfor subdivision.
In. Land suitability. The proposed subdivision shall not be located on land unsuitable
for development because of flooding, drainage, rock or soil creep, mudflow, rock-
slide, avalanche or snow slide, steep topography or any other natural hazard or
other condition that will be harmful to the health, safety, or welfare ofthe residents
in the proposed subdivision.
lb. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs.
Section 29:
Section 26.520.020 - General, which outlines provisions related to Accessory Dwelling
Units, shall be amended to read as follows:
26. 520.020 General
Accessory Dwelling Units and Carriage Houses are separate dwelling units incidental and
subordinate in size and character to the primary residence and located on the same parcel or on
a contiguous lot under the same ownership. A primary residence may have no more than one
ADU or Carriage House. An ADU or Carriage House may not be accessory to another ADU
or Carriage House, A detached ADU or Carriage House may only be conveyed separate from
the primary residence as a "For Sale" Affordable Housing unit to a qualified purchaser pursu-
ant the Aspen/Pitkin County Housing Authority Guidelines, as amended. ADUs and Carriage
Houses shall not be considered units of density with regard to zoning requirements. Accessory
dwelling units and Carriage Houses shall not be used to satisfY employee housing require-
ments of the Growth Management Quota System
Accessory dwelling units and Carriage Houses also may not be used to meet
the requirements of ('lttttl-lff--Uh~30-":Rf'Sidenlilll i\l-uHi--/<a-miely- Hou:;ing RC[llneemenf
)1n:;gnuu.-"
ln~ ' All ADUs and Carriage Houses shall be developed in conformance with this Section.
Section 30:
Ordinance 12 Series 2007
Page 26 of 34
April 23, 2007 draft
Section 26.575.020(A) - Floor area, which outlines standards relating to calculating and
measuring floor area, shall be amended to read as follows:
26.575.020 Calcnlations and measnrements.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the fol-
lowing applies:
1. General. In measuring floor area for the purposes of calculating floor area ratio
and allowable floor area, there shall be included that floor area within the surrounding
exterior walls (measured from their exterior surface) of a building, or portion thereof.
2. Decks, Balconies. Porches. Loggias and Stairwavs. The calculation of the floor
area of a building or a portion thereof shall not include decks, balconies, exterior
stairways, tff-fll~g,;!!sj;'J.''-Land similar features, unless the area ofthese features is
greater than fifteen (15) percent of the maximum allowable floor area of the building
(the excess of the 15% shall be included). Porches not
be counted towards FAR.
3. Garages. Carports and Storage Areas. In all zone districts except the R-15-B zone
district, for the purpose of calculating floor area ratio and allowable floor area for a lot
whose principal use is residential, garages, carports, and storage areas shall be ex-
cluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit;
all garage, carport, and storage areas between two hundred fifty (250) and five hundred
(500) square feet shall count fifty (50) percent towards allowable floor area; all garage,
carport and storage areas in excess of five hundred (500) square feet per dwelling unit
shall be included as part ofthe residential floor area calculation. For any dwelling unit
which can be accessed from an alley or private road entering at the rear or side of the
dwelling unit, the garage shall only be excluded from floor area calculations up to two
hundred fifty (250) square feet per dwelling unit if it is located on said alley or road;
all garage, carport and storage areas between two hundred fifty (250) and five hundred
(500) square feet shall count fifty (50) percent towards allowable floor area. For the
purposes of determining the exclusion, if any, applicable to garages, carports, and stor-
age areas, the area of all structures on a parcel shall be aggregated.
the R-I B zone district, garage,
carport, and storage areas shall be limited to a five hundred (500) square foot exemp-
tion
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in
calculating floor area, the following shall apply:
a. For any story that is partially above and partially below natural or finished
grade, whichever is lower, the total percentage of exterior surface wall area that
Ordinance 12 Series 2007
Page 27 of 34
April 23, 2007 draft
is exposed above the most restrictive of the grades shall be the total percentage
of the gross square footage of the subject story included in the floor area calcu-
lation. Subgrade stories with no exposed exterior surface wall area shall be ex-
cluded from floor area calculations.
(Example: If fifteen (15) percent of the exterior surface wall area has been ex-
posed above natural or finished grade (whichever is lower), then fifteen (15) per-
cent ofthe gross square footage ofthe subject story will be included as floor area.)
b.- AlsHe"c1ulled from 11001' nrell-cllk-ulatiftIlS shallbell"Ti*trtioll-ofll
:;uh~nl(le "CI":ss(jr~' lIwelli,,;; unit whose extcritw-sitffllcc \'dlllllrell is eXJloscll
ll~rlltje-fur-ghtss,wi-ttd"wttl}Clliltgs,do(lrs,-lIlld--silttihtr WIIYS of gcttil~
hgltt-lInd-a-ir -in tfl--tile unit,ltI' tilffiitl'ttvitk-Sfellltired-lla if'<trm-ll"ililia-g'(:,,<le
egress to Iheunjt, The IlIllviRlIIRl llllHH11l1 of this cxclu5-iolt sh"lIItco"e hllll-
dred-I-11lll}-s.f oH-he-fl<-lltf-ilt'Cll -,>I' Ihc-ilI'CI'SS<lry ,I'" ell i Ilgnnil.
c: '. For any dwelling unit that can be accessed from an alley or private road en-
tering at the rear or side of the dwelling unit, the garage or carport shall only be
eligible for the exclusions described in sub-sections a.-lHHlh. ifit is located along
said alley or road.
<Is:. In the R-15B zone district only, garages, carports, and storage areas shall be
excluded from residential floor area calculations up to a maximum of five hundred
(500) square feet per dwelling unit.
5. (Repealed by Ord. No. 56-2000, 9 8)
6. Accessorv Dwelling Units and Carriage Houses. An Accessory Dwelling
Unit or Carriage House shall be calculated and attributed to the allowable floor
area for a parcel with the same inclusions and exclusions for calculating Floor
Area as defined in this Section, unless eligible for an exemption as described be-
low:
Detached and permanentlv affordable ADU or Carriage House Floor Area Ex-
emption. One Hundred (100) percent of the Floor Area of an ADU or Carriage
House which is detached from the primary residence and deed restricted as a
"For Sale" affordable housing unit and transferred to a qualified purchaser in ac-
cordance with the AspenlPitkin County Housing Authority Guidelines, as
amended, shall be excluded from the calculation of Floor Area, up to a maximum
exemption of 1,200 square
Ordinance 12 Series 2007
Page 28 of 34
April 23, 2007 draft
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single-
family or duplex residence and a permanently affordable "For Sale" ADU or
Carriage House located on the same parcel which has been transferred to a quali-
fied purchaser in accordance with the Aspen/Pitkin County Housing Authority
Guidelines, as amended, shall be eligible for an Affordable Housing Floor Area
bonus equal to or lesser than fifty (50) percent ofthe Floor Area of the associated
ADU or Carriage House up to a maximum bonus of six-hundred (600) square
8. Linked Pavilion. Any element linking the principal structure to an acces-
sory structure shall not be included in the calculation of floor area provided that
the linking structure is no more than one (I) story tall, six (6) feet wide and ten
(10) feet long. Areas oflinking structures in excess often feet in length shall be
counted in floor area.
Ordinance 12 Series 2007
Page 29 of 34
April 23, 2007 draft
;n rOHI.l~':.;~~
Section 31:
Section 26.310 26.575.040(A) - Projections into required yards, which outlines what is
permitted in required yards, shall be amended to read as follows:
26.575.040 Yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky
except for the following allowed projections:
I. Building eaves--Eighteen (18) inches;
2. Architectural projections-- Eighteen (18) inches;
3. Balconies not utilized as an exterior passageway, may extend the lesser of one-third of
the way between the required setback and the property line or four (4) feet.
4. Fire escapes required by the hll-ifut'Hl-tfiliT""IJ,![j,t1 Building Code--Four (4) feet;
5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures,
which do not exceed thirty (30) inches above or below natural
shall be permitted to project into the yard with-
out restriction. Projections may exceed thirty (30) inches below grade if determined to
be required by the chief building official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from
natural grade, are permitted in all required yard setbacks. (See, Supplementary Regula-
tions - Section 26.575.050, Fences.).
7. Driveways Driveway access shall not exceed a depth or height greater than twenty-
four (24) inches above or below grade within the required front yard setback, Within
all other required setbacks, driveway access shall not exceed a depth or height greater
than thirty (30) inches above or below grade. Parking is only permitted within required
setbacks if it is in an approved driveway or other area approved for parking.
Ordinance 12 Series 2007
Page 30 of 34
April 23, 2007 draft
8. Exterior merchandizing. Exterior merchandizing in non-residential zone districts shall
be prohibited in all required yard set backs.
Section 32:
Section 26.575.040(C) - Corner Lots, which outlines provisions for corner lots, shall be
amended to read as follows:
C. Corner Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall
have a choice as to which yard shall be considered as the front yard, M1l'ltytH'tl--t""'.lLL<;Lo.;3,,,i
meet minimum setbacks for a front yard in that zone district. The remaining yard bordering a
street mayberetluced by one-third (113) of the required front yard
setback distance for the zone district. The rear yard must coincide with the rear alignment of
neighboring lots regardless of which yard is considered the front yard by the owner.
Section 33:
Section 26.575.050 - Fences, which outlines requirements for fences, shall be amended to
read as follows:
26.575.050 Fences.
Fences shall be permitted in every zone district provided that no fence shall exceed six (6) feet
above natural grade or as otherwise regulated by the Residential Design Standards
Chapter~ 26.41 Fences visible from the
public right-of-way shall be constructed of wood, stone, wrought iron or masonry. On corner
lots, no fence, retaining wall, or similar object shall be erected or maintained which obstructs
the traffic vision, nor on corner lots shall any fence, retaining wall, or similar obstruction be
erected or maintained which exceeds a height offorty-two (42) inches, measured from street
grade, within thirty (30) feet from the paved or unpaved roadway. Plans showing proposed
construction, material, location and height shall be presented to the building inspector before a
building permit for a fence is issued. Additionally, foliage shall be placed and maintained so
that it will not obstruct vehicular visibility at intersections. (Ord. No. 55-2000, 9 16)
Section 34:
Section 26.575.060 - Utility/TrashlRecycle Service Areas, which outlines requirements for
UtilityffrashlRecycle Service Areas, shall be amended to read as follows:
Ordinance 12 Series 2007
Page 31 of 34
April 23, 2007 draft
26.575.060 UtilityrrrashlRecycle Service Areas.
A. General. The following provisions shall apply to all utility/trash service areas:
1. If the property adjoins an alleyway, the utility/trash/recycle service area shall be
along and accessed from the alleyway. Unless entirely located on an alleyway, all
utility/trash service areas shall be fenced so as not to be visible from the street, and
such fences shall be six (6) feet high from grade. All fences shall be of sound con-
struction and shall be no less than 90% opaque.
2. Whenever this Title shall require that an utility/trash/recycle service area be pro-
vided abutting an alley, buildings may extend to the rear property line if otherwise
allowed by this title provided that an open area is provided which shall be accessi-
ble to the alley, and which meets the dimensional requirements of this section.
3. A minimum of twenty (20) linear feet of the utility/trash service area shall be re-
served for box storage, utility transformers or equipment, building access, and
trash and recycling facilities. For properties with 30 feet, or less, of alley frontage,
this requirement shall be fifteen (15) linear feet. For properties with no alley ac-
cess, no requirement shall apply. The required area shall have a minimum vertical
clearance of 10 feet and a minimum depth of 10 feet at ground level. The required
area shall not be used for required parking or as vehicular access to a parking area.
4. The Planning and Zoning Commission may reduce the required dimensions of this
area by special review (see Chapter 26.430) and in accordance with the standards
set forth below at Section 26.575.060(B).
d'
Section 35:
Section 26.575 shall be amended to add 26.575.220, Lodge Auditing, which outlines re-
quirements for auditing the operations oflodge development, and shall read as follows:
Ordinance 12 Series 2007
Page 32 of 34
April 23, 2007 draft
Section 36:
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 ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 37:
Ifany section, subsection, sentence, clause, phrase, or portion ofthis Resolution is for any rea-
son 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 ofthe
remaining portions thereof.
Section 38:
That the City Clerk is directed, upon the adoption ofthis Ordinance, to record a copy of this Ordi-
nance in the office of the Pitkin County Clerk and Recorder.
Section 39:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00 p.m. in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hear-
ing a public notice ofthe same was published in a newspaper of general circulation within the City
of Aspen.
Section 40:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest:
Ordinance 12 Series 2007
Page 33 of 34
April 23, 2007 draft
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of _, 2007,
Attest:
Kathryn S. Koch, City Clerk
Helen K. K1anderud, Mayor
Approved as to form:
City Attorney
Ordinance 12 Series 2007
Page 34 of 34
April 23, 2007 draft
VIII,
MEMORANDUM
TO:
Mayor Helen Klanderud and Aspen City Council
FROM:
Chris Bendon, Community Development Director
Jennifer Phelan, Senior Long Range Planner
RE:
Land Use Code Amendments - Public Hearing - Ordinance No. 13
. Chapter 26. 412, Commercial Design Review
. Section 26.575.030, Pedestrian Amenity
. Adoption of tbe Commercial, Lodging and Historic District Design
Objectives and GnideUnes
MEETING
DATE:
Monday, April 23, 2007
SUMMARY:
This proposed ordinance amends Chapter 26.412, Commercial Design Review and Section
26.575.030 Pedestrian, now Public, Amenity so that the chapter and section relate to the
Commercial, Lodging and Historic District Design Objectives and Guidelines developed by
Winter and Company. Currently, the Commercial Design Review chapter is the City's only
regulatory tool with regard to design of commercial, lodging and mixed-use development outside
of properties subject to review by the Historic Preservation Commission.
The guidelines developed by Winter and Company go into greater depth than the existing
commercial design standards, so many of the existing standards have been deleted and a project
will be required to meet the Commercial, Lodging and Historic District Design Objectives and
Guidelines. A two-step commercial design review process that mirrors the process used by the
Historic Preservation Commission is included in the ordinance.
The ordinance also adopts the Commercial, Lodging and Historic District Design Objectives and
Guidelines to be used as a regulatory document. Both the Historic Preservation Commission and
the Planning and Zoning Commission made a recommendation of approval with the following
conditions:
1) The consultant will critically review the photographs within the document and include
better images where appropriate, in particular, the image of the parking garage access on
Page 49, any images showing head-in parking access and simplify the modeled lodge
images on pages 64 and 65.
2) Clarify and emphasize that not all of the proposed amenity types will be appropriate in
particular locations; however, the public amenity section of the document provides a
menu of potential choices and the location and type of the amenity is at the discretion of
the reviewing body.
II
.
.
II
3) Clarify the meaning of contemporary, in relation to design, within the document.
4) Staff has the ability to make typographical edits to the document and ensure format
consistency.
5) The consultant shall incorporate all of the existing preservation guidelines in the City of
Aspen's Historic Preservation Design Guidelines with regard to the Commercial Core
and Main Street historic districts into the proposed document.
Staff recommends City Council consider the proposed Ordinance in relation to the other
proposed amendments, conduct the public hearing, gain clarity on the proposal, and direct staff
accordingly. Absent desired changes, staff believes the ordinance is ready for adoption but does
have continued public hearing dates reserved for continued discussion on the matter.
DETAIL OF AMENDMENTS:
Following is a description of the significant policy changes that are proposed in this Ordinance.
The Ordinance contains a series of "numbered flags" that relate to the notes below:
The wording for the section on Applicability (what projects are subject to Commercial Design
Review) has not changed; however the location of the section has been relocated to be closer to
the beginning of the chapter.
Under Section 26.412.030, Review Authority, the design review process has been amended to
clearly indicate that the Historic Preservation Commission has Commercial Design Review
Authority in the Commercial Core Historic District, the Main Street Historic District and on
projects that are individually landmarked. The Planning Commission has purview over all other
projects subject to Commercial Design Review.
This paragraph allows for both commissions to provide a referral on a particular project, but does
not require the reviewing Commission to adhere to the referral comments.
Under Review Procedure, Section 26.412. 040, Commercial Design is divided into two review
steps: Conceptual Design and Final Design. This will allow for general issues of massing, height,
public amenity and setbacks to be handled at a conceptual level. Once conceptual approval is
granted the applicant can then go into final design review. Staff is recommending that the
conceptual review not be allowed to be consolidated with any growth management reviews since
the general massing and height issues should be handled prior to review of the program of the
building, In order to create some continuity in review, the review application, procedure and
approvals duplicates the requirements with the Historic Preservation Chapter of the Land Use
Code.
.
Staff has amended the appeals and call-up section to be similar to the Historic Preservation
Chapter, with the exception that Council may call-up an approval at the conceptual approval
II
.
..
..
..
rather than the final approval. This will allow a review ofthe massing, height and public amenity
issues at the beginning of the project rather than late in the review process.
.
Under Review Criteria, Section 26.412.050, a new standard requiring compliance with the
Commercial, Lodging and Historic District Design Objectives and Guidelines is included.
.
In the existing chapter on Commercial Design Review, multiple review standards are included.
In Ordinance No. 13, a' number of the requirements have been struck since they are now covered
by the design guidelines and standards document produced by Winter and Co.
Per the recommendation of Winter and Co., the area requiring Public Amenity space has been
expanded to include the commercial and lodging zone districts that are covered in the design
guidelines being developed by Winter and Co.
Currently, twenty-five percent ofa parcel is required to be provided for public amenity. On
redevelopment projects that currently have less than twenty-five percent of their parcel
developed as public amenity the existing percentage is their requirement, provided it is no less
than ten percent. The existing code allowed redevelopment projects where less than ten percent
of public amenity space existed to automatically pay cash-in-Iieu. This has been deleted. Please
note that there are review standards that allow a reduction in the required amount of public
amenity space.
Purview of Public Amenity Space review is handled in the same manner as Commercial Design
Review. If a project is in the Commercial Core Historic District, Main Street Historic District, or
a landmark property, it is reviewed by the HPC. All other projects subject to the Public Amenity
requirement are reviewed by P&Z.
With the suggestion by Winter and Co. that second story amenity space may be appropriate in
some instances, second level amenity space is now mentioned as a potential option if approved
by the reviewing Commission.
Compliance with the design standards has been added.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to continue Ordinance No. 13, Series of2007, to April 24, 2007."
ALTERNATE MOTION:
"I move to approve Ordinance No. 13, Series of2007."
ORDINANCE NO. ...1L
(SERIES OF 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, APPROVING REPEAL
AND RE-ENACTMENT OF TITLE 26, PART 400, CHAPTER 412, COMMERCIAL DESIGN
REVIEW, OF THE CITY OF ASPEN MUNICIPAL CODE AND TITLE 26, PART 500,
CHAPTER 575, SECTION 030, PEDESTRIAN AMENITY, AS WELL AS ADOPT THE
"COMMERCIAL, LODGING AND mSTORIC DISTRICT DESIGN OBJECTIVES AND
GUIDELINES".
WHEREAS, the amendments requested relate to the following Chapters and Sections
of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.412 - Commercial Design Review
26.575.030 -Public Amenity; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Community Development Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, pursuant to Section 26.208.010 I, the City Council has the authority to
adopt by resolution or ordinance any plans, guidelines, or documents that will be used in a
guiding and regulatory capacity by the city; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of its commercial and lodging
districts; and,
WHEREAS, in order to encourage continued vitality and excellent architecture within
the community, certain development requirements are prescribed by the land use code and the
"Commercial, Lodging and Historic District Design Objectives and Guidelines"; and,
WHEREAS, as an additional means of encouraging a social liveliness public amenity
spaces are required; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments of the code and adoption of the "Commercial, Lodging and Historic
District Design Objectives and Guidelines", as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability of the local social and economic conditions of Aspen.
Page 1 of21
. Continuing to build on what we have by authentically preserving historic structures and
creating thoughtful new buildings that encourage and shape that feeling of historical
continuity.
. Creating a more vibrant town with appropriate mixed uses and a variety of building
sizes. Allow historic patterns to inform new development throughout town.
. Encouraging creativity and results in design solutions that are fresh and innovative, yet
are net additions to the built environment by being contextually appropriate and
harmonious without being copies of that which already exists.
. Retaining and encouraging an eclectic mix of design styles to maintain and enhance the
special character of our community.
. Developing a big picture view and a "pattern language" for Aspen. Tools should be
developed to help achieve our design quality goals that are simple, clear, and well
coordinated; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 19,
2007, April 4, 2007, April 9, 2007 and April 10,2007 took and considered public testimony
and the recommendation of the Community Development Director and recommended, by a
five to zero (5-0) vote, City Council adopt the proposed amendments to the land use code by
amending the text of the above noted Chapters and Sections of the Land Use Code via the
approval of Resolution No. 16 (Series 2007), as described herein; and,
WHEREAS, the Planning and Zoning Commission and the Historic Preservation
Commission opened the public hearing to consider adoption of the Commercial, Lodging and
Historic District Design Objectives and Guidelines on March 19, 2007 and April 4, 2007, took
and considered public testimony and the recommendation of the Community Development
Director and both Commissions recommended via Resolution No. 17 (Series 2007) and
Resolution No. 15 (Series 2007), respectively, by a four to zero (4-0) vote of each
Commission, adoption of the Commercial, Lodging and Historic District Design Objectives
and Guidelines with conditions and recommended City Council adopt the document with
conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code and adoption of the Commercial, Lodging and Historic District
Design Objectives and Guidelines under the applicable provisions of the Municipal Code identified
herein; has reviewed and considered the recommendation of the Community Development Director,
the Planning and Zoning Commission and The Historic Preservation Commission and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code and adoption of the "Commercial, Lodging and Historic District Design Objectives and
Guidelines" meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
Page 2 of21
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.412, Commercial Design Review, of the Municipal Code, which chapter sets forth
the standards, criteria, and procedure for commercial design review, is hereby repealed in full
and re-enacted to read as follows:
26.412
COMMERCIAL DESIGN REVIEW
26.412.010
26.412.020
26.412.030
26.412.040
26.412.050
26.412.060
26.412.070
26.412.080
l{,A-l-bW>O. .
Purpose.
.E ," lc,vProcednre
Review Criteria.
Commercial Design Standards.
Suggested Design Elements.
Amendment of Commercial Design Review Approval.
- Aftl-"'
26.412.010 Pnrpose.
The purpose of Commercial Design Review is to preserve and foster proper commercial district
scale and character, and to ensure that Aspen's commercial areas and streetscapes are public
places conducive to walking. The review standards do not prescribe architectural style, but do
require certain building elements contribute to the streetscape.
The character of Aspen's commercial district is largely established by the variety of uses and the
relationship between front facades of buildings and the streets they face. By requiring certain
building elements to be incorporated in the design of new and remodeled buildings, storefronts
are more appealing and can contribute to a well-designed, exciting commercial district.
Accommodation of the automobile within commercial districts is important to the consistency
and quality of pedestrian streetscapes. The standards prescribe certain methods of
accommodating on-site parking to achieve environments conducive to walking.
Acknowledgement of the context that has been established by the existing built environment is
important to protecting the uniqueness of the town. To achieve compatibility, certain standards
require building elements to be influenced by adjoining development, views, pedestrian malls, or
sun angles.
Page 3 of21
II
Finally, along with creating architecturally interesting and lively primary streets, the pedestrian
nature of downtown can be further enhanced by making alleys an attractive place to walk. Store
entrances and display windows along alleyways are encouraged to augment, while not detracting
from, the pedestrian interest of primary streets.
.
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26.412.0}l.0 \,<e'-ic" Anthority.
The Planning and Zoning Commission, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section 26.304,
shall approve, approve with conditions, or disapprove a land use application for Commercial
Design Review, pursuant to Section 26.412.050, Review Criteria
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a-ppH€a\iot+-j,;-subject to review by the Historic Preservation Commission, aHd-!he-a-pplicmioH-has
l)('eH-HppHt''*!-tf~'a-e(\mt>lfled--t,wicw-prl'''ess, -pUPit+aIH hl See+jOtl~+604,4(tlJ,g---- Co m b j fled
Rc\ ie", :;. \1#.;>- hi Historic Preservation Commission shall approve, approve with conditions, or
disapprove the land use application for Commercial Design Review, pursuant to Section
26.412.050, Review Criteria.
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26. 11 2. O--J#- ----A-t11l-lK'ltltili-l-~--lht, ;,ec t i olt--ar'l'lie&--*, u II C" III III e rc-ittl-,--ledgiHjt.-attci-m-i-xetl-tt5eJ
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Page 4 of21
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b:i the Commlffiify-~>pfH<ffi!-f)+ra'li\-f-if,l1C deH'.JHpl-ll<'ttt-~
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-H-t€--huih4H-l-g-{1L --in- the'np,in,i{Hl'''o,rthc,-{''nnHHunit):"D0v0~'''pm{~H+l)irt."'-C-ti).r~ Bhan~€'s the
I.?); lC ri l )1' ill :;ll c-lt-a-'Ht-i-ft-Htln-I-+THtnH~f--as--I-H-H{tl.jHstiry--lhi-:;.-ft;'-v-te-'tV;
A,Arl'Hlfldelof a-s!.rlldllre wherclJroposed a!tcfations -alke!. '",pee!.s olthccXlcriorol the
huijd1ng-l\ol--addre..,,;c.'fl-lwlfl" ('<lIlHl"-'-fe1itl I )esign "!.andHfds ,,1' "eel ion 2('AI-2A1M),
A /\"'lll'\i{'l(}fHlll'Hla<..:tivitY"lhJtsuhjrcl t\! a.nY\HhDf reviews rC{11Iir.ing"HppH1val--hy cith(;flhe
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26.412.040
I!',:.'_',\"\_ Procednre
, "!", A.-I'-rt'-rJ-l'plit.tifi_
Pursuant to Section 26.304.020, Pre-Application Conference, Applicants are encouraged
to meet with a City Planner of the Community Development Department
to clarifY the requirements of this section and to determine if a project may be exempted from the
provisions of this section. -rhis-s(el~isfl"'lIHHHdn~
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Section 26.112.060. CormHef€iallk;I;;n Slandard"
Public notice -fur-tke-t*ffilic hcarinb>--&hall-~}('-flFfl-V.itlcd by public<Hiitf,,--~g-.- itnd maltins.
,See Seelion ~6.30 I.06(Jf88*ilHbh~H
li.E. ;!m.',,'*' Notice to City Council and Call-Up
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)4. Notice to City Council. Following the adoption of a resolution approving or approving
with conditions a development application for Commt1f'c'iit1--Dc,i;n-Ri'vlt'wn" , "',
City Council shall be promptly notified of the action to allow the City Council an opportunity
to avail itself of the Call-Up procedure set forth below. Notification shall consist of a
description in written and graphic form of the project with a copy of the approving document.
Also see appeal procedures, Section 26.412.090.
2. Call-Uo. Following the adoption of a resolution approving or approving with conditions a
development application for Commercial Design Review, the City Council may order call-up
of the action within thirty (30) days of the decision, action or determination. Consequently no
associated permits can be issued during the thirty (30) day call-up period. If City Council
does not call-up the action within the call-up period, the resolution shall be the final decision
on the matter.
3. City Council action on call up. The City Council shall consider the application on the
record established before the Planning and Zoning Commission or Historic Preservation
Commission, as applicable. The City Council shall affirm the decision of the Commission
unless there is a finding that there was a denial of due process, or the Commission exceeded
its jurisdiction or abused its discretion. The City Council shall take such action as is deemed
necessary to remedy said situation, including, but not limited to:
a. Reversing the decision.
b. Altering the conditions of approval.
c. Remanding the application to the Commission for rehearing.
26.412.050 Review Criteria.
An application for Commercial Design Review may be approved, approved with conditions,
or denied based on conformance with the following criteria:
L The proposed development meets the requirements of Section 26.412.060, Commercial
Design Standards or any deviation from the Standards provides a more-appealing pattern
Page 90f21
of development considering the context in which the development is proposed and the
purpose of the particular standard. Unique site constraints can justity a deviation from
the Standards. Compliance with Section 26.412.070, Suggested Design Elements, is not
required but may be used to justity a deviation from the Standards.
LFor proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412.060, Commercial
Design Standards, to the greatest extent practicaL ('k",,',..Amcndrnent:; to the fayade of
the building may be required to comply with this section.
+.. I'll! "r""ertle.; li:;tcd un tile In.,,*t\tlfTBt:-Hi;tcric SiIC" and Structure:; ur lucnted willli"-il
Hi,(<,riv.!)i;;lr.iol.lhe l>ft't*"",e-devcloprnolll has f€€t'ivee COflceptltitl-Devek'pfflent I'lml
appro';alli'olt1 the Ili::IO-fte- P.e,;crYCIlil>H-C"tmfti55iHH..-f>uLuanl to Chapler 26.115, +Jti:;
€RterIBfI--'ihrtlt. HtH...app1y -if-Hw -,level, 'prncnt at'! iVtly--{4ee;;--H,>l--fC(lttirt'-ff-view -by--the
1;,listorlc,,,,Pres0rValfi:Hl(:('HllnlSsi,of! 0
.
.
Commercial Design Standards. The following design standards
I H'l'l":"'" shall apply to
commercial, lodging, and mixed-use development:
26.412.060
A..-8Hilding-ReltfIH)nsIHp-H+-PFimHl~' .\.tl'eel.
A...stre<'I-..",aI1 -tsOOH!fJrisetl-+l-I:. hHlllling"-l'a,,ing-i'H'iHetl)lB--str<...'t;;-.aHd--l'uh+iryode,;tr ian ';pac L' ,; ,
8=tH-Ststcnt"stH.'el\-VHllspF(-)V"j.de--a---~,{lse+)l:"''''11''C{)hCfCHI{I"i'stri-etaH-d-fl'aHlB'Hn{)Hld{)t)r'''f{HHH-~
l,nlerruptf(}!lS--ftl 1h i ~. one !{)-;-.IH-(;-\;:-an .h::...~ell--ttl0-{IHa:Jily,,{}faCI}HHH0rCtalslrt'c+~' -(' ()rnCr-hllil{lings"Hfe
espeeiH'! ty.iml"mutll,tn .tllat'lh"y ar" fllH'evbiJtl<"-{llltl-the.ir..,,,ak'-ilHt~ J1f{'J10rtil'>H-il*'€ts"llle -!ilreel
-\-V-a+~s-Hft-v..~+,),,"':Stfei2'ts~_m-\Vell-des~gned{HHJI\h;:-a+ed. -r('de---;l-{'ti.l-n..t-lp{,-!l--Spi:li2\:.:;S'{'+H+""pH~Y-{lff0Cl-ll1-0'
<JHil! it:. (1 r tll<,--di:,lfi,+.--v,.jr+Ie--+<'fltffimt'H1~.lelliw€f~'eatt -tle1+it<+.IH-"H-IIl~Hlt 1\'.,1, \,
OOiMing':";'.-fffiiliHnsitirH(1 the 4reel-i';"-€'Hlifely--i+nj)H-flffill-IH---llf€--'tHif1il:---U r 111 e d (l\\lttewH
t_.Jestriatt-,'ffi'ifiH1H1€ttt.---Sj-,Hl--lev€1 fe\ai.j-an,~-I ll,'ge -ver+ie'HI.",'paralhHb-ff<>Hl--lhe-'iitk'WH-lk--<.'{ffl
ebr-Hfl'H*,-€f'h8-elK'€'-(-..HH-t'lttiJ-{li,tri€L.-+'lt"I{}J.kw,'ilt!t~;liHKlaffb- s-ltaJ4"i'l'f'l7'
I JJllildiHglaeadesshal.l he ram14el-l<> Ille adjoining pril11[ll'y-sl1'eets. ....Minuf ekl11ent' Hfll1e
hu*llllg-'fa,?*Ie"tfit)'-fq~veh)I>ed-itl-im.'b"Hiaf H'~"".
l-J~-l.Jildjng",fflCLt(-I{'sakHlgpri+rwryslfC('rs-s-hall he-~->-t-h-Ht'k-lH)""HHJfl'lhanlhB""avefagt;'Si::'rt)ack-nr
ffie-ildjoinirlg.-hHikling,- an d n (' kss-+han--tt1-t' -ttHfti-Hta'fr.req II irem e'H-flf'l*'-ra~'-t' I ur 70 ne
(--H-st-fk'-t--;-- l';'ienlpl",fr{)ffl-+hiS"'flFt'J-visi+tn-are-,,,hu,i-ldingsetha('-k''+-.-*'€t+ffi-H-lfl{ia~:jng(}n-S,tle
I'~jrian Al11onily; pl1rSHHnHo Soi:tion26,575.030.
-1-;B1Jild-iHg-fac,\dt~} 'i+l-i-l-f1--g-t)f~tIH:arY-'rt-Ft:'-t'-\-s--sh-a llHHi.iHl+till-H---I2< in-s-fst-€'Hlsethitt.:' k-tH1-+l-1t,:"fi,n;.1'i:Hl(j
sel}{)HtlSl(}Fy;
i-;(:(iHHne-l'cl-alhuif-tjjng-s""h,a,t"lh,,-,:d-evetl+pt'tJ,m\-\-i+!-l---t-~h;;--"f lrs+mll{}(iF i-.tt.;{)F",\vilhint'....'t)- 'r2:lit't:'-1
i:th\Jve~th(\m!,evt:l{)rlhe'i-tdj{.,inill!~~ide\\ 'H. !k; HFfight-{)I:"'''''Hyit' Hostde, va l-k "-0:\.iSlS;""':'~'Sfll-i-t--
k,,,j:'+t'l+H+*H1tli\g"~i~~I,
Page 10 of21
-I~C n m 111 crc i 31 IIBi ldings. ine{lrpfwal.lHga .sNbae-h-IfH!H- a-pr-Imarystrccl. shall-!lHl-trJ(',{\l'pHl'at€a
,-ub"tuntiut grade--€-ha,tg€--OOWe€fl-ltlC buillliflj!;- 111,udc anEl-the--f'+'hli€- righl of ',...a).
"'=--r\4tl&t:5"'Sufr-(HlndinghHi!{Hn-gs-ar(lpi\)!li-h~!t'd,_
g.,4...Pllb/h-etleslfflffl Amenity Space.
Creative, well-designed public places and settings contribute to an attractive, exciting, and vital
downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere.
~"(~nPul,ii, amenity can take the form of physical or operational improvements to public
rights-of-way or private property within commercial areas.
On parcels required to provide amenity, pursuant to Section 26.575.030 -
j'edestl'iitltf',,:,i Amenity, the following standards shall apply to the provision of such amenity.
Acceptance of the method or combination of methods of providing the Jied",,+ffilliF"',. Amenity
shall be at the option of the Planning and Zoning Commission, or the Historic Preservation
Commission as applicable, according to the procedures herein and according to the following
standards:
I. The dimensions of any proposed on-site peOCslrianp"ni:,: amenity sufficiently allow for a
variety of uses and activities to occur considering any expected tenant and future
potential tenants and uses.
2. The pedestrtrJn, ':' amenity contributes to an active street vitality. To accomplish this
characteristic, public seating, outdoor restaurant seating or similar active uses, shade
trees, solar access, view orientation, and simple at-grade relationships with adjacent
rights-of-way are encouraged.
3. The amenity, and the design and operating characteristics of adjacent
structures, rights-of-way, and uses, contributes to an inviting pedestrian environment.
4. The proposed amenity does not duplicate existing pedestrian space created by malls,
sidewalks, or adjacent property, or such duplication does not detract from the pedestrian
environment.
5. Any variation to the Design and Operational Standards for Pedestrian Amenity, Section
26.575.030(F) promote the purpose ofthe pedestrian amenity requirements.
,>c+He-J2.litHnirtg und- f'HB ittg.(:+\lHl'HIs,; Ion or 1 j.i-51HffE.-j\H'fi<!A'altHn-{"+l1'lfl~'C.",s-ap p lie ab I c.
may reduce tll€-i'l0d€'ilHan-alHeHit';-HS-iUt~-jw-an) nmounl.-s,wh-lMno llwre than
PH1j('€+smhav-ingmm{1
~i:'-BMffffiH-ttOO--h-)-iHt'--t)et~t'~HH--en-v"i'HtH:H1:ettt:-+he--frlS1l11 j 11'; n.'411 i rLll1Cnt may no!
f>€.. ~..IIHH1- -+ljQ<r.----.{ltt-,,;It>-t,~*t-shilj.1 .nul-he--f0Elufl'ed..f(lf-a --t'ctltt€liofT-ffi-\i'H.'
r~qtHR'-H*!nl;-A 'nl~:\-Hf-Hses\-vilhi-n t h0--prctptlsedhu i khng--thatenliv€-ll"lheS1JrrOHIKli"11 g
jlt'CkslffitH.et+VffitfHltt'nHHtI y be cu n ideJ'€th
(';..-SIr-et'~4..g/Jiltf.iIlK-Elem/!H8.
rrhC';ShH\;,t~F(H1L:'{)fstrccI-!c-v'el"'p(H'tii:~tlm+.t'a:cfHHfHcfcial b,u,i,lfltH-g is--ilc-/'-hap-s-tllc,-s-ingltJHH)-st
ttHf'H)rtanlclctnen+""(.f,,a'CtH11rnCfl' in I (! is-H'~(+--bllildiHg;,,,,,,I':ll('€tivcm5tor(' fron I design CLHl Hlahc ..an
entirE' {liSlftt'f' in\'"i+ingdH<.:J--f1etldsl+-ian -fFi-e-n--{~ly": L;!+apr0altHg"'~h)f---e-t-'H+n+ destgl\ CHtlh(;'Cl1tHB""-H
Page 11 of21
ae-tfi-n-reHtlothe"vitalil)-'-O-fit-l2-0HHH:C1T ial{lt~+fic+:1 n '{)fdet:--h:'l"-hea'n""effeCtiVemt~H: i li+y--fi-)-f-4h-esH~e
e-f-geod,; and ,;l~";'--;---t-t-k";tu I"lCfront ...fti-P.r--t-fdtl-1+iHHooT~~H-us-e{J-ib-it-t-HB-l--k-'l--prt:,;ent--t+tf:,se---g-t4ttth
flH4.. s~f\iee:; 10 the pa;in;: 1~iat+-ff>Hl""liu+ cu:;tomer). Becau:;. * Ihi:, flincH,"), Ihe
st(-)re-ffH-nt---h-a-s---t-raditi\)nally,bccnastr-an,o:,par+JHt---ft'TfKIssi hk'-hJ-{l I to\V H1H:\.lHHHH v,isihililY t{'lm the
inlerim,. Ct:!le.t;,ll(}wi}}~c sHmdaHls. shal+ app+y'
4.l'narticula!l'd. blank \\all:; are prohibited, Fer_ll'alion. or an t:I:erl1l:te mean.: or h~ad~
al'lku!a1iiHl.is required.eH aft eXlerier.,,,\lls,
(I. Rei" i I--OOiltliHp--,-;ha II i n eOfi*tf~-ill--iHltiHittttttn,~d--('(J% rl" J ":;1 rn I i on rGti 0 0 I~-k*
sff"et-Ievel walls faciog primilfystreets-. {I-or e~amp!e' each stF;eel-Ievel-wall of a retail
huililiHg"-lhal-li100S ..a... t'FHlntF]--CitFe-eI" 'lHlCir. .he -",{"ltpl-P,€d-- (4- af -lea~)Q4.'.feII€,;tl'aliHn
pt;}fK'4:fiH-inft-S--dnd-no Il-H-H'l'--t-h-H 11 AO<),.'tt--snlid Hl.atcrials-;+-::rh.~s--pH' Vf ~ioft --H-taY-Oe--f€dHCe-d -Of
\\"H~V(;(\ --h';F .lodgtHgpF(1pert"ics-'vvilll! h \ ~'orli-lnilcd~stfl'('+-tcvelr(,l:iliLfl,rffcctruil d iHg~--wilh .
Ho-rt'lailc(HHi)(lHBJll;HH{!-""fi.,:,rSCfVi{>i;\.j' (fHHHK'I'C ial/1HdHSlt~ia,I--I)Hih:ltHg-s;
OJ,uikliH!,O'Hrano", ,;hai~hc wdl-tktifwd
(+Jwtltlffig--0+HmfK:i25-.-5haJ+.-l-l€--"le-sigH,,'f!--'H\' '*",)tHmt>6aw--TtH---it1kHHt!--a-if-lffi.4r~t---l!ta!
or t-h{"hU1 hff-ttgar-eHnne0t3~;Saf:Y;
O;N-\*iHR.HJi--t'i-t.,-Hal--,"s-tB-ff-tf-t+tH--S-;---5-\.R-'..h-as-a,k-Hlg"a-tr-"at4ey\.IdiY--;'""13f-e-eFll',H-t-lf--H-gl.:'-I.+:
I). PUfking.
}1-f1.f'k:-in-gisancccssarY-i..-o-fHH pnn-L'-H-I n! '-a---st!cc,cssf\Jic{HHHlerCtal{}.istri-l,t, rhetnalH10f-in\.\.hich
pitFk-ing","i0r"t*Y-S-ft.'-R,HY--iK-I.:OH1HH)(ial~d,,,,hasH--larger-fHlpa~tllpi..~}H-lh-e--tt*Ht-l-~lJ' --I.+f-lh{'dtstr10+1,hat-+he
_lIun! of purkittg-,-.....,I;.tH'face purldt1~~l'f"ing.,;tBfe1fHfib--1+<'Fl'l--1fl€--;tT0et crcme:. " 8u1lef€th
inhu..:pilabk pede:;tffi+1t- crJ\irun+Flt'lll. .\-dov,nloVV!t--ft'tail dUriel 'haped b) ~*ikli+tg:;. '''ell
~d-'slflrefront", and a e(\fllffiTlflH"'-slr't't'-l--Witll--b-highly-tJf€-krred ""'CJ' a di:;trlcl-shar.;d..17y
park"ing-lf*,,; \-Vell--plac-edand""""\J.;,t'll-deo:,igHed ''',k'-t'{'SSmm pO-fnh--.lo,parking.garagL"-S-- --t2an,-alh)w
81nvt'ni€ntpal'klng WilhoHldisl'uplil1g themtail dislfiel.,lheit;llowing standfH'ds shallat'ply'
(};-P-aFktH15"-shatl-'-{)n~y-' he--iK~(;s-~d----tfeH1-LtHB::;-\--rnYS--;'---Ht14~S----sH€.h--.,{~~-ts--HHavH+laht€-+"f---itH
UtH'eitSf+ttttl7!€-tk,i;. n . I.' III t I (1n-hr-wltid10&,;.eitff6'S--ff\1!l\a-pRtHHfy.,;tf€el-~laH~i c'; i ",II cd
i-n.. d - tl) aHH(;'rlhat""!11in!miz{;"s{nsn!r~t-i.'+not' t 11...'flt:.'(lcst r-ia+l-cFl v"irOH1H€Hl;
H."lur+aw'lnTrklng ,hall IlI>l ht'- loc,jlod
nl~ad{\"
0-;Abt:lvt.'--g-rat.4-e --------park iil~'.-^b"'itf-a-geS--ffl -t'+Htttlle-f-t.~itl--distftrts m -sf-lit-H- - tnc~ lfJ1* trait:) -gffH:iHd-l1-fK--tf
G{}Fl1Hl{'rc,i"ai'Hses-und-1K'(I-CStg fH,,-'-d in,a:",rnann0F"C,(tlHI)i1li,hIL" \Vtlh 'SHff(+uH(I:i,ngt)!! j hJtH-gs-and
uses;
"'lTh'0! r-ighl-\tl --Wit\ and-lik' -hui!{ting
n;,A-hov{'-~{CpaFking'gEl.fagc:ssh a,llH('!l' reVt'-a-t--t-H1Cl'nalFarnping(.Hm1h L t''''' l~F if) r ~;-ad CiClj:lhB
huiiding
Utility, Delivery, and Trash Service Provision.
When the necessary logistical elements of a commercial building are well designed, the building
can better contribute to the overall success of the district. Poor logistics of one building can
detract from the quality of surrounding properties. Efficient delivery and trash areas are
important to the function of alleyways. The following standards shall apply:
Page 12 of21
1. A utility, trash, and recycle service area shall be accommodated along the alley meeting
the minimum standards established by Section 26.575.060 Utilityffrash/Recycle Service
Areas, unless otherwise established according to said section.
2. All utility service pedestals shall be located on private property and along the alley.
Easements shall allow for service provider access. Encroachments into the alleyway
shall be minimized to the extent practical and should only be necessary when existing site
conditions, such as a historic resource, dictate such encroachment. All encroachments
shall be properly licensed.
3. Delivery service areas shall be incorporated along the alley. Any truck loading facility
shall be an integral component of the building. Shared facilities are highly encouraged.
4. Mechanical exhaust, including parking garage ventilation, shall be vented through the
roof. The exhaust equipment shall be located as far away from the Street as practical.
5. Mechanical ventilation equipment and ducting shall be accommodated internally within
the building and/or located on the roof, minimized to the extent practical and recessed
behind a parapet wall or other screening device such that it shall not be visible from a
public right-of-way at a pedestrian level. New buildings shall reserve adequate space for
future ventilation and ducting needs.
26.412.070 Suggested Design Elements. The following guidelines are building practices
suggested by the City, but are not mandatory. In many circumstances, compliance with these
practices may not produce the most-desired development and project designers should use their
best judgment.
A. Siflnafle:
Signage should be integrated with the building to the extent possible. Integrated signage
areas already meeting the City's requirements for size, etc. may minimize new tenant signage
compliance issues. Common tenant listing areas also serves a public wayfinding function,
especially for office uses. Signs should not block design details of the building on which
they are placed. Compliance with the City's sign code is mandatory.
B. Display windows:
Display windows provide pedestrian interest and can contribute to the success of the retail
space. Providing windows that reveal inside activity of the store can provide this pedestrian
interest.
C. Li..htinfl:
Well-lit (meaning quality, not quantity) display windows along the first floor create
pedestrian interest after business hours. Dynamic lighting methods designed to catch
attention can cheapen the quality of the downtown retail environment. Illuminating certain
important building elements can provide an interesting effect. Significant light trespass
should be avoided. Illuminating the entire building should be avoided. Compliance with the
City's Outdoor Lighting code, Section 26.575.050, is mandatory.
Page 13 of21
RH-i-ldin-gs-- spanni Fig, iHiJ-re----than-. -tttKl.---Origiuill:r()-\v,ns-ilt;'--"'"lAJt-----soo-H-l-fi-----inc{)rpOralc-,-tft~>ad0
""f'l'€S5ffift'i-€-nifu5i<.k"fllitl-.-wll*- t he:;e 0 ri t; i Hac.t"'f"'.,]. oo.;H<litfiB".-1+l'-T€inM"'e--,1w.tori c ,;c a I".
+:l1-i-s---fH&)' (1(' i IlaY+r-rB-pr .;.a-tt"-ffi--';-{4-t-l1--e--€--i-ff+ffilsh:tnCt~S-~-StH2h-a,'i,{),n",t,HFge-t'tlt'tlt.-F--It-ft~;
t~_-,Jri:_bIL'--'--ct:,n{C/:'~:,~;:':! r~ --,'.-
l~wa,lb- slwuW--ke- ""cd 1(\ .shie-kl--tllt'l: l+an i€ai -c'ttHi-pme-HI-Il',m'l---j>t.'flt"-lffim--v-ie+l",-.
~n;; cornice,; and ()lher-af€itit""Hlffi,l..k-'itlHI'€S-with~'Hl--h;t;klin;;'. can relate new
buildin;; to Ihc;r hi.;lclri8tt"Sl_I~,"-c'\.wnin~iHl~+-€itoople; can be ",;e(itH'ilfHvi4e
aft:h itl't' turalinfcH.:'slm<1ndshic!{!-\vindo\-'v'sdnd€-11 tFy\.vays-ti'-H-ITllh-c "elements;
26.412.080
Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
1:
,,',,1
!:
An insubstantial amendment
to a
. may
Commercial Design Review approval
be authorized by the Community Development Director if:
+",L The change is in conformance with the Design Standards, Section 26.412.060, the change
represents a minimal affect on the aesthetics of the proposed development, or the change is
consistent with representations made during the original review concerning potential changes of
the development proposal considered appropriate by the decision-making body; and,
;"b. The change requires no other land use action requiring review by the Planning and Zoning
Commission.
.., !ti:..;lliriL' Pi^;;: ,,:1'\"::11:,)\: n:'l~r:
'i; Pl'~;
,tn ];1~:d,;:,:it'l; 1
)il '1 C
j"
'Jf','
"I
1\
'i1
B. 2"h\ftinlilfl_OtlU'Y Amendments.
ameH(fmenls---tH.!t('''lHl1h)fe,allle,;gl1' .Review appH1val..shall be reviewed pursuant to the
standards and procedures of this Section.
U,.4lldwn -----Atlf*"l'l",
A'll-appttc-un-t-aggrie-ved,,,b,y a."de+BFnltHali{H~-fnHtk>.-hy--t-fl(: I) I ~l n n i fl g"and",,/t:,.ningf'{)HHH-t'SS-f{l!-l;--f)f-f,-k-e
Iliqnr;c Preser\'ati,lj1 C0I111111,,;ol1 a, applicahl0_ plH'SHafll -In thi., ('hap!;?... ma) "Plx:al the
,leei,Inn I{\ lite (,ii' CnHnclL Pllf,uant hI the .procedure' -w",j "HlHdafd'-BjC~"'e<'I;HI1' 2&..\16.
Al7l"'rrH'
(( )HI, ",l. 5. 21105 ~ I)
Page 14 of21
Section 2:
Section 26.575.030, Pedestrian Amenity, of the Municipal Code, which section sets forth the
standards, criteria, and procedure for providing pedestrian amenity, is hereby repealed in full and
re-enacted to read as follows:
26.575.030 l'edetrinnl'i!.!!.!.!S Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown rede'lriani"
environment. Amenity contributes to an attractive
tlowllfe,,*,relail.district by creating public places and settings conducive to an exciting
pedestrian shopping and entertainment atmosphere. Pe,k,l,Iall""l-i amenity can take the form
of physical or operational improvements to public rights-of-way or private property within
di;\i iCLicommcrc,al-ttfem. P-ez~riil!tl'''l,i Amenity provided on the subject development site is
referred to as On-Site PcrJ"'ill'iilll" i': Amenity in this section.
.
The requirements of this Section shall apply to the
, (II.'> ,'''i'C];,,, land within the area
'fH'H1fkd..h:o- .-i\.litifl.-Slr"t't4-lri-giHitt-'itf<'<,!.A)l'n"-.s.;lfe.,,.h-itHfl..A"'fl"H
represents Aspen's primary pedestrian-oriented commercial district
B. Applicability and Requirement.
development of all , ,
Slf~",
This area
d'
';:,'i
','1':'
~r-h--e--HHear e-;\,len"'t{)Hol:tl"t€----t'-t'Hl-erlf-fH!- --t~f-. tht;~- ~lf~b--sh-all -he''''llst:'i:l to
det-eft1tttKa-,tRe-l:){;H:tfl\.tltfY-'~H-.;nsta-neDS-\:vht'-fl'mtlli;;' '-iC" '-it ret.'t s -ar-e-.nol-- de-v-elope-d 'i...:tF-fh+~ HHt--('{HliK''\:l:
\A!.hene"v-e'r"a-"parBB1~lr(1-(:ldlcs-thi:+,,,t)O++I"H!afY~tl'tB-f('illl.rcfHcnt-sha II,bclL'ss('tK'.dpH,prH'lil)Ha+cly
(ba ,cd on-laHB-afC-il.HI+t lhat l)itfH~,
VlAM(t(IlAfIV,'lO"llt>SfR(L
AAlo\l l~"i>I~~ '('(LLM\; rn)
MV.J (e-fltJ';1l"")'~U#.MU
NliAJ ~~fW';hlX;,"'j
AREA-l M,,:'.1I'u"'~J,tP;^
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.
Twenty-five (25) percent of each parcel within the applicable area shall be provided as
Pede.;:rianl'uiH', Amenity. For redevelopment of parcels on which less than this twenty-five
(25) percent currently exists, the existing (prior to redevelopment) percentage shall be the
effective requirement provided no less than ten (10) percent is required.
P"(l"it'emHilLhtr--;'"de,ell't>fTl"nI or.1*"""j, in "tti€!r--l€n (10) percerH Ill' Ihe parcel iH the
rcquiremenJ,f)ff>vIsl<lfH,f a l'a.Jl in lie\+pavHtt'nt '"Jail Ilt'HHlflIlHJti€itltyt",nnltlOO-wilh no (,wIller
f~W-;
Exempt from these provisions shall be development consisting entirely ofresidential uses. Also
exempt from these provisions shall be the redevelopment of parcels where no on-site
pede:;lriani'"l.ih amenity currently exists, provided the redevelopment is limited to replacing the
building in its same dimensions as measured by footprint, height, and floor area.
C. Provision Amenity.
The Planning and Zoning Commission pursuant to the
review procedures and criteria of Section 26.412 - Commercial Design Review, shall determine
the appropriate method or combination of methods for providing this required amenity.
n",rc,\nj combinali,'H of the following methods may be used such that the standard is reached.
L On-Site Provision of l'oil",sl.rjani';:," Amenity. A portion of the parcel designed in a
manner meeting 'lhcl}csign and. ()pcralional Standards. .j.(+r. ()n-Sile.. l'edcslfiiHl Amcfllty,
Section 26.575.030((,:' ) 'i " '.",,'ill,',.
r~--pJ.n Hnift~--atH-J--/( ~Il~ 11~--~,--*H}1-nl i SSiiHlShi:lll ,Fev-i€\....+hc---'-i-il-t'-.--trhtiT.---l~HFsHal-'t-l-h+,.S€t.4-i-t-Hl
~r.+l-t-.+.HHt'K'H'-ia+l-k,;.igrr-Rcv-!"\,,.,
2. Off-Site Provision of P",j",tfianF:ill"" Amenitv. Proposed ped€Slriaf\I'l,')L. amenities
and improvements to the pedestrian environment within proximity of the development
site may be approved by the Planning and Zoning Commission, pursuant to
Seelion' ':cr 26.412 - Commercial Design Review. These may be improvements to
private property, public property, or public rights-of-way. An easement providing publie
access over an existing public amenity space for which no easement exists may be
accepted if such easement provides permanent public access and is acceptable to the City
Attorney. Off-Site improvements shall equal or exceed the value of an otherwise
required cash-in-lieu payment and be consistent with any public infrastructure or capital
improvement plan for that area.
3. Cash-in-, lieu Provision. The Planning and LOlling Commission, pursuant to Section
26.412 - Commercial Design Review, may accept a cash-in-lieu payment for any portion
of required amenity not otherwise physically provided, according to the
procedures and limitations of Section 26.575.030.E, Cash-in-Lieu Payment.
Page 16 of21
4. Alternative Method. The J'.laflniHg ,mdloHing Commission, pursuant to
26.412 - Commercial Design Review, may accept any method of providing
Pe*',tfian,'" Amenity not otherwise described herein if the Commission finds that
such method equals or exceeds the value, which may be non-monetary community value,
of an otherwise required cash-in-lieu payment.
D. Reduction of Requirement.
I... The Planning and Zoning Commission, or-Ilblo,;,> I'l'tlSel'valiiiHC,HHHHssinH-H-:-Hf!'l'lkaltle;
pursuant to the procedures and criteria oft 26.412 - Commercial Design Review-
may reduce the ~Hitft)" ! amenity requirement by any amount, such that no more than
half the requirement is waived, as an incentive for well-designed projects having a positive
contribution to the pedestrian environment. The resulting requirement may not be less than 10%.
The Historic Preservation Commission, ,....
1 , may reduce by any amount the requirements of this section
for Historic Landmark properties upon one of the following circumstances:
1. When the Historic Preservation Commission approves the on"site relocation of a Historic
Landmark such that the amount of on-site f'~,,1"51I'iaH;'.h:i, space is reduced below that
required by this Chapter.
2. When the manner in which a Historic Landmark building was originally developed
reduces the amount of on-site f~5tfiaH:' amenity required by this Chapter.
3. When the redevelopment or expansion of a Historic Landmark constitutes an exemplary
preservation effort deserving of an incentive or reward.
E. Q.'II-il!.fJ!J-,-Payment in/il'u. When the method of providing pedestrian' i' amenity
includes a cash-in-lieu payment, the following provisions and limitations shall apply:
Formula for determining cash-in-lieu payment:
Payment = [Land Value] x [Pedes,!'iaH" Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Amenity Percentage = Percent of the parcel required to be
provided as a peA,,;Jr;alli'd. amenity, pursuant to Section 26.575.030(B)
lessened by other methods of providing the amenity.
Land Value shall be the lesser :,: cfi.J.ly (!:'oW) dollars per square foot
multiplied by the number of square feet constituting the parcel or the appraised value of
the unimproved property, determined by the submission of a current appraisal performed
by a qualified professional real estate appraiser and verified by the Community
Development Director. An applicant may only waive the current appraisal requirement
by accepting the ,'. . t;4fy (' 'S{l) dollar per square foot standard.
Page 17 of21
Acceptance of a cash-in-Iieu" '1".-::' of fuj'C"ilfiaHi' Amenity shall be at the option
of the Planning and Zoning Commission, or the Historic Preservation Commission as
applicable, pursuant to Ul:'i't.:'-'eNiHH 26.412 - Commercial Design Review. The
payment-in-Iieu of rede ;trlan' 'Ubi iC amenity shall be due and payable at the time of
issuance of a building permit. The City Manager, upon request, may allow the required
payment-in-lieu to be amortized in equal payments over a period of up to five years, with
or without interest.
All funds shall be collected by the Community Development Director and transferred to
the Finance Director for deposit in a separate interest bearing account. Monies in the
account shall be used solely for the purchase, development, or capital improvement of
land or public rights-of-way for open space, ". amenity, or recreational
purposes within or adjacent to the applicable area in which this requirement applies.
Funds may be used to acquire public use easements.
Fees collected pursuant to this section may be returned to the then present owner of
property for which a fee was paid, including any interest earned, if the fees have not been
spent within seven (7) years from the date fees were paid, unless the City Council shall
have earmarked the funds for expenditure on a specific project, in which case the City
Council may extend the time period by up to three (3) more years. To obtain a refund, the
present owner must submit a petition to the Finance Director within one (1) year
following the end ofthe seventh (7th) year from the date payment was received.
For the purpose ofthis section, payments shall be spent in the order in which they are
received. Any payment made for a project for which a building permit is canceled, due to
non-commencement of construction, may be refunded if a petition for refund is submitted
to the finance director within three (3) months of the date of the cancellation of the
building permit. All petitions shall be accompanied by a notarized, sworn statement that
the petitioner is the current owner of the property and by a copy of the dated receipt
issued for payment of the fee.
F. Design and Operational Standards for Amenity.
amenity, on all privately-owned land in which amenity is required, shall
comply with the following provisions and limitations:
1. Oven to View. PedeS!I.-ittHI amenity areas shall be open to view from the street at
pedestrian level, which view need not be measured at right angles.
2. Oven to Skv. amenity areas shall be open to the sky. Temporary and
seasonal coverings, such as umbrellas and retractable canopies are permitted. Such non-
permanent structures shall not be considered as floor area or a reduction in
amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial restaurant
uses on a designated Historic Landmark or within (H) Historic overlay zones and must
be approved pursuant to review requirements contained in Chapter 26.4i5 -
Development involving the Aspen inventory of Historic Landmark Sites and Structures
Page 18 of21
or Development within a Historic District. Such approved structures shall not be
considered as floor area or a reduction in fH'llt"ilf'iiHtl'uh!i; space on the parcel.
3. No Walls/Enclosures. JledeslfiflH"ui,ij,. amenity areas shall not be enclosed. Temporary
structures, tents, air exchange entries, plastic canopy walls, and similar devices designed
to enclose the space are prohibited, unless approved as a temporary use, pursuant to
Section 26.450. Low fences or walls shall only be permitted within or around the
perimeter of pedbll'ian: space if such structures shall permit views from the street
into and throughout the f'ede'ilriani ", space.
4. Prohibited Uses. PaleSlFian!\i!2!i( amenity areas shall not be used as storage areas,
utility/trash service areas, delivery area, parking areas or contain structures of any type,
except as specifically provided for herein. Vacated rights-of-way shall be excluded from
!)('desl1'iaHP Ii" amenity calculations.
5. Grade Limitations. Required rcO(k'ilrian amenity shall not be more than four (4)
feet above or two (2) feet below the existing grade of the street or sidewalk which abuts
the pedeslfl.a-n,'u,,' space, unless the pdc,;lr-iaH!" ,"il_ amenity space shall follow
undisturbed natural grade, in which case there shall be no limit on the extent to which it is
above or below the existing grade ofthe.i,
6. Pedestrian Links. In the event that the City of Aspen shall have adopted a trail plan
incorporating mid-block pedestrian links, any required space must, if the
city shall so elect, be applied and dedicated for such use.
7. Landscaoinl! Plan. Prior to issuance of a building permit, the Community Development
Director shall require site plans and drawings of any required t)('de,;.lFianl\:hlL amenity
area, including a landscaping plan, and a bond in a satisfactory form and amount to insure
compliance with any amenity requirements under this title.
8. Mainlenance of Landscaoing. Whenever the landscaping required herein is not
maintained, the Chief Building Official, after thirty (30) days written notice to the owner
or occupant of the property, may revoke the certificate of occupancy until said party
complies with the landscaping requirements of this section.
9. Commercial AClivity. No area of a building site designated as required I~H!'uhl"
amenity space under this section shall be used for any commercial activity, including, but
not limited to, the storage, display, and merchandising of goods and services; provided,
however, that the prohibition of this subsection shall not apply when such use is in
conjunction with permitted commercial activity on an abutting right-of-way or is
otherwise permitted by the City. For outdoor food vending in the Commercial Core
District, also see Section 26.470.040(B)(3), Administrative Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required
pedestriani amenity space may be used for commercial restaurant use if adequate
pedestrian and emergency vehicle access is maintained.
II
.
,
H':"
;"
lY
Page 190f21
Section 3:
This ordinance adopts the "Commercial, Lodging and Historic District Design Objectives and
Guidelines" which shall be used in a regulatory capacity. The document provides specific design
review criteria and standards for commercial, lodging and mixed-use development within the
City's commercial and lodging zone districts and overlays. The document will be used when the
City receives a land use application for Commercial Design Review.
Section 4:
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 ofthe ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
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 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office ofthe Pitkin County Clerk and Recorder.
Section 7:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00 p.m. in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City of
Aspen.
Section 8:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of --,2007.
Attest:
Page 20 of21
Kathryn S. Koch, City Clerk
Approved as to form:
I City Attorney
Helen K. K1anderud, Mayor
Page 21 of21
"", "
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
FROM:
Chris Bendon, Community Development Director
Jennifer Phelan, Senior Long Range Planner
RE: .
Land Use Code Amendments - Public Hearing
Growth Management - Ordinance No. 14, Series 2007
MEETING
DATE:
April 23, 2007.
SUMMARY:
Aspen has been managing growth since the 1970s. First, residential development was
limited, later commercial was added. Now, every form of development in the City is
, affected by growth management.
GMQS has three purposes - it limits the rate of new growth; it prioritizes which projects
may proceed first, second, third, etc.; and, it establishes the amount of affordable housing
a project must supply.
One of the major changes implements through the code changes in 2005 was to abandon
the GMQS scoring system that was in place for many years. Staff found that the former
"beauty contest" approach was so discretionary as to be highly unpredictable and lacking
in fairness. As Council is aware, the City went to a first-come, first-served approach,
which is the opposite end of the spectrum from the fonner system. Now that we've had
some time to see how the first-come first-served approach works, staff is excited about
the opportunity to institute a new system that blends competition with predictability - a
scoring system based on objective standards.
The opportunity provided by an objective scoring system is one that essentially creates a
competition among applicants for development - the private sector competing against
itself. Applicants are highly motivated to obtain GMQS allotments: The longer they have
to wait for the allotments they need, the more damage to their bottom line. This
motivation, which is greatly enhanced by a competitive pool of other applicants, will
compel them to include as many community benefits in their application up-front as they
believe will fit in their pro forma. By establishing this competitive "marketplace" for
GMQS allotments, staff fully expects to see applications that routinely exceed the
threshold mitigation levels that are in place today.
This approach will help the land use review process, and the real world outcome in a
number of ways. It will tend to move applicants toward the highest levels of community
benefits they believe they can offer up-front, and may tend to reduce the back-and-forth
negotiations we sometimes see - often resulting in a very lengthy review process.
Growth Management - Ordinance No. 14,2007 - April 23'd
Page 1
The proposal uses two important Community Objectives - workforce housing and energy
efficiency. These two objectives are measurable, have broad community support, and are
understood within the development industry. These objectives will be used to "score"
projects, with only the highest-scoring projects proceeding.
This proposal does not implement a pacing system for "scrape and replace" - single-
family and duplex redevelopment. This was explored as part of the moratorium and at
one time a lottery system was proposed. City Council opted not to proceed with such a
system.
With' adoption of this ordinance, all projects will first need to gain Conceptual
Commercial Design Review. Having successfully gone through design review first will
ensure that the only projects applying for the limited amount of growth for the year have
passed the most important step of a project's review - the design. This will prevent
growth allotments from being granted to projects that have no real expectation of
approval.
Staff recommends City Council consider the proposed Ordinance in relation to the other
proposed amendments, conduct the public hearing, gain clarity on the proposal, and
direct staff accordingly. Absent desired changes, staff believes the ordinance is ready for
adoption but does have continued public hearing dates reserved for continued discussion
on the matter.
DETAIL OF AMENDMENTS:
Following is a description of the significant policy changes that are proposed in this
Ordinance. The Ordinance contains a series of "numbered flags" that relate to the notes
below:
This section addresses the process for "carry-forward" allotments. City Council, in
previous sessions, desired a process whereby Council (not P&Z) would decide if
unused allotments in a given year should be added to the next year's total.
This new section called General Requirements has the standards that are applicable to
all types of development. This eliminates the need to repeat basic standards for every
type of review.
Administrative applications are not significantly changed. These applications will not
be subject to scoring and can be submitted at any time during the year.
Minor P&Z applications is a new section. Staff is suggesting that there are types of
reviews that are not appropriate for administrative review but that do not rise to the
level of scoring and competition. These Minor applications could be submitted at any
time during the year.
Growth Management - Ordinance No. 14, 2007 - April 23cd
Page 2
Staff is suggesting two processes for Lodging development - depending upon
whether free-market residential is part of the project. For lodging projects without
free-market residential development, staff is recommending that scoring is not
necessary. Projects with a free-market residential component would not be eligible
for this review.
Affordable housing is suggested as a "non-scoring" type of development application.
This section allows for a fraction of a mitigation unit to be through cash-in-Iieu, but
anything over one unit is sent along to City Council.
This section addresses the redevelopment of multi-family housing. This provides two
options - 1) replace all the former units as RO units and expand the remainder of the
project with no mitigation; or, 2) replace half of the former units with Category units
and mitigate for any expansion. No net loss of density is permitted under either
scenario.
Major P&Z applications are those that require scoring and may only be submitted on
specific dates. These are the applications that must be scored against the Community
Objectives, with the best-scoring projects allowed to proceed.
This section addresses lodge development that includes free-market residential
development. The presence of the free-market units will require scoring. This
section also has the sliding scales for mitigation based on average unit size.
The "exceptional" project criteria have not been altered.
This section provides a new review for projects that are prosing cash-in-lieu for
mitigation of affordable housing. Staffis suggesting this be a City Council review for
anything that exceeds one full residential unit.
This concurrent mitigation incentive was raised at a previous Council meetings. The
provision rewards on-site affordable housing by allowing the housing to serve
multiple mitigation purposes. Staff does believe this to be an important incentive for
integrated projects and a way to achieve some upper floor commercial space. It is
recognized as a potential decrease in overall affordable housing requirements, but at
the benefit ofthe use mix within a building.
This section states that Conceptual Commercial Design approval will be required
prior to application for GMQS. This makes sure the project has its basic massing and
scale decided prior to discussions on use mix, mitigation, etc.
Growth Management - Ordinance No. 14, 2007 - April 23rd
Page 3
This section states that Administrative, Minor P&Z, and City Council applications
may be submitted at any time during the year.
This section limits Major P&Z applications to two dates each year. This enables
projects that require scoring to be judged against each other, with the highest-scoring
project then proceeding first
This section describes the criteria upon which projects will be ranked. Staff has
significantly revised the Community Objective Scoring Criteria - vastly simplifYing
the criteria. The idea of Community Objectives is to reward projects for excelling in
one, or a few, defined community priorities. Another way to view this idea is to
imagine completing the following sentence: "This project is first in line for this
year's growth allotments because it really excels with respect to "
In addition to being important to the community, the objectives must be measurable,
easy to describe, and lend themselves to predictability. Staff has steered away from
design, for example, not because it is unimportant but because design is not easily
measured and does lend itself to predictability.
Staff is recommending the first objective be affordable housing. This is a long-
standing development policy and one in which the community is very familiar. A
project's performance in affordable housing is quantifiable and measurable. The
development community also easily understands it.
Staff is recommending the second objective be Efficient Building. The LEED
system for analyzing buildings is a recognized system and provides the development
community with clear standards. LEED is updated with emerging technology.
Lastly, LEED certification requires designers start contemplating energy efficiency
from the initiation of a project. This is well-suited as a planning standard, as opposed
to a building standard, when projects are merely ideas on paper.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to continue Ordinance No. 14, Series of 2007, to April 24, 2007."
ALTERNATE MOTION:
"I move to approve Ordinance No. 14, Series of2007."
Growth Management - Ordinance No. 14,2007 - April 23'd
Page 4
ORDINANCE No. 14
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AMENDMENTS TO THE FOLLOWING CHAPTERS AND
SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN
MUNICIPAL CODE: CHAPTER 26.470 - GROWTH MANAGEMENT QUOTA
SYSTEM.
WHEREAS, the City Council of the City of Aspen directed the Planning Director of
the Community Development Department to propose amendments to the Land Use Code
related to multi-family development, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the amendments requested relate to the following Chapters and
Sections ofthe Land Use Code, Title 26 ofthe Aspen Municipal Code:
Chapter 26.470 - Growth Management Quota System.
WHEREAS, pursuant to Section 26.310, applications to amend the text of Tille 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with
conditions, or denial by the Community Development Director and then by the Planning and
Zoning Commission at a public hearing. Final action shall be by City Council after reviewing
and considering these recommendations; and,
WHEREAS, the long-term economic sustainability of Aspen depends upon the
continued economic success and aesthetic attractiveness of commercial, lodging, and
residential buildings and districts; and,
WHEREAS, in order to encourage a continued social vitality of commercial,
lodging, and residential areas and a long-term sustainability ofthe local economy certain
development incentives are available for free-market residential development upon provision
of additional affordable housing development; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the amendments proposed herein are consistent with the Aspen Area
Community Plan, which in part calls for:
. The focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city by intensification of land uses within the downtown.
. The retention of existing residential occupied residential units.
. The rejuvenation of aging commercial, lodging, and residential properties.
. The preservation of historic resources through the transfer of development rights.
. The development of commercial, lodging, and residential projects with housing
opportunities for locals.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 1
. The development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
. An emphasis on the quality of development as opposed to just the quantity of
development.
. A balance between the community and the resort aspects of Aspen.
. The long-term sustainability of the local social and economic conditions of Aspen.
; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on March 27,
2007, April 2, 2007, April 9, 2007, April 10, 2007, and April II, 2007, took and considered
public testimony and the recommendation of the Community Development Director and
recommended, by a three to zero (3-0) vote, City Council adopt the proposed amendments to
the land use code by amending the text of the above noted Chapters and Sections of the Land
Use Code, as described herein.
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation ofthe Community Development
Director, the Planning and Zoning Commission, and has taken and considered public comment at
a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval ofthe proposal is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.470 of the City of Aspen Municipal Code, which Chapter regulates the quality,
quantity, rate, and impacts of all development within the City of Aspen, shall read as follows:
Chapter 26.470
GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)
Sections:
26.470.010
26.470.020
Purpose............................................................................................................... 3
Applicability....................................................................................................... 3
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 2
26.470.030
26.470.040
26.470.050
26.470.060
26.470.070
26.470.080
26.470.090
26.470.100
26.470.110
26.470.120
26.470.130
26.470.140
26.470.150
Aspen Metro Area Development Ceilings and Annual Allotments................. 4
Exempt Development. ....................................................................................... 9
General Requirements. ....................................................................................11
Administrative Applications ............................................................................12
Minor Planning and Zoning Commission Applications .................................16
Major Planning and Zoning Commission Applications
City Council Review.........................................................................................25
Calculations......................................................................................................28
Growth Management Review Application Procedures. .................................31
Community Objective Scoring Criteria ..........................................................36
Reconstruction Limitations .............................................................................38
Amendment of a Growth Management Development Order. ........................38
Appeals.............................................................................................................39
26.470.010 Purpose.
The purposes of this Chapter are as follows: (I) to implement the Aspen Area Community
Plan's goals and policies, in conjunction with the background research and studies conducted in
support of the Plan; (2) to ensure that new growth occurs in an orderly and efficient manner in
the City of Aspen; (3) to ensure sufficient public facilities to accommodate new growth and
development; (4) to ensure that new growth and development is designed and constructed to
maintain the character and ambiance of the City of Aspen; (5) to ensure an adequate supply of
affordable housing, businesses and events that serve the local, permanent community and the
area's tourist base; (6) to ensure that growth does not over-extend the community's ability to
provide support services, including employee housing, traffic control and parking; and, (7) to
ensure that the resulting employees generated and impacts created by development and
redevelopment are mitigated by said development and redevelopment.
26.470.020 Applicability.
A. General.
This Chapter shall apply to all development in the City of Aspen - Residential, Lodging,
Commercial, and Community Facilities. The "Growth Management Year," as the term is used in
this Chapter, shall be from January 1 st through December 31 st,
B. Development Categories.
Table I establishes the development categories and units of allocation for each category for
purposes of administering this Chapter.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 3
Table 1. Development Categories
Category Description Allocation Units
A. Residential Dwelling units intended exclusively for residential Dwelling units
- Free- purposes, not subject to any residency requirements
Market and not including hotels, lodging, or timeshare
units. Units may be in the form of single-family,
duplex, multi-family, or part of a mixed-use
structure. (See definitions of Residential Use and
Dwelling.)
B. Residential Dwelling units intended to house only local Dwelling units
- Affordable working residents and deed restricted according to
Housing the Aspen/Pitkin County Housing Authority
Guidelines. Units may be in the form of single-
family, duplex, multi-family, dormitory, or part of a
mixed-use structure. (See definition of Affordable
Housing. )
C. Commercial. Buildings, or portions thereof, supporting office, Net leasable square
retail, warehousing, manufacturing, commercial feet
recreation, restaurantlbar, or servIce oriented
businesses, including retail and office uses but not
including hotel, lodging, or timeshare uses. (See
definition of Commercial Use.)
D. Lodging. Buildings, or portions thereof, used to house a Lodging units. For
transient tourist population on a short-term basis, lodging projects with
including lodges, hotels, motels, bed and breakfasts, flexible unit
boarding houses, timeshare lodging, and exempt configurations
timesharing. (See definition of Hotel.) ("lock-off units "),
each separate "key",
or potential rentable
division, is
considered a "unit."
E. Essential Facilities serving essential public purposes used by Square feet.
Public or for the benefit of the general public and serving
Facilities. the needs of the community. (See definition of
Essential Public Facility.)
26.470.030 Aspen Metro Area Development Ceilings and Annual Allotments
A. General. As the primary implementation tool for the Aspen Area Community Plan
(AACP), the Growth Management Quota System (GMQS) is designed to promote many
objectives. Despite its complexity, two overriding goals form its core: (I) to prohibit
Ordinance No. 14, Series of 2007. Page 4
Growth Management - April 23'd
development in excess of the AACP objective of a thirty thousand (30,000) peak population
(permanent and visitor); and (2) to ensure that the rate at which growth occurs does not exceed
the community's ability to cope with associated public facility and service demands and
accompanying changes to community character.
Aspen area residents have determined that the maximum average growth rate that can be
accommodated without long-term negative consequences is two (2) percent per year, with the
exception of permanently affordable housing and lodging facilities. The AACP supports a
"critical mass" of permanent residents to be housed and a growth rate of more than two (2)
percent for affordable housing to ensure a balance of resort and community. The Economic
Sustainability Committee, a joint effort undertaken in 2002 between the City of Aspen, the
Aspen Institute Community Forum, and the Aspen Chamber Resort Association, supported, as
their number one recommendation, the redevelopment of existing lodging facilities and the
development of new lodging facilities to counteract the deteriorating and greatly decreased
lodging base. Therefore, the GMQS does not lim it the annual growth rate of affordable housing
and lodging facilities, while all other types of development shall be limited to not exceed a two
(2) percent annual growth rate. In order to address continued community growth concerns, a
growth limit of .5% has been implemented for new free-market residential development.
For a variety of reasons, it is possible that the community's actual population growth might
exceed the designated growth rate percentages in some years. Previous GMQS approvals and
in/out-migration, for example, can result in periods of construction activity and population
growth that exceed the planned average annual growth rate.
B. Existing Development.
The following tables describe the existing (as of March, 2007) amount of development in each
sector used as a "baseline" in establishing annual allotments and development ceilings. 5
uare feet fQrclass
365,486
19,950
113,207
179,824
144 777
149,814
208 331
483,549
5 Source: Pitkin County Assessor, March 7, 2005.
6 Lodge unit square footage removed from total. Commercial space within lodge developments estimated through
City records.
Ordinance No. 14, Series of2007. Page 5
Growth Management - April 23 ,d
1 664,938
Residences in class
1,268
79
45
142
2978
366
29
1
4,909
1,132
3777
28.3 units
C. Development Ceiling Levels.
Based on the 2000 Aspen Area Community Plan goal of limiting the ultimate population in order
to preserve a quality of life for both residents and visitors, growth ceilings are hereby established
for each type ofland use.
As part of the 2000 AACP, average monthly population was estimated based on daily influent
flows of the Aspen Consolidated Sanitation District. This data was used to estimate the actual
number of people in town including residents, tourists, and the workforce. A total population of
23,050 was estimated for the busiest month in 1998 - July. Based on this month as the peak
monthly population baseline, a total development ceiling to accommodate a total population of
30,000 represents a thirty (30) percent increase in development. Applied to each development
sector, development ceilings are established as follows:
7 Single ownership duplex and triplex units. 2 units per property ownership estimated.
4 Single ownership apartment buildings. Residence count reflects actual number of units recorded with Assessor.
S A total of 1,815 residences within the City of Aspen are deed restricted affordable housing. Of these units, several
are considered tax-exempt and are not included in the Assessor's counts. These units are rental affordable housing
owned by the City, APCHA, or tax-exempt non-profit organizations. Therefore, only the non-exempt units have
been subtracted from the Assessor's total residences to determine the number of free-market residences.
Ordinance No. 14, Series of 2007.
Growth Management - April 23 ,d
Page 6
Current Development
3,777
1,608
1,664,938
8,583 illows
The Community Development Director shall calculate the number of allotments remaining under
established development ceilings as part of the year-end growth summary. Under no
circumstances shall development be allowed in excess of the development ceilings unless City
Council, pursuant to Section 26.470.090 Appeals, permits development in excess of the ceilings.
D. Annual Development Allotments.
The growth management quota system establishes annual development allotments available for
use by projects during each growth management year - January I st to December 31 st. The
number of development allotments available within a single growth management year varies
based on the following factors:
1. The type ofland use.
2. The annual allotment available for each land use.
3. The number of allotments granted the previous year and whether or not the City
Council permits an accumulation from year to year.
4. The number of multi-year allotments granted by City Council from future years.
5. The number of allotments already granted in the current growth management year.
The Community Development Director shall calculate the development allotments available for
each type ofland use as follows:
Where, the above terms are defined and established as follows:
6 The development ceiling for affordable housing is based on the 2000 AACP goal of providing an additional 800 to
1,300 affordable housing units. Five hundred and eighty-eight (588) affordable housing units have been compieted
and another ninety-nine (99) have been approved since adoption of the plan (as of January 2005). Although most of
these units were either approved, under construction, or occupied at the time of the plan adoption, they were
recognized in the plan as part of the overall housing need and represent progress towards the goaL Considering the
completed units, the affordable housing development ceiling has been established at 2,428 units, an increase of 613
units.
1 The development ceiling for lodging is based on the "pillow count" of Stay Aspen Snowmass. This number
peaked in 1995, with 9,959 pillows in the Aspen inventory. The 1998 pillow count of 8,583 was used to establish
the baseline. The pillow count, because it is more accurate than unit counts at the time of this ordinance, shall be
used to determine progress towards the development ceiling. Allocations, impact fees, mitigation requirements, etc.
shall be based on a per unit basis.
Ordinance No. 14, Series of2007. Page 7
Growth Management - April 23'd
Annual Allotment. The Annual Allotment reflects each year's potential growth within
the City of Aspen, applied to each type of land use. The Annual Allotment may be
reduced if multi-year allotments are granted by City CounciL The following annual
allotments are hereby established:
Development Type Annual Allotment
Residential - Free Market 28 Units
Commercial 33,300 net leasable square feet
Residential- Affordable Housing No annual limit
Lodging No annual limit
Essential Public Facility No annual limit
Carrv-Forward Allotment. At the conclusion of each growth management year, City
Council shall determine the amount of unused and unclaimed allotments, for each type of
development, and may assign the unused allotment to become part of the Available
Development Allotment for future projects. (See accounting procedure.) There is no
limit, other than that implemented by City Council, on the amount of potential growth
that may be carried forward to the next year.
Allotments awarded to a project which does not proceed and which are considered void
shall constitute unused allotments and shall be considered for allotment roll-over by City
CounciL Allotments shall be considered vacated by a property owner upon written
notification from the property owner or upon expiration of the development right
pursuant to section 26.470.060.B.4, Expiration of Growth Management Allotments.
E. Available Allotments in each of two Annual Application Sessions.
The growth management quota system permits the submission of growth management allotment
applications that require scoring twice per year. (Not all applications require scoring.) The
submission deadlines for the two sessions shall be as defined in Section 26.470.] 10. For the first
session of the year, the number of development allotments available shall be the entire Annual
Allotment established pursuant to Section 26.470.030.0.
Allotments that are not granted, granted but then vacated, or not requested in the first session of
the year shall be available in the second session of the year. Any allotments remaining after the
second session of the year shall only be available in the future as determined by City Council
(See Accounting Procedure). Allotments shall be considered not granted upon denial of the
project and completion of any appeals. Allotments shall be considered vacated by a property
owner upon written notification from the property owner.
F. Accounting Procedure
Ordinance No. ]4, Series of2007.
Growth Management - April 23rd
Page 8
The Community Development Director shall maintain an ongoing account of available,
requested, and approved growth management allocations and progress towards each
development ceiling. Allotments shall be considered allocated upon issuance of a Development
Order for the project. Unless specifically not deducted from the Annual Development Allotment
and Development Ceilings, all units of growth shall be included in the accounting. Affordable
Housing units shall be deducted regardless of the unit being provided as growth mitigation or
otherwise. After the conclusion of each growth management session and year, the Community
Development Director shall prepare a summary of growth allocations.
The City Council, at their first regular meeting of the growth management year, shall review,
during a public hearing, the prior year's growth summary, consider a recommendation from the
Community Development Director, consider comments from the general public, and shall, via
adoption of a resolution, establish the number of unused and unclaimed allotments to be carried
forward and added to the Annual Allotment. City Council may carry forward any portion of the
previous year's unused allotment, including all or none.
The City Council shall also consider the remaining development allotments within the
Development Ceilings, established pursuant to Section 26.4 70.030.C, and shall reduce the
Available Development Allotment by any amount that exceeds the Development CeIling. The
public hearing shall be noticed by publication, pursuant to Section 26.304.060.E.3.a. The City
Council shall consider the following criteria in determining the allotments to be carried forward:
1. The goals and objectives of the Aspen Area Community Plan.
2. The community's growth rate'over the preceding five-year period.
3. The ability of the community to absorb the growth that could result from a proposed
development utilizing accumulated allotments, including issues of scale, infrastructure
capacity, construction impacts, and community character.
4. The expected impact from approved developments that have obtained allotments, but that
have not yet been built.
26.470.040 Exempt Development.
The following types of development shall be exempt from the provISIons of this Chapter.
Development exempt from growth management shall not be considered exempt from other
chapters of the Land Use Code and property owners should consult with the Community
Development Department. Where applicable, exemptions are cumulative.
I. Remodeling or expansion of existing single-family and duplex residential development.
The remodeling or expansion of existing single-family and duplex residential dwellings
shall be exempt from growth management. When Demolition occurs, see Section
26.4 70.060.2. (Also see definition of Demolition, Section 26.1 04.1 00.)
2. Conversion of an existing single-family residence to a duplex residence or vise-versa.
The conversion of an existing single-family residence into multiple detached dwelling
Ordinance No. 14, Series of 2007.
Growth Management - April 23,d
Page 9
units or to a duplex residence or vise-versa, shall be exempt from growth management.
When Demolition occurs, see Section 26.470.060.2. Not all zone districts allow both
single-family and duplex development. (See definition of Demolition, Section
26.104.100, and Zone Districts, Chapter 26.710.)
Note: In zone districts permitting the development of a single-family, a duplex, or two
single-family residences, one development allotment may be expressed as a single-
family, a duplex, or two single-family residences. The parcel shall have only one
development right regardless of the way in which it has been or is proposed to be
developed. The parcel may be condominiumized to separate ownership. In order to
subdivide the parcel, additional development right(s) must be obtained.
3. Remodeling or Expansion of existing multi-family residential development. The
remodeling or expansion of existing multi-family residential dwellings shall be exempt
from growth management as long as no Demolition occurs. When Demolition occurs, see
Section 26.470.070.6 - Demolition or Redevelopment of Multi-Family Housing. (Also
see definition of Demolition, Section 26.104.100.)
4. Relocation of Historic Structures. The relocation of a structure listed on the Aspen
Inventory of Historic Landmark Sites and Structures, permanently or temporarily, shall
be exempt from growth management, provided all necessary approvals are obtained,
pursuant to Section 26.415, Development Involving the Inventory of Historic Sites and
Structures.
5. Transferable Development Rights. The establishment and extinguishment of
Transferable Development Right Certificates shall be exempt from growth management
provided such certificates comply with Section 26.535, Transferable Development
Rights.
6. Remodeling or replacement of existing commercial or lodge development. Remodeling
or replacement after demolition of existing commercial or hotel/lodge buildings and
portions thereof shall be exempt from the provisions of growth management, provided
that no additional net leasable square footage or lodge units are created and there is no
change-in-use. If redevelopment involves an expansion of net leasable square footage or
lodge units, only the replacement of existing development shall be exempt. Existing,
prior to demolition, net leasable square footage and lodge units shall be documented by
the City of Aspen Zoning Officer prior to demolition. Also see definition of Net
Leasable Commercial and Office Space, Section 26.104.100.
7. Temporary Uses and Structures. The development of a temporary use or structure shall
be exempt from growth management, subject to the provisions of Section 26.450,
Temporary Uses. Temporary external airlocks shall only be exempt from the provisions
of this Chapter if approved pursuant to Section 26.450.
8. Special Events. Special events permitted by the City of Aspen shall be exempt from this
Chapter.
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 10
9. Accessory Dwelling Units and Carriage Houses. The development of Accessory
Dwelling Units (ADUs) and Carriage Houses shall be exempt from the provisions of this
Chapter but subject to the provisions of Chapter 26.520, Accessory Dwelling Units and
Carriage Houses.
10. Retractable Canopies and Trellis Structures. Retractable Canopies and trellis structures
appended to a commercial or lodging structure shall be exempt from growth management
provided: a) there is no expansion of floor area; b) the Canopy or trellis structure is not
enclosed by walls, screens, windows or other enclosures; and c) for a trellis structure, at
least fifty (50) percent of the overhead structure is open to the sky. Awnings shall be
exempt from this Chapter.
11. Public Infrastructure. The development of public infrastructure such as roads, bridges,
waterways, utilities, and associated poles, wires, conduits, drains, hydrants, and similar
items considered Essential Services (see definition) shall be exempt from growth
management. Essential Public Facilities shall not be exempt and shall be reviewed
pursuant to Section 26.470.090.4 - Essential Public Facilities.
26.470.050 General Requirements.
A. Purpose:
The intent of growth management is to provide for orderly development and redevelopment of
the City while providing mitigation from the impacts said development and redevelopment
creates. Different types of development are categorized below as well as the necessary review
process and review standards for the proposed development. A proposal may fall into multiple
categories and therefore have multiple processes and standards to adhere to and meet.
B. General Requirements:
All development applications for growth management review shall comply with the following
standards. The reviewing body shall approve, approve with conditions, or deny an application
for growth management review based on the following generally applicable criteria and the
review criteria applicable to the specific type of development:
1. Sufficient growth management allotments are available to accommodate the proposed
development, pursuant to Section 26.470.030.0. Applications for Multi-Year
Development Allotment, pursuant to 26.470.090.1, shall not be required to meet this
standard.
2. The proposed development is consistent with the Aspen Area Community Plan.
3. The development conforms to the requirements and limitations of the zone district.
4. The proposed development is consistent with the Conceptual Historic Preservation
Commission approval, the Conceptual Commercial Design Review approval, and the
Conceptual Planed Unit Development approval, as applicable.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 11
5. Unless otherwise specified in this Chapter, sixty (60) percent of the employees generated
by the additional commercial or lodge development, according Section 26.470.100.A,
Employee Generation Rates, are mitigated through the provision of affordable housing.
The employee generation mitigation plan shall be approved pursuant to Section
26.470.070.5, Affordable Housing, at a Category 4 rate as defined in the Aspen Pitkin
County Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
6. Affordable housing Net Livable Area, for which the finished floor level is at or above
Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to
at least thirty (30) percent of the additional free-market residential Net Livable Area, for
which the finished floor level is at or above Natural or Finished Grade, whichever is
higher.
Affordable housing shall be approved pursuant to Section 26.470.070.5, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation. Affordable housing units that are being
provided absent a requirement ("voluntary units") may be deed restricted at any level of
affordability, including Residential Occupied.
7. The project represents minimal additional demand on public infrastructure or such
additional demand is mitigated through improvement proposed as part of the project.
Public infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection, solid
waste disposal, parking, and road and transit services.
26.470.060 Administrative Applications:
The following types of development shall be approved, approved with conditions, or denied by
the Community Development Director, pursuant to Section 26.470.110, Growth Management
Review Procedures, and the criteria for each type of development described below. Except as
noted, all growth management applications shall comply with the General Requirements of
Section 26.470.050. Except as noted, all administrative growth management approvals shall be
deducted from the respective Development Ceiling Levels but shall not be deducted from the
Annual Development Allotments. Administrative approvals apply cumulatively.
1. Single-Family and Duplex Development on Historic Landmark Properties. The
development of one or multiple single-family residences or a duplex on a parcel of land
designated as a Historic Landmark and which contains an historic resource shall be approved
by the Community Development Director. This review applies to the rehabilitation of
existing structures, reconstruction after demolition of existing structures, and the
development of new structures on Historic Landmark properties. No affordable housing
mitigation shall be required provided all necessary approvals are obtained, pursuant to
Section 26.415, Development Involving the Inventory of Historic Sites and Structures, and
provided the parcel contains a historic resource.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 12
Development of single-family or duplex structures on a Historic Landmark property that does
not contain an historic resource (for example, a new house on a vacant lot which was
subdivided from a historic landmark property) shall be subject to the provisions of Section
26.470.060.2 - Single-Family and Duplex Dwelling units.
2. Single-Family and Duplex Dwelling Units.
The following types of development of single-family or duplex structures shall require the
provision of affordable housing in one of the methods described in subparagraph c:
a. The development of a new single-family, multiple detached residential units when
permitted in the zone district, or a duplex dwelling, on a vacant lot in one of the
following conditions:
. A vacant lot created by a Lot Split, pursuant to Section 26.480.060(C).
. A vacant lot created by a Historic Lot Split, pursuant to Section 26.480.030.A.4,
when the subject lot does not itself contain a historic resource.
. A vacant lot that was subdivided or was a legally described parcel prior to November
14, 1977, that complies with the provisions of Section 26.480.020(E), Aspen
Townsite Lots.
These new residential units shall be deducted from the Development Ceiling Levels
established pursuant to Section 26.470.030, but shall not be deducted from the respective
Annual Development Allotments for residential development.
b. The replacement after demolition of an existing single-family, multiple detached
residential units when permitted in the zone district, or a duplex dwelling, regardless of
when the lot was subdivided or legally described.
These redeveloped units shall not require a growth management allocation and shall not
be deducted from the respective Annual Development Allotments or Development
Ceiling Levels established pursuant to Section 26.470.030.
c. Affordable housing requirements for the types of single-family and duplex development
described above shall be as follows:
Sin/de-familv. In order to qualifY for a single-family approval, the applicant shall have
five (5) options:
L Providing an above grade, detached Accessory Dwelling Unit (ADU) or a
Carriage House pursuant to Section 26.520, Accessory Dwelling Units and
Carriage Houses; or,
2. Providing an Accessory Dwelling Unit, or a Carriage House, authorized through
Special Review to be attached and/or partially or fully subgrade, pursuant to
Section 26.520; or,
3. Providing and off-site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 13
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
4. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended; or
5. Recording a resident-occupancy (RO) deed restriction on the single-family
dwelling unit being constructed.
Duolex. In order to qualify for a duplex approval, the applicant shall have six (6) options:
L Providing one free market dwelling unit and one deed restricted Resident-
Occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet; or,
2. Providing either two above grade, detached Accessory Dwelling Units or Carriage
Houses (or one of each), or one above grade, detached ADU or Carriage House
with a minimum floor area of six hundred (600) net livable square feet, pursuant
to Section 26.520; or,
3. Providing either two Accessory Dwelling Units or Carriage Houses (or one of
each) or one ADU or Carriage House with a minimum of 600 net livable square
feet authorized through Special Review to be attached and/or partially or fully
subgrade, pursuant to Section 26.520; or,
4. Providing an off-site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
5. Providing two deed restricted Resident-Occupied (RO) dwelling units; or
6. Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
3. Change-In-Use of Historic Landmark Sites and Structures. The change of use, between the
Development Categories identified in Section 26.470.020, of a property, structure, or portion
of a structure designated as a Historic Landmark shall be approved, approved with
conditions, or denied by the Community Development Director if no more than one free-
market residence is created. If more than one free-market residence is created, the additional
units shall be reviewed pursuant to Section 26.470.080.2. The change in amount of
development and number of units shall be added and deducted from the respective
Development Ceiling Levels established pursuant to Section 26.470.030, but shall not be
added or deducted from the respective Annual Development Allotments.
4. Minor enlargement of a Historic Landmark for commercial, lodge, or mixed-use
development. The enlargement of a property, structure, or portion of a structure designated as
a Historic Landmark for commercial, lodge, or mixed-use development shall be approved,
Ordinance No. 14, Series of2007.
Growth Management - April 23rd
Page 14
approved with conditions, or denied by the Community Development Director based on the
following criteria. The additional development of uses identified in Section 26.470.020 shall
be deducted from the Development Ceiling Levels established pursuant to Section
26.470.030, but shall not be deducted from the respective Annual Development Allotments.
a) If the development increases either Floor Area or Net Leasable space/lodge units, but
not both, then no employee mitigation shall be required.
b) If the development increases both Floor Area and Net Leasable space/lodge units, up
to four (4) employees generated by the additional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not quality for this administrative approval and shall be reviewed
pursuant to 26.470.070. I.
c) No more than one free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No. 14, Series of 2007.
5. Minor Expansion of a Commercial, Lodge, or Mixed-Use Development. The minor
enlargement of a of a property, structure, or portion of a structure for commercial, lodge, or
mixed-use development shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria. The additional
development of uses identified in Section 26.470.020 shall be deducted from the
Development Ceiling Levels established pursuant to Section 26.470.030, but shall not be
deducted from the respective Annual Development Allotments.
a) The expansion involves no more than 250 square feet of net leasable space or two
Hotel/Lodge units. The expansion involves no residential units. This shall be
cumulative and shall include administrative GMQS approvals granted prior to the
adoption of Ordinance No. 14, Series of2007.
6. Alley Stores. The expansion or conversion of an existing commercial or mixed-use building,
or portion thereof, or the development of a new commercial or mixed-use building to
accommodate a storefront along an alleyway shall be approved, approved with conditions, or
denied by the Community Development Director based on the following criteria:
a) The commercial space, or spaces, shall be no greater than six-hundred (600) gross'
square feet per space including storage and other non-leasable space and shall have
no internal connection to any other space. Multiple spaces may be created.
b) The commercial space shall not reduce the property's UtilityfTrash/Recycle service
area requirement unless such reduction is approved pursuant to Section 26.575.060.
c) Alley Stores that front entirely on an alleyway with no fenestration or direct access
along a primary street shall not require the provision of affordable housing.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 15
7. Temporary Outdoor Food Vending. A temporary use of outdoor food vending by a
restaurant or retailer on private property, private open space, or public property that is subject
to a mall lease for food vending or outdoor restaurant seating in the Commercial Core (CC)
Zone District shall be shall be approved, approved with conditions, or denied by the
Community Development Director based on the following criteria:
a) The temporary operation shall be permitted for a specified period not to exceed six
(6) months in duration or as otherwise limited by a mall lease.
b) The area of outdoor food vending activities does not exceed fifty (50) square feet.
The area of outdoor food vending activities shall be defined as a counter area,
equipment needed for the food vending activities (e.g. cooler with drinks, snow cone
machine, popcorn machine, etc.), and the space needed by employees to work the
food vending activity.
c) Temporary outdoor food vending may only occur by or in association with restaurant
or retail uses and with the approval of the restaurant or retail establishment's owner in
which the outdoor food vending is associated and located adjacent to.
d) An application to the Community Development Director for temporary outdoor food
vending shall only be submitted and approved subsequent to supmitting and obtaining
approval of a food service plan from the Environmental Health Department. The area
of outdoor food vending activities shall include a waste disposal container that shall
be emptied daily and stored inside at night and when the outdoor food vending
activities are not in operation. Additionally, no outdoor, open-flame char-broiling
shall be permitted pursuant to Municipal Code Section 13.08.100, Restaurant Grills.
e) The Community Development Director shall waive affordable housing mitigation
fees associated with the temporary new net leasable square footage being created by
outdoor food vending activities.
f) The outdoor food vending activities may occur year-round. An application for and an
approval of temporary outdoor vending activities shall not constitute nor be
interpreted by any property owner, developer, vendor, or court as a site specific
development plan entitled to vesting under Article 68 of Title 24 of the Colorado
Revised Statutes or Chapter 26.308 of this Title. Approvals granted in this subsection
are subject to revocation by the City Manager or Community Development Director
without requiring prior notice.
g) An application for temporary outdoor food vending activities shall not diminish the
general public health, safety or welfare and shall abide by all applicable City
regulations, including but not limited to building codes, health safety codes, fire
codes, liquor laws, sign and lighting codes, and sales tax license regulations.
h) Each vendor wishing to operate outdoor food vending activities shall apply for and be
approved for a permit (no fee required) to do so prior to commencing operations.
Applicable Environmental Health Plan Review fees shall apply.
26.470.070 Minor Planning and Zoning Commission Applications:
Ordinance No. 14, Series of2007.
Growth Management - April 23,d
Page 16
The following types of development shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.110, Procedures for Review,
and the criteria for each type of development described below. Except as noted, all growth
management applications shall comply with the General Requirements of 26.470.050. Except as
noted, the following types of growth management approvals shall be deducted from the
respective Development Ceiling Levels but shall not be deducted from the Annual Development
Allotments. Approvals apply cumulatively.
1. Enlargement of a Historic Landmark for Commercial, Lodge, or Mixed-Use
Development. The enlargement of a historic landmark building for commercial, lodge, or mixed-
use development shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Up to four (4) employees generated by the additional commercial/lodge development
shall not require the provision of affordable housing. Thirty (30) percent of the
employee generation above four (4) and up to eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof. Sixty (60)
percent of the employee generation above eight (8) employees shall be mitigated
through the provision of affordable housing or cash-in-lieu thereof.
For example: a project generating 15 employees shall require employee
mitigation for a total of 5.4 employees, as follows:
First 4 employees = 0 employee mitigation
Second 4 employees mitigated at 30% = 1.2 employees
Remaining 7 employees mitigated at 60% = 4.2 employees
Affordable housing shall be approved pursuant to Section 26.470.070.5, Affordable
Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower Category designation.
b) Up to one free-market residence may be created pursuant to 26.470.060.4 - Minor
enlargement of a Historic Landmark for commercial, lodge, or mixed-use
development. This shall be cumulative and shall include administrative GMQS
approvals granted prior to the adoption of Ordinance No. 14, Series of 2007.
Additional free-market units (beyond one) shall be reviewed pursuant to Section
26.470.080.2 - New Free-Market Residential Units within a Multi-Family or Mixed-
Use Project.
2. Change in use. A change in use, of an existing property, structure, or portions of an
existing structure, between the Development Categories identified in Section 26.470.020,
(irrespective of direction) for which a Certificate of Occupancy has been issued for at least two
(2) years and which is intended to be reused, shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the General Requirements outlined in
Section 26.470.050. No more than one (I) free-market residential unit may be created through
the change-in-use.
Ordinance No. 14, Series of2007.
Growth Management - April 23rd
Page 17
3. Expansion of Free-Market Residential Units within a Multi-Family or Mixed-Use
Project. The Net Livable Area expansion of existing free-market residential units within a
mixed-use project, or the Net Livable Area expansion after Demolition of existing free-market
residential units within a multi-family project shall be approved, approved with conditions, or
denied by the Planning and Zoning Commission based on the General Requirements outlined in
Section 26.470.050. The remodeling or expansion of existing multi-family residential dwellings
shall be exempt from growth management as long as no Demolition occurs, pursuant to Section
26.470.040.3.
4. Lodge Development with no Free-Market Residential Development. The expansion of
an existing lodge, or the development of a new lodge, which has no increase of free-market
residential development associated with the lodge, shall be approved, approved with conditions,
or denied by the Planning and Zoning Commission based on the following criteria:
a) If the project contains a minimum of one lodge unit per five-hundred (500) square
feet of Lot Area, a percentage, as defined in the table below, of the employees
generated by the additional lodge, timeshare lodge, exempt timeshare units, and
associated commercial development, according Section 26.470.l00.A.I, Employee
Generation, shall be mitigated through the provision of affordable housing.
Average NetLivable Area of Percentage of employee
lodge units being added to genetation requiring the
the oarcel orovision of mitigation:
600 square feet or l!reater 60%
500 square feet 40%
400 square feet 20%
300 square feet or smaller 0%
When the average unit size falls between the square footage categories, the
required affordable housing shall be determined by interpolating the above
schedule. For example, a lodge project with an average units size of 450 square
feet shall be required to provide mitigation for 30% of the employees generated.
Affordable housing units provided shall be approved pursuant to Section
26.470.070.5, Affordable Housing, and be restricted to a maximum of Category 4
rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower
Category designation.
b) If the project contains less than one lodge unit per five-hundred (500) square feet of
Lot Area, sixty (60) percent of the employees generated by the additional lodge,
timeshare lodge, exempt timeshare units, and associated commercial development,
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 18
according Section 26.470.050.A.1, Employee Generation, shall be mitigated through
the provision of affordable housing.
5. Affordable Housing. The development of affordable housing deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved,
approved with conditions, or denied by the Planning and Zoning Commission based on the
following criteria:
a) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing
Authority. A recommendation from the AspenlPitkin County Housing Authority
shall be required for this standard. The Aspen/Pitkin County Housing Authority may
choose to hold a public hearing with the Board of Directors.
b) Affordable Housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
of Aspen city limits. Units outside the city limits may be accepted as mitigation by
the City Council, pursuant to 26.470.090.2. If the mitigation requirement is less than
one full unit, a cash-in-Iieu payment may be accepted by the Planning and Zoning
Commission upon a recommendation from the AspenlPitkin County Housing
Authority. If the mitigation requirement is one or more units, a cash-in-lieu payment
shall require City Council approval, pursuant to Section 26.470.090.3. Required
affordable housing may be provided through a mix of these methods.
c) Each unit provided shall be designed such that the finished floor level of fifty (50)
percent or more of the unit's Net Livable Area is at or above Natural or Finished
Grade whichever is higher.
d) The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the AspenlPitkin County Housing Authority
Guidelines. The owner may be entitled to select the first purchasers, subject to the
aforementioned qualifications, with approval from the AspenlPitkin County Housing
Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing
Authority or the City of Aspen to own the unit and rent it to qualified renters as
defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County
Housing Authority, as amended.
The proposed units may be rental units, including but not limited to rental units
owned by an employer or non-profit organization, if a legal instrument in a form
acceptable to the City Attorney ensures permanent affordability of the units. The City
encourages affordable housing units required for lodge development to be rental units
associated with the lodge operation and contributing to the long-term viability of the
lodge.
Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen,
Pitkin County, or other similar governmental or quasi-municipal agency shall not be
subject to this mandatory "for-sale" provision.
Ordinance No. 14, Series of 2007.
Growth Management - April23'd
Page 19
6. Demolition or Redevelopment of Multi-Family Housing. The City of Aspen's
neighborhoods have traditionally been comprised of a mix of housing types, including those
affordable by its working residents. However, because of Aspen's attractiveness as a resort
environment, and because of the physical constraints of the upper Roaring Fork Valley, there is
constant pressure for the redevelopment of dwell ings currently providing resident housing for
tourist and second home use. Such redevelopment results in the displacement of individuals and
families who are an integral part of the Aspen work force. Given the extremely high cost of and
demand for market-rate housing, resident housing opportunities for displaced working residents,
which are now minimal, will continue to decrease.
Preservation of the housing inventory and provision of dispersed housing opportunities in Aspen
have been long-standing planning goals of the community. Achievement of these goals will serve
to promote a socially and economically balanced community, limit the number of individuals
who face a long and sometimes dangerous commute on State Highway 82, reduce the air
pollution effects of commuting, and prevent exclusion of working residents from the city's
neighborhoods.
The Aspen Area Community Plan established a goal that affordable housing for working
residents be provided by both the public and private sectors. The City and the AspenlPitkin
County Housing Authority, has provided affordable housing both within and adjacent to the city
limits. The private sector has also provided affordable housing. Nevertheless, as a result of the
replacement of resident housing with second homes and tourist accommodations, and the steady
increase in the size of the workforce required to assure the continued viability of Aspen area
businesses and Aspen's tourist based economy, the City has found it necessary, in concert with
other regulations, to adopt limitations on the demolition of existing multi-family housing in order
to minimize the displacement of working residents, to insure that the private sector maintains its
role in the provision of resident housing, and to prevent a housing shortfall from occurring.
The demolition or redevelopment of multi-family housing shall be approved, approved with
conditions, or denied by the Planning and Zoning Commission based on compliance with the
following requirements:
L Requirements for Demolishing Free-Market Multi-Family Housing Units: Only one of
the following two options is required to be met when demolishing or redeveloping a free-
market multi-family residential property. To ensure the continued vitality of the community
and a critical mass of local working residents, no net loss of density (total number of units)
between the existing development and proposed development shall be allowed.
a. One-Hundred Percent Replacement. In the event of the demolition of free-market
multi-family housing, the applicant shall have the option to construct replacement
housing consisting of no less than one-hundred (100) percent of the number of units,
bedrooms, and Net Livable Area demolished. The replacement units shall be deed
restricted as Resident Occupied affordable housing, pursuant to the Guidelines of the
Aspen/Pitkin County Housing Authority. An applicant may choose to provide
mitigation units at a lower Category designation. Each replacement unit shall be
approved pursuant to Section 26.470.070.5 - Affordable Housing.
Ordinance No. 14, Series of2007. Page 20
Growth Management - April 23,d
When this one-hundred (100) percent standard is accomplished, the remammg
development on the site may be free-market residential development with no
additional affordable housing mitigation required as long as there is no increase in the
number of free-market residential units on the parceL Free-market units in excess of
the total number originally on the parcel shall be reviewed pursuant to Section
26.470.070.3 - Expansion of Free-Market Residential Units within a Multi-Family or
Mixed-Use Development.
b. Fifty Percent Replacement. In the event of the demolition of free-market multi-
family housing and replacement ofless than one-hundred (100) percent of the number
of previous units, bedrooms, or Net Livable Area as described above, the applicant
shall be required to construct affordable housing consisting of no less than fifty (50)
percent of the number of units, bedrooms, and the Net Livable Area demolished. The
replacement units shall be deed restricted as Category 4 housing, pursuant to the
Guidelines of the AspenlPitkin County Housing Authority. An applicant may choose
to provide mitigation units at a lower Category designation. Each replacement unit
shall be approved pursuant to Section 26.4 70.070.5 - Affordable Housing.
When this fifty (50) percent standard is accomplished, the remaining development on
the site may be free-market residential development as long as additional affordable
housing mitigation is provided pursuant to Section 26.470.070.3 - Expansion of Free-
Market Residential Units within a Multi-Family or Mixed-Use Project, and there is no
increase in the number of free-market residential units on the parceL Free-market
units in excess of the total number originally on the parcel shall be reviewed pursuant
to Section 26.470.080.2 - New Free-Market Residential Units within a Multi-Family
or Mixed-Use Project.
2. Requirements for Demolishin~ Affordable Multi-Family Housing Units: In the event a
project proposes to demolish or replace existing deed restricted affordable housing units, the
redevelopment may increase or decrease the number of units, bedrooms, or Net Livable Area
such that there is no decrease in the total number of employees housed by the existing units.
The overall number of replacement units, unit sizes, bedrooms, and category of the units
shall be reviewed by the AspenlPitkin County Housing Authority and a recommendation
forwarded to the Planning and Zoning Commission.
3. Fractional Unit Requirement. When the affordable housing replacement requirement of
this section involves a fraction of a unit, cash-in-lieu may be provided only upon the review
and approval of the City Council, to meet the fractional requirement only, pursuant to Section
26.470.090.3. - Provision of Required Affordable Housing via a Cash-in-Lieu Payment
4. Location Requirement. Multi-family replacement units, both free-market and affordable,
shall be developed on the same site on which demolition has occurred, unless the owner shall
demonstrate and the Planning and Zoning Commission determines that replacement of the
units on-site would be in conflict with the parcel's zoning or would be an inappropriate
solution due to the site's physical constraints.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 21
When either of the above circumstances result, the owner shall replace the maximum number
of units on-site which the Planning and Zoning Commission determines that the site can
accommodate and may replace the remaining units off-site, at a location determined
acceptable to the Planning and Zoning Commission. A recommendation from the
Aspen/Pitkin County Housing Authority shall be considered for this standard.
5. Timing Requirement. Any replacement units required to be deed restricted as affordable
housing shall be issued a Certificate of Occupancy, according to the Building Department,
and be available for occupancy at the same time as, or prior to, any redeveloped free-market
units, regardless of whether the replacement units are built on-site or off-site.
6. Redevelopment Agreement. The applicant and the City of Aspen shall enter into a
redevelopment agreement that specifies the manner in which the applicant shall adhere to the
approvals granted pursuant to this Section and penalties for non-compliance. The agreement
shall be recorded prior to application for a demolition permit may be accepted by the City.
7. Growth Management Allotments. The existing number of free-market residential units,
prior to demolition, may be replaced exempt from growth management, provided the units
conform to the provisions of this Section. The redevelopment credits shall not be
transferable separate from the property unless permitted as described above in Location
Requirement.
26.470.080 Major Planning and Zoning Commission Applications:
The following types of development shall be approved, approved with conditions, or denied by
the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for Review,
and the criteria for each type of development described below. Except as noted, all growth
management applications shall comply with the General Requirements of Section 26.470.050.
Except as noted, all Planning and Zoning Commission growth management approvals shall be
deducted from the respective Annual Development Allotments and Development Ceiling Levels.
1. Expansion or New Commercial Development. The expansion of an existing commercial
building or commercial portion of a mixed-use building or the development of new a commercial
building or commercial portion of a mixed-use building shall be approved, approved with
conditions, or denied by the Planning and Zoning Commission based on General Requirements
outlined in Section 26.470.050.
2. New Free-Market Residential Units within a Multi-Family or Mixed-Use Project. The
development of new free-market residential units within a multi-family or mixed-use project
shall be approved, approved with conditions, or denied by the Planning and Zoning Commission
based on the following criteria General Requirements outlined in Section 26.470.050.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 22
3. Lodge Development with Associated Free-Market Residential Development. The
expansion of an existing lodge, or the development of a new lodge, which includes an expansion
of free-market residential development associated with the lodge, shall be approved, approved
with conditions, or denied by the Planning and Zoning Commission based on the following
criteria:
a) If the project contains a minimum of one lodge unit per five-hundred (500) square
feet of Lot Area, the following affordable housing mitigation standards shall apply:
i. Affordable housing Net Livable Area equaling a percentage, as defined in the
unit-size table below, of the additional free-market residential Net Livable Area
shall be mitigated through the provision of affordable housing.
11. A percentage, as defined in the table below, of the employees generated by the
additional lodge, timeshare lodge, exempt timeshare units, and associated
commercial development, according Section 26.470.100.A.l - Employee
Generation, shall be mitigated through the provision of affordable housing.
Average Net Livable Area Affordable Housing Percentage of
of lodge units being Net Livable Area employee generation
added to the parcel required. requiring the
(Percentage of Free- provision of
Market Net Livable mitigation:
Areal
600 square feet or greater 30% 60%
500 square feet 30% 40%
400 square feet 20% 20%
300 square feet or smaller 10% 0%
When the average unit size falls between the square footage categories, the
required affordable housing shall be determined by interpolating the above
schedule. For example, a lodge project with an average units size of 450 square
feet shall be required to provide mitigation for 30% of the employees generated.
Affordable housing units provided shall be approved pursuant to Section
26.470.070.5, Affordable Housing, and be restricted to a maximum of Category 4
rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as
amended. An applicant may choose to provide mitigation units at a lower
Category designation.
b) If the project contains less than one lodge unit per five-hundred (500) square feet of
Lot Area, the following affordable housing mitigation standards shall apply:
i) Affordable housing Net Livable Area equaling thirty (30) percent of the
additional free-market residential Net Livable Area shall be mitigated through
the provision of affordable housing.
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 23
ii) Sixty (60) percent of the employees generated by the additional lodge,
timeshare lodge, exempt timeshare units, and associated commercial
development, according Section 26.4 70.050.A.1 - Employee Generation, shall
be mitigated through the provision of affordable housing.
4. Residential Development - 60 Percent Affordable. The development of a residential
project, or an addition of units to an existing residential project, in which a minimum of sixty
(60) percent of the additional units and thirty (30) percent of the additional Floor Area is
affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) A minimum of sixty (60) percent of the total additional units and thirty (30) percent
of the project's additional Floor Area shall be affordable housing. Multi-site projects
are permitted. Affordable housing units provided shall be approved pursuant to
Section 26.470.070.5 - Affordable Housing, and shall average Category 4 rates as
defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An
applicant may choose to provide mitigation units at a lower Category designation.
b) If the project consists of only one (I) free-market residence, then a minimum of one
(I) affordable residence representing a minimum of thirty (30) percent of the project's
total Floor Area and deed restricted as a Category 4 "for-sale" unit, according to the
provisions of the Aspen/Pitkin County Affordable Housing Guidelines, shall qualify.
5. Residential Development - 70 Percent Affordable. The development of a residential
project, or an addition to an existing residential project, in which seventy (70) percent of the
project's additional units and seventy (70) percent of the project's additional bedrooms are
affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing
Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and
Zoning Commission based on the following criteria:
a) Seventy (70) percent of the total additional units and total additional bedrooms shall
be affordable housing. At least forty (40) percent of the units shall average Category
4 rates as defined in the Aspen Pitkin County Housing Authority Guidelines, as
amended. The remaining thirty (30) percent affordable housing unit requirement may
be provided as Resident Occupied (RO) units as defined in the Aspen Pitkin County
Housing Authority Guidelines, as amended. Multi-site projects are permitted.
Affordable housing units provided shall be approved pursuant to Section
26.470.070.A.I - Affordable Housing. An applicant may choose to provide
mitigation units at a lower Category designation.
b) I f the project consists of one (I) free-market residence, then the provision of one (I)
RO residence, and one (I) Category residence shall be considered meeting the 70
percent unit standard. If the project consists of two (2) free-market residences, then
the provision of two (2) RO residences and two (2) Category residences shall qualify
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 24
26.470.090 City Council Applications:
The following types of development shall be approved, approved with conditions, or denied by
the City Council, pursuant to Section 26.470.110, Procedures for Review, and the criteria for
each type of development described below. Except as noted, all growth management
applications shall comply with the General Requirements of Section 26.470.050. Except as
noted, all City Council growth management approvals shall be deducted from the respective
Annual Development Allotments and Development Ceiling Levels.
1. Multi-Year Development Allotment. The City Council, upon a recommendation from the
Planning and Zoning Commission, shall approve, approve with conditions, or deny a multi-year
development allotment request based on the following criteria:
a) The proposed development is considered "exceptional" considering the following
criteria: (Note - A project need not meet all of the following criteria, only enough to
be sufficiently considered "exceptional!')
I. The proposal exceeds the minimum affordable housing required for a standard
project.
2. The proposed project represents an excellent historic preservation
accomplishment. A recommendation from the Historic Preservation Officer
shall be considered for this standard.
3. The proposal furthers affordable housing goals by providing units established
as priority through the current Guidelines ofthe.Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic
levels, and lifestyles (e.g. singles, seniors, families, etc.). A recommendation
from the Aspen/Piktin County Housing Authority shall be considered for this
standard.
4. The proposal minimizes impacts on public infrastructure by incorporating
innovative, energy-saving techniques.
5. The proposal minimizes construction impacts to the extent practicable both
during and after construction.
6. The proposal maximizes potential public transit usage and minimizes reliance
on the automobile.
7. The proposal exceeds minimum requirements of the Efficient Building Code
or for LEEDS certification, as applicable. A recommendation from the
Building Department shall be considered for this standard.
8. The proposal promotes sustainability of the local economy.
9. The proposal represents a desirable site plan and an architectural design
solution.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 25
10. The proposed development is compatible with the character of the existing
land uses in the surrounding area and the purpose of the underlying zone
district.
b) The project complies with all other provisions of the Land Use Code and has obtained
all necessary approvals from the Historic Preservation Commission, the Planning and
Zoning Commission, and the City Council, as applicable.
c) The Community Development Director shall be directed to reduce the applicable
Annual Development Allotments, as provided in Section 26.470.030(D), in
subsequent year(s) as determined appropriate by the City Council.
2. Provision of Required Affordable Housing Units Outside City Limits. The provision of
affordable housing, as required by Chapter 26.470, Growth Management, with units to be located
outside the City of Aspen boundary, upon a recommendation from the Planning and Zoning
Commission, shall be approved, approved with conditions, or denied by the City Council based
on the following criteria:
a) The off-site housing is within the Aspen Urban Growth Boundary.
b) The proposal furthers affordable housing goals by providing units established as
priority through the current Guidelines of the Aspen/Pitkin County Housing
Authority, and provides a desirable mix of affordable unit types, economic levels, and
lifestyles (e.g., singles, seniors and families). A recommendation from the
Aspen/Pitkin County Housing Authority shall be considered for this standard.
c) The applicant has received all necessary approvals from the governing body with
jurisdiction of the off-site parcel.
City Council may accept any percentage of a project's total affordable housing mitigation
to be provided through units outside the city's jurisdictional limits, including all or none.
3. Provision of Required Affordable Housing via a Cash-In-Lieu Payment. The provision
of affordable housing equal to or in excess of one residential unit, as required by Chapter 26.470
- Growth Management, via a cash-in-lieu payment shall be approved, approved with conditions,
or denied by the City Council based on the following criteria:
a) The provision of affordable housing on-site (on the same site as the project requiring
such affordable housing) is impractical given the physical or legal parameters of the
development or of the site or would be inconsistent with the character of the
neighborhood in which the project is being developed.
b) The applicant has made a reasonable good faith effort in pursuit of providing the
required affordable housing off-site through construction of new dwelling units or the
deed restriction of existing dwelling units to affordable housing status.
c) The proposal furthers affordable housing goals and the cash-in-lieu payment will
result in the near-term production of affordable housing units. A recommendation
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 26
from the Aspen/Piktin County Housing Authority shall be considered for this
standard.
City Council may accept any percentage of a project's total affordable housing mitigation
to be provided through a cash-in-lieu payment, including all or ,none. Unless otherwise
required by this Title, the provision of affordable housing via a cash-in-lieu payment for a
fraction of a dwelling unit shall not require City Council approval.
4. Essential Public Facilities. The development of an Essential Public Facility, upon a
recommendation from the Planning and Zoning Commission, shall be approved, approved with
conditions, or denied by the City Council based on the following criteria:
a) The Community Development Director has determined the primary use and/or
structure to be an Essential Public Facility. (See definition.) Accessory uses may also
be part of an Essential Public Facility project.
b) Upon a recommendation from the Community Development Director, the City
Council may assess, waive, or partially waive, affordable housing mitigation
requirements as is deemed appropriate and warranted for the purpose of promoting
civic uses and in consideration of broader community goals. The Employee
Generation Rates may be used as a guideline but each operation shall be analyzed for
its unique employee needs, pursuant to Section 26.470.100 - Calculations.
5. Preservation of Significant Open Space Parcels. On a project specific basis and upon a
recommendation from the Planning and Zoning Commission, the City Council shall approve,
approve with conditions, or deny development of one or more residences in exchange for the
permanent preservation of one or more parcels considered significant for the preservation of
open space. The preservation parcel may lie outside the City of Aspen jurisdiction. The
exempted residential units shall be deducted from the respective Annual Development Allotment
established pursuant to Section 26.470.030.D and the Development Ceiling Levels established
pursuant to Section 26.470.030.C. The exempted residential units shall provide affordable
housing mitigation, pursuant to the requirements of Section 26.470.060.2. This exemption shall
only apply to the specific residences approved through this provision. Other residences within a
project not specifically exempted through this provision shall require growth management
approvals pursuant to this Chapter. The criteria for determining the significance of a
preservation parcel and the associated development rights to be granted may include:
L The strategic nature of the preservation parcel to facilitate park, trails, or open space
objectives of the City of Aspen. This shall include a recommendation from the City of
Aspen Open Space Acquisition Board.
2. Identification of the preservation parcel as "private land with preservation value" in the
Aspen Area Community Plan or as a parcel desirable for preservation in any other
adopted master plans of the City of Aspen.
3. Proximity and/or visibility of the preservation parcel to the City of Aspen.
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 27
4. The development rights of the preservation parcel, including the allowed uses and
intensities and impacts associated with those uses if developed to the maximum.
5. The proposed location of the parcel(s) being granted growth management approvals and
the compatibility of the resulting uses and intensities of development with the
surrounding neighborhood, including the impacts from the specified method of providing
affordable housing mitigation. The new residences shall be restricted to the underlying
zoning restrictions of the property on which they lie unless additional restrictions are
necessary in order to meet this criterion.
6. The preservation parcel shall be encumbered with a legal instrument, acceptable to the
City Attorney, which sterilizes the parcel from further development in perpetuity.
26.470.100 Calculations
A. Employee Generation and Mitigation
Whenever employee housing or cash-in-lieu is required to mitigate for employees generated by a
commercial or lodging development, there shall be an analysis and credit for employee
generation of the existing project, prior to redevelopment, and an employee generation analysis
of the proposed development. The employee mitigation requirement shall be based upon the
incremental employee generation difference between the existing development and the proposed
development.
1. Employee Generation:
The following employee generation rates are the result of the Employee Generation
Study, an analysis sponsored by the City of Aspen during the Summer and Fall of 2002
considering the actual employment requirements of over one-hundred (100) Aspen
businesses. This study is available at the Community Development Department.
Employee generation is quantified as full time equivalents (FTEs) per one-thousand
(1,000) square feet of net leasable space or per lodge bedroom.
Employees generated per 1,000
square feet of net leasable
s ace
4.1
3.7
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 28
This Employee Generation Rate Schedule shall be used to determine employee
generation of projects within the City of Aspen. Each use within a mixed-use building
shall require a separate calculation to be added to the total for the project. For
commercial net leasable space within Basement or Upper Floors, the rates quoted above
shall be reduced by 25% for the purpose of calculating total employee generation. This
reduction shall not apply to lodge units.
For lodging projects with flexible unit configurations, also known as "lock-off units",
each separate "key", or rentable division, shall constitute a unit for the purposes of this
section. Timeshare units and exempt timeshare units are considered lodging projects for
the purposes of determining employee generation.
Applicants may request an Employee Generation Review with the Planning and Zoning
Commission, pursuant to Section 26.470.110, Growth Management Review Procedures,
and according to the following criteria. All Essential Public Facilities shall be reviewed
by the Planning and Zoning Commission to determine employee generation. In
establishing employee generation, the Planning and Zoning Commission shall consider
the following:
a) The expected employee generation of the use considering the employment
generation pattern of the use, or of a similar use within Aspen or similar resort
economy.
b) Any unique employment characteristics of the operation.
c) The extent to which employees of various uses within a mixed-use building, or of
a related off-site operation, will overlap or serve multiple functions.
d) A proposed restriction requiring full employee generation mitigation upon
vacation of the type of business acceptable to the Planning and Zoning
Commission.
e) Any proposed follow-up analyses of the project (e.g. an audit) to confirm actual
employee generation.
t) For Lodge projects only: An efficiency or reduction in the number of employees
required for the lodging component of the project may, at the discretion of the
Commission and as a means of incentivizing a lodge project, be applied as a
credit towards the mitigation requirement of the free-market residential
8 For the Public Zone District, the study evaluated only office-type public uses and this number should not be
considered typical for other non-office public facilities. Hence, each Essential Public Facility proposal shall be
evaluated for actual employee generation.
Ordinance No. 14, Series of2007. Page 29
Growth Management - April 23'd
component of the project. Any approved reduction shall require an audit to
determine actual employee generation after two complete years of operation of
the Lodge.
2. Employees Housed.
Whenever a project provides residential units on- or off-site to satisfY affordable housing
requirements of this section, the following schedule shall be used to determine the
number of employees housed by such units:
Em 10 ees Housed:
1.25
1.75
2.25
3.00, plus .5 per each additional
bedroom.
1.00 employee per one hundred
fifty (150) square feet of net
livable s ace.
3. Employee Housing Cash-In-Lieu Payment.
Whenever a project provides employee housing via a cash-in-lieu payment, in part or in
total, the amount of the payment shall be in accordance with the applicable provisions of
the Aspen/Pitkin County Housing Authority Guidelines, as amended.
4. Employee/Square Footage Conversion. Whenever an affordable housing
mitigation requirement is required to be converted between a number of employees
requirement and a square footage requirement, regardless of direction, the following
conversion factor shall be used: 1 employee = 400 square feet of Net Livable Area.
5. Accessory Dwelling Units as Mitigation Units. Accessory Dwelling Units,
approved pursuant to Chapter 26.520 and which are deed restricted as "for-sale"
Category housing and transferred to a qualified purchaser according to the provisions of
the Aspen Pitkin County Housing Authority, shall be considered mitigation units and
attributed to a project's affordable housing provision. ADUs which are not deed
restricted as Category units and are not transferred to qualified purchasers shall not be
considered mitigation units and shall not be attributed to a project's affordable housing
provision.
6. On-Site Housing Serves Multiple Affordable Housing Requirements.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 30
Whenever affordable housing is provided on-site (with actual units) in order to satisfY
one requirement, the same on-site affordable housing may also be used to satisfY any
other affordable housing requirement concurrently. For example: A mixed-use project
may require two affordable housing units to mitigate an increase in commercial employee
generation, and two affordable housing units to mitigate free-market residential
development. In this case, providing two on-site affordable housing units shall satisfY
both requirements concurrently.
Whenever required affordable housing is provided by means other than on-site provision,
such housing, or payment-in-lieu thereof, shall accrue consecutively to individual
requirements and shall not serve requirements concurrently. In the above example,
provision of four units would be required.
26.470.110 Growth Management Review Procedures.
A. General.
I. Number of Develovment Avvlications. No more than one application for growth
management allotments on anyone parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
2. Number of Growth Manazemenl Allolments. No more than one project shall be
entitled for growth management allotments on anyone parcel concurrently. In order
to entitle a different project on the same parcel, existing growth allotments must be
vacated. (Also see, Amendment of a Growth Management Development Order,
Section 26.470.140.)
3. No Automatic "resubmission" of zrowth manazement avvlicalions. Applications
shall only be eligible for growth allotments within the growth management session in
which they are submitted and shall not automatically become eligible for allotments
in future sessions or future years. Applications must be resubmitted in order to be
eligible for allotments in the next session or next year, as applicable. Resubmission
shall effect a new submission date.
4. HPC Concevtual Avvroval Reauired. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
Conceptual approval must be secured prior to submitting an application for a growth
management allotment. Conceptual HPC applications may not be combined with
Growth Management Review.
5. Concevtual PUD Avvroval Reauired. Projects requiring approval of a Planned Unit
Development Plan, pursuant to section 26.445, Planned Unit Development, must first
obtain Conceptual PUD approval prior to submitting an application for a growth
management allotment. Conceptual PUD applications may not be combined with
Growth Management Review.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 31
6. Concevtual Commercial Desizn Review Avvroval Required. Commercial, Lodging,
and mixed-use projects shall obtain Conceptual Commercial Design Review
approval, pursuant to Section 26.412, prior to submitting an application for growth
management allotment. Conceptual Commercial Design Review applications may
not be combined with Growth Management Review.
7. Subdivision and Other Required Land Use Reviews. Subdivision approval and other
land use review approvals, as applicable, shall be required and may be reviewed
concurrently with review for growth management, pursuant to Section
26.304.060.8.1.
8. Non-Assignability of Growth Allotments. Development allotments obtained, pursuant
to this Chapter, shall not be assignable or transferable independent of the conveyance
of the real property on which the development allotment has been approved.
9. Multi-Year Growth Allotments. Projects requiring development allotments in excess
of the Annual Allotment may be granted a multi-year allotment pursuant to Section
26.470.090.1, or may gain allotments over a multi-year period provided that the
allotment gained in anyone year shall not exceed the Annual Allotment.
For example, a project requesting 50,000 square feet of commercial space may
request either a one-time multi-year allotment of 50,000 square feet, or may request
approval in the first year for 25,000 square feet and request approval for the
remaining 25,000 square feet in a subsequent year.
Gaining partial allotments in any year shall not guarantee that allotments will be
granted in later years for the same project. Projects receiving partial allotment shall
not be granted a Development Order until all elements of the project have been
granted allotments. If the design of a project changes prior to receiving the full
allotment needed for a Development Order, the reviewing body shall determine if the
changes are acceptable or if the change invalidates the previously granted allotment
and requires a resubmission for allotments. Applications for each year's allotment
need to be submitted and there shall be no preferential status given to a project
granted partial allotment.
B. Application Review Procedures - Administrative Review Applications, Minor P&Z
Review Applications, and City Council Review Applications:
L Avplication Submission Dates. An application for growth management allocation that
qualifies for Administrative Review, Minor Planning and Zoning Commission
Review, or City Council Review, may be submitted to the Community Development
Director on any date of the year.
2. Administrative Avvlications. Growth Management applications for. Community
Development Director Review shall be submitted to the Community Development
Director who shall based on the applicable standards identified in Section 26.470.060,
approve, approve with conditions, or disapprove the application.
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 32
3. Minor Planning and Zoning Commission Applications. Growth Management
applications for Minor Planning and Zoning Commission Review shall be reviewed
by the Community Development Director who shall forward a recommendation to the
Planning and Zoning Commission, based on the applicable standards identified in
Section 26.470.070, that the application be approved, approved with conditions, or
disapproved.
The Planning and Zoning Commission shall review the application according to the
applicable standards, consider the recommendation of the Community Development
Director, and during a public hearing adopt a resolution approving, approving with
conditions, or disapproving the application. Notice of the hearing shall be by
publication, posting, and mailing, pursuant to Section 26.304.060.E.
4. City Council Applications. Growth Management Review applications for City
Council Review shall be submitted to the Community Development Director who
shall forward a recommendation to the Planning and Zoning Commission, based on
the applicable standards identified in Section 26.470.090, that the application be
approved, approved with conditions, or disapproved.
The Planning and Zoning Commission shall review the application during a public
hearing according to the applicable standards and, by Resolution, recommend to City
Council that the application be approved, approved with conditions, or disapproved.
Notice of the hearing shall be by publication, posting, and mailing, pursuant to
Section 26.304.060.E.
City Council shall review the application according to the applicable standards,
consider the recommendation of the Planning and Zoning Commission, the
recommendation of the Community Development Director, and during a public
hearing adopt an Ordinance approving, approving with conditions, or disapproving
the application. Notice of the hearing shall be by publication, posting, and mailing,
pursuant to Section 26.304.060.E.
City Council Review Applications that require Major Planning and Zoning
Commission Review shall be reviewed pursuant to the process outlined in Section
26.470.110.C.
C. Application Review Procedures - Major Planning and Zoning Commission Review
I. Apvlication Submission Dates. An application for growth management allocation that
requires Major Planning and Zoning Commission Review may only be submitted to
the Community Development Director on one of the two application submittal dates-
February 15 or August 15. When the application submittal date falls on a Saturday,
Sunday, or legal holiday, the next business day shall be the application submittal date.
Ordinance No. 14, Series 0(2007.
Growth Management - April 23'd
Page 33
Applications shall only be submitted within the growth management year in which
allocations are requested.
2. Communitv Obiectives Scorinl!. and Establishment of the Apolication Review Order.
Applications for Major Planning and Zoning Commission Growth Management
Review shall be submitted to the Community Development Director on the submittal
dates listed above. The Community Development Director shall review the
applications for completeness and assign a Community Objectives Score to each
application, pursuant to Section 26.470.120 - Community Objectives Scoring
Criteria. The assigned scores shall be used to establish the review order and sequence
to which applications may be granted growth management allocations.
Applications for Major Planning and Zoning Commission Growth Management
Review failing to receive a Minimum Threshold score in anyone of the Community
Objectives scoring classifications, as defined in Section 26.470.120, shall be denied
by the Community Development Director.
The project with the highest Community Objectives Score shall be reviewed first and
shall be the first project eligible for growth management allocations. The second-
highest scoring project shall be reviewed second and shall be the second project
eligible for growth management allocations, and so forth. Applications shall maintain
this assigned order and allocations shall be granted accordingly. After submission,
applications may be modified but only in a manner that does not reduce the project's
total Community Objectives Score.
3. Aoolicalion Review. After the Community Objectives Scoring is complete and the
review order is established, Growth Management applications for Major Planning and
Zoning Commission Review shall be reviewed by the Community Development
Director who shall forward a recommendation to the Planning and Zoning
Commission, based on the applicable standards identified in Section 26.470.070, that
the application be approved, approved with conditions, or disapproved.
The Planning and Zoning Commission shall review the application and the
recommendation of the Community Development Director during a public hearing
according to the applicable standards and, by resolution, approve, approve with
conditions, or disapprove the application. Notice of the hearing shall be by
publication, posting, and mailing, pursuant to Section 26.304.060.E.
D. Allocation Procedure.
Following approval or approval with conditions, pursuant to the above procedures for review, the
Community Development Director shall issue a Development Order pursuant to Section
26.304.070, Development Orders. Those applicants having received allotments may proceed to
apply for any further development approvals required by this Title or any other regulations of the
City.
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 34
E. Expiration of Growth Management Allotments.
Growth Management allotments granted pursuant to this Chapter shall expire on the day after the
third anniversary of the effective date of the development order, pursuant to the terms and
limitations of Section 26.304.070. Expired allotments shall not be considered valid and the
applicant shall be required to re-apply for Growth Management approval. Expired allotments
may be added to the next year's available allotments at the discretion of the City Council,
pursuant to Section 26.470.030.F.
F. Application Contents.
Applications for growth management review shall include the following:
I. The general application information required in Common Procedures, Section 26.304.
2. A Site Improvement Survey depicting:
a) Existing natural and man-made site features.
b) All legal easements and restrictions.
c) All requirements for Improvement Surveys outlined in the current City
Engineering Department regulations.
3. A description of the project and the number and type of the requested growth
management allotments.
4. A detailed description and site plan of the proposed development including proposed land
uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, infrastructure improvements, site drainage, and any associated off-site
improvements.
5. A description of the proposed affordable housing and how it provides adequate mitigation
for the project and conforms to the Guidelines of the Aspen/Pitkin County Housing
Authority.
6. A statement as to how the application should be considered "exceptional" if multi-year
allotments are being requested.
7. A statement specitying the public facilities that will be needed to accommodate the
proposed development, proposed infrastructure improvements, and the specific
assurances will be made to ensure the public facilities will be available to accommodate
the proposed development.
8. A written response to each of the Review Criteria for the particular review(s) requested.
9. Copies of required approvals from the Planning and Zoning Commission, Historic
Preservation Commission, and the City Council, as necessary.
10. As applicable, a recommended Community Objective Score according to the scoring
criteria applicable to the type of development as outlined in Section 26.470.120 and a
brief explanation supporting the recommended score.
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 35
26.470.120 Community Objective Scoring Criteria
Growth Management Allocation applications for Major Planning and Zoning Commission
Review shall be reviewed in the order of their Community Objectives Score - with the highest
scoring project first, the second highest scoring project second, and so forth. The following
scoring criteria have been established in order to define the City's expectation for new
development and to reward projects that achieve identified community goals.
Projects failing to receive a Minimum Threshold score in anyone of the scoring classifications,
as the term defined in Section 26.470.120, shall be denied by the Community Development
Director. The following point system shall be used to assign a Community Objectives Score to
each project. Scores shall be calculated to the nearest integer.
A. Community Obiectives Scorinl! Criterion #1 - Workforce Housinl!
The community desires a balance between Aspen - the Community and Aspen - the Resorl. Both
the social fabric of the community and the long-term economic well-being of the resort are
reliant on a resource of housing opportunities for local working residents. The Community
Development Director shall assign a score to each project for this objective based on following
point schedule:
Points for the Number of Employees Housed.
One (I) point shall be assigned for each one (I) percent by which a proposal exceeds the
minimum affordable housing requirements of this Chapter, as applicable to the particular
type of development, with actual housing units on-site or off-site. This shall be measured
either by total employees housed by the proposal, but in no case shall cash-in-lieu be used to
obtain points for this criterion.
Points for the Size of Affordable Housing Units.
One (I) point shall be assigned for each one (I) percent by which a proposed affordable
housing units exceed the minimum square footage requirements of the Aspen/Pitkin County
Housing Authority Guidelines. In no case shall cash-in-lieu be used to obtain points for this
criterion.
Minimum Threshold Requirement: Proposals with less than the minimum required
affordable housing requirement, as requirement pursuant to this Chapter according to the
particular type of development, shall receive a failing score for this criterion and shall be
denied by the Community Development Director. The minimum requirement may be a
combination of on-site units, off-site units, or cash-in-lieu thereof, as such methods are
permitted by this Chapter.
Table 26.470.1- Examples for scoring projects on Workforce Housing Criterion:
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 36
~!s~~>> .. . 'R.eq~ired .Proposetl . ...... Percentage Score for , ......
Dumbel'of DIlJDberof by which Criterion
.. employees employees to proposed #1
to be housed be housed by units exceed
by development the minimum
development with actual size
units reauirements
This project proposes to
house 3 more employees
Project A 12 15 0 25 than the 12 required.
3/12 = 25% = a score of
25.
This project proposes to
house the minimum
number of employees,
Project B 12 12 20 20 but with units than are
20% larger than required.
20% larger = a score of
20.
This project proposes to
house 4 more employees
than the 8 required. And,
Project C 8 12 15 65 the units are also 15%
larger than required. 4/8
= 50% + 15% = a score
of65.
This project proposes to
house one more
employees than the 5
Project D 5 6 30 50 required. And, the units
are also 30% larger than
required. 1/5 = 20% +
30% = a score of 50.
B. Community Obiective Scorin!! Criterion #2 - Enerl!V Conservation
The community desires development that minimizes its impact on the natural environment and to
maintain a leadership role in energy conservation and production strategies, efficient building
techniques, and use of materials. The Community Development Director shall assign a score to
each project for this objective based on following point schedule and the most recent version of
the Leadership in Energy and Environmental Design (LEED) standards of the US Green
Building Council:
Points for LEED Certified projects.
LEED Bronze level projects = 20 points.
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
, Page 37
LEED Silver level projects = 40 points.
LEED Gold level projects = 70 points.
LEED Platinum level projects = 100 points.
In order for proposals to obtain points for this criterion, an applicant must demonstrate credible
progress towards certification as determined sufficient by the Community Development Director.
It shall not be considered sufficient to merely state a certification level without evidence
supporting progress towards actual certification by the US Green Building Council.
In no event shall a project be relieved of the adopted energy efficiency requirements of the City
of Aspen that are applicable to all development projects.
26.470.130 Reconstruction Limitations
A. An applicant may propose to demolish and then delay the reconstruction of existing
development for a period not to exceed one (I) year. To comply with this limitation, and
maintain the reconstruction credit, an applicant must submit a complete building permit
application for reconstruction on or before the one-year anniversary of the issuance date of the
demolition permit. City Council may extend this deadline upon demonstration of good cause.
This time limitation shall not apply to the reconstruction of single-family and duplex
development.
B. Applicants shall verity existing conditions prior to demolition with the City of Aspen
Zoning Officer in order to document reconstruction rights. An applicant's failure to accurately
document existing conditions prior to demolition and verity reconstruction rights with the City of
Aspen Zoning Officer may result in a loss of some or all ofthe reconstruction rights.
C. Reconstructed buildings shall comply with applicable requirements of the Land Use
Code, including but not limited to Section 26.312, Nonconformities, and Section 26.710, Zone
Districts.
D. Reconstruction rights shall be limited to reconstruction on the same parcel or on a
adjacent parcel under the same ownership.
E. Residential redevelopment credits may be converted to lodge redevelopment credits by
the Community Development Director. The conversion rate shall be three (3) lodge units per
each one (I) residential unit.
26.470.140 Amendment of a Growth Management Development Order.
A. Insubstantial Amendment. An insubstantial amendment to an approved growth
management development order may be authorized by the Community Development Director if:
Ordinance No. 14, Series of 2007.
Growth Management - April 23'd
Page 38
L The change conforms to all other provisions of the Land Use Code and does not exceed
approved variations to the Residential Design Standards or Commercial Design Review,
as applicable.
2. The change does not alter the number, size, type or deed restriction of the proposed
affordable housing units or those changes have been accepted by the AspenIPitkin
County Housing Authority.
3. The change is limited to technical or engineering considerations discovered prior to or
during actual development that could not reasonably be anticipated during the review
process, or any other minor change that the Community Development Director finds has
no effect on the conditions and representations made during the original project review.
B. Substantial Amendment All other amendments to an approved growth management
development order shall be reviewed pursuant to the terms and procedures of this Chapter.
Allotments granted shall remain valid and applied to the amended application, provided the
amendment application is submitted prior to the expiration of vested rights. Amendment
applications requiring additional allotments, or allotments for different uses, shall obtain those
allotments pursuant to the procedures of this Chapter.
26.470.150 Appeals.
A. Appeals of Community Objectives Scoring. An applicant aggrieved by the Community
Objectives Score assigned to their project by the Community Development Director may appeal
the decision to the Planning and Zoning Commission, pursuant to the procedures and standards
of Section 26.316, Appeals. The Planning and Zoning Commission may uphold the scoring,
remand the scoring to the Community Development Director for rescoring with or without
direction on particular scores, or may choose to rescore the project. The Planning and Zoning
Commission decision shall be the final administrative action on the matter.
Upon appeal of any project's scoring, the Community Development Director shall not process
any application for growth management allotment within the same development category until
the appeal is concluded and the final review order is established.
B. Appeal of adverse determination by the Community Development Director. An
appeal made by an applicant aggrieved by a determination made by the Community
Development Director on an application for administrative review shall be to the Planning and
Zoning Commission. The appeal procedures set forth at Chapter 26.316 shall apply. The
Planning and Zoning Commission may reverse, affirm, or modify the decision or determination
of the Community Development Director based upon the application submitted to the
Community Development Director and the record established by the Director's review. The
decision of the Planning and Zoning Commission shall constitute the final administrative action
on the matter.
C. Appeal of adverse determination by the Planning and Zoning Commission. An
appeal made by an applicant aggrieved by a determination made by the Planning and Zoning
Ordinance No. 14, Series of2007. Page 39
Growth Management - April 23cd
Commission on an application for Planning and Zoning Commission Review shall be to the City
Council. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may
reverse, affirm, or modifY the decision or determination of the Planning and Zoning Commission
based upon the application submitted to the Planning and Zoning Commission and the record
established by the Commission's review. The decision of the City Council shall constitute the
final administrative action on the matter.
D. Insufficient Development Allotments. Any property owner within the City of Aspen
who is prevented from developing a property because that year's development allotments have
been entirely allocated may appeal to the City Council for development approval. An
application requesting allotments must first be denied due to lack of necessary allotments. The
appeal procedures set forth at Chapter 26.316 shall apply. City Council may take any such action
determined necessary including, but not limited to, making a one-time increase of the annual
development allotment sufficient to accommodate the application.
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any actiol1 or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof
Section 4:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 5:
A public hearing on the Ordinance shall be held on the 23rd day of April, 2007, at 5:00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 6:
This ordinance shall become effective thirty (30) days following final adoption.
Ordinance No. 14, Series of2007.
Growth Management - April 23'd
Page 40
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of April, 2007.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of -' 2007.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
Ordinance No. 14, Series of2007.
Growth Management - April 23 rd
Page 41
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