HomeMy WebLinkAboutagenda.council.regular.20101108 CITY COUNCIL AGENDA
November 8, 2010
5:00 P.M.
I. Call to Order
11. Roll CaII
111. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT
on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) 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) Resolution #90, 2010 - Contract for Compost Grinder
b) Resolution #91, 2010 — Amendment to Wheeler Basement Design Contract
c) Minutes — September 8, 20, October 12, 25, 26, 2010
VII. First Reading of Ordinances
a) Ordinance #28, 2010 — Revised Historic Preservation Aspen Modern P.H. 11/22
VIII. Public Hearings
a) Ordinance #24, 2010 - Supplemental Appropriation
b) Resolution #92, 2010 — 604 W. Main Extension of Vested Rights
c) Ordinance #23, 2010 — 1102 Waters Avenue Ordinance #48 Negotiation
d) Ordinance #17, 2010 — Code Amendment - Signs
e) Ordinance #22, 2010 — Rezoning Given Institute /Ordinanace #48 Negotiations continue
to
f) Ordinance #16, 2010 — Castle Creek Hydro Power Continue to 1/10/11
g) Ordinance #27, 2010 — Code Amendments — Calculations & Measures
IX. Action Items
X. Adjournment
Next Regular Meeting November 22, 2010
COUNCIL'S ADOPTED GUIDELINES
✓ Stick to top priorities
✓ Foster a safe, supportive, innovative environment that encourages creativity and acceptable risk -
taking
✓ Create structure and allow adequate time & resources for citizen processes. Demonstrate and invite
onfiic licfcn inn
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
Via.
MEMORANDUM
TO: Mayor and Council
THRU: Lee Cassin, Director of Environmental Health
FROM : Ashley Cantrell, Environmental Health Specialist
DATE OF MEMO: November 1, 2010
MEETING DATE: November 8, 2010
RE: Contract for Purchase of Compost Grinder
REQUEST OF COUNCIL: The Environmental Health Department is requesting Council
approve a contract with Bill's Volume Sales West to purchase a Roto -Mix Waste Pro Composter.
The total amount of the contract is hot to exceed $58,658 and it is fully funded by a state grant.
An Invitation to Bid was issued for this project.
The Environmental Health Department is recommending City Council approve the contract to
Bill's Volume Sales West for the amount of $58,658.
PREVIOUS COUNCIL ACTION: Council approved a supplemental budget request on
August 23, 2010 in the amount of $94,000, a portion of which is to be spent on the purchase of a
compost unit.
BACKGROUND: In the spring of 2010, Environmental Health and Pitkin County Solid Waste
Center applied for a grant from the Pollution Prevention Advisory Board, part of the Colorado
Department of Public Health and Environment (CDPHE). In June of 2010, the CDPHE awarded
the City of Aspen $94,000 to spend on collecting food and paper waste from local businesses for
composting and to purchase food waste processing equipment to allow the existing compost
operation at the Pitkin County Landfill to compost restaurant food waste. The focus of this
project will be to successfully separate food and paper waste from the trash at local businesses
and to work with waste haulers to deliver this material to the landfill, where it will be properly
composted, using the new compost equipment.
The compost grinder will be delivered to the Pitkin County Landfill, where the County will
operate and maintain the equipment. The specific use and maintenance agreement will be
discussed in an upcoming City Council meeting, where Council will be asked to review an
Intergovernmental Agreement that is currently being drafted.
1
DISCUSSION: Over the last year, nearly 20 businesses have expressed interest in composting
food waste. Currently, there are no resources available to a business that wishes to start
composting food waste. The landfill does not have the necessary equipment to process
compostable material on a regular basis, and businesses do not have the know -how or resources
to properly separate and deliver this waste to the landfill. With funding from the CDPHE, the
City and County will be able to assist businesses in composting by providing collection bins,
signs, training, and ongoing support. In addition, the funding will be used to purchase a new
compost grinder that is needed at the landfill to correctly process food, paper and waxed
cardboard. Without this grant project, Aspen businesses will continue to throw away food waste,
a valuable commodity that can be made into useable soil. By moving ahead with this project,
Aspen will be taking one more step towards protecting our environment and leading the way in
Colorado with our innovative environmental programs. This is the first step towards establishing
a permanent compost operation in the upper Roaring Fork Valley that could one day be used by
all residents and businesses. This program will act as a great example for other communities to
follow, and the partnership with Pitkin County will ensure success.
FINANCIALBUDGET IMPACTS: The $56,658 for new equipment at the landfill will be
100% reimbursed by CDPHE. Staff included this in the 2010 fall supplemental request for
revenue and expenditure budget authority.
ENVIRONMENTAL IMPACTS: According to a waste composition study conducted in 2009,
between 60 -75% of Aspen's restaurant waste is compostable material. Thirty percent of all
material that is landfilled in Pitkin County is compostable. Food and paper waste is the next
category of waste that must be addressed to continue to preserve our landfill life and protect the
Aspen environment. The compost grinder is needed in order to process this waste.
RECOMMENDATION: Staff recommends award of the contract for purchase of the grinder to
Bill's Volume Sales West for the amount of $56,658.
ALTERNATIVES: Council can choose to not approve the contract for the compost unit. The
main concern with not moving forward with this project is the continued practice by businesses
to throw away and not properly process food waste.
PROPOSED MOTION: "I move to approve resolution #t 0 Series of 2010 approving the
contract for the food waste grinder purchase.
CITY MANAGER COM ENTS: i : _ - - - e a i , • y ' ei
2
RESOLUTION # `p
(Series of 2010)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO AND BILL'S VOLUME SALES WEST, SETTING
FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF
A ROTO -MIX WASTE PRO COMPOSTER AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract between the
City of Aspen, Colorado, and Bill's Volume Sales West, a copy of which contract
is annexed hereto and made a part thereof, and
WHEREAS, the Aspen Environmental Health Department has received a grant
from the Colorado Department of Health and the Environment to fund the full
purchase price of the grinder, in order to operate a pilot food waste compost
program, and
WHEREAS this contract will allow the city to reduce garbage volumes at the
landfill,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado and Bill's Volume Sales West regarding the
composter unit, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager of the City of Aspen to execute said
contract on behalf of the City of Aspen.
Dated: November 8, 2010
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***
Kathryn S. Koch, City Clerk
fla
CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009
SUPPLY PROCUREMENT
City of Aspen Project No.: 2010 - 068
AGREEMENT made as of 8th day of November, in the year 2010.
BETWEEN the City:
Contract Amount
The City of Aspen
c/o Environmental Health
130 South Galena Street Tay: $ 5A &6R.
Aspen, Colorado 81611
Phone: (970) 920 -5055
If this Agreement requires the City to pay
And the Vendor: an amount of money it excess of
$25,000.00 it shall not be deemed raid
Bill's Volume Sales West
urn it has been by the Cab
Council of the City of Aspen.
c/o Todd Stephens
1201 Hope Avenue City Council Approval:
Pierce, CO 80650
Phone: 888 - 978 - 0019 Date: November 8, 2010
Resolution No.:
Summary Description of Items to be Purchased:
Roto-Mix Waste Pro Composter, Trailer Unit
Exhibits appended and made a part of this Agreement:
Exhibit A: List of supplies, equipment, or materials to be purchased.
•
The City and Vendor agree as set forth below.
I. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A
appended hereto and by this reference incorporated herein as if fully set forth here for the sum
set forth hereinabove.
2. Delivery. (FOB 32045 Highway 82, Aspen, Colorado 81611)
[Delivery ]
3. Contract Documents. This Agreement shall include all Contract Documents as the
same are listed in the Invitation to Bid and said Contract Document are hereby made a part of
this Agreement as if fully set out at length herein.
4. Warranties. One year manufacturer's warranty.
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure
to the benefit of and be binding upon the City and the Vendor respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to
confer upon or grant to any third party or parties, except to parties to whom Vendor or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Vendor
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
7. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
8. Agreement Made in Colorado. The parties agree that this Agreement was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
9. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in any transaction with a Federal or State department or agency. It
further certifies that prior to submitting its Bid that it did include this clause without modification
in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event
that Vendor or any lower tier participant was unable to certify to the statement, an explanation
was attached to the Bid and was determined by the City to be satisfactory to the City.
12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(A) Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Vendor for the purpose of
securing business.
(B) Vendor agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(C) Vendor represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof, except those that may have been
disclosed at the time City Council approved the execution of this Agreement.
(D) In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Vendor; and
4. Recover such value from the offending parties.
13. Termination for Default or for Convenience of City. The sale contemplated by this
Agreement may be canceled by the City prior to acceptance by the City whenever for any reason
and in its sole discretion the City shall determine that such cancellation is in its best interests and
convenience.
14. Fund Availability. Financial obligations of the City payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise
made available. If this Agreement contemplates the City using state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Approval. If this Agreement requires the City to pay an amount of
money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City
Council of the City of Aspen.
16. Non - Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap,
or religion shall be made in the employment of persons to perform under this Agreement.
Vendor agrees to meet all of the requirements of City's municipal code, section 13 -98, pertaining
to nondiscrimination in employment. Vendor further agrees to comply with the letter and the
spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and
federal laws respecting discrimination and unfair employment practices.
17. Integration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council acting as a body at a council
meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on
behalf of the City. Any such Agreement or modification to this Agreement must be in writing
and be executed by the parties hereto.
18. Authorized Representative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he /she is an authorized
representative of Vendor for the purposes of executing this Agreement and that he /she has full
and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement
to be duly executed the day and year first herein written in three (3) copies, all of which, to all
intents and purposes, shall be considered as the original.
[SIGNATURES ON FOLLOWING PAGE]
FOR THE CITY OF ASPEN:
ATTEST: By:
City Manager
City Clerk
VENDOR:
Bill's Volume Sales West
By: A. Lai
1
0
Title
Exhibit A
Large Capacity Compost Mixer
Roto Mix 533 Waste Pro Composter — Trailer Unit
$50,058.00
Standard Equipment included on Compost Mixer Box
Roto -Mix 533 Waste Pro Composter — Trailer Unit — Pull Type
19.74 Cubic yard capacity
Heavy Duty drive system
Rotor processor compost mixer with knife kit
Stainless steel liners
540 PTO drive kit
36" W x 48" L discharge conveyor
Digi Star Scale and outside remote
Tractor HP — minimum of 100 HP
Compost Mixer Box Options $ 6,600.00
48" W x 74" L discharge conveyor
Freight $ 2,000.00
Total Cost $58,658.00
Vib
MEMORANDUM
TO: Mayor and Council
FROM : Steve Bossart, Capital Asset Project Manager
THRU: Scott Miller, Capital Asset Director
DATE: November 1, 2010
MEETING DATE:
RE: Wheeler Basement - Basement /1" Floor Renovation Planning /Design -
Contract Addendum - November 8 2010 Consent Agenda.
REQUEST OF COUNCIL: To approve a contract addendum with FMG Architects to
proceed with design work for the Wheeler basement, restaurant, retail spaces renovation.
SUMMARY: On October 25, 2010 City Council directed Staff to obtain a proposal to allow
the FMG and Rowland +Broughton design team to proceed with preparing design for
basement, retail, and restaurant renovation. Council toured the basement areas to observe the
numerous plumbing leaks, floor elevation issues, restaurant equipment, etc. $230,000 was
authorized for this purpose. The target date from the renovation work is immediately following
Labor Day Weekend in September 2011.
PREVIOUS COUNCIL ACTION: In January 2009, City Council directed Wheeler and
Capital Asset staff to continue conceptual planning for a proposed addition to the historic
Wheeler Opera House as described in the Wheeler 21 Century Master Plan (21CMP). FMG
Architecture was contracted to produce preliminary designs based on programming needs
determined by earlier research. However, at the December 7, 2009, meeting of City Council,
this work was suspended and Council directed Wheeler and City staff to conduct a
comprehensive, third -party needs assessment. Periodically through presentations to Council on
the 21CMP, Wheeler and City staff had noted the need to renovate the basement spaces as well
as do a comprehensive remodel of the two lease spaces at street level. At the conclusion of the
September 28 presentation to Council of the Needs Assessment, at the request of Wheeler
staff, Council directed Wheeler and Capital Asset staff to investigate renovations within the
Wheeler.
DISCUSSION: Staff intends to amend the existing contract with the FMG Architecture team
as they are already familiar with the programming requirements and the historical aspects of
the Wheeler. They are knowledgeable both in theater work and in historical renovation. They
1
will serve this work in an administrative capacity utilizing their Aspen based team member
Rowland + Broughton as architect of record. Since this scope of work is significantly smaller
than the larger 21CMP, we feel the delivery model could be expedited through the more
traditional Design/Bid /Build project delivery method. Staff will consider early procurement
and selection of a builder to provide pre - construction services and in this way will reap benefits
associated with Integrated Project Delivery. To design, approve, and construct the
improvements, as well as identify and contract with restaurant and retail tenants, all prior to
December 2010 will require an aggressive and cooperative schedule effort. FMG provided a
two part amendment including basement design at $211,100 and alternate site studies at
$54,250 - we propose to proceed with just the design services at the present time.
FINANCIAL IMPLICATIONS: The budget for design will total $230,000 including fees,
reimbursable expenses, geotechnical engineering services, staff costs, and contingency.
Preconstruction services will be evaluated at a later date.
OTHER RESOURCE IMPLICATIONS: Staff will issue an RFP for general contractor
preconstruction services to advise on constructability and options, and to provide current cost
estimates. The selected preconstruction contractor would likely, but not necessarily, be
selected for construction. Wheeler staff will need temporary office and maintenance space,
beginning in early to mid - August 2011 and extending until the late fall. This work may also
require the Wheeler to limit or suspend activity within the Wheeler during the September -
December period, depending on how the construction schedule affects the fall calendar.
RECOMMENDED ACTION: It is recommended that Council approve the Consent item for
the $211,100 amendment to the FMG contract.
ALTERNATIVES: NA
PROPOSED MOTION: "I move to approve the expenditure of $211,100 to effect design and
planning of Wheeler office and commercial spaces."
CITY MANAGER COMMENTS: 6 l e'< `a ti yu o,,a t9 cbriarra e
2
RESOLUTION #
(Series of 2010)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
ASPEN, COLORADO, AND FAREWELL MILLS GATSCH ARCHITECTS
LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING
DESIGN AND PLANNING SERVICES FOR THE WHEELER BASEMENT
FLOOR RENOVATION AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council an agreement
between the City of Aspen, Colorado, and the, a copy of which agreement is
annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that agreement
between the City of Aspen, Colorado, and Farewell Mills Gatsch Architects LLC
regarding design and planning services for the Wheeler basement floor
renovations for the City of Aspen, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contract on behalf of the City of Aspen.
Dated:
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, November 8, 2010
Kathryn S. Koch, City Clerk
FMG COPY
-eatAIA Document G802T" - 2007
Amendment to the Professional Services Agreement
Amendment Number: 004 -FMG #0901.5
TO: Steve Bossart
(Owner or Owner's Representative)
In accordance with the Agreement dated: January 12, 2009
BETWEEN the Owner:
(Name and address)
City of Aspen
130 South Galena Street
Aspen, CO 81611
and the Architect:
(Name and address)
Farewell Mills Gatsch Architects, LLC
200 Forrestal Road, 3rd Floor
Princeton, NJ 08540
for the Project:
(Name and address)
FMG #0901.5
Wheeler Opera House Expansion
320 East Hyman Avenue
Aspen, CO 81611
Authorization is requested
® to proceed with Additional Services.
® to incur additional Reimbursable Expenses.
As follows:
Refer to Sections titled "Interior Renovations" for Restaurant, Gallery and Office Scope of Work on attached
Proposal dated October 15, 2010 and Rev October 26, 2010
The following adjustments shall be made to compensation and time.
(Insert provisions in accordance with the Agreement, or as otherwise agreed by the parties.)
Compensation:
Compensation shall be a Fixed Fee of Two Hundred Eleven Thousand One Hundred Dollars ($211,100.00) plus
reimbursable expenses at 1.0 times cost.
HPC/P &ZACouncil (if required) - Hourly at standard rates.
Time:
Services will be completed by January 1, 2012.
MA Document G802"' — 2007 (formerly G606". — 2000). Copyright ® 2000 and 2007 by The American Institute of Architects. All rights reserved. WARNING:
This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, .1
or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AIA software at 10:10:58 on 10/27/2010 under Order No.9870143667_1 which expires on 09/12/2011. and is not for resale.
User Notes: (827869009)
SUBMITTED BY: / `-� AGREED TO:
1 �
(Signature/ (Signature)
Michael IL Schnoering, AIA, Partner For The City of Aspen
(Printed name and title) (Printed name and title)
/ 1. nl. 10
(Date) (Date)
AIA Document G8D2"' — 2007 (formerly G606"' — 2000). Copyright m 2000 and 2007 by The American Institute of Architects. All rights reserved. WARNING:
This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of thls AIA Document, 2
or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AIA software at 10:10:56 on 10/27/2010 under Order No.9870143667_1 which expires on 09/12/2011, and is not for resale.
User Notes: (827869009)
1609452 -1777 Farewell Mills Gatsch
F 609 - 452 -7192 a rc fl I efts LLC
200 Forrestal Road
Princeton, Ni 08540
www.Fmg- orch.com
15 October 2010
Revised 26 October 2010
Mr. Steve Bossart
Project Manager
Capital Asset Department
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: Wheeler Opera House
Sketch Study — Alternate Performance Venues
Interior Renovations— Basement Offices, Restaurant, and Gallery
FMG Project No. 0901
Dear Steve,
Farewell Mills Gatsch Architects, LLC (FMG) is pleased to present this proposal to provide professional
services for the continuation of the Wheeler Opera House project. We have followed the progress and
conclusions of the Needs Assessment prepared by Webb Management and we are excited by the prospect
of moving forward to further assess some of the report's conclusions and implementing some needed
renovations of the existing building.
Listed below for your consideration are: background information, the scope of services we propose to
provide, assumptions we have made, services excluded, our team, schedule, and proposed professional
fees.
BACKGROUND
The City of Aspen retained FMG to provide concept design services for a proposed expansion in early 2009.
This work included: programming; preliminary survey work; design of a number of approaches to
accommodating the program; development of the preferred option; outline specifications; narrative
descriptions for structural and MEP; and cost estimating for the various schemes. FMG has completed this
work and prepared and made presentations to the Historic Preservation Commission, the Planning and
Zoning Board, and obtained conceptual approvals. Additionally, FMG led a number of outreach sessions
with the public, and presented the project to City Council.
Following completion of the Concept Design, Aspen City Council requested the preparation of a Needs
Assessment to evaluate the need for the proposed program, prepared by an outside consultant. The
methodology and conclusions of this study were presented to Council as a final report in September 2010.
Many of the needs discussed during FMG's concept design process were validated, and alternate building
sites were discussed as potential ways of alleviating some of the challenges presented by the site adjacent
15 October 2010
Revised 26 October 2010
Mr Steve Bossart
Page 12
to the Wheeler. Primarily, two sites, the Aspen Art Museum and the former Youth Center at 455 Rio Grande,
were suggested as having the potential to house the performance spaces for the Wheeler's required
additional program. As with the Wheeler site, these sites present challenges to the overall operation, cost,
and logistics of an adaptive use and /or addition project to accommodate a new performance space and all
of the supporting spaces required.
Separately, the City of Aspen has discussed renovating the existing restaurant, administrative, and Gallery
spaces in the Wheeler as an initial construction project, possibly to occur in 2011. The objective would be to
provide a new restaurant interior, including bar and kitchen functions and support, as well as an improved
administrative office space and storage areas in the basement. Earlier studies by FMG indicate that
mechanical systems are in need of upgrade (particularly for the restaurant kitchen), finishes in the
restaurant are in need of replacement, and noise issues in the offices created by the restaurant functions
above are objectionable and not conducive to a properly functioning administrative space in the basement.
FMG has previously led the architectural and engineering team for the Wheeler, and this Proposal maintains
FMG as the lead architect, with adjustments to the team structure to address the specific needs of the
site /programming studies and the more immediate renovation.
The Scope of Services and Proposed Fees below are separated into two distinct projects that can proceed on
separate schedules. However, we recommend that the City consider performing the Alternative Site study
first, with schematic design for the renovations included, in order to ensure that immediate renovations to
the building are coordinated to the greatest extent possible with future renovations and additions.
Specifically, these include the coordination of a new grease trap, code - required kitchen exhaust, new
electrical service, and occupant fresh air ducts and HVAC equipment with limited space in and around the
existing historic building. If this approach is desired, FMG will work with the team to revise this proposal to
accommodate this approach.
SCOPE OF SERVICES
The following outlines the scope of services that FMG and our consultants will provide:
Alternative Site Studies
FMG will provide conceptual design services to quickly and efficiently evaluate the Art Museum and 455 Rio
Grande for their potential to accommodate the Wheeler's required second stage. The purpose of the study
is to determine if the alternative sites are viable for the intended use, and study the potential costs of
alterations and additions. Specifically, we will:
• Conduct a kick -off meeting and brief programming discussion to review the project goals, schedule,
program needs, and deliverables. The program will be divided between the required performance
elements for the second stage and required program improvements specifically for the Wheeler
Opera House.
• Visit the buildings to gain an understanding of conditions. This visit will include mechanical,
electrical, and structural engineers, who will visually survey their respective systems and provide a
report on the general capacity and layouts that pertain to the potential adaptive use.
• Produce sketch plan options and where appropriate massing studies for the Museum, 455 Rio, and
the Wheeler for review with the City and FMG's engineers. Revisions to the designs will be made
based on conversations with Wheeler staff and other City representatives, and final sketch plans will
15 October 2010
Revised 26 October 2010
Mr Steve Bossart
Page 13
be developed. System descriptions, including allowances for special systems such as performance
lighting and AV systems, will be compiled.
• Produce conceptual estimates for each of the three building options, including where appropriate
contingencies, allowances, soft costs, and other off -site and City fees that are known.
• Attend review meetings, either by teleconference or in Aspen. An allowance for on -site visits,
including the building survey, is included in the proposed fees below.
Interior Renovations: Restaurant, Gallery, and Offices
The Design Team will provide customary Pre- Design /Schematic Design, Design Development, Construction
Documents, Bidding and Negotiation, Construction Administration, and Closeout services for the Restaurant,
Gallery, and Offices. Services will include early analysis of 1) treatment of noise issues between the
restaurant and the offices and 2) the potential removal of the basement floor in the office areas to allow
greater ceiling height. Specific services are proposed as follows:
Schematic Design:
• The Design Team will conduct a kick -off meeting for the project, at which the schedule, budget,
program, and other requirements will be reviewed.
• A thorough building survey will be conducted by team members to visually review and document all
existing conditions. If necessary, areas for probes will be discussed and documented.
• The general scope and design parameters for the Work will be established. Preliminary selection of
MEP, structural systems, equipment, and materials will be made and reviewed with the City.
• Deliverables will include floor plans, a preliminary furniture layout, system descriptions, MEP
layouts, and an outline specification will be produced.
Design Development:
• The Design Development (DD) documents will be based on the approved Schematic Design
documents, including the Estimate of Probable Construction Cost. The DD documents will establish
and refine the scope relationships, forms, size and appearance of the project using plans, sections
and elevations, and will include typical construction details such as wall sections, roof details,
partition types, finish selections, lighting details, and preliminary systems sizing and layout. These
documents will further establish quality levels for all components of the project within the
established budget.
• The Design Team will develop the interior finish and lighting package, and will present options to the
City for approval.
• The Design Team will update the project schedule, and will include all known permit review and
other approval durations.
Construction Documents:
• The Construction Document Phase documents will be based on the approved Design Development
Documents. The documents will set forth in detail the requirements for every aspect of the
construction of the Project. The package will include drawings and specifications suitable for
competitive public bidding. City of Aspen front end documents will be incorporated into
specifications as required. During this phase we will submit progress documents for review by the
City to ensure compliance with the program and any City facilities standards.
Bidding, Construction Administration, and Close -out:
• Issue Bid Documents and attend a Pre -Bid Conference.
15 October 2010
Revised 26 October 2010
Mr Steve Bossart
Pagc 14
• Issue Addenda as required and address RFIs.
• Assist the City in the review of the Bids.
• Provide an On -Site Project Representative to conduct field visits and observation, conduct
inspections, and review contractor questions as required. One site visit/project meeting per week is
budgeted for architectural representation throughout the project. Engineering consultants will visit
the site at intervals appropriate to the progress of the work.
• Respond to RFI's (Request for Information)
• Prepare Construction Change Directives to reflect changes in the work scope.
• Review Change Orders prepared by the Contractor.
• Review Applications for Payment.
• Review Mock Ups
• Prepare Punch List(s) in cooperation with the City, the Contractor, and other Project team members.
• Attend and participate in a Substantial Completion Walk- through and prepare a Certificate of
Substantial Completion.
• Make a final inspection and update the Punchlist.
• Issue a final Certificate for Payment
ASSUMPTIONS
The following are assumptions made in the preparation of this proposal.
Alternative Site Studies
• Studies will be limited to three buildings; however, FMG is available to review additional
sites /buildings upon request.
• FMG will utilize existing building drawings for the Art Museum and 455 Rio, and will convert these
into AutoCAD utilizing a third party service which will be billed as a reimbursable expense. AutoCAD
files will be provided to the City for future use.
Interior Renovations: Restaurant, Gallery, and Offices
• The existing box office will remain as is until a new box office is constructed adjacent to the
Wheeler.
• Handicap accessibility will remain as is for the basement. Accessibility for the restaurant will be
studied and provided to the extent feasible.
• The renovations will be publicly bid.
• The City of Aspen has set a Project Budget of $2.0 million for the renovation project.
• The City desires a sustainable building. The Design Team will employ sustainable design practices
where possible in the design of the project.
• Existing base utility systems for the Wheeler are assumed to be sufficient to support the renovation.
• The City and /or their vendors will provide tel /data design for telephones, computers and wireless
systems where necessary. The Design Team will provide base building power, conduit, and back
boxes where required by the tel /data and /or computer system design.
• HPC and P &Z presentations and approvals are not required for either the study phase or renovation
phase. We will attend a courtesy review with either of these commissions' administrative staff if
required.
15 October 2010
Revised 26 October 2010
Mr Steve Bossart
Page 15
TEAM
The team for these projects will consist of the following:
• FMG Architects Architecture and Team Leader
• Rowland + Broughton Associated Architect and Renovation Architect of Record
• Resource Engineering Group Mechanical, Electrical, and Plumbing Engineering
• KL&A Structural Engineering
• Jaffe Holden Acoustics Acoustics (Restaurant Floor)
• Katz Company Kitchen Consulting
• Becker and Frondorf Estimating
Because of its experience with planning and executing public projects, its performing arts experience, and its
extensive historic preservation expertise, FMG would remain as team leader for the Wheeler Opera House
projects. We believe that providing continuity of the project team provides the best value for the City of
Aspen by providing an efficient approach by experienced professionals with extensive knowledge of the
building. Rowland + Broughton (R +B) would remain as a consultant to FMG as associate architect, and would
additionally take on the role of Architect of Record and interior designer for basement office renovations,
the gallery space, and the restaurant. FMG would maintain project oversight, including design review and
historic building issue review. FMG and R +B would share programming responsibilities, and would
coordinate together how renovations impact potential future additions /renovations. FMG would take the
lead on design for the alternative sites and the Wheeler addition.
EXCLUSIONS
The following services are not included in this proposal:
1. Geotechnical engineering services. It is recommended that test pits be performed to ascertain
basement slab /foundation conditions related to removing and lowering the floor slab. FMG can
solicit proposals for this work or coordinate with a consultant retained by the City.
2. Civil engineering services.
3. Hazardous materials identification or abatement.
4. Design of an additional full service cooking kitchen for catering purposes. A staging and warming
kitchen, if needed, will be included in the design.
5. Design of new MEP infrastructure.
6. LEED certification services.
7. Cost estimating for interior renovations. Cost estimating services can be provided either through
FMG's consultant or through a local contractor upon request from the City.
SCHEDULE
Alternative Site Study: We are prepared to begin immediately upon receipt of a notice to proceed, and
anticipate that all services could be complete within 8 weeks.
Interior Renovations: It is understood that the City intends to begin construction in 2011. Depending on
when the project is started, we anticipate a 6 -month design and documentation period, followed by bidding
and construction.
15 October 2010
•
Revised 26 October 2010
Mr Steve Bossart
Page 16
PROPOSED FEES
Based on the services noted herein, we propose the following professional service fees.
• Alternative Site Studies: Fixed Fee: $54,250
FMG: $24,250
R +B: $3,000
REG: $15,000
KL &A: $7,000
BF: 65,000
Total: $54,250
• Interior Renovations Fixed Fee: 5211,100
FMG: 23,600
R +B: 94,500
REG: 70,000
KL &A: 9,000
JHA: $3,500
Katz: $10,500
Total: 211,100
• HPC /P &Z/Council Approval (if required): Hourly, at standard rates.
• Reimbursable Expenses: Reimbursable expenses for travel, reproduction, long distance
communication, etc. will be invoiced at 1.0 times cost.
We are very excited to be moving forward with you and the City of Aspen on the next steps of this
significant project. Please do not hesitate to call if you have any questions.
Sincerely,
ILL/
Michael R. Schnoering, AIA
Partner
M:\ PROPOSAL \42ac\4281 Wheeler \Bossart- Proposal- Reno&Sketch Study.101510.doc
MEMORANDUM V1‘a.
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director tep
FROM: Amy Guthrie, Historic Preservation Officer 7ZSe
Sara Adams, Senior Planner
RE: First Reading of Ordinance #28, Series of 2010, Land Use Code Amendments,
Historic Preservation
DATE: November 8, 2010
APPLICANT: SUMMARY:
The City of Aspen City Council adopted Ordinance #48, Series of 2007,
nearly three years ago. The purpose of the ordinance
was to identify postwar era properties in Aspen that
may be considered "potential historic resources" and to
create a system to encourage their preservation.
er
Ordinance #48 was intended to be replaced or
improved upon. Council appointed the Historic
, "' Preservation Task Force to examine alternatives and
make policy recommendations. Their work was
m-•. Al I , completed in October 2009. Council has directed staff
g to bring forward code amendments proposing a long
term approach for postwar preservation by the end of
this year
r i•; STAFF RECOMMENDATION:
H I S T 0 R I r + This memo identifies several threshold issues that
�7 require Council direction at the public hearing
PRESERVATION scheduled for November 22, 2010. Staff requests that,
at First Reading, Council identify any additional
information or resources that will be required for
decision - making.
BACKGROUND: In the summer of 2007, City Council adopted an emergency ordinance that
required all properties at least 30 years old to be reviewed for historic significance before
undertaking significant alterations or demolition. At the end of 2007, Council adopted
Land Use Code Amendments, Historic Preservation
First Reading, Ordinance #28, Series of 2010
Page - 1 - of 7
Ordinance #48, which had a similar effect, but its applicability was limited to a defined group of
53 properties that were determined by Community Development staff as potential historic
resources.
Ordinance #48 called for the creation of a Historic Preservation Task Force which was appointed
with 21 citizens who met with dedication for 19 months, and delivered a report with numerous
recommendations to City Council in October 2009.
Since the adoption of Ordinance #48, 19 property owners have pursued some type of review or
building permit, while 34 remain in status quo. Only one voluntary designation has been
completed, while four are pending. Two properties have been demolished.
OUTREACH:
Over the last three years, in addition to providing staff support to the Task Force, and checking
in frequently with Council, the Community Development Department has greatly increased
public outreach and education efforts around postwar preservation. Throughout the process
letters have been sent out to involved property owners; most recently a letter was sent to property
owners about the upcoming amendments.
In 2008, the City produced a professional documentary which was screened in several locations.
In January 2010, a documentary about well known architect John Lautner, who designed a house
near the roundabout, was presented to a large crowd at the Wheeler Opera House.
This past spring, with funding from City Council and the National Trust for Historic
Preservation, professional architectural historians developed two new historic context papers on
Pan Abodes and Modernism. Community Development recently released a video that was
developed "in- house" to present the new research on Aspen's 20 century architectural history.
In July 2010, the City was selected by the National Trust for Historic Preservation to host one of
four Modern Modules held across the country to showcase postwar preservation. Aspen was the
smallest community selected for this National Endowment for the Arts sponsored program. The
City is awaiting receipt of a "coffee table" booklet called AspenModem being prepared by the
National Trust for Historic Preservation as part of a series that will also include the cities of Los
Angeles, Minneapolis and Boston. The AspenModem event, which was attended by a full house
at the Mountain Chalet, is highlighted in the current issue of Aspen Magazine (see Exhibit C).
Staff has suggested the use of the name AspenModern for the local preservation efforts from this
point forward.
In August 2010, staff presented Council with a proposed action plan for a new preservation
ordinance. Council directed staff to bring an ordinance to public hearing by the end of this year.
Council also indicated that, given numerous concepts for how the ordinance might be structured
relative to postwar properties, their strong preference is that designations be voluntary only.
In preparation for Second Reading, staff has notified the owners of all properties discussed
during the Ordinance #30 and #48 adoption processes. We invited them to submit comments and
to meet with staff about the proposed changes.
Land Use Code Amendments, Historic Preservation
First Reading, Ordinance #28, Series of 2010
Page - 2 - of 7
PROPOSED CODE AMENDMENTS:
Completion of code amendments is important from several perspectives. The topic of postwar
preservation has been significant in the community for at least 10 years. Several City Councils
have given direction, but have also struggled with uncertain community sentiment. The current
City Council has identified policy changes to the preservation program as a top goal for the last
two years.
The overarching goal of the amendments is to create a program for Aspen's 20 century
resources that is understandable, predictable and defendable, an objective adopted by the
Criteria Committee of the Task Force. Staff has met with HPC and P &Z and has received
preliminary comments from the City Attorney's office and some members of the Task
Force. Proposed amendments to the existing historic preservation regulations are
summarized below.
During Second Reading Council will be asked to give direction on the following options:
Section 26.415.025A :.aspen:lbittern Properties (pg!. 6 of Wilt to din.lituc)
Ordinance #48 included a list of 53 properties subject to certain protections and opportunities.
The new ordinance proposes to use a map, rather than a list, to the same effect. Similar to
Ordinance #48, the amendments propose to monitor major changes to potentially important
properties and to provide an opportunity for the City to incentivize preservation and open a
dialogue with property owners.
There are pros and cons to identifying the properties eligible for AspenModern. On one hand,
recognizing which properties are included offers predictability to property owners and
encourages a dialogue between the property owner and the City to negotiate for preservation.
The alternative is to allow property owners to opt in to the AspenModern program if interested
and to pursue exterior changes and demolition without a delay period to discuss alternatives.
Options for which properties are included in AspenModern:
1. Only the properties already listed on Ordinance #48 (a total of 53 properties).
2. The properties identified during Ordinance #30 review (a total of 87 properties): this
includes Ordinance #48, plus the areas outside the rivers and mountain boundary and
multi - family that were removed by Council prior to the adoption of Ordinance #48.
3. Re -survey Aspen (by staff and/or consultants) and create a new AspenModern Map using
the newly adopted context papers and criteria.
4. No map. Property owners eligible and willing to participate in AspenModern will opt in
to the program.
Task Force Recommendation: The Task Force did not specifically vote on this question;
however the Criteria committee of the Task Force reported, "One aspect of Ordinance #48 that
the group felt is not valid is the exclusion of multi - family properties. The committee
recommends that the ownership structure should have no bearing on historical significance.
Land Use Code Amendments, Historic Preservation
First Reading, Ordinance #28, Series of 2010
Page - 3 - of 7
(vote 7 yes, 1 no, 2 abstained.) The committee also recommends that all properties within the
Aspen city limits be eligible for consideration."
Staff Recommendation: Staff supports option #2.
C lassiticalion tiv ,tcm_
Council previously reviewed a classification system that ranks properties by importance and
offers specific benefits dependant on that ranking. It identifies the most significant 20 century
properties in Aspen so that they can receive the highest priority for preservation, and it provides
predictability and clarity to AspenModern property owners. This concept was developed during
the Task Force process (also referred to as "the matrix "). It has not been included in the draft
ordinance yet. We anticipate having preliminary scoring completed prior to Nov. 8 to illustrate
property ranking to Council and to discuss with property owners if they wish.
Options for classification system:
1. Include a classification system in the AspenModern program.
2. Do not incorporate a classification system in the AspenModern program.
Task Force Recommendation: The Task Force recommended (by a vote of 13 to 7) in favor of a
tiered matrix system that would define restrictions and benefits available to properties depending
on their integrity and significance. They stated that "the matrix is intended to identify historic
resources that are of the highest quality and the most important to the community, as well as to
encourage the preservation of other resources that contribute to the overall historic fabric." Staff
believes this is represented by Option #1.
Staff Recommendation: Staff supports Option #1.
Section 26.415.025.0.1: Negotiation of Prescrcation Benefits f f 6 $ ordraft ordinance)
Aspen has had a laudable group of preservation benefits in place since the 1980s. Ordinance #48
introduced the concept of negotiating a package of incentives customized to a particular
property. This occurred partly to address some unique circumstances faced by postwar property
owners that differ from Victorian era properties. In addition, there is a codependency between
beneficial incentives and a voluntary preservation program — as evidenced by the Ordinance #48
negotiations to date. Better incentives mean a more successful voluntary AspenModern
program. Experience with past Ordinance #48 negotiations raises the question as to whether
standards should be established for the negotiation process and/or limitations be placed on the
number and type of benefits that a property may negotiate for depending on the importance of
the property. On one hand, linking the number and type of benefits to the importance of the
property provides some clarity to the negotiation process; however it may deter property owners
of buildings with less importance from negotiating for preservation.
Land Use Code Amendments, Historic Preservation
First Reading, Ordinance #28, Series of 2010
Page - 4 - of 7
The proposed ordinance retains the negotiation process that exists in Ordinance #48, with
modifications such as clearer definition of the types of incentives that are allowable, and the
establishment of review standards.
Options for negotiation process:
1. Keep the Ordinance #48 negotiation process as is.
2. Keep the framework of the Ordinance #48 negotiation and establish review standards.
Allow all properties equal opportunity to receive any available incentives.
3. Keep the framework of Ordinance #48 negotiations, establish review standards and limit
the number and type benefits that can applied for depending on the importance of the
property.
4. No negotiation process. The current benefits apply after a property is landmark
designated.
Task Force Recommendation: The Task Force did not specifically vote on this question,
however the matrix that was discussed by the group, which was considered to be a draft,
included the concept that some or all designations would require negotiation, and that additional
incentives might be needed. It also included a delay period for the City to conduct negotiations
with property owners.
Staff Recommendation: Staff supports Option #3.
Section 26.415M25.('2 — 3: Benefits for Non- Designated Properties (processing adsantages
and I1)Rs)( SI
The proposed ordinance introduces the concept of offering some benefits to properties that are
identified on the AspenModern Map, even if they do not landmark. This would encourage
property owners to partner with the City in the stewardship of their property by volunteering for
a review of proposed changes without committing to the negotiation process or landmark
designation. Some of the ideas to encourage this type of partnership include: fee waivers,
expedited permits and eligibility to establish and sell TDRs on the property. Restrictions could
be created to recoup waived fees if the property is not preserved for a set time period, such as
five to ten years.
Options regarding benefits for non - designated properties:
1. Offer processing advantages to non - designated AspenModern properties that voluntarily
go through the review process.
2. Offer processing advantages and eligibility to create and sell TDRs to non - designated
AspenModern properties that voluntarily go through the review process.
3. Do not offer any benefits to non - designated AspenModern properties.
Task Force Recommendation: The Task Force did not specifically vote on this question,
however, as stated above, there was interest in identifying incentives that could make a voluntary
program successful.
Land Use Code Amendments, Historic Preservation
First Reading, Ordinance #28, Series of 2010
Page - 5 - of 7
Staff Recommendation: Staff supports Option #2.
Section 26.415.1125.( .4: Rcmocal from A wen Modern Map (p,J,. t -'l ul drab unlin.utCC
Currently there is no way to be removed from Ordinance #48 except to change character -
defining features of the property, which occurs after the negotiation process and a building
permit/land use approval is issued. The proposed ordinance offers property owners the
opportunity to demonstrate that their building does not meet the designation criteria (Section
26.415.030.C.1, pg. 15 of draft ordinance) and should be removed from the program.
Options for removal from AspenModern Map:
1. Demonstrate that the property does not meet designation criteria. The HPC is the review
authority, with an appeal to City Council.
2. Demonstrate that the property does not meet designation criteria. City Council is the
review authority with a recommendation from the HPC.
3. Property owner provides a written request to be removed from AspenModern. Removal
is administrative after a meeting with Staff and the HPC to discuss benefits of
preservation.
4. Property owner provides a written request to be removed from AspenModern. Removal
is administrative and no meeting is required.
Task Force Recommendation: The Task Force did not specifically vote on this question;
however the lack of a process to be removed from Ordinance #48 was a frequently mentioned
fault.
Staff Recommendation: Staff supports Option #1.
10 v ear assurance
The Task Force and interested citizens have stressed the importance of finalizing a system that
works for the community and providing assurance and predictability around the permanence of
the new program. Council cannot bind future elected officials from changing any laws;
therefore, Staff inserted a "Whereas" statement in the ordinance that asks future Councils to
honor this commitment and not alter the program for at least 10 years. The alternative is to issue
vested demolition permits for properties included in AspenModern. Issuing demolition permits
provides a concrete assurance to property owners, but it will probably result in the loss of some
of Aspen's important 20 century heritage and it inhibits any future negotiations for
preservation.
Options to provide assurance to community:
1. Include a strong "Whereas" statement in the ordinance to inform future Council about the
ten year commitment.
2. Issue a 10 year vested demolition permit for all properties included in AspenModern if
the demolition permit is requested within a specified time period (i.e. within 4 months of
adoption of the new Ordinance)
Land Use Code Amendments, Historic Preservation
First Reading, Ordinance #28, Series of 2010
Page - 6 - of 7
3. Issue 10 year vested demolition permits for all properties included in AspenModern
without a written request from the property owner.
Task Force Recommendation: The Task Force did not specifically vote on this question;
however their proposed criteria for landmark designation (12 votes in favor, 4 opposed and 4
abstained) included a provision that the City would not create new context papers and therefore
make additional properties eligible for designation, more often than every 10 years.
Staff Recommendation: Staff recommends Option #1.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council to approve, approve with conditions or deny the application. City
Council is the final review authority.
STAFF RECOMMENDATION:
Staff recommends adoption of the proposed amendments on first reading.
In preparation for Second Reading, staff has notified the owners of all properties specifically
discussed in front of Council during the Ordinance #30 and #48 adoption processes. We have
invited them to submit comments, meet with staff, etc. We anticipate having preliminary scoring
completed prior to Nov. 8th to illustrate property ranking to Council and to discuss with affected
owners if they wish.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance #28, Series of 2010, on First Reading."
ATTACHMENTS:
Ordinance #28, Series of 2010
Exhibit A — Section 26.310.040 Standards of Review
Exhibit B — Proposed amendments to Chapters 26.415, 26.420, and 26.530 of the Municipal
Code showing track changes text
Exhibit C — Aspen Modern: Recognizing New Layers of History, Aspen Magazine, Fall 2010
Land Use Code Amendments, Historic Preservation
First Reading, Ordinance #28, Series of 2010
Page - 7 - of 7
Ordinance #28
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING THE FOLLOWING SECTIONS OF THE MUNICIPAL CODE: SECTION
26.415, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC
LANDMARK SITES AND STRUCTURES OR
DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, SECTION 26.420,
BENEFITS FOR PROPERTIES LISTED ON THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES AND SECTION 26.535,
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
WHEREAS, the Community Development Department, at the direction of City Council,
prepared amendments to Chapters 26.415, 26.420, and 26.535 of the Aspen Municipal code,
pertaining to historic preservation; and,
WHEREAS, the proposed amendments address the preservation of postwar era properties in
Aspen, particularly regulations which have been in place since the adoption of an emergency
ordinance, Ordinance #48, since December 2007; and
WHEREAS, the proposed amendments have been brought forward after the conclusion of a
Historic Preservation Task Force of citizens who worked to propose process improvements for
19 months; and
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions,
or denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Director recommended approval of amendments to the above listed Sections
as further described herein; and
WHEREAS, the proposed amendments were presented to the Aspen Historic Preservation
Commission (HPC) on October 13, 2010 for referral comments to be considered by the
Planning and Zoning Commission and Aspen City Council. The Historic Preservation
Commission recommended that City Council adopt amendments to the Municipal Code after
consideration of the following comments: 1) the AspenModern Map should include all eligible
properties within the City limits, 2) some incentives should be offered to AspenModern
properties even without designation, and 3) any negotiated benefits should be required to meet
high standards in terms of both preservation and green building; and
WHEREAS, the Planning and Zoning Commission held a public hearing to consider the
proposed amendments to the above noted Chapters and Sections on October 19, 2010, took
and considered public testimony and the recommendations of the Community Development
Director and Historic Preservation Commission and recommended, by a 4 to 1 vote, City
Council adopt amendments to the land use code after consideration of the following
comments: 1) Section 26.415.025, Identification of Historic Properties should be revised to
clarify the regulations that affect AspenModern properties which are proposed for landmark
designation vs. AspenModem properties which are listed on the AspenModern Map but not
proposed for landmark designation, 2) Council should consider establishing a separate review
board that will conduct the negotiation process. As proposed, there are a lot of steps and
participants involved. Council could take the role of ratifying the recommendation of this new
review board, 3) Council should consider whether there is a way to ensure equity in the
negotiated benefits that are awarded to comparable properties, 4) The Planning and Zoning
Commission heard public comment from the properties which comprise The Aspen Meadows
and understands that these owners may wish to amend their SPA to address historic
preservation rather than be included in AspenModern, 5) Council should consider the
proposed language of Section 26.415.025, Penalities for work done on AspenModern
properties without approvals. The penalties apply to any unapproved "alteration," which may
be too broad a term, and 6) Council should consider allowing the owners of properties that are
not addressed in context papers to volunteer for designation review. This would allow for
voluntary designation of buildings from any period, even new construction; and
WHEREAS, the Aspen City Council has reviewed and considered the recommended changes
to the Municipal Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendations of the Community Development
Director, Historic Preservation Commission and Planning and Zoning Commission, and has
taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Municipal Code
meet or exceed all applicable standards and that the approval of the proposal is consistent with
the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and
WHEREAS, by the passage of this Ordinance the City Council intend that no further
amendments to the process for identifying and preserving any properties related to Aspen's
20 Century development be undertaken by any City Council before January 1, 2011. It is this
Council's intent to provide a period of assurance and predictability that the community can
rely on.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1:
2
Chapter 26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and
Structures or Development in an "H," Historic Overlay District, which section describes the
process and criteria through which the city designates properties of historical, architectural,
archaeological, engineering and cultural importance, is hereby amended to read as follows:
Chapter 26.415
HISTORIC PRESERVATION
Sections:
26.415.010 Purpose and intent
26.415.020 Definitions
26.415.025 Identification of historic properties
26.415.030 Designation of historic properties
26.415.040 Recordation of designation
26.415.050 Rescinding designation
26.415.060 Effect of designation
26.415.070 Development involving designated historic properties
26.415.080 Demolition of designated properties
26.415.090 Relocation of designated historic properties
26.415.100 Demolition by neglect
26.415.110 Benefits
26.415.120 Appeals, Council notice and call up
26.415.130 Variances by other City review bodies
26.415.140 Penalties
26.415.010. Purpose and intent.
The purpose of this Chapter is to promote the public health, safety and welfare through the
protection, enhancement and preservation of those properties, areas and sites, which represent
the distinctive elements of Aspen's cultural, educational, social, economic, political and
architectural history. Under the authority provided by the Horne Rule Charter of the City and
Section 29- 20- 104(c), C.R.S., to regulate land use and preserve areas of historical, architectural,
archaeological, engineering and cultural importance, this Chapter sets forth the procedures to:
A. Recognize, protect and promote the retention and continued utility of the historic
buildings and districts in the City;
B. Promote awareness and appreciation of Aspen's unique heritage;
C. Ensure the preservation of Aspen's character as an historic mining town, early ski resort
and cultural center;
D. Retain the historic, architectural and cultural resource attractions that support tourism and
the economic welfare of the community; and
E. Encourage productive, economical and attractive reuse of historic structures. (Ord. No.
1 -2002, §7 [part])
3
The City does not intend by the historic preservation program to preserve every old building, but
instead to draw a reasonable balance between private property rights and the public interest in
preserving the City's cultural, historic, and architectural heritage. This should be accomplished
by ensuring that demolition of buildings and structures important to that heritage are carefully
weighed with other alternatives. Alterations to historically significant buildings and new
construction in historic areas shall respect the character of each such setting, not by imitating
surrounding structures, but by being compatible with them as defined in historic preservation
guidelines.
26.415.020. Definitions.
The following definitions are specific to the terms as used in this Chapter and in the field of
historic preservation:
Alteration. A change to an existing building, structure or feature that modifies its original
appearance or construction.
Certificate of appropriateness. An official form issued by the City stating that the proposed
work on a designated historic property is compatible with its historic and architectural character
and, therefore, the work may be completed as specified in the certificate and the City may issue
any permits needed to do the work specified in the certificate.
Certificate of demolition approval. An official form issued by the City authorizing the issuance
of a demolition permit for a designated historic property or for a building or structure located in a
designated historic district.
Certificate of economic hardship. An official form issued by the City, in connection with a
certificate of demolition approval, that allows the demolition of a designated historic property as
the owner has demonstrated that maintaining it will impose an economic hardship.
Certificate of no negative effect. An official form issued by the City stating that the proposed
work will have no detrimental effect on the character - defining features of a designated property
and, therefore, the work may proceed as specified in the certificate without obtaining further
approvals under this Chapter and the City may issue any permits needed to do the work in the
specified certificate.
Contributing resource. A building, site, structure or object that adds to the historic associations,
historic architectural qualities or archaeological values for which a property or district is
considered significant.
Designated property. A property listed on the Aspen Inventory of Historic Landmark Sites and
Structures.
Historic District. A collection, concentration, linkage or continuity of buildings, structures, sites
or objects united historically or aesthetically by plan or physical development.
Historic context paper. Research papers that define Aspen's architectural and cultural patterns in
the context of local and national history. Historic context papers are used to guide staff, the
Historic Preservation Commission and City Council in determining the historic significance of
structures and properties in the City of Aspen.
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Integrity. The ability of a property to convey its significance relative to the aspects of location,
setting, design, materials, workmanship and association.
Monitoring committee. A subcommittee appointed by the Historic Preservation Commission of
up to two (2) Commission members and the Historic Preservation Officer to provide oversight in
the implementation of rehabilitation.
Noncontributing resource. A building, structure, site or object that does not add to the historic
architectural qualities or historic associations for which a property or district is significant
because it was not present during the period of significance or does not relate to the documented
significance; or due to alterations, additions, disturbances or other changes, it no longer
possesses historic integrity.
Object. A term used to distinguish buildings and structures from those constructions that are
primarily artistic in nature or small in scale and simply constructed. It may be by nature or
design movable, but it is associated with a specific setting and environment.
Rehabilitation. Making a building or structure sound and usable without attempting to restore it
to a particular period appearance, while retaining the character - defining features.
Relocation. Moving a building or structure from its original, historically significant or existing
location to another location.
Repair. To restore to a sound or good state after decay, dilapidation or partial destruction.
Restore. The repair or recreation of the original architectural elements or features of an historic
property so that it resembles an appearance it had at some previous point in time.
Significance. The documented importance of a property for its contribution to or representation
of broad patterns of national, regional or local history, architecture, engineering, archaeology and
culture.
Site. The location of a significant event, a prehistoric or historic occupation or activity or a
building or structure, whether standing, ruined or vanished, where the location itself possesses
historic, cultural or archaeological value regardless of the value of any existing structure.
Structure. A term used to distinguish from buildings those functional constructions made for
purposes other than creating human shelter. (Ord. 1- 2002, §7 [part])
26.415.025 Identification of historic properties
A. Surveys, Maps and Historic Context Papers. The Community Development Director shall
conduct or cause to be conducted such preliminary surveys, studies or investigations as deemed
necessary or advisable to adequately inform City Council and the Historic Preservation
Commission of those properties located within the City which represent Aspen's 19 and 20
century history. The Community Development Director shall memorialize the results of surveys,
studies and investigations in a series of historic inventory forms, maps and historic context
papers. Said inventory forms, maps, and context papers shall be maintained by the Community
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Development Department and shall be made available for public inspection at all reasonable
times. New inventory forms, maps and historic context papers shall not be adopted by City
Council except for every tenth year, starting in January 2011.
These resources shall be referenced by the Historic Preservation Commission and City Council
when reviewing applications for designation.
B. Aspen Victorian Properties. Properties associated with Aspen's 19` century history shall be
called Aspen Victorian. The City of Aspen has comprehensively identified examples of
Victorian era properties in Aspen since the 1970s. All such properties have been designated by
ordinance to the Aspen Inventory of I- Iistoric Landmark Sites and Structures. Such properties are
subject to the terms of this Chapter. Additional 19 century properties may be identified and
designated in the future if they are determined to meet the criteria of Section 26.415.030.B.1.
C. AspenModern Properties. Properties associated with Aspen's 20` century history shall be
called AspenModern. Properties added to the AspenModern Map shall be subject to a delay on
the issuance of land use approvals and building permits which could destroy their historic
significance. Properties added to the AspenModern Map shall be eligible for certain preservation
benefits without being designated by City Council and may be awarded preservation incentives
above and beyond those identified at Section 26.415.110, as follows. Property owners are
encouraged to meet proactively with the historic preservation commission before undertaking
development plans to receive preliminary feedback on appropriate development and benefits.
1. Ninety -Day Negotiation Period. In the case that the owner of a property added to the
AspenModern Map submits a land use application or building permit proposing work that the
Community Development Director determines to meet the definition of Major Development,
Demolition or Relocation, as defined in this Chapter, issuance of the land use approval or
building permit shall be placed on a temporary ninety -day hold.
Work undertaken in conformance with the International Building Code provisions for
emergency repairs shall be exempt from this Section provided that the proposed repairs
match the surrounding exterior materials and character to the extent practicable. Also
exempt from this Section are alterations, land use applications, and building permits limited
to interior remodeling, paint color selection, exterior repainting or replastering similar to the
existing finish or routine maintenance such as caulking, replacement of fasteners, or repair of
window glazing and other such exterior alterations which are determined by the Community
Development Director to be minimally intrusive or reversible work that does not diminish the
historic character of the property.
A property owner may also enter into the ninety -day negotiation period by submitting a
voluntary application for designation to the Aspen Inventory of Historic Landmark Sites and
Structures.
Only complete land use applications or building permits, as determined by the Community
Development Director, shall be accepted. Nothing herein shall prevent the City from
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reviewing the land use application or building permit during the ninety -day negotiation
period.
A letter from the property owner indicating an understanding of this ninety -day negotiation
period shall accompany the land use application or building permit. The ninety -day
negotiation period may be extended an additional thirty (30) days upon a resolution adopted
by the Council, or longer if mutually acceptable to both the Council and the property owner.
Within the ninety -day negotiation period, the following shall occur:
a. The Community Development Director shall offer to meet with the property owner to
discuss the City's Historic Preservation Program and benefits that the property may be
eligible to receive upon designation as a Historic Landmark.
b. The Community Development Director shall confer with the Historic Preservation
Commission, at a public meeting, regarding the proposed land use application or building
permit and the nature of the property. The property owner shall be provided notice of
this meeting.
The Historic Preservation Commission, using context papers and integrity scoring sheets
for the property under consideration, shall provide Council with an assessment of the
property's conformance with the designation criteria of Section 26.415.030.C.1. When
any benefits that are not included in Section 26.415.110 are requested by the property
owner, HPC shall also evaluate how the designation, and any development that is
concurrently proposed, meets the policy objectives for the historic preservation program,
as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the
appropriateness of designation and benefits, HPC shall determine whether the subject
property is a "good, better, or best" example of Aspen's 20` century historic resources.
c. The Community Development Director shall confer with the City Council regarding the
proposed land use application or building permit, the nature of the property, and the staff
and Historic Preservation Commission's assessment of its historic significance and the
effects of the application or building permit. The property owner shall be provided notice
of this meeting.
d. The City Council may negotiate directly with the property owner or may choose to direct
the Community Development Director, or other City staff as necessary, to negotiate with
the property owner to reach a mutually acceptable agreement for the designation of the
property. The City Council may choose to provide this direction in Executive Session,
pursuant to State Statute. As part of the mutually acceptable agreement, the City Council
may, at its sole discretion, approve any land use entitlement or fee waiver permitted by
the Municipal Code and may award any approval that is assigned to another Board or
Commission, including variations. Council shall consider the appropriateness of benefits
in light of whether the property is identified as a "good, better, or best" example of
Aspen's 20` century history and shall also seek to be equitable in the benefits awarded
through the negotiation process. Council shall seek compatibility with the neighborhood
surrounding the subject property.
When benefits are awarded as part of the negotiation, Council shall require that the
property be designated as a Historic Landmark, pursuant to the standards and limitations
of Section 26.415.030, Designation of Historic Properties. As part of the mutually
acceptable agreement, the City Council may choose to require the land use application or
building permit that initiated the negotiation to be withdrawn by the property owner if
said application or permit would have negatively affected the historic significance of the
property.
Once a property identified on the AspenModern Map is designated to the Aspen
Inventory of Historic Landmark Sites and Structures, additional negotiation under this
section is not allowed.
e. If, upon the passage of 90 days or any extension thereof, the City and the property owner
have failed to reach a mutually acceptable agreement, affected land use applications shall
be issued a Development Order upon compliance with all applicable provisions of the
City of Aspen Land Use Code. Affected building permits shall be reviewed and shall be
issued upon compliance with all applicable building codes. The City Council, at its sole
discretion, may choose to terminate negotiations at any time and allow the land use
application or building permit to be processed.
2. Voluntary review/Processing Advantages. Owners of properties included on the
AspenModern Map who voluntarily comply with the provisions of this Chapter may proceed
with approved work without making application for designation. The Community
Development Director shall consider waiver or reduction of permit fees for the subject work.
If this is not achievable within the City budget, the Community Development Director shall
ensure that the land use application and building permit review proceed ahead of all other
applications except those associated with affordable housing and Essential Public Facilities.
3. Transferable Development Rights. Properties which are included on the AspenModern
Map shall be eligible to create and sell transferable development rights according to the
provisions of Chapter 26.535 of this Code, even if they are not designated on the Aspen
Inventory of Historic Landmark Sites and Structures.
4. Removal from AspenModern Map. If, in the opinion of the Community Development
Director after execution of a building permit issued pursuant to this Section, the property
included on the AspenModern Map has been demolished or so altered that it would no longer
meet the criteria for designation to the Aspen Inventory of Historic Sites and Structures, the
Community Development Director shall remove the property from the AspenModern Map
and it shall no longer be subject to the terms of this Chapter.
Owners of properties included on the AspenModern Map may appeal to the Historic
Preservation Commission to be removed from the AspenModern Map. If the Historic
Preservation Commission, at a public hearing, determines that the designation criteria found
at Section 26.415.030.C.2 are not met, the property shall be removed from the AspenModern
8
•
Map. A finding that the criteria are met shall not cause the property to be designated,
however it shall remain on the AspenModern Map. The determination of the Historic
Preservation Commission may be appealed to City Council according to Section 26.316. If
an application for removal from the AspenModern Map is denied, an application cannot be
filed again for a period of two (2) years from the date of the denial by the HPC or City
Council. The time limitation of this Subsection may be waived by City Council when such
action is deemed necessary to prevent injustice or it is determined to be in the best interests
of the City. If the primary structure(s) on any property identified on the AspenModern Map
have been destroyed by an act of God or are otherwise declared unsafe and ordered
demolished by the Chief Building Official, the property shall be removed from the
AspenModern Map.
5. Penalties. Any owner who takes unapproved or unpermitted action to alter or demolish a
property included on the AspenModern Map, including purposeful removal, change or
damage to any exterior materials, features, portions of a building, or structural members of a
building shall be subject to the penalties established in Section 26.415.140, Penalties. Before
any penalties are assessed pursuant to this Chapter, the Community Development
Department must demonstrate to City Council, using date stamped photographs, that the
exterior of the building has been altered after the adoption date of this ordinance.
Properties included on the AspenModern Map shall receive reasonable care, maintenance and
upkeep as described in Section 26.415.100, Demolition by Neglect.
26.415.030. Designation of historic properties.
The designation of properties to an official list, that is known as the Aspen Inventory of Historic
Landmark Sites and Structures which is maintained by the City, is intended to provide a
systematic public process to determine what buildings, areas and features of the historic built
environment are of value to the community. Designation provides a means of deciding and
communicating, in advance of specific issues or conflicts, what properties are in the public
interest to protect.
A. Establishment of the Aspen Inventory of Historic Landmark Site and Structures. The
Aspen Inventory of Historic Landmark Sites and Structures has been established by City Council
to formally recognize those districts, buildings, structures, sites and objects located in Aspen that
have special significance to the United States, Colorado or Aspen history, architecture,
archaeology, engineering or culture. The location of properties listed on the inventory shall be
indicated on maps on file in the Community Development Department.
B. Aspen Victorian
1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites
and Structures as an example of Aspen Victorian, an individual building, site, structure or
object or a collection of buildings, sites, structures or objects must have a demonstrated
quality of significance. The quality of significance of properties shall be evaluated according
to the criteria described below. When designating a historic district, the majority of the
contributing resources in the district shall meet the criteria described below:
9
a. The property or district is deemed significant for its antiquity, in that it contains
structures which can be documented as built during the 19 century, and
b. The property or district possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age. The City Council shall
adopt and make available to the public score sheets and other devices which shall be used
by the Council and Historic Preservation Commission to apply this criterion.
2. Application. Property owners, the Community Development Director, the Historic
Preservation Commission (HPC) or the City Council may file an application for designation
of an Aspen Victorian building, district, site, structure or object on the Aspen Inventory of
Historic Landmark Sites and Structures. The application for the designation of a property or
collection of properties shall include the following:
a. The applicable information required in subsections 26.304.030.B.1., 2., 3. and 4.
b. Site or historic district boundary map.
c. Property or district description, including narrative text, photographs and /or other graphic
materials that document its physical characteristics.
d. Written description of how the property meets the criteria for designation.
C.AspenModern
1. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites
and Structures as an example of AspenModern, an individual building, site, structure or
object or a collection of buildings, sites, structures or objects must have a demonstrated
quality of significance. The quality of significance of properties shall be evaluated according
to criteria described below. When designating a historic district, the majority of the
contributing resources in the district must meet at least two of the criteria a -d, and criterion e
described below:
a. The property is related to an event, pattern, or trend that has made a contribution to local,
state, regional or national history that is deemed important, and the specific event, pattern
or trend is identified and documented in an adopted context paper;
b. The property is related to people who have made a contribution to local, state, regional or
national history that is deemed important, and the specific people are identified and
documented in an adopted context paper;
c. The property represents a physical design that embodies the distinctive characteristics of
a type, period or method of construction, or represents the technical or aesthetic
achievements of a recognized designer, craftsman, or design philosophy that is deemed
important and the specific physical design, designer, or philosophy is documented in an
adopted context paper;
d. The property possesses such singular significance to the City, as documented by the
opinions of persons educated or experienced in the fields of history, architecture,
landscape architecture, archaeology or a related field, that the property's potential
1 0
demolition or major alteration would substantially diminish the character and sense of
place in the city as perceived by members of the community, and
e. The property or district possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association, given its age. The City Council shall
adopt and make available to the public score sheets and other devices which shall be used
by the Council and Historic Preservation Commission to apply this criterion.
2. Application. Only the property owner(s) may file an application for designation of an
AspenModern building, district, site, structure or object on the Aspen Inventory of Historic
Landmark Sites and Structures. The application for the designation of a property or
collection of properties shall include the following:
a. The applicable information required in subsections 26.304.030.B.I., 2., 3., and 4.
b. Site or historic district boundary map.
c. Property or district description, including narrative text, photographs and /or other graphic
materials that document its physical characteristics.
d. Written description of how the property meets the criteria for designation.
e. Written description of historic preservation benefits which the property owner requests be
awarded at the time of designation and relationship to Section 26.415.010, Purpose and
Intent of the historic preservation program.
D. Review, public hearings and notice.
1. An application for designation on the Aspen Inventory of Historic Landmark Sites and
Structures shall be transmitted to the Community Development Director to determine if
the application is complete. For applications filed with sufficient information, a report
will be prepared by City staff for transmittal to the HPC with the relevant information on
the proposed historic property or district with a recommendation to approve or
disapprove and the reasons for the recommendation.
2. A date for a public hearing on a complete application will be scheduled before the HPC.
Notice of the hearing shall be provided according to the provisions of Subsections
26.304.060.E.3.a., b. and c., except when the Community Development Director.-, HPC or
City Council is the applicant. When the Community Development Director, HPC or City
Council is the applicant, notice of the hearing shall be mailed to the property owner(s)
within three hundred (300) feet of the property and posted on the subject property for at
least thirty (30) days prior to the hearing. Notice to the property owner shall be by
registered mail. In the event that there is no evidence that the property owner received
actual notice, the HPC may specify that additional measures be taken.
3. The HPC shall evaluate the application to determine if the property or district meets the
criteria for designation. At the public hearing, the property owner, parties of interest and
citizens shall have an opportunity to provide information about the property or district's
eligibility for designation. The HPC may recommend approval, disapproval or
continuance of the application to request additional information necessary to make a
decision to approve or deny. Their recommendation shall be forwarded to City Council.
4. Upon receipt of the decision, report and recommendations of the HPC, the City Council
shall schedule a hearing on the application in accordance with the notice requirements for
adopting an ordinance. The City Council shall evaluate the application to determine if
the property or district meets the criteria for designation. At the public hearing, the
property owner, parties of interest and citizens shall have an opportunity to provide
information about the property or district's eligibility for designation. The City Council
may approve, disapprove or continue the application to request additional information
necessary to make a decision to approve or deny.
5. If an application is denied, the Community Development Director, HPC or City Council
may not file a reapplication for designation of the same historic resource, property or
district on the Aspen Inventory of Historic Landmark Sites and Structures for five (5)
years from the date of the City Council disapproval. (Ord. No. 1 -2002, §7 [part]; Ord.
No. 30, 2007, §1)
26.415.040. Recordation of designation.
Upon the effective date of an ordinance by City Council designating a property on the Aspen
Inventory of Historic Landmark Sites and Structures, the City Clerk shall record with the real
estate records of the Clerk and Recorder of the County, a certified copy of the ordinance
including a legal description of the property. The location of properties designated by ordinance
also shall be indicated on the official maps of the City that are maintained by the Community
Development Department. (Ord. No. 1 -2002, §7 [part])
26.415.050. Rescinding designation.
A. Application and review. An application for the removal of a property from the Aspen
Inventory of Historic Landmark Sites and Structures shall follow the same submission
requirements and review procedures as for designation described in this Chapter except that with
respect to Subsection 26.415.030.C.4 an explanation shall be provided describing why the
property no longer meets the criteria for designation. The HPC and City Council shall determine
if sufficient evidence exists that the property no longer meets the criteria for designation and, if
so, shall remove the property from the inventory. A parcel created through an historic Landmark
lot split cannot be de- listed unless there is a finding that the resource which originally caused the
site to be landmarked meets the criteria for removal from the historic inventory.
B. Reapplication. If a request for rescinding designation is denied, an application cannot be
filed again for a period of two (2) years from the date of the denial by the City Council. The
time limitation of this Subsection may be waived by a majority vote of the City Council when
such action is deemed necessary to prevent injustice or to facilitate the proper development of
the City. (Ord. No. 1 -2002, §7 [part]; Ord. No. 43, 2004, §1)
26.415.060. Effect of designation.
A. Approvals required. Any development involving properties designated on the Aspen
Inventory of Historic Landmark Sites and Structures, as an individual building or located in an
12
historic district, unless determined exempt, requires the approval of a development order and
either a certificate of no negative effect or a certificate of appropriateness before a building
permit or any other work authorization will be issued by the City.
B. Design guidelines.
1. The HPC has adopted design guidelines, hereinafter referred to as the City of Aspen
Historic Preservation Design Guidelines, in accordance with the procedures for notice
and public hearings set forth in Section 26.304.06(E)(3) Paragraph (a). These guidelines
set forth the standards necessary to preserve and maintain the historic and architectural
character of designated properties and districts. The standards apply to the exterior
features and /or notable streetscape and landscape elements of the designated historic
property and /or district. These guidelines are intended to offer assistance to property
owners undertaking construction, rehabilitation, alterations, changes in exterior
appearance or any other development involving designated historic properties or districts.
The guidelines will be periodically reviewed by the HPC and amended at a public
hearing, as needed.
2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are on
file with the Community Development Department, will be used in the review of requests
of certificates of no negative effect or certificates of appropriateness. Conformance with
the applicable guidelines and the common development review procedures set forth in
Chapter 26.304 will be necessary for the approval of any proposed work.
C. Special consideration.
1. To preserve and maintain the historic and architectural character of designated properties,
the HPC or City Council may approve variations from the dimensional requirements set
forth in the Land Use Code and may make recommendations to the Chief Building
Official who has the authority to grant certain exceptions from the International Building
Code (UBC) through the provisions of the International Existing Building Code (IEBC).
These modifications may not change the applicable safety and permit requirements and
must also follow the procedures provided for modifications set forth in the IEBC.
2. Designated historic properties are eligible for and have priority to participate in City
programs related to financial, developmental or technical assistance that will serve to
preserve, maintain or enhance their historic and architectural character.
3. All City authorities, including City Council, are authorized to grant economic and
developmental benefits to designated historic properties or grant these benefits
conditional upon the subsequent designation of the property. (Ord. No. 1 -2002, § 7
[part]; Ord. No. 43, 2004, § 2)
26.415.070. Development involving designated historic property.
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
13
have been submitted to the Community Development Director and approved in accordance with
the procedures established for their review. An application for a building permit cannot be
submitted without a development order.
A. Exempt development.
1. Selected activities are exempted from the development review procedures including
interior remodeling, paint color selection, exterior repainting or replastering similar to the
existing finish or routine maintenance such as caulking, replacement of fasteners, repair
of window glazing or other such minimally intrusive work.
2. If there is any question if a work activity qualifies as exempt, the Community
Development Director shall make the determination as to its eligibility.
B. Certificate of no negative effect.
1. An application for a certificate of no negative effect may be made to the Community
Development Director for approval of work that has no adverse effect on the physical
appearance or character - defining features of a designated property. An application for a
certificate of no effect may be approved by the Community Development Director with
no further review if it meets the requirements set forth in the following Subsection
26.415.070.B.2:
2. The Community Development Director shall issue a development order based upon a
certificate of no negative effect within fourteen (14) days after receipt of a complete
application if:
a. It is determined that the activity is an eligible work item and meets the City Historic
Preservation Design Guidelines and
b. Any modifications to the proposed work requested by the Community Development
Director are agreed to by the owner /applicant and
c. The proposed work will not diminish, eliminate or adversely affect the significant
historic and /or architectural character of the subject property or Historic District in
which it is located.
3. An application for a certificate of no negative effect shall include the following:
a. The general application information required in Section 26.304.030.
b. Elevations or drawings of the proposed work.
c. Photographs, building material samples and other exhibits, as needed, to accurately
depict location, extent and design of proposed work.
d. Verification that the proposal complies with Chapter 26.410, Residential design
standards.
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4. The following work shall be considered for a Certificate of No Negative Effect:
a. Replacement or repair of architectural features which creates no change to the
exterior physical appearance of the building or structure.
b. Replacement or repair of architectural features that restores the building or structure
to its historic appearance.
c. Installation of awnings or similar attachments provided no significant feature is
damaged, removed or obscured by the installation.
d. Fencing that has no adverse effect on the historic or architectural character of the
property.
e. Mechanical equipment or accessory features that have no impact on the character -
defining features of the building or structure.
f. Signs which have no effect on the character - defining features of the historic property.
g. Alterations to noncontributing buildings within historic districts that have no adverse
effect on its historic or architectural character.
h. Alterations to no more than two (2) elements of nonprimary facades of a designated
building.
i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or
similar significant features.
5. The development order and associated certificate of no negative effect shall expire and
become null and void after three (3) years from the date of issuance by the Community
Development Director unless a building permit is issued within that time.
6. In the event that the Community Development Director determines that the issuance of a
certificate of no negative effect is not appropriate, the owner may apply for a certificate
of appropriateness from the HPC.
C. Certificate of appropriateness for a minor development.
L The review and decision on the issuance of a certificate of appropriateness for minor
development shall begin with a determination by the Community Development Director
that the proposed project constitutes a minor development. Minor development work
includes:
a. Expansion or erection of a structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less or
b. Alterations to a building facade, windows, doors, roof planes or material, exterior
wall materials, dormer porch, exterior staircase, balcony or ornamental trim when
15
three (3) or fewer elements are affected and the work does not qualify for a certificate
of no negative effect or
c. Erection or installation of a combination or multiples of awning, canopies,
mechanical equipment, fencing, signs, accessory features and other attachments to
designated properties such that the cumulative impact does not allow for the issuance
of a certificate of no negative effect or
d. Alterations that are made to nonhistoric portions of a designated historic property that
do not qualify for a certificate of no negative effect or
e. The erection of street furniture, signs, public art and other visible improvements
within designated historic districts of a magnitude or in numbers such that the
cumulative impact does not allow for the issuance of a certificate of no negative
effect.
The Community Development Director may determine that an application for work
on a designated historic property involving multiple categories of minor development
may result in the cumulative impact such that it is considered a major development.
In such cases, the applicant shall apply for a major development review in accordance
with Subsection 26.415.07.D.
2. An application for minor development shall include the following:
a. The general application information required in Section 26.304.030.
b. Scaled elevations and /or drawings of the proposed work and its relationship to the
designated historic buildings, structures, sites and features within its vicinity.
c. An accurate representation of all building materials and finishes to be used in the
development.
d. Photographs and other exhibits, as needed, to accurately depict location, extent and
design of proposed work.
e. Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being met.
3. The procedures for the review of minor development projects are as follows:
a. The Community Development Director will review the application materials and if
they are determined to be complete, schedule a public hearing before the HPC. The
subject property shall be posted pursuant to Paragraph 26.304.060.E.3.b.
b. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use Code
sections. This report will be transmitted to the HPC with relevant information on the
16
proposed project and a recommendation to approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review the
application, the report and the evidence presented at the hearing to determine the
project's conformance with the City Historic Preservation Design Guidelines.
c. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve
or deny. If the application is approved, the HPC shall issue a certificate of
appropriateness and the Community Development Director shall issue a development
order.
d. The HPC decision shall be final unless appealed by the applicant or a landowner
within three hundred (300) feet of the subject property in accordance with the
procedures set forth in Chapter 26.316.
D. Certificate of appropriateness for major development.
1. The review and decision on the issuance of a certificate of appropriateness for major
development shall begin with a determination by the Community Development Director
that the proposed project constitutes a major development. A major development
includes one or more of the following activities:
a. The construction of a new structure within a historic district; and /or
b. Alterations to more than three (3) elements of a building facade including its
windows, doors, roof planes or materials, exterior wall material, dormers, porches,
exterior staircase, balcony or ornamental trim; and /or
c. The expansion of a building increasing the floor area by more than two hundred and
fifty (250) square feet; and /or
d. Any new development that has not been determined to be minor development.
2. The procedures for the review of major development projects include a two -step process
requiring approval by the HPC of a conceptual development plan and then a final
development plan. If a major development project involves additional City Land Use
approvals, the Community Development Director may consolidate or modify the review
process accordingly, pursuant to Subsection 26.304.060.B.
3. Conceptual development plan review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundaries, the location and orientation
of existing and proposed improvements and predominant site characteristics.
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(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their form,
including their height, massing, scale, proportions and roof plan; and the primary
features of all elevations.
(4) Preliminary selection of primary building materials to be used in construction
represented by samples and /or photographs.
(5) Supplemental materials to provide a visual description of the context surrounding
the designated historic property or historic district including at least one (1) of the
following: diagrams, maps, photographs, models or streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being
met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and a
public hearing before the HPC shall be scheduled. Notice of the hearing shall be
provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City
Historic Preservation Design Guidelines.
(3) 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.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval of a
major development project or permission to proceed with the development. Such
authorization shall only constitute authorization to proceed with the preparation of
an application for a final development plan.
(2) Approval of a conceptual development plan shall be binding upon HPC in regards
to the location and form of the envelope of the structure(s) and /or addition(s) as
depicted in the conceptual plan application including its height, scale, massing
and proportions. No changes will be made to this aspect of the proposed
development by the HPC as part of their review of the final development plan
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unless agreed to by the applicant. If the applicant chooses to makes substantial
amendments to the conceptual design after it has been approved, a new
conceptual development plan hearing shall be required.
(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual development
plan. Failure to file such an application within this time period shall render null
and void the approval of the conceptual development plan. The Historic
Preservation Commission may, at its sole discretion and for good cause shown,
grant a one -time extension of the expiration date for a conceptual development
plan approval for up to six (6) months provided a written request for extension is
received no less than thirty (30) days prior to the expiration date.
4. Final development plan review.
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and /or addition(s) included as part of
the development at 1/4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided
pursuant to Paragraphs 26.304.060.E.3.a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City
I Iistoric Preservation Design Guidelines.
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(3) 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. If the application is approved, the HPC shall issue a certificate
of appropriateness and the Community Development Director shall issue a
development order.
(4) A resolution of the HPC action will be forwarded to the City Council in
accordance with Section 26.415.130 and no permit will be issued for construction
of the project until the thirty (30) day 'ball up" period by City Council has
expired.
(5) Before an application for a building permit can be submitted, a final set of plans
reflecting any or all required changes by the HPC or City Council must be on file
with the City. Any conditions of approval or outstanding issues which must be
addressed in the field or at a later time shall be noted on the plans.
E. Amendments, insubstantial and substantial. There are two processes for amending plans
approved pursuant to a development order and an associated certificate of appropriateness. All
requests for amendments, insubstantial or substantial, must be in writing and accompanied by
drawing(s) and elevations as specified below.
1. Insubstantial amendments.
a. Insubstantial amendments are minor modifications to HPC approved plans that:
(1) Address circumstances discovered in the course of construction that could not
have been reasonably anticipated during the approval process or
(2) Are necessary for conformance with building safety or accessibility codes and do
not materially change the approved plans or
(3) Approve specific building materials, finishes, design of ornamental trim and other
such detail not provided in the HPC approved plans or
(4) Change the shape, location or material of a building element or feature but
maintains the same quality and approximate appearance of that found in the
approved plans.
b. The Community Development Director may authorize insubstantial amendments to
approved plans.
c. Monitoring committees established by the HPC, composed of up to two (2) members
of the Commission and the Historic Preservation Officer or assign, may also
authorize insubstantial amendments.
d. Decisions of the Community Development Director or monitoring committee are
binding. The Community Development Director or monitoring committee may
determine that the proposed changes qualify as a substantial amendment and remand
the matter to the HPC.
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e. Disapproval of a request for an insubstantial amendment may be appealed to the HPC
to be considered in accordance with the procedures for substantial amendments.
f Approval of insubstantial amendments of plans will be reported to the HPC at their
regularly scheduled meetings.
2. Substantial amendments.
a. All changes to approved plans that materially modify the location, size, shape,
materials, design, detailing or appearance of the building elements as originally
depicted must be approved by the I IPC as a substantial amendment.
b. An application for a substantial amendment shall include the following materials, as
determined appropriate by the Community Development Director:
(1) A revised site plan.
(2) Revised scaled elevations and drawings.
(3) Representations of building materials and finishes.
(4) Photographs and other exhibits to illustrate the proposed changes.
c. The Community Development Director shall review the application materials
submitted for approval of a substantial amendment and waive any submittals not
considered necessary for consideration. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC shall
be scheduled.
d. Notice for the review of an application for a substantial amendment will include
publication, posting and mailing pursuant to Section 26.304.060.13.3 Paragraphs a, b
and c.
e. Staff shall review the submittal material and prepare a report that analyzes the extent
of the changes relative to the approved plans and how the proposed revisions affect
the project's conformance with the design guidelines and other applicable Land Use
Codes. This report will be transmitted to the HPC with relevant information on the
proposed revisions and a recommendation to continue, approve, disapprove or
approve with conditions and the reasons for the recommendation.
f. The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City Historic
Preservation Design Guidelines. 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. (Ord. No. 1- 2002, § 7 [part]; Ord. 43, 2004, § 3)
26.415.080. Demolition of designated historic properties.
It is the intent of this Chapter to preserve the historic and architectural resources that have
demonstrated significance to the community. Consequently no demolition of properties
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designated on the Aspen Inventory of Historic Landmark Site and Structures will be allowed
unless approved by the HPC in accordance with the standards set forth in this Section.
A. Procedures for considering requests for demolition of designated properties.
1. An application for a demolition permit for designated properties will be filed with or
referred to the Community Development Director by the Chief Building Official. The
applicant will be provided a written response within fourteen (14) days of the request for
a demolition permit describing the submittal materials needed for consideration.
2. An application for demolition approval shall include:
a. The general application information requested in Section 26.304.030 and written
documentation that the Chief Building Official has determined the building an
imminent hazard or
b. Narrative text, graphic illustrations or other exhibits that provide evidence that the
building, structure or object is of no historic or architectural value or importance.
3. When complete application materials are on file, a public hearing before the HPC shall be
scheduled. Notice for the hearing will include publication, mailing and posting pursuant
to Section 26.304.060.E.3 Paragraphs a, b and c. The staff shall review the submittal
material and prepare a staff report that analyzes the request relative to the criteria for
approval.
4. The HPC shall review the application, the staff report and hear evidence presented by the
property owners, parties of interest and members of the general public to determine if the
standards for demolition approval have been met. Demolition shall be approved if it is
demonstrated that the application meets any one of the following criteria:
a. The property has been determined by the City to be an imminent hazard to public
safety and the owner /applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
c. The structure cannot practically be moved to another appropriate location in Aspen
or
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance and
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic district in
which it is located and
b. The loss of the building, structure or object would not adversely affect the integrity of
the historic district or its historic, architectural or aesthetic relationship to adjacent
designated properties and
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c. Demolition of the structure will be inconsequential to the historic preservation needs
of the area.
5. The HPC shall approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to consider the demolition request.
6. If the HPC approves the demolition request then a resolution of the HPC action will be
forwarded to the City Council in accordance with Section 26.415.120 and no demolition
permit will be issued until the thirty (30) day "call up" period by City Council has
expired.
7. If the demolition request is denied because it does not meet the aforementioned standards,
the applicant may request demolition approval based upon a finding of "economic
hardship," as set forth below.
8. Before a demolition permit will be issued, a certificate of appropriateness for the
redevelopment or reuse plan, as provided for in Subsection 26.415.070.D, must be
approved. When a demolition permit must be issued because the building, structure or
object is an imminent hazard or because of the issuance of a certificate of economic
hardship, the permit may be received prior to the approval of an acceptable reuse plan.
B. Procedures for obtaining a certificate of economic hardship.
1. Purpose: It is the policy of the City to respect private property rights. The City
recognizes, therefore, that there may be some circumstances in which the operation of
this Chapter could create an undue economic hardship. This provision is created to
provide property owners with a means of demonstrating that such a hardship may exist
and that they should be allowed to demolish a designated historic property because of that
hardship. It is the intent of this provision to insure that no private property is taken
without just compensation.
2. Standard of review: The standard of review for a determination of economic hardship
will be whether refusing to allow the property owner to demolish the property would
result in a violation of the prohibitions of the U.S. and Colorado Constitutions against
taking of private property for public use without just compensation as those prohibitions
are interpreted by the courts of Colorado and the United States. In applying the
standards, the economic benefits of financial, developmental and technical assistance
from the City and the utilization of any federal and state rehabilitation tax credit
programs may be considered.
3. Application:
a. Upon receiving a request for a certificate of economic hardship, the Community
Development Director shall provide a written response within fourteen (14) days as to
the submittal materials required.
b. Within five (5) days after receipt of an application for a certificate of economic
hardship, the Community Development Director shall determine whether the
application is complete. If he or she determines that the application is not complete,
the Director shall notify the applicant in writing of the deficiencies. The Director
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shall take no further steps to process the application until the deficiencies have been
remedied.
c. The application fee shall be set to defray all costs of the review process, including the
fees of an independent hearing officer.
4. Administrative process:
a. When the application is complete, the Community Development Director will refer
the application to the Historic Preservation Officer and the City Attorney for review.
The historic Preservation Officer and City Attorney shall jointly prepare a report
setting forth the City's response.
b. In the event the City response concludes that the application does not demonstrate a
case of economic hardship, the application will be set for a public hearing before a
hearing officer.
c. The hearing officer will be contracted by the City to conduct an impartial quasi -
judicial hearing on the question of economic hardship. The Officer shall have
sufficient legal and technical experience to conduct a fair hearing in accordance with
appropriate standards of due process. The application, all support materials and the
City's report shall be provided to the hearing officer in advance of the hearing. At the
hearing, the applicant will be provided with an opportunity to present his application
and may be represented by counsel. The City position will be presented by the City
Attorney.
5. Appeal: An applicant may appeal the decision of the hearing officer to District Court
pursuant to Rule 106 of the Colorado Rules of Civil Procedure. (Ord. No. 1 -2002, §7
[part]; Ord. No. 30, 2007, §4)
26.415.090. Relocation of designated properties.
The intent of this Chapter is to preserve designated historic properties in their original locations
as much of their significance is embodied in their setting and physical relationship to their
surroundings as well as their association with events and people with ties to particular site.
However, it is recognized that occasionally the relocation of a property may be appropriate as it
provides an alternative to demolition or because it only has a limited impact on the attributes that
make it significant.
A. Application. An application for relocation shall include:
1. The general application information required in Section 26.304.030.
2. A written description and /or graphic illustrations of the building, structure or object
proposed for relocation.
3. A written explanation of the type of relocation requested (temporary, on -site or off -site)
and justification for the need for relocation.
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4. A written report from a licensed engineer or architect regarding the soundness of the
building, structure or object, its ability to withstand the physical move and its
rehabilitation needs, once relocated.
5. A conceptual plan for the receiving site providing preliminary information on the
property boundaries, existing improvements and site characteristics and the associated
planned improvements.
6. If the applicant does not own the receiving site, proof from the site's property owner of
the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessary approvals to place the building
on the identified receiving site. If the site is outside of the city limits, verification that the
building will be preserved on its new site through a formal action of the other jurisdiction
or a preservation easement.
8. Evidence of the financial ability to undertake the safe relocation, preservation and repair
of the building, structure or object; site preparation and construction of necessary
infrastructure through the posting of bonds or other financial measures deemed
appropriate.
9. Supplementary materials to provide an understanding of the larger context for the
relocated property and its impact on adjacent properties, the neighborhood or streetscape.
B. Procedures for the review of relocation request.
1. The Community Development Director shall review the application materials submitted
for relocation approval. If they are determined to be complete, the applicant will be
notified in writing of this and a public hearing before the HPC shall be scheduled.
2. Notice for the review of the relocation request shall include publication, posting and
mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
3. If the relocation request is part of a major development project, the Community
Development Director may consolidate or modify the review process accordingly
pursuant to Section 26.304.060.B.
4. Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the standards for relocation approval set forth below, the City Historic
Preservation Design Guidelines and other applicable Land Use Code sections. This
report will be transmitted to the HPC with relevant information on the proposed project
and a recommendation to continue, approve, disapprove or approve with conditions and
the reasons for the recommendation. The HPC will review the application, the report and
the evidence presented at the hearing to determine if the standards for relocation have
been met.
5. The HPC shall approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to make a decision to approve or deny.
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6. A resolution of the HPC action will be forwarded to the City Council in accordance with
Section 26.415.120 and no relocation will occur until after the thirty (30) day "call up"
period of the City Council has expired.
C. Standards for the relocation of designated properties. Relocation for a building, structure
or object will be approved if it is determined that it meets any one of the following standards:
1. It is considered a noncontributing 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 character 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 hardship; 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, architectural or aesthetic relationships of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding the
physical impacts of relocation;
2. An appropriate receiving site has been identified; and
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
financial security.
D. Procedures for considering request for relocation of properties under consideration for
designation. While it is the intent of this Chapter to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented
and designated at one time. However, it is important to protect properties which potentially
qualify for designation against needless loss until review and hearings can be completed.
1. No relocation will be permitted for properties under consideration for designation to the
Aspen Inventory of Historic Landmark Site and Structures unless relocation approval is
issued by the Historic Preservation Commission or City Council.
2. All properties under consideration for designation and, therefore, subject to the temporary
stay of relocation will be identified on a list maintained by the Chief Building Official.
Property owners will be notified by registered mail that their property is under
consideration for designation and have an opportunity to review all materials compiled at
that time to verify accuracy.
26
3. These procedures shall apply to any building located within an area under preliminary
application for designation from the time the application is filed until the time action is
taken on the application by the City Council.
4. If a public hearing to consider the application for designation is not held by the City
Council within six (6) months of the initiation of the stay, the stay will expire. An
additional six -month stay period may be approved by City Council in the form of a
resolution, at a public hearing, with a showing of good cause. (Ord. No. 1 -2002, § 7
[part])
26.415.100. Demolition by neglect.
It is the intent of this Chapter to address the range of circumstances that affect the preservation of
the community's significant historic and architectural resources. It is further recognized that
many historic buildings and structures are lost because of deterioration from lack of
maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is
the same: the loss of community assets. Consequently, it is declared that the exterior features of
any designated building or structure shall be preserved against decay and deterioration and kept
free from structural defects. The designated structures shall receive reasonable care,
maintenance and upkeep appropriate for their preservation, protection, perpetuation and use.
A. Standards for reasonable care and upkeep.
1. The owner or such other person who may have legal possession, custody and control
thereof of a designated property shall, upon written request by the City, repair the
following exterior features if they are found to be deteriorating or if their condition is
contributing to deterioration such that it is likely to compromise the building's structural
integrity or as to create or permit the creation of any hazardous or unsafe condition to
life, health or other property. These features include, but are not limited to:
a. Deterioration of exterior walls, foundations or other vertical supports that causes
leaning, sagging, splitting, listing or buckling.
b. Deterioration of flooring or floor supports or other horizontal members that causes
leaning, sagging, splitting, listing or buckling.
c. Deterioration of external chimneys that cause leaning, sagging, splitting, listing or
buckling.
d. Deterioration or crumbling of exterior plasters or mortars.
e. Ineffective waterproofing of exterior walls, roofs and foundations, including broken
windows or doors.
f. Defective protection or lack of weather protection for exterior wall and roof
coverings, including lack of paint or weathering due to lack of paint or other
protective covering.
g. Rotting, holes and other forms of decay.
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h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices,
entablatures, wall facings ornamental trim and other architectural details that cause
delamination, instability, loss of shape and form or crumbling.
B. Enforcement procedures.
1. The HPC may file a petition listing specific defects, in accordance with Subsection
26.415.110.A, with the Chief Building Official, requesting that the official act under the
following procedures to require the correction of the defects or repairs to designated
properties.
2. Whenever a petition is filed, the Chief Building Official shall attempt to make direct
personal contact with the owner or other such persons having legal possession or custody
and /or his representative. If personal contact cannot reasonably be accomplished, then
written notification of the specific defects purported by the HPC and a request to inspect
the property within ten (10) days will be mailed to the owner and other such persons
having legal possession, custody and control and will be posted at a conspicuous location
appropriate to the identified defects. In the written notification the Chief Building
Official shall document the nature of the specific defects and the corrective action
ordered.
3. After receiving agreement from the owner, his representatives or other such persons
having legal possession, custody and control of the property for an inspection, the Chief
Building Official and the HPC Officer shall within ten (10) working days conduct an
investigation and prepare a written report determining whether the property requires work
to address conditions set, forth in Subsection 26.415.100.A.1.
4. If the property is found to contain conditions needing correction, the owner, his
representative or other such persons having legal possession, custody and control of the
property will be served within fourteen (14) days with a complaint identifying the
property deficiencies and providing notice that a hearing will be held before a Hearing
Officer of the City within forty -five (45) days. The purpose of the hearing is to:
a. Receive evidence concerning the charge of deterioration and
b. Develop a plan and schedule for making the needed repairs in a timely fashion, such
that the building is stabilized and the deterioration is arrested and
c. Ascertain whether the owner or other parties intend to make application for financial
assistance from the City to correct the building defects.
5. Following such notice and hearing, the Hearing Officer will make a determination if there
are any corrections required pursuant to Subsection 26.415.110.A.1 and shall state in
writing the findings of fact in support of that determination. If it is determined that the
building or structure is undergoing deterioration or if its condition is contributing to
deterioration, the owner or other parties of interest will be served an order to repair those
defective elements of the structure within a reasonable specified time frame.
6. If the owner fails to make the necessary repairs within the identified time frame, the City
may undertake the work to correct the deficiencies that create any hazardous and unsafe
28
conditions to life, health and property. The expense of this work will be recorded as a
lien on the property.
C. Appeal Within thirty (30) days, the owner may appeal the decision of the Hearing Officer
to the Board of Appeals and Examiners pursuant to the process established in Chapter 8.08 of
this Municipal Code. (Ord. No. 1 -2002 § 7 [part])
26.415.110. Benefits.
The City is committed to providing support to property owners to assist their efforts to maintain,
preserve and enhance their historic properties. Recognizing that these properties are valuable
community assets is the basic premise underlying the provision of special procedures and
programs for designated historic properties and districts.
Benefits to encourage good historic preservation practices by the owners of historic properties
are an important aspect of Aspen's historic preservation program. Historic resources are a
valuable community asset and their continued protection is the basic premise supporting the
creation of an innovative package of preservation tools that are unlike any other in the country.
Aspen's preservation benefits are in response to tight historic preservation controls that have
been legislated by the City since 1972. The Community Development Department and Historic
Preservation Commission (HPC) are dedicated to assisting property owners in renovating and
maintaining their property.
Aspen is unique. Its historic resources and spirit of community have not been duplicated
anywhere else in the world. It is this basic character that has helped make the City both
economically vital and cherished by many.
All properties listed on the Aspen Inventory of Historic Landmark Site and Structures may be
eligible for the following benefits.
A. Historic landmark lot split. Properties listed on the Aspen Inventory of Historic Landmark
Sites and Structures may receive an exemption from the subdivision and growth management
quota system, pursuant to Sections 26.480 and 26.470, allowing owners of designated
historic properties to create a second unit in addition to the historic building on their lot
through the subdivision of the property. Refer to specific zone district information in
Chapter 26.710 for further information. All parcels created through a Historic Landmark lot
split shall retain designation on the Aspen Inventory of Historic Sites and Structures.
1. An application for a lot split of a designated historic property may be filed by the owner
by providing the standard information required in Chapter 26.304.
2. The procedure for the review of a historic lot split application is a two -step process
including a public hearing before the HPC and the City Council. Notice for these
hearings includes publication, mailing and posting pursuant to Subsection 26.304.060.E.3
Paragraphs a, b and c.
3. Staff will review the submittal material and prepare a report with relevant information
and a recommendation to continue, approve, approve with conditions or disapprove and
the reason for the recommendation.
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4. The HPC may approve a resolution, recommending that City Council approve, approve
with conditions or disapprove the application.
5. The City Council may, by ordinance, approve, approve with conditions or disapprove the
application.
B. Increased density. Two detached single- family dwelling units or a duplex may be allowed
on a smaller sized lot than is required for a non - designated property. Refer to specific zone
district information in Chapter 26.710 for further information.
C. Variances. Dimensional variations are allowed for projects involving designated properties
to create development that is more consistent with the character of the historic property or
district than what would be required by the underlying zoning's dimensional standards.
1. The HPC may grant variances of the Land Use Code for designated properties to allow:
a. Development in the side, rear and front setbacks;
b. Development that does not meet the minimum distance requirements between
buildings;
c. Up to five percent (5 %) additional site coverage;
d. Less open space than required for the on -site relocation of commercial historic
properties.
2. In granting a variance, the HPC must make a finding that such a 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 architectural
character of the historic property, an adjoining designated historic property or historic
district.
D. Parking. Parking reductions are permitted for designated historic properties on sites unable
to contain the number of on -site parking spaces required by the underlying zoning. Commercial
designated historic properties may receive waivers of payment -in -lieu fees for parking
reductions.
The parking reduction and waiver of payment -in -lieu fees may be approved upon a finding by
the HPC that it will enhance or mitigate an adverse impact on the historic significance or
architectural character of a designated historic property, an adjoining designated property or a
historic district. Refer to Chapter 26.515 for further information.
E. Conditional uses. A variety of conditional uses are allowed for designated historic
properties. These uses are identified in Chapter 26.710.
F. Floor area bonus.
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1. In selected circumstances, the HPC may grant up to five hundred (500) additional square
feet of allowable floor area for projects involving designated historic properties. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
c. The work restores the existing portion of the building to its historic appearance;
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings;
e. The construction materials are of the highest quality;
f. An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and /or
h. Notable historic site and landscape features are retained.
2. Granting of additional allowable floor area is not a matter of right but is contingent upon
the sole discretion of the HPC and the Commission's assessments of the merits of the
proposed project and its ability to demonstrate exemplary historic preservation practices.
Projects that demonstrate multiple elements described above will have a greater
likelihood of being awarded additional floor area.
3. The decision to grant a floor area bonus for major development projects will occur as part
of the approval of a Conceptual Development Plan, pursuant to Subsection 26.415.070.D.
The floor area bonus may also be approved as part of a Historic Landmark Lot Split
Review. No development application that includes a request for a floor area bonus may
be submitted until after the applicant has met with the HPC in a work session to discuss
how the proposal might meet the bonus considerations.
G. Exemption from growth management quota system requirements. Certain types of
development on designated historic properties are exempt from the growth management quota
system and have reduced impact mitigation requirements. Refer to Chapter 26.470 for further
information.
H. Waiver of impact fees. Designated historic properties may be eligible for waiver of Impact
Fees. Refer to Chapter 26.610 for further information.
I. Rehabilitation loan fund. City Council may approve a zero interest loan in an amount up to
twenty -five thousand dollars ($25,000.00) for any property that is in violation of Section
26.415.100 of the Land Use Code, Demolition by Neglect, or to fund other rehabilitation work
which is considered necessary for the preservation or restoration of a designated structure. To be
eligible for this benefit, a property owner shall show evidence of financial need. These one -time
loans shall be repaid at the time of transfer -of -title or by the end of ten (10) years, whichever
comes first.
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J. Conservation easement program. The City may accept a "Conservation Easement" from a
property owner who wishes to forgo any of the allowed square footage on their property in
exchange for a federal tax deduction. A deed restriction shall be filed on the site to show that
future development is limited. The five hundred (500) square foot floor area bonus provided in
Subsection 26.415.120E of the Land Use Code cannot be donated as a conservation easement.
K. City-owned building rehabilitation fund. The City shall give priority in the asset
management plan to budgeting the funds necessary to adequately maintain, rehabilitate or restore
City -owned designated properties.
L. Transferable Development Right (TDR). Pursuant to Chapter 26.535 of this Code, owners
of properties listed on the Aspen Inventory of Historic Landmark Sites and Structures may sever
and convey, as a separate development right, undeveloped floor area to be developed on a
different property within the City. Refer to Section 26.710, Zone Districts for further
information on landing sites for TDRs.
M. Tax credit applications. Community Development staff shall assist property owners in
participating in State and Federal Rehabilitation Tax Credit programs by helping with the
preparation of application materials, undertaking the necessary reviews to assist in obtaining
certification. A twenty percent (20 %) state rehabilitation income tax credit may be available for
locally designated properties and may be combined with a twenty percent (20 %) Federal Income
Tax Credit which may be available for income producing properties listed on the National
Register of Historic Places.
N. Community- initiated development. The City shall consider opportunities to be involved in
public - privately funded rehabilitation efforts, building expansion, or infill projects that
demonstrate good historic preservation practices.
O. Building codes.. The International Building Code (IBC) provides for flexibility in its
application to historic structures. In addition to the IBC, the City has adopted the International
Existing Building Code (IEBC) to assist owners in making repairs in a manner that minimizes
intrusion into the historic structure.
P. Contractor training. The Community Development Department shall provide periodic
workshops for contractors on proper preservation techniques, using grants or other sources of
funding.
Q. Cultural heritage tourism. Through grants or other sources of funding, the City may
facilitate collaborative partnerships among tourist industry sectors, historic property owners and
cultural heritage attractions to create a marketing strategy and marketing products to attract
visitors interested in the distinctive historic character of Aspen.
R. Preservation honor awards. The Aspen Historic Preservation Commission shall present
annual awards to recognize exemplary historic preservation efforts in the City.
S. Historic markers. Through grants or other sources of funding, the City may provide a
historic marker of a standard design for any owner of a designated historic property who desires
a marker to install on their building. The City may also develop a marker or signage program to
recognize designated historic districts.
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26.415.120. Appeals, notice to City Council and call up.
A. Appeal. Any action by the HPC in approving, approving with conditions or disapproving a
development order and an associated certificate of appropriateness for major development,
demolition approval or relocation approval may be appealed to the City Council by the applicant
or a property owner within three hundred (300) feet of the subject property in accordance with
the procedures set forth in Chapter 26.316.
B. Notice to City Council. Following the adoption of a resolution approving, approving with
conditions or disapproving a development application for a certificate of appropriateness for
major development, demolition approval or relocation approval of a designated property, the
HPC shall promptly notify the City Council of its action to allow the City Council an opportunity
to avail itself of the call -up procedure set forth in Subsection 26.415.120.0 and D.
C. Call -up. The City Council may order call up of any action taken by the HPC as described in
Section 26.415.070 within thirty (30) days of the decision, action or determination.
Consequently no associated permits can be issued during the thirty (30) day call -up period.
D. City Council action on appeal or call -up. The City Council shall consider the application
on the record established before the HPC. The City Council shall affirm the decision of the HPC
unless there is a finding that there was a denial of due process or the HPC has exceeded its
jurisdiction or abused its discretion. The City Council shall take such action as is deemed
necessary to remedy said situation, including, but not limited to:
1. Reversing the decision.
2. Altering the conditions of approval.
3. Remanding the application to the HPC for rehearing. (Ord. No. 1 -2002, § 7 [part]; Ord.
No. 52 -2003, § 10)
26.415.130. Variances by other City review bodies.
If an application for a variance involving a designated property is before the Board of
Adjustment or the Planning and Zoning Commission, the HPC will be given the opportunity to
make a written recommendation as to its approval. The Board of Adjustment or the Planning
and Zoning Commission will not take action on said development application for a variance
pursuant to Chapter 26.314, without receiving the written recommendation from the HPC. (Ord.
No. 1 -2002 § 7 [part])
26.415.140. Penalties.
Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be subject
to the general penalty provisions of this Title.
A. Additional penalties. Additional penalties for the violation of Sections 26.415.070 through
26.415.100 include:
1. Any person who constructs, alters, relocates, changes the appearance or demolishes a
designated property in violation of any section may be required to restore the building,
structure or setting to its appearance prior to the violation.
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2. Following notice and public hearing, the HPC shall prohibit the owner, successor or
assigns from obtaining a building permit for the subject property for a period of up to ten
(10) years from the date of the violation. The City shall initiate proceedings to place a
deed restriction on the property to ensure enforcement of this penalty. The property
owner shall be required to maintain the property during that period of time in
conformance with the Standards for reasonable care and upkeep set forth in Subsection
26.415.100A.
3. Any variances or historic preservation benefits previously granted to the property may be
subject to revocation. (Ord. No. 1 -2002, § 7 [part])
Section 2:
Chapter 26.420, Benefits is hereby deleted in its entirety. The content of the Chapter has been
imported into Chapter 26.415, Historic Preservation
Section 3:
Chapter 26.535, Transferable Development Rights (TDR) is hereby amended to allow properties
on the AspenModern Map to be sending sites for TDRs, even if they are not designated to the
Aspen Inventory of Historic Landmark Sites and Structures. The Chapter is hereby amended to
read as follows:
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sections:
Sec. 26.535.010 Purpose
Sec. 26.535.020 Terminology
Sec. 26.535.030 Applicability and prohibitions
Sec. 26.535.040 Authority
Sec. 26.535.050 Procedure for establishing an historic transferable development right
certificate
Sec. 26.535.060 Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070 Review criteria for establishment of an historic transferable development
right
Sec. 26.535.080 Review criteria for extinguishment of an historic transferable development
right
Sec. 26.535.090 Application materials
Sec. 26.535.100 Appeals
26.535.010. Purpose.
The purpose of this Chapter is to encourage the preservation of historic landmarks, those
properties listed on the Aspen Inventory of Historic Landmark Sites and Structures and those
properties identified on the AspenModern Map, within the City by permitting those property
owners to sever and convey, as a separate development right, undeveloped floor area to be
developed on a different property within the City. The program enables standard market forces
and the demand for residential floor area, to accomplish a community goal of preserving Aspen's
heritage as reflected in its built environment.
(Ord. No. 54 -2003, § §4, 5; Ord. No. 16 -2008)
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26.535.020. Terminology.
Establishment of a TDR. The process of creating an historic TDR certificate in exchange for a
property owner lessening the allowable development on an historic property (the sending site)
through a permanent deed restriction.
Extinguishment of a TDR. The process of increasing the allowable development on a property
(the receiver site), as permitted in the Zone District, through the redemption of an historic TDR
certificate.
Historic transferable development right certificate (historic TDR certificate). An
irrevocable assignable property right which allows a certain amount of development, which may
be conveyed separate from the property in which it has historically been associated (the sending
site) and which may be used to increase development rights on another property (the receiver
site). TDR certificates shall require execution by the Mayor, pursuant to a validly adopted
ordinance.
Receiver site. A property on which developments rights are increased in exchange for the City
extinguishing an historic TDR certificate held by the developer of the property. Receiver sites
are also referred to as landing sires.
Sending site. The designated historic landmark property, or property identified on the
AspenModern Map, being preserved by reducing its allowable floor area in exchange for the
City establishing and issuing an historic TDR certificate. (Ord. 54 -2003, § §4, 5)
26.535.030. Applicability and prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known
as Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate,
known as Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the
city limits of the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if
and as may be permitted by the Pitkin County land Use Code. Pitkin County TDRs are not
eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures, and those properties identified on the AspenModern Map, in which the development
of a single- family or duplex home is a permitted use, according to Chapter 26.710, Zone
Districts. Properties on which such development is a conditional use shall not be eligible.
Sending Sites may also be established through adoption of a Final PUD Development Plan,
pursuant to Chapter 26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties designated a
Historic Landmark after establishment of transferable development rights, pursuant to Chapter
26.415.
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Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts. A
property may also be designated as a Receiving Site through adoption of a Final PUD
Development Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies depending upon
the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone Districts,
describes the development allowance for each Historic TDR Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title
shall be evidenced by an assignment of ownership on the actual certificate document. Upon
transfer, the new owner may request the City re -issue the certificate acknowledging the new
owner. Re- issuance shall not require re- adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guarantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent
with this Chapter for the printing of certificates, their safe - keeping, distribution, recordation,
control, and extinguishments.
(Ord. No. 54 -2003, §§ 4, 5; Ord. No. 16 -2008)
26.535.040. Authority.
The City Council, in accordance with the procedures, standards and limitations of this Chapter
and of Chapter 26.304, Common development review procedures, shall approve or disapprove,
pursuant to adoption of an ordinance, a land use application for the establishment of historic
transferable development rights. The Mayor, in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall validate and issue historic TDR certificates, pursuant to a validly adopted ordinance.
The Community Development Director. in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall approve or disapprove a land use application for the extinguishment of historic transferable
development rights. (Ord. No. 54 -2003, §§ 4, 5)
26.535.050. Procedure for establishing a historic transferable development right
certificate.
The following steps are necessary for the issuance of a City historic transferable development
right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
clarify the process, benefits and limitations of the program.
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Owner confirmation. An application for the issuance of a historic TDR certificate shall
only be accepted by the City upon submission of a notarized affidavit from the sending site
property owner signifying understanding of the following concepts:
A deed restriction will permanently encumber the sending site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
historic TDR certificates established from that sending site.
For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of floor
area, as permitted according to the property's zoning, as amended.
The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
Application for issuance of historic TDR certificate. An applicant shall supply the
necessary application materials, identified in Section 26.535.090, Application materials,
along with applicable review fees.
City review and approval of application. The Community Development Department shall
review the application according to the review standards identified in Section 26.535.070,
Review criteria for establishment of a historic TDR and shall forward a recommendation to
the City Council. The City Council shall approve or disapprove the establishment of a
historic TDR certificate by adoption of an ordinance, according to the review standards
identified in Section 26.535.070, Review criteria for establishment of a historic TDR. The
manner of public notice shall be publication, pursuant to Paragraph 26.304.060.E.3.a.
Scheduling of closing date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establish a date on which the respective historic TDR certificates shall be
validated and issued by the City, and a deed restriction on the property shall be accepted by
the City and filed with the County Clerk and Recorder.
Closing. On the mutually agreed upon closing date. the Mayor shall execute and deliver the
applicable number of historic TDR certificates to the property owner, and the property owner
shall execute and deliver a deed restriction lessening the available development right of the
sending site together with the appropriate fee for recording the deed restriction with the
County Clerk and Recorder's Office. (Ord. 54 -2003, §§ 4, 5)
26.535.060. Procedure for extinguishing a historic transferable development right
certificate.
The following steps are necessary for the extinguishment of a City historic transferable
development right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
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clarify the process, benefits and limitations of the program. Applicants are encouraged to
meet with the City Zoning Officer and review potential development plans to ensure the
additional development right can be properly incorporated on the receiver site.
Associated planning reviews. An applicant must gain all other necessary approvals for the
proposed development, as established by this Title.
Application for building permit. An applicant shall submit the necessary materials for a
building permit, pursuant to Section 26.304.075, Building permit.
Confirmation of historic TDR certificate. The applicant shall submit the requisite historic
TDR certificates, and the City shall confirm its or their, authenticity.
City review of application. The Community Development Department shall review the
application according to the review standards identified in Section 26.535.070, Review
standards for extinguishment of a historic TDR.
Extinguishment of historic TDR certificate. Prior to and as a condition of, issuance of a
building permit for a development on a receiver site requiring the extinguishment of a
historic TDR certificate, the applicant shall assign the requisite historic TDR certificates to
the City whereupon the certificates shall be marked "extinguished." The property shall
permanently maintain the additional development benefit of the extinguished TDR according
to the development allowance for a TDR pursuant to Section 26.710, Zone Districts. The
property owner may, at their discretion, record a confirmation letter from the Community
Development Director acknowledging the extinguishment of the TDR(s) for the receiver site.
(Ord. No. 54 -2003, §§ 4, 5)
26.535.070. Review criteria for establishment of a historic transferable development
right.
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to
adoption of an ordinance, finds all the following standards met:
A. The sending site is a historic landmark or property identified on the AspenModern Map, on
which the development of a single- family or duplex residence is a permitted use, pursuant to
Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall
not be eligible.
B. It is demonstrated that the sending site has permitted unbuilt development rights, for either
a single - family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates requested.
C. It is demonstrated that the establishment of TDR certificates will not create a
nonconformity. In cases where a nonconformity already exists, the action shall not increase the
specific nonconformity.
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D. The analysis of unbuilt development right shall only include the actual built development,
any approved development order, the allowable development right prescribed by zoning for a
single - family or duplex residence, and shall not include the potential of the sending site to gain
floor area bonuses, exemptions or similar potential development incentives.
E. Any development order to develop floor area, beyond that remaining legally connected to
the property after establishment of TDR Certificates, shall be considered null and void.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for a single -
family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied
by the number of historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types, of allowed uses, the
maximum development of the property, independent of the established property use, shall be the
floor area of a single - family or duplex residence (whichever is permitted) minus two hundred
fifty (250) square feet of floor area multiplies by the number of historic TDR certificates
established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage
reduction from the allowable floor area for a single - family or duplex residence, as may be
amended from time to time. The sending site shall remain eligible for certain floor area
incentives and /or exemptions as may be authorized by the City Land Use Code, as may be
amended from time to time. The form of the deed restriction shall be acceptable to the City
Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR
certificates to the sending site property owner and that property owner shall execute and deliver a
deed restriction lessening the available development right of the subject property together with
the appropriate fee for recording the deed restriction with the County Clerk and Recorder's
office.
H. It shall be the responsibility of the sending site property owner to provide building plans
and a zoning analysis of the sending site to the satisfaction of the Community Development
Director. Certain review fees may be required for the confirmation of built floor area. (Ord. 54-
2003, §§ 4, 5)
26.535.080. Review criteria for extinguishment of a historic transferable development
right.
Historic TDR certificates may be extinguished to accommodate additional development if the
Community Development Director finds the following standards have been met:
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A. The receiving site is not restricted by a prescribed floor area limitation or the restricting
document permits the extinguishment of historic TDR certificates for additional development
rights.
B. The receiving site and is eligible to receive an increase in development rights as specified
in Chapter 26.710, Zoning Districts, according to the Zone District and the land use or as
otherwise specified in a final PUD plan for the property.
C. All other necessary approvals for the proposed development on the receiver site, as
established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic historic TDR certificates for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the receiver
site, pursuant to Section 26.304.075, Building permit and the additional development can be
accommodated on the receiver site in conformance with all other relevant requirements.
F. Prior to and as a condition of, issuance of a building permit for a development requiring
the extinguishment of a historic TDR certificates, the applicant shall assign and deliver the
authentic certificates to the City whereupon the certificates shall be marked "extinguished."
G. The Community Development Director shall issue a letter confirming the extinguishment
of the TDR certificates and increasing the available development rights of the receiver site. The
applicant may wish to record this document with the County Clerk and Recorder. The
confirmation letter shall not stipulate an absolute total floor area, but shall stipulate a square
footage increase from the allowable floor area, according to the Zone District and land use of the
receiver site at the time of building permit submission. The receiver site shall remain subject to
amendments to the allowable floor area and eligible for certain floor area incentives and/or
exemptions as may be authorized by the City Land Use Code, as may be amended from time to
time. The form of the confirmation letter shall be acceptable to the City Attorney.
H. The development allowed on the receiver site by extinguishment of historic TDR
certificates shall be that allowed in Chapter 26.710, Zone Districts, according to the Zone
District and the land use or as otherwise specified in a final PUD plan for the receiver site and
shall not permit the creation of a nonconforming use or structure. (Ord. No. 54 -2003, § §4, 5;
Ord. No. 16 -2008)
26.535.090. Application materials.
A. The contents of a development application to establish an historic TDR certificate shall be as
follows:
1. The general application information required in Common development review
procedures, Chapter 26.304.
2. A notarized affidavit from the sending site property owner signifying acknowledgment of
the following:
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a. A deed restriction will permanently encumber the sending site and restrict that
property's development rights to below that allowed by right by zoning according to
the number of historic TDR certificates established from that sending site.
b. For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of
floor area, as permitted according to the property's zoning, as amended.
c. The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
3. A site improvement survey of the sending site depicting:
a. Existing natural and man -made site features.
b. All legal easements and restrictions.
4. Dimensioned, scaled drawings of the existing development on the sending site and a floor
area analysis of all structures thereon.
5. A proposed deed restriction for the sending site.
6. Written response to each of the review criteria.
B. The contents of a development application to extinguish an historic TDR certificate shall be
as follows:
1. The necessary application materials for a complete building permit submission, pursuant
to Section 26.304.075, Building permit.
2. Written response to each of the review criteria. (Ord. No. 54 -2003, § §4, 5)
26.535.100. Appeals
An applicant aggrieved by a determination made by the Community Development Director,
pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedures
and standards of Chapter 26.316, Appeals.
An applicant aggrieved by a determination made by the City Council, pursuant to this Section,
may appeal the decision to a court of competent jurisdiction. (Ord. No. 54- 2003, §5)
Section 4: 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.
41
Section 5: 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 6: Recordation
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 7: Public Hearing
A public hearing on the ordinance shall be held on the 22nd day of November, 2010, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the day of , 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
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Exhibit A
Sec. 26.310.040. Standards of review.
In reviewing an amendment to the text of this Title or an amendment to the Official Zone
District Map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Response: The amendment is not in conflict with other areas of the Municipal Code.
Aspen adopted historic preservation regulations almost 40 years ago and the identification and
preservation of postwar era properties has been on -going for over 20 years. The proposed
amendments are revisions to an existing voluntary system that requires detrimental alterations to
potential historic resources to be temporary delayed while the City and property owner discuss
alternatives.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
Staff Response: The AACP specifically addresses historic preservation and the importance of
protecting "all buildings and sites of historic significance," representing not only the Victorian
era, but Aspen's ski history and mid - century renaissance as well.
C. Whether the proposed amendment is compatible with surrounding zone districts
and land uses, considering existing land use and neighborhood characteristics.
Staff Response: Aspen has never had a minimum age requirement for designation. The
opportunity for postwar era properties to be designated, at least voluntarily, has been in place for
years, therefore staff does not perceive the code amendments as having any new, unanticipated
impact on the community.
D. The effect of the proposed amendment on traffic generation and road safety.
Staff Response: n/a.
E. Whether and the extent to which the proposed amendment would result in demands
on public facilities and whether and the extent to which the proposed amendment
would exceed the capacity of such public facilities including, but not limited to,
transportation facilities, sewage facilities, water supply, parks, drainage, .schools
and emergency medical facilities.
Staff Response: n/a.
F. Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment.
Staff Response: A well used quote within the preservation field is that "The greenest building is
the one that already exists." Staff believes that impacts on the natural environment are generally
reduced by historic preservation efforts.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City.
Staff Response: This code amendment is intended to ensure stability in Aspen's neighborhoods
and community characteristics by preserving past development patterns where appropriate.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
Staff Response: n/a.
1. Whether the proposed amendment would he in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Response: Staff believes the extensive public process on this topic has been as
comprehensive as possible. Staff is proposing amendments to the Land Use Code that are
intended to reflect a broad range of input. While the proposed amendments may not please all
parties, staff believes they represent the many opinions and creative ideas that have been
generated during a difficult period that has been termed by some as "purgatory," and are a
responsible way to conclude the debate.
EXHIBIT B
The proposed amendments to the Land Use Code are delineated as follows:
• Text being removed is brown and struck out.
• Text being added is orange and underlined.
• Text which is relocated from Chapter 26.420, which is being deleted, into Chapter
26.415 is green.
• Text which is not shown in color is not affected; and
Chapter 26.415
HISTORIC PRESERVATION
Sections:
26.415.010 Purpose and intent
26.415.020 Definitions
26.415.025 - • - • ' •.' . Identification of historic properties
26.415.030 Designation of historic properties
26.415.040 Recordation of designation
26.415.050 Rescinding designation
26.415.060 Effect of designation
26.415.070 Development involving designated historic properties
26.415.080 Demolition of designated properties
26.415.090 Relocation of designated historic properties
26.415.100 Demolition by neglect
26.415.110 Benefits
26.415.120 Appeals, Council notice and call up
26.415.130 Variances by other City review bodies
26.415.140 Penalties
26.415.010. Purpose and intent.
The purpose of this Chapter is to promote the public health, safety and welfare through the
protection, enhancement and preservation of those properties, areas and sites, which represent
the distinctive elements of Aspen's cultural, educational, social, economic, political and
architectural history. Under the authority provided by the Home Rule Charter of the City and
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Section 29- 20- 104(c), C.R.S., to regulate land use and preserve areas of historical, architectural,
archaeological, engineering and cultural importance, this Chapter sets forth the procedures to:
A. Recognize, protect and promote the retention and continued utility of the historic
buildings and districts in the City;
B. Promote awareness and appreciation of Aspen's unique heritage;
C. Ensure the preservation of Aspen's character as an historic mining town, early ski resort
and cultural center;
D. Retain the historic, architectural and cultural resource attractions that support tourism and
the economic welfare of the community; and
E. Encourage productive, economical and attractive reuse of historic structures. (Ord. No.
1 -2002, §7 [part])
The City does not intend by the historic preservation program to preserve every old MU but Comment (al]: This language was recommended
instead to draw a reasonable balance between private property rights and the public interest i n by one c terra committee of the Task Force
preserving the City's cultural, historic, and architectural heritage. This should be accomplished
by ensuring that demolition of buildings and structures important to that heritage are carefully
weighed with other alternatives. Alterations to historically significant buildings and new
construction in historic areas shall respect the character of each such setting. not by imitating
surrounding structures, but by being compatible with them as defined in historic preservation
guidelines.
26.415.020. Definitions.
The following definitions are specific to the terms as used in this Chapter and in the field of
historic preservation:
Alteration. A change to an existing building, structure or feature that modifies its original
appearance or construction.
Certificate of appropriateness. An official form issued by the City stating that the proposed
work on a designated historic property is compatible with its historic and architectural character
and, therefore, the work may be completed as specified in the certificate and the City may issue
any permits needed to do the work specified in the certificate.
Certificate of demolition approval. An official form issued by the City authorizing the issuance
of a demolition permit for a designated historic property or for a building or structure located in a
designated historic district.
Certificate of economic hardship. An official form issued by the City, in connection with a
certificate of demolition approval, that allows the demolition of a designated historic property as
the owner has demonstrated that maintaining it will impose an economic hardship.
Certificate of no negative effect. An official form issued by the City stating that the proposed
work will have no detrimental effect on the character - defining features of a designated property
and, therefore, the work may proceed as specified in the certificate without obtaining further
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approvals under this Chapter and the City may issue any permits needed to do the work in the
specified certificate.
Contributing resource. A building, site, structure or object that adds to the historic associations,
historic architectural qualities or archaeological values for which a property or district is
considered significant.
Designated property. A property listed on the Aspen Inventory of Historic Landmark Sites and
Structures.
Historic District A collection, concentration, linkage or continuity of buildings, structures, sites
or objects united historically or aesthetically by plan or physical development.
Historic context paper. Research papers that define Aspen's architectural and cultural patterns in
the context of local and national history. Historic context papers are used to guide staff, the
Historic Preservation Commission and City Council in determining the historic significance of
structures and properties in the City of Aspen.
Integrity. The ability of a property to convey its significance relative to the aspects of location,
setting, design, materials, workmanship and association.
Monitoring committee. A subcommittee appointed by the Historic Preservation Commission of
up to two (2) Commission members and the Historic Preservation Officer to provide oversight in
the implementation of rehabilitation.
Noncontributing resource. A building, structure, site or object that does not add to the historic
architectural qualities or historic associations for which a property or district is significant
because it was not present during the period of significance or does not relate to the documented
significance; or due to alterations, additions, disturbances or other changes, it no longer
possesses historic integrity.
Object. A term used to distinguish buildings and structures from those constructions that are
primarily artistic in nature or small in scale and simply constructed. It may be by nature or
design movable, but it is associated with a specific setting and environment.
Rehabilitation. Making a building or structure sound and usable without attempting to restore it
to a particular period appearance, while retaining the character - defining features.
Relocation. Moving a building or structure from its original, historically significant or existing
location to another location.
Repair. To restore to a sound or good state after decay, dilapidation or partial destruction.
Restore. The repair or recreation of the original architectural elements or features of an historic
property so that it resembles an appearance it had at some previous point in time.
Significance. The documented importance of a property for its contribution to or representation
of broad patterns of national, regional or local history, architecture, engineering, archaeology and
culture.
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Site. The location of a significant event, a prehistoric or historic occupation or activity or a
building or structure, whether standing, ruined or vanished, where the location itself possesses
historic, cultural or archaeological value regardless of the value of any existing structure.
Structure. A term used to distinguish from buildings those functional constructions made for
purposes other than creating human shelter. (Ord. 1- 2002, §7 [part])
26.415.025 Identification of historic properties
A. Surveys, Maps and Historic Context Papers. The Community Development Director shall
conduct or cause to be conducted such preliminary surveys, studies or investigations as deemed
necessary or advisable to adequately inform City Council and the Historic Preservation
Commission of those properties located within the City which represent Aspen's 19 and 20
century history. The Community Development Director shall memorialize the results of surveys,
studies and investigations in a series of historic inventory forms. maps and historic context
papers. Said inventory forms. maps, and context papers shall be maintained by the Community
Development Department and shall be made available for public inspection at all reasonable
times. New inventory forms, maps and historic context papers shall not be adopted by City
Council except for every tenth year, starting in January 2011.
These resources shall be referenced by the Historic Preservation Commission and City Council
4 when reviewing applications for designation.
N . Aspen Victorian Properties. Properties associated with Aspen's 19 century history shall be - - -{ Comment [a2]: The Task Force recommended no
called Aspen Victorian. The City of Aspen has comprehensively identified examples of changes to the treatment or Victorian era resources
Victorian era properties in Aspen since the 1970s. All such properties have been designated by
ordinance to the Aspen Inventory of Historic Landmark Sites and Structures. Such properties are
subject to the terms of this Chapter. Additional 19 century properties may be identified and
designated in the future if they are determined to meet the criteria of Section 26.415.030.8.1.
Id. AspenModern Properties. Properties associated with Aspen's 20 century history shall be Comment [a3]: The term AspenModern defines
the called AspenModern. Properties added to the AspenModern Map shall be subject to a delay on besubec distinctions orianl
P P P P subject y be subject to some distinctions from the Victorian
the issuance of land use approvals and building permits which could destroy their historic era properties.
significance. Properties added to the AspenModern Map shall be eligible for certain preservation
benefits without being designated by City Council and may be awarded preservation incentives
above and beyond thosc identified at Section 26.415.110, as follows. Property owners are
encouraged to meet proactively with the historic preservation commission before undertaking
development plans to receive preliminary feedback on appropriate development and benefits.
1. Ninety -Day Negotiation Period. In the case that the owner of a property added to the
AspenModern Map submits a land use application or building permit proposing work that the
Community Development Director determines to meet the definition of Major Development.
Demolition or Relocation. as defined in this Chapter. issuance of the land use approval or
building permit shall be placed on a temporary ninety -day hold.
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Work undertaken in conformance with the International Building Code provisions for
emergency repairs shall be exempt from this Section provided that the proposed repairs
match the surrounding exterior materials and character to the extent practicable. Also
exempt from this Section are alterations. land use applications. and building permits limited
to interior remodeling, paint color selection. exterior repainting or replastering similar to the
existing finish or routine maintenance such as caulking, replacement of fasteners. or repair of
window glazing and other such exterior alterations which are determined by the Community
Development Director to be minimally intrusive or reversible work that does not diminish the
historic character of the property.
A property owner may also enter into the ninety -day negotiation period by submitting a
voluntary application for designation to the Aspen Inventory of Historic Landmark Sites and
Structures.
•
Only complete land use applications or building permits, as determined by the Community
• Development Director, shall be accepted. Nothing herein shall prevent the City from
reviewing the land use application or building permit during the ninety -day negotiation
period.
A letter from the property owner indicating an understanding of this ninety -day negotiation
period shall accompany the land use application or building permit. The ninety -day
negotiation period may be extended an additional thirty (30) days upon a resolution adopted
by the Council, or longer if mutually acceptable to both the Council and the property owner.
Within the ninety -day negotiation period. the following shall occur:
a. The Community Development Director shall offer to meet with the property owner to
discuss the City's Historic Preservation Program and benefits that the property may be
eligible to receive upon designation as a Historic Landmark.
b. The Community Development Director shall confer with the Historic Preservation
Commission. at a public meeting, regarding the proposed land use application or building
permit and the nature of the property. The property owner shall be provided notice of
this meeting.
H istoric Preservation Commission, using context papers and integrity scoring sheets _ -- Comment [a4]: Currently there are no specific
for the property under consideration. shall provide Council with an assessment of the n b n eterminh is lan guage u of
ded
negotiated t
negotiated benefits. This lanage i s intended to
property's conformance with the designation criteria of Section 26.415.030.C.1. When provide a framework.
any benefits that are not included in Section 26.415.110 are requested by the property
owner. HPC shall also evaluate how the designation, and any development that is
concurrently proposed. meets the policy objectives for the historic preservation program,
as stated at Section 26.415.010, Purpose and Intent. an additional measure of the Comment Lags]: The Historic Preservation Task
appropriateness of designation and benefits, HPC shall determine whether the subject Force supported the concept °fa matrix that
classified properties based on significance and
property is a "good. better, or best" example of Aspen's 20 century historic resources. integrity, and awards the most preservation bene fits
to the best examples. If Council supports the matrix
concept, it will be refined for second reading and
I may be inserted as an illustration in this Chapter.
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c. The Community Development Director shall confer with the City Council regarding the
proposed land use application or building permit, the nature of the property, and the staff
and Historic Preservation Commission's assessment of its historic significance and the
effects of the application or building permit. The property owner shall be provided notice
of this meeting.
d. The City Council may negotiate directly with the property owner or may choose to direct
the Community Development Director, or other City staff as necessary, to negotiate with
the property owner to reach a mutually acceptable agreement for the designation of the
property. The City Council may choose to provide this direction in Executive Session.
pursuant to State Statute. As part of the mutually acceptable agreement, the City Council
may, at its sole discretion, approve any land use entitlement or fee waiver permitted by
the Municipal Code and may award any approval that is assigned to another Board or
Commission. including variations. Council shall consider the appropriateness of benefits
in light of whether the property is identified as a "good, better, or best" example of
Aspen's 20 century history and shall also seek to be equitable in the benefits awarded
through the negotiation process. Council shall seek compatibility with the neighborhood
surrounding the subject property.
When benefits are awarded as part of the negotiation, Council shall require that the
property be designated as a Historic Landmark, pursuant to the standards and limitations
of Section 26.415.030, Designation of Historic Properties. As part of the mutually
acceptable agreement, the City Council may choose to require the land use application or
building permit that initiated the negotiation to be withdrawn by the property owner if
said application or permit would have negatively affected the historic significance of the
property.
Once a property identified on the AspenModern Map is designated to the Aspen
Inventory of Historic Landmark Sites and Structures, additional negotiation under this
section is not allowed.
e. If, upon the passage of 90 days or any extension thereof, the City and the property owner
have failed to reach a mutually acceptable agreement, affected land use applications shall
be issued a Development Order upon compliance with all applicable provisions of the
City of Aspen Land Use Code. Affected building permits shall be reviewed and shall be
issued upon compliance with all applicable building codes. The City Council, at its sole
discretion, may choose to terminate negotiations at any time and allow the land use
application or building permit to be processed.
2. Voluntary review /Processing Advantages. Owners of properties included on the
AspenModern Map who voluntarily comply with the provisions of this Char may proceed
with approved work without making application for designation. III Community mment [a6]: Items 2 and 3 are the benefits
Development Director shall consider waiver or reduction of permit fees for the subject work. may he awarded to an nSPenM °dem Pt °Pe ty
even if it is not designated.
If this is not achievable within the City budget, the Community Development Director shall
ensure that the land use application and building permit review proceed ahead of all other
applications except those associated with affordable housing and Essential Public Facilities.
6
3. Transferable Development Rights. Properties which are included on the AspenModem
Map shall be eligible to create and sell transferable development rights according to the
provisions of Chapter 26.535 of this Code. even if they are not designated on the Aspen
Inventory of Historic Landmark Sites and Structures.
4. Removal from AspenModern Map. lf, in the opinion of the Community Development
Director after execution of a building permit issued pursuant to this Section, the property
included on the AspenModern Map has been demolished or so altered that it would no longer
meet the criteria for designation to the Aspen Inventory of Historic Sites and Structures, the
Community Development Director shall remove the property from the AspenModern Map
and it shall no longer be subject to the terms of this Chapter.
O wnei of properties included on the AspenModern Map may appeal to the Historic comment [a7]: There has been no process for
owners of properties listed on Ordinance 448 to
Preservation Commission to he removed from the AspenModern Map. If the Historic
demonstrate that their property does not meet the
Preservation Commission, at a public hearing. determines that the designation criteria found designation criteria. An appeal process is proposed
at Section 26.415.030.C.2 are not met. the property shall be removed from the AspenModern to be put in place.
Map. A finding that the criteria are met shall not cause the property to be designated.
however it shall remain on the AspenModern Map. The determination of the Historic
Preservation Commission may be appealed to City Council according to Section 26.316. If
an application for removal from the AspenModern Map is denied. an application cannot be
filed again for a period of two (2) years from the date of the denial by the HPC or City
Council. The time limitation of this Subsection may be waived by City Council when such
action is deemed necessary to prevent injustice or it is determined to be in the best interests
of the City. If the primary structure(s) on any property identified on the AspenModern Map
have been destroyed by an act of God or are otherwise declared unsafe and ordered
demolished by the Chief Building Official, the property shall be removed from the
AspenModern Map.
5. 1pen. Any owner who takes unapproved or unpermitted action to alter or demolish a comment [as]: These same penalties exist in the
property included on the AspenModem Map, including purposeful removal, change or cuftnt system, ancl apply to all existing Iandmarks
damage to any exterior materials. features, portions of a building, or structural members of a
building shall be subject to the penalties established in Section 26.415.140. Penalties. Before
any penalties are assessed pursuant to this Chapter. the Community Development
Department must demonstrate to City Council. using date stamped photographs. that the
exterior of the building has been altered after the adoption date of this ordinance.
Properties included on the AspenModern Map shall receive reasonable care, maintenance and
upkeep as described in Section 26.415.100. Demolition by Neglect.
21L-44-5v02-5 Comment [a9]: The language shown in brown is
the existing regulations that apply to properties listed
on Ordinance #48.
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26.415.030. Designation of historic properties.
The designation of properties to an official list, that is known as the Aspen Inventory of Historic
Landmark Sites and Structures which is maintained by the City, is intended to provide a
systematic public process to determine what buildings, areas and features of the historic built
environment are of value to the community. Designation provides a means of deciding and
communicating, in advance of specific issues or conflicts, what properties are in the public
interest to protect.
A. Establishment of the Aspen Inventory of Historic Landmark Site and Structures. The
Aspen Inventory of Historic Landmark Sites and Structures has been established by City Council
to formally recognize those districts, buildings, structures, sites and objects located in Aspen that
have special significance to the United States, Colorado or Aspen history, architecture,
archaeology, engineering or culture. The location of properties listed on the inventory shall be
indicated on maps on file in the Community Development Department.
. - . •. .. -
11
1
y `
inventoryy,
•
be preserved.
B. Aspen Victorian
it Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites - _ Comment [ alo ]: This is the existing criteria for
and Structures as an example of Aspen Victorian. an individual building, site, structure or designation of properties that are azleast IOO years
object or a collection of buildings. sites, structures or objects must have a demonstrated
quality of significance. The quality of significance of properties shall be evaluated according
to the criteria described below. When designating a historic district, the majority of the
contributing resources in the district shall meet the criteria described below:
a. The property or district is deemed significant for its antiquity, in that it contains
structures which can be documented as built during the 19 century, and
12
b. The property or district possesses an appropriate degree of integrity of location, setting.
design. materials, workmanship and association, given its age. The City Council shall
adopt and make available to the public score sheets and other devices which shall be used
by the Council and Historic Preservation Commission to apply this criterion.
2. Application. Property owners, the Community Development Director, the Historic
Preservation Commission (IIPC) or the City Council may file an application for designation
of an Aspen Victorian building, district, site. structure or object on the Aspen Inventory of
Historic Landmark Sites and Structures. The application for the designation of a property or
collection of properties shall include the following:
a. The applicable information required in subsections 26.304.030.8.1.. 2.. 3.. and 4.
b. Site or historic district boundary map.
c. Property or district description, including narrative text, photographs and/or other graphic
materials that document its physical characteristics.
d. Written description of how the property meets the criteria for designation.
C.AspenModern
1. triter* To be eligible for designation on the Aspen Inventory of Historic Landmark Sites Comment [all]: The criteria in this section was
pro
and Structures as an example of AspenModern, an individual building, site. structure or Forcesedby the Criteria committee of the Task
object or a collection of buildings, sites, structures or objects must have a demonstrated '
quality of significance. The quality of significance of properties shall be evaluated according
to criteria described below. When designating a historic district, the majority of the
contributing resources in the district must meet at least Wit of the criteria a -d, and criterion e Comment (a12]: Currently only one designation
described below: criterion must be met.
a. The property is related to an event. pattern, or trend that has made a contribution to local,
state, regional or national history that is deemed important. and the specific event, pattern
or trend is identified and documented in an adopted context paper:
b. The property is related to people who have made a contribution to local. state, regional or
national history that is deemed important. and the specific people are identified and
documented in an adopted context paper:
c. The property represents a physical design that embodies the distinctive characteristics of
a type, period or method of construction, or represents the technical or aesthetic
achievements of a recognized designer. craftsman, or design philosophy that is deemed
important and the specific physical design. designer. or philosophy is documented in an
adopted context paper;
d. Thej property possesses such singular significance to the City, as documented by the -- Comment [ a13]: This "wildcard'' criteria was
proposed to address properties with significance that
opinions of persons educated or experienced in the fields of history. architecture, was unforeseen and not addressed in a historic
landscape architecture, archaeology or a related field. that the property's potential context paper .
demolition or major alteration would substantially diminish the character and sense of
place in the city as perceived by members of the community. and
13
e. IA property or district possesses an appropriate degree of integrity of location, setting, Comment [a141: Integrity is determined using
scoring
design, materials, workmanship and association. given its age. The City Council shall
architectural ural s styyle le have been tailored to each
in the AspenModern program. J
adopt and make available to the public score sheets and other devices which shall be used
by the Council and Historic Preservation Commission to apply this criterion.
2. Application. Only the owner(s) may file an application for designation of an { Comment [a15]: Voluntary only.
AspenModern building. district. site. structure or object on the Aspen Inventory of Historic
Landmark Sites and Structures. The application for the designation of a property or
collection of properties shall include the followingj
a. The applicable information required in subsections 26.304.030.B. L. 2., 3. and 4.
b. Site or historic district boundary map.
c. Property or district description, including narrative text, photographs and/or other graphic
materials that document its physical characteristics.
d. Written description of how the property meets the criteria for designation.
e. Written description of historic preservation benefits which theproperty owner requests be
awarded at the time of designation and relationship to Section 26.415.010. Purpose and
Intent of the historic preservation program.
D. Review, public hearings and notice.
1. t • t. • , , •• • • ' , ' , . , . • • • _ • • _ Comment [ai6]: This language remains from the
pre- Ordinance #48 approach to postwar properties.
of-a- property- shall --be E }. • • • • . • • , building
2:1.An application for designation on the Aspen Inventory of Historic Landmark Sites and
Structures shall be transmitted to the Community Development Director to determine if
the application is complete. For applications filed with sufficient information, a report
will be prepared by City staff for transmittal to the HPC with the relevant information on
the proposed historic property or district with a recommendation to approve or
disapprove and the reasons for the recommendation.
3•2.A date for a public hearing on a complete application will be scheduled before the HPC.
Notice of the hearing shall be provided according to the provisions of Subsections
26.304.060.E.3.a., b. and c., except when the Community Development Director:, HPC or
City Council is the applicant. When the Community Development Director, HPC or City
Council is the applicant, notice of the hearing shall be mailed to the property owner(s)
within three hundred (300) feet of the property and posted on the subject property for at
least thirty (30) days prior to the hearing. Notice to the property owner shall be by
• 14
registered mail. In the event that there is no evidence that the property owner received
actual notice, the HPC may specify that additional measures be taken.
•1-3.The HPC shall evaluate the application to determine if the property or district meets the
criteria for designation. At the public hearing, the property owner, parties of interest and
citizens shall have an opportunity to provide information about the property or district's
eligibility for designation. The HPC may recommend approval, disapproval or
continuance of the application to request additional information necessary to make a
decision to approve or deny. Their recommendation shall be forwarded to City Council.
4.Upon receipt of the decision, report and recommendations of the HPC, the City Council
shall schedule a hearing on the application in accordance with the notice requirements for
adopting an ordinance. The City Council shall evaluate the application to determine if
the property or district meets the criteria for designation. At the public hearing, the
property owner, parties of interest and citizens shall have an opportunity to provide
information about the property or districts eligibility for designation. The City Council
may approve, disapprove or continue the application to request additional information
necessary to make a decision to approve or deny.
6r5.If an application is denied, the Community Development Director, HPC or City Council
may not file a reapplication for designation of the same , property or
district on the Aspen Inventory of Historic Landmark Sites and Structures for five (5)
years from the date of the City Council disapproval. (Ord. No. 1- 2002, §7 [part]; Ord.
No. 30, 2007, §1)
.. . - _ - Comment (a17]: This language remains from the
pre - Ordinance 448 approach to postwar properties.
•
A's roccdurc
,
15
•
•
eonstr.,,�.,�;iof._A- prapert ew ten -regue oeess
2-. . .
€ mmunity ar shall —issue—a— Britten - --- verification—that—the
• • 1 • • .. • . ,
•
Development~Diree • or, a - C- euneil may — net— file-- x— reappl+e ien for
•
•
16
• • • • . 1 1 1
26.415.040. Recordation of designation.
Upon the effective date of an ordinance by City Council designating a property on the Aspen
Inventory of Historic Landmark Sites and Structures, the City Clerk shall record with the real
estate records of the Clerk and Recorder of the County, a certified copy of the ordinance
including a legal description of the property. The location of properties designated by ordinance
also shall be indicated on the official maps of the City that are maintained by the Community
Development Department. (Ord. No. 1 -2002, §7 [part])
26.415.050. Rescinding designation.
A. Application and review. An application for the removal of a property from the Aspen
Inventory of Historic Landmark Sites and Structures shall follow the same submission
requirements and review procedures as for designation described in this Chapter except that with
respect to Subsection 26.415.030.C.4 an explanation shall be provided describing why the
property no longer meets the criteria for designation. The HPC and City Council shall determine
if sufficient evidence exists that the property no longer meets the criteria for designation and, if
so, shall remove the property from the inventory. A parcel created through an historic Landmark
lot split cannot be de- listed unless there is a finding that the resource which originally caused the
site to be landmarked meets the criteria for removal from the historic inventory.
B. Reapplication. If a request for rescinding designation is denied, an application cannot be
filed again for a period of two (2) years from the date of the denial by the City Council. The
time limitation of this Subsection may be waived by a majority vote of the City Council when
such action is deemed necessary to prevent injustice or to facilitate the proper development of
the City. (Ord. No. 1 -2002, §7 [part]; Ord. No. 43, 2004, §1)
26.415.060. Effect of designation.
A. Approvals required. Any development involving properties designated on the Aspen
Inventory of Historic Landmark Sites and Structures, as an individual building or located in an
historic district, unless determined exempt, requires the approval of a development order and
either a certificate of no negative effect or a certificate of appropriateness before a building
permit or any other work authorization will be issued by the City.
17
B. Design guidelines.
1. The HPC has adopted design guidelines, hereinafter referred to as the City of Aspen
Historic Preservation Design Guidelines, in accordance with the procedures for notice
and public hearings set forth in Section 26.304.06(E)(3) Paragraph (a). These guidelines
set forth the standards necessary to preserve and maintain the historic and architectural
character of designated properties and districts. The standards apply to the exterior
features and/or notable streetscape and landscape elements of the designated historic
property and/or district. These guidelines are intended to offer assistance to property
owners undertaking construction, rehabilitation, alterations, changes in exterior
appearance or any other development involving designated historic properties or districts.
The guidelines will be periodically reviewed by the HPC and amended at a public
hearing, as needed.
2. The "City of Aspen Historic Preservation Design Guidelines," as amended, which are on
file with the Community Development Department, will be used in the review of requests
of certificates of no negative effect or certificates of appropriateness. Conformance with
the applicable guidelines and the common development review procedures set forth in
Chapter 26.304 will be necessary for the approval of any proposed work.
C. Special consideration.
1. To preserve and maintain the historic and architectural character of designated properties,
the HPC or City Council may approve variations from the dimensional requirements set
forth in the Land Use Code and may make recommendations to the Chief Building
Official who has the authority to grant certain exceptions from the International Building
Code (UBC) through the provisions of the Intemational Existing Building Code (IEBC).
These modifications may not change the applicable safety and permit requirements and
must also follow the procedures provided for modifications set forth in the IEBC.
2. Designated historic properties are eligible for and have priority to participate in City
programs related to financial, developmental or technical assistance that will serve to
preserve, maintain or enhance their historic and architectural character.
3. All City authorities, including City Council, are authorized to grant economic and
developmental benefits to designated historic properties or grant these benefits
conditional upon the subsequent designation of the property. (Ord. No. 1 -2002, § 7
[part]; Ord. No. 43, 2004, § 2)
26.415.070. Development involving designated historic property.
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. An application for a building permit cannot be
submitted without a development order.
18
A. Exempt development.
1. Selected activities are exempted from the development review procedures including
interior remodeling, paint color selection, exterior repainting or replastering similar to the
existing finish or routine maintenance such as caulking, replacement of fasteners, repair
of window glazing or other such minimally intrusive work.
2. If there is any question if a work activity qualifies as exempt, the Community
Development Director shall make the determination as to its eligibility.
B. Certificate of no negative effect
1. An application for a certificate of no negative effect may be made to the Community
Development Director for approval of work that has no adverse effect on the physical
appearance or character - defining features of a designated property. An application for a
certificate of no effect may be approved by the Community Development Director with
no further review if it meets the requirements set forth in the following Subsection
26.415.070.8.2:
2. The Community Development Director shall issue a development order based upon a
certificate of no negative effect within fourteen (14) days after receipt of a complete
application if:
a. It is determined that the activity is an eligible work item and meets the City Historic
Preservation Design Guidelines and
b. Any modifications to the proposed work requested by the Community Development
Director are agreed to by the owner /applicant and
c. The proposed work will not diminish, eliminate or adversely affect the significant
historic and/or architectural character of the subject property or Historic District in
which it is located.
3. An application for a certificate of no negative effect shall include the following:
a. The general application information required in Section 26.304.030.
b. Elevations or drawings of the proposed work.
c. Photographs, building material samples and other exhibits, as needed, to accurately
depict location, extent and design of proposed work.
d. Verification that the proposal complies with Chapter 26.410, Residential design
standards.
4. The following work shall be considered for a Certificate of No Negative Effect:
a. Replacement or repair of architectural features which creates no change to the
exterior physical appearance of the building or structure.
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b. Replacement or repair of architectural features that restores the building or structure
to its historic appearance.
c. Installation of awnings or similar attachments provided no significant feature is
damaged, removed or obscured by the installation.
d. Fencing that has no adverse effect on the historic or architectural character of the
property.
e. Mechanical equipment or accessory features that have no impact on the character -
defining features of the building or structure.
f. Signs which have no effect on the character- defining features of the historic property.
g. Alterations to noncontributing buildings within historic districts that have no adverse
effect on its historic or architectural character.
h. Alterations to no more than two (2) elements of nonprimary facades of a designated
building.
i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or
similar significant features.
5. The development order and associated certificate of no negative effect shall expire and
become null and void after three (3) years from the date of issuance by the Community
Development Director unless a building permit is issued within that time.
6. In the event that the Community Development Director determines that the issuance of a
certificate of no negative effect is not appropriate, the owner may apply for a certificate
of appropriateness from the HPC.
C. Certificate of appropriateness for a minor development.
I. The review and decision on the issuance of a certificate of appropriateness for minor
development shall begin with a determination by the Community Development Director
that the proposed project constitutes a minor development. Minor development work
includes:
a. Expansion or erection of a structure wherein the increase of the floor area of the
structure is two hundred and fifty (250) square feet or less or
b. Alterations to a building facade, windows, doors, roof planes or material, exterior
wall materials, dormer porch, exterior staircase, balcony or ornamental trim when
three (3) or fewer elements are affected and the work does not qualify for a certificate
of no negative effect or
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c. Erection or installation of a combination or multiples of awning, canopies,
mechanical equipment, fencing, signs, accessory features and other attachments to
designated properties such that the cumulative impact does not allow for the issuance
of a certificate of no negative effect or
d. Alterations that are made to nonhistoric portions of a designated historic property that
do not qualify for a certificate of no negative effect or
e. The erection of street furniture, signs, public art and other visible improvements
within designated historic districts of a magnitude or in numbers such that the
cumulative impact does not allow for the issuance of a certificate of no negative
effect.
The Community Development Director may determine that an application for work
on a designated historic property involving multiple categories of minor development
may result in the cumulative impact such that it is considered a major development.
In such cases, the applicant shall apply for a major development review in accordance
with Subsection 26.415.07.D.
2. An application for minor development shall include the following:
a. The general application information required in Section 26.304.030.
b. Scaled elevations and/or drawings of the proposed work and its relationship to the
designated historic buildings, structures, sites and features within its vicinity.
c. An accurate representation of all building materials and finishes to be used in the
development.
d. Photographs and other exhibits, as needed, to accurately depict location, extent and
design of proposed work.
e. Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being met.
3. The procedures for the review of minor development projects are as follows:
a. The Community Development Director will review the application materials and if
they are determined to be complete, schedule a public hearing before the HPC. The
subject property shall be posted pursuant to Paragraph 26.304.060.E.3.b.
b. Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use Code
sections. This report will be transmitted to the HPC with relevant information on the
proposed project and a recommendation to approve, disapprove or approve with
conditions and the reasons for the recommendation. The HPC will review the
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application, the report and the evidence presented at the hearing to determine the
project's conformance with the City Historic Preservation Design Guidelines.
c. The HPC shall approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve
or deny. If the application is approved, the HPC shall issue a certificate of
appropriateness and the Community Development Director shall issue a development
order.
d. The HPC decision shall be final unless appealed by the applicant or a landowner
within three hundred (300) feet of the subject property in accordance with the
procedures set forth in Chapter 26.316.
D. Certificate of appropriateness for major development.
1. The review and decision on the issuance of a certificate of appropriateness for major
development shall begin with a determination by the Community Development Director
that the proposed project constitutes a major development. A major development
includes one or more of the following activities:
a. The construction ofa new structure within a historic district; and/or
b. Alterations to more than three (3) elements of a building facade including its
windows, doors, roof planes or materials, exterior wall material, dormers, porches,
exterior staircase, balcony or ornamental trim; and/or
c. The expansion of a building increasing the floor area by more than two hundred and
fifty (250) square feet; and /or
d. Any new development that has not been determined to be minor development.
2. The procedures for the review of major development projects include a two -step process
requiring approval by the HPC of a conceptual development plan and then a final
development plan. If a major development project involves additional City Land Use
approvals, the Community Development Director may consolidate or modify the review
process accordingly, pursuant to Subsection 26.304.060.B.
3. Conceptual development plan review.
a. An application for a conceptual development plan shall include the following:
(1) The general application information required in Section 26.304.030.
(2) A site plan and survey showing property boundaries, the location and orientation
of existing and proposed improvements and predominant site characteristics.
(3) Scaled drawings of all proposed structure(s) or addition(s) depicting their form,
including their height, massing, scale, proportions and roof plan; and the primary
features of all elevations.
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(4) Preliminary selection of primary building materials to be used in construction
represented by samples and/or photographs.
(5) Supplemental materials to provide a visual description of the context surrounding
the designated historic property or historic district including at least one (1) of the
following: diagrams, maps, photographs, models or streetscape elevations.
(6) Verification that the proposal complies with Chapter 26.410, Residential design
standards or a written request for a variance from any standard that is not being
met.
b. The procedures for the review of conceptual development plans for major
development projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for conceptual or final development plan approval. If they are
determined to be complete, the applicant will be notified in writing of this and a
public hearing before the HPC shall be scheduled. Notice of the hearing shall be
provided pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
projects conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City
Historic Preservation Design Guidelines.
(3) 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.
c. The effect of approval of a conceptual development plan is as follows:
(1) Approval of a conceptual development plan shall not constitute final approval of a
major development project or permission to proceed with the development. Such
authorization shall only constitute authorization to proceed with the preparation of
an application for a final development plan.
(2) Approval of a conceptual development plan shall be binding upon HPC in regards
to the location and form of the envelope of the structure(s) and/or addition(s) as
depicted in the conceptual plan application including its height, scale, massing
and proportions. No changes will be made to this aspect of the proposed
development by the HPC as part of their review of the final development plan
unless agreed to by the applicant. If the applicant chooses to makes substantial
amendments to the conceptual design after it has been approved, a new
conceptual development plan hearing shall be required.
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(3) Unless otherwise specified in the resolution granting conceptual development
plan approval, a development application for a final development plan shall be
submitted within one (1) year of the date of approval of a conceptual development
plan. Failure to file such an application within this time period shall render null
and void the approval of the conceptual development plan. The Historic
Preservation Commission may, at its sole discretion and for good cause shown,
grant a one -time extension of the expiration date for a conceptual development
plan approval for up to six (6) months provided a written request for extension is
received no less than thirty (30) days prior to the expiration date.
4. Final development plan review.
a. An application for a final development plan shall include:
(1) The general application information required in Section 26.304.030.
(2) Final drawings of all proposed structures(s) and/or addition(s) included as part of
the development at 1/4" = 1.0' scale.
(3) An accurate representation of all major building materials to be used in the
development, depicted through samples or photographs.
(4) A statement, including narrative text or graphics, indicating how the final
development plan conforms to representations made or stipulations placed as a
condition of the approval of the conceptual development plan.
b. The procedures for the review of final development plans for major development
projects are as follows:
(1) The Community Development Director shall review the application materials
submitted for final development plan approval. If they are determined to be
complete, the applicant will be notified in writing of this and a public hearing
before the HPC shall be scheduled. Notice of the hearing shall be provided
pursuant to Paragraphs 26.304.060.E.3.a, b and c.
(2) Staff shall review the submittal material and prepare a report that analyzes the
project's conformance with the design guidelines and other applicable Land Use
Code sections. This report will be transmitted to the HPC with relevant
information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation.
The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City
Historic Preservation Design Guidelines.
(3) 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. If the application is approved, the HPC shall issue a certificate
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of appropriateness and the Community Development Director shall issue a
development order.
(4) A resolution of the HPC action will be forwarded to the City Council in
accordance with Section 26.415.130 and no permit will be issued for construction
of the project until the thirty (30) day "call up" period by City Council has
expired.
(5) Before an application for a building permit can be submitted, a final set of plans
reflecting any or all required changes by the HPC or City Council must be on file
with the City. Any conditions of approval or outstanding issues which must be
addressed in the field or at a later time shall be noted on the plans.
E. Amendments, insubstantial and substantial. There are two processes for amending plans
approved pursuant to a development order and an associated certificate of appropriateness. All
requests for amendments, insubstantial or substantial, must be in writing and accompanied by
drawing(s) and elevations as specified below.
1. Insubstantial amendments.
a. Insubstantial amendments are minor modifications to HPC approved plans that:
(1) Address circumstances discovered in the course of construction that could not
have been reasonably anticipated during the approval process or
(2) Are necessary for conformance with building safety or accessibility codes and do
not materially change the approved plans or
(3) Approve specific building materials, finishes, design of ornamental trim and other
such detail not provided in the HPC approved plans or
(4) Change the shape, location or material of a building element or feature but
maintains the same quality and approximate appearance of that found in the
approved plans.
b. The Community Development Director may authorize insubstantial amendments to
approved plans.
c. Monitoring committees established by the HPC, composed of up to two (2) members
of the Commission and the Historic Preservation Officer or assign, may also
authorize insubstantial amendments.
d. Decisions of the Community Development Director or monitoring committee are
binding. The Community Development Director or monitoring committee may
determine that the proposed changes qualify as a substantial amendment and remand
the matter to the HPC.
e. Disapproval of a request for an insubstantial amendment may be appealed to the HPC
to be considered in accordance with the procedures for substantial amendments.
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f. Approval of insubstantial amendments of plans will be reported to the HPC at their
regularly scheduled meetings.
2. Substantial amendments.
a. All changes to approved plans that materially modify the location, size, shape,
materials, design, detailing or appearance of the building elements as originally
depicted must be approved by the HPC as a substantial amendment.
b. An application for a substantial amendment shall include the following materials, as
determined appropriate by the Community Development Director:
(1) A revised site plan.
(2) Revised scaled elevations and drawings.
(3) Representations of building materials and finishes.
(4) Photographs and other exhibits to illustrate the proposed changes.
c. The Community Development Director shall review the application materials
submitted for approval of a substantial amendment and waive any submittals not
considered necessary for consideration. If they are determined to be complete, the
applicant will be notified in writing of this and a public hearing before the HPC shall
be scheduled.
d. Notice for the review of an application for a substantial amendment will include
publication, posting and mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b
and c.
e. Staff shall review the submittal material and prepare a report that analyzes the extent
of the changes relative to the approved plans and how the proposed revisions affect
the project's conformance with the design guidelines and other applicable Land Use
Codes. This report will be transmitted to the HPC with relevant information on the
proposed revisions and a recommendation to continue, approve, disapprove or
approve with conditions and the reasons for the recommendation.
f. The HPC will review the application, the staff analysis report and the evidence
presented at the hearing to determine the project's conformance with the City Historic
Preservation Design Guidelines. 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. (Ord. No. 1- 2002, § 7 [part]; Ord. 43, 2004, § 3)
26.415.080. Demolition of designated historic properties.
It is the intent of this Chapter to preserve the historic and architectural resources that have
demonstrated significance to the community. Consequently no demolition of properties
designated on the Aspen Inventory of Historic Landmark Site and Structures will be allowed
unless approved by the HPC in accordance with the standards set forth in this Section.
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A. Procedures for considering requests for demolition of designated properties.
1. An application for a demolition permit for designated properties will be filed with or
referred to the Community Development Director by the Chief Building Official. The
applicant will be provided a written response within fourteen (14) days of the request for
a demolition permit describing the submittal materials needed for consideration.
2. An application for demolition approval shall include:
a. The general application information requested in Section 26.304.030 and written
documentation that the Chief Building Official has determined the building an
imminent hazard or
b. Narrative text, graphic illustrations or other exhibits that provide evidence that the
building, structure or object is of no historic or architectural value or importance.
3. When complete application materials are on file, a public hearing before the HPC shall be
scheduled. Notice for the hearing will include publication, mailing and posting pursuant
to Section 26.304.060.E.3 Paragraphs a, b and c. The staff shall review the submittal
material and prepare a staff report that analyzes the request relative to the criteria for
approval.
4. The HPC shall review the application, the staff report and hear evidence presented by the
property owners, parties of interest and members of the general public to determine if the
standards for demolition approval have been met. Demolition shall be approved if it is
demonstrated that the application meets any one of the following criteria:
a. The property has been determined by the City to be an imminent hazard to public
safety and the owner /applicant is unable to make the needed repairs in a timely
manner,
b. The structure is not structurally sound despite evidence of the owner's efforts to
properly maintain the structure,
c. The structure cannot practically be moved to another appropriate location in Aspen
or
d. No documentation exists to support or demonstrate that the property has historic,
architectural, archaeological, engineering or cultural significance and
Additionally, for approval to demolish, all of the following criteria must be met:
a. The structure does not contribute to the significance of the parcel or historic district in
which it is located and
b. The loss of the building, structure or object would not adversely affect the integrity of
the historic district or its historic, architectural or aesthetic relationship to adjacent
designated properties and
c. Demolition of the structure will be inconsequential to the historic preservation needs
of the area.
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5. The HPC shall approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to consider the demolition request.
6. If the HPC approves the demolition request then a resolution of the HPC action will be
forwarded to the City Council in accordance with Section 26.415.120 and no demolition
permit will be issued until the thirty (30) day "call up" period by City Council has
expired.
7. If the demolition request is denied because it does not meet the aforementioned standards,
the applicant may request demolition approval based upon a finding of "economic
hardship," as set forth below.
8. Before a demolition permit will be issued, a certificate of appropriateness for the
redevelopment or reuse plan, as provided for in Subsection 26.415.070.D, must be
approved. When a demolition permit must be issued because the building, structure or
object is an imminent hazard or because of the issuance of a certificate of economic
hardship, the permit may be received prior to the approval of an acceptable reuse plan.
B. Procedures for obtaining a certificate of economic hardship.
1. Purpose: It is the policy of the City to respect private property rights. The City
recognizes, therefore, that there may be some circumstances in which the operation of
this Chapter could create an undue economic hardship. This provision is created to
provide property owners with a means of demonstrating that such a hardship may exist
and that they should be allowed to demolish a designated historic property because of that
hardship. It is the intent of this provision to insure that no private property is taken
without just compensation.
2. Standard of review: The standard of review for a determination of economic hardship
will be whether refusing to allow the property owner to demolish the property would
result in a violation of the prohibitions of the U.S. and Colorado Constitutions against
taking of private property for public use without just compensation as those prohibitions
are interpreted by the courts of Colorado and the United States. In applying the
standards, the economic benefits of financial, developmental and technical assistance
from the City and the utilization of any federal and state rehabilitation tax credit
programs may be considered.
3. Application:
a. Upon receiving a request for a certificate of economic hardship, the Community
Development Director shall provide a written response within fourteen (14) days as to
the submittal materials required.
b. Within five (5) days after receipt of an application for a certificate of economic
hardship, the Community Development Director shall determine whether the
application is complete. If he or she determines that the application is not complete,
the Director shall notify the applicant in writing of the deficiencies. The Director
shall take no further steps to process the application until the deficiencies have been
remedied.
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c. The application fee shall be set to defray all costs of the review process, including the
fees of an independent hearing officer.
4. Administrative process:
a. When the application is complete, the Community Development Director will refer
the application to the Historic Preservation Officer and the City Attorney for review.
The Historic Preservation Officer and City Attorney shall jointly prepare a report
setting forth the City's response.
b. In the event the City response concludes that the application does not demonstrate a
case of economic hardship, the application will be set for a public hearing before a
hearing officer.
c. The hearing officer will be contracted by the City to conduct an impartial quasi -
judicial hearing on the question of economic hardship. The Officer shall have
sufficient legal and technical experience to conduct a fair hearing in accordance with
appropriate standards of due process. The application, all support materials and the
City's report shall be provided to the hearing officer in advance of the hearing. At the
hearing, the applicant will be provided with an opportunity to present his application
and may be represented by counsel. The City position will be presented by the City
Attorney.
5. Appeal: An applicant may appeal the decision of the hearing officer to District Court
pursuant to Rule 106 of the Colorado Rules of Civil Procedure. (Ord. No. 1 -2002, §7
[part]; Ord. No. 30, 2007, §4)
26.415.090. Relocation of designated properties.
The intent of this Chapter is to preserve designated historic properties in their original locations
as much of their significance is embodied in their setting and physical relationship to their
surroundings as well as their association with events and people with ties to particular site.
However, it is recognized that occasionally the relocation of a property may be appropriate as it
provides an alternative to demolition or because it only has a limited impact on the attributes that
make it significant.
A. Application. An application for relocation shall include:
1. The general application information required in Section 26.304.030.
2. A written description and/or graphic illustrations of the building, structure or object
proposed for relocation.
3. A written explanation of the type of relocation requested (temporary, on -site or off -site)
and justification for the need for relocation.
4. A written report from a licensed engineer or architect regarding the soundness of the
building, structure or object, its ability to withstand the physical move and its
rehabilitation needs, once relocated.
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5. A conceptual plan for the receiving site providing preliminary information on the
property boundaries, existing improvements and site characteristics and the associated
planned improvements.
6. If the applicant does not own the receiving site, proof from the site's property owner of
the willingness to accept the relocated building, structure or object.
7. Evidence that the applicant has or is seeking the necessary approvals to place the building
on the identified receiving site. If the site is outside of the city limits, verification that the
building will be preserved on its new site through a formal action of the other jurisdiction
or a preservation easement.
8. Evidence of the financial ability to undertake the safe relocation, preservation and repair
of the building, structure or object; site preparation and construction of necessary
infrastructure through the posting of bonds or other financial measures deemed
appropriate.
9. Supplementary materials to provide an understanding of the larger context for the
relocated property and its impact on adjacent properties, the neighborhood or streetscape.
13. Procedures for the review of relocation request.
1. The Community Development Director shall review the application materials submitted
for relocation approval. If they are determined to be complete, the applicant will be
notified in writing of this and a public hearing before the HPC shall be scheduled.
2. Notice for the review of the relocation request shall include publication, posting and
mailing pursuant to Section 26.304.060.E.3 Paragraphs a, b and c.
3. If the relocation request is part of a major development project, the Community
Development Director may consolidate or modify the review process accordingly
pursuant to Section 26.304.060.B.
4. Staff shall review the submittal material and prepare a report that analyzes the project's
conformance with the standards for relocation approval set forth below, the City Historic
Preservation Design Guidelines and other applicable Land Use Code sections. This
report will be transmitted to the HPC with relevant information on the proposed project
and a recommendation to continue, approve, disapprove or approve with conditions and
the reasons for the recommendation. The HPC will review the application, the report and
the evidence presented at the hearing to determine if the standards for relocation have
been met.
5. The HPC shall approve, disapprove, approve with conditions or continue the application
to obtain additional information necessary to make a decision to approve or deny.
6. A resolution of the HPC action will be forwarded to the City Council in accordance with
Section 26.415.120 and no relocation will occur until after the thirty (30) day "call up"
period of the City Council has expired.
C. Standards for the relocation of designated properties. Relocation for a building, structure
or object will be approved if it is determined that it meets any one of the following standards:
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1. It is considered a noncontributing 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 character 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 hardship; 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, architectural or aesthetic relationships of adjacent designated properties; and
Additionally, for approval to relocate all of the following criteria must be met:
1. It has been determined that the building, structure or object is capable of withstanding the
physical impacts of relocation;
2. An appropriate receiving site has been identified; and
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
financial security.
D. Procedures for considering request for relocation of properties under consideration for
designation. While it is the intent of this Chapter to preserve properties of demonstrated
significance, it is also recognized that all buildings and areas of importance to the general
welfare, prosperity and civic pride of its citizenry cannot be identified, evaluated, documented
and designated at one time. However, it is important to protect properties which potentially
qualify for designation against needless loss until review and hearings can be completed.
1. No relocation will be permitted for properties under consideration for designation to the
Aspen Inventory of Historic Landmark Site and Structures unless relocation approval is
issued by the Historic Preservation Commission or City Council.
2. All properties under consideration for designation and, therefore, subject to the temporary
stay of relocation will be identified on a list maintained by the Chief Building Official.
Property owners will be notified by registered mail that their property is under
consideration for designation and have an opportunity to review all materials compiled at
that time to verify accuracy.
3. These procedures shall apply to any building located within an area under preliminary
application for designation from the time the application is filed until the time action is
taken on the application by the City Council.
4. If a public hearing to consider the application for designation is not held by the City
Council within six (6) months of the initiation of the stay, the stay will expire. An
additional six -month stay period may be approved by City Council in the form of a
resolution, at a public hearing, with a showing of good cause. (Ord. No. 1- 2002, § 7
[part])
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26.415.100. Demolition by neglect.
It is the intent of this Chapter to address the range of circumstances that affect the preservation of
the community's significant historic and architectural resources. It is further recognized that
many historic buildings and structures are lost because of deterioration from lack of
maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is
the same: the loss of community assets. Consequently, it is declared that the exterior features of
any designated building or structure shall be preserved against decay and deterioration and kept
free from structural defects. The designated structures shall receive reasonable care,
maintenance and upkeep appropriate for their preservation, protection, perpetuation and use.
A. Standards for reasonable care and upkeep.
1. The owner or such other person who may have legal possession, custody and control
thereof of a designated property shall, upon written request by the City, repair the
following exterior features if they are found to be deteriorating or if their condition is
contributing to deterioration such that it is likely to compromise the building's structural
integrity or as to create or permit the creation of any hazardous or unsafe condition to
life, health or other property. These features include, but are not limited to:
a. Deterioration of exterior walls, foundations or other vertical supports that causes
leaning, sagging, splitting, listing or buckling.
b. Deterioration of flooring or floor supports or other horizontal members that causes
leaning, sagging, splitting, listing or buckling.
c. Deterioration of external chimneys that cause leaning, sagging, splitting, listing or
buckling.
d. Deterioration or crumbling of exterior plasters or mortars.
e. Ineffective waterproofing of exterior walls, roofs and foundations, including broken
windows or doors.
f. Defective protection or lack of weather protection for exterior wall and roof
coverings, including lack of paint or weathering due to lack of paint or other
protective covering.
g. Rotting, holes and other forms of decay.
h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices,
entablatures, wall facings ornamental trim and other architectural details that cause
delamination, instability, loss of shape and form or crumbling.
B. Enforcement procedures.
1. The HPC may file a petition listing specific defects, in accordance with Subsection
26.415.110.A, with the Chief Building Official, requesting that the official act under the
following procedures to require the correction of the defects or repairs to designated
properties.
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2. Whenever a petition is filed, the Chief Building Official shall attempt to make direct
personal contact with the owner or other such persons having legal possession or custody
and/or his representative. If personal contact cannot reasonably be accomplished, then
written notification of the specific defects purported by the HPC and a request to inspect
the property within ten (10) days will be mailed to the owner and other such persons
having legal possession, custody and control and will be posted at a conspicuous location
appropriate to the identified defects. In the written notification the Chief Building
Official shall document the nature of the specific defects and the corrective action
ordered.
3. After receiving agreement from the owner, his representatives or other such persons
having legal possession, custody and control of the property for an inspection, the Chief
Building Official and the HPC Officer shall within ten (10) working days conduct an
investigation and prepare a written report determining whether the property requires work
to address conditions set, forth in Subsection 26.415.100.A.1.
4. If the property is found to contain conditions needing correction, the owner, his
representative or other such persons having legal possession, custody and control of the
property will be served within fourteen (14) days with a complaint identifying the
property deficiencies and providing notice that a hearing will be held before a Hearing
Officer of the City within forty -five (45) days. The purpose of the hearing is to:
a. Receive evidence concerning the charge of deterioration and
b. Develop a plan and schedule for making the needed repairs in a timely fashion, such
that the building is stabilized and the deterioration is arrested and
c. Ascertain whether the owner or other parties intend to make application for financial
assistance from the City to correct the building defects.
5. Following such notice and hearing, the Hearing Officer will make a determination if there
are any corrections required pursuant to Subsection 26.415.110.A.1 and shall state in
writing the findings of fact in support of that determination. If it is determined that the
building or structure is undergoing deterioration or if its condition is contributing to
deterioration, the owner or other parties of interest will be served an order to repair those
defective elements of the structure within a reasonable specified time frame.
6. If the owner fails to make the necessary repairs within the identified time frame, the City
may undertake the work to correct the deficiencies that create any hazardous and unsafe
conditions to life, health and property. The expense of this work will be recorded as a
lien on the property.
C. Appeal Within thirty (30) days, the owner may appeal the decision of the Hearing Officer
to the Board of Appeals and Examiners pursuant to the process established in Chapter 8.08 of
this Municipal Code. (Ord. No. 1 -2002 § 7 [part])
26.415.110. Benefits.
The City is committed to providing support to property owners to assist their efforts to maintain,
preserve and enhance their historic properties. Recognizing that these properties are valuable
33
community assets is the basic premise underlying the rovision of special procedures and
programs for designated historic properties and districts. ' Fe��exeftEs- available ex ., ';1
Benefits to encourage good historic preservation practices by the owners of historic properties
are an important aspect of Aspen's historic preservation program. Historic resources are a
valuable community asset and their continued protection is the basic premise supporting the
creation of an innovative package of preservation tools that are unlike any other in the country.
Aspen's preservation benefits are in response to tight historic preservation controls that have
been legislated by the City since 1972. The Community Development Department and Historic
Preservation Commission (HPC) are dedicated to assisting property owners in renovating and
maintaining their property.
Apen is unique. Its historic resources and spirit of community have not been duplicated
anywhere else in the world. It is this basic character that has helped make the City both
economically vital and cherished by many.
All properties listed on the Aspen Inventory of Historic Landmark Site and Structures may be
eligible for the following benefits.
A. Historic landmark lot split provision provides Properties listed on the Ash - "— r k , rrne
Inventory of Historic Landmark Sites and Structures may receive an exemption from the
subdivision and growth management quota system, pursuant to Sections 26.480:930 and
26.4704170, allowing owners of designated historic properties to create a second unit in
addition to the historic building on their lot through the subdivision of the property. Refer to
specific zone district information in Chapter 26.710 for further information. All parcels
created through a Historic Landmark lot split shall retain designation on the Aspen Inventory
of Historic Sites and Structures.
1. An application for a lot split of a designated historic property may be filed by the owner
by providing the standard information required in Chapter 26.304.
2. The procedure for the review of a historic lot split application is a two -step process
including a public hearing before the HPC and the City Council. Notice for these
hearings includes publication, mailing and posting pursuant to Subsection 26.304.060.E.3
Paragraphs a, b and c.
3. Staff will review the submittal material and prepare a report with relevant information
and a recommendation to continue, approve, approve with conditions or disapprove and
the reason for the recommendation.
4. The HPC may approve a resolution, recommending that City Council approve, approve
with conditions or disapprove the application.
5. The City Council may, by ordinance, approve, approve with conditions or disapprove the
application.
34
B. Increased density. Two detached single - family dwelling units or a duplex may be allowed
on a smaller sized lot than is required for a non - designated property. Refer to specific zone
district information in Chapter 26.710 for further information.
D3:C.Variances. Dimensional variations are allowed for projects involving designated properties
to create development that is more consistent with the character of the historic property or
district than what would be required by the underlying zoning's dimensional standards.
1. The HPC may grant variances of the Land Use Code for designated properties to allow:
a. Development in the side, rear and front setbacks;
b. Development that does not meet the minimum distance requirements between
buildings;
c. Up to five percent (5 %) additional site coverage;
d. Less open space than required for the on -site relocation of commercial historic
properties.
2. In granting a variance, the HPC must make a finding that such a variance:
a. Is similar to the pattem, features and character of the historic property or district;
and/or
b. Enhances or mitigates an adverse impact to the historic significance or architectural
character of the historic property, an adjoining designated historic property or historic
district.
GD.Parking. Parking reductions are permitted for designated historic properties on sites unable
to contain the number of on -site parking spaces required by the underlying zoning. Commercial
designated historic properties may receive waivers of payment -in -lieu fees for parking
reductions.
The parking reduction and waiver of payment -in -lieu fees may be approved upon a finding by
the HPC that it will enhance or mitigate an adverse impact on the historic significance or
architectural character of a designated historic property, an adjoining designated property or a
historic district. Refer to Chapter 26.515 for further information.
D TE.Conditional uses. A variety of conditional uses are allowed for designated historic
properties. These uses are identified in Chapter 26.710.
&F.Floor area bonus.
1. In selected circumstances, the HPC may grant up to five hundred (500) additional square
feet of allowable floor area for projects involving designated historic properties. To be
considered for the bonus, it must be demonstrated that:
a. The design of the project meets all applicable design guidelines;
b. The historic building is the key element of the property and the addition is
incorporated in a manner that maintains the visual integrity of the historic building;
35
c. The work restores the existing portion of the building to its historic appearance;
d. The new construction is reflective of the proportional patterns found in the historic
buildings form, materials or openings;
e. The construction materials are of the highest quality;
f. An appropriate transition defines the old and new portions of the building;
g. The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained.
2. Granting of additional allowable floor area is not a matter of right but is contingent upon
the sole discretion of the HPC and the Commission's assessments of the merits of the
proposed project and its ability to demonstrate exemplary historic preservation practices.
Projects that demonstrate multiple elements described above will have a greater
likelihood of being awarded additional floor area.
3. The decision to grant a floor area bonus for major development projects will occur as part
of the approval of a Conceptual Development Plan, pursuant to Subsection 26.415.070.D.
The floor area bonus may also be approved as part of a Historic Landmark Lot Split
Review. No development application that includes a request for a floor area bonus may
be submitted until after the applicant has met with the HPC in a work session to discuss
how the proposal might meet the bonus considerations.
G.Exemption from growth management quota system requirements. Certain types of
development on designated historic properties are exempt from the growth management quota
system and have reduced impact mitigation requirements. Refer to Chapter 26.470 for further
information.
GH.Waiver of impact fees. ! • • . . . .. . .. • • • .
52-2003,43-41 .. .. ..
Designated historic properties may be eligible for waiver of Impact Fees. Refer to Chapter
26.610 for further information.
L Rehabilitation loan fund. City Council may approve a zero interest loan in an amount up to
twenty -five thousand dollars ($25.000.00) for any property that is in violation of Section
26.415.100 of the Land Use Code, Demolition by Neglect, or to fund other rehabilitation work
which is considered necessary for the preservation or restoration of a designated structure. To be
eligible for this benefit, a property owner shall show evidence of financial need. These one -time
loans shall be repaid at the time of transfer -of -title or by the end of ten (10) years, whichever
comes first.
J. Conservation easement program. The City may accept a "Conservation Easement" from a
property owner who wishes to forgo any of the allowed square footage on their property in
exchange for a federal tax deduction. A deed restriction shall be filed on the site to show that
36
future development is limited. The fiv hundred (500) square foot floor area bonus provided in
Subsection 26.415.120€ of the Land Use Code cannot be donated as a conservation easement.
K. City -owned building rehabilitation fund. The City shall give priority in the asset
management plan to budgeting the funds necessary to adequately maintain, rehabilitate or restore
City -owned designated properties.
L. Transferable Development Right (TDR). Per Pursuant to Chapter 26.535 of this Code,
owners of properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures may sever and convey, as a se arate development right, undeveloped floor area
: i.,.ru
to be developed on a different property within the City. Refer to Section �. „ter
26.710, Zone Districts for further information on landing sites for TDRs.
M. Tax credit applications. Cit P!ann:r g Community Development staff shall assist property
owners in participating in State and Federal Rehabilitation Tax Credit programs by helping with
the preparation of application materials, undertaking the necessary reviews to assist in obtaining
certification. A twenty percent (20 %) state rehabilitation income tax credit may be available for
locally designated properties and may be combined with a twenty .ercent 20% Federal Income
Tax Credit which is may be available for income producing properties listed on the National
Register of Historic Places.
N. Community- initiated development. The City will shall consider opportunities to be
involved in public - privately funded rehabilitation efforts, building expansion. or infill projects
that demonstrate good historic preservation practices.
0. Building codes. The International Building Code (IBC) provides for flexibility in its
application to historic structures. In addition to the IBC, the City has adopted the International
Existing Building Code (IEBC) to assist owners in making repairs in a manner that minimizes
intrusion into the historic structure.
P. Contractor training. The Community Development Department shall provide periodic
workshops for contractors on proper preservation techniques, using grants or other sources of
funding.
Q Cultural heritage tourism. Through grants or other sources of funding, the City may
facilitate collaborative partnerships among tourist industry sectors, historic property owners and
cultural heritage attractions to create a marketing strategy and marketing products to attract
visitors interested in the distinctive historic character of Aspen.
R. Preservation honor awards. The Aspen Historic Preservation Commission shall present
annual awards to recognize exemplary historic preservation efforts in the City.
S. Historic markers. Through grants or other sources of funding, the City shall provide a _'- a m"x stx
historic marker of a standard design for any owner of a designated historic property who desires is g
a marker to install on their building. The City may also develop a marker or signage program to %; ��.
recognize designated historic districts.
26.415.120. Appeals, notice to City Council and call up.
37
•
A. Appeal. Any action by the HPC in approving, approving with conditions or disapproving a
development order and an associated certificate of appropriateness for major development,
demolition approval or relocation approval may be appealed to the City Council by the applicant
or a property owner within three hundred (300) feet of the subject property in accordance with
the procedures set forth in Chapter 26.316.
B. Notice to City Council. Following the adoption of a resolution approving, approving with
conditions or disapproving a development application for a certificate of appropriateness for
major development, demolition approval or relocation approval of a designated property, the
HPC shall promptly notify the City Council of its action to allow the City Council an opportunity
to avail itself of the call -up procedure set forth in Subsection 26.415.120.0 and D.
C. Call -up. The City Council may order call up of any action taken by the HPC as described in
Section 26.415.070 within thirty (30) days of the decision, action or determination.
Consequently no associated permits can be issued during the thirty (30) day call -up period.
D. City Council action on appeal or call -up. The City Council shall consider the application
on the record established before the HPC. The City Council shall affirm the decision of the HPC
unless there is a finding that there was a denial of due process or the HPC has exceeded its
jurisdiction or abused its discretion. The City Council shall take such action as is deemed
necessary to remedy said situation, including, but not limited to:
1. Reversing the decision.
2. Altering the conditions of approval.
3. Remanding the application to the HPC for rehearing. (Ord. No. 1- 2002, § 7 [part]; Ord.
No. 52 -2003, § 10)
26.415.130. Variances by other City review bodies.
If an application for a variance involving a designated property is before the Board of
Adjustment or the Planning and Zoning Commission, the HPC will be given the opportunity to
make a written recommendation as to its approval. The Board of Adjustment or the Planning
and Zoning Commission will not take action on said development application for a variance
pursuant to Chapter 26.314, without receiving the written recommendation from the HPC. (Ord.
No. 1 -2002 § 7 [part])
26.415.140. Penalties.
Any person violating the provisions of Sections 26.415.070 through 26.415.100 will be subject
to the general penalty provisions of this Title.
A. Additional penalties. Additional penalties for the violation of Sections 26.415.070 through
26.415.100 include:
1. Any person who constructs, alters, relocates, changes the appearance or demolishes a
designated property in violation of any section may be required to restore the building,
structure or setting to its appearance prior to the violation.
38
2. Following notice and public hearing, the HPC shall prohibit the owner, successor or
assigns from obtaining a building permit for the subject property for a period of up to ten
(10) years from the date of the violation. The City shall initiate proceedings to place a
deed restriction on the property to ensure enforcement of this penalty. The property
owner shall be required to maintain the property during that period of time in
conformance with the Standards for reasonable care and upkeep set forth in Subsection
26.415.IOOA.
3. Any variances or historic preservation benefits previously granted to the property may be
subject to revocation. (Ord. No. 1 -2002, § 7 [part])
Chapter 26.420
Benefits
This chapter is proposed to be deleted in its entirety. The content of the Chapter has been
imported into Chapter 26.415, Historic Preservation, above.
Chapter 26.535
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
Sections:
Sec. 26.535.010 Purpose
Sec. 26.535.020 Terminology
Sec. 26.535.030 Applicability and prohibitions
Sec. 26.535.040 Authority
Sec. 26.535.050 Procedure for establishing an historic transferable development right
certificate
Sec. 26.535.060 Procedure for extinguishing an historic transferable development right
certificate
Sec. 26.535.070 Review criteria for establishment of an historic transferable development
right
Sec. 26.535.080 Review criteria for extinguishment of an historic transferable development
right
Sec. 26.535.090 Application materials
Sec. 26.535.100 Appeals
26.535.010. Purpose.
The purpose of this Chapter is to encourage the preservation of historic landmarks, those
properties listed on the Aspen ;Inventory of kHistoric +Landmark sSites and sStructures and
those properties identified on the AsoenModem Map, within the City by permitting those
property owners to sever and convey, as a separate development right, undeveloped floor area to
be developed on a different property within the City. The program enables standard market
forces and the demand for residential floor area, to accomplish a community goal of preserving
Aspen's heritage as reflected in its built environment.
(Ord. No. 54- 2003, § §4, 5; Ord. No. 16 -2008)
39
26.535.020. Terminology.
Establishment of a TDR. The process of creating an historic TDR certificate in exchange for a
property owner lessening the allowable development on an historic property (the sending site)
through a permanent deed restriction.
Extinguishment of a TDR. The process of increasing the allowable development on a property
(the receiver site), as permitted in the Zone District, through the redemption of an historic TDR
certificate.
Historic transferable development right certificate (historic TDR certificate). An
irrevocable assignable property right which allows a certain amount of development, which may
be conveyed separate from the property in which it has historically been associated (the sending
site) and which may be used to increase development rights on another property (the receiver
site). TDR certificates shall require execution by the Mayor, pursuant to a validly adopted
ordinance.
Receiver site. A property on which developments rights are increased in exchange for the City
extinguishing an historic TDR certificate held by the developer of the property. Receiver sites
are also referred to as landing sites.
Sending site. The designated historic landmark property, or property identified on the
AspenModem Map, being preserved by reducing its allowable floor area in exchange for the
City establishing and issuing an historic TDR certificate. (Ord. 54 -2003, § §4, 5)
26.535.030. Applicability and prohibitions.
This chapter shall apply to properties eligible for issuance of a Historic TDR Certificate, known
as Sending Sites, and properties eligible for the extinguishment of a Historic TDR Certificate,
known as Receiving Sites. City of Aspen Historic TDR Certificates may only be used within the
city limits of the City of Aspen, as hereinafter indicated, or in unincorporated Pitkin County, if
and as may be permitted by the Pitkin County land Use Code. Pitkin County TDRs are not
eligible for extinguishment within the City of Aspen.
Sending Sites shall include all properties within the City of Aspen designated as a Historic
Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and
Structures and those properties identified on the AspenModem Map, in which the development
of a single - family or duplex home is a permitted use, according to Chapter 26.710, Zone
Districts. Properties on which such development is a conditional use shall not be eligible.
Sending Sites may also be established through adoption of a Final PUD Development Plan,
pursuant to Chapter. 26.445.
Sending sites shall remain eligible for all benefits, bonuses, etc. allowed properties designated a
Historic Landmark after establishment of transferable development rights, pursuant to Chapter
26.415.
40
Receiving Sites shall include all properties in the City of Aspen permitted additional
development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts. A
property may also be designated as a Receiving Site through adoption of a Final PUD
Development Plan, pursuant to Chapter 26.445.
The allowable development extinguishment of a Historic TDR Certificate varies depending upon
the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone Districts,
describes the development allowance for each Historic TDR Certificate extinguished.
A Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of Title
shall be evidenced by an assignment of ownership on the actual certificate document. Upon
transfer, the new owner may request the City re -issue the certificate acknowledging the new
owner. Re- issuance shall not require re- adoption of an ordinance.
The market for Historic TDR Certificates is unrestricted and the City shall not prescribe or
guarantee the monetary value of a Historic TDR Certificate.
The Community Development Director shall establish policies and procedures not inconsistent
with this Chapter for the printing of certificates, their safe - keeping, distribution, recordation,
control, and extinguishments.
(Ord. No. 54 -2003, §§ 4, 5; Ord. No. 16 -2008)
26.535.040. Authority.
The City Council, in accordance with the procedures, standards and limitations of this Chapter
and of Chapter 26.304, Common development review procedures, shall approve or disapprove,
pursuant to adoption of an ordinance, a land use application for the establishment of historic
transferable development rights. The Mayor, in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall validate and issue historic TDR certificates, pursuant to a validly adopted ordinance.
The Community Development Director, in accordance with the procedures, standards and
limitations of this Chapter and of Section 26.304, Common development review procedures,
shall approve or disapprove a land use application for the extinguishment of historic transferable
development rights. (Ord. No. 54 -2003, §§ 4, 5)
26.535.050. Procedure for establishing a historic transferable development right
certificate.
The following steps are necessary for the issuance of a City historic transferable development
right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
clarify the process, benefits and limitations of the program.
41
Owner confirmation. An application for the issuance of a historic TDR certificate shall
only be accepted by the City upon submission of a notarized affidavit from the sending site
property owner signifying understanding of the following concepts:
A deed restriction will permanently encumber the sending site and restrict that property's
development rights to below that allowed by right by zoning according to the number of
historic TDR certificates established from that sending site.
For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of floor
area, as permitted according to the property's zoning, as amended.
The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
Application for issuance of historic TDR certificate. An applicant shall supply the
necessary application materials, identified in Section 26.535.090, Application materials,
along with applicable review fees.
City review and approval of application. The Community Development Department shall
review the application according to the review standards identified in Section 26.535.070,
Review criteria for establishment of a historic TDR and shall forward a recommendation to
the City Council. The City Council shall approve or disapprove the establishment of a
historic TDR certificate by adoption of an ordinance, according to the review standards
identified in Section 26.535.070, Review criteria for establishment of a historic TDR. The
manner of public notice shall be publication, pursuant to Paragraph 26.304.060.E.3.a.
Scheduling of closing date. Upon satisfaction of all relevant requirements, the City and the
applicant shall establish a date on which the respective historic TDR certificates shall be
validated and issued by the City, and a deed restriction on the property shall be accepted by
the City and filed with the County Clerk and Recorder.
Closing. On the mutually agreed upon closing date, the Mayor shall execute and deliver the
applicable number of historic TDR certificates to the property owner, and the property owner
shall execute and deliver a deed restriction lessening the available development right of the
sending site together with the appropriate fee for recording the deed restriction with the
County Clerk and Recorder's Office. (Ord. 54 -2003, §§ 4, 5)
26.535.060. Procedure for extinguishing a historic transferable development right
certificate.
The following steps are necessary for the extinguishment of a City historic transferable
development right certificate:
Preapplication conference. Property owners interested in the City's historic TDR program
are encouraged to meet with a member of the Community Development Department to
42
clarify the process, benefits and limitations of the program. Applicants are encouraged to
meet with the City Zoning Officer and review potential development plans to ensure the
additional development right can be properly incorporated on the receiver site.
Associated planning reviews. An applicant must gain all other necessary approvals for the
proposed development, as established by this Title.
Application for building permit. An applicant shall submit the necessary materials for a
building permit, pursuant to Section 26.304.075, Building permit.
Confirmation of historic TDR certificate. The applicant shall submit the requisite historic
TDR certificates, and the City shall confirm its or their, authenticity.
City review of application. The Community Development Department shall review the
application according to the review standards identified in Section 26.535.070, Review
standards for extinguishment of a historic TDR.
Extinguishment of historic TDR certificate. Prior to and as a condition of, issuance of a
building permit for a development on a receiver site requiring the extinguishment of a
historic TDR certificate, the applicant shall assign the requisite historic TDR certificates to
the City whereupon the certificates shall be marked "extinguished." The property shall
permanently maintain the additional development benefit of the extinguished TDR according
to the development allowance for a TDR pursuant to Section 26.710, Zone Districts. The
property owner may, at their discretion, record a confirmation letter from the Community
Development Director acknowledging the extinguishment of the TDR(s) for the receiver site.
(Ord. No. 54 -2003, §§ 4, 5)
26.535.070. Review criteria for establishment of a historic transferable development
right.
A historic TDR certificate may be established by the Mayor if the City Council, pursuant to
adoption of an ordinance, finds all the following standards met:
A. The sending site is a historic landmark or property identified on the AspenModern Map, on
which the development of a single- family or duplex residence is a permitted use, pursuant to
Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall
not be eligible.
B. It is demonstrated that the sending site has permitted unbuilt development rights, for either
a single - family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of
floor area multiplied by the number of historic TDR certificates requested.
C. It is demonstrated that the establishment of TDR certificates will not create a
nonconformity. In cases where a nonconformity already exists, the action shall not increase the
specific nonconformity.
43
D. The analysis of unbuilt development right shall only include the actual built development,
any approved development order, the allowable development right prescribed by zoning for a
single - family or duplex residence, and shall not include the potential of the sending site to gain
floor area bonuses, exemptions or similar potential development incentives.
E. Any development order to develop floor area, beyond that remaining legally connected to
the property after establishment of TDR Certificates, shall be considered null and void.
F. The proposed deed restriction permanently restricts the maximum development of the
property (the sending site) to an allowable floor area not exceeding the allowance for a single -
family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied
by the number of historic TDR certificates established.
For properties with multiple or unlimited floor areas for certain types of allowed uses, the
maximum development of the property, independent of the established property use, shall be the
floor area of a single - family or duplex residence (whichever is permitted) minus two hundred
fifty (250) square feet of floor area multiplies by the number of historic TDR certificates
established.
The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage
reduction from the allowable floor area for a single - family or duplex residence, as may be
amended from time to time. The sending site shall remain eligible for certain floor area
incentives and/or exemptions as may be authorized by the City Land Use Code, as may be
amended from time to time. The form of the deed restriction shall be acceptable to the City
Attorney.
G. A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of historic TDR
certificates to the sending site property owner and that property owner shall execute and deliver a
deed restriction lessening the available development right of the subject property together with
the appropriate fee for recording the deed restriction with the County Clerk and Recorder's
office.
H. It shall be the responsibility of the sending site property owner to provide building plans
and a zoning analysis of the sending site to the satisfaction of the Community Development
Director. Certain review fees may be required for the confirmation of built floor area. (Ord. 54-
2003, §* 4, 5)
26.535.080. Review criteria for extinguishment of a historic transferable development
right.
Historic TDR certificates may be extinguished to accommodate additional development if the
Community Development Director finds the following standards have been met:
44
A. The receiving site is not restricted by a prescribed floor area limitation or the restricting
document permits the extinguishment of historic TDR certificates for additional development
rights.
B. The receiving site and is eligible to receive an increase in development rights as specified
in Chapter 26.710, Zoning Districts, according to the Zone District and the land use or as
otherwise specified in a final PUD plan for the property.
C. All other necessary approvals for the proposed development on the receiver site, as
established by this Title, have been obtained.
D. The applicant has submitted the requisite authentic historic TDR certificates for
redemption.
E. The applicant has submitted the necessary materials for a building permit on the receiver
site, pursuant to Section 26.304.075, Building permit and the additional development can be
accommodated on the receiver site in conformance with all other relevant requirements.
F. Prior to and as a condition of, issuance of a building permit for a development requiring
the extinguishment of a historic TDR certificates, the applicant shall assign and deliver the
authentic certificates to the City whereupon the certificates shall be marked "extinguished."
G. The Community Development Director shall issue a letter confirming the extinguishment
of the TDR certificates and increasing the available development rights of the receiver site. The
applicant may wish to record this document with the County Clerk and Recorder. The
confirmation letter shall not stipulate an absolute total floor area, but shall stipulate a square
footage increase from the allowable floor area, according to the Zone District and land use of the
receiver site at the time of building permit submission. The receiver site shall remain subject to
amendments to the allowable floor area and eligible for certain floor area incentives and /or
exemptions as may be authorized by the City Land Use Code, as may be amended from time to
time. The form of the confirmation letter shall be acceptable to the City Attorney.
H. The development allowed on the receiver site by extinguishment of historic TDR
certificates shall be that allowed in Chapter 26.710, Zone Districts, according to the Zone
District and the land use or as otherwise specified in a final PUD plan for the receiver site and
shall not permit the creation of a nonconforming use or structure. (Ord. No. 54- 2003, § §4, 5;
Ord. No. 16 -2008)
26.535.090. Application materials.
A. The contents of a development application to establish an historic TDR certificate shall be as
follows:
1. The general application information required in Common development review
procedures, Chapter 26.304.
2. A notarized affidavit from the sending site property owner signifying acknowledgment of
the following:
45
a. A deed restriction will permanently encumber the sending site and restrict that
property's development rights to below that allowed by right by zoning according to
the number of historic TDR certificates established from that sending site.
b. For each certificate of development right issued by the City for the particular sending
site, that property shall be allowed two hundred and fifty (250) square feet less of
floor area, as permitted according to the property's zoning, as amended.
c. The sending site property owner shall have no authority over the manner in which the
certificate of development right is used by subsequent owners of the historic TDR
certificate.
3. A site improvement survey of the sending site depicting:
a. Existing natural and man -made site features.
b. All legal easements and restrictions.
4. Dimensioned, scaled drawings of the existing development on the sending site and a floor
area analysis of all structures thereon.
5. A proposed deed restriction for the sending site.
6. Written response to each of the review criteria.
B. The contents of a development application to extinguish an historic TDR certificate shall be
as follows:
1. The necessary application materials for a complete building permit submission, pursuant
to Section 26.304.075, Building permit.
2. Written response to each of the review criteria. (Ord. No. 54- 2003, § §4, 5)
26.535.100. Appeals
An applicant aggrieved by a determination made by the Community Development Director,
pursuant to this Section, may appeal the decision to the City Council, pursuant to the procedures
and standards of Chapter 26.316, Appeals.
An applicant aggrieved by a determination made by the City Council, pursuant to this Section,
may appeal the decision to a court of competent jurisdiction. (Ord. No. 54- 2003, §5)
46
VIEWS 1 design \A\lot\-- 6—
ASPEN MODERN
1 Recognizing New
.
Layers of History'
BY CHRIS MADRID FRENCH,
DIRECTOR, MODERNISM +
li RECENT PAST PROGRAM,
NATIONAL TRUST FOR , °
11 HISTORIC PRESERVATION
I
111, i
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x
1.
i ' Iconic: Classic examples of local
ii
modernism. cIoc kni /ion, left. w, hae
wall and polo, panels at the Aspen
II,. - N[eadows. a �c ct oome,
y �' and the foi mer S 4 iss spcn lihral on le h Main
Se, uoev home to Design Workshop.
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,-it --, 7-1 ' 0 - ASPEN IS KNOWN FOR MANY THINGS: the
? ! , , . . . ,. white -hot ski slopes and picturesque Victorian mining
cottages come to mind. Lately, however, it is the city's
collection of Bauhaus- Modern and Swiss chalet archi- -
tecture that is attracting national attention. A recent
fr ¢ , ....;. 1 x symposium, coordinated by the City of Aspen and the
i �?- , 7- ;, National Trust for Historic Preservation, brought
' . 0 v i together more than 100 people to debate and discuss the
- "- _ - past — and future —of Aspen's 20th century buildings
and landscapes. .,
ASEENMAGAZINE. COM
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You don't have �: Y `
to go to Germany a 0,:
to see the Bauhaus. ) j
Come to Aspen." „ `gn I .
Aspen's environmental beauty has j 4" -
51
inspired generations of architects, 'r - ;a !
including modernist luminaries such / A` Fl,0` V 1
as Marcel Breuer, Herbert Bayer, and \ ,. '!/ '. �
I John Lautner. Not all of their ; ': ra
buildings made it through to the turn \ .`
of the century, however. "This is a '' . t
` y �4
beginning," affirmed architect Harry �._._ ' '�,
'
Teague, welcoming the audience to ��F° '"
A
join in this newest of preservation / ' ''
conversations. Teague was joined by � 4 = I
State Senator Gail Schwartz and fi /•' G' ,, ,
other exerts as art of a anel
discussion focused on the loss of a '
P P P f t lg r a i ` c 1!9`t 't
�E, S,
number of significant modern . ? . # t .`, 73 \ � u. \. i` kV ,A,
structures and the possibility of
saving / '
others. " x. ,
Eventually the conversation a t � 1 � �‘, "W I
turned less philosophical and more t 1m. \'tt,,C ", ' e
pragmatic. One audience member \ �'' , 1 % ' ' ;+
challenged the panelists to come up i � ��V , „' ,, \ . 111
with a slogan to draw architectural 7 1 LA 1 t - ' �\
a
tourists and enhance the local f � 7 � � � "fit s1. � q2r� q k',
economy. Dr. Peggy Smith, a ' A' � 4 :i a ` ` V `
fff
professor at Wake Forest University r a� \ a ' i � \ . v , °y
and author of an upcoming book on ` } ) J —
American ski resort architecture, / s` 16 �` "; i
carne up with a winner on the spot: /� 4:i4411 i ,t.li\ \..0 A 1\
go Germany Ex l
"You don't have to o to German to - y �z ,
� 4' ;^ti ��� V ',,,A,, �r
see the Bauhaus. Come to Aspen." "'� A ; t ' tll ��
�
� �
i Lss� t , 1; y4+� sal. \t i t
That just might be the ticket, if �` < ?
'
�, � l' \
enough buildings survive. The City of -` Lit , �- \'
Aspen is currently engaged in a tt' � - . ": 'V\ � � � �
number of efforts to conserve its _' j`3 . -\ ' �' � � •
modernist heritage and gain support t t � 4 e q ' \ ` \ ` +
for an idea that can be controversial china P 4 �.t ;�; � ; .
in a community that traces its roots t t � i t
to the 1800s. Critics often point to the crystal t I 1 , ` :
I p
notion that modern architecture silver )t gib ' ,�
shunned the past rather than f '1,
promoted it. They mourn the demise linens Ii�li °' i
of older structures in the wake of k ` 1 i`
"progress:' Yet, advocates hope that ,
this event can help the public see
their community in a new light, and
celebrate the layered histories of LEVINE L
Aspen's people and their architecture,
from the past and into our own • et d •
recent memories. 0
i
through architects and interior designers
(tel) 602 944 2898 • (fax) 602 861 9072
MEMORANDUM
To: Aspen City Council
Community Development Office , Chris Bendon
Historic Preservation Office , Amy Guthrie
From: Aspen Institute , Amy Margerum
Aspen Music School & Festival , Matthew Loden
Aspen Center for Physics , Jane Kelly
Date: October 28, 2010
Re: Aspen Institute, Aspen Music School & Festival, Aspen Center for Physics Properties
1992 Specially Planned Area (SPA) Plan & Ordinance 1448
I. OVERVIEW
The properties of the 3 non - profits total approximately 52 acres and are zoned Specially
Planned Area (SPA) and are governed by a 1992 SPA Master Plan. The 3 non - profits feel the
1992 SPA Plan has done a good job in guiding and preserving the special character of the
property over the past 18 years. Any changes to the 1992 Master Plan must be approved by
amendment by the City & this can be a cumbersome, lengthy & costly process. Therefore,
herein are proposed amendments to "tweak" the 1992 SPA Plan, primarily to simplify and
streamline the City's review process for proposed SPA amendments, while keeping the basic
SPA development parameters of 1992 in place.
Equally important, the 3 non - profits believe Ordinance #48 as adopted and as proposed
for amendment represent an unnecessary 2 layer of rules and regulations for the properties.
The 1992 SPA Plan is more restrictive than Ordinance #48 in that the SPA Plan requires any
changes to the Master Plan be approved by the City; whereas, Ordinance #48 is on a
"voluntary" basis. Therfore, the City has a higher degree of review control over the properties
than probably any private property in -town. The 3 non - profits understand this & simply want
SPA amendment reviews to be done as timely & cost effectively as possible. The 3 non - profits
request the 1992 SPA Plan as "tweaked" continue to be the governing document for the
properties and that the properties be excluded from Ordinance #48 and amendments to
Ordinance #48.
II. PROPOSED 1992 SPA PLAN AMENDMENTS
A. Adopt a Tiered Review Procedure for SPA Amendments
1992SPAPIanAmendReviewDraft 1 of 4
1
Similar to the Tiered Review Procedure for PUD Amendments
The 1992 SPA Plan does not include a tiered review procedure for SPA
amendments similar to the tiered review procedure the Municipal Code has adopted for
PUD amendments. For example, if the Aspen Institute wanted to construct a small shed
addition (say 200 sf. ±) at the Maintenance Shop, technically under the SPA, it would
need HPC, P &Z and City Council approval. Procedurally, this could take 6 — 10
months and cost several thousand dollars in consultants and City fees. A tiered review
procedure for SPA amendments similar to the existing tiered procedure for PUD
amendments is recommended as follows:
1. Exempted Development
- No City Review Required
2. Insubstantial Amendment
- Approval by Community Development Director
3. Minor Amendment
- 1 Step Approval by P & Z
4. Major Amendment
- Approval by City Council under COWOP -Type Process
1. Exempted Development
A.. Consistent with the existing Municipal Code, the following activities would be
exempted from development review including interior remodeling, paint color
selection, exterior repainting or re- plastering similar to existing finish, routine
maintenance such as caulking, replacement of fasteners, repair of window glazing or
other such minimally intrusive work.
B. If there is any question if a work activity qualifies as exempt, the Community
Development Director shall make the determination as to its eligibility.
2. Insubstantial SPA Amendment
A. An insubstantial amendment to the SPA Plan may be authorized by the
Community Development Director upon staff review. Consistent with the existing
Municipal Code, the following shall not be considered an insubstantial amendment:
1. A change in the use or character of the development.
2. An increase by greater than three percent (3 %) in the overall coverage of
structures on the land.
3. Any amendment that substantially increases trip generation rates of the
proposed development or the demand for public facilities.
1992SPAPIanAmendReviewDraft 2 of 4
4. A reduction by greater than three percent (3 %) of the approved open
space.
5. A reduction by greater than one percent (1%) of the off - street parking and
loading space.
6. A reduction in required pavement widths or rights -of -way. for streets and
easements.
7. An increase of greater than two percent (2 %) in the approved residential
density of the development. ( not applicable)
9. Any change which is inconsistent with a condition or representation of
the project's original approval or which requires granting a variation from the
project's approved use or dimensional requirements.
B. An amendment which does not meet the established threshold for an
insubstantial amendment shall be classified as either a Minor Amendment or
Major Amendment by the Community Development Director and be processed
accordingly.
3. Minor SPA Amendment
A minor amendment to the SPA shall be reviewed by the Planning & Zoning
Commission at a duly noticed Public Hearing. The P &Z approval shall be final
unless appealed by the applicant to City Council or unless "appealed" by City
Council.
4. Major SPA Amendment
A major amendment shall be reviewed under a COWOP -type procedure &
include HPC & P &Z members, and at large interested parties. The COWOP will
make recommendations to City Council, and final review and approval shall be
by City Council.
III. ADOPT AN EXPEDITED AND CONSOLIDATED REVIEW
PROCEDURE FOR MAJOR SPA AMENDMENTS SIMILAR
TO A COWOP —TYPE PROCEDURE
The current SPA review procedure is HPC, P &Z and City Council. These
reviews are typically sequential and with the public hearing requirements of each body,
the process can often take from 8 to 16 months depending on the complexity of the
proposal. The 3 non - profits propose a consolidated COWOP -type process with final
review and approval before City Council for Major SPA Amendments.
IV. EXCLUSION FROM ORDINANCE #48 AS ADOPTED
OR AS AMENDED
1992SPAPIanAmendReviewDraft 3 of 4
As noted, the 1992 SPA Plan is more restrictive than Ordinance #48 as adopted
or as proposed for amendment. Therefore, the 3 non - profits feel Ordinance #48 is
unnecessary. The 3 non - profits request exclusion from Ordinance #48 & that the
1992 SPA Plan continue to be the governing document.
V. ADOPT SPA INCENTIVES OF REDUCED FEES AND /OR
EXPEDITED LAND USE & BUILDING PERMIT REVIEWS
Adopt SPA incentives for the 3 non - profits of reduced City fees and/or expedited
Land Use and Building Permit reviews. Allow the Community Development Director
to consider waving or reducing permit fees and/or expediting Land Use or Building
Permit reviews.
1992SPAPIanAmendReviewDraft 4 of 4
0
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e
MEMORANDUM
TO: City Council
THRU: Don Taylor, Finance Director
FROM: Don Pergande, Budget Officer
DATE: November 155, 2010
RE: Second Reading: Adoption of Budget Supplemental — Ordinance NoM (Series 2010)
this item will be discussed on Monday, November 8 2010
Staff is requesting an amendment to the City's 2010 budget that increases the city -wide total
expenditure appropriation from $112.8 to $114.5 million, (See Attachment A). Net of inter fund
transfers, budget authority increases from $87.9 to $89.6 million.
Interfund transfers are required appropriations between City funds that do not reflect the true cost of
operations. Attachment C provides a detailed listing of budgeted 2010 interfund transfers.
The exhibit below outlines the supplemental requests impact on the City's overall appropriation
authority. The reference attachments provide itemized listings of requested supplemental budget
authority.
t e,6ih it y y
�Cf f Q1ASPEN Z o1OSgP1LEMENTAL BUpGET
Description Amount Location
2010 Amended Budget: $112,825,840 See Attachment A
Total New Requests: $1,723,430 See Attachment B
Total Budget Requests: $1,723,430 See Attachment A
TOTAL ORDINANCE: $114,549,270 See Attachment A
Less Interfund Transfers $24,996,110 See Attachment C
NET APPROPRIATIONS: $89,553,160 See Attachment A
• Attachment B: "New Requests" of $1,723,430 include requests for formal appropriation of
funding issues previously reviewed by Council during this fiscal year and new requests. The
majority of the requests have offsetting funding sources; such as grant funding, resale of
housing inventory, operational savings, and reimbursements from outside entities. The new
requests net of funding sources are $874,500. Narrative justification of each new request is
provided as part of this memorandum below as well as in the memorandums at the end of this
packet provided by departmental staff.
• Attachment C: This attachment details all budgeted interfund transfers for 2010, totaling
$24,996,110. Interfund transfers are required appropriations that do not reflect the true cost
of operations.
New Requests General Fund
Human Resource Department- The Human Resource Department is requesting the use of
$8,000 of operational savings to fund the reconfiguration of the Human Resource and Environmental
Health office spaces. The total project cost is $18,000 of which $10,000 was funded from Asset
Management plan project efficiencies. The operational savings will be moved to a transfer line in the
General Fund and sent to the AMP Fund where the project funding will be appropriated. This request
has a zero impact to the ending fund balance of the General Fund and the AMP Fund.
Finance Department- The City Finance Department is requesting the use of $19,500 of
operational savings to fund additional user licenses and change orders that added features to the
original scope of work for the Kronos electronic time keeping system that was acquired earlier this
year. The operational savings will be moved to a transfer line in the General Fund and sent to the AMP
Fund where the project funding will be appropriated. This request has a zero impact to the ending
fund balance of the General Fund and the AMP Fund.
Building Department- The Building Department requests to formally appropriate $50,000
approved at the August 3 executive work session for the criminal defense of a former building
inspector. This request will be funded from the General Fund's fund balance.
Environmental Health Department- The Environmental Health Department requests a total of
$50,900. $1,900 is for the appropriation of grant funding from the Colorado Department of Public
Health and Environment (CDPHE) for the purchase of additional test kits and GIS mapping of the test
results. $29,000 is requested to appropriate the compost program grant funding approved in an
August work session. These two requests are 100% grant funded. The remaining $20,000 is requested
to codify the environmental impacts of the development process related to the AACP. This request is
funded by a transfer from the Water Fund's fund balance. See memos at the end of this packet for
additional information on these requests.
Streets Department- The Streets Department requests funding of $5,690. This request funds an
accident expense that was not the Streets Department's fault. This request is 100% reimbursed by the
insurance company.
Recreation Department- The Recreation Department is requesting $2,000. A contribution was
received from the Thrift Shop to fund additional scholarships given out by the Recreation Department.
Aspen Recreation Center Department- The Aspen Recreation Center Department is requesting
$3,200. This request is needed to start up and maintain the Winter Wonderland at the ARC in
December of 2010. This request will be funded by General Fund's fund balance.
New Requests All Other Funds
Park and Open Space Fund- The Parks and Open Space Fund is requesting $45,400. This request
will fund the reallocation of 50% of an existing financial analyst position from the Recreation
Department to the Parks Department. This allocation is a better reflection of how this staff position
spends time throughout the year. This request brings the budget in line with the 2010 forecast that
was reviewed by Council during the 2011 budget development work session on the October 4 It will
be funded by the Parks and Open Space Fund's fund balance.
Transportation Fund- The Transportation Fund is requesting the formal appropriation of
$24,000 needed to fund the survey for both the City and County citizens about the different Entrance
to Aspen alternatives. This request will be funded by the Transportation's fund balance. See the
memo at the end of this packet for additional information on this request.
Housing Development Fund- The Housing Development Fund is formally requesting $70,000 for
the investigation of the Centennial property approved at an executive session earlier this year.
$35,000 of this request will be funded by the Housing Development's fund balance and the other
$35,000 will be funded by a reimbursement by the BOCC.
Early Childhood Fund- The Early Childhood Fund is completely funded by outside grant funding.
The total request is for $141,910 in appropriation funding. $87,630 is needed for the Glenwood
Springs office to make the transition to a stand -alone non - profit organization. The other $54,280 is
needed to distribute grant funding in 2010.
Electric Utility Fund- The Electric Utility Fund is requesting $305,000. This request will bring the
purchase power budget in line with the 2010 forecasts reviewed by Council during the 2011 budget
development work session on October 5th. This request will be funded by the fund balance of the
Electric Utility Fund. See the memo at the end of this packet for additional information on this request.
Employee Housing Fund- The Employee Housing Fund is requesting $68,830. This request is for
the sale of units held in inventory for resale. These units need to be appropriated when sold. The
units' expense recognition is offset partially or in whole with the sale proceeds.
Housing Administration Fund- The Housing Administration Fund is requesting $404,250. This
request appropriates funding that will be used to repurchase units that go into foreclosure that are in
the APCHA inventory. It assures that these properties remain in the deed restricted housing pool. This
request is offset by the resale of the units. See the memo at the end of this packet for additional
information on this request.
Asset Management Fund- The Asset Management Fund request totals $137,500. $19,500 is for
additional user licenses and change orders that added additional features to the original scope of the
work for the Kronos electronic time keeping system. This request is 100% funded by the Finance
Department's operational savings. $8,000 is for the reconfiguration of the Human Resources and
Environmental Health interior office spaces. This request is 100% funded from the Human Resources
operational savings. $65,000 is for the formal appropriations of compost grant funding awarded to the
City of Aspen. The grant funding was reviewed and approved by Council in an August work session.
See the memo at the back of this packet for additional details on the above request. $45,000 is a
request needed to repair the roof at a Streets facilities building. The repair needs to be completed
prior to the winter season. See the memo at the back of this packet for additional details on the above
request.
2 Reading Additions
Planning Department- The Planning Department is requesting $15,000. This request will fund a
survey to gain broad public feedback on the draft AACP; per Councils direction at the September 21
work session. This request will be funded by the General Fund's fund balance. See the memo at the
end of this packet for additional information on this request. The total AACP project is forecasted to
cost $758,665.
Police Department- The Police Department is requesting $43,480. $4,680 is for grant funded
DUI enforcement. $12,440 is for reimbursement of accidents by the insurance company. $26,360 is for
the purchase of licenses to access the Forms software upgrade purchased by the Pitkin County Sheriff.
All of these requests have offsetting funding sources. See the memo at the end of this packet for
additional information on this request.
Parks and Open Space Fund- The Parks and Open Space Fund is requesting $4,370. This request
funds the expense for an accident that was not the Parks Department's fault. This request is 100%
reimbursed by the insurance company.
Wheeler Opera House Fund- The Wheeler Opera Housing Fund is requesting $230,000. Staff is
requesting funding for the planning and design of renovations to the Wheeler basement office,
restaurant and retail spaces. Total project cost of $2.23MM. See the memo at the end of this packet
for additional information on this request.
Electric Utility Fund- The Electric Utility Fund is requesting $71,900. This request is to fund an
employee's retirement payout per City Policies. This request will be funded by the Electric Fund's
ending fund balance.
Smuggler Housing Fund- The Smuggler Housing Fund is requesting $10,000. This request is to
fund the expenses associated with the turnovers in the Smuggler apartments. Staff is requesting
funding to bring budget in line with forecasted expenses in 2010. This request will be funded by the
Smuggler Fund's ending fund balance.
Asset Management Fund- The Asset Management Fund is requesting $20,000. This request is
for pedestrian upgrades to the 8th Street and Route 82 intersection. This is per Council direction at
previous work sessions. See the memo at the end of this packet for additional information on this
request.
a e_f_a_s_ , • \it2.e arefi4usuarA_
0V ` �fiV�r� ''
V 1
ORDINANCE NO. )
(Series of 2010)
AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $157,500, AN INCREASE
IN THE GENERAL FUND OF $170,270, AN INCREASE IN THE PARKS AND
OPEN SPACE FUND OF $49,770, AN INCREASE IN THE WHEELER OPERA
HOUSE FUND OF $230,000, AN INCREASE IN THE TRANSPORTATION FUND
OF $24,000, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF
$70,000 AN INCREASE IN THE EARLY CHILDHOOD FUND OF $141,910, AN
INCREASE IN THE WATER UTILITY FUND OF $20,000, AN INCREASE IN
THE ELECTRIC UTILITY FUND OF $376,900, AN INCREASE IN THE
EMPLOYEE HOUSING FUND OF $68,830, AN INCREASE IN THE HOUSING
ADMINASTRITION FUND OF $404,250 and AN INCREASE IN TH E
SMUGGLER HOUSING FUND OF $10,000.
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may
make supplemental appropriations; and
WHEREAS, the City Manager has certified that the City has unappropriated current year
revenues and/or unappropriated prior year fund balance available for appropriations in
the following funds: ASSET MANAGEMENT PLAN FUND, GENERAL FUND,
PARKS AND OPEN SPACE FUND, WHEELER OPERA HOUSE FUND,
TRANSPORTATION FUND, HOUSING DEVELOPMENT FUND, EARLY
CHILDHOOD FUND, WATER UTILITY FUND, ELECTRIC UTILITY FUND,
EMPLOYEE HOUSING FUND, HOUSING ADMINISTRATION FUND AND
SMUGGLER HOUSING FUND.
WHEREAS, the City Council is advised that certain expenditures, revenue and transfers
must be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
Upon the City Manager's certification that there are current year revenues and /or prior
year fund balances available for appropriation in the: ASSET MANAGEMENT PLAN
FUND, GENERAL FUND, PARKS AND OPEN SPACE FUND, WHEELER OPERA
HOUSE FUND, TRANSPORTATION FUND, HOUSING DEVELOPMENT FUND,
EARLY CHILDHOOD FUND, WATER UTILITY FUND, ELECTRIC UTILITY
FUND, EMPLOYEE HOUSING FUND, HOUSING ADMINISTRATION FUND AND
SMUGGLER HOUSING FUND: the City Council hereby makes supplemental
appropriations as itemized in the Attachment A.
Section 2
If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for
any reason invalid or unconstitutional by any court or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion thereof.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND /OR
POSTED ON FIRST READING on the 25th day of October, 2010.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the 8th day of November,
2010.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to Form:
John Worcester, City Attorney
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City of Aspen Attachment 8
2010 Fall Supplemental Budget Offsetting Offsetting
New Funding Requests All Requests are one -time unless otherwise noted. Revenue Source
De_ partment /Fund New Request Oescrlptlon Amount Subtotal by Dept. One Time One Time
Genetathnd ,qC 4 .. , e -. ..i e .,_ 'i .. °s.
Human Resources /Risk Department
001.06.06000.82999 Staff is requesting the use of $8,000 from operational savings in the Human ($8,000)
Resource budget to fund the remaining costs of the office reconfiguration. The
total project cost is $18,000. $10000 was funded from Asset Management plan
project efficiencies.
Subtotal, Human Resources Department ($8,000)
Finance Department
001.11.11000.82999 Staff is requesting the use of their operational savings to fund the additional user ($19,500)
licenses and three change orders that added features to the original scope of
work for the Kronos electronic time keeping system.
Subtotal, Finance Department ($19500)
Transfers
001.95.xxxxx.95000 General Fund departmental operational savings in 2010 transferred to the AMP $27,500
Fund to fund the HR and EH remodel and the change orders for the Electronic
Time Keeping system. The net impact to the General Fund is zero in this request.
This movement of budget authority is need to transfer funding to the AMP Fund.
Subtotal, Transfers $27,500
Planning Department
001.13.45xxx.S2999 Staff is requesting funding to complete the survey to gain broad public feedback 5..$15000
on the draft MCP; per Council direction at the September 21st work session. See
:
memo for additional details. The total AACP project is currently forecasted to E
cost 5758,665. ....
Subtotal, Planning Department 515,000
Building Department
001.21.21000.82999 On August 3rd, at an executive session, Council approved up to $50,000 in legal $50,000
council for the criminal defense of former inspector Erik Peltonen. This is the
formal appropriation of that funding.
Subtotal, Building Department 550,000
Environmental Health Department
001.25.25500.82999 The Environmental Health Department has a applied for a radon grant from the 51,900 51,900
Colorado Department of Public Health and Environment (COPHE) for the
purchase of additional radon test kits and GIS mapping of test results. All costs
will be 100% reimbursed by CDPHE. See memo for additional details.
001.25.25500.82999 Staff is requesting funding of codifying environmental impacts of the 520,000 520,000
development process related to the MCP. This request is funded from the
Water Fund's fund balance. See memo for additional details.
001.25.25500.82xxx Staff is requesting the formal appropriation of the compost program funding 529,000 $29,000
approved in an August work session. This request is 100% offset by the grant
funding. See memo for additional details.
Subtotal, Environmental Health Department 550,900
Police Department
001.31.31200.80040 Supplemental request is to allow use of a DUI enforcement grant of 54,680. It is EEET050 54,680
only available for use paying overtime for DUI enforcement shifts, under the INERPRElliflEliR
terms of the grant. The police department has previously participated in this type
of grant.
001.31.31200.82999 One -time request to enable use of drug - seizure funds to purchase a software $26,360' 526,360
upgrade (known as "Forms ") to the Police- Department -owned records
management system. This upgrade has been purchased by the Pitkin County ___ °!
Sheriff, and this represents the costs for licenses for the APD to use the software !SWIPE
001.31.31200.82800 Insurance claim refund for an accident that was not the Police Department's $12.940' 512,440
fault. This request is 100% reimbursed by the insurance company.
Subtotal, Streets Department 543,480
Streets Department
001.41.41000.82400 Insurance claim refund for an accident that was not the Streets Department's 55,690 55,690
fault. This request is 100% reimbursed by the insurance company.
Subtotal, Streets Department 55,690
Recreation Department
001.71.71000.84133 Staff is requesting the appropriation of additional contributions received from 52,000 52,000
the Thrift Shop, funding the scholarships given out by the Recreation
Subtotal, Recreation Department 52,000
Aspen Recreation Center Department
001.72.72700.80030 Council has reviewed and thus far accepted 2011 costs associated with the winter 53,200
wonderland maintenance at the ARC. Staff is requesting 53,200 for the
December 2010 costs associated with the start up and maintenance of the winter
wonderland.
Subtotal, Aspen Recreation Center Department 53,200
Subtotal, General Fund Departments $170,270 $82,070
riri arld aPen Spas Fur{
100.55.55000.80012 Staff is requesting reallocation of 50% of an existing financial analyst position 545,400
from the Recreation Department to the Parks Department. This is a better
reflection of how this staff position spends time throughout the year.
100.55.55000.82400 Insurance claim refund for an accident that was not the Parks Department's fault "fflO„ 54,370
This request is 100% reimbursed by the insurance company.
Subtotal. Park and Ooen Space Fund 549.770
Wbeeler Fund -
120.94.xxxxx.88299 Staff is requesting funding for the planning and design of renovations to the $230,ODD;
Wheeler basement office, restaurant and retail spaces. Total project cost of :.: _.
$2.23MM. See memo for additional details.
Subtotal. Wheeler Fund 5230.000
City of Aspen Attachment B
2010 Fall Supplemental Budget Offsetting Offsetting
New Funding Requests All Requests are one -time unless otherwise noted. Revenue Source
Department 7 Fund New Reouest Description Amount Subtotal by Dept. ne Time One Time
Trampprt4pon Fund
141.34.34000.82999 At the September 28 work session, Council directed staff to survey both City and 524,000
County citizens about different Entrance to Aspen alternatives. A professional
survey consultant will be hired to prepare, administer, and tabulate the results of
the survey. See memo for additional details.
Subtotal, Transportation Fund 524,000
Housing Development Fund. _. - ..
150.23.23010.82780 Staff is requesting the formal appropriation of the approved during an executive 570,000 535,000
session for the Centennial Investigation. 50% of this funding will be reimbursed
by the BOCC.
Subtotal, Housing Development Fund $70,000
.. ..: : �: .;...
Early ChRdhopd Fund ... r, .....
151.xx.xxxxx.xxxxx As Kids First makes the transition for the Glenwood Springs office to become a $87,630 587,630
stand -alone non -profit organization, there is a need to use previous years savings
to hire a new director to implement this process. For 2010 this estimated cost is
$75,000 (for March through December). By the end of 2010 the transition will be
complete and all savings from this account will be transferred to the new
organization.
151.26.26100.xxxxx Kids First is the fiscal agent for the Rural Resort Region Early Childhood Council, 552,030 552,030
all money is outside (not city) funding. Grant funds from the Temple Hoyne Buell
Foundation are awarded from lune 2009 to May 2010. Some of these funds have
been spent, the remainder is requested to be used for the purposes of this grant.
152.21.26200.xxxxx Kids First is the fiscal agent for the Rural Resort Region Early Childhood Council, 52,250 52,250
all money is outside (not city) funding. Grant funds from the Colorado
Department of Human Services are awarded from July 2009 to June 2010. Some
of these funds requested in 2009 have been spent, the remainder is requested to
be used for the purposes of this grant.
Subtotal, Early Childhood Fund 5141,910
WatSttItfJtyFund ..': +. '
421.95.xxxxxx.95001 Staff is requesting funding of codifying environmental impacts of the 520,000
development process related to the AACP. This request is funded from the
Water Fund's fund balance. This funding will be transferred to the General Fund
to fund the appropriation of the 520,000. See memo for additional details.
Subtotal, Water Utility Fund $20,000
Efectrlctif71iry FuM ._ v .
43145.45200.82340 Purchase power costs will exceeded the budget authority by the end of 2010. 5305,000
This request brings the budget in line with the current power cost forecast. See
memo for additional details.
431.45.45000.80012 Staff is requesting funding for an employee's retirement payout per City policies.::_:.:__.$71,900
Subtotal, Electric Utility Fund 5376,900
EmytoyeeHousingFund
505.xx.xxxxx.xxxxx Units held in inventory for resale need to be appropriated when sold. The units' 568,830 568,830
expense recognition are offset partially or in whole with the sale proceeds.
Subtotal, Employee Housing Fund $68,830
HousinrAdminlstradon F gnO 11111,121-:
620.xx.xxxxx.xxxxx This request appropriates funding that will be used to repurchase units that go 5404,250 5404,250
into foreclosure that are in the APCHA inventory. It assures that these properties
remain in the deed restricted housing pool. This request is offset by the resale of
the units. See memo for additional details.
Subtotal, Housing Administration Fund $404,250
S muggler HousingFurd. .. .? :
.. t n .. :_
622.xx.xxxxx.xxxxx Turnovers in the Smuggler apartments has created additional costs related to 'I $10,000
repairs and cleaning. Staff is requesting funding to bring budget in line with
forecasted expenses in 2010.
Subtotal, Smuggler Housing Fund $10,000
Asset Management Plan Fund _ .. ::... ... `
i iii .. ...... ;
000.11.94245.88299 Staff is requesting funding for additional user licenses and three change orders 519,500 519,500
that added features to the original scope of work for the Kronos electronic time
keeping system. This request is funded 10096 from the Finance Department's
operational savings.
000.91.94407.88299 Reconfigure the Human Resources and Environmental Health interior office $8,000 58,000
spaces and create a more sound proof and secure conference room. The total
project cost is 518,000. 510,000 was funded from Asset Management project
efficiencies. The other $8,000 is funded from operational savings in the Human
Resource Departments budget.
000.25.xxxxx.88299 Staff is requesting the formal appropriation of the funding approved in an August 565,000 565,000
2010 work session. The Environmental Health department was awarded a
compost grant. This request is to appropriate the funding needed to purchase
the Grinder for the Pitkin County Solid Waste Center. This request is 100% offset
by the grant funding. See memo for additional details.
000.15.xxxxx.88299 Staff is requesting 520,000 for pedestrian upgrades to the 8th Street and Route 520,000
82 intersection. This is per Council direction at previous work sessions. See
•
memo for additional details.
000.41.94417.88299 Street staff is requesting the funding for a repair of a roof on the Streets 545,000
facilities building. This repair will be completed prior to the winter season. See
memo for additional details.
Subtotal, Asset Management Plan Fund 5157,500
Total New Requests All Funds: $1,723,430 $1,723,430 $659,520 $189,4101
Total New Requests After Offsetting Funding Source: $874,500
•
Attachment C
.:.
Transfer From Transfar To Transfer Amnunt Purpose of interfund Trxn$far
OOO AsetMng$m*aSP1a8Fapd v _ , , _ ,'` :: i., , - ....._' ,
Transportation Fund 5566,810 Hybrid Bus Purchase -TABOR Funds
Parking Fund 540,000 Plaza Repair Project
Wheeler Opera House Fund 588,490 Red Brick West End Project 10 Yr IF Loan
Wheeler Opera House Fund 525,450 1998 Street Improvements 10 Yr If Loan
Debt Service FUnd 593,440 Series 2005 - STRR - AMP'S Portion
Subtotal, Transfers 5814,190
AMP Fund 586,340 Electronic Time Keeping - Dept. Savings
HR /EH Remodel / Electronic Time Keeping User
AMP Fund $2],500 Licenses and Change Orders
Parks and Open Space Funtl 556,970 Partial Subsidy of Food Tax Refund
Employee Housing Fund 5120,000 City of Aspen Affordable Housing
Subtotal, Transfers $290,810
IOO�PaiksandOpenSpzrP.FUnd ..
General FUnd $3,010 Central Savings
Parks and Open Space Capital Fund 51,004,380 Capital Projects
Debt Service Fund 5840,900 Parks 2005 Open Space Bonds
Debt Service Fund 5822,250 2001 Sales Tax Revenue Bonds
Debt Service FUnd 5948,700 Series 2005- STRR - Park's Portion
Golf Course Fund 5140,400 Series 2005 - STRR - Golfs Portion
General Fund 5928,740 Overhead Payment
Parking Fund 540,000 Plaza Repair Project
Employee Housing Fund 565,260 City of Aspen Affordable Housing
Subtotal, Transfers 54,793,640
120 - WlsederUpui NouseFund ;S . ' ... .' _
General FUnd 55,880 Central Savings
Employee Housing FUnd 538,170 City of Aspen Affordable Housing
General Funtl 5344,990 Overhead Payment
Subtotal, Transfers 5389,040
141 - transportation Fund .. ... ._
General Fund 57,750 Central Savings
Employee Housing Fund 54,000 City of Aspen Affordable Housing
General Fund $90,160 Use Tax Positions
General Fund 5156,000 Overhead Payment
Subtotal, Transfers 5257,910
7.54 F1tius1ng0evelopment Fund ' , :. -, ' _
Housing Administration Fund 5198,880 Operations Subsidy (50% of total)
General Fund 5394,170 Overhead Payment
Truscott Housing Fund 5742,620 Truscott I, 2001 Housing Bonds Subsidy
Parks and Open Space Fund $14,270 Percentage of Food Tax Refund
Wheeler Opera House FUnd 55,703,130 BMC West- IF Loan
Subtotal, Transfers 57,053,0]0
-. .._ . .. .
751 -EerhF 0{dldtLpod Education Fund .. !, ' .. - .... '-
Kids First Fund $21,270 Administration Services
Subtotal, Transfers 521,270
General FUnd $5,960 Central Savings
General Funtl 5118,490 Overhead Payment
Employee Housing Fund 517,440 City of Aspen Affordable Housing
Parks and Open Space Fund $16,280 Percentage of Food Tax Refund
Subtotal, Transfers 5158,170
General FUnd 5132,500 Overhead Payment
Employee Housing FUnd 9690 City of Aspen Affordable Housing
Subtotal, Transfers 5142,190
42'1- 1WaterUti0ty Fund ;.' `. ' .
General FUnd 513,200 Central Savings
General FUnd 520,000 Codifying Environmental Impacts / AACP
Renewable Energy Fund 5126,730 Fund Capital Project Number 43573
General FUnd 5628,430 Overhead Payment
General Fund $1,000,000 Operations Facilities Land
Employee Housing Fund $65,900 City of Aspen Affordable Housing
Parks and Open Space Fund $150,000 Water Usage Conservation Program
Subtotal, Transfers 52,004,260
Attachment C
.. .:. 2010 INTERFUND TRANSFER$ '; '
TransferFrnm Transfer To Transfer Amount Purpose of interfund Transfer
431- Electdc Dtlity Fymd
General Fund $11,680 Central Savings
Renewable Energy Fund 5422420 Purchase of Hydroelectric Power
Renewable Energy Fund 5133,320 Purchase of Hydroelectric Power
General Fund 5247,220 Overhead Payment
Water Utility Fund $298,490 Electric Utility portion of Utility Billing Services
Water Utility Fund 5114,440 1/3 of Global Warming Program
Renewable Energy Fund 5225,000 Capital Projects Moved
Renewable Energy Fund 5312,000 Carbon Emission Reduction Tags
Employee Housing Fund 515,920 City of Aspen Affordable Housing
General Fund 5442,360 Franchise Fee
Subtotal, Transfers 52,223,850
444. Renewable EnlrgyFfnd +.. .. .. .
General Fund 552,180 Overhead Payment
Employee Housing Fund 56,110 City of Aspen Affordable Housing
Subtotal, Transfers 558,290
451 - Parking Fund .,.. .
General Fund 518,730 Central Savings
General Fund 5372,790 Overhead Payment
Employee Housing Fund 531,810 City of Aspen Affordable Housing
Transportation Fund 5440,000 Transportation Fund Subsidy
Subtotal, Transfers $863,330
471.6oIfCaurse Fund ..
General Fund 5151,200 Overhead Payment
Parks and Open Space Fund 524,660 Repayment of Golf Start Up Funding - IF loan
Employee Housing Fund 514,200 City of Aspen Affordable Housing
Subtotal, Transfers 5190,060
Housing Administration Fund 551,240 Overhead Payment
General Fund 554,210 Overhead Payment
Employee Housing Fund 54,780 City of Aspen Affordable Housing
Subtotal, Transfers 5110,230
492 - Maroh Housing Fund
General Fund 554,340 Overhead Payment
Housing Administration Fund $58,820 Overhead Payment
Employee Housing Fund 55,060 City of Aspen Affordable Housing
Subtotal, Transfers 5118,220
SDS- EmPlpyee HOUSing .. .. .. .
Housing Development Fund $2,300,000 Pre - Purchase of Units at Burlingame
Subtotal, Transfers 52,300,000
620 - Housing Adminlstradon Fund .., .
General Fund $84,650 Overhead Payment
Subtotal, Transfers 584,650
622 - Smuggler Housing Funs{
Housing Administration Fund 52,950 Overhead Payment
General Fund 518,840 Overhead Payment
Subtotal, Transfers 521,790
All City Funds with Health Insurance. Expep#gs + ..:m
Employee Health Insurance Fund 3101140 Employee Health Insurance Premiums
Subtotal, Transfers 53,101,140
2010 TOTAL INTERFUND TRANSFERS $24,996,110
Memos for Council
From Departmental Staff
2 nd Reading of Fall Supplemental Ordinance
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director
FROM: Jessica Garrow, Long Range Planner
RE: Supplemental Request: Aspen Area Community Plan Update
DATE: October 25, 2010
SUMMARY: The City and County have been jointly working on an update to the Aspen
Area Community Plan. City and County staff anticipates a revised timeline will take
adoption into the early part of 2011. A second public process is being undertaken that
was not in the original scope of work. These efforts are intended to gain broad public
feedback on the draft AACP.
At a work session on September 21, 2010, City Council requested a survey be
undertaken as part of the new AACP public process. Staff is requesting a total of
$15,000 for this effort. Staff has requested Design Workshop, the consultant for the
AACP, to provide a budget and scope of work. They are working on this request, and
estimate that the final scope will cost between $10,000 and $15,000.
City Council approved supplemental monies in April 2010 as broken down below.
1. Staff requested that the remaining amount in the 2009 AACP budget of $12,473
be rolled -over to the 2010 budget. This money will be used to pay the remainder
of the original contract with Design Workshop. Design Workshop is a
professional planning firm working with City and County staff to update the
AACP.
2. Staff is requested a supplemental of $4,741.90 in new monies divided as follows:
o $3,471.90 of this money is Pitkin County's portion of the remaining AACP
tasks. Because the project is being managed through City Finance, this
money needs to be allocated by the City and the City will be reimbursed
by the County according to the cost - sharing agreement.
o Staff requested a supplemental of $1,000 to continue the website
(www.aspencommunitvvision.com) through the end of 2010. This money
will be spent to continue hosting services through ProjectWest (now
Slippy Studios), and will enable staff to use the website as a tool to update
the public on the adoption phase.
In addition, the 2011 and 2012 budget includes $250,000 for costs associated with
AACP implementation.
1
MEMORANDUM
TO: Mayor and City Council
FROM: Bill Linn
THRU: Steve Barwick
DATE OF MEMO: Oct. 8, 2010
MEETING DATE: Oct. 25, 2010
RE: Police Supplemental Budget Request.
REQUEST OF COUNCIL: We ask city council to pass four supplemental budget requests.
BACKGROUND:
1. Supplemental budget request to enable use of a 2010 DUI enforcement grant (called HVE, or
High Visibility Enforcement Grant), funded by state funds, for $4,680.
2. Drug seizure fund allocation to pay for the city portion of a software upgrade to our records
management system.
3. Request for reallocation of funds already paid to the city for accidents involving police vehicles
in which the vehicles were not at fault. This is reimbursement for moneys already paid by the
Police Department for repairs.
DISCUSSION:
Supplemental Request #1: State DUI Grant
Justification:
This is a one -time request to enable use of a state 2010 DUI enforcement grant, procured and
managed by the Aspen Police Department. The amount designated for use by the Aspen Police
Department is $4,680. It is only available for use paying overtime for DUI enforcement shifts,
under the terms of the grant. The police department has previously participated in a similar
grant, and council has approved.
Supplemental Request #2: Seizure Funds Transfer
Justification:
This is a one -time request to enable use of drug seizure funds to purchase a software upgrade
called "Forms" to the Police - Department -owned Spillman Records Management system. This
upgrade will allow great flexibility of the system used in the mobile computing environment of
the patrol cars. This upgrade has already been purchased by the Pitkin County Sheriff's Office,
and this represents the cost for licenses for the Aspen Police Department to use the software.
$26,357.
Supplemental Request #3: Traffic accident reimbursement
Justification:
This is a one -time request to recover funds reimbursed by insurance companies to the City
for accidents involving police vehicles when the city was not at fault.
The accidents were for these amounts: $2279.29, $4207.99, $4296.43, $1636.02, and they totaled:
$12,435.
FINANCIALBUDGET IMPACTS:
Item #1, DUI enforcement grant; grant revenue will match expenses.
Item #2, Drug - seizure funds can only be used for certain types of expenses, and does not impact the
general fund.
Item #3, Insurance reimbursement revenues match the request, which reflects dollars already spend by
the Police Department for the vehicle repairs.
ENVIRONMENTAL IMPACTS: The only environmental impact anticipated is that officers will
spend more time in patrol vehicles for DUI enforcement.
RECOMMENDED ACTION: Passage of the supplemental budget requests.
ALTERNATIVES:
Item #1, To decline the grant.
Item #2, To not approve expenditure of the drug seizure funds for this application.
Item #3, Department will have to absorb the cost of not -at -fault accidents.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and Council
FROM : Steve Bossart, Capital Asset Project Manager
THRU: Scott Miller, Capital Asset Director
DATE: October 21, 2010
MEETING DATE:
RE: Wheeler Basement — Basement/r Floor Renovation Planning/Design
REQUEST OF COUNCIL: Supplemental funding for 2010 in the amount of $230,000 for the
planning and design of renovations to the Wheeler basement office and maintenance spaces,
restaurant, and retail spaces.
SUMMARY: $230,000 is requested for design. The target date from the renovation work is
immediately following Labor Day Weekend in September 2011.
PREVIOUS COUNCIL ACTION: In January 2009, City Council directed Wheeler and Capital
Asset staff to continue conceptual planning for a proposed addition to the historic Wheeler Opera
House as described in the Wheeler 21 Century Master Plan (21CMP). FMG Architecture was
contracted to produce preliminary designs based on programming needs determined by earlier
research. However, at the December 7, 2009, meeting of City Council, this work was suspended
and Council directed Wheeler and City staff to conduct a comprehensive, third -party needs
assessment. Periodically through presentations to Council on the 21CMP, Wheeler and City staff
had noted the need to renovate the basement spaces as well as do a comprehensive remodel of
the two lease spaces at street level. At the conclusion of the September 28 presentation to
Council of the Needs Assessment, at the request of Wheeler staff, Council directed Wheeler and
Capital Asset staff to investigate renovations within the Wheeler.
DISCUSSION: Staff intends to amend the existing contract with the FMG Architecture team as
they are already familiar with the programming requirements and the historical aspects of the
Wheeler. They are knowledgeable both in theater work and in historical renovation. They will
serve this work in an administrative capacity utilizing their Aspen based team member Rowland
+ Broughton as architect of record. Since this scope of work is significantly smaller than the
larger 21CMP, we feel the delivery model could be expedited through the more traditional
Design/Bid /Build project delivery method. We will consider early procurement and selection of
a builder to provide pre - construction services, and in this way will reap benefits associated with
Integrated Project Delivery. To design, approve, and construct the improvements, as well as
1
identify and contract with restaurant and retail tenants, all prior to December 2010 will require an
aggressive and cooperative schedule effort.
FINANCIAL IMPLICATIONS: The budget for design will total $230,000 including fees,
reimbursable expenses, and contingency. Preconstruction services will be evaluated at a later
date.
OTHER RESOURCE IMPLICATIONS: Once construction is planned Wheeler staff will
need temporary office and maintenance space, beginning in early to mid - August 2011 and
extending until the late fall. This work may also require the Wheeler to limit or suspend activity
within the Wheeler during the September — December period, depending on how the construction
schedule affects the fall calendar.
RECOMMENDED ACTION: It is recommended that Council approve the supplemental
request to allow for the design and planning work.
ALTERNATIVES: NA
PROPOSED MOTION: "I move to approve expenditure of supplemental funds in the amount
of $230,000 to effect design and planning of Wheeler office and commercial spaces."
CITY MANAGER COMMENTS:
2
MEMORANDUM
TO: Mayor and Council
FROM : Tyler Christoff, Project Manager, Engineering
THRU: Tricia Aragon, P.E., City Engineer
Scott Miller, Capital Asset Director
DATE OF MEMO: October 21, 2010
MEETING DATE:
RE: 8 and State Route 82 Intersection Pedestrian Improvements
•
SUMMARY: Staff recommends supplemental funding in the amount of $ 20,000.00 for
pedestrian upgrades to the 8th Street and Route 82 intersection.
BACKGROUND: In a 2008 City Council Work session, staff was directed and provided
funding to implement the following pedestrian/traffic improvements:
• City Council directed the committee to move forward with Main Street Median design.
• Two or three electronic speed signs were to be purchased and placed in various locations
(with solar panels) in the City. This item was later removed from the 2009 Budget due to
lack of funds.
City Council identified pedestrian improvements along Aspen's Main Street as one of the ten
Best Year Yet Goals to be complete by the end of 2009. Staff pursued development of the
project in an accelerated time frame based on Council direction to construct a one (1) block
"test" section of an enhanced pedestrian crossing area to Main Street as soon as possible.
Staff held a Public Open House, January 28 in City Council Chambers to solicit public
comment on this proposal.
After a public open house and a subsequent City Council work session the Main Street Median
Project was tabled.
The Pedestrian and Traffic Safety committee provided City Council with a list of potential
pedestrian improvement projects in July of 2009. Council directed staff to pursue one project
related to Main Street. Staff was directed to design and construct two alternative material
crosswalks with funding from the Public amenity fund.
Due to the large amount of public interest in Main Street pedestrian safety Council directed staff
to form The Main Street Pedestrian Safety Committee. The purpose of the committee was to
gather citizen input and present the opportunities and constraints of the current Main Street
corridor.
Committee Process:
The committee was made of citizens that had contacted staff or council members, expressing
interested in pedestrian safety. In addition to the residents that participated in this committee,
various City staff members participated in these meetings. John Krueger and Lynn Rumbaugh
from the Transportation Department and Trish Aragon and Tyler Christoff from the Engineering
Department all participated in the groups discussions while providing guidance to the group and
organizing the meetings.
Six committee meetings were held as follows:
March 24 2010 Sister Cities Room 5 -7pm
April 7th 2010 City Council Chambers 5 -7pm
April 28 2010 Sister Cities Room 5 -7pm
May 19 2010 Sister Cities Room 5 -7pm
June 9 2010 Sister Cities Room 5 -7pm
July 21 Sister Cities Room 5 -7pm
Committees Recommendations:
Throughout the Committee's discussions it was noted that major changes to the character and
feel of the Main Street corridor was not an acceptable solution. However, the committee also
agreed, current conditions along the corridor were unsafe and a detriment to the community as a
whole. From these two underlying values the Committee was able to shape their
recommendations.
After several meetings and analysis of pedestrian and traffic data the group was able to
unanimously recommend four intersections that could best utilize pedestrian and traffic calming
treatments. (Refer to attached meeting minutes) These intersections were identified as: 8
Street, 3' Street, Garmisch Street, Hunter Street. The selection of each intersection was selected
based on: pedestrian counts, impact to the corridor as a whole, public usage, and lack of
signalization.
DISCUSSION: After presenting the Committee's findings in a July 28 work session, City
Council directed staff to include the 4 proposed intersection improvement projects to the 2011
AMP Budget to compete against other City projects. Due to pressing safety concerns
specifically at 8 Street, Council directed staff to provide some effective interim safety
improvements for this intersection. After reviewing various options, staff concluded that a
Rectangular Rapid Flashing Beacon would provide the highest motorist compliance rates at the
lowest cost to the City.
FINANCIAL IMPLICATIONS:
Supplemental Request
Installation of A Rectangular Rapid Flashing Beacon
at 8` and Rt. 82 $20,000.00
RECOMMENDATION: Staff recommends supplemental funding in the amount of $20,000.00
for pedestrian upgrades to the 8` Street and Route 82 intersection.
CITY MANAGER COMMENTS:
Memos for Council
From Departmental Staff
From the
1 st Reading of Fall Supplemental Ordinance
MEMORANDUM
TO: Mayor and City Council
FROM: Jannette Whitcomb, Sr. Environmental Health Program
Coordinator
THRU: Lee Cassin, Environmental Health Director
DATE OF MEMO: July 12, 2010
RE: 2010 Supplemental Budget Request —
Radon Grant Addendum
REQUEST OF COUNCIL: Environmental Health is seeking approval to spend an additional
$1900 awarded by the Colorado Department of Public Health and Environment (CDPHE) for an
existing radon grant.
BACKGROUND: In the fall of 2009, the Environmental Health Department received $1950
radon grant money from the Colorado Department of Public Health and Environment (CDPHE)
to purchase 500 radon test kits. The focus of this project was to educate and provide radon test
kits to owners in the Aspen/Pitkin County Housing Authority's owned- housing inventory and
other citizens of Aspen. Results for those test kits used show that over 47% of the homes tested
have high radon (above 4 pCi/L). These results demonstrate that Aspen has a significant risk of
high radon.
DISCUSSION: In early June, 2010, staff was contacted by CDPHE staff that additional money
was available under our current radon grant. Staff submitted a request and was approved for an
extra $1150 to purchase 250 radon test kits and S750 for 15 hours of our GIS department's staff
time to develop and input all of our radon results. The GIS work will provide a useful tool in
communicating radon risk to our public. We will be able to have a local map outlining levels of
radon in Aspen on our website. This tool will also assist staff in encouraging people to test their
home by visually demonstrating the high risk of radon in Aspen.
FINANCIAL/BUDGET IMPACTS: The $1900 for test kits and GIS staff time will be 100%
reimbursed by CDPHE such that this request is for spending approval. Staff will include this in
the 2010 fall supplemental request for revenue and expenditure budget authority.
ENVIRONMENTAL IMPACTS: Radon is the leading cause of lung cancer in non - smokers,
estimated to cause 25,000 lung cancer deaths each year in the United States. EPA's
recommended "action level" to fix a home is 4 pCi /L and EPA encourages action when results
Page 1 of 2
are between 2 to 4 pCi/L. EPA believes that any radon exposure carries some risk. Radon is a
significant risk that can be eliminated with simple, low cost measures.
RECOMMENDED ACTION: Staff recommends that Council approve the additional spending
of $1900 for a radon testing and GIS mapping of the results.
ALTERNATIVES:
CITY MANAGER COMMENTS:
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Lee Cassin, Environmental Health Director
THRU: Phil Overeynder, Director of Utilities and Environmental
Initiatives
DATE OF MEMO: September 27, 2010
MEETING DATE: October 12, 2010
RE: Supplemental Funding Request: Codifying Environmental
Impacts of Development Process
SUMMARY: For two years, Council's top priority was creating a system that allowed Council
to weigh the environmental impacts of large projects. Such a system with standards and
mitigation measures was developed primarily by Environmental Health, Canary Initiative, and
Stormwater departments, but with much input from staff in Planning, Building, Parks, Efficiency,
Engineering, Transportation, Construction Management, Attorney, Parking, Housing and Streets.
Subsequently, at the Council annual retreat, Community Development Director Chris Bendon
indicated to Council that this code change needed to be done in conjunction with the many code
changes that would result from the AACP, not as a separate change.
BACKGROUND: Community Development has submitted a 2011 supplemental funding
request for $125,000 for consulting work to be done on various code changes coming out of the
AACP. However, Chris points out that "there are 500+ action items and the $125k will go fast."
Separately funding $20k in is a way to prioritize this project since that has been Council's past
priority.
The study will evaluate ways to assess the measurable environmental impacts and alternatives
from making it part of either an impact fee or building code affecting all development or
applying it as a way for council to weigh large projects.
DISCUSSION: These funds will be used to provide two things:
• First, the consultant will review the work already done by staff, including standards,
methods of measuring, and potential mitigation measures. The consultant may
recommend changes or additional measures.
• Second, the consultant will write the actual land use code language, so the new provisions
will fit correctly into the existing code.
Page 1 of 2
Chris Bendon's recommendation is that "the City should invest $20k x 10 in this arena. Forcing
all development to a higher standard will take us a long way to our community-wide greenhouse
gas reduction goals. They certainly won't be reached through applying this system to only 3 -4
projects per year while we issue the other 1,500 permits and the bulk of the monetary investment
in the community with no requirement. Plus, improving standards and codes for environmental
performance of all development can be repeated in any community across the country."
FINANCIAL/BUDGET IMPACTS: The cost for this project is $20,000.
ENVIRONMENTAL IMPACTS: This effort is key to allowing Council to assess the
environmental impacts of new large projects OR to require more stringent reductions in the
environmental footprints of all projects.
RECOMMENDED ACTION: Staff recommends a budget supplemental in the amount of
$20,000 for the completion of code changes to allow Council to evaluate and minimize the
environmental impacts of projects.
CITY MANAGER COMMENTS:
•
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Ashley Cantrell, Environmental Health Specialist
THRU: Lee Cassin, Environmental Health Director
DATE OF MEMO: August 12, 2010
RE: 2010 Supplemental Budget Request —
Compost Grant Budget Approval
REQUEST OF COUNCIL: Environmental Health is seeking approval to spend $94,000
awarded by the Colorado Department of Public Health and Environment (CDPHE) for a new
compost grant.
BACKGROUND: In the spring of 2010, Environmental Health and Pitkin County Solid Waste
Center applied for a grant from the Pollution Prevention Advisory Board, part of the Colorado
Department of Public Health and Environment (CDPHE). In June of 2010, the CDPHE awarded
the City of Aspen $94,000 to spend on collecting food and paper waste from local businesses for
composting and to purchase food waste processing equipment to improve the existing compost
operation at the Pitkin County Landfill. The focus of this project will be to successfully separate
food and paper waste from the trash at local businesses and to work with waste haulers to deliver
this material to the landfill, where it will be properly composted, using the new compost
equipment. This is the first step towards establishing a permanent compost operation in the upper
Roaring Fork Valley that could one day be used by all residents and businesses. This program
will act as a great example for other communities to follow, and the partnership with Pitkin
County will ensure success.
DISCUSSION: Over the last year, nearly 20 businesses have expressed interest in composting.
Currently, there are no resources available to a business that wishes to start composting food
waste. The landfill does not have the necessary equipment to process compostable material on a
regular basis, and businesses do not have the know -how or resources to properly separate and
deliver this waste to the landfill. With funding from the CDPHE, the City and County will be
able to assist businesses in composting by providing collection bins, signs, training, and ongoing
support. In addition, the funding will be used to purchase a new piece of equipment that is
needed at the landfill to correctly process food, paper and waxed cardboard. Without this grant
project, Aspen businesses will continue to throw away food waste, a valuable commodity that
can be made into useable soil. By moving ahead with this project, Aspen will be taking one more
Page 1 of 2
step towards protecting our environment and leading the way in Colorado with our innovative
environmental programs.
FINANCIALBUDGET IMPACTS: The $94,000 for new equipment at the landfill and
resources for participating businesses will be 100% reimbursed by CDPHE such that this request
is for spending approval only. Staff will include this in the 2010 fall supplemental request for
revenue and expenditure budget authority.
ENVIRONMENTAL IMPACTS: According to a waste composition study conducted in 2009,
between 60 -75% of Aspen's restaurant waste is compostable material. Thirty percent of all
material that is Iandfilled in Pitkin County is compostable. Food and paper waste is the next
category of waste that must be addressed to continue to preserve our Landfill life and protect the
Aspen environment.
RECOMMENDED ACTION: Staff recommends that Council approve spending $94,000 for a
compost pilot program for business.
CITY MANAGER COMMENTS:
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: John Krueger, Lynn Rumbaugh — Transportation
RE: Supplemental Budget Request — Entrance to Aspen Survey
DATE: October 7, 2010
MEETING DATE: October 25, 2010
SUMMARY AND REQUEST OF CITY COUNCIL
Staff is requesting $24,000 as a 2010 supplemental budget request to conduct a survey of
the citizens of Aspen and Pitkin County on different Entrance to Aspen alternatives.
Staff will use the funding to hire a professional survey consultant to prepare, administer,
and tabulate the survey.
PREVIOUS COUNCIL ACTION
At the September 28, 2010, work session, Council directed staff to survey citizens in the
City of Aspen and Pitkin County on Entrance to Aspen alternatives
DISCUSSION
One of Council's Top 10 2010 goals states: Implement and evaluate the transportation
initiatives underway (Rubey Park, AABC /Buttermilk and in -town transit) and determine
the next steps regarding he ETA, leading to a November 2010 election that will winnow
the alternatives to those with majority support.
Rather than pose an Entrance to Aspen ballot question in November 2010, Council has
directed staff with the help of a professional survey consultant to develop and administer
a random survey of Aspen and Pitkin County voters.
1
FINANCIAL IMPACT
The Transportation Department does not have any 2010 funds available for the Entrance
to Aspen survey and is requesting supplemental funding in the amount of $24,000 from
City Council.
RECOMMENDED ACTION
Staff recommends that Council approve a supplemental appropriation in the amount of
$24,000 to conduct the Entrance to Aspen survey.
2
MEMORANDUM
TO: Mayor and City Council
FROM: David Hornbacher, Deputy Director of Utilities and Renewable
Energy, and
Phil Overeynder, Director of Utilities and Environmental
Initiatives
THRU: Randy Ready, Assistant City Manager
THRU: Don Pergande, Budget Manager
DATE OF MEMO: October 14, 2010
MEETING DATE: October 25, 2010
RE: 2010 Budget Supplemental, 431 Electric Utility Fund
REQUEST OF COUNCIL: Request approval of budget supplemental from Electric Fund
Reserve to line item 82340 — Wholesale Purchase Power, of $ 305,000 to align budget with
forecast.
PREVIOUS COUNCIL ACTION: Council approval of 2010 Budget.
DISCUSSION: Revision to budget to account for an increase in year 2010 wholesale power
purchases from MEAN. Specifically, this budget adjustment offsets the difference between
estimated and actual local energy production requiring additional energy purchases from MEAN
at a higher rate.
FINANCIAL/BUDGET IMPACTS: The Electric Fund has a fund balance sufficient to support
this request. In order to ensure the long -term sustainability of the fund in light of the increasing
wholesale electric rates, the Phase II Electric Rate study is underway. Results of the study will be
presented to City Council early year 2011 for review and consideration. Further, City staff
continue to pursue options to manage potentially volatile and increasing wholesale rates through
locally owned and managed energy production facilities.
ENVIRONMENTAL IMPACTS: None.
Page 1 of 2
RECOMMENDED ACTION: Approval of budget supplemental to bring Operating Expense
Fund 82340 — Wholesale Purchase Power in line with forecast.
ALTERNATIVES: If Council does not approve the staff recommendation, Wholesale Purchase
Power budget will not reflect power production impacts experienced during year 2010 missing
forecast.
PROPOSED MOTION: "I move to approve budget supplemental as presented."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Tom McCabe, Executive Director, Housing
THRU: Barry Crook
DATE OF MEMO: October 8, 2010
MEETING DATE: October 25, 2010
RE: Supplemental Request for Foreclosures
REQUEST OF COUNCIL: The Aspen/Pitkin County Housing Authority (APCHA) has been
given the direction to purchase all deed - restricted units at foreclosure and is, therefore, asking for
a supplemental request of $404,250 for 2010.
PREVIOUS COUNCIL ACTION: City Council had directed a past Finance Director to set up
a foreclosure fund out of the 150 Housing Development Fund.
BACKGROUND: A paragraph in the deed restrictions was added in the early 1990's that
allowed purchasers to obtain conventional financing. The language was required for a purchase
to obtain Fannie Mae type financing and required the APCHA, the City of Aspen, or the BOCC
to buy the deed - restricted unit within 30 days of the foreclosure, or the unit's deed restriction
would be released and the unit would go free - market. In the early 1990's, an additional fee was
collected from all new buyers that was a certain percentage of the loan amount. These funds
were placed into a separate fund for use on any foreclosures.
It was found that the funds were not being carried forward on a yearly basis; therefore, direction
was given to a past Finance Director to request from City Council a separate foreclosure account
to be set up to buy deed - restricted units upon foreclosure to maintain the unit's deed restriction.
The formal request did not go to City Council for approval. The City Manager's Office has
requested that the funds required at a foreclosure come from the Housing Operations account.
This has not been reflected in 2010's budget. The 2011 budget will reflect a separate line item
for foreclosures and will contain $500,000.
One foreclosure has happened with another one pending.
DISCUSSION: APCHA is requesting a supplemental for one foreclosure and one potential
foreclosure. The first foreclosure was for a unit at Hunter Creek in the amount of $104,250. The
potential foreclosure is at Burlingame and was scheduled for sale on the Courthouse steps on
September 29, 2010. The foreclosure has been rescheduled to October 27, 2010; therefore, the
Page 1 of 2
exact amount that will be needed for this unit is unknown. The amount for the September 29
foreclosure was $287,538; therefore, APCHA is requesting a supplemental for $300,000 to cover
any additional costs for this foreclosure.
A total supplemental of $404,250 is being requested for these two units.
FINANCIAL/BUDGET IMPACTS: There are no financial implications at this point in time as
both units can either be sold in excess of the cost to purchase at foreclosure or at an amount for
APCHA to breakeven.
ENVIRONMENTAL IMPACTS: There are no environmental impacts.
RECOMMENDED ACTION: APCHA is requesting City Council to approve a supplemental
in the amount of $404,250 for 2010.
ALTERNATIVES: If the supplemental is not approved, City Council will need to come up
with another mechanism to purchase deed - restricted units at foreclosure to protect the inventory.
PROPOSED MOTION: "I move to approve Ordinance # , Series 2010, Appropriating an
Additional $404,250 to Protect Deed - Restricted Units in foreclosure."
CITY MANAGER COMMENTS:
Page 2 of 2
•
MEMORANDUM
TO: Mayor and City Council
FROM: Steve Bossart, Capital Asset Project Manager
THRU: Jerry Nye, Director Streets Department
DATE OF MEMO: October 7, 2010
MEETING DATE:
RE: Streets Shop Building Structure and Mechanical Maintenance
REQUEST OF COUNCIL: Supplemental funding for 2010 in the amount of $45,000 for
repairs to the existing roof and mechanical venting of the 20 year old Streets Shop building.
PREVIOUS COUNCIL ACTION: NA
BACKGROUND: The Asset Department has responded to requests by Jerry Nye and his staff
to review and advise on repairs and modification to rectify snow, ice, and moisture damage that
has occurred at the 20 year old streets shop building.
The building is a pre engineered steel structure with a concrete masonry block (CMU) exterior
facade. The roof is a sloped standing seam system above structural purlins with an insulated steel
substrate. Slopes run up to 60 feet from the single ridge and cupola to shallow eaves. Vent stacks
for several boilers penetrate the roof close to the eaves. Snow accumulates and slides over clear
roof spans, but build up above the vent stacks. Repeated freeze thaw cycles produce more
accumulation of snow and ice eventually pushing the stacks downhill and opening jack and
flashing assemblies.
Moisture from melting snow and rain runs back to and down the masonry wall surface. CMU is a
porous material that readily absorbs and drains water. Any material will degrade with continual
wetting and drying, and damage increases if moisture freezes within the structure causing
mechanical weathering and stress resulting in spalling of the block surface. Large areas of the
east exposure of the building have deteriorated badly with loss of wall structure. Other north and
west wall areas show smaller localized areas of spalling.
At the same time we've worked to determine the best approach on repairs to the mechanical
heating system for the building and courtyard snowmelt system. Various high efficiency boiler
systems have been considered with added engineering to analyze and ensure possible integration
Page 1 of 3
with the ground source thermal possibilities of the proposed penstock system. We've decided the
best course at this time is to effect repairs and moderate designs to the existing equipment for a
small fraction of the cost and time to engineer and install a new system that may not be
ultimately be appropriate.
Staff has engaged various experts, engineers, and roofing contractors to review the overall
condition and to speculate on the cause(s) of the roof and wall damage. The first action step is to
stop current water penetration and mechanical weathering to roof accessories. The second item is
to determine the best way to take moisture away from the masonry surface. The two approaches
are to either hold the snow with mechanical structures and utilize electric snowmelt and gutter, or
provide adequate eave overhangs to allow a drip line at a safe distance. The latter approach is
best managed with a well insulated under roof and an upper cold roof system, and expensive
retrofit in this case. We will also consider the gutter, snow fence, snowmelt approach and
measure first cost against the best practices currently available to minimize electric cost and
carbon production.
Repairs to the CMU can be safely postponed until 2011 we believe.
This section is intended to be a "history of the issue" and should include any events other than
Council discussions and actions that have influenced the situation — be succinct, yet thorough.
Write this section as if Council has never seen this topic before.
This section is not required to be included in every memo — use only if applicable.
DISCUSSION: The Streets Department office and shop building is a design which successfully
emulates the adjacent historic old power plant building. The mechanical HVAC systems have
reportedly functioned reasonably well for nearly 20 years, requiring increased maintenance in
recent years. Energy evaluations have suggested replacement of the HVAC boilers with more
efficient units. As Streets and Asset discussed the options with design engineers, utility
department personnel working currently on the future penstock project, and with HVAC
contractors, we ran into unresolved questions about the future systems and impacts. We currently
believe moderate repairs can be made to the existing equipment while also improving efficiency.
This low cost option of under $5,000 could yield another 5 years of life to the existing system
while other considerations for future potential upgrades are decided.
The building geometry and roof design combined with exterior material choices and roof
penetrations have resulted in ongoing damage to the building exterior and interior. Solutions to
ice and snow management and moisture intrusion are serious enough to warrant immediate
repairs. Solutions are currently being evaluated and priced. We still have a construction window
in which to make repairs before winter snows.
Repair work will have no impacts to zoning or parking. Environmental noise impacts associated
with the roof metal work will be minimal.
•
Page 2 of 3
FINANCIAL/BUDGET IMPACTS: The repairs to the HVAC system are estimated to be
under $5,000 and can be paid by the Streets Department from their current maintenance account.
Roof solutions may include a low initial cost snow fence, gutter, and electric snow melt system,
or a comprehensive redesign to a high initial cost cold roof system. Electric snow melt is a
typical response to design issues such as these but has ongoing utility fees and carbon impacts.
We estimate approximately $45,000 to address current snow fence, flashing repairs, and limited
gutter and electric snow melt. This amount is a 2010 supplemental request. Masonry repairs will
be delayed until 2011. We are finalizing proposals and designs.
ENVIRONMENTAL IMPACTS: It is not possible to accurately quantify potential electric use
and carbon production for additional snow melt at this time. One current control methodology is
to time periods of heat use to limited hours at the key freeze /thaw hours such as 6 to 8 in the
morning and 5 to 7 in the evening, during the snow months. A complete reroof project would
have a greater present carbon and energy impact, but once complete would use little to no energy.
The City emphasizes the environmental impacts of snow and ice on all new building design.
RECOMMENDED ACTION: It is recommended that Council accept the recommendations for
HVAC repair work, and for the supplemental request to repair the damage and plan corrections
for the roof.
ALTERNATIVES: Replacement of boilers with high efficiency units could be undertaken in
lieu of repairs. We would recommend full advance engineering services to ensure compatibility
with the potential future ground source heat once the penstock project is installed. Or Council
could decide to replace the current boilers without specific consideration for future connection
with ground source heat potential. Proceeding in either of those directions could result in excess
costs either invested or required in the future. Those exact cost impacts are not known currently.
Roof repair and moisture management work could be delayed though that would allow continued
moisture infiltration to the interior and damage to the exterior masonry.
PROPOSED MOTION: "I move to approve expenditure of supplemental funds in the amount
of $45,000 to effect repairs to the Streets Shop building roof."
CITY MANAGER COMMENTS:
ATTACHMENTS:
Notes:
• Proposals are being finalized.
Page 3 of 3
VIfl
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
THRU: Chris Bendon, Community Development Director I 1 AIM
FROM: Sara Adams, Senior Planner
RE: 604 West Main Street, Extension of Vested Rights — Resolution - q IZSeries 2010 —
Public Hearing
MEETING
DATE: November 8, 2010
APPLICANT /OWNER: RECOMMENDATION:
604 West Main LLC Staff recommends approval.
LOCATION: SUMMARY:
604 West Main Street, Lots Q, R, and S, The Applicant requests a three year extension of
Block 24, City and Townsite of Aspen. their vested rights to September 21, 2014 with
regard to the existing approval.
CURRENT ZONING & APPROVED USE
MU (Mixed Use) Zone District. A mixed
use project comprising commercial and
affordable housing is approved. q
y
Y,. `r>
la
i x
Figure 1: 604 West Main Street, one of the
historic resources.
LAND USE REQUESTS AND REVIEW PROCEDURES:
The Applicant is requesting the following land use approval:
• Extension of Vested Rights to extend the vested rights of the approved project to
September 21 2014, pursuant to Land Use Code Section 26.308.010 C., Extension or
Reinstatement of Vested Rights. (City Council is final review authority who may approve
or deny the proposal).
604 West Main Street
Staff Memo
1
PROJECT SUMMARY:
604 West Main Street is a 9,000 square foot lot located within the Main Street Historic District.
There are three local landmarks on the property: a circa 1880s historic miner's cabin that fronts
Main Street (the Rebecca Wylie house) and an 1880s outbuilding/bam located along the alley
and Fifth Street, a 19 century shed straddling the property line between 604 and 612 West Main
Street.
The Applicant requests an extension of their vested rights for the project approved by Historic
Preservation Commission (HPC) Resolution No. 19, Series 2008 and Planning and Zoning
Commission Resolution No. 15, Series of 2008, which allow the applicant to develop a mixed
use project that includes commercial and affordable housing uses through an increase in net
leasable space and an onsite affordable housing unit. There is no free market residential unit
component to this project.
The approved project has an FAR of approximately .87:1, where 1:1 is the maximum cumulative
FAR for the Mixed Use zone district. The maximum height of the proposal is about 2 feet under
the maximum height limit in the Main Street Historic District. HPC approved the development
of two new buildings on the site: one commercial building that fronts Main Street and another
commercial building that fronts Fifth Street. The new buildings are free - standing; the applicant
does not propose any additions to the historic resources. All of the required parking is provided
onsite. A three bedroom affordable housing unit is proposed along the alley (in the new building
that fronts Main Street) to mitigate for the new commercial space. HPC granted setback
variances for the project to accommodate the preservation of the historic resources and the new
buildings on the site.
The resolution vested the approval until September 21, 2014. Elevations and floor plans are
provided in Exhibit B.
STAFF COMMENTS:
VESTED RIGHTS EXTENSION:
The Applicant is requesting an extension of their vested rights until September 21, 2014,
pursuant to Section 26.308.010 (C) Extension or Reinstatement of Vested Rights, of the City's
Land Use Code. The review criteria are addressed in Exhibit A.
RECOMMENDATION:
Staff recommends that the City Council approve the requested extension of vested property
rights with an expiration date of September 21, 2014 for 604 West Main Street.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Resolution No.9jeries of 2010, approving with conditions an extension
of vested property rights for 604 West Main Street as was originally approved by Historic
Preservation Commission Resolution No. 19, Series of 2008 and Planning and Zoning
Commission Resolution No. 15, Series of 2008. The new expiration date shall be September
21, 2014."
604 West Main Street
Staff Memo
2
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
EXHIBIT A — Review Criteria and Staff Findings.
EXHIBIT B — HPC approved floor plans and elevations.
EXHIBIT C - Application.
604 West Main Street
Staff Memo
3
RESOLUTION NO.9/
(Series of 2010)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS GRANTED BY HISTORIC
PRESERVATION COMMISSION RESOLUTION NO. 19, SERIES OF 2008 AND
PLANNING AND ZONING COMMISSION RESOLUTION NO. 15, SERIES OF 2008
FOR THE PROPERTY DESCRIBED LOTS Q, R, AND 5, BLOCK 24, AS
COMMONLY DESCRIBED AS 604 WEST MAIN STREET, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735- 124 -44 -008
WHEREAS, the Community Development Department received an application
from 604 West LLC, Neil Karbank, Manager, requesting approval of a three year
extension of the vested rights granted for 604 West Main Street pursuant to Historic
Preservation Commission Resolution No. 19, Series of 2008 and Planning and Zoning
Commission Resolution No. 15, Series of 2008; and,
WHEREAS, the Planning and Zoning Commission adopted Resolution No. 15,
Series of 2008, which granted Growth Management review for the Expansion of a
Historic Landmark for Mixed Use Development and Growth Management review for
Affordable Housing for part of a development order that is valid until September 21,
2011; and,
WHEREAS, the Historic Preservation Commission adopted Resolution No. 19,
Series of 2008, which granted a certificate of appropriateness for Major Development,
and approval of Variances and Commercial Design Standard Review for part of a
development order that is valid until September 21, 2011; and,
WHEREAS, pursuant to Section 26.308.010 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 until September 21, 2014;
and,
WHEREAS, the Aspen City Council has reviewed and considered the request
under the applicable 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 vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
Resolution No. , Series of 2010
Page 1 of 3
vested rights proposal, 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 welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve an extension of vested rights as approved
by Historic Preservation Commission Resolution No. 19, Series of 2008 and Planning
and Zoning Commission Resolution No. 15, Series of 2008 through September 21, 2014.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by 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 ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A duly noticed public hearing on this Resolution was held on the 8th day of November,
2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
(signatures on following page(
Resolution No. , Series of 2010
Page 2 of 3
FINALLY, adopted, passed, and approved by a vote on this 8th day of November,
2010.
Approved as to form: Approved as to content:
John Worcester, City Attorney Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Resolution No. , Series of 2010
Page 3 of 3
Exhibit A
EXTENSION OR REINSTATEMENT OF VESTED RIGHTS REVIEW CRITERIA & STAFF FINDINGS
Section 26.308.O10.C., Extension or Reinstatement of Vested Rights, of the City Land Use Code
provides that development applications for an extension of vested rights may be approved in
accordance with the following standards and requirements.
1. In reviewing a request for the extension or reinstatement of vested rights the City
Council shall consider, but not limited to, the following criteria:
a. The applicant's compliance with any conditions requiring performance prior to
the date of application for extension or reinstatement;
Staff Finding:
The majority of the conditions of approval adopted by the Historic Preservation
Commission are most appropriately addressed during the building permit review
process. The applicant submitted and received an encroachment license ,from the City
Engineer for the historic shed that encroaches into the alley. At this time, the applicant
has not submitted a building permit.
b. The progress made in pursuing the project to date including the effort to obtain
any other permits, including a building permit, and the expenditures made by
the applicant in pursuing the project;
Staff Finding
The Applicant has pursued and been granted a Major Development certificate of
appropriateness from the Historic Preservation Commission for this project and Growth
Management review for the enlargement of a historic landmark and the create of an
affordable housing unit. The applicant estimates that 5250,000 has been spent pursuing
land use approvals and design development. Stafffnds this criterion to be met.
c. The nature and extent of any benefits already received by the city as a result of
the project approval such as impact fees or land dedications;
Staff Finding
The project is required to pay impact fees when the building permit is issued.
d. The needs of the city and the applicant that would be served by the approval of
the extension or reinstatement request.
Staff Finding:
The approved project meets the goals of the historic preservation program by extensively
rehabilitating and restoring 3 historic resources on the site. The new components of the
project were found to be compatible with the Main Street Historic District by the Historic
Preservation Commission: it is under the allowed FAR and under the height limit, it
exceeds the pedestrian amenity requirement, and the project does not include additions to
Exhibit A
604 West Main Street
1
the historic resources. The affordable housing rental unit meets the housing mitigation
requirements. Staff finds this criterion to be met.
Exhibit A
604 West Main Street
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September 23, 2010
Ms Sara Adams, Senior Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF VESTED RIGHTS FOR 604 WEST MAIN STREET
Dear Sara,
This is an application to extend the vested rights granted to 604 West Main Street. The
Development Order for 604 West Main Street was issued on September 21, 2008 (see
Exhibit #1) and established a three year period of vested rights for a mixed use re-
development of the property. The land use approvals on which the Development Order
are based are Aspen Planning and Zoning Commission Resolution No. 15, Series of
2008, and HPC Resolution No. 19, Series of 2008 (see Exhibits #2 and #3, respectively).
The applicant for that project and owner of the property is 604 West LLC, Neil Karbank,
Manager (see the Title Insurance Policy, attached as Exhibit #4). Authorization for Alan
Richman Planning Services to represent the applicant is provided in Exhibit #5.
According to the Pre - Application Summary Form you provided to us (see Exhibit #6),
Section 26.308.010 C. of the Land Use Code authorizes the Aspen City Council to
approve an extension of vested rights. The applicant hereby requests a three (3) year
extension of the vested rights for this project, to September 21, 2014. This request is
being submitted approximately one year prior to the date of expiration of the vested rights
(currently scheduled to occur on September 21, 2011).
The reason that this request is being submitted now is that if the applicant is unable to
secure an extension then it would be necessary to initiate work on the construction
drawings for the project this winter in anticipation of submission of a building permit
application next year. The applicant would prefer not to incur these significant
expenditures at this time, for the reasons stated below. First however, a brief description
of the history of this project is provided.
•
Ms. Sara Adams
September 23, 2010
Page Two
Background
Mr. Karbank is a long time Aspen resident whose law office has been located at 604
West Main Street for approximately the last decade. He was fortunate enough to have
the opportunity to purchase this property from its former owner to secure his long term
occupancy of the space. Mr. Karbank also leases an office space on the property to
Millard Zimet, another long time local attorney.
In 2005, Mr. Karbank submitted an application to the City for a historic landmark lot split
for this property, to create a 6,000 sq. ft. lot for re- development as a mixed use project
and a 3,000 sq. ft. lot for a free market residence. This application was recommended for
approval by the HPC and approved by the Aspen City Council. However, when it came
time to file the plat Mr. Karbank concluded that creation of a free market residential lot
was not the best option for this property so he allowed the project to expire.
Mr. Karbank returned to the public review process with a new application that represented
a better concept for the property. The principal features of this project were as follows:
1. Preserve and restore the three contributing historic buildings that are located on
the site, so they may continue to be used for many years into the future.
2. Remove the two non - contributing structures. Replace these structures with a new
compatible building compound composed of small office buildings and a carport
along the alley that has an affordable housing unit on its second floor.
The new project is a mixed use development with no free market residential development
and no floor area bonus. In fact, the project was approved for Tess than the as -of -right
floor area (approximately 7,800 sq. ft. of floor area where 9,000 sq. ft. is allowed by right),
less than the allowed building height (25' maximum height where 28' is allowed by right
and 32' is allowed by Commercial Design Review) and more than the required public
amenity space (35% proposed whereas 25% is required). There will be a modest
increase in the amount of net leasable commercial space on -site (less than 3,000 sq. ft.
of new net leasable space) which will be mitigated by building an on -site affordable
housing unit and providing on -site parking for each of the uses.
The project received conceptual approval from HPC in December, 2007 and GMQS
approval from P &Z in April, 2008. Final approval was given by HPC in August, 2008.
Shortly thereafter the economic climate both nationally and locally changed dramatically.
The financing market for projects such as this has become exceedingly difficult, and not
only has the demand for new office space diminished, but attainable rents have declined
precipitously. As a result the . applicant has been unable to proceed with development of
the project and now seeks City approval of this extension of the project's vested rights.
Ms. Sara Adams
September 23, 2010
Page Three
Responses to Standards of Land Use Code
Section 26.308.010 C.1 of the Land Use Code provides the standards for City Council to
consider in reviewing a request for the extension of vested rights. The applicant's
responses to these standards are as follows:
a. The applicant's compliance with any conditions requiring performance prior to the
date of application for extension or reinstatement.
Response: A review of the HPC and P &Z resolutions indicates that the conditions
applied to the project involved primarily design features and similar project elements that
were to be resolved with the submission of plans to obtain a building permit. There were
no plats that needed to be recorded or dedications that needed to be made that would
logically be completed prior to submission of the building permit application.
The applicant did apply for and receive an encroachment license from the City Engineer
for the shed that encroaches into the alley. The applicant also took the necessary actions
to stabilize the historic shed that straddles the lot line between this project and the
adjacent property at 612 West Main Street. That structure was in danger of collapsing so
the applicant had wood beams installed to stabilize the structure.
More recently the roof of this shed has been compromised as a result of some storms.
The applicant discussed this situation with City staff and has agreed to either repair or
replace the roofing materials on the shed. The applicant also mentioned to staff that he
would like to proceed with the restoration of the shed, as proposed in the application.
The applicant would like to complete this work within the coming year, in advance of the
rest of the project, provided he has the funds to do so.
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: Following HPC final approval the applicant and his architects advanced the
project design to what is known in the profession as the "design development" phase.
This is typically considered to be the precursor to the actual issuance of construction
drawings for the project.
The applicant has spent approximately $250,000 preparing the land use applications,
design drawings and models for the project and pursuing and obtaining the necessary
City approvals. A more detailed accounting of these costs can be provided if the Council
deems it necessary.
Ms. Sara Adams
September 23, 2010
Page Four
c. The nature and extent of any benefits already received by the city as a result of the
project approval such as impact fees and land dedications.
Response: The applicant has not yet made any impact fee payments for this project,
although such payments will be made at the time a building permit is issued for the
project. The impact fee payments that will be made at building permit review include the
park development impact fee, TDM /air quality impact fee and school land dedications fee.
The City has adopted a new stormwater impact fee since the time of approval of this
project, and that fee will also apply at the time of building permit review.
d. The needs of the city and the applicant that would be served by the approval of the
extension or reinstatement request.
Response: The needs of the City and the applicant that would be served are that this
project, which complies with many key aspects of the Aspen Area Community Plan and
represents a positive contribution to the community fabric, would remain valid. Elements
of the project that comply with the AACP include the following:
1. There are three historic structures on this site — the Wylie house, the art barn and
the shed. All three structures would be preserved and restored as a result of this
application. HPC granted approval to this application, finding it to be the
appropriate way to preserve the historic landmark structures on the property and to
allow for compatible new development.
2. The proposed floor area and height of the project are well below that allowed in the
Mixed Use zone district and the pedestrian amenity space that will be provided is
well in excess of that required for the site.
3. The project complies with the City's mitigation standards for affordable housing
and parking, including provision of on -site deed restricted housing. No special
reductions or waivers were requested for either of these features.
4. The project is located within the infill area and will provide a home for two existing
locally owned offices. A free market residence is not included in the project, even
though the Code would allow such a unit to be built.
The applicant believes it is in both the applicant's and the City's interest to extend the
prior approvals so this project can be built at a time when there is again a market for new
office space.
Ms. Sara Adams
September 23, 2010
Page Five
Conclusion
The applicant looks forward to your review of this request and to its consideration by the
Aspen City Council. Please do not hesitate to contact us if you have any questions
regarding this matter.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
AL &8
Alan Richman, AICP
EXHIBITS
EXHIBIT #1
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, `Nested 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
permit 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 26.308.010. After
Expiration 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.
604 West LLC, c/o Neil Karbank, Manager, 604 West Main Street, Aspen, Colorado, 81611,
970 - 920 -2899.
Property Owner's Name, Mailing Address
604 West Main Street, Lots Q, R and S, Block 24, City and Townsite of Aspen, Colorado
Legal Description and Street Address of Subject Property
Historic Preservation Commission approved a mixed use development of commercial and
affordable housing on the landmark property to include two new buildings and the
rehabilitation of the two existing historic structures. Demolition of two non- historic
buildings, setback variances and the relocation of two historic - structures were approved.
The Planning and Zoning Commission granted growth management review for the new net
leasable commercial space and affordable housing.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Approved per Planning and Zoning Resolution No. 15, Series of 2008, passed on April 1,
2008 and Historic Preservation Commission Resolution No. 43, Series of 2007 and No. 19,
Series of 2008, passed on December 12, 2007 and August 13, 2008 respectively.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
September 21, 2008
Effective Date of Development Order (Same as date of publication of notice of approval.)
September 21, 2011
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 1 t day of September, 2008, by the City of' Aspen Community Development
Director.
Chris Ben. , Community Development Director
EXHIBIT #2
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR
THE ENLARGEMENT OF A HISTORIC LANDMARK AND GROWTH
MANAGEMENT REVIEW FOR AN AFFORDABLE HOUSING UNIT
LOCATED AT 604 WEST MAIN STREET, LOTS Q, R, AND S, BLOCK 24 CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-124-44-008.
RESOLUTION NO. 15 (SERIES OF 2008)
WHEREAS, the Community Development Department received an application
from 604 West LLC, owned and operated by Neil Karbank and represented by Alan
Richman Planning Services and Stryker Brown Architects, requesting approval of
Growth Management Review for the Enlargement of a Historic Landmark for a Mixed
Use Development and Growth Management Review for Affordable Housing to enlarge
the historic landmark by adding 2,975 of new net leasable commercial area and an
affordable housing unit; and,
WHEREAS, the Applicant received Commercial Design Standard approval from
the Historic Preservation Commission on December 12, 2007; and,
WHEREAS, the Applicant received Major Development Conceptual, Relocation
and Demolition approval from the Historic Preservation Commission on December 12,
2007; and,
WHEREAS, the Applicant was granted setback variances by the Historic
Preservation Commission on December 12, 2007; and,
WHEREAS, the subject property is zoned MU (Mixed Use); and,
WHEREAS, the subject property is listed on the Aspen Inventory of Historic
Landmark Sites and Structures; and,
WHEREAS, upon review of the application, and the applicable code standards,
the Community Development Department recommended approval with conditions, of the
land use requests; and,
WHEREAS, during a duly noticed public hearing on April 1, 2008, the Planning
and Zoning Commission approved Resolution No.15, Series of 2008, by a four to zero (4 -0)
vote, approving Growth Management Review: the Enlargement of a Historic Landmark
for a Mixed Use Development and Growth Management Review: Affordable Housing,
for the development of two new commercial buildings and an affordable housing unit
consisting of a total of 4,335 square feet of net leasable area and approximately 1,200
square feet of affordable housing located on the property at 604 West Main Street, Lots
Q, R, and S, Block 24, City and Townsite of Aspen, CO; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
P& Z Resolution #15, Series of 2008
Page 1 of 7
WHEREAS, the Aspen Planning and Zoning Commission finds that the
development proposal meets or exceeds all applicable development standards and that the
approval of the development proposal, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Planning and Zoning Commission hereby approves with conditions a
Growth Management Review for the enlargement of a historic landmark for mixed use
development and a Growth Management Review for the development of affordable
housing for the property located at 604 West Main Street, Lots Q, R, and S, Block 24,
City and Townsite of Aspen, CO. The use mix and dimensional requirements shall
comply with the MU zone district, as included in the chart below. Specific square
footage requirements may be amended, pursuant to compliance with the MU zone
district.
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Minimum Lot 9,000 sq. ft. 3,000 sq. ft.
Size
Minimum Lot 90 ft. 30 ft.
Width
Minimum Lot 9,000 sq. ft. 3,000 sq. ft.
Area/Dwellin:
Minimum Front 10 ft. 10 ft., which may be reduced to 5 ft. pursuant
Yard Setback to S.ecial Review Section 26.430
Minimum Side 1 ft. (east side, HPC granted 6 ft. 8 in. (east side, corner)
Yard Setback variance) 5 ft. (west side)
5 ft. west side)
Minimum Rear 0 ft.(for Historic Barn and AHU, 5 ft.
Yard Setback HPC granted variance)
Maximum Height 25 ft or less 28 ft. for Commercial, which may be increased
to 32 ft. by Commercial Design Review
25 ft. for Residential
Minimum
Distance between 10 ft. 10 ft.
Buildin:s on Lot
Pedestrian Minimum of 35% 25% (pursuant to Section 26.575.030, Public
Ameni S.ace Ameni
Maximum A..roximatel 7,800 or Maximum cumulative is 9,000 s•. ft. or 1:1,
P& Z Resolution #15, Series of 2008
Page 2 of 7
P _ r •' '
allowable floor 0.87:1 which may be increase to 1:1.25 through
area S.ecial Review
Minimum 6 spaces (5 spaces for the A total of 6 spaces for the proposed
Number of 4,390 sq. ft. of net leasable, development- 1 per 1,000 sq. ft. of net leasable
Parkin: S• aces and 1 s. ace for the AH unit area, and one . er dwellin: unit.
Section 2: Building Permit Application
The building permit application shall include the following:
a. A copy of the HPC conceptual and final Resolution and a copy of the P&Z
Resolution.
b. The conditions of approval by HPC and P&Z printed on the cover page of the
building permit set.
c. A fugitive dust control plan to be reviewed and approved by the City Engineering
Department.
d. Improvements to the right of way shall include new grass, irrigation, and possibly
the replacement of street trees, and shall be approved prior to building permit
submittal. Improvements to the Main Street right of way will require over site by
the City Forester. Detail root zones of trees in the right of way that may be
impacted by the improvements.
e. An excavation - stabilization plan, construction management plan (CMP), and
drainage and spoils report pursuant to the Building Department's requirements.
The CMP shall include an identification of construction hauling routes,
construction phasing, and a construction traffic and parking plan for review and
approval by the City Engineer and Streets Department Superintendent. The
construction management plan shall also identify that the adjacent sidewalks will
be kept open and maintained throughout construction. Staging areas will be
identified in the plan, and shall indicate that the alley shall not be closed during
construction. No stabilization will be permitted in the City right of way. Storm
run off must be addressed.
f. A complete geotechnical report and geotechnical design need to be part of the
permit submittal plan.
g. Accessibility and ADA requirements shall meet adopted Building Code
requirements.
h. An approved Landscape Plan.
Section 3: Dimensional Requirements
The building as presented in the plans contained within the application complies with the
dimensional requirements of the Mixed Use (MU) zone district, with the exception of the
setback variances granted by the Historic Preservation Commission via Resolution #43
Series of 2007. Compliance with these requirements will be verified by the City of
Aspen Zoning Officer at the time of building permit submittal.
P& Z Resolution #15, Series of 2008
Page 3 of 7
Section 4: Trash/Utility Service Area
The trash containers shall be wildlife proof and meet the Certificate of Appropriateness
regulations pertaining to size and security.
Section 5: Sidewalks, Curb. and Gutter
The sidewalks shall be upgraded to meet the City Engineer's standards, HPC
recommendations and ADA requirements, and prior to issuance of' a Building Permit, the
applicant shall provide plans that meet the approval of the City Engineer. Such
improvements shall be made prior to a Certificate of Occupancy on any of the units
within the development.
Section 6: Affordable Housing
A. The affordable housing requirements of the project shall be met with provision of one
unit. The Applicant shall provide a three bedroom, Category 4, 1,200 square feet unit as
represented in their application.
B. The unit is permitted to be rental with the following conditions:
a. The unit will be deed - restricted as Category 4 to be approved by APCHA and
finalized at time of Final approval.
b. The deed - restriction will allow for the unit to become an ownership unit at such
time the owners would request this change and/or at such time the APCHA deems
the unit out of compliance over a period of one year. If the unit is found to be out
of compliance for one year, or the owner elects to sell the unit, the unit would be
listed for sale with the Housing Office as specified in the deed restriction. If the
unit is being sold due to non - compliance, the sales price will be based upon the
price from the day the non - compliance began. If the unit is being sold due to non-
compliance, the unit will be sold through the lottery system. If the owner elects to
sell the unit, the owner may choose the first buyer only the household qualifies
under the top priority for that specific unit.
c. An agreement will be established between the owners of the commercial space and
APCHA regarding the tenancy of the affordable housing unit. At NO time will the
tenancy of that unit be tied to any specific employer. If the owner cannot find a
qualified a tenant, the owner will contact APCHA and the units) will be filled
through APCHA's normal advertising process.
d. Two reserved parking spaces would be preferred for the affordable housing unit;
however, one parking space is required by the Code and the HPC has approved one
parking space for the affordable housing unit.
e. The units shall be owned by an Association and managed by that Association;
however, the applicant must provide to APCHA, at final approval, more detail of
maintaining and managing said unit.
f. Each tenant in the rental unit will be required to be requalified by APCHA on a
yearly basis.
P& Z Resolution #15, Series of 2008
Page 4 of 7
g. Minimum occupancy for the three - bedroom unit is required (i.e., a household of
three consisting of all working adults or a family). Should the unit become a "for
sale" unit, the top priority for the unit is a household of three with at least one a
dependent as defined in the Aspen/Pitkin County Housing Guidelines.
h. The governing documents shall be drafted to reflect the potential for the rental unit
to become an ownership unit. These governing documents shall be reviewed and
approved by APCHA.
i. Should the rental unit become an ownership unit, the APCHA or the City of Aspen
can elect to purchase the unit for rental to qualified households in accordance with
the APCHA Housing Guidelines.
j. As long as the affordable housing unit remains as a rental unit, the APCHA or the
applicant shall structure a deed restriction for the unit such that an undivided
1 /10` of 1 percent interest in the ownership of the unit is deed restricted in
perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the
unit becomes an ownership unit; or the applicant may propose any other means
that the Housing Authority determines acceptable.
k. Language shall be provided in the Protective Covenants covering the unit's
assessments upon the unit becoming a "for sale" unit. The assessments shall be
based on the value of the commercial space compared to and in proportion to the
value of the deed - restricted unit. This language shall be required in the approval and
in the Covenants associated with the project and allow for the same voting
representation commercial space if the unit becomes a "for sale" unit. No changes to
this restriction would be allowed without APCHA's approval.
C. The affordable housing unit shall receive a Certificate of Occupancy prior to or at the
same time as the newly developed commercial space. A deed restriction shall be
recorded prior to the Certificate of Occupancy and, if applicable, at the same time as the
recordation of the Condominium Plat.
Section 7: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, 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. within the building shall have individual water meters.
Section 8: Sanitation District Requirements
a. Service is contingent upon compliance with the Aspen Consolidated Sanitation
District's (ACSD) rules, regulations, and specifications, which are on file at the
District office. ACSD will review the approved Drainage plans to assure that clear
water connections (roof, foundation, perimeter, patio drains) are not connected to the
sanitary sewer system.
b. On -site utility plans require approval by ACSD.
P& Z Resolution #15, Series of 2008
Page 5 of 7
c. Oil and Sand separators are required for parking garages and vehicle maintenance
establishments. Driveway entrance drains must drain to drywells. Elevator shaft
drains must flow through oil and sand interceptors.
d. Old service lines must be excavated and abandoned at the main sanitary sewer line
according to specific ACSD requirements before any and all sol stabilization
measures are attempted and prior to ACSD releasing any and all permits. Below
grade development may require installation of a pumping system. One tap is allowed
for each building. Shared service line agreements may be required where more than
one unit is served by a single service line. Permanent improvements are prohibited in
sewer easements or right of ways.
e. Landscaping plans will require approval by ACSD where soft and hard landscaping
may impact public ROW or easements to be dedicated to the district.
f. All ACSD fees must be paid prior to the issuance of a building permit.
g. The glycol heating and snow melt system must be designed to prohibit and discharge
of glycol to any portion of the public and private sanitary sewer system. The glycol
storage areas must have approved containment facilities.
h. Soil Nails are not allowed in the public ROW above ACSD main sewer lines.
Section 9: Exterior Lighting
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor Lighting.
Section 10: Landscaping
a. Proposed on grade improvements need to be designed with the maximum protection
of the root zones around the cottonwood trees. Plans shall identify impacts to water
and air absorption into the soil as well as root impacts.
b. Prior to any the issuance of any demolition or building permits, tree removal will be
approved by the Parks Department. Mitigation for removals will be paid through
cash -in -lieu or on site with street trees.
c. A formal plan indicating the location of the tree protection, and the location of trees
and the drip line of the trees in relationship to the existing structure and proposed
structures, will be required for the building permit set.
Section 11: Park Development and TDMJAir Quality Impact Fee
Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a park
development impact fee and a TDM/Air Quality impact fee prior to building permit
issuance. The fee shall be calculated according to the fee schedule in Land Use Code
Section 26.610.09 0, Fee Schedule.
Section 12: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
P& Z Resolution #15, Series of 2008
Page 6 of 7
Section 13:
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 Historic
Preservation Commission, are 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 14:
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 15:
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.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 1 day
of April, 2008.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
H - ----"_ `-_ nr<
ames R. True, Special Counsel 1.4 Erspamer, Chair
- 51 - 4 t f, b b s
ATTEST:
019
a e Lothian, Deputy City Clerk
P& Z Resolution #15, Series of 2008
Page 7 of 7
EXHIBIT #3
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FOR MAJOR DEVELOPMENT (FINAL) AND
VARIANCES FOR THE PROPERTY LOCATED AT 604 WEST MAIN STEET, LOTS
Q, R AND S, BLOCK 24, CITY AND TOWNSITE OF ASPEN, COLORADO.
RESOLUTION NO. 19, SERIES OF 2008
PARCEL ID: 2735- 124-44 -008.
WHEREAS, the applicant, 604 West LLC, c/o Neil Karbank, Manager, represented by Alan
Richman Planning Services and Stryker Brown Architects for the property located at 604 West
Main Street, Lots Q, R and S, Block 24, City and Townsite of' Aspen, Colorado; and
WHEREAS, Section 26.415.070 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 Final Major 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.4.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, 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 architectural
character of the historic property, an adjoining designated historic property or historic
district; and
WHEREAS, Sara Adams, in her staff report dated August 13, 2008, 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, and recommended approval; and
WHEREAS, at their regular meeting on August 13, 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 "City of Aspen Commercial,
Lodging and Historic District Design Objectives and Guidelines" and approved the application
by a vote of 4 to 1.
RECEPTIONS,: 552426, 08/29/2008 at
10:31:47 AM,
1 OF 3. R $16.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval for Major Development (Final) for the property located
at 604 West Main Street, Lots Q, R and S, Block 24, City and Townsite of Aspen, Colorado, as
proposed with the following conditions;
1. The material for the car screen and the height shall be approved by Staff and motiitor
prior to purchase and installation.
2. A revised lighting plan and a reduced variety of fixtures shall be approved by Staff and
monitor prior to purchase and installation. The lighting fixtures on the Wylie house will
be different than the rest of the project.
3. The following variances are granted: A distance between buildings variance of three is
granted where approximately seven feet are provided between the Fifth Street (East
Office) building and the Main Street (West Office) building and ten feet are required; a
distance between buildings variance of two feet nine inches is granted where
approximately seven feet three inches are provided between the Fifth Street (East Office)
building and the Art Barn and ten feet are required.
4. Wooden windows will be used on the Wylie house.
5. During construction, staff and monitor will inspect the front gable end wall in the Wylie
house framing to determine an appropriate size for the proposed double hung window.
6. A detailed description of the Wylie porch restoration will be submitted for review and
approval by Staff and monitor prior to the issuance of a building permit. If available,
historic photographs of the Wylie House shall be used for the restoration.
7. Information on all venting locations and meter locations not described in the approved
drawings shall be provided for review and approval by staff and monitor when the
information is available.
8. There shall be no deviations from the exterior elevations as approved without first being
reviewed and approved by HPC staff and monitor, or the full board.
9. The development approvals granted herein shall constitute a site - specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site - specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public' of the approval of a site specific development
plan, and the creation of a vested property right, valid for a period of three (3) years,
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, pertaining to the following described property: 604 West Main Street.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
10. Applicant will study natural wood siding to see if paint would be more appropriate.
APPROVED BY THE COMMISSION at its regular meeting on the 13th day of August
2008. C�
Michael Hoffman, C it
Attest:
.eiWJ
Kathy S 'cldand, Chief Deputy Cler
Approved as to Form:
im True, Special Counsel
• EXHIBIT #4
SCHEDULE A- OWNER'S POLICY
CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER
4 PCT19415L3 May 17, 2005 @ 4:43 PM A75•Z024899
• 1. NAME OF INSURED:
•
604 WEST LLC
•
• 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
4
•
IN FEE SIMPLE
• 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
604 WEST LLC
•
• 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF , STATE OF
COLORADO AND IS DESCRIBED AS FOLLOWS:
•
• LOTS Q, R AND S,
BLOCK 24,
• CITY AND TOWNSITE OF ASPEN.
•
•
•
•
•
•
•
•
•
•
4
4
4
4
• Countersigned:
•
• U
4 Authorized officer or agent
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(970) 925- 1766/(970)- 925 -6527 FAX
4
4
4
4
4
1
1 •
1
1
SCHEDULE B- OWNERS
CASE NUMBER DATE OF POLICY POLICY NUMBER
PCT19415L3 May 17, 2005 @ 4:43 PM A75- Z024899
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Flights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records. 4
• 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Water rights, claims or title to water.
� I
1
6. Taxes for the year 2005 not yet due or payable.
7. Easements, rights of way and all matters as disclosed on Survey of subject property recorded November 29, 1999
in Plat Book 51 at Page 83.
8. Encroachments as shown on said property as shown on Survey by Louis H. Buettner dated October 12, 1999, as
recorded in Plat Book 51 at Page 83 as Reception No. 438052.
it
9
l
t
li
f
1
1 •
t
EXHIBIT #5
Ms. Sara Adams, Senior Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF VESTED RIGHTS FOR 604 WEST MAIN STREET
Dear Sara,
I hereby authorize Alan Richman Planning Services to act as my designated
representative with respect to the land use application being submitted to your office for
my property located at 604 West Main Street. Alan Richman is authorized to submit an
application to extend the vested rights previously granted for the re- development of this
property. He is also authorized to represent me in meetings with City staff and the City's
review bodies.
Should you have any need to contact me during the course of your review of this
application, you may contact me directly or you may do so through Alan Richman
Planning Services, whose address and telephone number are included in the
development application.
Sincerely,
Nefl D': arbank, Manager
604 West LLC
604 West Main Street
Aspen, Colorado 81611
920 -2899
EXHIBIT #6
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams,
(970) 429-2778 DATE: 03.15.10
PROJECT: 604 West Main Street
REPRESENTATIVE: Alan Richman, land planner
(970)920.1125
arichman @sopris.net
TYPE OF APPLICATION: Extension of Vested Rights
DESCRIPTION: History: The Historic Preservation Commission (HPC) passed Resolutions No. 43, Series of 2007
and No. 19, Series of 2008, on December 12, 2007 and August 13, 2008 respectively. HPC
approved a mixed use development of commercial and affordable housing on the landmark
property to include two new buildings and the rehabilitation of the two existing historic structures.
Demolition of two non - historic buildings, setback variances and the relocation of two historic
structures were approved. On April 1, 2008 the Planning and Zoning Commission granted Growth
Management approval for the new net leasable commercial space and affordable housing via
Resolution No. 15, Series of 2008. The Community Development Department issued a
Development Order on September 21, 2008 that is valid for three years, until September 21, 2011.
Proposal: The potential applicant is interested in extending the vested rights for the approved
development beyond the September 21, 2011 expiration date. City Council has the authority to
extend vested rights pursuant to Land Use Code Section 26.308.010.C. The application must
address the review criteria listed in Section 26.308.010.C.1.
PROCESS: Vested rights extension is a one step process at City Council. Public noticing is required for this
hearing.
Land Use Code Section(s) 26.304 Common Development Review Procedures
26.308 Vested Property Rights
Review by: Planning Staff, City Council.
Public Hearing: Yes, posting, mailing and publication.
Referral Agencies: none.
Planning Fees: $1,470 for 6 hours of staff time.
Referral Agency Fees: $0.
Total Deposit: $1,470.
To apply, submit the following information:
1. Proof of ownership with payment.
2. Signed fee agreement (all applications)
3. Completed City of Aspen application form (all applications).
4. Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and
telephone number of the representative authorized to act on behalf of the applicant.
5. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current
certificate from a title insurance company, or attomey licensed to practice in the State of Colorado, listing the names of all
owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
6. Total deposit for review of the application.
7. 8 Copies of the complete application packet and maps.
HPC =12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1/ea.; Planning Staff =1
8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
9. Site improvement survey including topography and vegetation showing the current status, including all easements and
vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This
requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not
to warrant a survey document.)
10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development
complies with the review standards relevant to the development application. Please include existing conditions as well as
proposed.
11. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for
a small fee. 920.5453
12. Copies of prior approvals.
13. Applications shall be provided in paper format (number of copies noted above) as well as the text only on a Compact Disk
(CD). Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. A 3 -D rendering of the design
proposal in SketchUp shall be included on the CD.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to
change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right.
V C
MEMORANDUM
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer 465--
RE: Second Reading of Ordinance #23, Series of 2010, 1102 Waters Avenue Historic
Landmark Designation, Historic Landmark Lot Split and Ordinance #48
Negotiation (continued from October 25, 2010)
DATE: November 8, 2010
SUMMARY: On October 25, 2010, ,
Council held a public hearing to discuss
landmark designation, a historic landmark
lot split, and preservation incentives for the fi
property located at 1102 Waters Avenue. `f ' '
The site contains a house which was
constructed by the Geary family in 1967
based on a design produced by Fritz
Benedict and marketed for construction
around the country by Ski Magazine. It is
identified on Ordinance #48, Series of 2007
as a "potential historic resource." _ _ - . _
In the process of negotiating appropriate - -` •
preservation incentives with the property
owner, Council drafted conditions which
were determined to be substantive enough to require that the full Council review the specific
language before voting on adoption.
The conditions of approval in the attached ordinance are agreeable to the applicant and
Community Development and have been reviewed for form by the City Attorney's Office. The
conditions are consistent with Staff and HPC's recommendations for this property, with the
exception of Condition 1, related to FAR. HPC recommended that no additions to the subject
historic house in the future (with all new construction contained in a detached new duplex.)
Council's direction on October 25 was to allow up to 250 square foot of FAR for the chalet, and
one TDR.
1
Conditions #7 and #8, related to requested fee waivers, are the other aspect of the negotiation that
generated revisions to the ordinance. Council proposed applying affordable housing mitigation
fees to just the FAR bonuses awarded to the property, so long as the property remains in the
family that has owned it since construction in the 1960s.
Council proposed a similar deferral option for Park Dedication fees.
RECOMMENDATION: Staff recommends Council approve Historic Landmark Designation
and Ordinance #48 negotiation as represented in the attached ordinance.
CITY MANAGER COMMENTS:
PROPOSED MOTION: "I move to adopt Ordinance #23, Series of 2010."
EXHIBITS:
Ordinance #23, Series of 2010
Please refer to Council's October 25, 2010 packet for the previous staff memo, exhibits and
application
2
ORDINANCE #23
(Series of 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING HISTORIC LANDMARK DESIGNATION, HISTORIC LANDMARK LOT
SPLIT, ESTABLISHMENT OF A HISTORIC TRANSFERABLE DEVELOPMENT
RIGHT, AND ORDINANCE #48, SERIES OF 2007 NEGOTIATIONS FOR
PRESERVATION OF POTENTIAL HISTORIC RESOURCES FOR THE PROPERTY
LOCATED AT 1102 WATERS AVENUE, LOT 14, CALDERWOOD SUBDIVISION,
CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737 - 182 -66 -001
WHEREAS, 1102 Waters Avenue, which is Lot 14, Calderwood Subdivision, City and
Townsite of Aspen, Colorado, is included on Exhibit A to Ordinance No. 48, Series of 2007, as a
potential historic resource. Said Ordinance is codified at Section 26.415.025 of the Municipal
Code and provides for a ninety day period during which Council may negotiate with the property
owner for a mutually acceptable agreement that preserves the resource; and
WHEREAS, the property owners, Susan Geary Griffin, Bonnie Geary Grenney, and William
Scott Geary (collectively "the applicant "), represented by Haas Land Planning, LLC, have
voluntarily applied for Historic Landmark Designation, Historic Landmark Lot Split, and
preservation incentives; and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "the Community Development Director shall confer with the
Historic Preservation Commission, during a public meeting, regarding the proposed building
permit and the nature of the Potential Historic Resource. The property owner shall be provided
notice of this meeting with the Historic Preservation Commission;" and
WHEREAS, the property owners' representative met with the Historic Preservation
Commission (the HPC) on September 22, 2010; and
WHEREAS, at their regular meeting on September 22, 2010, the Historic Preservation
Commission considered the application and recommended City Council ( "Council ") approval of
Historic Landmark Designation, a Historic Landmark Lot Split, building envelopes and related
setback and Stream Margin variances, on -Site Parking variances and fee waivers with conditions
as stated in HPC Resolution #11, Series of 2010; and
WHEREAS, Section 26.415.025(E) of the Municipal Code states that, during the negotiation
period set forth in the Code, "the Community Development Director shall confer with the City
Council regarding the proposed building permit, the nature of the Potential Historic Resource,
and the staff and Historic Preservation Commission's assessment of the Resource and the effects
of the building permit upon the Resource. The property owner shall be provided notice of this
meeting with the City Council "; and
1 102 Waters Avenue
Ordinance #23, Series of 2010
Page 1 of 8
WHEREAS, the property owners' representative met with City Council during a duly noticed
public hearing on October 25, 2010; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if City Council, after a recommendation from
the HPC, determines sufficient evidence exists that the property meets the criteria; and
WHEREAS, for City Council approval of a Historic Landmark Lot Split, the applicant shall
meet the requirements of Aspen Municipal Code Sections 26.480.030(A)(2) and (4),
26.470.070(C), and 26.415.010(D.), which are as follows:
26.480.030(A)(2), Subdivision Exemptions, Lot Split
The split of a lot for the purpose of the development of one detached single - family dwelling
on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the
following conditions are met:
a) The land is not located in a subdivision approved by either the Pitkin County Board
of County Commissioners or the City Council, or the land is described as a metes
and bounds parcel which has not been subdivided after the adoption of subdivision
regulations by the City of Aspen on March 24, 1969; and
b) No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.040(A)(1)(c ).
c) The lot under consideration, or any part thereof, was not previously the subject of a
subdivision exemption under the provisions of this chapter or a "lot split"
exemption pursuant to Section 26.100.040(C)(1)(a); and
d) A subdivision plat which meets the terms of this chapter, and conforms to the
requirements of this title, is submitted and recorded in the office of the Pitkin
County clerk and recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this chapter and growth management allocation
pursuant to Chapter 26.100.
e) Recordation. The subdivision exemption agreement and plat shall be recorded in
the office of the Pitkin County clerk and recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of the
plat by the City Council will be required for a showing of good cause.
f) In the case where an existing single- family dwelling occupies a site which is eligible
for a lot split, the dwelling need not be demolished prior to application for a lot split.
g) Maximum potential buildout for the two (2) parcels created by a lot split shall not
exceed three (3) units, which may be composed of a duplex and a single - family
home; and
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 2 of 8
26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single - family dwelling may receive a subdivision
exemption if it meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square feet in size
and be located in the R -6, R -15, R -15A, RMF, or MU (formerly 0) zone district.
b. The total FAR for both residences shall be established by the size of the parcel and
the zone district where the property is located. The total FAR for each lot shall be
noted on the Subdivision Exemption Plat.
In the Mixed Use (formerly Office) zone district, the following shall apply to the
calculation of maximum floor area for lots created through the historic landmark
lot split. Note that the total FAR shall not be stated on the Subdivision Exemption
Plat because the floor area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use,
the maximum floor area will be as stated in the R -6 zone district.
If any portion of a building on a lot created by the historic landmark lot split is in
commercial /office use, then the allowed floor area for that lot shall be the floor area
allowed for all uses other than residential in the zone district. If the adjacent parcel
created by the lot split remains wholly in residential use, then the floor area on that
parcel shall be limited to the maximum allowed on a lot of its size for residential use
according to the R -6 standards.
If there is commercial /office use on both newly created lots, the maximum floor
area for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements of the underlying
zone district. The variances provided in Section 26.415.120(B)(1)(a),(b), and (c) are
only permitted on the parcels that will contains a historic structure. The FAR
bonus will be applied to the maximum FAR allowed on the original parcel; and
26.470.070(C), GMQS Exemption, Historic Landmark Lot Split
The construction of each new single - family dwelling on a lot created through review and
approval of a Historic Landmark Lot Split shall be exempt from the scoring and competition
procedures. The exemption is to be approved by the Community Development Director, but
is not to be deducted from the respective annual development allotments or from the
development ceilings; and
26.415.010(D), Historic Landmark Lot Split
A Historic Landmark Lot Split is a two step review, requiring a public hearing before HPC
and before City Council; and
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 3 of 8
WHEREAS, in addition to Historic Landmark Designation and Historic Landmark Lot Split, the
applicant has identified preservation incentives that are requested as part of the negotiation
process. Those incentives include the establishment of building envelopes, within which all
construction activity would be confined. The building envelopes would replace and supersede
the otherwise required setbacks and replace the need for further Stream Margin review. The
applicant requests that allowable floor area be calculated as if the newly created parcels were pre-
existing lots of record. The applicant requests waiver of on -site parking requirements, waiver of
Park Development Fees and Affordable Housing Mitigation /Cash -In -Lieu of ADU Fees, and a
vested property rights period of 10 years; and
WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff reports to the Historic
Preservation Commission and City Council, performed an analysis of the application, found that
the review standards for Historic Landmark Designation, Historic Landmark Lot Split, Setback
variances and On -Site Parking variances had been met, and recommended approval. The staff
report also addressed the proposed preservation incentives, the granting of which are at the
discretion of Council; and
WHEREAS, at their regular meeting on September 22, 2010, the Historic Preservation
Commission considered the application for Historic Landmark Designation, Historic Landmark
Lot Split, Setback variances and On -Site Parking variances, found the application was consistent
with the review standards and unanimously recommended Council approval by a vote of seven to
zero (7 to 0), with conditions. The HPC also discussed and clarified their recommendations to
Council regarding incentives being negotiated through Ordinance #48, Series of 2007; and
WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development
standards and that the approval of the development proposal is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Historic Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Aspen City Council hereby approves Historic Designation for 1102 Waters Avenue, Lot 14,
Calderwood Subdivision, City and Townsite of Aspen, Colorado.
Section 2: Subdivision Exemption
Pursuant to Sections 26.480.030(A)(2) and (4), 26.470.070(C), and 26.415.110(A) of the
Municipal Code, and subject to those conditions of approval as specified herein, the City Council
finds as follows and hereby approves the subdivision exemption for a Historic Landmark Lot
Split:
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 4of8
1. The applicant's submission is complete and sufficient to afford review and evaluation for
approval; and
2. The subdivision exemption is consistent with the purposes of subdivision as outlined in
Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and
efficient development of the City; ensure the proper distribution of development;
encourage the well - planned subdivision of land by establishing standards for the design of
a subdivision; improve land records and survey monuments by establishing standards for
surveys and plats; coordinate the construction of public facilities with the need for public
facilities; safeguard the interests of the public and the subdivider and provide consumer
protection for the purchaser; acquire and ensure the maintenance of public open spaces
and parks, provide procedures so that development encourages the preservation of
important and unique natural or scenic features, including but not limited to mature trees
or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers
and other bodies of water, and, promote the health, safety and general welfare of the
residents of the City of Aspen.
Section 3: Subdivision Plat
Within 180 days of this final approval by City Council, or as otherwise extended pursuant to
Section 26.480.070.E of the Municipal Code, and prior to applying for a Building Permit, the
applicant shall record a Subdivision Exemption Plat. The Subdivision Exemption Plat shall
comply with current requirements of the City Community Development Department. At a
minimum, the plat shall:
1. Meet the requirements of Section 26.480 of the Aspen Municipal Code.
2. Depict any easements and signature blocks for utility mains not administered by the City of
Aspen.
3. Contain a plat note stating that no further subdivision may be granted for these lots nor
will additional units be built without receipt of applicable approvals pursuant to the
provisions of the Land Use Code in effect at the time of application.
4. Depict the approved building envelopes and allowable FAR assigned to each lot.
5.. Clarify that all development will be contained within the building envelopes as such are
regulated under the Municipal Code. Nothing other than approved plant materials and
landscaping may be installed in the landscape envelope.
Section 4: Subdivision Agreement and Ordinance #48, Series of 2007 Negotiation
Within 180 days of this final approval by City Council, or as otherwise extended pursuant to
Section 26.480.070.F, of the Municipal Code, and prior to applying for a Building Permit, the
applicant shall record a Subdivision Exemption Agreement acknowledging the following land
use entitlements granted by City Council., conditioned upon the voluntary landmark designation
of 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and Townsite of Aspen,
Colorado:
1. Lot 1, which contains the historic resource, shall be assigned a maximum FAR of 1,220
square feet, after accounting for 250 square feet which has been removed from the
property through the establishment and issuance of one Transferable Development Right
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 5 of 8
( "TDR "). Any expansion of the existing house shall be subject to Historic Preservation
Commission review and shall not affect the south/front facade of the house. This
condition shall be noted on the Subdivision Exemption Plat.
2. Upon recordation of the Subdivision Exemption Agreement and Plat, the City shall issue
to the applicant one fully executed Historic Transferable Development Right.
3. Lot 2, which will be developed with a duplex shall be assigned a maximum FAR of 2,975
square feet. If developed with a detached single - family home, the maximum allowable
FAR shall be 2,656 square feet. The applicant is eligible to apply for a 500 square foot
FAR bonus from HPC in the future. This condition shall be noted on the Subdivision
Exemption Plat.
4. Total allowable FAR of the fathering (unsubdivided) parcel is 3,763 square feet, after
slope reduction. Council hereby waives a portion of the slope reduction penalty so that
the total allowable FAR is 4,445 square feet as described in conditions 1 and 2 of this
Section 4, above.
5. Council hereby approves the proposed building envelopes and the associated setback
waivers and Stream Margin Review exemptions that run with the envelopes. These
envelopes replace and supersede otherwise applicable setback requirements, including
those associated with Stream Margin Review, for each of the lots. Similarly,
development within the envelopes shall not be subject to any Stream Margin Review
associated progressive height limits.
6. Council hereby affirms HPC's waiver of all on -site parking requirements for the future
development of Lot 2; this condition shall not be construed to preclude provision of on-
site parking.
7. Council hereby reduces all applicable Affordable Housing fees such that cash -in -lieu of
an ADU shall be paid only for the 682 square feet of FAR bonus that has been awarded
above and beyond the 3,763 square feet of FAR that is allowed by -right for the
existing /fathering parcel. The affordable housing fee reduction will only apply if Susan
Geary Griffin, Bonnie Geary Grenney, or William Scott Geary are the owner(s) of record
for the unit which is the subject of a building permit that is subject to Affordable Housing
fees; otherwise, the fees will be paid in accordance with the then current regulations.
Deferral of these fees may be permitted in accordance with the regulations in effect at the
time of building permit submission.
8. Council hereby approves the deferral of Park Development Impact fees, which shall be
paid in full at the rate in effect at the time that a unit(s) is sold to any person or entity
other than and ( ?) not associated with Susan Geary Griffin, Bonnie Geary Grenney, or
William Scott Geary. Upon issuance of a building permit, a deferral agreement shall be
recorded with the Pitkin County Clerk and Recorder.
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 6 of 8
Section 5: 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 6: 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 7: Vested Rights
The Land Use entitlements granted herein shall be vested for a period of five (5) years from the date
of issuance of a development order. However, any failure to abide by any of the terms and
conditions attendant to this approval shall result in the forfeiture of said vested property rights.
Unless otherwise exempted or extended, failure to properly record all plats and agreements
required to be recorded, as specified herein, within 180 days of the effective date of the
development order shall also result in the forfeiture of said vested property rights and shall render
the development order void within the meaning of Section 26.104.050 (Void permits). Zoning
that is not part of the approved site- specific development plan shall not result in the creation of a
vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain
a development order as set forth in this Ordinance, including Final Major Development and
Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper
of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising
the general public of the approval of a site specific development plan and creation of a vested
property right pursuant to this Title. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific development plan, and
the creation of a vested property right, valid for a period of five (5) years, pursuant to the Land Use
Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: 1102 Waters Avenue, Lot 14, Calderwood Subdivision, City and
Townsite of Aspen, Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules, regulations and ordinances or the City of
Aspen provided that such reviews and approvals are not inconsistent with this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial review; the
period of time permitted by law for the exercise of such rights shall not begin to run until the date
of publication of the notice of final development approval as required under Section
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 7 of 8
26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado
Constitution and the Aspen Home Rule Charter.
Section 8: Public Hearing
A public hearing on the ordinance shall be held on the 25 day of October, 2010 in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the day of _ , 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of _ , 2010.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
1102 Waters Avenue
Ordinance #23, Series of 2010
Page 8 of 8
MEMORANDUM i i 1 4
TO: Mayor Ireland and Aspen City Council
N A THRU: Chris Bendon, Community Development Director
FROM: Drew Alexander, Planner • DA
RE: Land Use Code Amendments — Ordinance No. 17, Series 2010 — Second Reading
Sign Code (continued from October 25` 2010)
MEETING
DATE: November 8 2010
SUMMARY:
Community Development Staff has used the feedback from the City Council meeting on October
25 to further amend the Sign Code. At the conclusion of the previous hearing, Staff was
directed to make additional changes to various sections of the draft. These sections included
political signs, window wraps, the grandfather clause, and numerous other changes to add clarity.
As presented before, all amendments in the ordinance are highlighted with red text.
The grandfather clause was amending to reflect Council's recommendation; however Staff
amended their recommendation so both are included. Staff's suggests that the timeframe to
receive a building permit for existing signage be extended to December 15 2011. Council's
recommendation (Option B) states that all signs in place upon adoption, regardless of whether
the business receives a permit or not, become legally established. Staff has a concern that Option
B will be difficult to implement and track. Also, Option B may create a negative precedent of
non - compliance with the City's Land Use Code.
Staff recommends the Council adopt the proposed code amendments.
APPLICANT:
City of Aspen
PREVIOUS ACTION:
The Planning and Zoning Commission approved Resolution No. 10, Series of 2010,
recommending approval for the proposed amendments to the Sign Code. Work sessions
have been held with CCLC, and ACRA. Community Development has hosted two open
houses at City Hall for those interested in the Sign Code draft.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Planning and Zoning
Commission shall recommend by Resolution the City Council to approve, approve with
conditions, or deny the application. City Council is the final review authority.
RECOMMENDATION:
Staff recommends the City Council approve the City - initiated amendments to the Sign
Code as described in Ordinance 17, Series of 2010.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to approve Ordinance No. 17, Series of 2010."
ATTACHMENTS:
Exhibit A — Existing text for Sign Code (provided at First Reading)
Exhibit B — Proposed text for Sign Code, included in Ordinance No. 17, Series of 2010
Exhibit C — P &Z Resolution No 10, Series of 2010 (provided previously)
Exhibit D — Research and meetings summary (provided previously)
Exhibit E — Sign Code Options Guide (provided previously)
Exhibit F — Sandwich Board Sign Location Map and descriptions (provided previously)
Exhibit G — Sign Code Enforcement Letter (provided previously)
Page 2 of 2
EMI irs '
ORDINANCE NO. 17
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO THE FOLLOWING SECTION
OF THE CITY OF ASPEN LAND USE CODE: 26.510
WHEREAS, the Community Development Director of the City of Aspen
initiated an application proposing amendments to the Land Use Code, pursuant to
Chapter 26.210; and,
WHEREAS, the amendments requested relate to Section 26.510, Sign Code, of
the Land Use Code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Director recommended approval of amendments to the above
listed Sections as further described herein; and,
WHEREAS, the Planning and Zoning Commission held a duly noticed public
hearing to consider the proposed amendments described herein on May 4, 2010, took and
considered public testimony and the recommendation of the Director and recommended,
by a 6 - 0 vote, City Council adopt the proposed amendments.
WHEREAS, during duly noticed public hearings on September 27 October
25 and November 8 2010, the City Council took public testimony, considered
pertinent recommendations from the Community Development Director, referral agencies,
Planning and Zoning Commission, and considered the development proposal under the
applicable provisions of the Municipal Code as identified herein; 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 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, COLORADO, THAT:
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 1
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the City of Aspen City Council hereby
approves the amendments to Section 26.510, Sign, which section defines, describes,
authorizes, and regulates the process for placing a sign within the City of Aspen to read
as follows:
Chapter 26.510
SIGNS
Sec. 26.510.010 Purpose
Sec. 26.510.020 Applicability and scope
Sec. 26.510.030 Procedure for sign permit approval
Sec. 26.510.040 Prohibited signs
Sec. 26.510.050 Sign setback
Sec. 26.510.060 Sign measurement and location
Sec. 26.510.070 Sign illumination
Sec. 26.510.080 Sign lettering, logos and graphic designs
Sec. 26.510.090 Sign types and structural characteristics
Sec. 26.510.100 Signage allotment
Sec. 26.510.110 Sign restrictions for use categories
Sec. 26.510.120 Window displays, window wraps, and interior signage
Sec. 26.510.130 Signage in place prior to the adoption of Ordinance No. 17, 2010
Sec. 26.510.140 Signs on public property
26.510.010. PURPOSE.
The purpose of this Chapter is to promote the public health, safety and welfare through a
comprehensive system of reasonable, effective, consistent, content - neutral and
nondiscriminatory sign standards and requirements.
Toward this end, the City Council finds that the City is an historic mountain resort
community that has traditionally depended on a tourist economy. Tourists, in part, are
attracted to the visual quality and character of the City. Signage has a significant impact
on the visual character and quality of the City.
The proliferation of signs in the City would result in visual blight and unattractiveness
and would convey an image that is inconsistent with a high quality resort environment.
Effective sign control has preserved and enhanced the visual character of other resort
communities in Colorado and other states. The City must compete with many other
Colorado, national and international resort communities for tourism opportunities.
In order to preserve the City as a desirable community in which to live, vacation and
conduct business, a pleasing, visually attractive environment is of foremost importance.
These sign regulations are intended to:
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 2
A. Preserve and maintain the City as a pleasing, visually attractive environment.
B. Enhance the attractiveness and economic well -being of the City as a place to live,
vacation and conduct business.
c. Address community needs relating to upgrading the quality of the tourist
experience, preserving the unique natural environment, preserving and enhancing
the high quality human existence, retaining the City's premier status in an
increasingly competitive resort market, preserving the historically and
architecturally unique character of the City, fostering the "village style" quality of
the City and preserving and enhancing scenic views.
D. Enable the identification of places of residence and business.
E. Allow for the communication of information necessary for the conduct of
commerce.
F. Encourage signs that are appropriate to the zone district in which they are located
and consistent with the category of use to which they pertain.
G. Permit signs that are compatible with their surroundings and aid orientation and
preclude placement in a manner that conceals or obstructs adjacent land uses or
signs.
H. Preclude signs from conflicting with the principal permitted use of the site or
adjoining sites.
I. Curtail the size and number of signs and sign messages to the minimum
reasonably necessary to identify a residential or business location and the nature
of any such business.
J. Protect the public from the dangers of unsafe signs and require signs to be
constructed, installed and maintained in a safe and satisfactory manner.
K. Lessen hazardous situations, confusion and visual clutter caused by proliferation,
improper placement, illumination, animation and excessive height, area and bulk
of signs which compete for the attention of pedestrian and vehicular traffic.
L. Regulate signs in a manner so as to not interfere with, obstruct vision of or
distract motorists, bicyclists or pedestrians.
26.510.020. APPLICABILITY AND SCOPE.
This Chapter shall apply to all signs of whatever nature and wherever located within the
City except for the Aspen Highlands Village PUD. Sign regulations for Aspen Highlands
Village PUD were approved as City Council Ordinance 43, Series of 2003. No sign shall
be allowed except as permitted by this Chapter.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 3
26.510.030. PROCEDURE FOR SIGN PERMIT APPROVAL.
A. Permit required. It shall be unlawful to erect, place, construct, reconstruct or relocate
any sign without first obtaining a sign permit from the Chief Building Official.
B. Signs not requiring a permit. Ordinary preventive maintenance including repainting
of a lawfully existing sign, which does not involve a change of placement, size, lighting,
color or height is exempt from having to obtain a permit. Also, the following signs or
sign activities shall be exempt from obtaining a sign permit. Exemptions shall not be
construed as relieving the applicant and owner of the sign from the responsibility of
complying with all applicable provisions of this Title. The exemption shall apply to the
requirement for a sign permit under this Section.
1. Banners, pennants, streamers and balloons and other gas -filled figures.
Temporary banners, pennants, streamers, balloons and inflatables shall be
permitted per Section 26.510.140, policies regarding signage on public property.
Non - permanent Streamers, pennants, and balloons shall be permitted in
association with a retail special event or sale of limited duration not exceeding
fourteen (14) days.
2. Construction signs. One (1) freestanding or wall sign along each lot line frontage
on a street for a site under construction not to exceed a total of two (2) signs per
site, which do not exceed six (6) square feet in area per sign, which are not
illuminated and which identify individuals or companies involved in designing,
constructing, financing or developing a site under construction. Such signs may
be erected and maintained only for a period not to exceed thirty (30) days prior to
commencement of construction and shall be removed within fourteen (14) days of
termination of construction. A graphic design painted on a construction barricade
shall be permitted in addition to such signs, provided it does not identify or
advertise a person, product, service or business.
3. Designated public posting signs - Signs such as concert announcements, special
event notifications, and grand openings can be placed on designated public
posting areas such as the ACRA kiosk adjacent to the pedestrian mall.
4. Directional, instructional, or courtesy signs. Signs, not exceeding one and one
quarter (1.25) square feet in area, which provide direction or instruction to guide
persons to facilities intended to serve the public as required by law or necessity.
Such signs include those identifying restrooms, public telephones, public
walkways, public entrances, freight entrances, accessibility routes, restrictions on
smoking or solicitation, delivery or freight entrances, affiliation with motor clubs,
acceptance of designated credit cards and other similar signs providing direction
or instruction to persons using a facility including courtesy information such as
"vacancy," "no vacancy," "open," "closed," and the like. Advertising material of
any kind is strictly prohibited on directional, instructional, or courtesy signs.
5. Fine art. Works of fine art which in no way identify or advertise a person,
product, service or business.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 4
6. Flags. Flags, emblems and insignia of political or religious organizations
providing such flags, emblems and insignia are displayed for noncommercial
purposes.
7. Garage, estate, yard sale or auction signs. On -site or off -site signs which
advertise a private garage, estate, yard sale or auction provided such signs are
displayed no more than twice per year per residence for a period not to exceed
three days. Sign must be removed at the conclusion of the event.
8. Government signs. Signs placed or erected by governmental agencies or
nonprofit civic associations for a public purpose in the public interest, for control
of traffic and for other regulatory or informational purposes, street signs, official
messages, warning signs, railroad crossing signs, signs of public service
companies indicating danger, or aids to service and safety which are erected by or
for the order of government.
9. Historic designation. Signs placed on or in front of a historic building or site
identifying and providing information about a property listed on the Aspen
Inventory of Historic Landmark Sites and Structures or the National Register of
Historic Sites, which sign shall not exceed six (6) square feet in area, as approved
by the Historic Preservation Officer.
10. Holiday decorations. Noncommercial signs or other materials temporarily
displayed on traditionally accepted civic, patriotic and/or religious holidays,
provided that such decorations are maintained in safe condition, do not constitute
a fire hazard and that the decorations comply with Section 26.575.150, Outdoor
lighting.
11. Incidental signs on vehicles. Signs placed on or affixed to vehicles or trailers
where the sign is incidental to the primary use of the vehicle or trailer. This is in
no way intended to permit signs placed on or affixed to vehicles or trailers which
are parked on a public right -of -way, public property or private property so as to
be visible from a public right -of -way where the apparent purpose is to advertise a
product, service or activity or direct people to a business or activity located on the
same or nearby property.
12. Interior signs. Signs which are fully located within an enclosed lobby or
courtyard of any building, which are not visible from the public right -of -way,
adjacent lots or areas outside the building. Also see section 26.510.120.
13. Memorial signs. Memorial plaques or tablets, grave markers, statuary declaring
names of buildings and date of erection when cut into any masonry surface or
when constructed of bronze or other incombustible materials or other
remembrances of persons or events that are noncommercial in nature.
14. Menu signs boxes. An exterior surface mounted or pole mounted sign box which
advertises and/or identifies a restaurant menu, drinks or foods offered or special
activities incidental to drink and food. One (1) sign per use, with an area not to
exceed four (4) square feet, with a height not to exceed the eave lines or parapet
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 5
wall of that portion of the principal building in which the use to which the sign
applies is located, and which is located on or in front of the building within which
the restaurant is located.
15. Movie theater and performance venue signs. Signs not to exceed thirty inches by
forty -two inches (30" x 42 "), located within the inner or outer lobby, court or
entrance, window display, or interior or exterior poster box of a theatre or
performance venue. These signs are limited to conveying information regarding
movie, theater, music, or other similar artistic performances or events and shall
not be used for unrelated commercial content. Variable message displays,
televisions, or other forms of digital marquees which may be incidentally visible
from the exterior may be used. Only one variable message display, television, or
similar digital marquee may be designed to be visible exclusively from the
exterior provided it is limited to a thirty -two (32) inch or smaller screen and shall
not contain commercial content unrelated to the advertised events and provided
that it is not mounted on the exterior of the building.
16. Political Signs. Political signs announcing political candidates seeking public
office, political parties or political and public issues shall be permitted provided:
a. All such sign may be erected no sooner than ninety (90) days in advance
of the election for which they were made.
b. All such signs shall be removed no later than seven (7) days after the
election for which they were made.
c. Political signs may not be placed on publicly owned property, rights -of- '
way adjacent to public property, or within the State Highway 82 traffic
way including the round -a -bout and traffic islands. Political signs carried
or worn by a person are exempt from these limitations.
d. Area: No political sign for any one candidate or issue shall exceed eight
(8) square feet in area. This does not preclude multiple signs on one
property.
17. Property management/Timeshare identification signs. A building may have one
sign with an area not exceeding two (2) square feet identifying the name and
phone number of a contact person or management entity for the property and
stating that it has been approved. Multi- Family buildings may have up to one (1)
sign per ten (10) residential units. A building that is approved for exempt
timesharing, pursuant to Section 26.590.030, Exempt timesharing, may have a
wall - mounted sign with an area not exceeding two (2) square feet, stating that it has
been approved for timesharing and identifying the name and phone number of a
contact person or management entity for the property.
18. Public notices. Official government notices and legal notices.
19. Practical purpose signs. Practical signs erected on private property, such as lost
property signs, cautionary or "beware" signs, wedding announcements,
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 6
graduation celebrations, and other signs announcing a special events or functions
which do not exceed two (2) square feet and limited to one (1) per building facade
or property frontage, as applicable.
20. Real estate for sale or rent sign. Real estate signs advertising the sale or rental of
the property upon which the sign is located, provided:
a. Type. A real estate for sale or rent sign shall be a freestanding or wall
sign.
b. Number. There shall not be more than one (1) real estate for sale or rent
sign per unit.
c. Area. The area of the temporary sign shall not exceed three (3) square
feet. When multiple units are available, the area may be combined, but no
one property shall have more than twelve (12) square feet of signage
announcing the sale or rental of units.
d. Height. The height of the temporary sign shall not exceed five (5) feet as
measured from the grade at the base of the sign.
e. Duration. The temporary sign may be used as long as the property is
actively for sale or rent but must be removed within seven (7) days of the
sale or rental of the real estate upon which the sign is located
f. Location - Real estate for sale or rent signs must be placed on private
property or on rights of way adjacent to private property and not located
on public property. Real estate signs placed in the public right -of -way
shall be subject to removal or relocation by the Engineering Department.
21. Real estate photo boxes. Real estate offices may place descriptive images of
property that is currently for sale in storefront windows or on an exterior wall.
a. Area. Not to exceed 25% of the window surface area. Photo boxes not
placed in a window shall be limited to an area of six (6) square feet. Any
individual image with description shall not exceed one (1) square foot in
area.
22. Regulatory signs. Regulatory signs erected on private property, such as "no
trespassing," which do not exceed two (2) square feet and limited to one (1) per
building facade or property frontage, as applicable.
23. Religious symbols. Religious symbols located on a building or property used for
organized religious services.
24. Residential name and address signs. Detached residential dwelling units and
duplex units may have wall or freestanding signs on or in front of the building or
portion thereof to identify the street address and /or names of the occupants or
name of the dwelling unit. The area of the sign is not to exceed two (2) square
feet per dwelling unit. For mobile home parks, subdivision entrances, and multi -
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 7
family housing, see the requirements found in Section 26.510.110.A, Residential
Use Signs.
25. Street addresses on mailboxes.
26. Sandwich board signs carried by a person. Temporary sandwich board signs
which are carried by a person and are advertising or identifying a special, unique
or limited activity, service, product or sale of a limited duration or identifying a
restaurant menu. There shall not be more than one (1) such temporary sign per
use at any one time. Sign must not exceed six (6) square feet per side.
27. Security signs. Every parcel may display security signs not to exceed an area of
six inches wide by six inches long (6" x 6 "). Security signs may contain a
message, logo or symbol alerting the public to the presence of a security system
on the premises. Security signs shall be of a neutral color. Security signs may not
be placed in the City right -of -way.
28. Temporary food vending signs. The food vending permit must include details of the
intended signage including size, material and location.
29. Temporary sale signs and going- out -of- business signs. Going- out -of- business
signs and temporary sale signs, announcing special sales of products and services,
shall be subject to the following:
a. Type. The sign(s) shall be placed in the window or windows of the
business holding the sale.
b. Number. There shall be permitted not more than one (1) temporary
sign(s) in any window and a total of not more than three (3) temporary
signs for each use.
c. Area. Each temporary sign shall not exceed three (3) square feet.
d. Duration. Temporary signs may be maintained for a period not to exceed
ten (10) days and shall be removed at the end of the tenth (10th) day or on
the day following the end of the sale, whichever shall occur first and shall
not be replaced for fourteen (14) days following the removal of the
sign(s).
30. Vending machine signs. Permanent, potentially internally illuminated but non-
flashing signs on vending machines, gasoline pumps, ice or milk containers or
other similar machines indicating only the contents of such devices, the pricing of
the contents contained within, directional or instructional information as to use
and other similar information. Vending machine signs that are internally
illuminated must be located inside of a building or in a space that is not visible
from the public right -of -way.
C. Application. A development application for a sign permit shall include the following
information:
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 8
1
1. That information required on the form provided by the Community Development
Director;
2. A letter of consent from the owner of the building;
3. Proposed location of the sign on the building or parcel and material;
4. The dimensions, measurements and calculations of building frontages — when
applicable; information needed to calculate permitted sign area, height, type,
placement or other requirements of these regulations.
D. Determination of completeness. After a development application for a sign permit
has been received, the Community Development Director shall determine whether the
application is complete. If the Community Development Director determines that the
application is not complete, written notice shall be served on the applicant specifying the
deficiencies. The Community Development Director shall take no further action on the
application unless the deficiencies are remedied. If the application is determined
complete, the Community Development Director shall notify the applicant of its
completeness. A determination of completeness shall not constitute a determination of
compliance with the substantive requirements of this Chapter.
E. Determination of compliance. After reviewing the application and determining its
compliance and consistency with the purposes, requirements and standards in this
Chapter, the Community Development Director shall approve, approve with conditions or
deny the development application for a sign permit.
26.510.040. PROHIBITED SIGNS.
The following signs are expressly prohibited for erection, construction, repair, alteration,
relocation or placement in the City.
A. "A "frame, sandwich board and sidewalk or curb signs except as allowed per the
table under Sec. 26.510.110.D.
B. Permanent Banners and pennants used for commercial purposes not associated with
a special event approved by the Special Events Committee approval per Section
26.510.140.
C. Billboards and other off - premise signs. Billboards and other off - premise signs,
including security company signs which do not comply with the regulations set forth in
this Title and signs on benches, are prohibited, except as a temporary sign as provided for
in Section 26.510.030(B), Signs Not Requiring a Permit.
D. Flashing signs. Signs with lights or illuminations which flash, move, rotate,
scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electrical
pulsations except as permitted per Section 26.575.150, Outdoor lighting.
E. Moving signs. Electronically controlled copy changes, or any other signs that move
or use movement to emphasize text or images shall be prohibited. Objects independent
of a sign or objects on a sign that move, rotate, or revolve and do not include text or
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 9
images shall be permitted (also see Television monitors under Section 26.510.040.S and
Sign illumination under Section 26.510.070).
F. Neon and other gas - filled light tubes. Neon lights, televisions used for advertising
or information and other gas - filled light tubes, except when used for indirect illumination
and in such a manner as to not be directly exposed to public view.
G. Obsolete signs. A sign which identifies or advertises an activity, business, product,
service or special event no longer produced, conducted, performed or sold on the
premises upon which such sign is located. Such obsolete signs are hereby declared a
nuisance and shall be taken down by the owner, agent or person having the beneficial use
of such sign within ten (10) days after written notification from the Community
Development Director and upon failure to comply with such notice within the time
specified in such order, the Community Development Director is hereby authorized to
cause removal of such sign and any expense incident thereto shall be paid by the owner
of the property on which the sign was located. That an obsolete sign is nonconforming
shall not modify any of the requirements of this Subsection. Signs of historical character
shall not be subject to the provisions of this Section. For the purpose of this Section,
historical signs are defined to be those signs at least fifty (50) years in age or older.
H. Portable and wheeled signs except as allowed per the table under Sec.
26.510.110.D.1.
1 1. Roof signs.
J. Search lights or beacons except as approved per Subsection 26.575.150.H, Outdoor
lighting, Exemptions.
K. Signs causing direct glare. A sign or illumination that causes any direct glare into or
upon any public right -of -way, adjacent lot or building other than the building to which
the sign may be accessory.
L. Signs containing untruthful or misleading information.
M. Signs creating optical illusion. Signs with optical illusion of movement by means of
a design which presents a pattern capable of reversible perspective, giving the illusion of
motion or changing of copy.
N. Signs obstructing egress. A sign which obstructs any window or door opening used
as a means of ingress or egress, prevents free passage from one part of a roof to any other
part, interferes with an opening required for ventilation or is attached to or obstructs any
standpipe, fire escape or fire hydrant.
O. Signs on parked vehicles. Signs placed on or affixed to vehicles and/or trailers,
including bicycles, which are parked on a public right -of -way, public property or private
property so as to be visible from a public right -of -way where the apparent purpose is to
advertise a product, service or activity or direct people to a business or activity located on
the same or nearby property. However, this is not in any way intended to prohibit signs
placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where
the sign is incidental to the primary use of the vehicle or trailer.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 10
P. Signs in public right -of way. A sign in, on, or above a public right -of -way that in
any way interferes with normal or emergency use of that right -of -way. Any sign allowed
in a public right -of -way may be ordered removed by the Community Development
Director upon notice if the normal or emergency use of that right -of -way is changed to
require its removal.
Q. Street blimps. . Parked or traveling cars used primarily for advertising, sometimes
referred to as "street blimps," are prohibited. Vehicle signage incidental to the vehicle's
primary use is exempt.
R. Strings of light and strip lighting. Strip lighting outlining commercial structures and
used to attract attention for commercial purposes and strings of light bulbs used in any
connection with commercial premises unless the lights shall be shielded and comply with
Section 26.575.150, Outdoor lighting.
S. Television Monitors. Television monitors, or any other electronic device that emits
an image onto a screen, displaying commercial content unrelated to the store or business,
shall be prohibited. Television monitors displaying related commercial content on a
screen of thirty -two (32) inches or less in size that are placed at least fifteen (15) feet
from the storefront window, and monitors displaying related commercial content installed
perpendicular to the public right -of -way shall be permitted. Television monitors
displaying non - commercial content, such as news, sporting events, and weather forecasts
shall be permitted within fifteen feet of the storefront provided that they are not directly
oriented towards the public right -of -way and are not more than thirty -two (32) inches in
size.
T. Unsafe signs. Any sign which:
1. Is structurally unsafe;
2. Constitutes a hazard to safety or health by reason of inadequate maintenance or
dilapidation;
3. Is not kept in good repair;
4. Is capable of causing electrical shocks to persons likely to come into contact with
it;
5. In any other way obstructs the view of, may be confused with or purports to be an
official traffic sign, signal or device or any other official government regulatory
or informational sign;
6. Uses any words, phrases, symbols or characters implying the need for stopping or
maneuvering of a motor vehicle or creates, in any other way, an unsafe distraction
for vehicle operators or pedestrians;
7. Obstructs the view of vehicle operators or pedestrians entering a public roadway
from any parking area, service drive, public driveway, alley or other thoroughfare;
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 11
1
8. Is located on trees, rocks, light poles or utility poles, except where required by
law; or
9. Is located so as to conflict with the clear and open view of devices placed by a
public agency for controlling traffic or which obstructs a motorist's clear view of
an intersecting road, alley or major driveway.
26.510.050. SIGN SETBACK
Signs are not subject to the setback requirements of the Zone District where they are
located.
26.510.060. SIGN MEASUREMENT AND LOCATION
A. General. In calculating the area allowance for signs in all Zone Districts, there shall
be taken into account all signs allowed therein including window decals and signs
identifying distinctive features and regional or national indications of approval of
facilities. See Section 26.510.060.C, Sign Area for the method or measuring signs.
B. Two or more faces. Where a sign has two or more faces, the area of all faces shall be
included in determining the area of the sign, except where two such faces are placed
back to back and are at no point more than two feet from one another. The area of the
sign shall be taken as the area of the face if the two faces are of equal area or as the area
of the larger face if the two faces are of unequal area.
C. Sign area. Sign area shall be the area of the smallest four -sided geometric figure
which encompasses the facing of a sign including copy, insignia, background and
borders, provided that cut -out letter signs shall be credited toward allowable sign area at
one -half (1/2) the measured area (see Figure 1 on following page).
The cut -out letter sign credit is given because these types of signs encourage transparency
in regards to building materials and store windows, or lessen the impact of signage on
awnings. Cut -out letter signs shall include the following:
1. Cut -out wall signs made out of wood, metal, stone or glass.
2. Cut -out window signs (such as laminate adhesive lettering)
Lettering on awnings that use the awning's primary color for the backing, for
example, white lettering placed on an awning that is completely red. The credit
would not be given to white lettering in front of a black background on an
awning that is otherwise completely red.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 12
(Window)
o
d oze of Th os Sgn
4 8' ''r/
Figure 1: Above: Window sign with cut -out letters. (8' x 1') *.5 = 4 sq. ft. total
Below: Window sign with solid backing. 2' x 10' = 20 sq. ft. total
Bottom: Sign with irregular shape, 2' x 3' = 6 sq. ft. total
t O 0
2' S0z ° of 7M Sod
0 0
• 10' ►
2 '
Sign Area = 6 sq. ft.
•
3'
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 13
D. Sign location and placement. When possible, signs shall be located at the same
height on buildings with the same block face. Architectural features should not be hidden
by sign location. Signs should be consistent with the color, scale, and design of the
building and not overpower facades. The location of a sign on a building shall
correspond with the interior tenant space associated with the sign. For example, a
business on the first floor of a building shall not place a sign on the third floor of the
building. However, businesses on upper levels may place signage on the ground level to
indicate the entrance for the business.
Signs located Sign in
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Window signs not
Sign not covering exceeding 25% of
architectural feature window area
Figure 2 (Above): Desired Style
Figure 3 (Below): Undesirable Style
No consistency
in sign height Sign not
proportional to
building
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1 11 ��� ��� O .4 ._1
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Sign covering Window signs far
1 architectural feature more than 25% of
window area
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 14
26.510.070. SIGN ILLUMINATION.
A. Allowed Illumination. Illumination of signs shall be designed, located, shielded and
directed in such a manner that the light source is fixed and is not directly visible from and
does not cast glare or direct light from artificial illumination upon any adjacent public
right -of -way, surrounding property, residential property or motorist's vision. Illumination
shall comply with Section 26.575.150, Outdoor lighting. Backlit signs are permitted,
provided that the following criteria are satisfied:
1. Signs shall be lit from a source mounted on the sign or on the wall behind the
proposed sign with a non - visible point - light- source. Emitted light shall not create
excess glare or light trespass on adjacent properties. The sign shall be made out of
a solid and non - transparent material.
B. Prohibited illumination. No sign shall be illuminated through the use of internal,
oscillating, flickering, rear (excluding permitted backlit illumination), variable color,
fluorescent illumination or neon or other gas tube illumination, except when used for
indirect illumination and in such a manner as to not be visible from the public right -of-
way.
26.510.080. SIGN LETTERING, LOGOS AND GRAPHIC DESIGNS.
A. Lettering. No lettering on any sign, including cut out letter signs, shall exceed twelve
(12) inches in height, except that the initial letter in each word shall not exceed eighteen
(18) inches in height.
B. Logos. No logo on any sign, including cut out letter signs, shall exceed eighteen
inches in height and eighteen inches in length (18" x 18 ").
26.510.090. SIGN TYPES AND CHARACTERISTICS
A. Freestanding signs. Freestanding signs shall not be higher than the principal
building or fifteen (15) feet, whichever is less and shall be a minimum of eight (8) feet
above grade when located adjacent to a pedestrian way. Freestanding signs shall be made
primarily of wood, glass, metal, or stone.
B. Identification signs. Signs intended to identify the name of a subdivision, multi-
family residential complex, mobile home park, or business name. Identification signs
shall be visible from the public right -of -way or private street.
B. Projecting or hanging signs. Projecting and hanging signs shall not be higher than
the eave line or parapet wall of the top of the principal building, shall be a minimum of
eight (8) feet above grade when located adjacent to or projecting over a pedestrian way
and shall not extend more than four (4) feet from the building wall to which they are
attached, except where such sign is an integral part of an approved canopy or awning.
Projecting or hanging signs shall be made primarily out of wood, glass, metal, or stone.
C. Wall signs. Wall signs shall not be higher than the eave line or parapet wall of the
top of the principal building and no sign part, including cut out letters, shall project more
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 15
than six (6) inches from the building wall. Wall signs shall be made primarily out of
wood, glass, metal, or stone.
D. Awning Signs. No sign placed on an awning may project above, below, or off of an
awning. Awning signs may only be placed on awnings that meet the definition for
Awning in Section 26.104.100, Definitions.
E. Monument Signs. A sign which has a bottom that is permanently affixed to the
ground, not a building, shall be considered a monument sign. The size and design shall
meet the use requirements for that type of sign. The sign face must be directly connected
to the base of the sign. Landscaping shall be provided so that the sign transitions into the
ground naturally.
F. Portable Sandwich Board Signs. Sandwich board signs are two -sided self - supported
a -frame signs, or any other two -sided portable sign. Sandwich board signs must be made
primarily of wood or metal and must have a professional finish. Incorporated inserts
must contain a fixed message or be made out of chalkboard. Dry erase boards are
prohibited. Sandwich board signs shall not be used as merchandise displays. A six (6)
foot travel width must be maintained on sidewalks and pedestrian malls. This does not
allow for signs aligned on edge with one another, thus creating a solid line of sandwich
board signs, unless the six (6) foot travel width is maintained on both sides. Shall not be
left out overnight. Permits for sandwich board signs shall be revocable by the Community
Development Director if the above criteria are not met, or if in the opinion of the
Community Development Director, the sign creates a visual nuisance. Sandwich board
signs must also comply with those requirements found within Section 26.510.110.D.1.
Q
_
QA
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Figure 4: Freestanding Signs
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 16
ALI CJ[ 1
r
,
Figure 5: (Above) Projecting Sign (left) and Hanging Sign (right)
(Below) Awning Sign
Awning Slope Plane
Awning Side Plane
Awning Skirt
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 17
SEC. 26.510.100 SIGN ALLOTMENT
A. Sign Allotment Frontage shall be defined as any portion of a storefront that faces the
same general direction. Signage for an individual business frontage must be used on that
frontage, and not combined with an allotment elsewhere. Businesses with an articulating
facade along one elevation shall combine such facade to receive one signage allotment.
The following list explains the allotments per individual use types:
1. Residential Use signage allotment shall be dependent upon the dwelling type and
whether or not the dwelling is being used as a bed and breakfast or home
occupation.
2. Arts, cultural, civic, and academic uses shall be allotted six (6) square feet of
signage per individual business frontage. If a business frontage is more than thirty
(30)' in length, that frontage shall receive eight (8) square feet of signage.
3. Recreational uses shall be allotted six (6) square feet of signage per individual
business frontage. If a business frontage is more than (30)' in length, that frontage
shall receive eight (8) square feet of signage.
4. Restaurant and Retail uses shall be allotted six (6) square feet of signage per
individual business frontage. If a business frontage is more than (30)' in length,
that frontage shall receive eight (8) square feet of signage.
5. Lodge uses shall be eligible for twelve (12) square feet of signage allotment per
individual business frontage.
6. Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an
Office or Service Use, the allotment shall be reduced to three (3) square feet of
signage per individual business frontage.
7. Lot of 27,000 or more square feet with one building and one (1) tenant shall be
granted twenty (20) square feet of signage per applicable frontage. The
limitations for individual sign size shall match that of Lodge Use signs
(26.510.110.E).
8. Buildings with four (4) or more tenants (restaurant, retail, office, or service uses)
may create one (1) business directory sign for each street facing facade that grants
each tenant no more than one (1) square foot for the purposes of business
identification. The business directory sign shall not count towards the signage
allotment for the individual tenants. The maximum area for any business
directory sign shall be ten (10) square feet
** Note: Businesses that share occupancy of a single tenant space within a portion of a
building shall share the sign allotment. If businesses share occupancy, but there is a clear
and definable separation between uses, than each business shall have its own signage
allotment.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 18
SEC. 26.510.110 SIGN RESTRICTIONS BY USE -TYPE
A. Residential uses. For all residential uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, and the following signs are permitted and
then only if accessory and incidental to a permitted or conditional use:
Type of Sign Number of Maximum Maximum Height Comments
Signs Area (Sq. Ft.) of Freestanding
Signs
Identification 1 per multi- 20 5' The area of the
Sign (wall, family sign shall not
freestanding complex, exceed two (2)
or monument subdivision square feet per
sign) entrance, or dwelling unit, and
mobile home shall not exceed a
park total of 20 square
feet.
Bed and 1 per street 6 per sign 6' Illumination
Breakfast frontage permitted, must be
in compliance with
this Chapter and
26.575.150
Home 1 per street 6 per sign 6' Illumination is
Occupation frontage permitted only
when it is
identifying a home
occupation of an
emergency service
nature ,
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 19
B. Arts, cultural, civic, and academic uses. For all arts, cultural, civic, and academic
uses, only temporary signs permitted under Section 26.510.030.B, Signs Not Requiring a
Permit, and the following signs are permitted and then only if necessary and incidental to
a permitted or conditional use.
Type of Sign Sign Area (Sq. Maximum Comments
Number of Ft.) Height of
Signs Freestanding
Signs
Identification No more than Size of sign 6' Illumination permitted,
Sign one (1) cannot exceed unless in a residential
(freestanding, Freestanding six (6) sq. ft. zone.
wall, projecting Sign per
sign, or awning facade
sign
No more than Size of sign n/a Sign must not go above
two (2) wall cannot exceed eave point Illumination
signs per six (6) sq. ft. permitted, unless in a
business residential zone.
frontage
No more than Size of sign n/a Sign must not go above
one (1) cannot exceed eave point Illumination
projecting or six (6) sq. ft. permitted, unless in a
hanging signs residential zone. Does
per business not count towards sign
frontage. allotment.
Awning sign. Logos or icons n/a Illumination permitted.
1 per awning on awnings Counts towards sign
plane. cannot be larger allotment. Lettering or
than 1 sq. ft. logos on awnings must
be arranged in a
consistent horizontal or •
vertical band. Only
one band is permitted
for each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 20
C. Recreational uses. For recreational uses, only signs permitted under Section
26.510.030.B, Signs Not Requiring a Permit, and the following signs are permitted and
then only if necessary and incidental to a permitted or conditional use.
Type of Sign Number of Sign Area (Sq. Maximum Height Comments
Signs Ft.) of Freestanding
Signs
Identification No more than Size of sign 6' Illumination
Sign one (1) cannot exceed permitted, unless
(freestanding, freestanding six (6) sq. ft. in a residential
wall, sign per zone.
projecting, or frontage
awning sign)
No more than Size of sign n/a Sign must not go
two (2) wall cannot exceed above eave point
signs per six (6) sq. ft. Illumination
business. permitted, unless
frontage in a residential
zone.
No more than Size of sign n/a Sign must not go
one (1) cannot exceed above eave point
projecting or six (6) sq. ft. Illumination
hanging signs permitted, unless
per business in a residential
frontage. zone. Does not
count towards sign
allotment.
Awning sign. Logos or icons n/a Illumination
1 per awning on awnings permitted. Counts
plane. cannot be larger towards sign
than 1 sq. ft. allotment.
Lettering or logos
on awnings must
be arranged in a
consistent
horizontal or
vertical band.
Only one band for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 21
D. Restaurant and Retail uses. Only signs permitted under Section 26.510.030.B, Signs
Not Requiring a Permit, and the following signs are permitted and then only if accessory
and incidental to a permitted or conditional use:
Type of Number of Sign Area Maximum Height Comments
Sign Signs (Sq. Ft.) of Freestanding
Signs
Identification Freestanding Size not to 6' Illumination
Sign sign. 1 per exceed six permitted.
(freestanding, individual (6) sq. ft.
wall, business
projecting frontage.
/hanging,
window, or
awning sign) Wall sign. 2 Size not to n/a Must not go above
per individual exceed six eave point.
business (6) sq. ft.
frontage.
Projecting or Size not to n/a Sign must not go
hanging sign. exceed six above cave point.
1 per business (6) sq. ft. Illumination
frontage. permitted. Does not
count towards sign
allotment.
Window sign. Not to n/a Counts towards sign
1 per window. exceed 25% allotment. Not to
of window exceed 25% of
area. window
Awning sign. Logos or n/a Illumination
1 per awning icons on permitted. Counts
plane. awnings towards sign
cannot be allotment. Lettering
larger than 1 or logos on awnings
sq. ft. must be arranged in a
consistent horizontal
or vertical band.
Only one band for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 22
Restaurant and Retail Use Signs Continued:
Type of Sign Number of Sign Area (Sq. Ft.) Comments
Signs
Business No more than 1 sq. ft. of signage The portion of the directory sign
directory two (2) for each business used for the associated business
signs business using the directory counts towards that business's sign
directory signs sign. No directory allotment, unless using the
per lot. sign shall exceed exemption found in 26.510.100.A.8,
10 sq. ft. in size. Sign Allotment per business.
1. Sandwich Board Signs: Sandwich board signs are intended for special sales, the
advertisement of unique menus or offerings at restaurant establishments, and for
businesses that are difficult to locate. Only one (1) sandwich board sign is
permitted per business and a permit must be obtained. The size is not to exceed
six (6) square feet per side. These signs are only permitted for retail and
restaurant businesses within the CC and C -1 zone districts. Restaurants may use
one (1) sandwich board sign if it is located on adjacent private property.
Additionally, sandwich board signs may be used continuously by those locations
identified on the City of Aspen Sandwich Board Sign Location Map.
Amendments to the map may be made administratively by the Community
Development Director. Locations were selected using the following criteria:
a. Business has no portion of a storefront that is parallel to the public
right -of -way,
b. Business is provided access through a common entryway that is not
exclusively used for the said business, or
c. Business has a storefront that is obscured by another building, or
portion thereof, on the same lot (i.e. interior courtyard)
If a sandwich board sign is permitted under a criterion listed above, and there are
three (3) or more businesses that share the means of access (i.e. exterior corridor,
interior corridor, or courtyard) the businesses shall consolidate signage onto one
(1) sign. Board signs do not count towards sign allotment. Sign must be located
adjacent to the parcel that contains the business, but may be located on public
right of way. Also see criteria under 26.510.090.F
Special sales permits for the placement of Sandwich Board Signs may be
requested and granted by the Community Development Director. These permits
are valid for one (1) week and no business shall receive more than eight (8)
special sale sign permits within an annual year (January 1 — December 31).
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 23
E. Lodge uses. Only signs permitted under Section 26.510.030.B, Signs Not Requiring a
Permit, and the following signs are permitted and then only if accessory and incidental to
a permitted or conditional use:
Type of Sign Number of Sign Area Maximum Comments
Signs (Sq. Ft.) Height of
Freestanding
Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 2 per exceed ten
(freestanding, individual (10) sq. ft per
wall, business sign.
projecting frontage.
/hanging,
window, or
awning sign) Wall sign. 2 Size not to n/a Sign must not go above
per individual exceed ten eave point Illumination
business (10) sq. ft. permitted.
frontage. per sign.
Projecting or Size not to n/a Sign must not go above
hanging sign. exceed ten eave point Illumination
2 per (6) sq. ft. per permitted. One (1)
individual sign. projecting or hanging sign
business per business frontage shall
frontage. be exempt from counting
towards sign allotment.
Window sign. Not to n/a Counts towards sign
1 per window. exceed 25% allotment. Not to exceed
of window 25% of window
area
Awning sign. Logos or n/a Illumination permitted.
1 per awning icons on Counts towards sign
plane. awnings allotment. Lettering or
cannot be logos on awnings must be
larger than 1 arranged in a consistent
sq. ft. horizontal or vertical
band. Only one band is
permitted for each awning
plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 24
F. Office and Service uses. Only signs permitted under Section 26.510.030.B, Signs Not
Requiring a Permit, and the following signs are permitted and then only if accessory and
incidental to a permitted or conditional use. As stated in Section 26.510.100.A.6 of this
Chapter, Office and Service uses shall be allotted six (6) square feet of signage per
individual business frontage. In buildings with four (4) or more tenants with an Office or
Service Use, the allotment shall be reduced to three (3) square feet of signage per
individual business frontage.
Type of Sign Number of Signs Sign Area (Sq.Maximum Height of Comments
Ft.) Freestanding Signs
Identification Freestanding Size not to 6' Illumination permitted.
Sign sign. 1 per exceed six (6)
(freestanding, individual sq. ft
wall, business
projecting frontage.
/hanging,
window, or
awning sign) Wall sign. 1 per Size not to n/a Sign must go above
individual exceed six (6) eave point Illumination
business sq. ft. permitted.
frontage.
Projecting or Size not to n/a Sign must not go above
hanging sign. 1 exceed six (6) eave point Illumination
per individual sq. ft. permitted.
business
frontage.
Window sign. 1 Not to exceed n/a Counts towards sign
per window. 25% of allotment. Not to
window area exceed 25% of window
Awning sign. I Logos or icons n/a Illumination permitted.
per awning on awnings Counts towards sign
plane. cannot be allotment. Lettering or
larger than 1 logos on awnings must
sq. ft. be arranged in a
consistent horizontal or
vertical band. Only one
band is permitted for
each awning plane.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 25
Office and Service Use Signs Continued:
Type of Sign Number of Signs Sign Area (Sq. Comments
Ft.)
Business directory No more than two 1 sq. ft. of signage The portion of the
signs (2) business for each business directory sign used for
directory signs per using the directory the associated business
lot. sign. No directory counts towards that
sign shall exceed business's sign
10 sq. ft. in size. allotment, unless using
the exemption found in
• 26.510.100.A.8, Sign
Allotment per business.
26.510.120. WINDOW DISPLAYS, WINDOW WRAPS, AND INTERIOR
SIGNAGE
Window displays: Window displays of merchandise and representations thereof are not
subject to sign regulations, sign square footage and do not require a sign permit. Window
displays may have minimal illumination which shall be directed inward towards the
business so that there is no contribution of light pollution to adjacent streets or properties.
The following types of illumination and signage are prohibited:
1. Televisions, computer monitors or other similar technological devices that create
oscillating light.
2. Neon or other gas tube illumination, rope lighting or low- voltage strip lighting.
3. Backlit or internally illuminated displays or graphics.
Window wraps. A window wrap is an image placed directly on a storefront window that
advertises the store or merchandise within the store. Retail businesses with five (5) or
more windows on a frontage may use one (1) of these windows for a wrap that shall not
count towards signage allotment. In order to qualify for this exemption, the window
wrap shall contain no lettering or advertising in excess of three (3) square feet. This
precludes window wraps that predominantly consist of lettering and announcement of
sales and encourages window wraps that predominantly consist of a singular
photographic image. No more than 25% of any other window on that frontage may be
used for window advertising.
Interior signage. Interior signage placed within fifteen (15) feet of storefront windows
shall be deducted from the business's signage allotment. This type of signage shall
include, but is not limited to, special sale signs, names of products, official logos, and
descriptions of inventory. Signage placed perpendicular to the public right -of -way or
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 26
more than fifteen (15) feet from the storefront window shall be exempt from signage
calculations.
26.510.130 SIGNAGE IN PLACE PRIOR TO THE ADOPTION OF
ORDINANCE NO. 17, SERIES OF 2010
Option A - Staff Recommendation:
Signage that is in place with an approved sign permit may be kept in place after the
adoption of this Chapter. Existing signage without an approved sign permit may obtain a
building permit before December 15 2011. Any existing signage lacking an approved
building permit after December 15 2011 shall be in compliance with the regulations of
this Chapter. All sandwich board signs within the City of Aspen shall be compliant with
these regulations beginning on December 15 2010.
Option B:
All signage currently in place before November 8th, 2010 shall be considered legally
established and shall not be subject to the requirements of this Chapter unless the signage
is altered in any way other than normal maintenance and upkeep. This provision shall be
in effect regardless if the existing signage received an approved building permit. All
signage created in the City of Aspen After November 8 2010 shall be in compliance
with requirements and regulations of this Chapter.
26.510.140 SIGNS ON PUBLIC PROPERTY (NO CHANGES WERE MADE
AND EXISTING LANGUAGE TO BE INSERTED HERE).
Section 3:
A public hearing on the Ordinance was held on the 27 day of September, 2010, at 5:00
p.m. in Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 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: The effective date of this ordinance shall be December 15 2010. Therefore,
the Sign Code in effect at the time of this approval shall be valid until December 15 2010
(TBD)
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 27
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26 day of July, 2010.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
FINALLY, adopted, passed and approved this day of , 2010.
Attest:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
Approved as to form:
City Attorney
City of Aspen City Council
Ordinance No. 17, Series of 2010
Page 28
MEMORANDUM V111
TO: Mayor Ireland and Aspen City Council
THRU: Jennifer Phelan, Community Development Deputy Director
FROM: Sara Adams, Senior Planner,
RE: Castle Creek Energy Center, Power Plant Road: Subdivision,
Rezoning, Consolidated PUD Review, Growth Management for an
Essential Public Facility, Second Reading of Ordinance No. 15, Series of
2010. (public hearing is continued from August 9 September 13` and
October 12`
MEETING DATE: November 8, 2010 continued to January 10
APPLICANT /OWNER:
City of Aspen. 9 �
REPRESENTATIVE:
Mitch Haas, Haas Land Planning, LLC.
LOCATION:
Lot 3 and Open Space 2A of the Marolt Ranch 1*i
Open Space, along Power Plant Road beneath - -
the Castle Creek bridge. ,
CURRENT ZONING: @ +
R -30, Low Density Residential.
.i` ._
SUMMARY:
sir
The Applicant requests approval to construct a
hydroelectric plant, aka the Castle Creek Energy Aerial view of proposed site. Arrow
Center, on Power Plant Road adjacent to the indicates proposed location of the new
City Shop building. The application includes the building.
following reviews: subdivision to create a new
lot and to remove the area from the open space STAFF RECOMMENDATION:
inventory, rezoning from R -30 to the Public Staff recommends that City Council grant
Zone, consolidated PUD review to determine approval for Subdivision, Rezoning, PUD
dimensional requirements, Growth Management and Growth Management for an Essential
Review for an Essential Public. The project is Public Facility for the Castle Creek Energy
exempt from Stream Margin Review because it Center with conditions.
is a utility and is essential for public health and
safety.
1 Castle Creek Energy Center, Power Plant Road
Second Reading of Ordinance No. 15, Series of 2010
10.12.10
NOTE: During the September 13, 2010 public hearing, City Council encouraged Tim McFlynn
and Ruthie Brown to pursue the public suggestion that a group of stakeholders gather to discuss
the proposed Stream Health Monitoring Program that is an integral part of the proposed Castle
Creek Energy Center. The proposed Stream Health Monitoring Program intends to protect and
to evaluate the health of the streams (both Castle and Maroon) after the Castle Creek Energy
Center begins operations. The citizen led group is making progress every day.
City Council continued the public hearing to November 8, 2010 to allow further time for the
citizen led group to convene; however the group is not prepared to make a recommendation at
this time. Staff recommends that City Council provide a timeframe for the citizen led group to
make their recommendation in order to keep the project on track. A suggested timeframe will be
presented to Council on November 8` It is requested that the public hearing be continued to
January 10, 2011.
2 Castle Creek Energy Center, Power Plant Road
Second Reading of Ordinance No. 15, Series of 2010
10.12.10
x'1116$
MEMORANDUM
TO: Mayor Ireland and Aspen City Council
FROM: Chris Bendon, Community Development Director
DATE: November 8, 2010
RE: Second Reading of Ordinance No. 27, Series 2010.
Land Use Code Amendments
• Calculations and Measurements
• Definitions
SUMMARY:
Staff is proposing a wholesale rewrite of the City's Calculations and Measurements
section of the Land Use Code. This section describes how development is reviewed for
compliance with dimensional limitations such as floor area, height, setbacks and the like.
This rewrite is intended to clean-up the areas where staff has had to interpret the language
by providing clearer wording, example calculations, and graphics. There are some minor
substantive changes to the provisions and staff will highlight those during second
reading.
Staff has done some outreach with local architects in preparation of this ordinance.
Feedback has been positive concerning the additional clarity, examples, and graphics.
There is strong support from architects regarding measuring floor area to the exterior face
of a building's framing, rather than to the exterior of finish materials. This will simplify
the City's code and will parallel the County's code.
There is significant pushback regarding the measurement of Net Lot Area. The City
reduces development rights for the presence of steep slopes. Currently, there is a limit on
the possible reduction to Floor Area — the presence of steep slopes cannot reduce a
parcel's floor area by more than 25 %. The Planning and Zoning Commission considered
several options and recommended it be changed to reduce a property's floor area down to
a potential of 1,000 square feet. This does represent a substantive change and much of
the feedback suggests that more awareness of this type of change is necessary. The
language is on page 4, note number 3, of the track- changes ordinance. For the meeting,
staff will have an estimate of the number of parcels that this could affect.
Staff will present a general overview of the amendments and is seeking initial Council
feedback. The ordinance does need additional work, especially on proposed graphics.
Staff would like to gain Council feedback then issue a revised draft ordinance to local
architects and planners for any final comments prior to returning to Council for a
decision.
Attached are two versions of code text — Existing text from the Land Use Code and an
ordinance showing "track changes" highlighting the amendments.
The Planning and Zoning Commission recommended adoption of these amendments by a
4 -1 vote. Their minutes are attached. Staff is requesting City Council discuss the
amendments, identify provisions that need more work, and continue the hearing to
December 13`
APPLICANT:
City of Aspen
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council to approve, approve with conditions, or deny the application.
City Council is the final review authority.
RECOMMENDATION:
Staff recommends staff present an overview of the amendments, City Council discuss and
provide direction, and the hearing be continued to December 13 for further
consideration.
CITY MANAGER COMMENTS:
RECOMMENDED MOTION:
"I move to continue Ordinance No. 27, Series 2010, to December 13, 2010."
ATTACHMENTS:
Ordinance No. 27 showing track changes text
Exhibit A — Existing code text
Exhibit B — Planning and Zoning Commission minutes.
ORDINANCE NO. 27
(SERIES OF 2010)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE FOLLOWING SECTIONS OF THE CITY OF
ASPEN LAND USE CODE:
26.575.020 — CALCULATIONS AND MEASUREMENTS
26.104.100 — DEFINITIONS
WHEREAS, the Community Development Director of the City of Aspen
initiated an application proposing amendments to the Land Use Code, pursuant to
Chapter 26.210; and,
WHEREAS, the amendments requested relate to Section 26.575.020 of the Land
Use Code of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Director recommended approval of amendments to the above
listed Sections as further described herein; and,
WHEREAS, the Planning and Zoning Commission held a duly noticed public
hearing to consider the proposed amendments described herein on June 1, 2010, and June
15, 2010, took and considered public testimony and the recommendation of the Director
and recommended, by a four to one (4 -1) vote, City Council adopt the proposed
amendments; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No. 27, Series 2010 Page 1
Section 1:
Section 26.575.020, Calculations and Measurements, of the City of Aspen Land Use
Code, which section authorizes, defines, describes, and depicts how various
measurements and calculations regarding development are to be accomplished, shall read
as follows:
26.575.020. Calculations and Measurements.
4. Purpose. This section sets forth methods for measuring floor area, height, setbacks, Deleted: The purpose of this Section is
and other dimensional aspects of development and describes certain allowances to set forth supplementu[regulations
which relate to methods for calculating
requirements and other prescriptions for a range of structural components, such as and measuring certain enumerated
} � porches, balconies, garages, chimneys, mechanical equipment, ro projections into setbacks terms as aced in thin Title. The
$ Y P a_ _ definiz ojthe term ure set forth at
etc. The definitions of the terms are set forth at Section 26.104.100 — Definitions, Section 26.104.100.1
{ Formatted: Font: Bold, Italic
1. Limitations The prescribed allowances and limitations, such as height, setbacks„etc.,t. ' '. ' Formatted: Font: 12 pt
of distinct structural components shall not be aggregated or combined in a manner that Formatted: Font: 12 pt
supersedes,the dimensional limitations of an lndividual structural component. for '•'
Formatted: Font: 12 pt
example, if a deck is permitted to be developed within five feet of a property boundary ;;. Formatted: Font: Bold
and a garage must be a minimum of ten feet from the same prope boundary, a garage �;. , ; :, Formatted: Font: Not Italic
with a deck on top of it may not be developed any closer than ten feet from the property Formatted: Font: Not Italic
boundary or otherwise produce an aggregated structural component that extends beyond ',;.,t Formatted: Tabs: 0.25 Left
,
the setback limit of a garage. '• Formatted: Font: Not Italic
\I Font: Not Italic
Non - conforming aspects of a property or structure are limited to the specific physical
Formatted: Font: Not Italic
Mature of the non - conformity. For example, a one -story structure which extends into the
setback may not be developed with a second -story addition unless the second story {Formatted: Font: Not Italic
complies with the required setback.
,Specific non - conforming aspects of a property cannot be converted or exchanged in a _ -- { Formatted: Font: Not Italic
manner that creates or extends a different specific non - conforming aspect of aproperty.
For example, a property that exceeds the allowable floor area and contains deck area that
exceeds the amount which may be exempted from floor area cannot convert deck space
kilo additional interior space. _. --{ Formatted: Font: Not Italic
C. Measuring Net Lot Area. A property's development rights are derived from Net Lot
Area. This is a number that accounts for the presence of steep slopes, easements, areas
under water, and similar features of a property. The method for calculating a parcel's Net
Lot Area is as follows:
{ Formatted Table
Table 26.575.020 - I Percent of parcel to Percent of parcel to
be included in Net be included in Net
Lot Area to Lot Area to
determine allowable determine
Floor Area allowable Density
Ordinance No. 27, Series 2010 Page 2
air. dram _
Areas of a parcel with 0% to 20% slope. Notes 100% 100%
i
Areas of a parcel with more than 20% and up For properties in the
to 30% slope. Notes 2, 3. R -15B Zone: 100%
100%
For all other
properties: 50 %.
Areas of a parcel with more than 30% slope. For properties in the
Notes 2, 3. R -15B Zone: 100%
100%
For all other
properties: 0 %.
Areas below the high water line of a river or 0% 0%
natural body of water. Note 1.
Areas dedicated to the City or County for open 100% 100%
space or a public trail.
Areas within an existing, proposed, dedicated,
or vacated public vehicular right -of -way, 0% 0%
public vehicular easement, or vehicular
emergency access easement.
Areas within an existing, proposed, or
dedicated private vehicular right -of -way or 0% 0%
vehicular easement. Note 4.
Areas within a vacated private vehicular right -
of -way or vehicular easement, when any
affected parcel has no other established 0% 0%
physical and legal means of accessing a public
way. Note 4.
Areas within a vacated private vehicular right-
! of -way or vehicular easement, when all
affected parcels have established alternate 100% 100%
physical and legal means of accessing a public
way. Note 4.
Areas of a property subject to above ground or
below ground surface easements such as 100% 100%
utilities or an irrigation ditch that do not
coincide with vehicular easements.
1 Ordinance No. 27, Series 2010 Page 3
Notes for Table 26.575.020 - 1:
1. Lot Area shall not be reduced due to the presence of man-made water courses -or { Formatted: Bullets and Numbering
features such as ditches or ponds.
2. In instances where the natural grade of a property has been affected by prior
development activity, the Community Development Director may accept an estimation
of pre - development topography prepared by a registered land surveyor or civil
engineer. The Director may require additional historical documentation, technical
studies, reports, or other information to verify a pre - development topography.
3. Staff Recommended language (existing code) There total reduction in Floor Area
attributable to a property's slopes shall not exceed 25 %.
P &Z Recommended language — 3. There shall be no limit on the reduction in Floor
Area attributable to steep slopes except that the total slope reduction shall not result in
a property having less than one - thousand (1,000) square feet of Floor Area.
4. Areas of a property within a shared driveway easement, when both properties sharing Formatted: Bullets and Numbering
the easement abut a public right -of -way, shall not be excluded from Lot Area. The
enables adjacent property owners to combine their driveways into one without
reducing development rights. When one of the properties relies on access through
another parcel, the area of the access easement shall be deducted from Lot Area as
provided in the table above.
Jgraphicl
Measurini Floor &ea. In measuring floor areas for floor area ratio and _. - -- Deleted: A
allowable floor area, the following applies: -{ Formatted: Font: 12 pt
1. General. In measuring ,a building for the purposes of calculating floor area ratio eleted: u
and allowable floor area, there shall be included _,Areas _within the surroundin {Deleted: Floor area
- - --- - - - - -- -
exterior walls pf the building or portion thereof. When measuring from the exterior `' ,. { Deleted: that
walls, the measurement shall be taken from the exterior face of framing, exterior face ' - { Deleted: floor
of structural block, exterior face of straw bale, or similar exterior surface of the Deleted: (measured from their exterior
nominal structure excluding sheathing, vapor barrier, weatherproofing membrane, surface)
exterior - mounted insulation systems, and excluding all exterior veneer and surface (Deleted: a
Ordinance No. 27, Series 2010 Page 4
treatments such as stone, stucco, bricks, shingles, clapboards or other similar exterior Deleted: veneer and all exterior
veneer treatments. ,(Also, see provisions for setbacks - * * *). treatments shall be included.
OUTSIDE INSIDE —!
A
Window Exterior Face
Property of Framing
Line
Window Sill
� 1
1 Wood Veneer
tt Stone Veneer
tt Setback measured to
111 Floor Area Measured to Face of Framing
edge of veneer
Figure 26.575.020 — 1: Measuring to Face of Framing
2. Vertical circulation. When calculating vertical circulation, the circulation ""{ Deleted: areas with stairs
element shall be counted as follows: Deleted:. each floor -to -floor staircase
is counted only once.
a. For elevators, each stop of the elevator shall be counted as if it were a solid
floor. Mechanical and overrun areas above the top -most stop shall not be
counted as Floor Area. Areas below the lowest stop shall not be counted as
Floor Area.
b. For stairs, the area of the stairway shall be projected down and counted on the
lower of the two levels connected by the element and not counted as Floor
Area on the top -most floor connected by the stairway. When a stairway
connects multiple levels, the area of the stairway shall be counted on all levels
connected by the element except that the area of the stairway shall not be
counted as Floor Area on the top -most level connected by the stairway.
3. Attic Space. Unfinished and uninhabitable space between the ceiling joists and
roof rafters of a structure which is either inaccessible or accessible only as a matter of
necessity is exempt from the calculation of Floor Area Ratio and allowable Floor
Area. If the space is conveniently accessible and is either habitable or can be made
habitable it shall be counted in the calculation of Floor Area Ratio and allowable
Floor Area.
Examples:
Formatted: Indent: Left: 0.63",
a. An area created above a "hung" or "false" ceiling is exempt. space Before: 6 pt, After: opt
Formatted: Bullets and Numbering
1 Ordinance No. 27, Series 2010 Page 5
b. An area accessible only through an exterior access panel or crawl space is
exempt.
c. An area accessible only through an interior pull -down access ladder is
exempt.
d. A sleeping loft accessible via a stairway or a ladder is counted.
e. An unfinished space which has convenient access is counted.
{ Formatted: Space After: 0 pt
If any portion of the attic level of a structure is to be counted, then the entire level
shall be included in the calculation of Floor Area Ratio and allowable Floor Area
regardless of other practical limitations to routine use. Areas of an attic level with
thirty (30) vertical inches or less between the finished floor level and the finished
ceilin• shall be exempt regardless of how that space is accessed or used.
IGraphicl 30
11 + „ ti c'( C.�tw
g st r { Formatted: Space After: 0 pt
4. Decks, Polconies,, Loggias, Gazebos, exterior Sairways non-Street-facing- {Deleted: 2
porches. The calculation of the boor Area of a building or aportion thereof shall Formatted: Indent: Left: 0.25
not include decks, balconies, exterior stairways, non Street- facing porches, �,',;;,; Hanging: 0.25"
gazebos and similar features, unless the area of these features is greater than
fifteen percent (15 %) of the maximum allowable floor area or the property. Deleted: porches,
Deleted: and
If the area of these features exceeds fifteen percent (15 %) of the property's ;
maximum allowable Floor Area, only the areas in excess of the fifteen percent ( Deleted: i
(15 %) shall be attributed towards the maximum allowable Floor Area for the ( Deleted: s
property. (Deleted: f
, •, t Deleted: a
The area of these features shall be the maximum footprint of the feature including ' 'Deleted: of
railings, fixed seating, fixed planter boxes, overhangs, and similar structural
components of the feature. Deleted: building
Unenclosed areas beneath Decks, Balconies, and exterior stairways shall be
exempt from Floor Area calculations unless that area is used as a carport. (See
provisions for garages and Carports, Subsection # #.) Enclosed and unconditioned
areas beneath Porches, Gazebos, and Decks or Balconies when those elements
have a finished floor level within thirty (30) inches of the surrounding finished
grade shall be exempt from Floor Area calculations regardless of how that area is Deleted: (the excess of the fifteen
used. percent [15 %] shall be included).
1 Ordinance No. 27, Series 2010 Page 6
5. Front Porches. Porches on Street - facing facade(s) of a structure developed within
thirty (30) inches of the finished ground level ,shall not be counted towards allowable -- { Deleted: and landscaped terraces
-- --- - -------- ------------- -------
Floor Area. Otherwise, these elements shall be attributed to Floor Area as a Deck. --{ Deleted: FAR
Jgraph ic] I /
1 %W to
•_______• • _- -- . r- � - - - ._ )
6. Patios and Landscape Terraces. Patios and Landscape Terraces developed at
finished grade shall not be counted towards allowable Floor Area. These features
may be covered by roof overhangs or similar architectural projections of up to thirty
(30) inches and remain exempt from Floor Area calculations.
. Garages and carport§,, For all multi - family, mixed -use and non - residential -_ -- Deleted: ¶
buildings and parcels, the garage and carport area shall be attributed towards Floor s
Area and Floor Area Ratio with no exclusion. Deleted:
Deleted: and stora areas
In the R -15B Zone District, garage and carport areas shall be excluded from the
calculation of Floor Area up to a maximum five- hundred- square -foot exemption total
for the parcel.
Ira zone districts other than the R -15,B Zone District, propert solely con taining a -- Deleted: all
Single - Family, two single- family residences, or Duplex structure, Jhe garage and '.;. { Deleted: except
carport area shall be excluded from the calculation of Floor Area as follows♦ {Deleted; _
Deleted: for the purpose of calculating
floor area ratio and allowable floor area
fable 26.575.020 -2 for
Deleted: a lot whose principal use is
Size of Garage or Carport Area excluded per primary dwelling residential,
i 4
unit (not including Accessory ;'
Deleted: garages, carports and storage
Dwelling Units or Carriage Houses) `
„� , , areas shall be excluded
Formatted Table
First 0 to 250 square feet 100% of the area
Formatted
Next 251 to 500 square feet 50% of the area Formatted: Font: Bold
Formatted: Indent: First line: 0 ",
. Areas above 500 square feet No area excluded. s Tabs: 0.25 ", Left + Not at 0.5"
Formatted: Indent: First line: 0 ",
Notes for Table 26.575.020 -2 %', Tabs: 0.25", Left + Not at 0.5"
an alley or private road entering at the Formatted: Indent First line: 0",
1. For any property abutting Y p g '' � Tabs: 0.25", Left + Not at 0.5"
rear or side of the property, the garage or carport area shall only be Formatted Font: Italic
excluded from floor area calculations as described above if the garage
I Formatted: Tabs: 0.25 ", Left + Not
or carport is accessed from said alley or road. If an alley or private I at 0.5"
Ordinance No. 27, Series 2010 Page 7
•
I
road does exist and is not utilized for garage or carport access, the
garage or carport area shall be attributed towards Floor Area
calculations with no exclusion. If an alley or private road does not . - { Formatted: Indent: Left: 0.5"
abut the property, the garage or carport area shall be excluded from ; .Formatted: Font: Italic
floor area calculations as described above. , Deleted: up to a maximum area of two
hundred fifty (250) square feet per
dwelling unit; all garage, carport and
storage areas between two hundred fifty
(250) and five hundred (500) square feet
shall count fifty percent (50 %) towards
For garages that are part of a,subgrade area, any permitted Floor Area gxemption is ;' allowable floor area; all garage, carport
and storage areas in excess of five
taken from the total gross below -grade area prior to calculating the Floor Area hundred (500) square feet per dwelling
exemption for ,subgrade areas. ,For example, if a 2,000 square foot story containing a '; unit shall be included as part of the
o residential floor area calculation. For any
350 square foot garage is 40% above grade, the calculation shall be as follows: dwelling unit which can be accessed from
an alley or private road entering at the
Garage exemption — the first 250 square feet is exempt and the next 100 square rear or side of the dwelling unit, the
feet counts 50% or 50 square feet = 300 square feet of the garage ara a which is garage shall on be exclud from floor
q area calculatio up to two hundred fifty
exempt. (250) square feet per dwelling unit if it is
: ,/; located on said alley or road; all garage,
Sub grade exemption — 2,000 gross feet square ee minus 300 square feet of exempt carport an sto rage
P q q p hundred fift (250) and areas five between hundre d
garage space = 1,700 gross square feet multiplied by 40% = 680 square feet of ; 1 ; , 1 ' 1 ' (500) square feet shall count fifty percent
(50%) towards allowable floor area. For
that level which counts towards allowable Floor Area. s ', r )
rr the purposes of determining the
exclusion, if any, applicable to garages,
carports and storage areas, the area of all
structures on a parcel shall be aggregated.
Subgrade areas. , Subgrade levels of a structure ,shall be included in the ,'', i Deleted: basement
calculation of Floor Area according to the proportion of the level which is exposed , Deleted: the
above natural or finished grade, whichever is lower. Deleted: garage
. The area of the,exterior surface wallspxposed above the p lower of patural and finished ' Deleted: before
grade divided by the total exterior wall area of that level shall be the proportion of the ;; ',, Deleted: the
gross area of the subgrade level counted as Floor Area. , stories with no , Deleted: calculation takes place.
exposed exterior surface wall area shall be excluded from floor area calculations. Deleted: In the R -IB Zone District,
garage, carport and storage areas shall be
For the purposes of this section, the wall area to be measured shall not include; limited to a five-hundred-square-foot
exemption.¶
exterior wall area associated with structural components of the foundation or floors of 1 , i i', 4
the structure. '4 ; Deleted: To determine the portion of
Deleted: subgrade areas that are to be
included in calculating floor area, the
following shall apply:
Deleted: a.. For any story that is
partially above and partially below
natural or finished grade, whichever is
lower, the total percentage of
Floor Structure Deleted: area that is
Deleted: most restrictive
Deleted: the grades
Area of wall to • �W
be used for 0 Deleted: shall be the total percentage of
: the gross square footage of the subject
subgrade ! story included in the floor area
calculation ', calculation.
Formatted: Indent: Left: 0.25 ",
Foundation and Floor Structure First line: 0"
Foundation Footer
1 Ordinance No. 27. Series 2010 Page 8
+44- I
t
„, I
--4
/ •
Figure 26.575.020 - 3: Measuring the Area of a Subgrade Wall
,Example: if a the walls of a 2,000 square foot level are forty percent (40%), Deleted: ¶
,exposed above the lower of natural or finished gradelhen forty percent (40 %)
of that level, 800 square feet will be ounted as Floor &ea. M eted: fifteen
Deleted: percent (15 %) of the exterior
,;• surface wall area has been
`;, ; • i Deleted: (whichever is lower),
Deleted: fifteen
Deleted: percent (15 %) of the gross
'' lii ; ; }; 1 square footage of the subject story
Deleted: included
ii 4,
i , i Deleted: f
0 / �/ Deleted: a
9 . Deleted: f
Window Well
1. -- '! % % %, I. ,,,,�/ / :” , /4
Exposed
0
= 40% Exposed = 40% of floor counts as floor
Total exterior wall area DD area
Figure 26.575.020 - 4: Determining the amount of a subgrade floor to be counted as Floor Area
When considering multi -level subgrade floors, adjacent interior spaces shall be
considered on the same story if the vertical separation between the ceilings of the
spaces is less than 50% of the distance between the floor and ceiling of either space.
Ordinance No. 27, Series 2010 Page 9
— . _. _ __ i . • — . —
fgraphicl c.44.4.440 ""r " Qes
When a subgrade level also contains a vaulted ceiling within a pitched roof, the wall
area shall include the area within e gable of the roof.
/ \,,,.,. \\:,,,,,s,..4.
Jgraphic[ t`
di
1 ,( Deleted: )
� , Deleted: b. . For any dwelling unit that
till t r can be accessed from an alley or private
road entering at the rear or side of the
dwelling unit, the garage or carport shall
Wa t rfi ` only be eligible for the exclusions
` 1 r �! described in Subparagraph a. above if it is
located along said alley or road.¶
c.. In the R -15B Zone District only,
Q. Accessory Dwelling Units and Carriage Houses. An accessory dwelling unit or ' garages, carports and storage areas shall
carriage house shall be calculated and attributed to the allowable floor area for a be excluded from residential floor area
calculations up to a maximum of five
parcel with the same inclusions and exclusions for calculating floor area as defined in hundred (500) square feet per dwelling
this Section,„ unit.
� 5.. (Repealed by Ord. No. 56 -2000, 18)11
6
10. Permanently Affordable Accessory Dwelling Units and Carriage Houses. One
hundred percent (100 %) of the area of an Accessory Dwelling Unit or Carriage House Deleted: '
which is detached from the primary residence and deed - restricted as a "for sale" Deleted: unless eligible for an
exemption as described below:
affordable housing unit and transferred to a qualified purchaser in accordance with
Del eted: Detached and permanently
the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be affordable ADU or carriage house floor
excluded from the calculation of floor area, up to a maximum exemption of one area exemption. One hundred percent
(100%) of the floor area of an ADU or
thousand two hundred (1,200) square feet per parcel. cartage house
,In � parcel g P y. .. '..
n addition, a allowable floor area of a arcel containin such a ermanentl .. D
affordable Accessory Dwelling Unit or Carriage House , shall be increased in an Deleted: Affordable Housing Bonus.
amount equal to, fifty percent (50 %) of the floor area of the ,Accessory Dwelling Unit • -. Deleted: a single- fam or duplex
or Carriage U up to a maximum bonus of six hundred (600) square feet per residence and a permanently affordable
parcel.
°
�'� "for sale" ADU or carriage house located
p on the same parcel which has been
e transferred to a qualified purchaser in
11. Sheds, Storage Areas, and similar Accessory Structures. Sheds, storage areas, g ? +' , accordance with the Aspen/Pitkin County
greenhouses, and similar inhabitable accessory structures are exempt from floor area '\ amen Housi d Authority Guidelines, as
, shall be eligible for an
limitations up to a maximum exemption of thirty-two (32) square feet per residence. ,, affordable housing floor area bonus
Accessory structures thirty-six inches or less in height, as measured from finished i Del; or less than - 1
grade, shall be exempt from Floor Area calculations ( also see setback limitations). Deleted; associated ADU
Accessory structures larger than thirty-two square feet per primary residence and Deleted: c
more than thirty -six inches in height shall be included in their entirety in the
'( Deleted: h
Ordinance No. 27, Series 2010 Page 10
1
calculation of Floor Area. Properties which do not contain residential units are not
eligible for a Floor Area exemption.
12. Historic Sheds and Outbuildings. The Community Development Director may
provide a parcel containing an uninhabitable and limited function historic shed,
outbuilding, or similar historic artifact with a Floor Area exemption to accommodate
the preservation of the historic resource. The shed or outbuilding must be considered
a contributing historic resource of the property. Functional outbuildings, such as
garages, art studios, home offices, and the like shall not be eligible for an exemption.
The Director may consult the Historic Preservation Commission prior to making a
determination. The Director may require the property's potential to receive Floor
Area bonuses be reduced to account for the structure. The exemption shall be by
issuance of a recordable administrative determination and shall be revocable if the
artifact is removed from the property.
13. Wildlife - Resistant Trash and Recycling Enclosures. Wildlife - resistant trash and
recycling enclosures located in residential zone districts are exempt from floor area
requirements of the zone district regulations if the enclosure is the minimum
reasonably necessary to enclose the trash receptacles in both height and footprint, is
an unconditioned space not located inside other structures on the property, and serves
no other purpose such as storage, garage space, or other purposes unrelated to
protecting wildlife. Wildlife- resistant dumpster enclosures located in commercial,
mixed -use, or lodging zone districts are not exempt from floor area requirements and
shall comply with zone district requirements for Utility /Trash/Recycle areas.
Enclosures shall be located adjacent to the alley if an alley borders the property and
shall not be located in a public right -of -way. Unless otherwise approved by the
Historic Preservation Commission, enclosures shall not abut or be attached to an
historic structure. Enclosures may abut other non - historic structures.
jA. Allocation of Non -Unit Space in a mixed -use building. In order to determine the __. Deleted: 8.. Linked Pavilion. Any
total floor area of individual uses in a mixed -use building, the total floor area for non- element rkmg the Pal of b etnre to
an accesssoory structurre e shall not be
unit space, which is common to all uses on the property, shall be allocated on a included in the calculation of floor area,
proportionate basis of the use categories outlined in the subject zone district's FAR Provided that the linking structure is no
more than one (1) story tall, six (6) feet
schedule. The building's gross floor area, minus all non -unit space, shall be divided wide and ten (10) feet long. Areas of
amongst the individual use linking structures in excess of ten (10) categories in a building. These numbers
proportionately g g g feet in length shall be counted in floor
shall then be calculated as a percent of the gross floor area number that does not areal
include the non -unit space. A proportionate share of the non -unit floor area shall then 9
be allocated towards each use category. This provision shall apply to all zone
districts permitting mixed -use buildings.
For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area
+ 4,000 sq. ft. free - market residential floor area
+ 2,000 sq. ft. affordable housing floor area
+ 1,000 sq. ft. nonunit floor area
= 9,000 sq. ft. total floor area
Ordinance No. 27, Series 2010 Page 11
Then the total unit floor area in the building would be eight thousand
(8,000) square feet floor area. Using the allocation of nonunit space
standard, the uses account for the following percentages of the total unit
floor area:
commercial floor area = 25%
free - market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the one thousand (1,000) square feet of non space is
allocated to the different uses as follows:
commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
free - market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft.
affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
When non -unit space is used exclusively by one use, the space shall be attributed to the
floor area for that use. For example, if a lobby and elevator serve the free - market
residential uses on the property, exclusively, then the area associated with the lobby and
elevator shall be assigned to the floor area for free - market residential uses.
E. Measuring Setbacks.
j. General. Required setbacks shall be unoccupied and unobstructed within an area { Formatted: Font: Italic, Underline
extending horizontally from the parcel boundary to the setback line and vertically above
and below grade, excepting allowed projections as described below.
Required setbacks shall be measured perpendicular from all points of the parcel boundary
to the outmost exterior of a structure, including all exterior veneer such as brick, stone or
other exterior treatments, but excluding allowed projections. lgraphicl
2. Determining Front, Rear, and Side Yards. The front yard setback shall be measured Formatted: Font: Italic, Underline
from the front lot line. The Front Lot Line shall be the parcel boundary closest to or
dividing a lot from a Street or street right -of -way. All parcels have a front lot line. There
shall not be more than one front lot line.
The rear yard setback shall be measured from the rear lot line. The Rear Lot Line shall
be the parcel boundary opposite the front lot line. All parcels have a rear lot line. A
parcel shall have only one rear lot line.
Side yard setbacks shall be measured from the side lot lines. Side lot lines shall be those
parcel boundaries other than a front or rear lot line. All parcels will have at least one side
lot line and may have multiple side lot lines.
1 Ordinance No. 27, Series 2010 Page 12
For comer parcels, the front lot line shall be the parcel boundary along the Street with the
longest block length and the remaining boundary shall be a side lot line.
Street Block Length
270'
Front Yard
100' — Side
Yard
A I 1
a
i
L.
Corner Lot
1
Figure j: Determining Setbacks { Deleted: a J
For comer parcels where the parcel boundary follows a curving Street, the midpoint of
the curve shall be used to differentiate the front lot line and the side lot line. In this case,
the boundary segment with the shortest Street frontage shall be the front lot line.
„Side { Deleted: Front
Yard
Street
Fron Yard { Deleted: Side
Figure ? Corner lot with curved street { Deleted: 5
For reverse curve Tots, the curved portion of the lot line shall be considered the front lot
line and the two opposing parcel boundaries shall be considered side lot lines.
Deleted: 6 J
Ordinance Nc. 27, Series 2010 Street Page 13
Front
Yard
Side Yard
I z : , g/ . .,,m, .,,, ,
1
For all double frontage lots with Streets on opposite sides of the parcel, except for those
parcels abutting Main Street, the front lot line shall be the parcel boundary with the
greatest length of Street frontage and the opposing lot boundary shall be the rear lot line.
[graphic] 't"' • --�')
For double frontage lots with equal length street frontages, the front lot line shall
assimilate the front lot lines of the adjoining lots to the extent practical.
For double frontage lots abutting Main Street, the front lot line shall be the lot boundary
adjoining Main Street.
I
The Community Development Director shall resolve any discrepancies or situations
where the foregoing text does not provide definitive clarity by issuance of a recordable
administrative determination.
‘ 3. Determining required,setbacks adjacent to streets or rights When a property ___. - -- Formatted: Font: Not Bold
does not extend into an adjacent public or private right -of -way or street easement, the ---- Formatted: Font: Not Bold
I required setback shall be measured from the lot line.
When a property extends into an adjacent public or private right -of -way or street
easement, the required setback for that portion of the lot shall be measured from the edge
of the right -of -way or street easement closest to the proposed structure.
1 Ordinance No. 27, Series 2010 Page 14
1
4 .
I I
Figure A: Required setback from alight -of -way or street easement - - -{ Deleted; 7
{ Deleted: private road or J
4. Combined Setbacks. Where zoning provisions require a combined yard setback (either
front -rear or side - side), the minimum setback measured at either point on each side yard
shall be the basis for the combined setback measurement.
f graphicl
A .5. Allowed Projections into Setbacks. Setback areas shall be unobstructed above and _ - --{ Formatted: Font: Not Bold
below ground except for the following allowed projections:
a. Above or below ground utilities, below -grade heating or cooling conduit or* { Formatted: Bullets and Numbering
infrastructure such as a ground- source heat pump system, below -grade dry wells
or other at -grade or below -grade drainage infrastructure.
b. Trees and vegetation.
c. Flagpoles, mailboxes, address markers
d. Foundation footers, soil nails or below -grade tiebacks, and similar improvements
necessary for the structural integrity of a building or other structures.
1
Ordinance No. 27, Series 2010 Page 15
e. The minimum projection necessary to accommodate exterior mounted utility
junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and
including any protective structure as may be required by the utility provider.
f. Building eaves, bay windows, window sills. and similar architectural projections
up to eighteen (18) inches.
g. Balconies not utilized as an exterior passageway may extend the lesser of one-
third ( of the way between the required setback and the property line or four (4)
feet. In no case shall the projection be allowed closer than five (5) feet to a
property line. This projection is allowed for balconies only and does not permit
projections of other improvements, such as garages or carports.
h. The minimum projection necessary to accommodate light wells and exterior
basement stairwells as required by adopted Building or Fire Codes as long as
these features are entirely recessed behind the vertical plane established by the
portion of the building facade which is closest to the Street. If any portion of the
feature projects into the setback, the entire feature may be no larger than the
minimum required. Features required for adjacent subgrade interior spaces may
be combined as long as the combined feature represents the minimum projection
into the setback. There is no vertical depth limitation for these features. This
exemption does not apply to Areaways. This exemption does not apply to light
wells and exterior basement stairwells which are not required by adopted Building
or Fire Codes.
i. The minimum projection necessary to accommodate an exterior -mount fire escape
to an existing building, as may be required by adopted Building or Fire Codes.
j. Uncovered porches, landscape terraces, slabs, patios, walks, landscape walls,
earthen berms, drainage swales, retaining walls, steps and similar structures,
which do not exceed thirty (30) inches vertically above or below natural grade or
finished grade, whichever is more restrictive. (Also see Chapter 26.410 —
Residential Design Standards for limits on the location of berms.) Improvements
may be up to thirty (30) inches above and below grade simultaneously, for up to a
sixty (60) inch total. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement.
'graphic' t "" { Formatted: Indent: Left: 0.25"
k. Fences and hedges less than forty-two (42) inches in height, as measured from - { Formatted: Bullets and Numbering
finished grade, are permitted in all required yard setbacks. Fences and hedges up
Ordinance No. 27, Series 2010 Page 16
to six (6) feet in height, as measured from finished grade, are permitted only in
areas entirely recessed behind the vertical plane established by the portion of the
building facade which is closest to the Street. This restriction applies on all
Street- facing facades of a parcel. (Also see Sect' n 26.575.050 — Supplementary
Regulations for limitations on fence materials.)
-
Jaraphicl 000
I. Driveways not exceeding twenty -four (24) inches above or below natural grade - Formatted: Bullets and Numbering
within any setback of a yard facing a Street. Within all other required setbacks,
finished grade of a driveway shall not exceed thirty (30) inches above or below
natural grade.
m. Parking may occur in required setbacks if within an established driveway or
parking area and the curb cut or vehicular access is from an alleyway, if an
alleyway abuts the property, or has otherwise been approved by the City.
n. Non - permanent features which are not affixed to the ground such as movable
patio furniture, outdoor seating or a picnic table, barbeque grills, children's play
equipment, and similar non permanent features which are not affixed to the
ground. This exemption shall not allow storage sheds or containers.
o. Hot tubs, spas, pools, water features, and permanently affixed outdoor grills,
furniture, seating areas, and similar permanent structures shall be prohibited in all
yards facing a Street. These elements may be placed within non -street facing
yards but shall not exceed thirty (30) inches above or below finished grade. These
features may be up to thirty (30) inches above and below finished grade
simultaneously. Improvements may exceed thirty (30) inches below grade if
determined to be necessary for the structural integrity of the improvement.
p. Heating and air conditioning equipment and similar mechanical equipment shall
be prohibited in all yards facing a Street. Mechanical equipment may be placed
within non -street facing yards but shall not exceed thirty (30) inches above or
below finished grade. These features may be up to thirty (30) inches above and
below finished grade simultaneously.
q. The height and placement of energy efficiency or renewable energy production
systems and equipment which are located adjacent to or independent of a building
shall be established by the Planning and Zoning Commission pursuant to the
procedures and criteria of Chapter 26.430 — Special Review. These systems are
discouraged in all yards facing a Street. For energy production systems and
equipment located on top of a structure, see Section * * *.
Ordinance No. 27, Series 2010 Page 17
r. Wildlife- resistant Trash and Recycling enclosures located in residential zone'- Formatted: Numbered + Level: 1 +
districts shall be prohibited in all yards facing a Street. These facilities may be Numbering Style: a, b, c, ... + Start
at: 1 + Alignment: Left + Aligned at:
placed within non - street facing yards if the enclosure is the minimum reasonably 0.25" + Tab after: 0.5" + Indent at:
necessary in both height and footprint, is an unconditioned space not integrated 0.5"
with other structures on the property, and serves no other purpose such as storage,
garage space, or other purposes unrelated to protecting wildlife. Wildlife- resistant
trash and recycling enclosures located in commercial, mixed -use, or lodging zone
districts are not exempt from setback requirements and shall comply with zone
district requirements for Utility/Trash/Recycle areas.
Temporary intermittent placement of trash and recycling containers in or along' Formatted: Indent: Left: 0.25',
yards facing a Street is allowed. For example, on "trash day." , Hanging: 0.25"
Enclosures shall be located adjacent to the alley where an alley borders the
property and shall not be located in a public right -of -way. Unless otherwise
approved by the Historic Preservation Commission, enclosures shall not abut or
be attached to a historic structure. Enclosures may abut other non - historic
structures.
L Measuring Building If! ights. = { Deleted: B
1. General. In measuring a building for the compliance with height restrictions, the.,„ ; --{ Deleted: h
measurement shall be the maximum distance measured vertically from the ground { Formatted: Bullets and Numbering
to the highest point of the building located above that point, as further described - -{ D i
below and subject to certain exceptions as also described below:
F ()Formatted: Indent: Left: 0.25" I
a. Measuring height along the perimeter of the building. At each location+ Formatted: 1st para indent 1 no,
where the exterior perimeter of a building meets the ground, the Numbered + Level: 2 + Numbering
measurement shall be taken from the lower of natural or finished grade. style: a, b, c, ... + start at: 1 +
Alignment: Left +Aligned at: 0.75"
Building permit plans must depict both natural and fmished grades. + Tab after: 1" + Indent at: 1"
b. Measuring height within the footprint of the building. For the purposes of { Formatted: Font: 12 pt
measuring height within the footprint of a building, areas of the building
within 15 horizontal feet of the building's perimeter shall be measured
using the perimeter measurement, as described above. In all other areas,
the natural grade of the site shall be projected up to the allowable height -- _. { Formatted: Font: 12 pt
and t height of the structure shall be measured using this projected -- { Formatted: Font: 12 pt
topography. -- ..-- IFormatted: Font: 12 pt
In instances where the natural grade of a property has been affected by
prior development activity, the Community Development Director may
accept an estimation of pre- development topography prepared by a
registered land surveyor or civil engineer. The Director may require
additional historical documentation, technical studies, reports, or other
information to verify a pre- development topography.
If necessary, the Community Development Director may require an• Formatted: 1st para indent 1 no,
applicant document natural grade, finished grade, grade being used within Indent: Left: 1 ", Tabs: 1 ", Left
Ordinance No. 27, Series 2010 Page 18
the footprint of the building, and other relevant height limitation { Formatted: Font: 12 pt
information that may need to be documented prior to construction.
c. Measuring to the roof - The high point of the measurement shall be taken-. { Formatted: Bullets and Numbering
from the surface of a structure's roof inclusive of the first laver of exterior
sheathing or weatherproofing membrane but excluding exterior surface
treatments such as shakes, shingles, or other veneer treatments or
ornamentation.
When measuring roofs to a point between the ridge and the eave point, thee- - -- -{ Formatted: Indent: Left: 1"
eave point shall be the point in the roof plane of a structure or building
which intersects with the exterior wall surface.
Eave Point { Formatted: Indent: Left: 1"
/ )
'
1
001.71°11.1-1.1 ,
' • I
li
Deleted: 8 ,
,) ,.[ ( Formatted: Indent: Left: 0.25"
Exterior Sheathing Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
i Deleted: <# >Methods of measurement
1
i for varying types of roofs. ¶
Ill ii In the Commercial Core (CC),
iii l; Commercial Lodge (CL), Neighborhood
Figure A: Eave Point and Exterior Sheathing of a Roof. i Commercial (NC) and
Service /Commercial/Industrial (S /C /I)
r Zone Districts, the height of the building
2. For properties in the Commercial Core (CC), Commercial (C1), Commerciale shall i bel the from maxi
thmum distance l fi
measured
vertcae natura or ni ms
Lodge (CL), Neighborhood Commercial (NC) and Service Commercial Industrial grade, w lly hichever is lower, to the top,
(SCI) Zone Districts, the height of the building shall be the maximum distance ii ridge or parapet of the structure. For
structures in all other Zone Districts, the
between the ground and the highest point of the roof top, roof ridge, parapet, Or height shall be measured as follows:
top -most portion of the structure. ;( Deleted: slope
( Deleted: the
3. For properties in all other Zone Districts, the height of the building shall be-e' i ,
Deleted: the maximum distance
measured according to the pitch of the roof as follows: - measured vertically
c . Deleted: from the natural or finished
a. Flat roofs or roofs with a pitch of less than 3:12. The height of . building grade, whichever is lower,
with a roof pitch of less that 3:12 shall be pleasured from the ground lo the ;" . " Deleted: top or ridge of a flat, mansard
or other roof with a slope of less than
top -most portion of the structure. 3:12
1 Ordinance No. 27, Series 2010 Page 19
(1 1,Th - . - -- Roof pitch
Parapet 3:12 or less
wall
Height Height of
Building
/ i
Figure fi: Measuring height for flat roofs or roofs with less than 3:12pitch - -- D 9
b. Roofs with a pitch from 3 :12 to 7 :12. The height of a building ,with a roof . - -{ Deleted: slope
pitch from 3:12 to 7:12,shall be measured from the ground jo the,point of the -- -- -Deleted: For roofs
roof halfway between the eave point and the ridge ,The ridge of h, roof shall u:;' { Deleted: slope
not extend jnore than five (5) feet above the maximum height limit. ;'I Deleted' , height
Deleted: vertically
Midpoint between eave pt. and ridge
Deleted: from the natural or finished
grade, whichever is lower,
Deleted: mean height
Ridge Deleted: ofd gable, hip, gambrel or
= �/ •, yyy other similar pitched roof.
'/
'‘, Deleted: a gable, hip, gambrel or other
pitched
Eave Point l Deleted: over
Height
i
Deleted: 10 `
-,-'" ,( Deleted: slope
' ; { Deleted: of
,. Deleted: 8
�, ( Deleted: or greater
Deleted: For roofs
Figure 71 Measuring height for roofs with pitch from 3:12 to
7'12 ' ', Deleted: slope of 8:12 or
Deleted: , height shall be measured
c. Roofs with a ,pitch 3greater than 2.12,, The height of a building with a roof / vertically
p itch greater than 7:12 shall be measured from the ,ground $0 1e point of they.-- Deleted: the natural or finished grade.
- - - - -- - - -- - -
roof one -third (Y3) of the distance up from the eave point to the ridge_,I'here whichever is lower,
shall be no limit on the height of the ridge. ., ,f Deleted: a
- {Deleted:
Ordinance No. 27, Series 2010 Page 20
1/3` point between -
eave pt. and Ridge
— —
4 0 • �� Ridge
Eave Point
Height
Figure & Measuring height for roof with pitch greater than 7:12 .. - - - -{ Deleted: 11 )
d. For roofs with multiple pitches within one vertical plane, the height of the roof
shall be measured using the methodology for the pitch of the highest element
as described above.
e. For barrel -vault roofs, height shall be measured by drawing a line within a
vertical section between the top -most point of the roof and the Eave Point(s)
and then applying the methodology for the resulting pitch of said line(s). ,
, Deleted: Chimneys and other
f. Dormers shall be excluded from the calculation of height if the footprint of the i appurtenances may extend up to a
maximum of two (2) feet above the ridge.
dormer is 50% or less of the roof plane on which the dormer is located. If ,
there are multiple dormers on one roof plane, the aggregate footprint shall be abm 0 5 Left + t 0 63 ", Left 0.56
/
used. Otherwise, dormers shall be included in the measurement of height / ;' r Deleted: d
according to the methods described above.
,( Deleted: antennas )
Deleted: other ,
4. Allowed Exceptions to Height Limitations Deleted: appurtenances
Deleted: Antennas,
a. ,Chimneys, flues, pnd „similar ;Willy apparatus. �Cjfimneys, flues, vents, and Deleted:
similar itility apparatus shall not extend Fiore than ten (10) feet above the - -- Deleted: or
height of the building at the point the device connects or more than ten (10) Deleted: structures
feet above the specified maximum height limit, for roofs with a pitch of D e l et ed : over
8:12 or greater, these elements may not extend Above the highest ridge of the -. Deleted: except
structure by more than required by adopted building codes. To Qualify for
this exception, the footprint of these features must be the minimum { Deleted: f
f Deleted: more than two (2) feet )
1 Ordinance No. 27, Series 2010 Page 21
41
1
reasonably necessary for its function the features must be combined to the
greatest extent practical. The height limitation of these features shall include { Deleted:
all caps, shields, coverings, spark arrestors, and similar appurtenances. „
b. Communications Equipment. Antennas, satellite dishes, and similar
communications equipment and devices shall comply with [telecom section'
c. Elevator and Stair Enclosures. On structures other than a single - family or
duplex residential building, elevator overrun enclosures and stair enclosures
may extend up to five (5) feet above the specified maximum height limit.
Elevator and stair enclosures may extend up to ten (10) feet above the
specified maximum height limit if set back from any Street facing facade of
the building a minimum of fifteen (15) feet and the footprint of the elevators
or stair enclosures are minimized and combined to the greatest extent
practicable.
For single - family and duplex residential buildings, elevator and stair
enclosures are not be allowed a height exception.
d. Rooftop Railings. On any structure other than a single - family or duplex
residential building, rooftop railings and similar safety devices permitting
rooftop access may extend no more than five (5) feet above the height of the
building at the point the railing connects. To qualify for this exception, the
railing must be the minimum reasonably necessary to provide adequate safety
and building code compliance and the railing must be 50% or more
transparent. For single- family and duplex residential buildings, rooftop
railings shall not be allowed a height exception.
e. Mechanical Equipment. Heating, ventilation, and air conditioning systems, ,and -{ Deleted: Water towers, solar panels
similar mechanical equipment located on top of a building „may extend t up to - -{ Deleted: shall not
give (5) feet above height of the a� t the point the equipment is { Deleted: over
attached. Mechanical equipment shall be combined and collocated to the { Deleted:
greatest extent practicable. Deleted: the specified maximum height
limit.
f. Energy Efficiency or Renewable Energy Production Systems and Equipment.
Energy efficiency systems or renewable energy production systems and
equipment including solar panels, wind turbines, or similar systems and the
system's associated equipment which is located on top of a building shall not
extend more than five (5) feet above the height of the building at the point
the equipment is attached. On any structure other than a single- family or
duplex residential building these systems may extend up to ten (10) feet
above height of the building at the point the equipment is attached. Certain
additional restrictions may apply pursuant to Commercial Design Review.
The height and placement of energy efficiency or production systems which
are not located on top of a building shall be established by the Planning and
Zoning Commission pursuant to the procedures and criteria of Chapter
Ordinance No. 27, Series 2010 Page 22 .
1
26.430 — Special Review. (Also see setback requirements for these systems
g. Church spires, bell towers and like architectural projections on Arts, Cultural* Formatted: Indent: Left: 0.5
and Civic buildings jnay extend over the height limit as may be approved Hanging: 0.25"
pursuant to Commercial Design Review. { Deleted: ,
Deleted: as well as
h. F a ole_ ma extend over the specified maximum height limit.
_ .g P � �' P � Deleted: f
Exceptions for buildings on slopes. The maximum height of a building's front*,• Deleted:
(street - facing) facade may extend for the first thirty (30) feet of the building's Deleted: 2
depth. '{ Formatted: Indent: Left: 0.5"
j. ,Exceptions for light wells. Exceptions for *light wells and basement stairwells. Deleted: 3.
A, i.ght well or basement stairwell, limited to that area required to meet Deleted: areaways,
adopted Building or Fire Codes entirely recessed behind the vertical plane Deleted; n
established by the portion of the building facade which is closest to the street, f Deleted: areaway,
end enclosed on all,sides to within eighteen (18) inches of the first floor level Deleted: of less than one hundred
(e.g. not a walk -out style light well) shall not be counted towards maximum (loo) square feet
permissible height. Deleted:
k. Exceptions for Areaways. An Areaway no more than one hundred (100) four (4)
square feet, entirely recessed behind the vertical plane established by the
portion of the building facade which is closest to the street, not projecting into Indent: Left: 0.5"
any required setback, and enclosed on all sides to within eighteen (18) inches Deleted: c.. Lot area. Except in the
of the first floor level (e.g. not a walk -out) shall not be counted towards R -15B Zone District, when calculating
maximum permissible height. floor area ratio, lot areas shall include
only areas with a slope of less than
.% twenty percent (20 %). In addition, half
(.50) of lot areas with a slope of twenty to
thirty percent (20 -30 %) may be counted
towards floor area ratio; areas with slopes
of greater than thirty percent (30 %) shall
be excluded. The total reduction in FAR
j. Measurini Site coverage. Site coverage is typically expressed as a percentage. attributable to slope reduction for a given
When calculating site coverage of a structure or building, the exterior walls of the site shall not exceed twenty -five percent
structure or building at ground level should be used. When measuring to the exterior i Also from total lot area for the
walls, the measurement shall be taken from the exterior face of framing, exterior face of purpose of floor area calculations in all
structural block, or similar exterior surface of the nominal structure excluding sheathing zone i is that o beneath the high
t water l linn e of f a body of f water r a an d nd that
vapor barrier, weatherproofing membrane, exterior - mounted insulation systems, and area within a vacated right -of -way or
within an existing or proposed dedicated
excluding all exterior veneer and surface treatments such as stone, stucco, bricks, right -of -way or surface easement. Lot
shingles, clapboards or other similar exterior veneer treatments. Porches, roofs or area shall include any lands dedicated to
balcony overhangs, cantilevered building elements and similar features extending directly system, City or County for d o public or trail system, any open irrigation ditch or any
over grade shall be excluded from maximum allowable site coverage calculations. lands subject to an above ground or
below ground surface easement such as
1 1j Measurement oillemolition. The City Zoning Officer shall determine if a building utilities e that do not
When coincide with road
calculating density, tot
is intended to be or has been, demolished by applying the following process of area shall have the same exclusions and
a : inclusions as for calculating floor area
calculation: 1 ratio except for exclusion of areas of
greater than twenty percent (20 %) slope.
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram (Deleted: D
showing the following:
%,( Deleted: E
Deleted: d
Ordinance No. 27, Series 2010 Page 23
1. The surface area of all existing (prior to commencing development) exterior wall Deleted: 26.575.040.. Yards.¶
assemblies above finished grade and all existing roof assemblies. Not counted in .4.. Projections into required yards.
Yards shall be unobstructed from the
the existing exterior surface area calculations shall be all existing fenestration ground to the sky except for the following
(doors, windows, skylights, etc.). allowed projections:¶
1. Building eaves — Eighteen (18)
2. The exterior surface area, as described above, to be removed. Wall area or roof inches;¶
area being removed to accommodate new or relocated fenestration shall be 2.. i chitectaral projections — Eighteen
(18)inches1
counted as exterior surface area being removed. 3.. Balconies not utilized as an exterior
3. The diagram shall depict each exterior wall and roof segment as a flat plane with passageway may extend the lesser of one -
third (V,,) of the way between the required
an area tabulation. setback and the property line or four (4)
feet!!
4.. Fire escapes required by the
Exterior wall assembly and roof assembly shall constitute the exterior surface of that International Building Code — Four (4)
element in addition to the necessary subsurface components for its structural integrity, feel]
5.. Uncovered porches, slabs, patios,
including such items as studs, joists, rafters etc. If a portion of a wall or roof structural walks, retaining walls, steps and similar
capacity is to be removed, the associated exterior surface area shall be diagrammed as structures, which do not exceed thirty
(30) inches above or below natural grade
being removed. If a portion of a wall or roof involuntarily collapses, regardless of the or finished grade, whichever is more
restrictive, shall be permitted to project
developers intent, that portion shall be calculated as removed. Recalculation may be into the yard without restriction.
necessary during the process of development and the Zoning Officer may require updated Projections may exceed thirty (30) inches
calculations as a project progresses. below grade if determined to be required
by the Chief Building Official for
window egress!!
Replacement of fenestration shall not be calculated as wall area to be removed. New, 6.. Fences, hedges, berms and walls less
relocated or expanded fenestration shall be counted as wall area to be removed. than six (6) feet in height, as measured
from natural grade, are permitted in all
required yard setbacks. (See
Only exterior surface area above finished grade shall be used in the determination of Supplementary Regulations — Section
demolition. Sub -grade elements and interior wall elements, while potentially necessary 26.575.050, Fences.).1
7. Driveways. Driveway access shall
for a building's integrity, shall not be counted in the computation of exterior surface area. not exceed a depth or height greater than
twenty-four (24) inches above or below
According to the prepared diagram and area tabulation, the surface area of all portions of grade within the required front yard
setback. Within all other required
the exterior to be removed shall be divided by the surface area of all portions of the setbacks, driveway access shall not
exterior of the existing structure and expressed as a percentage. The Zoning Officer shall exceed a depth or height greater than
thirty (30) inches above or below grade.
use this percentage to determine if the building is to be or has been demolished according Parking is only permitted within required
to the definition in Section 26.104.100, Demolition. If portions of the building setbacks if it is in an approved driveway
or other area approved for parking.¶
involuntarily collapse, regardless of the developer's intent, that portion shall be calculated 8.. Exterior merchandizing. Exterior
as removed. merchandizing in nonresidential zone
districts shall be prohibited in all required
yard setbacks.¶
It shall be the responsibility of the applicant to accurately understand the structural 9.. Mechanical equipment. Mechanical
capabilities of the building prior to undertaking a remodel. Failure to properly equipment shall be prohibited in all front
yard setbacks. On comer lots,
understand the structural capacity of elements intended to remain may result in an mechanical equipment may not be placed
involuntary collapse of those portions and a requirement to recalculate the extent of in the setback of any yard facing a street.¶
10.. Trash containers. Wildlife- resistant
demolition. Landowner's intent or unforeseen circumstances shall not affect the refuse containers and Dumpster
calculation of actual physical demolition. Additional requirements or restrictions of this enclosures that meet the requirements of
Chapter 12.08 of this Code (Wildlife
Title may result upon actual demolition. Protection) shall be allowed in the
setbacks. Permanent placement of trash
containers shall be prohibited in all front
yard setbacks. On corner lots, permanent
1, Measurement of Net Leasable Commercial r Space. The calculation of Net!` placement of trash containers shall .. f 11
Leasable Space shall include all interior space of a building measured from interior wall \ Formatted: Indent: Left: 0", First
to interior wall, including interior partitions and inclusive of all areas which can be leased line: 0 °, Tabs: 0.5 °, Left + Not at
98
to an individual tenant including offices, hallways, meeting rooms, display areas, {
showrooms, kitchens, dining rooms, coat rooms, bathrooms, storage, storage rooms, •, ` Formatted: Font: Italic
Formatted: Font: Italic
Ordinance No. 27, Series 2010 Page 24
walk -in refrigerators or freezers, changing rooms, waiting rooms and similar space which
may be leased to a tenant. The calculation of Net Leasable Space shall exclude pommon - - - --{ Deleted: , exclusive of any
area of a building not intended or designed to be leased to an individual tenant such as
ommon bathrooms, common stairways, common circulation corridors, common - Deleted: including, but not necessarily
mechanical areas, ,common storage areas or similar common spaces not intended or limited to, areas dedicated to
designed to be leased to an individual tenant. -- ; Delete and
-- Deleted: provided, however, that these
Permanently installed interior airlock spaces are exempt from the calculation of net•' -- areas are used solely by tenants on the
leasable space up to a maximum exemption of 100 square feet. Seasonal airlocks site.
• installed on the exterior of a building shall be considered Net Leasable Area and shall be Formatted: Indent: Left: 0 ", First
g line: 0"
subject to all requirements of the Land Use Code, including employee mitigation,
prorated according to the portion of the year in which it is installed.
Unless specifically exempted through other provisions of' this Title, outdoor displays
outdoor vending, and similar commercial activities located outside (not within a building)
shall also be included in the calculation of Net Leasable Space. The calculation of such
area shall be the maximum footprint of the display or vending apparatus. For vending
carts or similar commercial activities requiring an attendant, the calculation shall also
include a reasonable amount of space for the attendant. Vending machines shall not be
considered net leasable commercial space.
Formatted: Indent: Left: 0.38 ",
First line: 0"
J� frfeasurement of Net Livable Area. The calculation of Net Livable Area shall. -- { Formatted: Font: Italic
include all interior space measured from interior wall to interior wall, including interior ': •;; - {Formatted: Font: Bold, Italic
partitions and inclusive of, but not limited to, entryways or lobbies dedicated to only one Formatted: Indent: Left: 0", First
unit, habitable basements, and ! storage areas, closets and laundry areas accessible from line: 0 ", Tabs: 0.5 ", Left + Not at
the interior of a unit. Net livable Area shall not include Fommon circulation areas,,'--• 0.98"
common lobbies, common stairwells, common elevator corridors, or similar common Deleted: interior
spaces not intended or designed to be occupied by an individual tenant. Net Livable Area 'D eleted: ; but excluding
shall not include uninhabitable basements, mechanical areas, stairs, unconditioned
! storage accessible only from the exterior, ,garages, carports, patios, decks, porches or -{ Deleted: exterior
similar spaces. -{ Deleted: stairwells,
{ Deleted: (attached or unattached),
K� xce tions or Energy E_fficiencv. The Community Development Director mar '{ Deleted: and
approve exceptions to restrictions on Floor Area, Setbacks, Height, or Measurement Formatted: Justified
Demolition to accommodate the addition of energy production systems or energy Formatted: Font: Bold, Italic
efficiency systems or equipment in or on existing buildings when no other practical Formatted: Font: Bold, Italic 7
solution exists. The Community Development Director must first determine that the Formatted: Font: Bold, Italic
visual impact of the exemption is minimal and that no other reasonable way to implement
energy production or efficiency exists. Approval shall be in the form of a recordable
administrative decision.
L� Exceptions, for Building Code Compliance, The Community Development . - --{ Formatted: Font: Bold, Italic
Director may approve exceptions to restrictions on Floor Area, Setbacks, Height, or f Formatted: Font: Bold, Italic 3
Measurement of Demolition to accommodate improvements required to achieve Formatted: Font: Bold, Italic
Ordinance No. 27, Series 2010 Page 25
compliance with building, fire, or accessibility codes in or on existing buildings when no
other practical solution exists. The Community Development Director must first
determine that the visual impact of the exemption is minimal and that no other reasonable
way to implement code compliance exists. Approval shall be in the form of a recordable
administrative decision.
M tlppeals. An applicant aggrieved by a decision made by the Community. { Formatted: Justified
Development Director regarding this Calculations and Measurements Section may appeal ; { Formatted: Font: Bold, Italic
the decision to the Administrative Hearing Officer, pursuant to Chapter 26.316. •{ Formatted: Bullets and Numbering
Section 2:
Section 26.575.040 — Yards which section describes the allowances and limitations on
development within required yards (aka setbacks) shall be amended to read as follows, as
follows:
26.575.040 — Reserved
Section 3:
Section 26.410.040.B.1 — Secondary Mass — which section describes the design
requirements for residential structures, shall be amended as follows:
1. Secondary mass. All new single - family and
duplex structures shall locate at least ten
percent (10 %) of their total square footage
above grade in a mass which is completely principal building detached from the rinci al buildin o r linked
to it by a subordinate Jinkinpg element. This IN �_ ...-- - Meted: connectin
standard shall only apply to parcels within the ��rl
Aspen infill area pursuant to Subsection •
26.410.010.B.2. Accessory buildings such as
garages, sheds and accessory dwelling units
are examples of appropriate uses for the
secondary mass.
A subordinate linking element for the purposes of linking a primary and
secondary mass shall be at least ten (10) feet in length,, lot more than ten (10) feet - -{ Deleted: defined as an element
in width and with a plate height of not more than nine (9) feet. Accessible space . - -{ Deleted: ten (10) feet in length
over the linking element (e.g. a deck or other accessible area) is prohibited unless
approved pursuant to 26.410.020.D — Variances, Deleted: Linked pavilions six (6) feet
in width and ten (10) feet in length shall
be exempt from Subsection
26.575.020.A.8.
Section 4:
Ordinance No. 27, Series 2010 Page 26
1
P
Chapter 26.710 — Zone Districts — which Chapter defines and describes use and
dimensional allowances and limitations of development according to zone district
designations, shall be amended by using the term Gross Lot Area to describe minimum
required parcel sizes and the term Net Lot Area for all other dimensional allowances.
The affected Sections within the Chapter are: '
26.710.040.D. 26.710.050.D. 26.710.060.D. 26.710.070.D 26.710.080.D
26.710.090.D 26.710.100.D 26.710.110.D 26.710.120.D 26.710.130.D
26.710.140.D 26.710.150.D 26.710.160.D 26.710.170.D 26.710.180.D
26.710.190.D 26.710.200.D 26.710.220.D
These Sections shall be amended as provide in the following example:
26.710.050.D. Dimensional requirements. The following dimensional requirements
shall apply to all permitted and conditional uses in the Moderate - Density Residential (R-
15) Zone District.
1. Minimum Gross Lot Area (square feet): fifteen thousand (15,000). For lots .. - --{ Deleted: lot $tze
created by Section 26.480.030.A.4, Historic landmark lot split: three thousand
(3,000).
2. Minimumrlet Lot Area per dwelling unit (square feet): _____--f Deleted: lot area J
a. Detached residential dwelling: 15,000. For historic landmark properties:
3,000. .
b. Duplex: 7,500. For historic landmark properties: 3,000.
c. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): Seventy-five (75). For lots created by Section
26.480.030.A.4, Historic landmark lot split: Thirty (30).
4. Minimum front yard setback (feet):
a. Residential dwellings: twenty-five (25).
b. Accessory buildings and all other buildings: thirty (30).
5. Minimum side yard setback (feet): Ten (10).
6. Minimum rear yard setback (feet):
a. Principal buildings: 10
b. Accessory buildings: 5
7. Maximum height (feet): Twenty-five (25).
8. Minimum distance between detached buildings on the lot (feet): Ten (10).
9. Percent of open space required for building site: No requirement.
10. External floor area ratio (applies to conforming and nonconforming lots of
record):
Ordinance No. 27, Series 2010 Page 27
,,
,Net Lot _ Allowable Floor Area for Allowable Floor Area for Two , ---{ Deleted: Lot Size
Area Single - Family Residence* Detached Dwellings or One Duplex*
(Square
Feet) •
0 -3,000 80 square feet of floor area for each 90 square feet of floor area for each
100 square feet in Lot Area, up 100 square feet in Net Lot Are; up to__ . - --{ Deleted: lot area i
to a maximum of 2,400 square feet a maximum of 2,700 square feet of ' - f Deleted: lot area i
of floor area floor area
3,000 - 9,000 2,400 square feet of floor area, plus 2,700 square feet of floor area, plus 30
28 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area up to a maximum of 4,080 Area, up to a maximum of 4,500 --{ Deleted: lot area
square feet of floor area square feet of floor area. Dele lot area
9,000— 4,080 square feet of floor area, plus 4,500 square feet of floor area, plus 7
15,000 7 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Are; up to a maximum of 4,500 Areal up to a maximum of 4,920 - -- Deleted: lot area
square feet of floor area square feet of floor area M eted: lot area
15,000— 4,500 square feet of floor area, plus 4,920 square feet of floor area, plus 6
50,000 6 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Are; up to a maximum of 6,600 Areal up to a maximum of 7,020 . -- Deleted: lot area
square feet of floor area square feet of floor area - Deleted: lot area
50,000+ 6,600 square feet of floor area, plus 7,020 square feet of floor area, plus 3
2 square feet of floor area for each square feet of floor area for each
additional 100 square feet in Net Lot additional 100 square feet in Net Lot
Area Air q, _ . - -{ Deleted: lot area
( Deleted: lot area
Section 5:
)
Section 26.104.100 – Definitions, which section describes the meaning of terms used in ;( Deleted: or which are designed
the Land Use Code, shall be amended by replacing the following three terms and ( Deleted: , )
definitions, as follows: , Deleted: , exclusive of any area
including, but not necessarily limited to,
areas dedicated to bathrooms, stairways,
Net leasable commercial and office space. Those areas within a commercial ' circulation coridors, mechani areas
and storage areas provided, howe ver, that
or office building which are permitted to be leased to a tenant and occupied for ,/ these areas are used solely by tenants on
commercial or office purposed (Also see Section 26.575.020 – Calculations and ; the site.
Measurements.) ,( Deleted: available
Deleted: measured from interior wall to
interior wall, including interior partitions
and inclusive of, but not limited to,
Net livable area. The areas w n a ithi building designed to be used for ;' habitablebasem
are entsandinteriorstora
• closets and laun areas; but
habitation and human activity. (Also see Section 26.575.020 – Calculations and excluding uninhabitable basements,
Measurements.) • mechanical areas, exterior storage,
stairwells, garages (attached or
unattached), patios, decks and porches.
Ordinance No. 27, Series 2010 Page 28
Net Lot area. The total horizontal area contained within the lot lines of a lot
or other parcel of land less those areas of the property affected by certain physical
or legal conditions. (Also spe % Section 26.575.020, Calculations and { Deleted: s
Measurements). • Deleted: Supplementary Regulations —
Landscape terrace. An outdoor uncovered, at -grade space which may be
paved or planted.
Linked pavilion. An enclosed walkway connecting a primary structure to an
Deleted: (See Supplementary
accessory structure. Regulations — Paragraph
26.575.020(A)(8), Linked pavilion).
Porch. An uninsulated, unheated area under a roof, enclosed on at least one
side by an exterior wall of a ,building and open on at least two sides to the outdoors, .- { Deleted: living space
with or without screens.
Section 6:
Section 26.104.100 — Definitions, which section describes the meaning of terms used in
the Land Use Code, shall be amended by including the following term and definition:
Gross Lot area. The total horizontal area contained within the lot lines of a
lot or other parcel of land.
Patio, An outdoor uncovered -grade space which may be paved or unpaved. - - -- {Formatted: Font: Not Bold
(A "covered patio" connected to a living space or building is considered a Porch. { Formatted: Font: Not Bold
A "covered patio" not connected to any other building is considered a Gazebo. A
"sunken patio" is considered an Areaway. )
Gazebo. An uninsulated, unheated area under a roof, not connected with any
other building and open on all sides to the outdoors, with or without screens.
Areaway. An outdoor uncovered space developed below the grade of the
surrounding ground which may provide exterior access from a basement or lower
level of a structure and which may incorporate or be independent of required
egress.
Light well. An outdoor uncovered space developed below the grade of the
surrounding ground which provides egress from a basement or lower level of a
structure as required by adopted building or fire codes.
1 Ordinance No. 27, Series 2010 Page 29
Section 7:
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 8:
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 9:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 10:
A public hearing on the Ordinance was held on the 8 day of November, 2010, at 5:00 p.m.
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Section 11:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 25 day of October, 2010.
Attest:
Kathryn S. Koch, Michael C. Ireland,
City Clerk Mayor
FINALLY, adopted, passed and approved this day of , 2010.
Attest:
Ordinance No. 27, Series 2010 Page 30
Chapter 26.575 4•• i4
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Public Amenity
•
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility /trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26.575.110 Building envelopes.
26.575.120 Satellite dish antennas.
26.575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26.575.170 Fuel storage tanks
26.575.180 Restaurant.
26.575.190 Farmers' market.
26.575.200 Group
26.575.210 Lodge Occupancy Auditing
26.575.010 General.
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26.575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for cal-
culating and measuring certain enumerated terms as used in this Title. The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following
applies:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 59
1. General. In measuring floor area for the purposes of calculating floor area ratio and al-
lowable floor area, there shall be included that floor area within the surrounding exterior
walls (measured from their exterior surface) of a building, or portion thereof. When meas-
uring from exterior walls, the veneer and all exterior treatments shall be included. When
calculating areas with stairs, each floor -to -floor staircase is counted only once.
2. Decks, Balconies, Porches. Loggias and Stairways. The calculation of the floor area of -
a building or a portion thereof shall not include decks, balconies, exterior stairways, gaze-
bos, and similar features, unless the area of these features is greater than fifteen (15) percent
of the maximum allowable floor area of the building (the excess of the 15% shall be in-
cluded). Porches and landscape terraces shall not be counted towards FAR.
3. Garages, Carports and Storage Areas. In all zone districts except the R -15 -B zone district,
for the purpose of calculating floor area ratio and allowable floor area for a lot whose prin-
cipal use is residential, garages, carports, and storage areas shall be excluded up to a maxi-
mum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and
storage areas between two hundred fifty (250) and five hundred (500) square feet shall count
fifty (50) percent towards allowable floor area; all garage, carport and storage areas in ex-
cess of five hundred (500) square feet per dwelling unit shall be included as part of the resi-
dential floor area calculation. For any dwelling unit which can be accessed from an alley or
private road entering at the rear or side of the dwelling unit, the garage shall only be ex-
cluded from floor area calculations up to two hundred fifty (250) square feet per dwelling
unit if it is located on said alley or road; all garage, carport and storage areas between two
hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards
allowable floor area. For the purposes of determining the exclusion, if any, applicable to ga-
rages, carports, and storage areas, the area of all structures on a parcel shall be aggregated.
For garages that are part of a basement, the garage exemption is taken from the total below
grade area before the sub -grade calculation takes place. In the R -1B zone district, garage,
carport, and storage areas shall be limited to a five hundred (500) square foot exemption
4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calcu-
lating floor area, the following shall apply:
a. For any story that is partially above and partially below natural or finished grade, which-
ever is lower, the total percentage of exterior surface wall area that is exposed above the
most restrictive of the grades shall be the total percentage of the gross square footage of
the subject story included in the floor area calculation. Subgrade stories with no exposed
exterior surface wall area shall be excluded from floor area calculations.
(Example: If fifteen (15) percent of the exterior surface wall area has been exposed
above natural or finished grade (whichever is lower), then fifteen (15) percent of the
gross square footage of the subject story will be included as floor area.)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 60
b. For any dwelling unit that can be accessed from an alley or private road entering
at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the
exclusions described in sub - section a if it is located along said alley or road.
at -04 <d
c. In the R -15B zone district only, garages, carports, and storage areas shall be ex-
cluded from residential floor area calculations up to a maximum of five hundred (500)
square feet per dwelling unit.
5. (Repealed by Ord. No. 56 -2000, § 8)
6. Accessory Dwelling Units and Carriage Houses. An Accessory Dwelling Unit or
Carriage House shall be calculated and attributed to the allowable floor area for a par-
cel with the same inclusions and exclusions for calculating Floor Area as defined in
this Section, unless eligible for an exemption as described below:
Detached and permanently affordable ADU or Carriage House Floor Area Exemption.
One Hundred (100) percent of the Floor Area of an ADU or Carriage House which is
detached from the primary residence and deed restricted as a "For Sale" affordable
housing unit and transferred to a qualified purchaser in accordance with the As-
pen/Pitkin County Housing Authority Guidelines, as amended, shall be excluded from
the calculation of Floor Area, up to a maximum exemption of 1,200 square feet per
parcel.
7. Affordable Housing Bonus. The Floor Area of a parcel containing a single -
family or duplex residence and a permanently affordable "For Sale" ADU or Carriage
House located on the same parcel which has been transferred to a qualified purchaser
in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended, shall be eligible for an Affordable Housing Floor Area bonus equal to or
lesser than fifty (50) percent of the Floor Area of the associated ADU or Carriage
House up to a maximum bonus of six - hundred (600) square feet per parcel.
8. Linked Pavilion. Any element linking the principal structure to an accessory
structure shall not be included in the calculation of floor area provided that the linking
structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long.
Areas of linking structures in excess of ten feet in length shall be counted in floor area.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 61
9. Allocation of Non -Unit Space in a mixed -use building, In order to determine the
total floor area of individual uses in a mixed -use building, the total floor area for non -
unit space shall be allocated on a proportionate basis of the use categories outlined in
the subject zone district's FAR schedule. The building's gross floor area, minus all
non -unit space shall be divided amongst the individual use categories in a building.
These numbers shall then be calculated as a percent of the gross floor area number that
does not include the non -unit space. A proportionate share of the non -unit floor area
shall then be allocated towards each use category. This provision shall apply to all
zone districts permitting mixed -use buildings.
For instance, if a building was comprised of the following square footages:
2,000 sq. ft. commercial floor area
+ 4,000 sq. ft. free - market residential floor area
+ 2,000 sq. ft. affordable housing floor area
+ 1,000 sq. ft. of non -unit floor area
= 9,000 sq. ft. total floor area
Then, the total unit floor area in the building would be 8,000 sq. ft. floor area. Using
the Allocation of Non -Unit Space standard, the uses account for the following per-
centages of the total unit floor area:
commercial floor area = 25%
free - market residential floor area = 50%
affordable housing floor area = 25%
Therefore, the 1,000 sq. ft. of non -unit space is allocated to the different uses as follows:
commercial floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
free - market residential floor area = 50% x 1,000 sq. ft. = 500 sq. ft.
affordable housing floor area = 25% x 1,000 sq. ft. = 250 sq. ft.
(Ord. No. 12 -2007)
B. Building Heights.
1. Methods of Measurement for Varying Types of Roofs.
In the Commercial Core (CC), Commercial Lodge (CL), Neighborhood Commercial (NC),
and Service /Commercial/Industrial (SCI) Zone Districts, the height of the building shall be the
maximum distance measured vertically from the natural or finished grade, whichever is lower, to
the top, ridge, or parapet of the structure. For structures in all other zone districts, the height shall
be measured as follows:
City of Aspen Land Use Code. August, 2007.
Part 500, Page 62
a. Flat Roofs or Roofs With a Slope of Less Than 3:12. The height of the building shall
be the maximum distance measured vertically from the natural or finished grade,
whichever is lower, to the top or ridge of a flat, mansard, or other roof with a slope
of less than 3:12.
b. Roofs With a Slope From 3:12 to 7:12. For roofs with a slope from 3:12 to 7:12,
height shall be measured vertically from the natural or finished grade, whichever is
lower, to the mean height between the eave point and ridge of a gable, hip, gambrel
or other similar pitched roof. The ridge of a gable, hip, gambrel, or other pitched
roof shall not extend over five feet above the maximum height limit.
c. Roofs With a Slope of 8:12 or Greater. For roofs with a slope of 8:12 or greater, height
shall be measured vertically from the natural or finished grade, whichever is lower,
to a point one -third (1/3) of the distance up from the eave point to the ridge. There
shall be no limit on the height of the ridge. Chimneys and other appurtenances may
extend up to a maximum of two (2) feet above the ridge.
d. Chimneys, Antennas and Other Appurtenances. Antennas, chimneys, flues, vents or
similar structures shall not extend over ten (10) feet above the specified maximum
height limit, except for roofs with a pitch of 8:12 or greater, these elements may not
extend more than two (2) feet above the ridge. Water towers, solar panels, and me-
chanical equipment shall not extend over five (5) feet above the specified maximum
height limit. Church spires, bell towers and like architectural projections, as well as
flag poles, may extend over the specified maximum height limit.
2. Exceptions for Buildings on Slopes. The maximum height of a building's front (street fac-
ing) facade may extend for the first thirty (30) feet of the building's depth.
3. Exceptions for Areaways, Lightwells and Basement Stairwells. An areaway, lightwell or
basement stairwell of less than one hundred (100) square feet, entirely recessed behind the
vertical plane established by the portion of the building facade which is closest to the street,
and enclosed on all four sides to within eighteen (18) inches of the first floor level shall not
be counted towards maximum permissible height.
C. Lot Area. Except in the R15 -B zone district, when calculating floor area ratio, lot areas shall
include only areas with a slope of less than 20 %. In addition, half (.50) of lot areas with a slope of
20 -30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be ex-
cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed
25 %.
Also excluded from total lot area for the purpose of floor area calculations in all zone districts is
that area beneath the high water line of a body of water and that area within a vacated right -of -way,
or within an existing or proposed dedicated right -of -way or surface easement. Lot area shall include
any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irri-
gation ditch, or any lands subject to an above ground or below ground surface easement such as
City of Aspen Land Use Code. August, 2007.
Part 500, Page 63
utilities that do not coincide with road easements. When calculating density, lot area shall have the
same exclusions and inclusions as for calculating floor area ratio except for exclusion of areas of
greater than 20% slope.
D. Site Coverage. Site coverage is typically expressed as a percentage. When calculating site cov-
erage of a structure or building, the exterior walls of the structure or building at ground level should
be used. Porches, roofs, or balcony overhangs, cantilevered building elements and similar features
extending directly over grade shall be excluded from maximum allowable site coverage calcula-
tions.
E. Measurement of Demolition. The City Zoning Officer shall determine if a building is in-
tended to be, or has been, demolished by applying the following process of calculation:
At the request of the Zoning Officer, the applicant shall prepare and submit a diagram showing the
following:
1. The surface area of all existing (prior to commencing development) exterior wall assemblies
above finished grade and all existing roof assemblies. Not counted in the existing exterior
surface area calculations shall be all existing fenestration (doors, windows, skylights, etc.)
2. The exterior surface area, as described above, to be removed. Wall area or roof area being
removed to accommodate new or relocated fenestration shall be counted as exterior surface
area being removed.
3. The diagram shall depict each exterior wall and roof segment as a flat plane with an area
tabulation.
Exterior wall assembly and roof assembly shall constitute the exterior surface of that element in ad-
dition to the necessary subsurface components for its structural integrity, including such items as
studs, joists, rafters, etc. If a portion of a wall or roof structural capacity is to be removed, the asso-
ciated exterior surface area shall be diagrammed as being removed. If a portion of a wall or roof
involuntarily collapses, regardless of the developer's intent, that portion shall be calculated as re-
moved. Recalculation may be necessary during the process of development and the Zoning Officer
may require updated calculations as a project progresses.
Replacement of fenestration shall not be calculated as wall area to be removed. New, relocated or
expanded fenestration shall be counted as wall area to be removed.
Only exterior surface area above finished grade shall be used in the determination of demolition.
Sub -grade elements and interior wall elements, while potentially necessary for a building's integ-
rity, shall not be counted in the computation of exterior surface area.
According to the prepared diagram and area tabulation, the surface area of all portions of the exte-
rior to be removed shall be divided by the surface area of all portions of the exterior of the existing
structure and expressed as a percentage. The Zoning Officer shall use this percentage to determine
if the building is to be or has been demolished according to the definition of Demolition, Section
City of Aspen Land Use Code. August, 2007.
Part 500, Page 64
26.104.100. If portions of the building involuntarily collapse, regardless of the developer's intent,
that portion shall be calculated as removed.
It shall be the responsibility of the applicant to accurately understand the structural capabilities of
the building prior to undertaking a remodel. Failure to properly understand the structural capacity of
elements intended to remain may result in an involuntary collapse of those portions and a require-
ment to recalculate the extent of demolition. Landowner's intent or unforeseen circumstances shall
not affect the calculation of actual physical demolition. Additional requirements or restrictions of
ta his Title may result upon actual demolition.
Ord. No. 44 -1999, § 7; Ord. No. 55 -2000, § 14; Ord. No. 56 -2000, §§ 5, 6, 8; Ord. No. 25 -2001,
§ 6, 7; Ord. No. 46 -2001, § 4; Ord. No. 55, 2003 §4)
26.575.030 P c Amenity
A. rpose. The City of Aspen seeks a vital, • asant downtown Public environment. Public
enity contributes to an attractive commer and lodging district by creating public places •
settings conducive to an exciting pedesti . shopping and entertainment atmosphere. P • • amen-
ity can take the form of physical o • •erational improvements to public rights -o • ay or private
property within these districts. • .. is Amenity provided on the subject develop. ent site is referred
to as On -Site Public Ameni this section.
B. Applicabili , d Requirement. The requirements of this . - ction shall apply to the devel-
opment of all c. ercial, lodging, and mixed -use developme. 'thin the CC, C1, MU, NC, SCI,
L, CL, LP • LO Zone Districts This area represents As r s primary pedestrian- oriented down-
town, a - ell as important mixed -use, service, and lod :' g neighborhoods.
T -nty-five (25) percent of each parcel wi the applicable area shall be provided .: 'ublic
• enity. For redevelopment of parcels o • ich less than this twenty-five (25) p- -nt currently
exists, the existing (prior to redevelop • t) percentage shall be the effective r- • • rement provided
no less than ten (10) percent is re. '. -d. A reduction in the required public -. enity may be allowed
as provided in Section 26.575 ! 1 D., Reduction of Requirement. E - pt from these provisions
shall be development co ing entirely of residential uses. Also -xempt from these provisions
shall be the redevelo • -nt of parcels where no on -site Public ..- -nity currently exists, provided the
redevelopment is ' ited to replacing the building in its s. - dimensions as measured by footpri
height, and • .r area.
C. 'rovision of Public Amenity. The Pl. •' g and Zoning Commission or His c Preserva-
tio• ' ommission, pursuant to the review p 4 edures and criteria of Section 26. — Commercial
P - sign Review, shall determine the a.. opriate method or combination of ods for providing
this required amenity. One or mo : f the following methods may be use uch that the standard is
reached.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 65
the storage, display, and merchandising of goods and services; provided, however, that the pro-
hibition of this subsection shall not apply when such use is in conjunction with permitted com-
mercial activity on an abutting right -of -way or is otherwise permitted by the City. For outdoor
food vending in the Commercial Core District, also see Section 26.470.040(B)(3), Administra-
tive Growth Management Review.
10. Commercial Restaurant Use. The provisions above notwithstanding, required Public amen-
ity space may be used for commercial restaurant use if adequate pedestrian and emergency ve-
hicle access is maintained.
11. Design Guideline Compliance. The design of the public amenity shall meet the parameters
of the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guide-
lines.
(Ord. No. 55 -2000, § 15; Ord. No. 1 -2002 § 16, 2002; Ord. No. 23 -2004, §3; Ord. No. 5, 2005, §2;
Ord. No.13 -2007)
26.575.040 Yards.
A. Projections Into Required Yards. Yards shall be unobstructed from the ground to the sky ex-
cept for the following allowed projections:
1. Building eaves -- Eighteen (18) inches;
2. Architectural projections -- Eighteen (18) inches;
3. Balconies not utilized as an exterior passageway, may extend the lesser of one -third of the
V way between the required setback and the property line or four (4) feet.
4. Fire escapes required by the International Building Code - -Four (4) feet;
5. Uncovered porches, slabs, patios, walks, retaining walls, steps and similar structures, which
do not exceed thirty (30) inches above or below natural grade or finished grade, whichever
is more restrictive, shall be permitted to project into the yard without restriction. Projections
may exceed thirty (30) inches below grade if determined to be required by the chief building
official for window egress.
6. Fences, hedges, berms and walls less than six (6) feet in height, as measured from natural
grade, are permitted in all required yard setbacks. (See, Supplementary Regulations - Sec -
tion 26.575.050, Fences.).
7. Driveways Driveway access shall not exceed a depth or height greater than twenty -four (24)
inches above or below grade within the required front yard setback. Within all other re-
quired setbacks, driveway access shall not exceed a depth or height greater than thirty (30)
inches above or below grade. Parking is only permitted within required setbacks if it is in an
approved driveway or other area approved for parking.
City of Aspen Land Use Code. August, 2007.
Part 500, Page 69
8. Exterior merchandizing. Exterior merchandizing in non - residential zone districts shall be
prohibited in all required yard set backs.
9. Mechanical equipment. Mechanical equipment shall be prohibited in all front yard set-
backs. On corner lots, mechanical equipment may not be placed in the setback of any yard fac-
ing a Street.
10. Trash containers. Wildlife resistant refuse containers and dumpster enclosures that meet
the requirements of Section 12.08 of the Municipal Code (Wildlife Protection) shall be allowed
in the setbacks. Permanent placement of trash containers shall be prohibited in all front yard
setbacks. On corner lots, permanent placement of trash containers shall not be permitted in the
setback of any yard facing a Street.
The following supplemental regulations shall apply to all yards.
B. Required Yards Adjacent to Private Streets or Rights - of - way. Where there is no public dedica-
tion and the lot line extends into the right -of -way, the required yard setback shall equal the
minimum distance specified under the zone district regulations along the closest boundary of
the right -of -way to the proposed structure. When a property's lot line does not extend into the
right -of -way, the required yard setback shall equal the minimum distance specified under zone
district regulations from the lot line. Please refer to Figure 575.1, Required Setback from a Pri-
vate Road or Right -of -Way.
•
E R I 111
City of Aspen Land Use Code. August, 2007.
Part 500, Page 70
Figure 575.1 Required Setback from a Private Road or Right -of -Way
C. Corner Lots. On a lot bordered on two (2) sides by intersecting streets, the owner shall have a
choice as to which yard shall be considered as the front yard, such yard to meet minimum setbacks
for a front yard in that zone district. The remaining yard bordering a street shall be two- thirds (2/3)
of the required front yard setback distance for the zone district. The rear yard must coincide with
the rear alignment of neighboring lots regardless of which yard is considered the front yard by the
owner.
D. Transitional Yards. Where two (2) lots which share a common side lot line are in different
zone districts, the lot in the more intensive zone district shall observe the required yard setback dis-
A tance as established for the less intensive use zone district.
E. Non Aligned Lots. For any lot in the R -6 zone district in excess of nine thousand (9,000)
square feet which is not aligned along the traditional Aspen Townsite lot lines, the building inspec-
tor shall measure the side yards from the two (2) shortest sides of the lot which are opposite from
each other and the front and rear yards from the two (2) longest sides of the lot which are opposite
from each other.
26.575.045 Junk Y and Service Yards.
Junk yards (se coition, Section 25.104.100) shall be -ened from the view of oth lots, struc-
tures, us d rights -of -way. Service yards (See de tion, Section 26.104.100) • .• be fenced so
as n o be visible from the street, and suc . -nces shall be a minim • :' (6) feet high from
e. All fences shall be of sound cons • on and shall have not m. than ten (10) percent open
area.
26.575.050 Fences.
Fences shall be pe • fitted in every zone district • ovided that no fence shall e • ed six (6) feet
above natural • ..e or as otherwise regulated • • the Residential Design Stan. . • s or the Commer-
cial Desi. : andards (see Chapters 26.4: and 26.412). Fences visible • •m the public right -of-
way sh. .e constructed of wood, sto • , wrought iron or masonry. O. orner lots, no fence, retain-
ing . 1, or similar object shall b= -rected or maintained which . • cts the traffic vision, nor on
• er lots shall any fence, r- :ming wall, or similar obstru '•n be erected or maintained w
exceeds a height of forty -•-•o (42) inches, measured fro . • eet grade, within thirty (30) from
the paved or unpaved .adway. Plans showing propos•. construction, material, locatio d height
shall be presented . the building inspector before - .uilding permit for a fence i • ued. Addition-
ally, foliage sh. be placed and maintained so at it will not obstruct vehi visibility at inter-
sections. (0 '.. No. 55 -2000, § 16; Ord. No. -2007)
City of Aspen Land Use Code. August, 2007.
Part 500, Page 71
City Planning & Zoning Meeting — Minutes — June 01, 2010 ; - ° AA � 4 i
MOTION: m DeFrancia moved to a. I
ove Resolution #12, 2010 ap ving '•
with co itions, 8040 Greenline Re ' -w and Residential Design St ards for -.
B ' ing Orientation and Built o Lines; seconded by Jasmin ygre. Roll call
ote: Tygre, yes; Weiss, <.; Myrin, yes; DeFrancia, yes • eck, yes; Erspam ..
yes; Gibbs, no. ii. ..ved 5-2.
PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the public hearing for the Code Amendments. Chris Bendon
stated this was the section that describes how you measure all the heights, FARs,
and setbacks regarding development. Cliff Weiss said a lot of this discusses what
they have been discussing in the Aspen Area Community Plan but he was
concerned with the process. Weiss said that they need to prevent there from ever
being 15,000 square feet of sub -grade space. Weiss said there are some things that
overlap and some things he had concerns about were improving the code now from
changing it less than 6 months from now. Bendon said this section of the code
hasn't been touched in 15 or more years in any substantive way. Bendon said the
when Council and BOCC adopt the AACP one of the first things they are going to
have to do go through a massive work program; some will be very simple and
others with be extensive and require a consultant and a lot of staff time. Bendon
said they were trying to clean up the existing language without getting overly deep
into changing the substance and coming up with new things.
Bendon said the Calculations and Measurements Section included floor areas and
setbacks. There were provisions for what is allowed in setbacks; projections into
setbacks and how you measure heights. What is the net leasable and staff would
like to be closer to the industry.
Bendon asked the Commission for direction and guidance. Stan Gibbs asked what
Chris thought were the most significant. Bendon replied that Limitations from
time to time someone will want to exchange one non - conforming thing for another.
Bendon said that Measuring Lot Area and Slope was now a paragraph that tries in
text to describe what is easier described in a table that count towards the lot area
for lot area purposes and density purposes. Bendon said they reduced for slopes
once you get over 20% slopes except in the R -15B neighborhood. Slopes over
30% will be taken from the floor area. Bendon said that lot area is what you use to
decide the floor area.
5
City Planning & Zoning Meeting — Minutes — June 01, 2010
Bendon said that this was about putting more language into the code. Bendon said
that code says that you measure to the exterior of this surface material of the
building and the revised code says to measure to the sheathing and the building
permit plans are clear but it can add bulk in some buildings that add bricks or stone
to the sheathing. Bendon said there was a lot of room for interpretation so they
might want to look at it.
Bendon said there was an exemption for porches and there have been some
requests to do some exemptions on second level decks.
Bendon said that garages and carports were a graduated exemption up to 500
square feet. Weiss asked the motive of that paragraph for any dwelling unit.
Bendon replied that in 1997 when the city adopted Residential Design; the city
reduced the exemptions and made them only available if you used an alley if you
have an alley but you only get that 500 square foot exemption for the garage if you
have an alley. Weiss voiced concern for the heights of garages in some areas and
the vaulted areas become living areas. Weiss asked if there was anything to
address that in the code now. Bendon answered that it probably goes to the
discussion about attic space; it has sort of same function other than needing to get
up there. Weiss asked if attic space was the same as over a garage. Bendon
replied yes. Bendon said that in zone district R15B had the exemption for garages
and the exemption does not apply for multi - family commercial mixed use in
lodging buildings.
Bendon said that ADU count against the total square footage unless they are deed -
restricted and sold through the housing authority and then they do not count
whatsoever and you get an affordable housing bonus and half of that square
footage comes back to you as an additional FAR bonus.
Weiss asked for distinction between a permanent shed and temporary shed.
Myrin asked if the Wildlife- resistant Dumpster Enclosure could be attached to the
house. Bendon replied no because there may be other things in that part of the
structure; it needs to be an isolated area. Bendon said that he would clean up that
language.
Bendon said that for mixed use buildings you get an overall aggregate FAR for the
building and then there are individual FARs for each use. Bendon noted this gives
an example of the common space and there is a calculation for common space.
6
City Planning & Zoning Meeting — Minutes — June 01, 2010
Bendon said that setbacks are found through all the definitions; first you have to
figure out the front, side and rear lot lines and that tells you where the yards are
and there's something for non - aligned R6 lots, which never works. Weiss asked if
there was an appeal process. Bendon replied there was a process at the end of the
document for appeal process.
Gibbs asked about lots located on corners and asked how the front of the lot was
determined. Bendon replied it would be the house lining up with the front yards of
the other houses along that same block.
Bendon said there was a section on how to measure setbacks on private streets and
when the street moves along and the lot line down the center doesn't really
translate to the easement of the street so you use the boundaries of the street and
you measure from there.
Bendon said there is this piece on combined yards and that in R6 each side yard
has to be 5 feet and there has to be a combined of 15 so your house has to be
consistent. Weiss said for anything to project (second floor decks) into a setback
should not be allowed because that gets pretty close to the next building. Weiss
said that hedges can grow and block your view; he discussed berms and vegetation
blocking views from streets. Bendon responded it allows 42 inches in areas that
are the front facade facing the street. Alexander said so if there are 2 streets you
have to go 30 feet back from each intersection. Bendon said that engineering did
the sight triangle and he would make sure the language was the same.
MOTION: Cliff Weiss moved to extend the meeting to 7:15pm; Bert Myrin
seconded, all in favor, Approved.
Weiss said that solar panels could take advantage of this setback for front yards.
Bendon said there was a new provision of rooftop railings and they should not
exceed 5 feet and at least 50% transparent. Erspamer asked if the rooftop
mechanical equipment had to be setback. Bendon replied that in commercial
design review they do a reference.
Bendon said they wanted to put a provision in the code for net leasable space and
net livable area (common circulation areas). Bendon said under net leasable he
wanted to put an exemption for interior air lock spaces; those go away. Net livable
was all that you live in. There were 2 exemptions that can be provided at the
7
City Planning & Zoning Meeting — Minutes — June 01, 2010
community development level; energy efficiency and the same for building code
compliance. Bendon asked the commission to think about these.
MOTION: Jasmine Tygre moved to continue the Code Amendment to June 15`",
seconded by Brian Speck. All in favor, Approved.
Ad'ourned at 7:25pm
ialiii..'
h ackie Lothian, Deputy City Clerk
8
City Planning & . ning Meeting — Minutes — J e 15, 2010
about the FAR bu .0 do say how the developable 1. - as calculated. Myri • aid
that adding th- .entence in about what the code 's and that it may cha
Bendon s. . e didn't mind taking that Per , tion 26.710.080 out ... would
defer to itch about the addition of the 1 -. guage. Haas replied if ou take that out
yo . on't need to add anything else i • , it is what it is. Tygre . _ eed. Myrin stated
.t it was important because we ere relying on so much ' .ried and it might
come back. Haas responded .t he would not stand he and consider to not
having a vested right bu ' was okay to take the othe .art.
MOTION: Ber yrin moved to approve reso tion #013, series of 20 .1, Stream
Margin Revic for 69 Shady Lane with the - mination of the first s- - ton;
seconded . LJErspamer. Roll call: Ty: e, yes; Speck, yes; M n, yes; Weiss,
yes; E- .gamer, yes; Gibbs, yes. App'.ved 6 -0.
'ithdrawn MOTION: LJ pamer moved to rem' e the Fishing Easement
from Resolution #013 -10; -conded by Brian Spe
Discussion of mot' below: Myrin wante something in the Resoluti..- that said
the FAR calcu , ions will be at the time . the building permit. Be.. on said the
floor area : this parcel shall be pur-.ant to the zoning for this : and
accoro '. g to the land use code e --ctive at the time of the s . ission of the
b . ing permit. Myrin said - - would like to make that - otion.
Amending MOTION: Bert Myrin moved tha e floor area for this parcel sha
be pursuant to the oning for this parcel an.according to the land use code
effective at the . e of the submission o e building permit; seconded b asmine
Tygre. Appr- ed 5 -1 (LJ against)
CONTINUED PUBLIC HEARING:
Miscellaneous Code Amendments
Stan Gibbs opened the continued public hearing for the Code Amendments. Chris
Bendon stated this was a continued hearing on the section that describes how you
measure all the heights, FARs, and setbacks regarding development. Bendon went
through the Resolution that was changed from the last time in green and the table
that they were proposing for net lot area; this takes out for slopes, areas under high
water line and all of the things just talked about in the last application.
Bendon said that the concern that Cliff brought up regarding note #2, which sets a
basement on a property that can be reduced because of slope reduction. Bendon
provided a couple of options that he reviewed with Jim True and the commission
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City Planning & Zoning Meeting — Minutes — June 15, 2010
agreed on Option B "There shall be no reduction in Floor Area attributable to steep
slopes except that the total slope reduction shall not result in a property having less
than one - thousand square feet of floor area." Bendon said Option B is probably
more adaptable. Jasmine Tygre said that Option B provides more flexibility and if
the lot was very steep it would give more control over that.
Bendon said the next was measuring floor area and measuring to the exterior
sheathing, vapor barrier or weather proofing excluding any exterior veneer. So the
measurement is to the weather membrane not the exterior rocks.
Bendon said that attic space shouldn't count if it is a traditional attic space and
should count if it is going to be used like any other room in the building or can be
used like any other room in the building. "Unfinished and uninhabitable space
between the ceiling joists and roof rafters which is either inaccessible as only a
matter of necessity is exempt from floor area calculations."
Bendon said the sheds, storage units, and similar accessory structures count against
floor area if they are more than thirty inches in height. Weiss said he has a
Rubbermaid storage shed that he keeps his rakes, snow shovels and yard
equipment and it was 6 feet high, about 4 feet wide and 2 feet deep; and this would
count against his FAR. LJ Erspamer asked what were they trying to discourage
and we want to enclose our trash. Erspamer said that you can't even have a shed
and he doesn't have a garage. Gibbs suggested any shed under 50 square feet is
exempt and more than that counts 100 %. Erspamer wanted 100 square feet. Weiss
said that he was okay with 50 and was curious why LJ wanted 100. Tygre and
Weiss said that wasn't a shed it was a room. Bendon said that he wouldn't go
beyond 50 square feet. Tygre said 4 feet by 8 feet.
Bendon said the Wildlife Dumpster Enclosures in residential zone districts are
exempt from floor area. Gibbs said this was a particular use and had to be wildlife
resistant.
Bendon said that projections into setback couldn't be closer than 5 feet from the
next building.
MOTION: Cliff Weiss moved to extend the meeting to 7:15 pm, seconded by LJ
Erspamer. Approved 5 -1 (Jasmine, no)
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City Planning & Zoning Meeting — Minutes — June 15, 2010
Bendon said that energy systems were not appropriate in the front yard; if you
can't physically put it anywhere other than the front yard it ends up on top of your
building.
Myrin said that he has solar panels on his roof that are on the north and east sides
so they don't face the street and function until noon and didn't have to go through
HPC. Bendon said the question here was did you want to prohibit by definition in
the front yard.
Bendon said the next one was on page 12 of the resolution with the question why
do we regulate ridge height and we need know what the problem is first before we
attempt to fix it. Erspamer said that he was concerned where the measurement was
taken from; he asked if Chris was comfortable from measuring from the ground at
each point of the building. Erspamer voiced concern when the buildings were torn
down and all the soil was scraped and come back and nobody knows where the
original measurements were located so they need a variance because this is what
they have now. Bendon stated they measure from the lower of natural or finished
grade. Erspamer asked on a variable grade lot how do you take the average.
Bendon said that probably takes some discussion between the zoning officer and
the developer. Erspamer stated that you have to measure before they demolish.
Bendon replied yes, they wouldn't be grading because they need a development
permit to do that.
Bendon said the next was elevator and stair enclosures to exceed the height limit
by a certain amount only if they are setback so he suggested not to extend more
than 10 feet above the maximum specified height limit; if setback from the street
facing facade of the building a minimum of 15 feet. The footprint of the stair or
elevator enclosure must be a minimum reasonably necessary for its function.
Myrin asked if on top of that elevator was there still another 5 feet for mechanical;
does that set a new height for all of that stuff. Bendon responded no, you can't
take all of these things and stack them together and do something that you
wouldn't otherwise be allowed to do. Weiss asked how peaked roofs work with
this. Bendon replied that if the elevator has a sloped roof you would measure that
point and go down. Weiss said it was a chimney. Bendon answered say the height
limit is 25 feet so you have a provision for measuring steep sloped roofs; the height
of the elevator enclosure could go to 35, you are measuring to the top part of that
elevator enclosure.
MOTION: LJErspamer moved to extend the meeting until 7:30, Cliff Weiss
seconded, Approved 5 -1 (Jasmine , no).
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City Planning & Zoning Meeting — Minutes — June 15, 2010
Brian Speck excused himself at 7:15pm.
Bendon said on page 15 of the resolution is Site Coverage.
Bendon stated the last one was on page 16 of the resolution Exceptions for
Building Code Compliance. Bendon said the applicant needs to know what the
building is all about before you begin construction so they don't end up going to
Council to get a Code Amendment to deal with their particular situation.
Bendon said this resolution still needs all the graphics that support and explain all
the changes.
MOTION: Jasmine Tygre moved to approve the Code Amendment, Resolution
#014 -10; seconded by Cliff Weiss. Roll Call: Myrin, yes; Erspamer, no; Tygre,
yes; Weiss, yes, Gibbs, yes. Approved 4 -1.
d A d' oured am
ckie Lothian, Deputy City Clerk
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