HomeMy WebLinkAboutagenda.council.regular.20090309CITY COUNCIL AGENDA
March 9, 2009
5:00 P.M.
Call to Order
II. Roll Call
III. Scheduled Public Appearances
a) Proclamation -Aspen Historical Society
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) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes -February 23, 2009
b) Resolution #15, 2009 -Extension Ordinance #48 Discussion - 219 S. Third
VII. First Reading of Ordinances
a) Ordinance #7, 2009 -Code Amendment -Bicycle Safety P.H. 4113
VIII. Public Hearings
a) Resolution #16, 2009 -Extension of Vested Rights - 920 West Hallam
b) Ordinance #2, 2009 - Buckhorn Lodge Deed Restriction
c) Ordinance #3, 2009 -Adopting Instant Runoff Voting Procedures
d) Ordinance #4, 2009 -Approving an SPA Amendment for Aspen Institute
IX. Action Items
a) Resolution #14, 2009 -Ballot Question -Sale of Former Youth Center to Aspen
Art Museum
X. Executive Session
XI. Adjournment
Next Regular Meeting March 23 2009
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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City f.~.syery Colorado
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WHEREAS, some 40 years ago, three prominent Aspen citizens, Herbert Bayer, Luke Short, and
Dorothy Koch Shaw, with appreciation for Aspen's rich history, and foresight for its future
established the Aspen Historical Society as the custodian of Aspen's historical record; and
WHEREAS, history is the collective consciousness of a community that connects the present to
both the future and the past, a sense of ancestors and descendants that may be unique to
humankind; and
WHEREAS, Aspen's history is the history of the characters, famous and not so, some good, kind
and generous and others less so who made a valley into a world renown resort that continues to
attract characters and attention from all over the world; and
WHEREAS; the traces of the procession of these characters can be experienced through the
tours of the places they left behind and shared in the lectures, presentations and artifacts
maintained by the Aspen Historical Society; and
WHEREAS, Aspen has been fortunate to have an extensive historical record that includes not
only local history but a perspective on world and national events including the mountain soldiers
of World War II, the silver boom and bust, and the birth of recreational ski tourism; and
WHEREAS, each generation discovers history anew and depends on its predecessor to keep
intact the stories and materials that comprise its view of history. The Aspen Historical Society is
a caretaker for those raw materials and narratives going back more than a century; and
WHEREAS, while history as we understand tt always changes, the need to know and understand
our past never does.
NOW, THEREFORE BE IT PROCLAIMED, that the Mayor, the City Council, and Citizens of
Aspen proclaim March 9 to March 13, 2009, as
Celebrate History Week
And invite all citizens and visitors to enjoy the many and varied Aspen Historical Society events
during this week and throughout the year.
ATTEST.• ~ By order of the City Council
Kathryn S. K ity Clerk this 9~` day of March 2009.
~ / f
VI b
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Amy Guthrie, Historic Preservation Officer n~
THRU: Chris Bendon, Community Development Director/ ~I^'~n
DATE: March 9, 2009 l~ll~'V,~
RE: Resolution #~ Series of 2009, Extending the 219 S. Third Street
"Ordinance #48" historic preservation negotiation
SUMMARY: In July 2007, Aspen
City Council adopted an emergency
ordinance, Ordinance #30, Series of
2007. That ordinance prohibited any
exterior alterations, land use
applications, or building permits
affecting all non-landmarked
buildings constructed at least 30
years ago, unless it was determined
that no potential historic resource
was negatively affected. The purpose
of the Ordinance was to protect
Aspen's significant architectural
heritage; not only Victorians, but
more modem structures as well.
Ordinance #30 was in place for 5 months, during which time Council held numerous
meetings to discuss the effect of the new regulations and potential amendments. In particular,
Council wished to see the applicability of the Ordinance narrowed down dramatically from
all properties over 30 years of age to a specific list researched by staff and found [o
potentially qualify for landmark designation. In December 2007, Ordinance #48, Series of
2007 was adopted to replace Ordinance #30.
Ordinance #48 creates a formal list of potential historic resources in Aspen that may have
historical, architectural, archaeological, engineering and cultural importance.
Detrimental development or demolition actions affecting these properties will be limited
while the City undertakes an evaluation of the historic preservation program via the HP
Task Force.
219 S. Third Street is identified on the List of Potential Historic Resources as part of
Ordinance #48. Owners of property listed on Ordinance #48 can still move forward with
proposed projects if they:
A. Submit the plans and seek staff determination that the work is exempt from delay
under Ordinance #48 (routine maintenance work for example); or
B. Submit plans and seek staff determination that the work, while not exempt from
Ordinance #48, can move forward by voluntazily complying with Staff or HPC
review (depending on the scope of work) of the project, or
C. Refuse the option for HPC review and submit plans with the intention of
triggering a 90 day delay period, during which time City Staff and Council will
negotiate for appropriate preservation of the property. If the negotiation does not
result in an agreement to landmark designate the property, the building permits
will be processed as requested.
The owner of 219 S. Third Street, YLP West, LLC, represented by Suzanne Foster, has
submitted an application for voluntary designation, Historic Landmark Lot Split, and
Conceptual design review. HPC reviewed the project, provided feedback, and continued
the discussion to March 11`h at the applicant's request. On March 11`h, Ms. Foster hopes
to receive HPC support, which she will bring into an Ordinance #48 negotiation of
incentives scheduled before City Council on May 1 I`h
The 90 day negotiation period for this project will expire on March 31, 2009. The
property owner requests an extension until May 31, 2009.
STAFF RECOMMENDATION: Staff recommends that Council approve an
extension of the time period to discuss voluntary historic designation with the owner of
219 S. Third Street to May 31, 2009.
RECOMMENDED MOTION: "I move to adopt Resolution #l5, Series of 2009,
approving approve an extension of the time period to discuss voluntary historic
designation with the owner of 219 S. Third Street under Ordinance #48, Series of 2007."
CITY MANAGER COMMENTS:
A RESOLUTION OF THE ASPEN CITY COUNCIL EXTENDING THE
ORDINANCE #48, SERIES OF 2007, NEGOTIATION FOR HISTORIC
DESIGNATION OF 219 S. THIRD STREET
Resolution No. ~ 5 ,Series of 2009
WHEREAS, 219 S. Third Street, portions of Lots O-S, Block 39, City and Townsite of
Aspen, Colorado, is subject to Ordinance #48, Series of 2007. This Ordinance identifies
potential historic resources and creates a review process for any proposed alterations.
The Ordinance also establishes a framework for City Council to negotiate with the
property owner to secure voluntary historic designation; and
WHEREAS, the owner of 219 S. Third Street, YLP West, LLC, represented by Suzanne
Foster, is in the process of said negotiation. The negotiation period was triggered by Ms.
Foster's application for alterations to the property. Ordinance #48, Series of 2007,
provides Council with a 90 day period to delay the issuance of permits while other
alternatives and preservation incentives are discussed. Council is to be provided with a
recommendation about the historic significance of the resource from the Historic
Preservation Commission; and
WHEREAS, at their regular meeting on January 28, 2009, the Historic Preservation
Commission discussed 219 S. Third Street and continued their review to Mazch 11, 2009;
and
WHEREAS, the 90 day negotiation period for 219 S. Third Street is to expire on Mazch
31, 2009; and
WHEREAS, at the request of the property owner, Council is asked to grant an extension
of the negotiation period for 219 S. Third Street to May 31, 2009; and
WHEREAS, staff and the property owner are in agreement that more time is needed, and
an extension is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
The negotiation period established by Ordinance #48, Series of 2007, as it affects the
property at 219 S. Third Street, is hereby extended to May 31, 2009.
APPROVED by the City Council at its regular meeting on March 9, 2009.
Approved as to form:
John Worcester, City Attorney
Attest: Mayor:
Kathryn Koch, City Clerk
Michael C. Ireland, Mayor
111Lemorandum
TO: Mayor and Members of Council
FROM: James R. True
DATE: March 2, 2009
RE: Code Amendment Regarding Section 24.12.060, Trail crossings, yielding, safe
speed, of the Aspen Municipal Code
Attached for your consideration and review is a proposed Ordinance which, if adopted, would
amend Section 24.12.060, Trail crossings, yielding, safe speed, of the Municipal Code. The Aspen
Police Department has recommended this amendment to address conflicts between trail users and
automobiles at private driveways and to conform the Aspen Municipal Code to rules that have
been adopted by the State of Colorado and provided to trail users throughout the state.
Last summer there were several conflicts between bicycles and automobiles on trails that cross
private driveways. The rules of the road set forth in Section 24.12.060, address trails crossing
roads but not driveways. Due to the number of trail and driveway crossings on improved City
trails, particularly along Cemetery Lane, the Police Department felt it was necessary to address
these crossings. This proposed amendment requires automobiles using private driveways that
cross trails, to yield to trail users.
Also, Section 24.12.060 conflicts with rules that have been produced and distributed by the State
of Colorado, regarding pedestrian and equestrian conflicts. This amendment conforms City rules
to State Rules.
Finally, this amendment repairs an incomplete phrase in the original ordinance and adds
"Skaters" to the language of the ordinance. Use of the trail system by skaters has increased
significantly since the ordinance was adopted in 1971.
Community Safety and Parks officials will be present at the public hearing to answer any
questions you might have regarding the proposed ordinance.
ACTION REQUESTED: A Motion to approve Ordinance No. ~, Series of 2009.
CITY MANAGER'S COMMENTS:
cc: City Manager
Aspen Chief of Police
ORDINANCE N0.
(Series of 20098)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 12.08 OF THE ASPEN MUNICIPAL
CODE, SOLID WASTE, WILDLIFE PROTECTION.
WHEREAS, the Aspen Municipal Code, Section 24.12.060, Trail crossings, yielding, safe
speed, sets forth rules for the use of trails by bicyclists, pedestrians and horse riders; and,
WHEREAS, this Section of the Aspen Municipal code states that trail users shall stop at
all roads and yield to automobile traffic. All trail commonly cross private driveways, nothing
sets forth the rules for such crossings. Changes to this section will address such conflicts; and,
WHEREAS, this Section of the Aspen Municipal code conflicts with certain rules and
information that have been produced by the State of Colorado for all trail users; and,
WHEREAS, this Section of the Aspen Municipal code, which was adopted in 1971 does
not address the use of trails in the City of Aspen by skaters, who have since become signifi-
cant users of the City's trail system; and,
WHEREAS, this Section of the Aspen Municipal code, which was adopted in 1971 has a
phrase that is incomplete and is confusing to the reader; and,
WHEREAS, the Community Safety Division of the Aspen Police Department believes
that it is in the best interest of the City of Aspen to conform its regulations to State laws in or-
der to avoid confusion by the public at large; and,
WHEREAS, the Community Safety Division of the Aspen Police Department believes
that the change itself will not create confusion within the City of Aspen and its citizen, as the
proposed rules are consistent with the generally accepted rules of trail use; and,
WHEREAS, the Community Safety Division ofthe Aspen Police Department believes
that the addition ofrules regarding the crossing ofprivate driveways will increase the safety of
trail users; and,
WHEREAS, the amendments to the Code are delineated as follows:
• Text being removed is delineated with strikethrough. '''°°''~°~~° ~°--~°°°'"°°''°
• Text being added is bold and underline. Text beine added looks like this.
• Text which is not highlighted is not affected; 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: The City Council hereby amends Section 24.12.060 of the Aspen Municipal
Code as follows:
Sec. 24.12.060. Trail crossings, yielding, safe speed.
Trail users shall stop at all roads and yield to any automobile traffic; unless the intersection
is posted otherwise. Trail users shall not be required to stop at each private driveway.
At such intersections, automobiles shall yield to trail users. Bicyclists, Skaters. Pe-
destrians and others shall yield to Equestrians. Bicyclists and Skaters shall yield to
Pedestrians. Bicyclists shall yield to Skaters. Downhill users yield to Uphill users.
Faster users yield to slower users.
,.i"`ciiarsii=d--liassirg-r3 area=:~.~=agar overt; ,'~~ .g. All users of trails shall obey any posted
warning, caution or other signs. Horses are restricted to the unpaved portions of trails
unless otherwise posted as provided by law. Users of the paved trails shall keep to the right
half of the pavement at all times. Cyclists, Skaters and Equestrians liersex3en shall travel
at a safe speed at all times.
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 3. Existing Litigation.
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.
Section 4. Notice
A public hearing on the ordinance was held on April 13, 2009, in the Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same
was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9`h day of March 2009.
ATTEST:
Kathryn Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 13`h day of April, 2009.
ATTEST:
Kathryn Koch, City Clerk
Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
Mayor Ireland and Aspen City Council
Errin Evans, Current Planner
Vllla,
7
Chris Bendon, Community Development Director ~`~~~(~/~
February 23~", 2009
March 9~h, 2009
RE: Unit B-1, Lot B Aspen Historic Cottages - 920 W Hallam
Street -Vested Rights Extension
Public Hearing of Resolution No. ~ ~ Series of 2009
SUMMARY:
The Applicant requests of the Council to
approve the extension of vested rights of
an approval to expand the sub grade space
and alter a breezeway on the site.
APPLICANT /OWNER:
Amy Guthrie and David Guthrie
REPRESENTATIVE:
Amy Guthrie and David Guthrie
CURRENT ZONING Rc USE
Located in the Medium-Density Residential (R-6)
zone district with a containing a single family
dwelling.
PROPOSED LAND USE:
The Applicant proposes to expand the sub grade
space below their miner's cottage and make
alterations to the breezeway. The structure is
designated as a historic structure on the Aspen
Inventory of Historic Landmark Sites and
Structures.
LOCATION:
920 W Hallam Street; Legal Description - STAFF RECOMMENDATION:
Pitkin County Center Unit B-1, Lot B Staff recommends that the Mayor and City Council
Aspen Historic Cottages; Parcel approve the request to extend vested rights to
Identification Number - 2735- 123-18-002 expand the sub grade space.
LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the
following land use approvals from the City Council:
Extension or Reinstatement of Vested Rights The City Council may by resolution at a
public hearing noticed by publication, mailing and posting (see section
26.304.060(E)(3)(a)(b)(c) approve an extension or reinstatement of expired vested rights
Revised 2/26/2009
Page 1 of 5
or a revoked development order in accordance with this section. City Council is the final
review authority who may approve or deny the proposal.
PROJECT SUMMARY:
The applicant has requested an extension of their vested rights for the project approved by
Resolution No. 2, Series of 2006, which allows for a Certificate of Approval from the Historic
Preservation Commission for Minor Development, Relocation, and a Variance for the property
located at 920 W Hallam Street (See Figure 1 for Vicinity Map).
The project consists of developing a basement addition under the garage and modifying the
existing breezeway connecting the house to the garage. The resolution vested the approval until
March 20, 2009. The applicant applied for a building permit and received approval to proceed
with the permit in 2007. At that time, their family circumstances changed, the applicant did not
proceed with construction and the house was listed for sale. The vested rights for the HPC
approval will expire soon and the applicant requests that the Council extend the approval for
three more years.
STAFF COMMENTS:
Vested Ri¢hts Extension:
The applicant is requesting an extension of their vested rights until March 20, 2012 pursuant to
Section 26308.010 C. of the Land Use Code.
Revised 2/26/2009
Page 2 of 5
Figure 1: Vicinity Map
The applicant is requesting the extension of the vested rights because they feel that "The
basement addition is a small amount of additional floor area (18 square feet) and that in their
opinion, it is a creative use of below grade space that leaves the 19`h century buildings and yard
area on the site unaffected." Staff feels that the addition is minor in nature and that if the
application was presented to the Historic Preservation Commission presently, the project would
again receive approval. Figure 2 shows the East Elevation drawing that represents the details of
the intended additions.
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Figure 2: East Elevation Drawing
RECOMMENDATION: While reviewing the proposal, staff believes that the application is
generally minor in nature and preserves the historic architectural integrity of the single family
dwelling. It does not substantially change the exterior of the building or yard areas on the site.
No changes have been made to the zoning or review process that would affect this proposal since
the original approval in 2006. Community Development Department staff recommends that the
City Council approve the request to extend the vested rights with the following condition:
That the establishment herein of a vested property right shall not
preclude the application or regulations which are general in nature and
are applicable to all property subject to the land use regulation by the
City of Aspen including, but not limited to, building, fire, plumbing,
electrical, and mechanical codes, and all adopted impact fees that are in
effect at the time of bui-ding permit, unless an exemption is granted in
writing.
Revised 2/26/2009
Page 3 of 5
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION: "I move to adopt Resolution No. V ~ ,Series of 2009."
ATTACHMENTS:
Exhibit A -Staff Findings
Exhibit B -Application
Revised 2/26/2009
Page 4 of 5
RESOLUTION NO. i ~/
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN
EXTENSION OF VESTED RIGHTS GRANTED BY RESOLUTION N0.2 OF 2006 BY THE
HISTORIC PRESERVATION COMMISSION FOR THE PROPOERTY COMMONLY
DESCRIBED AS 920 WEST HALLAM STREET, LEGALLY DESCIBED AS UNIT B-1, LOT
B, ASPEN HISTORIC COTTAGES, CITY OF ASPEN, PITKIN COUNTY, COLORADO
Parcel Identification Number 2735-123-18-002
WHEREAS, the Community Development Department received an application from Amy
Guthrie and David Guthrie, requesting a Vested Rights Extension for three yeazs pursuant to
Resolution No. 2, Series of 2006; and
WHEREAS, The Historic Preservation Commission adopted Resolution No. 2, Series of
2006, which approved a Minor Development application and awarded Vested Property Rights
status for an addition to the sub grade space and the breezeway until March 20~', 2009; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights on January 26`h, 2009 before the vested rights expired, this was approved via Resolution
No.2, Series of 2006; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights before the vested rights expired in 2009; and,
WHEREAS, pursuant to Section 26308.010 Vested Property Rights of the Land Use Code,
City Council may grant an extension of vested rights after a public hearing is held and a resolution
is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of an extension of vested rights for the 920 West Hallam Street Minor
Development under the Historic Preservation Commission; and
WHEREAS, the Aspen City Council has reviewed and considered the request of vested
rights for the 920 West Hallam Street Minor Development approval under the provisions of the
Municipal Code as identified herein, has reviewed and considered the recommendation of the
Community Development Director, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the extension of the vested rights proposal meets or
exceeds all applicable land use standazds and that the approval of the extension of vested rights with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the request for an extension of vested rights for Unit B-
1, Lot B, Aspen Historic Cottages until March 20, 2012 that were approved by Resolution No. 2,
Series of 2006 by the Historic Preservation Commission with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which are general in nature and are applicable to all
property subject to the land use regulation by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted
impact fees that aze in effect at the time of building permit, unless an exemption
granted in writing.
Section 2:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded, whether in public hearing or documentation presented before
the City Council, aze hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior resolutions.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
A public hearing on this resolution was held the day of , 2009, in the City
Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a
newspaper of general circulation within the City of Aspen.
FINALLY adopted, passed and approved this _ day of _, 2009 by a - vote.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
EXHIBIT A
26 440.050 Review Standards for development in a Specially Planned Area
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 condition requiring performance prior to the date of
application for extension or reinstatement;
To date, the applicant has completed the conditions of approval required for Resolution
2, Series of 2006. All conditions required by the City and the Historic Preservation
Commission have been performed. The conditions will still apply when the applicant
resubmits the building permit. 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;
The applicant submitted and received an approved building permit to complete the
proposed basement addition and the alterations to the breezeway. Parts of the Building
permit fees were refunded, but approximately $2000 were retained by the Building
Department for reviewing the application. New building permit fees will be collected
when the applicant resubmits the building permit. 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 dedications;
Not applicable. Staff finds this criterion to be met.
d. The needs of the City and the applicant would be served by the approval of the extension
or reinstatement request.
The miner's cottage located at 920 Hallam Street has significance as a historic resource.
Few alterations or additions have been made and the structure remains similar to when it
was constructed in 1888. The proposed additions to the basement and the breezeway
comply with HPC Guidelines and help to preserve the cottage. The approvals will allow
a future owner to complete the approvals and maintain the architectural integrity of the
structure. Stafffands this criterion to be met.
Revised 2/26/2009
Page 5 of 5
~(~{l~l~ (.~
January 19, 2009
Jennifer Phelan, Deputy Director
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: 920 West Hallam Street, Extension of Vested Rights
Deaz Jennifer;
In early 2006, the Aspen Historic Preservation Commission voted 4-0 in favor of
Resolution #2, Series of 2006, granting Minor Development approval to expand the
basement of our home at 920 West Hallam Street. The basement addition amounts to
very little FAR (18 squaze feet), and in our opinion is a creative use of below grade that
leaves the 190i century buildings and yard azea on the site unaffected. There will be no
squaze footage remaining for this house.
We received a building pernrit in 2007. At that time our family circumstances changed
and the basement was not constructed. The permit expired and the house has been listed
for sale. Vested rights for the HPC approval will lapse on Mazch 20, 2009, and to
preserve these rights, we request City Council approval fora 3 yeaz extension.
Criteria for Extension of Vested Rights aze stated in Section 26.304.060.E.3 of the
Municipal Code. In reviewing a request for the extension or reinstatement of vested
rights the City Council shall consider, but is 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;
Response: All conditions required by the City and HPC have been performed to date.
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;
Response: A building pemut was received, but we were unable to act on it before
expiration. A portion of the permit fees were refunded, but approximately $2,000 was
retained by the City for time spent reviewing the application.
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;
Response: N/A.
d. The needs of the city and the applicant that would be served by the approval of the
extension or reinstatement request.
Response: 920 W. Hallam is one of the only Victorian era miner's cottages left in Aspen
with no contemporary addition made to it. It is in a very prominent location and
successfully represents the small scale of our historic homes as people come and go from
town. The approved basement plans will ensure that the house will be appropriately
preserved into the future and we would like to see a future owner be able to act on them.
Thank you for your consideration of this application.
Sincerely,
,~ 0',1 (~'/~o
ATTACHMENT 2 -LAND USE APPLICATION
PROaECr:
Name: ~ In U v~ v ~v i
Location: ~~~ ~1,~'liv~ < (~ti ~ ~-' W ~ ~D ~
(Indicate street address, lot & lock number, a al descn ton wher a ro Hate)
Parcel ID # REQUIRED t~ L1 V
`p. 1, b. X135 - l23 -l -Q'~Z
APPLICANT:
Name: ~,,/1~ ~~V'lp ~ /`''~'~-~`~ ~~~V1~
Address: "I W U) 1'`a'1 \ at,~, 4' CXl/~ R yx. v i ~ v ~ ~~ v~-_
Phone#: `Z-l~'-O~~ ~`~ U 1~~~~
REPRESENTATIVE:
Name:
Address:
Phone #:
TYPE OF APPLICF
(please check
^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use
^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ TexdMap Amendment
^ Special Review ^ Subdivision ^ Conceptual SPA
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemp)ion (includes . ^ Final SPA (& SPA
Mazgin, Hallam Lake Bluff, condominiumizatic~isj Amendment)
Mountain View Plane
^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/
Expansion
^ Residential Design Variance ^ Lot Line Adjustment ~]- Othe1r. It 1C~,
it (~-~
a~~~~
^ Conditional Use =lt l
U
CONDITIONS: (description of
t~
l8/1 0~~ V'D ~.~ i to
Have you attached the following? FEES DUE: $
~] e-Application Conference Summary ~ vt0 ~VP~ _a~)
~Q Attachment #1, Signed Fee Agreement
] esponse to Attachment #3, Dimensional Requirements Form ~~~!1F~m~'
esponse to Attachment #4, S bm~l~Requirements- Including V1~j[~f#en Responses to Review Standards
] 3-D Model for lazge project ~vi ~ fill
All plans that are larger than S.5" 1 "must be folded. A disk with an electric copy of all written text
Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Aereement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) a~
(hereinafter APPLICANT) AGREE AS
LP
1. APPLICANT s submitted to CITY an a tcation for ' I ~ (
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the ~~ity of Aspen has an adopted 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 sine, natwe 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 Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
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 C[TY'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 $ which is for _ 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 abo~yeP including post approval review at a rate of $235.00
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.
CITY OF ASPEN APPLICANT
B,~~(~r~ Z-19.°344
Chris Bendon
Community Development Director Date: ~~
Number:
~r
r!
I II~III III~I IIIII~ IIIIII I9B III IIIII~I III ~IIII IIII IIII O 02~ 3D2®6 f 1 :58f
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MINOR DEVELOPMENT, RELOCATION AND
A VARIANCE FOR THE PROPERTY LOCATED AT 920 WEST HALLAM STREET,
UNIT B-I, AS SHOWN ON THE COMMON INTEREST PLANNED COMMUNITY
PLAT FOR LOT B, ASPEN HISTORIC COTTAGES
RESOLUTION NO.~, SERIES OF 2006
PARCEL ID: 2735-123-18-002
WHEREAS, the applicants, David and Amy Guthrie, represented by Gilbert Sanchez, have
requested a Certificate of Approval for Minor Development, Relocation, and a Variance for the
property located at 920 W. Hallam Street, legally known as Unit B-1, as shown on the common
interest planned community plat for Lot B, Aspen Historic Cottages; and
WHEREAS, Section 26.4I5.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Minor Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2
and 3 of the Municipal Code and other applicable code sections. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, in order to approve relocation, according to Section 26.415.090.0, Relocation of a
Designated Property, it must be determined that:
1. It is considered anon-contributing element of a historic district and its relocation will
not affect the character of the historic district; or
2. It does not contribute to the overall chazacier of the historic district or parcel on which
it is located and its relocation will not have an adverse impact on the historic district or
property; or
3. The owner has obtained a Certificate of Economic Hazdship; or
4. The relocation activity is demonstrated to be an acceptable preservation method given
the character and integrity of the building, structure or object and its move will not
adversely affect the integrity of the historic district in which it was originally located or
diminish the historic, azchitectural or aesthetic relationships of adjacent designated
properties; and
Additionally. for aonroval to relocate all of the followingcriteria must be met
1. It has been determined that the building, structure or object is capable of withstanding
the physical impacts of relocation; and
2. An appropriate receiving site has been identified; and
IIIIIIIIIBIIIIIIIIIIhIINIIII~IIIIIIIIIBIIIIIIIII00 9 3~200~13 58t
3. An acceptable plan has been submitted providing for the safe relocation, repair and
preservation of the building, structure or object including the provision of the necessary
fmancial security; and
WHEREAS, for approval of setback variances, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that the setback variance: ; ,.
a. Is similar to the pattern, features and character of the historic property or district; and/or
b. Enhances or mitigates an adverse impact to the historic significance or azchitectural chazacter
of the historic property, an adjoining designated historic property or historic district; and
WHEREAS, Jennifer Phelan, in her staff report dated February 8, 2006, performed an analysis
of the application based on the standards, found that the review standards and the "City of Aspen
Historic Preservation Design Guidelines have been met except for the variance review criteria,
and recommended approval of the Minor Development and Relocation with conditions; and
WHEREAS, at their regular meeting on February 8, 3006, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
"City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote
of 31 to D .
NOW, THEREFORE, BE IT RESOLVED:
That the HPC hereby grants approval for Minor Development, Relocation, and a Variance far 920
W. Hallam Street, Unit B-I, as shown on the common interest planned community plat for I,ot B,
Aspen Historic Cottages with the following conditions:
1. A report from a licensed engineer or architect demonstrating that the building (garage)
can be moved must be submitted with the building permit application if relocation is
necessary.
2. A bond or letter of credit in the amount of $15,000 to insure the safe relocation of the
structure must be submitted with the building permit application if relocation is
necessary.
3. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application if relocation
is necessary.
4. HPC hereby grants a rear yazd setback variance to allow the underground basement
addition to sit at the property line (zero foot setback). Absolutely no permanent
encroachment into the right-of--way shall be permitted.
APPROVED BY THE COMMISSION at its regular meeting on the 83h day of February,
2006.
App oved as o Fo{m:
David Hoefer, Asst an City Attorney
Ap rove s to Conte
TO C 1' SE CATION CO SIGN
Michael Ho rt ice-Chair
ATTES
Kathy Strickla d, Chief Deputy Clerk
VIII InII IIIIII IIIIII~III III IIIIIII IIl IIIII~II~ IIII 5 i~z ze 6 it :s6i
JPNICE K VOS CRUDILL PITKIN COUNTY 00 R 36.00 D 0.00
i}.
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three-year vested property right. The vested property right shall
expire on the day after the third anniversary of the effective date of this Order, unless a building
pernut is approved pursuant to Section 26.304.075, or unless an exemption, extension,
reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.OL0. After
Expirafion of vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject to any
amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Amy and David Guthrie 920 W Hallam Street Aspen CO 81611 Phone• (970)925-5521
Property Owner's Name, Mailing Address and telephone number
Unit B 1 as shown on the Common Interest Planned Community Plat for Lot B Aspen Historic
Cottages and commonly known as 920 W Hallam Street
Legal Description and Street Address of Subject Property
The applicant has received a Certificate of Aporoariateness for a Minor Development, Relocation apnroval.
and Variance anuroval to develop a basement addition under the garage and modify the existm¢
breezeway connecting the house and the garave
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Historic Preservation Commission Resolution No. 2 Series of 2006 2/8/06
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
March 19 2006
Effective Date of Development Order (Same as date of publication of notice of approval.)
March 20 2009
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 20`h day of March, 2006, by the City of Aspen Community Development
Chris Bendori, Community Development Director
ASPEN *PITKIN COMMUNITY DEVELOPMENT DEPARTMENT PERMIT APPLICATION
PITKIN COUNTY ^ CITY OF ASPEN ~ 2z3 . 2oora. ~,~, (~
130 South Galena 970 / 920-5526 970 / 920-509 General
Aspen, CO 81611 970 / 920-5532 Inspection Line 970 / 920-5448 Inspection Line PERMIT NO. permit
A licant to c°m lete numbered s aces onl .
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ENERGY CODE FEE ~ USE TAX CENSUS CODE G.LS. FEE
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CLASS OF ORK
7• ^ NEWADDITION ^ ALTERATION ^ REPAIR ^ *
1 $ I , I3 y"3 ,(
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USE OF BUILDING INGLE FAMILY ^MULTI-FAMILY
$ PLAN CHECK FEE
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11. Is there food service in this building ^ YES ~O size of sondlep yyyy
Trmms Dare ~ Ne. of S[anm
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12. Is LPG used? ^ YES NO NO.OF BEDROOMS Uae Zone
Flre Sprinklers Requlnd'1 ^Yes o
13. Parcel ID# call 920-5160 Z 3 j ~ Z~ ~ ~OZ °f1S1N° ADD _
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Henn Shlem Regllked7 ^Yee ~NO I
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Description of Work n
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14 Ne. ai Dwelling Units OFFSTREEr PARKING SPACES
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^ SPECIAL APPROVALS REQUIRED AUTHORIZFLO BY DATE I
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PARK DEDICATION
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PRESUBMRTAL APPLICATION ACCEPTED PLANS LHECKEO APP F ISBWNCE .
ENGINEERING
BY ~ BY BY B PARKS
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40~0
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TE GATE DATE DAT FIRE MARSHAL
NOTICE WATER TAP /l.,
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING ASPEN CONSOL SAN. GIST. (~,(~. - C~
OR AIR CONDITIONING.
MES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS
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OTHER
THIS PERMR BE
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NOT COMMENCED WITHIN 12 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED
OR ABANDONED FORA PERIOD OF 7B0 DAYS AT ANY TIME AFTER WORKIS COMMENCED.
PAYMENT OF PITKIN COUNTY USE TAX
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE MOMHLY OR QUARTERLY RETURNS WILL BE SUBMITTED.
SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOV-
ERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFlED HEREIN OR ^ DEPOSIT METHOD .5% OF 25% OF THE PERMR VALUATION PAID
NOT. THE GRANTING OF A PERMR GOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST
OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- BE FILED WTTH IN 90 DAYS OF SUBSTANTIAL COMPLETION OF
STRUCTION OR THE PERFORMANCE OF CONSTRUCTION. R IS MV RESPONSIBILnY TO WORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY.
~' REVIEW THE APPROVED PLANS ANO ANV COMMENTS THAT ARE CONTAINED THEREON
AND SEE THAT THE STRUC RE AND/OR PROJECT IS BUILT IN COMPLIANCE WITH ALL ^ EXEMPT. IXEMPT ORGANIZATION
APPLICABLE CODES
/ / ^ RESALE: STATE &PITKIN COUNTRY RESALE N0.
/ ED
.
THE DEPOSR METHOD WILL BE ASSUMED UNLESS OTHERWISE NOT
5 RE OF LOI CTOR (DATE)
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ANYONE WHO USES AND/OR CONSUMES BUILDING MATERIALS AND FIXTURES IN
PITKIN COUMY S SUB,IECTTO THE.S% USE TAX.
PRIM NAME q
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~~
~ PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE
y
!/) CONTRACTOR'S PROPERTY WHEN USE TAXIS NOT PAID
SIGNATURE OF OWNER QF OWNER BUILDER) NATEI ~
THIS FORM IS A PERMIT ONLY WHEN VALIDATED
Energy Code Fee Plan Check Fee Zoning Fee
WORK STARTED WITHOUT PERMIT WILL BE DOUBLE FEE
GIS Fee Permit Fee Use Taz DeposR Fee Other Fees
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Memorandum
TO: Mayor and Members of Council
FROM: James R. True
DATE: March 2, 2009
RE: Buckhorn Arms LLC
Attached for your consideration and review is a proposed Ordinance which, if adopted, would
substitute a 1983 obligation to record a deed restriction on the Buckhorn property with a
covenant that would require submission of the Buckhorn property to the PUD regulations should
any substantial change to the property be proposed. This proposed ordinance is submitted
pursuant to a compromise offered by applicant at the last Council meeting.
This matter came before Council pursuant to a Petition filed on November 20, 2008, by
representatives of The Buckhorn Arms LLC, tenants of the owner to release an obligation on the
part of the owner to file a deed restriction that limits the Floor Area Ratio on the property. The
obligation to file a deed restriction dates back to an ordinance passed by the City Council in
1983. That ordinance, Ordinance 27 (Series 1983), rezoned the property from Office to
Commercial Lodge (CL). However, the rezoning was conditioned upon the recording of a deed
restriction that provided an additional limitation on the floor area ratio. That deed restriction was
never recorded and the ordinance itself was not recorded. The petition of the present tenants on
the property, submitted by Mitch Haas for The Buckhorn Arms LLC, to release the restriction is
attached hereto. Attached to the petition is a copy of Ordinance 27 (Series 1983). These
documents set forth the terms of the deed restriction and the present restrictions contained in the
CL zone.
Planning staff reviewed the case files and record related to the Buckhorn Lodge. Staff was able to
go back to 1964 and track the history of zoning since then. The Zoning Map of 1964 indicates that
the parcel was zoned Commercial C-1. In 1974, the parcel was re-zoned to Office (O) as part of a
larger rezoning of town. This created anon-conformity on the Buckhorn Lodge parcel because the
building included commercial spaces and nine (9) lodge rooms, and lodge uses were non-
confirming in the Office zone district. The commercial space was conforming.
In 1981/1982, the City began efforts to preserve lodges in town, and created the Lodge Preservation
zone district (at the time this was L-3, it is now known as LP). Many properties in town were
rezoned to this L-3 district, but the Buckhorn Lodge decided not to rezone to the L-3 zone district
because it would have made the commercial uses on the property non-conforming (essentially
switching one non-conformity for another). Instead, in 1983, the owners Simon and Norma Kelly
submitted a request to rezone the property to the Commercial Lodge (CL) zone district.
Ordinance 27, Series of 1983 officially rezoned the properly to CL, with a limit on the FAR to 1:1
(the CL district permitted 2:1 at the time), and a requirement to retain parking. The FAR limit was
placed on the pazcel in response to concerns from the Planning and Zoning Commission that a 2:1
FAR would be out of chazacter with the surrounding properties.
In 1995, the owners requested a rezoning to C-1. The land use application from 1995 indicates the
owners intended to keep the commercial uses on the ground floor and convert the nine (9) second
floor lodge uses to office uses. That application was tabled and no official action appeazs to have
been taken on the application.
The attached ordinance would release the obligation on the part of the owner of the Buckhorn
Lodge property to file a deed restriction that limits the Floor Area Ratio on the properly and certain
pazking requirements and substitute those restriction for an obligation to process any substantial
change on the property to PUD regulations. Although it releases the previous obligation to record
the deed restriction, requires that the property be reviewed pursuant to PUD regulations. Planning
staff felt that this matter should be reviewed through a PUD process since a PUD would establish
dimensional requirements for the property and consider parking and other relevant matters. The
decision to adopt this ordinance is entirely within the discretion of the Council. However, staff
supports the present compromise.
One final note, at first reading Council inquired as to whether there would be any precedential
affect of releasing the deed restriction. As I noted above, the applicant is not taking the position
that the limits that would be set by the recorded deed restriction aze not in place. Whether or not it
has been recorded, the decision to release the deed restriction or the limit created by obligation to
record the deed restriction is totally discretionary. If Council feels that it is appropriate to lift the
deed restriction and substitute it with this covenant, it is for reasons other than the fact that the
original deed restriction was not recorded.
ACTION REQUESTED: A Motion to approve Ordinance No. ~ ,Series of 2009.
CITY MANAGER'S COMMENTS:
cc: City Manager
Community Development
z
ORDINANCE N0. o_~i
(SERIES OF 2009)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL RELEASING
OBLIGATION TO ENTER A DEED RESTRICTION REGARDING FLOOR AREA
RATIO RESTRICTIONS ON THE EASTERLY 9.27 FEET OF LOT Q, ALL OF
LOTS R & S, BLOCK 105 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
WHEREAS, pursuant to Ordinance 27 (Series of 1983), the Aspen City Council
approved an application to rezone the following described property from "O" (Office) to
"CL" (Commercial Lodge):
THE EASTERLY 9.27 FEET OF LOT Q, ALL OF LOTS R & S, BLOCK
105 CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO
and,
WHEREAS, the owner of the property above-described, as an inducement to the
City Council to grant his rezoning application voluntarily agreed to maintain a 1 to 1
external floor area ratio on the site and also agreed to certain parking requirements; and,
WHEREAS, as a condition of the approval the owner of the property was to
prepare and record a deed restriction approved by the City Attorney; and,
WHEREAS, the owner never recorded such deed restriction; and,
WHEREAS, the "O" (Office) zone is now known as Mixed Use; and
WHEREAS, the CL zone district in its present status is an appropriate zone
designation for this property; and,
WHEREAS, the circumstances which led to the requirement of the deed
restriction are no longer applicable; and,
WHEREAS, the City Council finds that the proposed release of the obligation of
the owner to provide a deed restriction 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
The Aspen City Council hereby adopts the terms of the of the Covenant Agreement in
Association With Aspen City Council Ordinance No. 2 (Series Of 2009), attached hereto
as Exhibit 1 and directs the Mayor and staff to execute such agreement.
Page 1
Section 2:
Pursuant to its terms, upon the full execution and recordation of such agreement, the
obligation of the Owner to prepare and record a deed restriction on the property regazding
the external floor area ratio and parking requirements shall be released.
Section 3:
All material representations and commitments made by the Applicant pursuant to the
approvals as herein awarded, whether in public hearing or documentation presented before
the City Council, are hereby incorporated in such approvals and the same shall be complied
with as if fully set forth herein, unless amended by an authorized entity.
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 of the 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. A public hearing on this Ordinance will be held on the 9`h day of March 2009 in
the City Council Chambers, 130 South Galena Street, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 23rd day of February 2009.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 9`s day of Mazch, 2009.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
Page 2
COVENANT AGREEMENT IN ASSOCIATION WITH ASPEN CITY COUNCIL
ORDINANCE NO. 2 (SERIES OF 2009)
THIS COVENANT AGREEMENT IN ASSOCIATION WITH ASPEN CITY
COUNCIL ORDINANCE NO. 2 (SERIES OF 2009) (this "Agreement") is made as of
2009, by THE SINION P. KELLY TRUST dated January 4, 1993 and THE
NORA D. KELLY TRUST dated January 4, 1993 (together, the "Owner") THE BUCKHORN
ARMS, LLC, a Colorado limited liability company (the "Ground Lessee"), and the CITY OF
ASPEN, a Colorado homerule municipality (the "City").
RECITALS:
WHEREAS, the Owner owns that certain land legally described as the Easterly 9.27 feet
of Lot Q, and all of Lots R and S, Block 105, City and Townsite of Aspen, Pitkin County,
Colorado (the "Property"); and
WHEREAS, the Owner has leased the Property to the Ground Lessee pursuant to the
terms of that certain Net Ground Lease dated as of March 13, 2000 (the "Ground Lease"), a short
form of which was recorded on March 13, 2000 at Reception No. 441336 in the real property
records maintained by the Clerk and Recorder of Pitkin County, Colorado (the "Records"); and
by virtue of such Net Ground Lease and a General Warranty Deed recorded in the Records on
March 13, 2000 at Reception No. 441334, the Ground Lessee is also the owner of the building
and other improvement located on the Property; and
WHEREAS, the Property was rezoned from Office ("O") to Commercial Lodge ("CL")
with the City's adoption of Ordinance No. 27 (Series of 1983) on condition that the Owner
restrict the external floor area ratio for development on the Property to a maximum of 1:1 and
retain the present number of legal parking spaces, which restriction was to be evidenced by a
deed restriction approved as to form by the City Attorney and recorded by Owner (collectively,
the "Existing Condition"); and
WHEREAS, pursuant to City Council Ordinance No. 2 (Series of 2009) (the
"Ordinance"), the City has agreed to release the Existing Condition on the condition that the
Owner and the Ground Lessee voluntarily agree to replace the Existing Condition by executing
this Agreement and delivering it to the City for recording in the Records.
NOW, THEREFORE, in consideration of the terms, provisions, covenants and
agreements contained herein, the parties agree as follows:
1. Release of Existing Condition. The City agrees that the Existing Condition is
released and shall no longer have any application to the Property.
2. New Covenant and Restriction. From the date of this Agreement forward, the
Property shall be subject to the City of Aspen planned unit development regulations codified in
Section 26.445 of the Aspen Municipal Code, as they may be amended from time to time (the
"PUD Regulations"). Pursuant to Section 26.445.100.0 of the PUD Regulations, an accurate
improvements survey of the existing conditions of the Property shall be deemed a PUD Plan for
N804I6.2
the Property for purposes of evaluating whether any proposed changes to the Property constitute
an insubstantial or other amendment under the terms of the PUD Regulations.
At such time as the Owner and/or Ground Lessee apply for a substantial PUD amendment
("Final PUD Plan") and such is approved for the Property: 1) the Final PUD Plan shall be recorded
in the Records pursuant to and in accordance with the provisions of Section 26.445.070 of the PUD
Regulations; 2) Owner and Ground Lessee shall file in the Records a Notice of PUD Designation
pursuant to Section 26.445.080 of the PUD Regulations; 3) the Community Development Director
of the City shall, per Section 26.445.090 of the PUD Regulations, amend the City's Official Zone
District Map to show a Planned Unit Development (PUD) designation on the Property; and 4) this
covenant contained in this Section 2 shall no longer be necessary and shall be released by the City.
Acknowledging that Ground Lessee has the right to improve, develop and alter the Property
and the improvements thereon pursuant to the Ground Lease, Owner hereby agrees that Ground
Lessee has Owner's consent to process any land use applications regarding the Property (including
without limitation those under the PUD Regulations), and Owner agrees to join in any such
applications as may be necessary.
3. Recording. This Agreement shall be recorded in the Records. The Ground
Lessee shall pay the required recording fees, but the City will execute the recordation.
4. Binding Effect. This Agreement shall run with the Property and shall be binding
on and inure to the benefit of the Owner, the Ground Lessee, the City, and their respective
successors and assigns. If the Ground Lessee purchases the Owner's interest in the Property,
then the rights and obligations of the Owner under this Agreement shall merge into those of the
Ground Lessee and the Ground Lessee shall be the successor to the Owner for all purposes under
this Agreement.
5. Amendment. This Agreement be amended only by written instrument executed
by the Owner, the Ground Lessee and the City, or their respective successors or assigns.
6. Severability. If any provision of this Agreement is determined to be invalid, it
shall not affect the remaining provisions hereof.
7. Enforcement. The parties hereby agree that in any adjudicated controversy
concerning this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorneys' fees. Failure to enforce this Agreement does not constitute a waiver of any rights to
commence enforcement.
EXECUTED AND AGREED TO by the parties as of the date first given above.
[remainder of page intentionally blank; signature pages follow]
888240?- 2
8886161
CITY:
CITY OF ASPEN, a Colorado homerule municipality
By:
Michael C. Ireland, Mayor
WITNESSED:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
uoQ~r
868416.2
OWNER:
THE SIMON P. KELLY TRUST dated January 4, 1993
By:
Simon P. Kelly, Trustee
THE NORA D. KELLY TRUST dated January 4, 1993
By:
Nora D. Kelly, Trustee
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2009, by Simon P. Kelly as Trustee of The Simon P. Kelly Trust dated January 4, 1993.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2009, by Nora D. Kelly as Trustee of The Nora D. Kelly Trust dated January 4, 1993.
Witness my hand and official seal.
My commission expires:
Notary Public
88S'249-~- 4
88%4]6.2
GROUND LESSEE:
THE BUCKHORN ARMS, LLC, a
Colorado limited liability company
By:
By:
By:
John Hoffinan III, Manager
Terrance McGuire, Manager
Mark Campisi, Manager
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ,
2009, by as Manager of The Buckhorn Arms, LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
STATE OF )
)ss.
COUNTY OF )
Notary Public
The foregoing instrument was acknowledged before me this _ day of ,
2009, by as Manager of The Buckhorn Arms, LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
8R~~40_~_ 5
888<)62
STATE OF )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of ,
2009, by as Manager of The Buckhorn Arms, LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
Qve~~
888<)6.2
v~~~c
MEMORANDUM
TO: Mayor and City Council
FROM: Kathryn Koch, City Clerk
DATE: March 2, 2009
RE: Ordinance #3, Series of 2009, Instant Runoff Voting
REQUEST OF COUNCIL: Staff requests Council adopt Ordinances #3, Series of
2009, adopting Instant Runoff Voting Procedures on second reading.
PREVIOUS COUNCIL ACTION: Council adopted Ordinance #3, Series of 2009, on
first reading at the February 9`h, 2009, Council meeting after Council discussion and
comments from the public. Council's direction was to come back with procedures for
tabulating the one-vote sequential and the two-vote batch elimination.
On February 18`h, staff held a demonstration of the two methods using ballots,
putting these ballots in piles according to the voter's ls` choice, eliminating the lowest
vote getter, moving those ballots to the 2"d choice, etc., to get to 50% plus 1 for Council
candidates. Staff had large tally sheets showing how the one-vote sequential tallied
through electing two Council seats. Staff also had a large tally sheet showing how the
two-vote batch elimination tallied, without actually moving the paper ballots. In each of
these tallies, it was pointed out how the ls` ranked vote numbers remained the same in
round two of one-vote sequential and in the first round of two-vote batch elimination.
There were questions and comments from the public about these methods, one of which
pointed out batch elimination could eliminate a candidate who may have eventually won
one of the two seats.
Staff rewrote the instant runoff voting procedures to include both methods of
tabulating Council races.
At the February 23 Council meeting, Council continued adoption of Ordinance #3
to March 9`h for the task force to meet again and for more public input. The task force
met Friday, February 27`h. Task force members present Jack Johnson, John Worcester,
Jim True, Pam Schilling, Blanca O'Leary, Su Lum, Barry Crook, Pamela Cunningham
and Kathryn Koch. John Worcester and Jim True stated they would participate in the
discussion but not vote on the outcome; Jack Johnson stated the same.
After two hours of discussion among the task force and public input, a vote was
taken breaking the votes into:
METHOD COMMITTEE PUBLIC VOTE
VOTE
One vote Lum, Schillin 3
Two vote O'Leazy, Crook, 3
Cunningham, Koch
METHOD COMMITTEE PUBLIC VOTE
VOTE
Batch Elimination 0 p
Sequential All All
Elimination
Since a two vote, sequential elimination method was not an initial alternative, additional
comments were taken on the evaluation of this method. Given public and staff comments
regarding issues that could occur with this method, staff presented another alternative, on
that was a modification of an alternative submitted by Fair Vote.
This method is described as follows:
All voters rank their candidates as with all of the methods. An initial threshold, as
defined by the manual, is determined by the Clerk. All first and second rankings are
counted. The two candidates with the most total votes who have reached the threshold
are elected.
If one candidate reaches the threshold that candidate is elected and the next two highest
vote getters enter the instant runoff. The ballots are recounted with the highest ranking
for the candidate still remaining counted as one vote for that candidate. If no candidate
receives the threshold in the initial tabulation, then the four highest vote getters enter the
instant runoff. In this instant runoff, the highest ranking for a candidate who still
continues is counted as a vote for that candidate. The candidate who receives the fewest
votes shall be eliminated. The votes for the eliminated candidate are reassigned so that
the highest ranking for a candidate continuing is counted as one vote for that candidate.
This counting method continues until there are two candidates. All votes are counted
giving the highest ranking for one of the two candidates remaining as a vote for that
candidate. The candidate with the most votes is elected to one council seat.
The tabulation continues for the election of the second city council seat. In this round,
the three candidates who initially made the instant runoff but who were not elected in the
first round of the instant runoff shall continue into this round. In this round, each ballot is
recounted, the highest ranking for a candidate who is continuing shall be counted as a
vote for that candidate. The candidate with the fewest votes shall be eliminated. All
votes are recounted, with the highest ranking for a candidate who is continuing counted
as a vote for that candidate. Since there are two candidates remaining, the candidate who
receives the most votes cast in this final round shall be deemed the winner of the second
council seat.
This method assures that everyone has two votes counted. If that count does not elect a
winner or winners, then this method assures that in subsequent counting one's low
ranking would not count against his or her higher ranked candidate. This method was
accepted by the Committee as its final preference by a vote of 4 to 2.
The procedure manual is also being amended to adopt recount procedures to allow for a
hand counted recount if warranted. State statute mandates a recount at '/z of 1 % of the
difference between the top two vote getters. Staff is recommending a requirement that
this recount occur if there is 3% difference.
RECOMMENDATION: Staff recommends that the Council adopt Ordinance #3,
Series of 2009, on second reading adopting for the rest of time as the "True
Method".
ORDINANCE NO. 3
Series of 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 2 OF THE ASPEN MUNICIPAL CODE BY
THE ADOPTION OF A NEW CHAPTER 2.26, INSTANT RUNOFF VOTING
PROCEDURES.
WHEREAS, Article XX, Section 6(d) of the Colorado State Constitution grants
to Home Rule municipalities the power to legislate in "all matters pertaining to municipal
elections;" and
WHEREAS, on September 4, 2007, the City Council adopted Ordinance No. 38,
Series of 2007, to amend Sections 2.7 and 3.2 of the Aspen City Home Rule Charter to
require the City Council to adopt and implement instant run-off voting procedures for the
election of Mayor and members of Council, and to require members of Council to be
elected by majority vote; and
WHEREAS, on November 6, 2007, the electorate of the City of Aspen did
approve Ordinance No. 38, Series of 2007; and
WHEREAS, the City Clerk has met with a number of citizens of the City of
Aspen for the purpose of formulating instant run-off voting procedures and said
committee of citizens has recommended the adoption of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1.
Title 2 of the Aspen Municipal Code is hereby amended by the addition of a new
Chapter 2.26, Instant Runoff Voting Procedures, which Chapter shall read as follows:
Chapter 2.26
INSTANT RUNOFF VOTING PROCEDURES
Sec. 2.26.010 Applicability.
This Chapter shall apply to all elections conducted using instant runoff voting to elect the
Mayor and Councilmembers. All other provisions of the Colorado Municipal Election
Code, Sections 31-10-101, et seq., C.R.S., and Section 1-7-1003, C.R.S., shall apply to
the extent they are not inconsistent with this Chapter.
Sec. 2.26.020 Definitions.
(a) Instant runoff voting -means ranked voting for single and multiple winner
contests. Instant runoff voting simulates a series of runoff elections in a single election. In
each round of "instant runoff," the last place candidates with no chance of winning are
eliminated. Voters for those candidates have their ballots count towards their next choice
in the following round.
(b) Ciry Clerk -means the City Clerk of the City of Aspen or his or her designee.
Sec. 2.26.030 Adoption of a Procedure Manual.
A "City of Aspen -Instant Runoff Voting Procedures Manual," appended as Exhibit A to
this ordinance, is hereby adopted to implement procedures for instant runoff and choice
voting elections consistent with the requirements of this Chapter. The Procedural Manual
shall incorporate, to the extent not incompatible with this Chapter, the rules set forth in
the latest version of the "Election Rules of the Colorado Secretary of State." Three (3)
copies of the Procedure Manual, all certified to be true copies by the Mayor, and three (3)
copies of the "Election Rules of the Colorado Secretazy of State" shall be on file with the
City Clerk and shall be open for public inspection in his or her office at City Hall, any
weekday between the hours of 9:00 a.m. and 5:00 p.m.
Sec. 2.26.040 Amendments to the Procedure Manual.
The Procedures Manual may be amended from time to time by the City Clerk upon the
passage of a resolution by the City Council evidencing its approval and the conduct of a
public hearing.
Sec. 2.26.050 Voting Tabulation Center.
The City Clerk shall designate one location within the City of Aspen to serve as the
Voting Tabulation Center prior to each election. The center shall be reasonably
accessible to the public for the purpose of observing the vote tabulation. At a minimum,
the City Clerk shall arrange the counting of ballots so that the candidates and their
representatives may observe the ballots as they are counted. The City Clerk shall ensure
that public observation does not interfere with the counting of the ballots. Tabulation of
votes shall be conducted as described in this Chapter and the Procedure Manual
referenced in Section 2.26.030.
Sec. 2.26.060 Tabulation of Votes.
The City Clerk shall conduct the tabulation of votes as required by this Chapter as soon
as possible after the close of the polls. The City Clerk may adjourn the tabulation of votes
at any time he or she believes in his or her sole discretion a need to recess the tabulation
of votes, including a recess over night. No single recess period called by the City Clerk
shall extend beyond 12 continuous hours. At any time the tabulation of votes is
discontinued for a recess period, all ballots shall be safely secured in a combination safe.
The Procedures Manual referenced at Section 2.26.030 shall include provisions to ensure
the safekeeping of ballots during all recess periods.
Sec. 2.26.070 Reporting Results.
A. The City Clerk shall issue the following reports:
(i) A summary report listing the total number of votes for each candidate in
each round;
(ii) A ballot image report listing for each ballot the order in which the elector
ranked the candidates, the precinct of the ballot, and whether the ballot is a
mail-in ballot or early voting ballot; and
(iii) A comprehensive report listing the results in the summary report by
precinct.
B. The City Clerk maybe required to establish additional requirements for the reports
issued pursuant to this Section as set forth in the Procedure Manual referenced in
Section 2.26.030.
C. Preliminary versions of the summary report and ballot image report shall be made
available to the public as soon as possible after the commencement of the official
tabulation of votes.
Sec. 2.26.080 Voter Education.
The City Clerk shall conduct an education and outreach campaign prior to each election
to familiarize electors with ranked choice voting.
Section 2:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
A public hearing on the ordinance shall be held on the 23ro day of Febmary_, 2009 in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 9`h day of February_ 2009.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY ADOPTED and ordered published this day of
2009.
Attest:
Michael C. Ireland, Mayor
Kathryn S. Koch, City Clerk
City of Aspen
Instant Runoff Voting Procedures Manual
City Clerk's Office
City of Aspen
130 S. Galena St.
Aspen, Colorado 81611
March 2009
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MAYOR'S CERTIFICATION
I, the undersigned, as Mayor of the City of Aspen, pursuant to Section 2.26.030, of the Aspen
Municipal Code, do hereby certify that this "Instant Runoff Procedures Manual" (version: March
2009) is a true and correct copy of the latest version of said Manual reviewed and approved by
the City Council by Ordinance No. 3, Series of 2009.
Dated this _ day of
By:
Mayor, City of Aspen
Attest
City Clerk of the City of Aspen
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1 Introduction
1.1 Background
On September 4, 2007, the City Council adopted Ordinance No. 38, Series of 2007, amending
Sections 2.7 and 3.2 of the Aspen City Home Rule Charter to require the City Council to adopt
and implement instant runoff voting procedures for the election of Mayor and
Councilmembers, and to require Councilmembers to be elected by majority vote. On November
6, 2007, the electorate of the City of Aspen did approve Ordinance No. 38, Series of 2007. On
March 9, 2009, the City Council did adopt Ordinance No. 3, Series of 2009, for the adoption of a
new Chapter 2.26 of the Aspen Municipal Code establishing procedures for the conduct of
instant runoff voting elections. That ordinance requires that the City Clerk adopt a Procedural
Manual to guide the conduct of instant runoff voting elections. The City Clerk has met with a
number of citizens of the City of Aspen for the purpose of formulating instant runoff voting
procedures and said committee of citizens has assisted in the development of this manual of
procedural guidelines for conducting elections using instant runoff voting methods for the
election of Mayor and Councilmembers for the City of Aspen.
1.2 Instant Runoff Voting
Instant runoff voting (IRV) is used for both single and multiple seat contests. In Aspen, IRV is
used to select the office of Mayor and Councilmembers. IRV is a majoritarian voting method
because, in the end, over 50% of participating voters elect the winner. IRV simulates a series of
runoff elections in a single election.
1.3 Voter Intent
The City of Aspen hereby adopts and incorporates herein the "Voter Intent - A Guide to the
Determination of Voter Intent for Colorado Elections" (2008), adopted by the Colorado
Secretary of State (hereinafter "State Voter Intent Guide"), attached hereto as Attachment 3.
2 Definitions
In addition to the definitions set forth in the State Voter Intent Guide, Attachment 3, the
following definitions shall apply to this document:
Blank ballot - means a ballot that cast no vote for a candidate.
City Clerk- means the City Clerk of the City of Aspen or his or her designee.
Continuing candidate - means a candidate who has not been eliminated.
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Damaged ballot - means a ballot that has been torn, bent, or otherwise mutilated or
rendered unreadable, so that it cannot be processed by an optical scanner ballot reader.
Duplicated ballot - means a true copy of a ballot that is made in order to be properly
processed and counted due to damage, improper marking or some other reason which
would prevent a ballot tabulating machine from accurately reading the ballot (if such a
machine is used.)
Defective ranking -occurs when more than one candidate is given the same ranking.
(See "Defective Ranking", Attachment 1.)
Duplicate ranking -describes the process by which a voter ranks the same candidate at
multiple rankings. (See "Duplicate Ranking', Attachment 1.)
Exhausted ballot- means a ballot that contains a duplicate ranking or a defective
ranking, at the point of the duplication or defect and thereafter. Exhausted ballot shall
also include a ballot that contains no ranking for a continuing candidate. (See, also,
"Undervote", Attachment 1.)
Final Round of Tabulation -means the Round that results in the election of the Mayor
or a Council Member.
Majority - as used in the mayoral election, means the next whole number greater than
fifty percent (SO%) of the votes cast.
Overvote - describes a race or ballot which contains votes for more than the maximum
number of candidates or responses for a ballot measure allowed. (See "Overvote',
Attachment 1.)
Ranking -means the specific preference expressed by the voter for a particular
candidate. Rankings are set forth in columns from first choice to last choice.
Tabulation center -means the place selected where a central count electronic voting
system is used for the automatic or hand processing and tabulation of ballots.
Ranked-choice voting - means a method of casting and tabulating votes that allows
electors to rank candidates for an office in order of preference and uses these
preferences to determine the winner of the election.
Round - means a stage of the tabulation of a ranked voting contest in which votes may
be counted, and candidates elected or eliminated.
Skipped ranking -describes the process by which a voter leaves a ranking blank and
ranks a candidate at a subsequent ranking. (See "Skipped Ranking", Attachment 1.)
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Threshold -means the minimum number of votes that a candidate must receive in
order to be elected to the City Council. The threshold is calculated by counting the
number of ballots in which a vote is cast for a continuing candidate for City Council, then
dividing that total by two. If that number is a whole number, then one is added to
determine the threshold. If that number is a fraction, the threshold is the next whole
number.
Undervote -means the occurrence when the voter does not vote for a candidate in a
race, or for or against a ballot measure, or, when more than one person in a race is
available, the voter does not vote the maximum number of votes allowed.
Vote Cast- means a ranking of a candidate that is counted as a vote for that candidate.
Write-in Vote - means a vote on a ballot on which the voter physically writes in the
name of a legally qualified write-in candidate in the space reserved on the ballot for
write-in votes and properly marks the oval or connects the arrow on optical scan ballots
according to the directions provided to the voter.
3 Ballots
3.1 Ballot Format
Ballots shall be designed to allow a voter to rank as many choices as there are candidates.
However, if the voting system that is employed cannot accommodate a number of rankings
equal to the number of candidates, the Clerk may limit the number of choices a voter may rank
to the maximum number allowed by the voting system; except the number of choices shall not
be less than six.
Ballots shall be designed to allow the voter to rank no fewer than two write-in candidates.
3.2 Ballot Instructions
For IRV elections, all ballots shall include instructions to voters that substantially instruct
the voters as follows:
INSTRUCTIONS:
Mark you 15S choice in the 1~` column completely like this o fill in the ^
To indicate a 2"d choice, select a different candidate in the 2nd column.
To indicate a 3`d choice, select a different candidate in the 3`d column, etc.
a. Rank candidates in order of preference
b. You may rank as few candidates as you wish or as many as are allowed
c. Do not skip rankings and only one choice oer column and one choice per row
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d. With a black ball point pen or marking device, completely fill in the o like this ^
e. You may write in a candidate by filling in the o and writing the name on the Write In line
3.3 Uniformity across ballot types
If more than one type of voting equipment or ballot will be used in a ranked voting contest, all
equipment and ballot types used shall provide substantially similar instructions and shall allow
voters to rank the same number of candidates and write-ins.
4 General Tabulation Provisions
4.1 Determination of winners
To determine the winners of a ranked voting contest, the tabulation method of Section 5 or
Section 6 shall be used, depending on whether the number of seats to fill is one or more than
one, respectively.
4.2 Summary reports
The City Clerk shall issue the following reports as soon as feasible:
(i) A summary report listing the total number of votes for each candidate, the
number of blank ballots and the number of exhausted ballots in each round;
(ii) A comprehensive report listing the results in the summary report by precinct.
Preliminary versions of the summary report shall be made available to the public as soon as
possible after the commencement of the official tabulation of votes. Preliminary reports shall
be clearly marked as "Preliminary."
4.3 Publicizing tabulation procedures
In advance of the election, the City Clerk shall conduct an education and outreach campaign
prior to each election to familiarize electors with ranked choice voting. The education and
outreach program shall include sample ballots.
5 Instant Runoff Votine (Ranked Choice) - Mavor
5.1 Overview
Instant Runoff voting for Mayor is a majoritarian voting method using ranked choice voting
designed to accommodate more than two candidates seeking the office of the Mayor. Each
voter may rank candidates by preference from first choice to last choice. Votes are tabulated
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until one candidate has a majority of the votes cast. That candidate shall be declared the
winner.
It should be noted that as in any election there is a mathematical possibility, albeit slight, that
voting could be completed following all rounds of voting with two or more candidates tied
without achieving a majority. A tie break system that is consistent with Colorado State Statute
is set forth herein.
5.2 Tabulation of Votes
5.2.1. Round One. Initial Tabulation of Votes
In the initial ballot tabulation, each voter's first choice ranking shall be counted as a vote cast
for that candidate. If a candidate receives a majority of all of the votes cast, as tabulated in this
Round One, then that candidate shall be declared the winner.
In the event that no candidate receives a majority of the votes cast, as tabulated in this Round
One, then the instant runoff procedure set forth below shall be commenced.
5.2.2 Commencement Of Instant Runoff Vote
Round Two
In the event that no candidate receives a majority of the total of the votes cast, then the
candidate who receives the fewest votes tabulated in Round One shall be eliminated. All
ballots are then recounted with the highest ranking for a continuing candidate counted as one
vote for that candidate. This tabulation shall continue in subsequent rounds until one
candidate receives a majority of the votes cast.
In the event of a tie between or among the candidates who have received the fewest number
of votes, then the tie-breaker system set forth in Section 5.3, below shall be employed. The
loser of the tie-breaker shall be eliminated and the tabulation shall continue.
5.3 Determination of Tie Votes
In the event that a tie exists at any level of the proceeding that would prevent moving forward
without a resolution of the tie, the tie shall be resolved pursuant to this section.
The first tie-breaker shall be based upon the number of first choice rankings, with the candidate
with the largest number of first choice rankings being determined the winner of the tie breaker.
In the event that number shall be tied, then the winner shall be determined by lot pursuant to
Colorado State Statute.
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6 Instant Runoff Votine (Ranked Choice) -City Council
6.1 Overview
Instant Runoff voting for City Council is also a majoritarian voting method using ranked choice
voting designed to accommodate multiple candidates seeking two open seats. If necessary, the
ballots are counted in a series of rounds. Each voter may rank candidates by preference from
first choice to last choice. All ballots are counted. Votes are tabulated in Rounds until two
candidates who have the most votes also receive the threshold number of votes to be declared
the winner.
It should be noted that as in any election there is a mathematical possibility, albeit slight, that
voting could be completed following all rounds of voting with two or more candidates tied
without achieving the threshold. A tie-break system that is consistent with Colorado State
Statute is set forth herein.
6.2 Tabulation of Votes for City Council
6.2.1 Threshold Calculation
At the commencement of the vote tabulation, the City Clerk shall certify the total number of
votes cast for City Council and the number required to be elected to a seat on the City Council,
which by Charter is defined as fifty percent (50%) of the total votes casts for city council plus
one vote. All ballots with a counted first (15Y) or second (2nd) ranking for a candidate for City
Council shall be counted in the total number of votes cast. Blank ballots for City Council shall
not be counted in this total. By way of example, if 2000 ballots are cast in the election,
including four blank ballots for City Council, then a candidate will need the highest number or
second highest number of votes of all the candidates and at least 999 votes in order to be
deemed a winner of a council seat. (((2000-4) x 50%) + 1 = 999). This number shall be referred
to below as the "initial threshold".
If an instant runoff is required the threshold for the final round shall be determined by the
Clerk. This threshold shall be the total number of votes cast for the two continuing candidates
multiplied by 50% plus one.
In the event that the number of ballots in which votes are casts is odd, fifty percent is a
fraction. The next whole number shall be deemed the threshold. By way of example. If 2000
votes are cast and five are deemed blank ballots the threshold shall be 998. ((2000-5) )2 =
997.5. The next whole number is 998.)
6.2.2. Round One -Initial Tabulation of Votes
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All votes cast for first and second ranked candidates shall be counted in Round One, the initial
ballot tabulation. The two candidates who receive the most votes among the first and second
ranked votes casts shall be declared the winners, so long as the candidate has received the
initial threshold determined by the Clerk pursuant to 6.2.1, above. In the event that the two
candidates who have received the most votes have both reached the initial threshold in this
Round One ballot tabulation, then both candidates shall be declared winners and the election
shall be deemed completed.
In the event that one or more of the candidates who have received the highest vote total in the
initial tabulation have not reached the initial threshold, then the instant runoff voting
procedures set forth below shall commence.
6.2.3 Commencement of Instant Runoff Vote
6.2.3. a. Procedure If No Candidate Receives the Initial Threshold in Round One
In the event that no candidate receives the initial threshold set forth above, the following
instant runoff procedure shall be implemented:
Round Two -Determination of Winner of 1" Cit Council Seat
In the event that no candidate receives the initial threshold in Round One, then the four
candidates with the highest vote total shall enter Round Two. In the event that the lowest vote
total of the candidates who would enter the instant runoff tabulation is tied, then all candidates
with that vote total shall enter the instant runoff tabulation. (In the unlikely event that the
number of candidates in the fourth position equal the remaining number of candidates, then
the tie break procedure set forth in Section 6.3, below, shall be employed so that only one of
the candidates with the lowest vote total moves forward into this round.)
The highest ranking for a continuing candidate shall be counted as one vote for that candidate.
The candidate with the fewest number of votes is eliminated, and all ballots are recounted as
one vote for each voter's highest-ranked continuing candidate. This process of eliminating
candidates with the fewest votes and recounting ballots continues until two candidates remain.
In the event that there are two or more candidates tied with the fewest vote total, the tie shall
be resolved pursuant to Section 6.3, below, so that the loser or losers of the tie-breaker
determination shall be eliminated. When two candidates remain, all votes cast are recounted
so that the highest ranking for a continuing candidate is counted as one vote for that candidate.
The candidate with fifty percent plus one of the votes cast shall be deemed elected to a seat on
the Aspen City Council. In the event that there is a tie between these two candidates, the tie
shall be resolved pursuant to Section 6.3, below.
The tabulation shall then continue to determine the winner of the second City Council seat, as
set forth below.
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Round Three -Determination of Winner of Second Cit Council Seat.
Upon determining the winner of the first city council seat, the winner of the first seat is deemed
eliminated and the three remaining candidates shall continue into Round Three. The highest
ranking for a candidate who is continuing shall be counted as one vote for that candidate. The
candidate with the fewest number of votes is eliminated, and all ballots are recounted as one
vote for each voter's highest ranking of the two continuing candidates. The candidate with fifty
percent plus one of the votes cast shall be deemed elected to the second seat on the Aspen City
Council. In the event that there is a tie between these two candidates, the tie shall be resolved
pursuant to Section 6.3, below
6.2.3. b. Procedure If One Candidate Is Elected In Round One
Round Two -Determination of Second Cit Council Seat
In the event that the candidate who receives the most votes also receives the initial threshold
in Round One, the initial vote tabulation, then that candidate shall be deemed the winner of
one city council seat. The two candidates with the next highest vote totals shall enter the
instant runoff tabulation. In the event that the lowest vote total of these two positions is tied,
then all candidates with that vote total shall enter Round Two. (In the unlikely event that the
number of candidates in the second position equal the remaining number of candidates, then
the tie break procedure set forth in Section 6.3, below, shall be employed so that only one of
the candidates with the lowest vote total moves forward into this round.)
All ballots shall be recounted with the highest ranking for a continuing candidate counted as
one vote for that candidate. If there are only two candidates in this Round Two, then the
candidate with the most votes cast shall be deemed elected to the second City Council seat.
In the event that there existed a tie between or among the lowest vote getters following the
tabulation in Round One, the candidate with the lowest vote total at the end of Round Two
shall be eliminated. Counting shall continue until the all votes are tabulated between two final
candidates. The candidate with the most votes cast shall be deemed elected to the second City
Council seat.
In the event of a tie vote between the final two remaining candidates, then the winner shall be
determined pursuant to Section 6.3, below.
6.3 Determination of Tie Votes
In the event that a tie exists at any level of the proceeding that would prevent moving forward
without a resolution of the tie, the tie shall be resolved pursuant to this section.
The first tie-breaker shall be based upon the number of first choice rankings, with the candidate
with the largest number of first choice rankings being determined the winner of the tie breaker.
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In the event that that number shall be tied, then the winner shall be determined by lot
pursuant to Colorado State Statute, C.R.S. Section 31-10-1204.
7 Tabulation Center
The City Clerk shall designate one location within the City of Aspen to serve as the ranked-
choice voting tabulation center prior to each election. The center shall be reasonably accessible
to the public for the purpose of observing the vote tabulation. At a minimum, the City Clerk
shall arrange the counting of ballots so that the candidates and their representatives may
observe the ballots as they are counted. The City Clerk shall ensure that public observation does
not interfere with the counting of the ballots.
8 Miscellaneous Tabulation Provisions
8.1 General Provisions
This section shall apply to ranked voting contests tabulated by hand or computer.
8.2 Uniform Counting Standards
Pursuant to Section 1-7-309, C.R.S., in counting or examining ballots the intent of the voter shall
be taken into consideration. To the extent not contrary to the rules set forth in the State Voter
Intent Guide, Attachment 3, the following rules shall apply:
a• When a defective ranking is encountered during the tabulation the column
containing the defective ranking shall be deemed an overvote. No votes in that ranking column
nor any vote in a subsequent ranking column shall be counted and the ballot shall be deemed
exhausted at that point.
b. When a duplicate ranking is encountered, the first ranking and any ranking before
the duplication shall be counted. No further rankings on the ballot shall be counted and the
ballot shall be deemed exhausted at that point.
8.3 Ballots not Counted
Ballots not counted because of election judges' inability to determine the elector's intent for all
candidates shall be marked "defective" on the back, banded together and separated from the
other ballots, returned to the ballot box, and preserved by the City Clerk pursuant to Section 1-
7-801, C.R.S.
8.4 Recounts
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Except as otherwise set forth in this Section 8.4, Recounts shall be permitted in accordance with
Colorado Municipal Election Laws, C.R.S. Section 31-10-1207 and conducted in accordance with
the rules set forth in the latest version of the "Election Rules of the Colorado Secretary of
State."
8.4.1 Automatic recount. The Clerk shall conduct a recount of the votes cast in any election if
the highest number of votes cast and the next highest number of votes cast in the final
round of any tabulation is less than or equal to three percent of the highest number of
votes casts in the final round.
8.4.2 Method of Recount. In the event a recount is mandated pursuant to Section 8.4.1,
above, the Clerk shall conduct such a recount through a hand count of all ballots. Such
hand count shall be conducted in a manner consistent with this Instant Runoff
Procedures Manual and the Election Rules of the Secretary of State.
9 Chaneesto Procedures
The City Clerk may change the procedures described in this document to accommodate any
voting equipment that may be available for processing votes or for tabulating votes, provided
that the new procedures are in substantial compliance with the procedures described here, the
smallest feasible number of changes is made, and the changes to the tabulation procedures are
made public in accordance with this document.
10 Recess in Tabulations
The City Clerk may in his or her sole discretion call for a recess in the tabulation of ballots for a
period of no more than twelve (12) hours, including a period of time to include over night. In
the event that the City Clerk calls for a recess all ballots shall be secured during the period of
the recess. The process of securing the ballots shall include the following:
a. The City Clerk shall place all ballots in a combination safe capable of protecting
the ballots from theft, fire, and water damage.
b. The combination to the safe shall be known only to the City Clerk, the Chief of
Police and the Finance Director.
c• Each time the ballots are placed in the safe or taken out of the safe, at least two
witnesses shall be present and shall sign the following statement under oath:
I, the undersigned, do swear, under penalty of law, that I
witnessed
(remove/place) all of the ballots (into/out) of a combination safe
on this day of
approximate) at
Y o'clock - m. and securely locked the
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same in my presence (with the ballots inside the combination
safe/after removing all of the ballots.)
Witness
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Properly Marked
MAYOR 1st 2nd 3rd 4th
(two year term) Choice cnoice cnoice cnoice
Fill in one oval per choice Your 2n0 or 3rtl choice will be considered i f your 1° choice
Loses
Colonel Mustard O O ~ O
Scarlett O'Hara ~ O O O
Nicholas Nickleby O O O
Eleanor Rigby O ~ O O
Frst choice vote will be counted
Second Choice vote will only be counted after the voter's first choice candidate is eliminated
Third choice volte will only be counted after the voter's first and second choice candidates are
eliminated
~tkkar.~-~,,,,~,~
Un-used ranking/E~chausted Ballot
MAYOR 1st 2nd 3rd 4th
(two year term) Choice choice choice choice
Fill in one oval per choice Your 2n0 or 3f° choice will be considered i f your 1" choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O O O O
Nicholas Nickleby O ~ O O
Eleanor Rigby ~ O O O
• First choice vote will be counted
• Second choice vote will onryr be counted after the voter's first choice candidate is
eliminated
• Third choice vote is blank, so it wlll nat be counted
Duplicate Ranking
MAYOR 1st 2nd 3rd 4th
(two year term) choice choice choice choice
Fill in one oval per choice Your 2n° or 3rtl choice will be considered i f your 1° choice
Loses
Colonel Mustard ~ ~ ~ O
Scarlett O'Hara O O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O O O
• The first choice vote will be counted
• If the first choice candidate is eliminated, the second and third choice votes will not be
counted
Inconsistent Ordering
MAYOR 1st 2nd 3rd 4th
(two year term) choice choice choice choice
Pill in one oval per choice Your 2"" or 3'" choice will be considered if your 1° choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O ~ O O
Nicholas Nickleby O O O O
Eleanor Rigby ~ O ~ O
• Flrst choice vote will be counted
• Second Choice vote will only be counted after the voter's first choice candidate is
eliminated
• Third choice vote will not be counted
Over-voted 1St ranking
MAYOR 1st 2nd 3rd 4th
(two year term) Choice cnoice cnoice choice
Fill in one oval per choice Your 2"" or 3rtl choice will be considered if you r 1~ choice
Loses
Colonel Mustard ~ O O O
Scarlett O'Hara ~ O O O
Nicholas Nickleby O ~ ~ O
Eleanor Rigby O O O O
• Flrst choice vote will not be counted
o Unable to determine voter intent due to over vote
• Second Choice vote will not be counted
• Third choice vote will not be counted
Over-voted 2"d ranking
MAYOR 1st 2nd 3rd 4th
(two year term) choice choice choice choice
Fill in one oval per choice Your 2"" or 3f0 choice will be considered if your 1" choice
Loses
Colonel Mustard O ~ O O
Scarlett O'Hara O O O O
Nicholas Nickleby ~ O ~ O
Eleanor Rigby O ~ O O
• Flrst choice vote will be counted
• Second Choice vote will not be counted
• Third choice vote will not be counted
Skipped Ranking #1
MAYOR 1st 2nd 3rd 4th
(two year term) choice choice choice choice
Fill in one oval per choice Your 2nO or 3r° choice will be considered if your 7° choice
Loses
Colonel Mustard O O ~ O
Scarlett O'Hara ~ O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O O O
• Frst choice vote will be counted
• Third choice vote will be counted if the first choice candidate is eliminated
Skipped Ranking #2
MAYOR 1st 2nd 3rd 4th
(two year term) Choice cnoice cnoice cnoice
Fill in one oval per choice Your 2n° or 3'" choice will be considered if you r 1° choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O ~ O
• This rankingwill be counted in the first round
Undervote/Blank Ballot
MAYOR 1st 2nd 3rd 4th
(two year term) cnoice cnoice cnoice cnoice
Fill in one oval per choice Your 2"" or 3" choice will be considered if your 1" choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O O O
• This is a blank ballot; it will not count toward the majority
Over-voted Duplicate
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in columns 1 through 8. Your first and
second choices will be counted in the frst round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
Est Zia 3ra atn Stn stn ~m 8th
Jack B. Nimble O O O ~ O O O O
Greta Greenwood ~ ~ O O O O ~ O
David Crockett O O ~ O O O O O
Travis Thompson O O O O ~ O O O
Che Guevara O O O O O ~ O O
John Q. Adams O O O O O O O O
Wilbur Mills O O O O O O O O
Peter Romanov O O O O O O O O
• First choice vote will be counted
Second choice vote will not be counted as it is a duplicate ranking and
no further candidates will receive votes
Over-voted Council 2 rankings
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in columns 1 through 8. Your first and
second choices will be counted in the first round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
Est Zna 3.d 4m 5m sm ~m 8th
Jack B. Nimble ~ O O O O O O O
Greta Greenwood ~ O O O O O O O
David Crockett O ~ O O O O O O
Travis Thompson O ~ O O O O O O
Che Guevara O O O O O O O O
John Q. Adams O O ~ O O O O O
Wilbur Mills O O O ~ O O O O
Peter Romanov O O O O ~ O O O
• This ballot contains a defective ranking and it will not count toward the
threshold nor will any candidate receive a vote
Over-voted Council 3 rankings
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in columns 1 through S. Your first and
second choices will be counted in the f rst round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
,~st .2nd 3rd 4th 5th bth 7th $th
.lack 13. Nimble ~ O O O O O O O
Greta Greenwood ~ O O O O O O O
David Crockett O ~ O O O O O O
Travis Thompson O ~ O O O O O O
Che Guevara O O ~ O O O O O
John Q. Adams O O ~ O O O O O
Wilbur Mills O O O ~ O O O O
Peter Romanov O O O O ~ O O O
• This ballot contains a defective ranking and it will not count toward the
threshold nor will any candidate receive a vote
Over-voted Duplicate 2"d ranking
CITY COUNCIL
(Four year term)
Two City Council Members wilt be elected for 4-year terms. Rank your choices in columns 1 through 8. Your first and
second choices will be mounted in the first round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vole for Vote for Vote for Vole for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
Est 2"a 3rd 4tn Stn 6m ~m gth
.lack B. Nimble O O O O O O ~ O
Greta Greenwood O O O ~ O O O O
David Crockett O ~ O O O O O O
Travis Thompson O O D O O O O
Che Guevara O O O ~ O ~ O O
John Q. Adams ~ O O O O O O O
Wilbur Mills O ~ D O ~ O O O
Peter Romanov O O ~ O O O O O
• First choice vote will be counted
• This ballot contains a defective ranking at the second choice. No votes
will be counted for rankings for the 2ntl or subsequent columns.
SAMPLE BALLOT
CITY OF ASPEN REGULAR MUNICIPAL ELECTION
MAY 5, 2009
INSTRUCTIONS: Mark you 1` choice in the 1 column completely fill in the ~~ like this ~. To indicate a 2'" choice,
select a different candidate in the 2n0 column. To indicate a 3itl choice, select a different candidate in the 3'" column, etc.
a. Rank candidates in order of preference
b. You may rank as few candidates as you wish or as many as are allowed
c. Do not skip rankings and only one choice oer column and one choice per row
d. With a black ball point pen or marking device, completely fll in the ^, like this,
e. You may write in a candidate by filling in the ^ and writing the name on the Write In line
MAYOR
(two year term)
Only one choice per column and one choice per row
~n Zia 3ra 4m
choice choice choice choice
Colonel Mustard ^ ^ ^ ^
Scarlett O'Hara ^ ^ ^ ~'
Nicholas Nickleby ~! C ~ ^
Eleanor Rigby ~' ^ r' ^
Write In ^ ^ ^ ~~
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Indicate your 2 first choices by fling in one boz in each of the
first choice columns. Rank your choices in columns 1 through 8. Your first and second choices will be counted in the first
round of tallies. Do NOT duplicate y our choices. Only One ChOICe per COIUmn and one ChOiCe per row
fa Zia 3ra 4m 5m brn ~m am
choice choice choice choice choice choice choice choice
Jack B. Nimble ^ ^ ^ L ^ ^ ^
Greta Greenwood ^ ~ I!. L' ^ ^ ^ ^
David Crockett ^ ^ ^ ^ ^ I ' C ^
Travis Thompson ^ ^ ^ ^ ^ ^ ^ I I
Che Guevara ^ ^ C ^ ^ ^ ^ I
John Q. Adams C~ C ^ C ^ ^ ^ ^
Wilbur Mills ^ ^ ^ ^ ^ ^ I ^
Peter Romanov ^ ^ I I ~ ^ C ^ I
Write In ^ ~~~ ^ ^ ^ ^ ~' I]
Write In ^ ^ ^ ^ ^ ~ ~'' ~
Atlac~+eed-2
Voter Intent
A GUIDE TO THE DETERMINATION OF VOTER INTENT
FOR COLORADO ELECTIONS
Published by Colorado Secretary of State
Mike Coffman
2008
b~clbic~ft Wr¢wl~
DETERMINATION OF VOTER INTENT
This Guide is intended to assist election officials and election judges with determining
the intent of a voter when such intent may not be immediately cleaz. It supplements and
illustrates the legal requirements for determining voter intent that aze contained in
Election Rule 27, "Rules Concerning Uniform Ballot Counting Standards". Although it
is intended that this Guide be consistent with Rule 27, in the event of a conflict between
this Guide and Rule 27, the requirements of Rule 27 must be followed.
This guide provides instructions for a variety of different scenarios, but there is no way to
address every situation that may arise. Therefore, election officials aze strongly
encouraged to refer to Rule 27 when deciding how and when to determine a voter's
intent.
When to Review Voter Intent
It is very important to remember that election officials only consider voter intent in
three situations:
1) when a county is hand-counting paper ballots;
2) during a recount of votes cast for any voting system; and,
3) when ballots are being examined by the resolution board in a central
location to determine if a ballot is a blank ballot, an overvoted ballot,
or contains one or more write-in votes.
Under Colorado law and Secretary of State Rules, voter intent should not be reviewed or
considered during the initial count of ballots for those counties using polling place optical
scan equipment. Please refer to Rule 27 for more information.
TABLE OF CONTENTS
1. Chapter 1: Target Area .......................
................................................. ............. 3
a. Obvious Stray Marks """"'
b. Hesitant Marks
c. Parts of Written Notes
d. Corrected Vote
2. Chapter 2: Consistent Patterns ................. .
3. Chapter 3: Overvotes and Corrected Votes .........................................................122
4. Chapter 4: Written Instructions .............................................................................. 16
5. Chapter 5: Write-In Candidates ...................................................
......................... 188
-2-
Elections Division
Colorado Secretary of State's Office Approved October 2008
Chapter 1
Target Area
The Target Area is the oval, square, or incomplete arrow opposite a candidate's
name or ballot response.
Example 1: Taz~et Areas aze Circled:
STATE REPRESENTATIVE • DISTRICT 57
L. Baumgardner
All votes within the target area will be considered valid and will count provided
there are not more votes than the maximum number of candidates or responses for
a ballot measure allowed (see Chapter 4).
Example 2: Valid TazQet Area Mazlunes:
STATE REPRESENTATIVE - ~ISTRIGT 57
(VOb/arOPE)
~ RandY L• Baarngardner
0 Daniel !. Korkowsid
Elaine Gantz Berman «---~
~ ~
f~JeAQrdc
O 9enleyRayMm
O pouglan~ban
STATE REPRESENTATIVE -DISTRICT 57
Nate tar oNE1
Q Randy L. Baumgardner
k7aniel L. Korkowski
3-
Approved October 2008
Elections Division
Colorado Secretary of State's Office
Daniel L. Korkowsld __ J
A defective or incomplete mark on any ballot in a proper place should be counted if
no other cross mark appears on the ballot indicating an intention to vote for some
other candidate or ballot issue.
Example 3: Incomolete Mazks that Count as a Valid Vote:
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
Q Randy L. Baumgardner
Daniel L. Korkov,5ki
Joyce Foster
Alice Borodkin
Exceptions
Marks made in the target area are not counted as valid votes if one or more of the
following apply:
a. Obvious stray marks
b. Hesitant marks
c Parts of written notes
d. Corrected vote (see Chapter 3)
4-
Elections Division
Colorado Secretary of State's Office Approved October 2008
a. Obvious stray marks
The mazk neaz Joyce Foster's name is a stray mazk that should not be counted. Even
though it partially extends into the target azea of the candidate, it is not primarily
concentrated in that azea. The same is true of the mazk neaz Catherine "Kit" Roupe's
name. Because the mazk is considered stray, it is not counted.
Example 4: Obvious Strav Mazks Outside the TazQet Area:
p Cetl~eieelC[Rage
~ 5heiaMneticks
Joyce Foster
Alice Borodkin
Example 5: Obvious Strav Mazks Throueh the Taz¢et Area:
Both aze examples of stray marks and should not be counted, even though they
extend through the tazget areas.
n Cetl~eme~Cf Rape
f7%Sheie Anne{kks
Joyce Foster ~'
-__---
Alice Borodk'
-5-
Approved October 2008
Elections Division of State's Office
Colorado Secretary
Example 6: Strav Mazks Extendine Outside Taz¢et Area Into Another Taz¢et
While the mazk extends outside the tazget azea of one candidate and into another
target azea, it cleazly indicates a preference for one candidate. This ballot would
be counted as a vote for Sheila Anne Hicks.
Cetheiine'NiC"
SheilaAnneFlicks
Example 7: Candidate's Name Stricken:
In this example, the voter has stricken the name of candidate Catherine "Kit"
Roupe. Part of this mazk extends into the target azea, but it is considered a stray
mazk and no vote is counted for the candidate. This would be considered an
undervote.
~Of1D~7M~yyp6'
Sheila Anne Iliicks
b. Hesitant Marks
Example 8: Hesitant Marks:
While there is a mark in the tazget azea for both candidates, the smaller mazk
seems the result of a hesitation and can be disregazded. This ballot would count
as a vote for Catherine "Kit" Roupe. The same is true of the second ballot, which
represents a vote for Joyce Foster.
~ Cetlierine'KA' Roupe
Q Shea Anne FGcks
-6-
Elections Division
Colorado Secretary of State's Office Approved October 2008
c. Parts of Written Notes
Example 9: Notes Written Outside the Tazeet Area:
The mazks on this ballot that extend Into the tazget areas aze part of written notes.
' None of the written remazks would be considered a valid vote for Joyce Foster.
Example 10: Marks Inside the Taz et Area as Written Comments:
The mazks that extend into the tazget aeeas are parts of written comments on the
ballot. This should not be counted as a vote for Randy L. Baumgazdner.
STATE REPRESENTATIVE -DISTRICT 57
L. Baumgardner
Daniel L. Korkowski
Example 11: Mazks Outside the Taz et Area as Written Instructions:
In this example, a vote would be counted for Sheila Anne Hicks.
Please see Chapter 3 for an explanation and examples of this exception.
-7-
Approved October 2008
Elections Division
Colorado Secretary of State's Office
d. Corrected Vote
Chapter 2
Consistent Patterns
If a voter marks outside the target area, those votes shall be considered valid if the
voter uses a consistent pattern or method of marking. All marks must follow the
same uattern or method.
Example 1(a): Consistent Mazkine Patterns Outside the Tazeet Area:
Examplel(b): Consistent Mazkin Outside the Taz et Area:
The voter used a consistent set of mazks throughout the ballot. Even though the
mazks do not fall within the tazget azea, each ballot would count as a valid vote
for Jeanne Labuda, James E. Johnson, Jr., and Anne L. McGihon.
resen
-~
eResantate del Esta~o - ~".
istrib 2 ~ ,
'~"
.._ raeraone+voe,«irwj
Mark Ferrandino ~ y
~mes E. Johnson, Jr. 1• y
lfstrlet 9
~~ ~ late'da1F_dedo".~~
!.. McGihon ~ y
8-
Elections Division
Colorado Secretary of State's Office Approved October 2008
Example 1(c): Consistent Mazlcine Outside the TazQet Area:
In this example, the voter has made the same mazk throughout the ballot that falls
outside the tazget azeas. Because the mazks are all the same, all the votes on this
ballot are valid.
57
Randy L. Baumgardner
~aniel L, Korkowski
21CTATTORNEY • 94th JUDICIAL D
x ONE)
fflizabeth Oldham
NTY COMMISSIONER -DISTRICT 1
Gray
-DISTRICT 2
~aed F Tayyara ~
However, if the voter marks an choices with an X, check, or other mark in the
target area, off' the responses where the target area is marked shall be counted.
Example 2: Inconsistent Mazltine Patterns:
On the left, a valid vote would only be counted for 7eanne Labuda.
On the right, only valid votes for Elizabeth Oldham and Tom Gray would be
counted.
'E REPRESENTATIVE -DISTRICT 57
or ONE)
~ Randy L. Baumgardner
~ Daniel L Korkowski
'RICT ATTORNEY -14th JUDICIAL DI
ror ONE
Elizabeth Oldham
1NTY COMMISSIONER-DISTRICT 9
~ Tom Gray
NTY COMMISSIONER -DISTRICT 2
i« orrEy
~ Saed F. Tayyaia~
-9-
Approved October 2008
Elections Division of State's Office
Colorado Secretary
Example 3(a): Inconsistent Mazkin Outside the Taz et Area:
In this example, the voter made mazks outside the tazget areas but did not make
them in a consistent manner. As there aze no marks in any tazget azea, there are
no valid votes on this ballot.
Example 3(b): Inconsistent Mazkine Inside and Outside the Tazeet Area:
While the voter has made the same mazks throughout the ballot, some but not all
aze outside the target azeas. In this scenario, only the mazks within the tazget
azeas count as valid votes for Randy L. Baumgazdner, Elizabeth Oldham, and
Saed F. Tayyaza.
10-
Elections Division
Colorado Secretary of State's Office Approved October 2008
Example 3(c): Inconsistent Mazkin Inside and Outside the Taz¢et Area:
In this example, there aze mazks outstde the tazget azeas, but not in a consistent
manner throughout the whole ballot. Also, because some tazget azeas aze mazked,
only those votes aze valid. In this example, the votes for Jeanne Labuda and Anne
L. McGihon aze valid.
..__.. _. NdefuignlVotev?~Uro}
Mark Ferrandino ~ y
_ _ .._ _
James E. Johnson, Jr~
itate Repre's`eiit8tlve r ^. ,, , ~. .
z daf Ectedo -
jepr~c ~1tBa
~5~ ~,~ pCr UnC}
Anne L. McGihon ~~
-11-
Approved October 2008
Elections Division
Colorado Secretary of State's Office
Chapter 3
Overvotes and Corrected Votes
An overvote is a race or ballot measure which contains votes for more than the
maximum number of candidates or responses for a ballot measure allowed. No votes
for that race or issue shall be counted unless the voter corrects the marks by
providing an explanation of his or her desired choice. If a voter has corrected the
vote, the indicated vote shall be considered valid.
If ballots aze counted using an optical scan machine, overvoted races aze rejected by the
voting system. When ballots are being examined by the resolution boazd in a central
location, election judges consider voter intent to determine if a ballot is a blank ballot, an
overvoted ballot, or contains one or more write-in votes. Other than ballots being
examined by the resolution board, voter• intent should not be considered upon initial
count and the ballot should not be duplicated. If a recount is required, voter intent would
then be taken into consideration.
Example 1: An Overvote:
Calhe~e'KiP' Roupe
~ Shela Anne Hicks
Joyce Foster
Alice Borodkin
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
Randy L. Baumgardner
daniel L. Korkowski
- Iz-
Elections Division
Colorado Secretary of State's Office Approved October 2008
Invalid Correction of Votes
Example 2: Second Choice Marked:
Pursuant to C.R.S. § 1-7-508(2), when it is impossible to determine the voter's
choice of candidate or vote, the vote shall not be counted. In this instance it is
uncleaz if the X is a vote or an attempt to strike a vote. As a result of both tazget
azeas being mazked the voter's intent is uncleaz. Here, the voter has overvoted
and a vote for neither candidate should count.
Example 3:
In this example, the vote should not count as a valid vote for either candr ate, as
the voter's intent cannot be determined.
Joyce Foster
Alice Borodkin
Valid Correction of Votes
If a voter has marked more than one target area, the vote that has been crossed out
shall be stricken and the second choice that has not been stricken shall be counted as
a valid vote.
Example 4(a): Valid C~ ReCtrOns:
Here the voter has indicated a willingness to correct their vote, and vote for
Daniel. L. Korkowski would be counted on this ballot. The strike through here
amounts to written instructions.
STATE REPRESENTATIVE -DISTRICT 57
(VMe fa ONE)
®Daniel L. Korkowski
13-
Approved October 2008
Elections Division of State's Office
Colorado Secretary
Example 4(b): Valid C_ off:
By drawing aline through the name of a candidate, the voter indicates he or she
wishes to correct his vote. This ballot would count as a vote for Sheila Anne
Hicks.
® , -~ ``e~6l-R9y~-
Sheila Anne Hicks
Example 4(c): ValidValid Cations:
In this example, the voter may have made an initial X to mazk a vote for Randy L.
Baumgazdner. The voter then filled in the entire tazget azea, attempting to cleazly
indicate their vote. This is a valid vote for Randy L. Baumgardner.
STATE REPRESENTATIVE -DISTRICT 57
ole for ONE)
Randy L. Baumgardner
baniel L. Korkowski
Example 5: Corrections without Second Choices:
In this example, the voter corrected the vote but did not make a second choice.
The race is thus undervoted, and neither candidate receives a valid vote. The
voter's intent in this example would only be discovered during ahand-count or
recount..
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
®-87ramgarr~T
Q Daniel L. Korkowski
_ ]q _
Elections Division
Colorado Secretary of State's Office Approved October 2008
,Example 6: A Write-In Vote to Correct the Voter's Previous Selection:
In tlils example, the write-in vote for John Doe is the valid vote because the X
serves to correct the voter's previous selection, and the voter has provided written
instructions by writing-in a candidate.
_,:. __. -
Elaine t3antz Beeman
. ~ .~~~
Example 7: Both Candidates Cancelled:
Both votes on this ballot have been cancelled by lines through the names.
Because no candidate is selected, this race is undervoted.
.:;: -(1/4~ tu1 Ptl,Ef:t YGIQ pcX V~±J
-15-
Approved October 2008
Elections Division of Stau's Office
Colorado Secretary
Chapter 4
Written Instructions
If a voter corrects a vote and provides written instruction on his or her intent, it
shall be counted as the voter instructed. Written instructions may include words,
circles, or arrows. Note: If ballots aze counted using an optical scan machine,
overvoted races, even those that may have written instructions, aze rejected by the voting
system. Voter intent should not be considered upon initial count, except for when ballots
aze being examined by the resolution board at a central count location, and the ballot
should not be duplicated. However, if a recount is required, voter intent would then be
taken into consideration. Voter intent is always considered during ahand-count.
Example 1: Voter's Written Correction:
-.rnw.at ~ti:..
~-,"~oyce Foster
Alice Borodkin
Example 2: Valid Written Instructions:
STATE REPRESENTATIVE - DIgTRICT-
(Vole for ONE)
®Randy L. Baumgardner NQ
®Daniel L. Korkowski Yes
..
el_.
Elaine Gantt Barman
r , __.., _ _ __
~ y
-16-
Elections Division
Colorado Secretary of State's Office
Approved October 2008
Example 3: Valid Written Instructions Cancelline a Vote:
In this example, the voter selected a candrdate and then drew an X through both
tazget areas to indicate he or she did not want to vote for either. Based on the
"none" comment on the left, this race is undervoted, and neither candidate should
receive a vote.
Example 4: All Taz eted Areas Mazked and Voter Provides Instructions or Indications:
While both•tazget aeeas aze mazked, the line through Sheila Anne Hicks' name
and the circle around Catherine "Kit" Roupe indicate that a valid vote should be
counted for Catherine "Kit" Roupe.
® f~dAf11f6WIC~'
-17-
Elections Division Approved October 2008
Colorado Secretary of State's Office
Chapter 5
Write-In Candidates
A properly marked write-in vote is a vote where the voter physically writes in the
name of a le¢all_ y a` write-in candidate in the space reserved and correctly
marks the oval or square, or connects the arrow.
Example 1: A Valid Vote for aWrite-In Candidate:
Note: According to Rnle 27.7.4.3, if a voter fails to complete the target area but does
write in the name of a qualified candidate, the voter's write-in selection is counted
omy during the initial count for hand-counted ballots or during any recount.
Example 2: Write-In Votes without the Taz et Area Mazked:
18-
Elections Division
Colorado Secretary of State's Office Approved October 2008
v~~~a
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Jason Lasser, Special Projects Planner
RE: The Aspen Institute -Greenwald Pavilion (Tent) -Consolidated Specially
Planned Area (SPA) Amendment and Growth Management Quota System
(GMQS) Review, - 2°d reading of Ordinance No.~, Series of 2009- Public
Hearing
MEMO DATE: March 2, 2009
MEETING DATE: March 9, 2009
APPLICANT /OWNER:
The Aspen Institute
REPRESENTATIVE:
Jim Curtis, Curtis and Associates
LOCATION:
Greenwald Pavilion (Tent) -Lot 1-
B ofthe Aspen Meadows
Subdivision, commonly known as
The Aspen Institute, 1000 N. 3`d
Street, Aspen
CURRENT ZONING:
Academic (A) zone district with a
Specially Planned Area (SPA)
Overlay
SUMMARY:
The Applicant requests
consolidated SPA approval for a
permanent, summer-only tent. The
applicants are requesting approval
fora SPA Amendment and for
Growth Management Quota
System (GMQS) Review at this
time.
~?~:~`
-: _ ,~'#'
- - ~ ~.;;
ns1
~,~,;,r
,_
~a ` f „v ;~
` _'~~ ~°'
~ tl~
_ ~~ r~~ j ~
r .
'e
R~
Photo: The Aspen [nstitute, north portion ot~ the loi
STAFF RECOMMENDATION:
Staff recommends that the
application with conditions
only tent.
e
~~ 4'
City Council approve the
for the permanent, summer-
Page 1 of 11
REQUEST OF THE CITY COUNCIL: The City Counci] will be reviewing the following land
use approvals for a permanent, summer-only tent: Specially Planned Area Amendment and
Growth Management Review for an Essential Public Facility. The applicant has requested a
consolidated review (allowing atwo-step review before the Planning and Zoning Commission
and then review by City Council). The review of a Specially Planned Area is (in most cases) a
four step review process. Step one is conceptual review before the Planning and Zoning
Commission, step two is conceptual review before City Council, step three is final review before
P&Z, and step four is final review before Council. The land use reviews required as part of this
application are:
• Specially Planned Area (SPA) -Consolidated Review (Section 26.440.040 B) to allow
for a permanent, summer-only tent. The application shall be approved, approved with
conditions or denied by the City Council.
• A Growth Management Review for an Essential Public Facility (Section 26.470.090.4),
to assess, waive, or partially waive, affordable housing mitigation requirements. The
application shall be approved, approved with conditions or denied by the City Council.
BACKGROUND:
The Aspen Institute is one component in the Aspen Meadows Specially Planned Area (SPA) approved
through Ordinance No. 14, Series of 1991. The Ordinance approved zoning map amendments to create
several zones including Academic (A) and Open Space (OS) zone districts and Subdivision Review to
create 10 separate lots at the Aspen Meadows Subdivision/SPA.
The Aspen Institute was originally located on Lot 1 of the Aspen Meadows Subdivision, but in 1992,
the First Amended Plat was approved to reconfigure the subdivision and created Lot 1-B, for the
Aspen Institute. Lot 1-B is approximately 13.160 acres and has three existing buildings: the Bechter
Building (on Gillespie), the Seminar Facility, and the Paepcke Auditorium building, this lot also
contains the Greenwald Pavilion Tent. The Aspen Meadows SPA Development and Subdivision
Agreement defines dimensional requirements (shown on the plat), off-street parking, site
improvements, trails, financial assurances, and employee housing for each individual parcel (see pages
16 -18 of the SPA agreement for the Aspen Institute; attached as Exhibit H).
The 1995 Lot 1-B Second Amendment to the plat shows dimensions, setbacks, and adds a site plan
reflecting the addition and modifications to the existing Seminar Building. The amended plat states
that "the Aspen Institute shall share continued responsibility to comply with the Meadows Traffic
Mitigation Plan."
The Greenwald Pavilion tent operated under a temporary use permit for 2005, 2006, and again
received approval for temporary use under Resolution #8, Series of 2007. For seasonal uses, the City
council determines the maximum number of annual recurrences, which shall not exceed ten (10) years.
The tent has been used for a variety of events including the Aspen Ideas festival, the Dalai Lama
blessing, and finished the season with lectures from John Edwards, the Cleveland Health Clinic, and
John McCain.
Page 2 of 11
PROJECT SUMMARY:
The applicant is proposing to amend the SPA in order to use the tent on a permanent, summer-only
basis in order to construct a permanent floor for the tent, terrace, paths, a concrete pad for port-o-
potties, install water, gas, electric to the tent, and to install AV cables to interconnect to the other
Institute buildings.
The permanent, summer-only tent, which is approximately 134 feet by 55 feet (7,370+/- sq. ft.), and is
proposing to seat between 400-750 people. The remaining un-built square footage (3,271 sq. ft. from the
1991 SPA Plan (after the additions to the Paepcke Auditorium), will need to be expanded to
accommodate the additional squaze footage for the tent.
The initial application submission (December 20, 2007) proposed to keep the permanent, summer-only
tent in its existing location. However, upon further examination of the site existing utilities that ran
directly under the existing location were identified. The existing floor of the temporary use tent is crushed
gravel over natural vegetation and topography. An amended application and new location were proposed
in the November 7, 2008 drawings (Exhibit I) that would keep the tent off of the easements. During the
November 19, 2008 Development Review Committee (DRC) meeting, it was determined that the
permanent tent could be located on the easements, however, the floor material installed needs to allow for
immediate access to the utilities below -asphalt, not concrete).
The addition of 400-750 seats in the permanent tent (which is approximately the same amount of
seating as the existing temporazy use tent which accommodates 400-750 people) allows for larger
scale events to be held at the Institute. The increase in visitors from the 1991 SPA will require
pedestrian and vehicular traffic and transportation mitigation for the additional users. The application is
not proposing additional pazking, but the Aspen Institute and the City of Aspen have participated in
drafting a Greenwald Tent Traffic Mitigation Plan which is attached as Exhibit L.
The Historic Preservation Commission has reviewed and conceptually approved the permanent, stunmer-
only tent. At the November 12, 2008 hearing, HPC decided 4-1 to bring the application back to
conceptual due to significant changes to the application. Specifically, questions were raised about height,
mass, landscaping, and the size and location of the proposed terrace.
On January 14, 2009 the Historic Preservation Commission reviewed and approved the application (see
HPC minutes -Exhibit F) for a permanent, summer-only tent by a vote of five to zero (5-0).
The Planning and Zoning Commission reviewed the application on January 6, 2009 and recommended
approval to the City Council for the SPA amendment and for the GMQS review to determine the
employee generation rate (which approved the proposal for no new employees, subject to an audit from
APCHA).
On December 9~', the applicant submitted a supplemental site plan, proposing to locate the tent over the
utilities, known as "Scheme B". The Planning and Zoning Commission reviewed the application at on
December 16~' and requested additional information, citing the transportation plan, location of the tent,
landscaping, pedestrian, vehicular fire access, and landscape concerns. The Commission requested that a
DRC meeting occur prior to their decision to review the proposal (Scheme B) that located the tent over to
the discovered utilities (water and sewer). The applicant amended the application in order to meet the
criteria for the SPA amendment, specifically addressing
Page 3 of 11
At the December 16`h public hearing on The Aspen Institute Greenwald Pavilion (permanent,
summer-only tent), the Planning and Zoning Commission raised a number of issues that they asked
be addressed in further detail prior to moving on the application.
An informal Development Review Committee meeting was held on December 17 to review the
December 9, 2008 submission "Proposed Plan A" (tent location off utilities) and "Proposed Plan B"
(tent location straddling utilities). Due to site constraints, the applicant is requesting the Planning and
Zoning Commission review the December 9, 2008 submission "Proposed Plan A." Changes to the
landscape plan features have been included in the drawing submitted by the applicant on December
30, 2008, attached as Exhibit K.
At the January 6~' public hearing on The Aspen Institute Greenwald Pavilion (permanent, summer-
only tent), the Planning and Zoning Commission reviewed and recommended the application to the
City Council by a vote of five to zero (5-0), with conditions.
The Applicant amended the design of the project during the Planning and Zoning Commission
review process, and a summary of the changes are provided below. Comments from Staff follow in a
separate, italicized paragraph when applicable.
1) Proposed changes proposed during Planning and Zoning Commission Review -responses
from the 12/30/08 supplemental provided by the applicant (attached as Exhibit I~:
• Pavilion Location At the December 16' 2008 hearing, the location of the tent was discussed,
particulazly "scheme B" (with the tent straddling the utilities). An informal Development Review
Committee (DRC) meeting was immediately scheduled, and it was determined to be
unacceptable by Public Works due to difficulties with emergency access. Community
Development Staff and the referral agencies recommend "Scheme A;" presented with "scheme
B" on December 9, 2008. The proposed location of the permanent, summer-only tent will be
north of the existing temporary use location to allow for emergency access to the water and
sewer mains. The terrace on the south side of the tent will allow for emergency access, the
material to be determined, but likely to be ADA compliant crusher fines, installed to the
specifications of the Building Department. The Utility Department has stated that the tent cannot
be located on the easement. Scheme A-2 was provided on 12/30/08, showing reduced
landscaping on the north side of the tent for screening.
Per the International Building Code (IBC): All paths shall be ftrm, stable, and slip resistant.
Staff recommends the applicant continue to research materials and work with the Parks,
Engineering, and Building departments to meet their requirements for construction.
• Reducing the width of asphalt to six (61 feet on the fire truck access road Questions about the
material of the fire access road, hammerhead, and relationship to the pedestrian path were raised
by the Commission and Staff, specifically the increase in the amount of impervious surface area.
In response to the comments about the 14' wide asphalt road, the applicant has instead proposed
a 6' wide pedestrian, bike, and cart path, with pavers (that allow grass or vegetation to pass
through) that make up the additional width required to allow for proper fire truck emergency
access requirements. The additional width will be comprised of a material to be determined
(crushed fines, grass between pavers, landscape/pedestrian friendly) but will allow for the
Page 4 of 11
required loads. Configuration of the turnaround "hammerhead" will accommodate the existing
trees, as approved by the Pazks Department.
Per the International Fire Code (IFC): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide
all-weather driving capabilities (this provision does not specify a particular type of surface. It is
written in performance language; therefore, the surface must carry the load of the anticipated
emergency response vehicles and be drivable in all kinds of weather).If grass pavers are to be
used, they must be installed to meet the above standards. The grass paved areas must be
maintained (be careful of snow plowing ripping out the pavers). The grass paved areas must be
delineated from adjacent landscaping. Staff recommends that the Council approve the request,
as the applicant has minimized the amount of asphalt, providing an alternative material for the
access road in order to provide a pervious, landscape friendly experience for the pedestrian.
• The bike/cart/pedestrian path has been moved beyond 15 feet from ton of slope Concerns were
raised about the proximity of the initial proposal in which the pedestrian bike/cart path was
directly adjacent to the top of slope (Stream margin Review standads do not allow for any
development within a setback of 15 feet from top of slope). The applicant has relocated the cart
path to the south to avoid encroaching into the required 15' setback from top of slope.
Concerns about the proximity of the relocated path to the top of slope were expressed at the
December 16, 2008 hearing. A request to move the path to avoid being within 15 feet from the
top of slope by Commission members and Staff has been addressed by the applicant to locate the
path outside of the IS' setback. The disturbed areas shall be re-vegetated with native plants as
approved by the Parks Department. Staff recommends approval, but that the applicant continue
to work with the Parks Department on the landscape plan for the proposed path and surrounding
areas to provide the most natural and effective screening plan.
• Landscaping Neighborhood concerns about the mass and scale of the temporary tent have been
raised. A berm and screening landscaping to the north of the tent have been proposed. In
addition, to meet requirements for facilities, the application proposes three (3) port-o-potties to
be located between the tent and the Koch seminar building. The bathrooms are to be required
only when the permanent, summer-only tent is functioning for events. Landscape screening for
both the tent and temporary facilities has been proposed.
In order to reduce the perceived mass and height of the tent, the applicant has submitted a
detailed landscape plan for the area to the north of the tent, along the pedestrian and bike path.
Parks has requested that the trees be deciduous either aspen or cottonwood, as the tent will only
be used in the summer (when the leaves are out) and when the tent is removed in the winter, the
bare trees will allow for transparency through the site. The applicant has responded to a request
to screen the temporary facilities with landscaping from both [he Commission and Staff. Building
department has reviewed and conceptually approved "proposed plan A" December 9, 2008
submission, and determined that temporary port-o potties are sufficient for the needs of the
events in the Pavdlion. At least one (1) ADA compliant stall shall be provided. Staff recommends
the City Council approve the request, but that the applicant continue to work with the Parks
Department during construction and planting to provide the most natural and effective screening
plan.
Page 5 of 11
• A maximum of 20 day per veaz at the Greenwald Pavilion no private events, all events must
comply with City of Aspen sound ordinance requirements Due to neighborhood concerns about
noise, frequency, and use; the number of days has been limited to twenty (20) per summer.
Concerns about noise from late-running private parties, (such as weddings) have been raised by
neighbors. The applicant has agreed to eliminate private events, and all events will be scheduled
to comply with the City sound ordinance.
Changes in 2006 from the original 2005 temporary use permit included the elimination of
private' events due to noise complaints and violations (of City Ordinance). Staff recommends
limiting the number of events to alleviate traffic and transportation concerns. Private events
have more flexible schedules (such as weddings with dancing at the end of the evening, for
example) than a lecture or ideas festival type event, which has brochures and marketing material
with a specific timeline. Staff recommends that Council limit the number of days -not to exceed
twenty days per year at the Greenwald Pavilion, prohibit private events (weddings, etc.), and
require all events to comply with the City of Aspen noise Ordinance.
STAFF COMMENTS:
SPECIALLY PLANNED AREA -CONCEPTUAL DEVELOPMENT PLAN:
A Specially Planned Area (SPA) is a process in which a site specific development plan is created
which encourages flexibility and innovation in the development of land and promotes objectives
outlined in the Aspen Area Community Plan by allowing the variation of the underlying zone
district's land uses and dimensional reauirements for the benefit of the public. The parcel currently
exists with an SPA overlay. Based upon the new proposal the site specific development must be
amended to allow the additional development.
Although the addition of a 55'x 134' (7,370 sq. ft.) permanent, summer-only tent would extinguish
the existing remaining un-built azea (3,271 sq. ft.) and require an additiona14,099 of allowable floor
area, the underlying zone Academic (A) does not have any dimensional standazds -the standazds are
set by the adoption of the Specially Planned Area (SPA). Allowing for additional development on
Lot 1-B should be considered in the context of the entire grounds, if it is compatible with
surrounding land uses, development, height, bulk, architecture, landscaping and open space. Strong
attention to the relationship between the surrounding structures, pedestrian and vehicular site
circulation, pedestrian amenities, significant view planes and environmental impacts should also be
considered.
In the Development Review Committee (DRC) comments, the City of Aspen Engineering
Department commented that it "is unable to determine if there are adequate public facilities" in
particular pedestrian walkway/bikeway connections from town to events and adequate public
transportation facilities. A Transportation goal in the AACP is to "improve safety for pedestrians,
bicyclists, mass transit riders, and automobiles in the Aspen Area. The applicant has worked with the
City of Aspen transportation and Engineering Departments to draft a traffic mitigation plan, and will
review the schedule and mitigation plan on an annual basis. The proposed tent is compliant with the
AACP as it adds to the "continued vibrancy of arts and culture as part of our community".
The revised application identified major utilities (water and sewer mains -see Exhibit J) that run
directly under the existing temporary tent, and proposes to relocate the tent to the north to avoid
interference with access to the mains. If located on the easements, ACSD will require a revocable
Page 6 of 11
license to allow the terrace to be located over the easement and utilities, pending information explaining
the material of the terrace, and will need to allow for any additional easements that may be required for
access. The floor material in the current temporary configuration is crushed gravel over natural
grade. The new permanent floor material would be either concrete (off) or asphalt (on), depending
on whether the tent is located on or off the utilities.
Pazks has requested a detailed tree protection plan, an approved tree permit and proper tree
protection. All new plantings will need to be imgated and the landscape plan reviewed by the Parks
Department. Although the current temporary use tent has a crushed gravel base for a floor material,
the original approvals required the material to cover, not remove the native vegetation. The proposed
permanent, summer-only tent will require removal of vegetation, topography changes, and an
increase in impervious surfaces with the addition of a terrace, additional paths, and fire truck access
roads.
The Fire Marshall has required a fire truck access road with a turnaround (hammerhead), with a width
requirement of (minimum) 14' with 1' each side for road base.
The Land Use Code states; "the dimensional requirements which shall apply to all permitted and
conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual
development plan and final development plan, pursuant to Chapter 26.440, specially planned area.
Staff finds that the proposal meets the requirements of the underlying Academic (A) zone district,
and is compatible, or enhances the mix of development in the immediate vicinity of the parcel in
terms of land use, height, bulk, architecture, landscaping and open space. There will be an increase
of 5'-3 in height from the existing temporary tent to the new `Tentnology' structure; the overall
height from 20'-3 (existing ridge) to 25'-6 (at the peaks) and 20'-0 (at the low point of the valleys).
Although the height has increased, the variations in the ridgeline, sloping ends, and mesh sides
improve (from the existing the aesthetics and architecture of the new `Tentnolo~' structure. The
landscape and open space will be affected by the creation of a new terrace, fire safety hammerhead,
relocation of the bike path, and introduction of a berm with screening landscaping. However, using
pervious material to minimize the amount of asphalt, using deciduous trees (for summer-only
screening), and a reconfiguration of the bike path to provide an option of walking north or south of
the tent adequately mitigates for the disruption of the existing site plan. Staff recommends that the
applicant hold annual meetings to coordinate schedules with both the MAA and the City of Aspen
Transportation and Engineering Departments to resolve any potential concurrent event conflicts,
and to properly control to traffac generated by tent events.
GROWTH MANAGEMENT QUOTA SYSTEM:
With Ordinance 14, Series of 1991 (Exhibit G), the City Council granted final approval of the Aspen
Meadows Specially Planned Area (SPA), which also granted a Growth Management exemption for
an Essential Public Facility. Included in the Aspen Meadows SPA Agreement and considered to be
an Essential Public Facility is the Aspen Institute (see pages 16-18 of the SPA Agreement -attached
as Exhibit H). As the Aspen institute has been considered an essential public facility in the past (Ord.
14 -Exhibit G), it is logical to continue to consider it an essential public facility.
When determined to be "an essential public facility, upon recommendation from the Planning and
Zoning Commission" "the City Council may assess, waive or partially waive affordable housing
mitigation requirements as is deemed appropriate and warranted for the purposes of promoting civic
uses and in consideration of broader community goals".
Page 7 of I 1
Pursuant to Section 26.470.100, Calculations, "each Essential Public Facility proposal shall be
evaluated for actual employee generation". The applicant proposes no additional employees will be
generated in the employee analysis provided with the application (please see Exhibit C). The City
Council may assess, waive, or partially waive, affordable housing mitigation requirements.
APCHA Staff recommends that the applicant submit an employee audit prior to building permit
issuance and two years after issuance of C.O. the form and methodology of the audit shall be
reviewed by APCHA and be consistent for both audits. The applicant shall provide mitigation for any
increase in employees unless otherwise waived by City Council.
Staff fonds that the proposal meets the reguirements of "a facility which serves an essential public
purpose is available for use by, or benefit of, the general public and serves the need of the
community ". The addition of 400-750 seats in the permanent tent (which is approximately the same
capacity as the existing temporary use tent) allows for larger scale events to be held at the Institute.
For the proposed permanent tent, APCHA Staff is requiring that an employee audit be submitted
prior to building permit issuance and two years after C.O. Staff recommends the City Council waive
the affordable housing mitigation requirements (as the Institute has been determined to be an
essential public facility, in Ordinance 14, Series of 1991), but recommends requiring an employee
audit to show that there is not an increase in employees.
REFERRAL AGENCY COMMENTS:
The City Engineer, Zoning Officer, Parks Department, Fire Mazshal, Aspen Consolidated Sanitation
District, Building Department, Housing Department, Historic Preservation Officer, Utilities,
Transportation, and Parking Departments have all reviewed the proposed application and their
requirements have been included as conditions of approval when appropriate.
STAFF RECOMMENDATION:
Initially, in the first proposal, the removal of existing plantings and increase in non-landscaped
surfaces, paved trails and vehicular access ways detracted from the existing pedestrian experience,
and did not enhance the mix of development in terms of open space (relationship to Anderson Pazk)
and landscaping. However, with reductions in tent size, limiting impervious surfaces, moving the
pedestrian path (from within 15 feet from top of slope), and landscape screening for the tent and
temporary facilities the proposal has addressed the concerns of the neighbors, Planning and Zoning
Commission, and Community Development Department. p
Staff recommends that the City Council approve the application with conditions.
Specifically, Staff recommends
• Conditions of Aaaroval
1) The applicant shall provide a drainage plan, grading plan, and transportation plan
(mitigating for Tent events) as approved by the City Engineer.
2) The transportation plan and scheduling of events shall address the number of
concurrent events, increasing the mitigation and management for overlapping events
as approved by the City Engineer.
3) The institute shall not exceed twenty (20) days per year at the Greenwald Pavilion.
4) No private events shall be held at the Greenwald Pavilion (weddings, etc.)
5) All events must comply with City of Aspen sound ordinance requirements.
Page 8 of 11
6) The Greenwald Pavilion shall comply with the requirements of the ACSD and
Public Works (no tent or structures over the utility easements) to allow for emergency
access.
7) Landscape screening on the north side of the tent and around the toilet facilities
shall be provided aoound the north and west edges of the temporary facilities (port-o-
potties with a minimum of one (1) ADA stall required).
8) At least one (1) pedestrian path through the Paepcke Memorial Garden shall be
accessible (ADA -all paths must be firm, stable, and slip resistant).
9) The Tent dimensions (attached in the Ordinance as Exhibit A) aze to be 55' x 134'
in plan, 25'-6 in height to the peaks, and 20-0 in height at the low point of the valleys
10) The Tent is to be used approximately from the last Mon. in June to the 4th
Sunday in August (with set-up one week before and take down one week after the
final Sunday of events)
RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE):
"I move to approve Ordinance No.~, Series of 2009, approving with conditions the Specially
Planned Area (SPA) Amendment and Growth Management Quota System (GMQS) review for the
Aspen Institute's Greenwald Pavilion - a permanent, summer-only tent."
ATTACHMENTS:
ExlttatT A -SPA Amendment, GMQS Staff Findings
EXHIBIT B -Applicant Supplemental Information -SPA, GMQS criteria -letter dated 6/30/2008
Exx1s[T C -Applicant Supplemental Information -Employee Analysis -letter dated 8/18/08
EXHIBIT D -Applicant Supplemental Information -Traffic & Parking Memo -email dated 8/19/08
Exxtg[T E - DRC Comments - APCHA, Pazks, Transportation & Pazking, Engineering, and Zoning
Exx1g1T F -Historic Preservation Commission Minutes - 5/28/08 (continued), 7/23/08 (approved
with conditions), November 12, 2008 (continued), and January 14th (final approval)
Exx1131T G -Ordinance No. 14, Series of 1991 -Final Approval of the Aspen Meadows Specially
Planned Area (SPA)
Exx1s[T H -The Aspen Meadows Specially Planned Area Development & Subdivision Agreement
Exx1s[T I -Revised Plan, Elevations -December 9.2008 submission -Tent Utilities and 2"a
Alternate location (over sewer and water mains) -Schemes "B" and "A" and associated letter
EXHIBIT J -Planning and Zoning Commission Minutes - 10/16/08 (January 6`h Minutes not
available at time of 1st reading)
EXHBIT K -Revised Plans (Proposed Plan A-2 and landscape plan) -December 30, 2008
submission -Alternate location (off of sewer and water mains)
Exx16tT L -Applicant Supplemental Information -Greenwald Tent Mitigation Plan (traffic) -
Working Sa' draft -dated 2/7/09
Page 9 of 11
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(before the Greenwald Pavilion tent)
Page 10 of 1 l
Page 11 of 11
Site Plan: The Aspen Institute, north portion of the lot (including the 12/30/08 "A-2" proposal
for the Greenwald Pavilion tent)
ORDINANCE N0. ~,
(SERIES OF 2009)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND
GROWTH MANAGEMENT REVIEW FOR A PERMANENT, SUMMER-ONLY TENT,
LOCATED UPON LOT 1-B OF THE ASPEN MEADOWS SUBDIVISION, COMMONLY
KNOWN AS THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET
PARCEL ID: 2735-121-29-809
WHEREAS, the property commonly known and referred to as the "Aspen Meadows" has
previously been designated a specially planned azea (SPA) on the City of Aspen Official Zone
District Map; and
WHEREAS, Ordinance No. 14, Series of 1991, of the City Council of the City of Aspen,
granted final approval of the Aspen Meadows Specially Planned Area (SPA) final development
plan, and associated land use approvals; and
WHEREAS, in 1992, the First Amended Plat was approved to reconfigure the
subdivision to create Lot 1-B, a pazcel that is 13.160 acres and has three existing buildings; the
Bechter Building, the Koch Seminar Facility, and the Paepcke Auditorium building.
WHEREAS, in 1995, the Second Amended Plat was approved, allowing modifications
to the Seminaz Building, defining dimensions and setbacks with a supplemental site plan.
WHEREAS, the Institute has been operating asummer-only tent as a temporary use from
2005 through 2008 for special events that exceed the capacity of existing meeting rooms on the
Institute campus; and
WHEREAS, the applicant, The Aspen Institute, represented by Jim Curtis, Planner,
requested conceptual major development approval for a permanent, summer-only tent, located at
1000 N. Third St., Aspen Institute, Aspen Meadows, Lot 1 B, City and Townsite Aspen; and
WHEREAS, at their regular meeting on July 23, 2008 (after the heazing was noticed,
opened, and continued from May 28, 2008 and July 23, 2008), the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
(conceptual) application with conditions by a vote of 5 to 0.
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area (SPA); and,
WHEREAS, during a duly noticed public heazing continued to January 6, 2009, upon
further public testimony, discussion and consideration, the Planning and Zoning Commission
adopted Resolution No. 35, Series of 2008 by a five to zero (5-0) vote; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all the applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
WHEREAS, during a duly noticed public hearing on March 9, 2009, the Aspen City
Council approved a (Consolidated) SPA amendment to allow for a permanent, summer-only tent,
and for Growth Management Quota System to be determined an Essential Public Facility, as
described herein, by a vote of to ( -~~
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council approves a Consolidated Specially Planned Area (SPA) Amendment and Growth
Management Quota System Review for conceptual major development approval for a permanent,
summer-only tent, located at 1000 N. Third St., Aspen Institute, Aspen Meadows, Lot 1B, City
and Townsite of Aspen, with the following conditions:
Conditions of Aauroval
1) The applicant shall provide a drainage plan, grading plan, and transportation plan
(mitigating for Tent events) as approved by the City Engineer.
2) The transportation plan and scheduling of events shall address the number of
concurrent events, increasing the mitigation and management for overlapping events
as approved by the City Engineer.
3) The institute shall not exceed twenty (20) days per year at the Greenwald Pavilion.
4) No private events shall be held at the Greenwald Pavilion (weddings, etc.)
5) All events must comply with City of Aspen sound ordinance requirements.
6) The Greenwald Pavilion shall comply with the requirements of the ACSD and
Public Works (no tent or structures over the utility easements) to allow for emergency
access.
7) Landscape screening on the north side of the tent and around the toilet facortieos
shall be provided around the north and west edges of the temporary facilities (p
potties with a minimum of one (1) ADA stall required).
8) At least one (1) pedestrian path through the Paepcke Memorial Garden shall be
accessible (ADA -all paths must be firm, stable, and slip resistant).
9) The Tent dimensions (attached as Exhibit A) are to be 55' x 134' in plan, 25'-6 in
height to the peaks, and 20-0 in height at the low point of the valleys
10) The Tent is to be used approximately from the last Mon. in June to the 4th Sunday
in August (with set-up one week before and take down one week after the final
Sunday of events)
Section 2: Building
The Applicant shall meet adopted building codes and requirements in effect at the time a
building permit application is submitted. This may include a newly developed efficient Building
Program for Commercial projects if adopted prior to submission of a building permit application.
Accessible routes to any public right-of--way and accessible parking spaces will be required. The
proposed project will be subject to the newly adopted Use Tax on building materials. .
Section 3: Engineering
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code,
Title 21, and all design and construction standards published by the Engineering Department.
Section 4• Affordable Housing Audit
The applicant shall submit an employee audit prior to building permit issuance and two years
after issuance of C.O. the form and methodology of the audit shall be reviewed by APCIIA and
be consistent for both audits. The applicant shall provide mitigation for any increase in employees
unless otherwise waived by City Council.
Section 5: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not
limited to access (International Fire Code (IFC). Fire appazatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to
provide all-weather driving capabilities (this provision does not specify a particular type of
surface. It is written in performance language; therefore, the surface must carry the load of the
anticipated emergency response vehicles and be drivable in all kinds of weather). If grass pavers
are to be used, they must be installed to meet the above standazds. The grass paved areas must be
maintained. The grass paved areas must be delineated from adjacent landscaping.
Section 6: Public Works
The Applicant shall comply with the City of Aspen Water System Standazds, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility
placement and design shall meet adopted City of Aspen standards. No structures shall be
permitted over the utility easements. Emergency access to service the utilities shall be provided
at all times.
Section 7• Sanitation District Requirements
Permanent improvements are prohibited m sewer easements or right of ways including hard
landscaping which will impact public ROW or easements owned by the district. A revocable
license issued by the district to the Institute will be required to construct a terrace on the district's
easement. Prior approval of construction material for the terrace will be required. Additional
access easements will be required from the applicant to the district to facilitate the district's
ability to maintain the main sanitary sewer lines. Service is contingent upon compliance with the
District's rules, regulations, and specifications, which are on file at the District office. ACSD will
review the approved Drainage plans to assure that cleaz water connections aze not connected to
the sanitary sewer system. On-site utility plans require approval by ACSD. ACSD will not
approve service to food processing establishments retrofitted for this use at a later date. Driveway
entrance drains must drain to drywells, elevator shafts drains must flow thru o/s interceptor.
Permanent improvements are prohibited in sewer easements or right of ways. All ACSD fees
must be paid prior to the issuance of an excavation/foundation or access/infrastructure permit.
Section 8: Dimensional Standards
The dimensional requirements which shall apply to this tent are represented in Exhibit A,
attached to this ordinance.
Section 9: Parks
An approved tree permit is required before submission of the building permit set (decrease the
amount of spruce trees, increase in aspen, cottonwood, Douglas fir, and service berry bushes).
The new grading and planting will require City seed mixes and approval of the landscaping. All
new plantings will need to be irrigated and the landscape plan reviewed by Pazks Department.
Tree protection fences must be in place and inspected by the city forester or his/her designee
before any construction activities are to commence. No excavation, storage of materials, storage
of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip
line of any tree on site. Hand work only will be approved within the protection zones and for the
re-opening of the irrigation ditch.
Section 10• Transportation
The Institute shall meet with the City of Aspen Transportation Department Staff prior to each
summer season to discuss their schedule of events and associated transportation/pazking impacts
as well as mitigation such as increased shuttle service, etc. The Institute shall communicate with
event staff/attendees about alternative transportation options prior to lazge events.
Section 11:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby incorporated
in such plan development approvals and the same shall be complied with as if firlly set forth
herein, unless amended by an authorized entity.
Section 12:
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 13:
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 14:
A public hearing on this ordinance shall be held on the 9th day of March, 2009, at a meeting of the
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen
Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 23rd day of February, 2009.
Attest:
Kathryn S. Koch, City Clerk
Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this 9th day of March, 2009.
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
Michael C. Ireland, Mayor
List of Exhibits
Exhibit A -Plan, Section, Elevations, Greenwald Pavilion (Tent) Dimensions, Approved Site Plan
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TO:
FROM:
~BH(ZOl'~1a31H(Z
Mayor and Members of Council
John P. Worcester
- :t
the CiIY of psaen
City paerneV~ OIRce
DATE: March 9, 2009
~; Resolution Setting Ballot Question -Sale of Former Youth Center Property
to Aspen Art Museum
At Council's work session of March 2, 2009, representatives of the Aspen Art Museum
presented a citizen petition to Council requesting that Council place on the May 2009 election a
ballot question seeking voter approval authorizing the City Council to sell to the Aspen Art
Museum the former Youth Center building, the property it sits on, and suttounding areas for the
construction of a new art museum building. The City Council, following a presentation by the
Aspen Art Museum folks and public comment, directed the City Attorney's Office to draft ballot
language that would accomplish the Aspen Art Museum's request.
Attached hereto is a resolution that, if adopted, would place on the May 5, 2009, municipal
election a ballot question seeking voter approval for City Council to sell the property identified
by the Aspen Art Museum for the construction of a new art museum building.
The City owned properties proposed to be sold are depicted on Exhibit "A" appended to the
proposed resolution. Please note that the properties proposed to be conveyed to the Aspen Art
Museum include not only the property beneath the former Youth Center building, but some areas
surrounding the building footprint.
Finally, please note that should Council place this question on the ballot, and the ballot question
is approved by the voters, City Council is not required to sell the City owned property. Passage
of the ballot question would, however, grant to City Council the legal authority to sell, should it
choose to do so, the identified properties to the Aspen Art Museum upon terms and conditions
that Council determines to be in the best interests of the City.
Should you have any questions, please feel free to stop by my office.
cc: City Manager
JPW-saved: 3l3/2009-321-G:\john\word\memos\artmuseum.doc
MEMORANDUM
T0:
Honorable Mayor and City Council
FROM: Aspen Art Museum
DATE OF MEMO: February 27, 2009
RE: Aspen Art Museum May 5th Ballot Request
REQUEST OF COUNCIL: As the Aspen Art Museum (AAM) understands that the voters of
the City of Aspen must approve the sale of any public property to a private entity (Home Rule
Charter for the City of Aspen, June 16, 1970, Section 13.4), the AAM respectfully requests
City Council place a measure on the May 5, 2009 City of Aspen ballot that would grant
authorization to City Council to allow the sale of the former Youth Center property (Lot 4
Amended, Rio Grande Subdivision) to the Aspen Art Museum for the purpose of constructing
a new museum. The AAM further understands that the terms and conditions of any potential
sale of this property would need to be deemed to be in the best interest of the City of Aspen.
WHY NOW: Upon the necessary approvals from City Council and the citizens of Aspen, the
AAM is fully prepared to begin construction on this project. In order for a project of this
nature to succeed, many factors must come together at once. For the first time in its thirty-
yearhistory, the AAM has the clear direction, community interest, committed leadership, and
financial capacity necessary to create a new art museum for Aspen pending the authorization
to Council from the citizens of Aspen to pursue the sale of the land.
Currently the AAM has $28,500,000 in pledges to finance this project with private donations.
The AAM has expended funds on a conceptual design by its architect and intends to have a
proper SPA application ready for review should the May 5, 2009 vote support the sale of the
land. Considering the current economic climate, this is an opportune time for this project.
The construction of a new museum for Aspen will infuse significant funds into the local
economy through the purchase of the land and construction related expenditures. The
current economic challenges should also facilitate lower construction and building materials
costs and thus allow the new museum to maximize every dollar spent on amenities for the
community.
FINANCIAL IMPACT: The AAM has indicated its willingness to pay a fair price for the land in
question. While that price has not been negotiated, both the City and the AAM have ordered
appraisals of the property.
The AAM believes this project is "shovel ready." The AAM has the necessary funds to
purchase the property and commence construction. The proposed new museum would cost
an estimated $20,000,000 in addition to any land cost, 100% of which would be privately
funded. The AAM is not requesting any funding from the City of Aspen or taxpayers for the
Page 1 of 4
acquisition of the land or construction of the new building. Furthermore, the museum is free
to all visitors, so the subsequent use of the facility would not be a burden to the public.
This project is civic in nature. The AAM is not a commercial entity. The AAM and its
proposed new museum are in noway commercially driven projects. The inclusion of the AAM
in the Galena Plaza area would create an unprecedented "Free Zone" in the core of Aspen by
coupling the museum with the Pitkin County Library to form a place where citizens have
access to free community resources year-round.
Included in the plans for the new museum is an affordable commercial space for a locally
owned and locally serving restaurant. The AAM is also committed to mitigating any housing,
parking, or traffic issues as part of the process.
BACKGROUND: The AAM is a longstanding partner with the City of Aspen. This partnership
began in 1979 when the Aspen Center for Visual Arts was established. At that time the City
spent $340,000 to purchase the Holy Cross Power Plant Building and convert it into the
space that currently houses the museum. For thirty years the AAM has leased the space
from the City and in that time has been a good tenant.
The 2006 City of Aspen Civic Master Plan supported "the Aspen Art Museum's exploration of
downtown locations in collaboration with the City of Aspen." In that same document,
numerous challenges related to the AAM's current site were detailed including parking
limitations, the building's historic designation which precludes any changes to the building,
floodplain and environmental challenges, and the challenge of wayfinding to the site. The
AAM addressed and satisfied five of the eight Relevant Core Principles.
At the invitation of the City of Aspen the AAM became an active member in the ZG Master
Planning process commencing in 2007; a joint project between the five parties, City staff, and
the citizens of Aspen. The AAM was an active partner in the process contributing both
strategic thinking and financial support.
While the ZG Master Plan has not been formally adopted, two significant conclusions
regarding to the AAM arose from the ZG Master Plan. First, consensus among the
participants was that the AAM should occupy the former Youth Center Site. Second,
consensus among the five participating parties was that the AAM was best positioned to be
the first phase of that overall redevelopment project.
The current Community Vision for the Aspen Area places a renewed emphasis on the Aspen
Idea. In the recent Community Vision clicker sessions two deficiencies in the area of arts and
culture were identified. The AAM has the potential to alleviate both. First, participants cited
the cost of entry to arts and culture as a hindrance to attendance. As the AAM is free, it is a
community resource that should be emphasized. Second, participants indicated that Aspen,
while strong on the "Body" aspect of the Aspen Idea, should do more work to honor the "Mind
and Spirit," elements of the Aspen Idea that the AAM embodies.
The AAM has retained the services of Shigeru Ban as its design architect. Mr. Ban creates
designs that are sensitive to the environment and surroundings of each project. Ban has
Page 2 of 4
been called the "accidental environmentalist" for, among other things, his uncanny ability to
make the most out of whatever is available. He also has a significant reputation as a
humanitarian, having responded to natural and manmade disasters in New Orleans following
2005's hurricane Katrina, the devastating 2008 earthquake in Sichuan, China, and beginning
in 1994 aiding refugees of the Rwandan Civil War.
The AAM has hired Gilbert Sanchez as the architect of record. Mr. Sanchez has a strong
reputation for his work on civic projects in the region and served on the Civic Master Plan
Advisory Group for six years, formerly served on the Historic Preservation Commission, and
currently serves on the Historic Preservation Task Force.
Mr. Ban has completed a conceptual design for the new facility located on the former Youth
Center site. The AAM plans to share the proposed design of the new museum with the public
in advance of the May 2009 election.
FREQUENTLY ASKED QUESTIONS:
What is wrong with the current site of the AAM?
There are significant limitations to both the AAM's picturesque location and the historic
structure that currently houses the museum. Many of these limitations were outlined by the
2006 City of Aspen Civic Master Plan. What that document does not take into account is the
explosion of interest in the AAM in recent years. In the last twelve months more than 24,500
visitors have come to the museum and there are currently more than 1,000 active and
supporting members. By the end of the current school year more than 2,000 students will
visit the museum -one of only four accredited museums in Colorado and the only one on the
western slope.
The current facility has served the AAM well for 30 years. It successfully served as an
incubator for an organization that had an operating budget of $190,000 in 1979 and now
sustains operational expenses of more than $2,750,000. The current space, which is being
leased by the AAM for $10 per year through 2029, has the opportunity to once again enhance
the community in a variety of ways.
Why should the AAM be allowed to purchase the former Youth Center property and not
another not-for-profit?
The AAM is the only cultural organization that offers programming to the citizens of Aspen
year-round. The AAM frequently collaborates with other organizations including the Aspen
Institute, Aspen Music Festival and School, Aspen Writer's Foundation, Aspen Center for
Environmental Studies, Pitkin County Library, Pitkin County Jail, Jazz Aspen Snowmass,
Aspen Santa Fe Ballet, and Buddy Program, among many others.
The AAM has the support of these organizations and more for the proposed new museum
project. The plans for the new museum include additional amenities for the citizens and non-
profits of Aspen to utilize, including amulti-purpose classroom facility, meeting rooms, and
public spaces.
Page 3 of 4
The former Youth Center is a valuable community asset -why should the Citygive it up?
It is important to first note that the former Youth Center was not designed for many of its
current uses including office space. The limitations of that space must be acknowledged. It
is also important to note that the former Youth Center is insignificant disrepair.
The plans for the new museum would accommodate many of the needs that the former
Youth Center site currently serves. Furthermore, upon completion, the Holy Cross Power
Plant building -the current home of the AAM -would be available for a variety of uses by the
public and various groups.
How can we be sure that the AAM will not be requesting City support for the construction or
eventual operation of the new facility?
The AAM gratefully receives an annual operating grant from the City of Aspen in the amount
of $32,000. The AAM appreciates this support of its programs and hopes that those funds
will continue to be granted on an annual basis.
As part of its fundraising efforts for the project, the AAM has secured significant
contributions for its permanently restricted endowment funds. These funds will ensure that
the appropriate revenue is in place for the fiscally responsible operation of a new museum.
As part of the AAM's strategic plan, short and long term goals for its fundraising efforts are to
steadily grow in order to be at full capacity to support the expanded operations in a new
facility.
In addition to these funds, the AAM has an operating reserve account as well as an additional
reserve account designated by its Board of Trustees for operations in a new facility.
Will the new museum still be free?
Yes. The AAM has a commitment for free admission to the museum through the first ten
years in a new facility and plans to pursue the permanent endowment of admission.
CONCLUSION: The AAM respectfully requests that the voters of Aspen be given the
opportunity to authorize Council to sell the former Youth Center property to the AAM for the
construction of a new Aspen Art Museum.
Page 4 of 4
RESOLUTION NO. 14
(Series of 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
REFERRING TO THE ELECTORATE OF THE CITY OF ASPEN A BALLOT
QUESTION SEEKING AUTHORIZATION TO SELL THE "FORMER YOUTH
CENTER" AND CERTAIN SURROUNDING PROPERTIES TO THE ASPEN ART
MUSEUM FOR THE CONSTRUCTION OF A NEW ART MUSEUM BUILDING.
WHEREAS, the City of Aspen owns the property upon which is located a building
known as the "former Youth Center" on the Rio Grande Subdivision, the stairwell serving
the parking garage, and a trail and transit easement that runs adjacent to the former Old
Youth Center building (more fully described as: (1) Lot 4, Rio Grande Subdivision; (2) the
Adjustment Parcel "A", Area "A;" (3) Adjustment Pazcel "B", Area "B;" and, (4) a portion
of the Trail and Transit Easement area located to the southerly and easterly side of
Adjustment Parcel "A," and to the easterly side of Adjustment Pazcel "B," all of which are
shown on the Rio Grande Subdivision and Pitkin County Center Subdivision Lot Line
Adjustment Plat recorded in the Pitkin County Clerks Office as Book 61, Page 19, with
reception No. 469504;) and depicted on Exhibit "A" appended hereto; and,
WHEREAS, the former Youth Center building is cunently used by the City of
Aspen for a community meeting room, office space for city staff, and a public restaurant;
and
WHEREAS, the Aspen Art Museum, a Colorado not-for-profit corporation, has
submitted a petition, signed by citizens of Aspen, residents of the Roaring Fork Valley, and
their guests, to the Aspen City Council requesting that the City Council obtain the
authorization from the voters of the City of Aspen to sell the former Youth Center property,
building, and certain surrounding properties to the Aspen Art Museum for the purpose of
constructing a new art museum building; and
WHEREAS, Section 13.4 of the Aspen City Charter prohibits City Council from
selling, exchanging or disposing of public buildings or real property in use for public
purposes without first obtaining the approval of a majority of the City of Aspen electors
voting thereon; and
WHEREAS, the City Council is impressed by the number of petitioners who have
requested City Council to consider selling the former Youth Center to the Aspen Art
Museum for the construction of a new art museum building; and
WHEREAS, the City Council desires to provide the electors of the City of Aspen
with an opportunity to authorize City Council to sell City owned properties, including the
former Youth Center property, to the Aspen Art Museum on terms and conditions, including
sales price, that is determined by the City Council to be in the best interests of the City of
Aspen; and,
WHEREAS, there is currently scheduled a general municipal election for May 5,
2009.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
The following question shall be placed on the ballot at the May 5, 2009, municipal
election:
CITY OF ASPEN REFERENDUM -SALE OF FORMER YOUTH CENTER
PROPERTY AND BUILDING
Shall the City Council be authorized to sell the property and building lrnown as the
former Youth Center and certain adjacent properties located next to the Galena
Street Plaza (as more fully described in Resolution No. 14, Series of 2009) to the
Aspen Art Museum for the construction of a new art museum building, on such
terms and conditions, including sale price, as determined by the City Council to be
in the best interests of the City of Aspen?
Yes
No
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the day of , 2009.
Michael C. Ireland, 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: 3/2/2009-572-G:\john\word\resos\ballo[09-YouthCneter.doc
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