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HomeMy WebLinkAboutagenda.council.regular.20121210 CITY COUNCIL AGENDA December 10, 2012 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT 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 #114, 2012 - Contract - Avaya Phone System b) Resolution # 117, 2012 - Stormwater Conveyance Cleaning and Video c) Resolution #108, 2012 - Revision to the EOTC 2012 1/2% Transit Sales & Use Tax Budget d) Resolution #109, 2012 - EOTC 2013 1/2% Transit Sales & Use Tax Budget e) Resolution #115, 2012 - Wheeler Balcony and Technology Upgrade Project Design Contract f) Resolution #116, 2012. State Energy Impact Assistance Grant Application for AABC Water Tie-In Project g) Minutes - November 26, 2012 VII. First Reading of Ordinances VIII. Public Hearings a) Resolution #113, 2012 - Adopting 2013 Mil Levy b) Ordinance #35, 2012 - .3% Sales Tax for Education c) Ordinance #31, 2012 - Code Amendment - Master Plans d) Ordinance #33, 2012 - Code Amendment - Historic Districts e) Ordinance #32, 2012 - Code Amendment: Affordable Housing Certificates f) Ordinance #25, 2012 - Code Amendment: CC and C1 Zone Districts g) Ordinance #23, 2012 - AspenModern Negotiation for Landmark Designation of 610 E. Hyman Avenue h) Ordinance #34, 2012 - Code Amendment - Accessory Dwelling Units and Growth Management i) Resoluton #118, 2012 - Code Amendment Policy Direction: Sign Code IX. Action Items X. Adjournment Next Regular Meeting January 14, 2013 COUNCIL’S ADOPTED GUIDELINES COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. • Stick to top priorities • Involve others in community problem solving • Be thorough, deliberate and accountable for consequences when making decisions Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Jim Considine, IT Department Director THRU: Click here to enter text. DATE OF MEMO: 11/7/2012 MEETING DATE: 11/26/2012 RE: Avaya Phone System REQUEST OF COUNCIL: See Staff Memo PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Capital monies have been budgeted in 2012 for replacement of the current phone system. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P1 VI.a Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P2 VI.a Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Jim Considine, IT Director THRU: Don Taylor, Finance/Admin Services Director DATE OF MEMO: 12/3/2012 MEETING DATE: 12/10/2012 RE: VanRan Contract for Avaya Phone System REQUEST OF COUNCIL: Approve contract for the acquisition and installation of an Avaya phone system to replace the current City/County Nortel system. PREVIOUS COUNCIL ACTION: Approved capital funding for 2012 BACKGROUND: Council has not discussed this before. DISCUSSION: The current Nortel system is 8 years old and has outlived its useful life. Nortel no longer exists and both replacement parts and support are problematic. The new system adds considerable value: • Reduced Infrastructure - We are acquiring an industry standard phone system that will operate on our existing data network. Since the current phone system operates on a separate physical network, we will be eliminating over 40 network switches and their associated costs. • Application Integration – Because the Avaya system utilizes standard internet protocols, it enables interoperability with workgroup applications, office productivity suites, and email. • Mobile Integration – A new feature titled “extension to mobile” allows any mobile device to act as an extension on the system and enables the same features of the standard desk phone on the mobile device. This functionality is available for laptop, iPad, iPhone, and Android. • Conferencing – Enhanced audio and video conferencing will be provided. Meeting rooms such as Council Chambers will be set up to enable up to 25 video conference attendees utilizing any device that is equipped with a camera, microphone, and speaker including mobile devices. Participants will be able to share content during the conference. In addition, participants equipped with video capabilities will be able to stream their video content to the conference. P3 VI.a Page 2 of 2 • Enhanced Productivity – System customers will have significantly greater control over their call handling features through web interfaces to the system. For example, incoming calls can be filtered by caller-id and time of day and accepted or redirected based upon configured preferences. Additional productivity is enabled through the “presence” feature; the phone system can access the calendars of others on the system and alert you to that person’s status (on the phone) and availability (in a meeting or on vacation). In general, the Avaya system is a unified communication system that incorporates eight years of technological advances in comparison to our current system. FINANCIAL/BUDGET IMPACTS: The costs associated with this system are below budget estimates and are shared with Pitkin County based upon relative number of extensions (City 312, County 254). The City share of the $338,585.14 contract is $186,640.57; the County share is $151,944.57. The annual maintenance and support costs are comparable to the previous system. Initially more IT Staff will be devoted to this project in order to rollout the system and acquaint Customers with the new features; total IT Staff time will not increase. ENVIRONMENTAL IMPACTS: Enhancements to mobile functionality and video conferencing improve our ability work anywhere, telecommute, and avoid unnecessary travel. RECOMMENDED ACTION: Approve VanRan contract. ALTERNATIVES: PROPOSED MOTION: I move to approve Resolution #114, Series of 2012, approving the VanRan contract for a new phone system CITY MANAGER COMMENTS: ATTACHMENTS: P4 VI.a RESOLUTION #114 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND VANRAN COMMUNICATION SERVICES INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for VoIP (Voice Over IP) Network Equipment and Installation, between the City of Aspen and VanRan Communication Services Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for VoIP (Voice Over IP) Network Equipment and Installation, between the City of Aspen and VanRan Communication Services Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10th day of December, 2012. 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, December 10, 2012. Kathryn S. Koch, City Clerk P5 VI.a P7 VI.a P8 VI.a P9 VI.a P10 VI.a P11 VI.a P12 VI.a P13 VI.a P14 VI.a P15 VI.a P16 VI.a P17 VI.a P18 VI.a P19 VI.a P20 VI.a P21 VI.a P22 VI.a P23 VI.a P24 VI.a P25 VI.a P26 VI.a P27 VI.a P28 VI.a P29 VI.a P30 VI.a P31 VI.a P32 VI.a P33 VI.a P34 VI.a P35 VI.a P36 VI.a P37 VI.a P38 VI.a P39 VI.a P40 VI.a P41 VI.a P42 VI.a P43 VI.a P44 VI.a P45 VI.a P46 VI.a P47 VI.a P48 VI.a P49 VI.a P50 VI.a P51 VI.a P52 VI.a P53 VI.a P54 VI.a Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: April Long, Stormwater Manager THRU: Trish Aragon and Scott Miller DATE OF MEMO: 12/3/2012 MEETING DATE: 12/10/2012 RE: Stormwater Conveyance Cleaning and Video REQUEST OF COUNCIL: See attached staff memo. PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: $30,000 from Stormwater operating budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P55 VI.b Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P56 VI.b MEMORANDUM TO: Mayor and Council FROM : April Long, P.E., Stormwater Manager THRU: Tricia Aragon, P.E., City Engineer Scott Miller, Asset Manager DATE OF MEMO: December 3, 2012 MEETING DATE: December 10, 2012 RE: 2012 Stormwater Conveyance Cleaning and Video SUMMARY: The City Manager has approved the expenditure of $30,000 as a sole source service, for the cleaning and videoing of stormwater conveyance systems within the Commercial Core and other downtown areas. DISCUSSION: Each year, the stormwater program inspects several thousand linear feet of stormwater pipes to determine maintenance, repair, or replacement needs. This typically requires approximately $10,000, which was the planned operations budget for this year. Anytime Sewer and Drain is the vendor chosen for this fall’s work. During the video inspection of several stormwater conveyance features within the Commercial Core this year, it became apparent that many of the pipes needed to be cleaned immediately to allow passage and prevent flooding during any upcoming storm or snowmelt events. As a result, the City Manager has authorized Anytime Sewer and Drain, as a sole source vendor, to clean and video identified portions of the City of Aspen’s stormwater system as soon as possible. FINANCIAL IMPLICATIONS: Funding Stormwater Budget for System Maintenance $30,000.00 Expenditures Original Anytime Sewer and Drain Contract $10,000.00 Immediate Cleaning Needs Change Order $20,000.00 TOTAL $30,000.00 P57 VI.b CITY MANAGER COMMENTS: P58 VI.b RESOLUTION #117 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ANYTIME SEWER AND DRAIN AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for cleaning of stormwater conveyance system, between the City of Aspen and Anytime Sewer and Drain, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for cleaning of stormwater conveyance system, between the City of Aspen and Anytime Sewer and Drain, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 10th day of December 2012. 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, December 10, 2012. Kathryn S. Koch, City Clerk P59 VI.b P61 VI.b P62 VI.b P63 VI.b P64 VI.b P65 VI.b P66 VI.b P67 VI.b P68 VI.b P69 VI.b P70 VI.b P71 VI.b P72 VI.b P73 VI.b P74 VI.b Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: John Krueger, Director of Transportation THRU: Revision to the EOTC 2012 1/2% Transit Sales & Use Tax Budget DATE OF MEMO: 11/29/2012 MEETING DATE: 12/10/2012 RE: Revision to the EOTC 2012 1/2% Transit Sales & Use Tax Budget REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P75 VI.c Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P76 VI.c P77 VI.c P78 VI.c P79 VI.c P80 VI.c P81 VI.c P82 VI.c P83 VI.c Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: John Krueger, Director of Transportation THRU: EOTC 2013 1/2% Transit Sales & Use Tax Budget DATE OF MEMO: 11/29/2012 MEETING DATE: 12/10/2012 RE: EOTC 2013 1/2% Transit Sales & Use Tax Budget REQUEST OF COUNCIL: See attached memorandcum PREVIOUS COUNCIL ACTION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: ALTERNATIVES: PROPOSED MOTION: P85 VI.d P87 VI.d P88 VI.d P89 VI.d P90 VI.d Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Randy Ready, Assistant City Manager THRU: Click here to enter text. DATE OF MEMO: 11/29/2012 MEETING DATE: 12/10/2012 RE: Wheeler Balcony and Technology Upgrade Project Design Contract REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: $313,835 out of Wheeler AMP Budget 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P91 VI.e Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P92 VI.e MEMORANDUM TO: Mayor Ireland and Council FROM: Wheeler Executive Director Gram Slaton THRU: Assistant City Manager Randy Ready DATE OF MEMO: 28 November 2012 RE: Wheeler Balcony Project – Architectural Team Selection and Contract Approval Request SUMMARY: The Wheeler Opera House, working closely with City Asset Management and representatives from the community, has selected Mills & Schnoering Architects LLC as its preferred provider of architectural services for the scheduled Wheeler Balcony and Technical Remodel project, previously discussed and approved for 2013. Request is made for Council’s approval of the contract for services with Mills & Schnoering so that work can begin at the earliest opportunity. BACKGROUND: Wheeler staff met with City Council several times in the second half of 2012 to discuss the need for a comprehensive renovation of the Wheeler Opera House’s balcony, in order to remedy audience comfort and life safety issues, and to simultaneously replace the Wheeler’s 1980s-era technology in its technical booth and other audience chamber areas, including replacement of its 35mm film exhibition equipment with DCP (Digital Cinema Projection) which will be the new industry standard by December 2013. Monies for this project were estimated through a “Balcony And Auditorium Rehabilitation Study” (Quinn Evans Architects, September 1, 2012) that included a comprehensive cost analysis and estimate performed by R.W. Brown & Associates, and this figure was included in the 2013 Capital Projects budget for the Wheeler. DISCUSSION Wheeler and City Asset Management staff solicited bids through a standard Request For Proposals process for architectural services for this important project, with a scope of work predicated on the Balcony Study done over the summer. The RFP was launched in early October, with bids closing November 9. The City/Wheeler received two proposals: one from Mills & Schnoering Architects, which in a previous incarnation as Farewell, Mills, & Gatsch Architects worked with the Wheeler on the development of ideas for a Wheeler Opera House expansion (2008/2009), as well as oversaw the Wheeler first-floor and basement renovation (2011). The other was from Quinn Evans Architects, which first worked with the Wheeler over the summer on the aforementioned balcony study. A selection team was formed, composed of Aspen Music Festival Operations Manager Karen Mulleny, Wheeler Board of Directors member Richie Cohen, City Asset Management members Scott Miller and Jeff Pendarvis, and Wheeler Production Manager Brad Spooner and Executive Director Gram Slaton. Assistant City Manager Randy Ready was also involved. Proposals were assessed on the following criteria: P93 VI.e Proposed Team 20% Relevant Experience 15% Challenges and Approach to Work 15% Sustainable Design 5% Historic Preservation 10% Technology and Selection 10% Fee Schedule 25% Final interviews were conducted with the two candidates on November 27. While the assessments and scoring tallies between the two firms were close, the unanimous choice of the selection committee was Mills & Schnoering Architects. The qualities that gave Mills & Schnoering the decisive edge included a clarity of focus, conscientious concern about “scope creep” (wherein additional work is added in because of opportunity that then possibly compromises both schedule and budget), a well-defined and implementable project timeline, and long history of completing compacted projects on time and at or under budget. FINANCIAL IMPLICATIONS: This project is included in the 2013 budget as a Capital Project, in the amount of $2.9 million, as previously discussed with Council in both work session and budget review. Funding for this design and engineering contract, in the amount of (not to exceed) $313,835 is included in the overall project budget. This portion of the project is on budget within the scope of its total expense. Wheeler and Asset Manager staff feel that the proposed fees are reasonable. The firm is reputable and has successfully worked with the Wheeler previously, and has a provable track record of bringing complex projects to completion on time and at or under budget. RECOMMENDATION/COMMENT: Wheeler staff and board recommend approval of the contract with Mills & Schnoering Architects LLC. CITY MANAGER COMMENTS: P94 VI.e RESOLUTION # 115 (Series of 2012) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND MILLS & SCHNOERING ARCHITECTS LLC, FOR THE PURCHASE OF ARCHITECTURAL SERVICES FOR THE WHEELER OPERA HOUSE BALCONY AND THEATRE TECHNOLOGY REMODEL PROJECT, 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 Mills & Schnoering Architects LLC, a copy of which contract 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 contract between the City of Aspen, Colorado, and Mills & Schnoering Architects LLC, regarding purchase of architectural services for the Wheeler Opera House balcony and theatre technology capital project, 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 December 10, 2012. Kathryn S. Koch, City Clerk P95 VI.e P97 VI.e P98 VI.e P99 VI.e P100 VI.e P101 VI.e P102 VI.e P103 VI.e P104 VI.e P105 VI.e P106 VI.e P107 VI.e P108 VI.e P109 VI.e P110 VI.e P111 VI.e WH E E L E R  OP E R A  HO U S E Ba l c o n y  Re m o d e l ST A F F I N G  HO U R S  AN D  FE E MS M M A B 1 A B 2 M W J S M + S a KL & A B G F D A K 2 K 2 L D C B & F CO N S U L T S U B PI C P R E S P M P A T E C H P A T O T A L S T R U C T M E P T H E A T E R A C O U S T I C S A / V L I G H T C O S T  ES T T O T A L T O T A L S PR E D E S I G N  AN D  PL A N N I N G Ga t h e r / r e v i e w  Do c u m e n t s  an d  Se t ‐up  Ba s e  Dr a w i n g s 8 1 6 Ki c k ‐of f  Me e t i n g 4 4 4 4 26 2 2 4 2 Ex i s t i n g  Co n d i t i o n  As s e s s m e n t  an d  Pr o b e  Re v i e w 2 1 2 8 1 2 6 1 2 4 6 Pr o g r a m m i n g  In t e r v i e w s 8 8 8 42 4 4 Pr e p a r e  Pr o g r a m m i n g  Na r r a t i v e 8 8 22 4 Up d a t e  Co d e  St u d y   24 Pr e s e n t  Pr e l i m i n a r y  Fi n d i n g s  to  Ci t y 2 2 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0 1 0 0 4 2 4 2 0 1 4 8 1 6 8 Es t i m a t i n g  an d  Re v i e w 4 4 Fi n a l i z e  Sp e c i f i c a t i o n s  an d  Ge n e r a l  Co n d i t i o n s 2 4 1 2 2 2 8 4 Di v i s i o n  1 an d  Bi d  Do c u m e n t s 1 6 7 Id e n t i f y  an d  fi n a l i z e  Al t e r n a t e s 4 8 2 In t e r n a l  Re v i e w 88 2 2 Fi n a l i z e  Do c u m e n t s 2 8 1 6 2 4 1 2 0 1 4 2 4 Fi n a l i z e  Co n s t r u c t i o n  Ma n a g e m e n t  Pl a n 1 2 2 1 Co n s t r u c t i o n  Do c u m e n t a t i o n  Re v i e w  Mt g s 2 2 2 4 Is s u e  Pe r m i t / B i d  an d  Co n s t r u c t i o n  Do c u m e n t s 44 4 Es t i m a t e d  Tr a v e l * 24 To t a l  Ho u r s 19 1 1 0 8 1 1 2 2 0 0 8 4 4 8 3 2 7 2 4 7 2 0 4 4 2 4 0 0 To t a l  Pr o p o s e d  Fe e $4 , 0 0 0 $ 2 5 0 $ 1 5 , 0 0 0 $ 1 2 , 5 0 0 $ 1 6 , 6 0 0 $ 8 5 0 $ 4 9 , 2 0 0 $ 3 , 2 0 0 $ 8 , 5 0 0 $ 9 , 5 0 0 $ 3 , 2 0 0 $ 4 , 8 2 0 $ 2 , 5 0 0 $ 0 $ 3 1 , 7 2 0 $8 0 , 9 2 0 CO N S U L T A N T S MI L L S  + SC H N O E R I N G  AR C H I T E C T S P113 VI.e MS M M A B 1 A B 2 M W J S M + S a KL & A B G F D A K 2 K 2 L D C B & F CO N S U L T S U B PI C P R E S P M P A T E C H P A T O T A L S T R U C T M E P T H E A T E R A C O U S T I C S A / V L I G H T C O S T  ES T T O T A L T O T A L S CO N S U L T A N T S MI L L S  + SC H N O E R I N G  AR C H I T E C T S PR E C O N S T R U C T I O N  PH A S E Pe r m i t  Re v i e w 44 2 Tr a d e  Bi d d i n g / F i n a l i z e  Co n t r a c t s 2 2 2 4 2 In i t i a l  Su b m i t t a l  Re v i e w  an d  Lo n g ‐le a d  Or d e r i n g 2 2 4 2 4 2 4 8 Fi n a l  Su b m i t t a l s 2 2 2 4 2 4 2 3 8 4 1 2 Fi n a l  Ch a i r  Se l e c t i o n / S a m p l e / O r d e r 2 2 1 6 4 Pr e c o n s t r u c t i o n  Ph a s e  Me e t i n g s 4 4 4 2 4 4 Es t i m a t e d  Tr a v e l * 24 6 To t a l  Ho u r s 8 0 8 7 4 7 4 1 2 1 7 6 4 2 1 1 8 4 1 2 8 0 0 To t a l  Pr o p o s e d  Fe e $1 , 8 0 0 $ 0 $ 1 , 2 0 0 $ 7 , 0 0 0 $ 6 , 0 0 0 $ 1 , 5 0 0 $ 1 6 , 5 0 0 $ 4 0 0 $ 2 , 6 2 5 $ 3 , 5 0 0 $ 5 0 0 $ 1 , 4 0 0 $ 1 , 0 0 0 $ 0 $ 9 , 4 2 5 $ 2 5 , 9 2 5 CO N S T R U C T I O N  AD M I N I S T R A T I O N  AN D  CL O S E ‐OU T Pr o g r e s s  Me e t i n g s 1 2 2 0 9 6 8 1 2 Re s p o n s e  to  Co n t r a c t o r  RF I ' s 16 1 6 2 4 1 2 8 Pu n c h l i s t   16 1 6 4 4 8 2 4 8 Cl o s e o u t  (r e v i e w  as ‐bu i l t s ,  pr o v i d e  fi n a l  CD s ,  et c . ) 8 8 1 2 4 4 4 Es t i m a t e d  Tr a v e l * 48 1 8 2 4 To t a l  Ho u r s 12 0 0 6 0 7 2 1 4 8 2 9 2 2 4 3 4 2 8 8 3 6 8 0 0 To t a l  Pr o p o s e d  Fe e $2 , 7 0 0 $ 0 $ 0 $ 7 , 5 0 0 $ 6 , 8 0 0 $ 1 6 , 0 0 0 $ 3 3 , 0 0 0 $ 2 , 4 0 0 $ 4 , 2 5 0 $ 6 , 0 0 0 $ 1 , 2 0 0 $ 4 , 9 6 0 $ 1 , 0 0 0 $ 0 $ 1 9 , 8 1 0 $ 5 2 , 8 1 0 TO T A L S TO T A L  PR O P O S E D  FE E $1 9 , 0 0 0 $ 1 , 1 5 0 $ 2 8 , 7 0 0 $ 4 9 , 0 0 0 $ 4 8 , 0 0 0 $ 2 1 , 2 0 0 $ 1 6 6 , 0 5 0 $ 1 2 , 0 0 0 $ 2 5 , 1 2 5 $ 3 4 , 0 0 0 $ 1 2 , 3 0 0 $ 2 5 , 5 6 0 $ 8 , 0 0 0 $ 2 , 8 0 0 $ 1 1 9 , 7 8 5 $ 2 8 5 , 8 3 5 ES T I M A T E D  RE I M B U R S A B L E S Es t i m a t e d  at  10 %  of  Fe e : $ 2 8 , 0 0 0 NO T E S 1.  Es t i m a t e d  Tr a v e l *  fo r  M+ S a  is  bi l l e d  at  Te c h  St a f f  ra t e . 2.  Re i m b u r s a b l e  ex p e n s e s  wi l l  be  bi l l e d  at  co s t . 3.  Se e  at t a c h e d  sh e e t  fo r  es t i m a t e d  me e t i n g  at t e n d a n c e  ma t i r i x P114 VI.e Wheeler Opera House BALCONY REDESIGN Staff Trips to Aspen Mi l l s  + Sc h n o e r i n g  Ar c h i t e c t s ,  LL C Lo c a l  Pr o j e c t  Ar c h i t e c t Fi s h e r  Da c h s  As s o c i a t e s Be a u d i n  Ga n t z KL & A ,  In c . K2 Li g h t i n g  De s i g n  Co l l a b o r a t i v e Be c k e r  Fr o n d o r f Predesign and Planning Kick‐off/Program/Survey (1)4111111 Progress (1)31 Schematic Design/Design Development Kick‐off Meeting (1)211 Progress/Presentation211 Construction Documentation Kick‐off Meeting (1)11 Progress21 Presentation1 Approvals2 Bidding and permitting Approvals1 Progress1 Construction Administration PHASE Construction Administration Progress (6)2241211 Punchlist/Closeout2211111 Mills + Schnoering anticipates a combination of site visits and conference calls throughout  the project.This summary indicates planned site visits which may include multiple staff  making simultaneous visits.   All consultants will attend the kick‐off meeting at the  beginning of the project to become familiarwith the project and staff, one interim meeting  during construction to check on the progress of the work and one visit for punchlist. Local  P115 VI.e Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Mike McDill, Deputy Director of Utilities THRU: Dave Hornbacher, Director of Utilities DATE OF MEMO: 11/30/2012 MEETING DATE: 12/10/2012 RE: Resolution No. _______, 2012. State Energy Impact Assistance Grant Application for AABC Water Tie-In Project REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Potential $200,000 grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P117 VI.f Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P118 VI.f Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Mike McDill, Deputy Director of Utilities THRU: Dave Hornbacher, Director of Utilities DATE OF MEMO: 11/30/2012 MEETING DATE: 12/10/2012 RE: Resolution No. 116, 2012. State Energy Impact Assistance Grant Application for AABC Water Tie-In Project REQUEST OF COUNCIL: We request that Council authorize the Water Department to submit an application for a State Energy Impact Assistance Fund (EIAF) grant to assist with the construction of the AABC Water Tie-In Project in the amount of $200,000. PREVIOUS COUNCIL ACTION: Council approved budget to construct this project in 2009 with an additional allocation in 2012. BACKGROUND: The purpose of this project is to extend a second water source to serve the AABC area and to the Airport. This second water connection will provide additional capacity and looped service to this area, which has been served by a single line for some time. DISCUSSION: This grant will provide State assistance with this project and preserve money in the Water Fund for other future system improvements identified in the nearly completed Master Plan, and reduce the burden of this project on our rate payers. FINANCIAL/BUDGET IMPACTS: If approved in the full amount requested, this grant would provide $200,000 of State Assistance to this project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P119 VI.f Page 2 of 2 ENVIRONMENTAL IMPACTS: This project will cross the Deer Hill Conservation Area and we are budgeting funds to fully reclaim that area immediately following construction. The project is being combined with the construction of the Reuse Line and the Electric Fund’s Second Feed over this same area to minimize the extent and time that the Deer Hill Conservation Area will be disturbed. Click here to enter text. RECOMMENDED ACTION: Staff recommends that the Council approve the attached Resolution authorizing us to submit this application. ALTERNATIVES: The alternatives would be to: • Not participate in this grant program and continue to support all of the future water system improvements only through local sources with no chance of State assistance. • Delay submitting this application until the next grant cycle for this program, which is April 1, 2013. PROPOSED MOTION: “I move to approve Resolution # 116-2012, authorizing the City Manager to submit an application to the Colorado Department of Local Affairs Energy Impact Assistance Grant Program in the amount of $200,000 for the AABC Water Tie-In Project.” CITY MANAGER COMMENTS: ATTACHMENTS: A – EIAF Grant Application P120 VI.f P121 VI.f Page 1 of 8 Rev. 7/12 STATE OF COLORADO # (For Use by State) Department of Local Affairs ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM APPLICATION Tier I or Tier II Applications Must Be Submitted Electronically - Directions on Last Page A. GENERAL AND SUMMARY INFORMATION 1. Name/Title of Proposed Project: AABC Waterline Tie-in 2. Applicant: City of Aspen (In the case of a multi-jurisdictional application, name of the "lead" municipality, county, special district or other political subdivision). In the case of a multi-jurisdictional application, provide the names of other directly participating political subdivisions: 3. Chief Elected Official (In the case of a multi-jurisdictional application, chief elected official of the "lead" political subdivision): Name: Mick Ireland Title: Mayor Mailing Address: 130 South Galena Street Phone: (970) 920-5199 City/Zip: Aspen, CO 81611 Phone: E-Mail Address: Mick.Ireland @cityofaspen.com 4. Designated Contact Person (will receive all mailings) for the Application: Name: Mike McDill Title: Deputy Utility Director Mailing Address: 130 South Galena Street Phone: (970) 429-1994 City/Zip: Aspen, CO 81611 Phone: (970) 319-9685 E-Mail Address: Mike.mcdill@cityofaspen.com 5. Amount of Energy/Mineral Impact Funds requested: (Tier I; Up to $200,000 or Tier II; Greater than $200,000 to $1,000,000) $200,000 6. Brief Description of the Project: (The reason for this project application in 100 words or less) The City of Aspen currently serves the whole Aspen Airport Business Center (AABC) area of approximately 135 customers, including the Aspen Airport, through a single 18-inch line, which extends from the vicinity of the Aspen Lodge to the southwest corner of this development. Any interruption of this 4,000-foot long line results in this whole area and the Airport being without domestic water or fire protection. This project will bring an additional 12-inch waterline from the southeast into this area’s network to insure continuous availability of drinking water and fire protection. 7. Local priority if more than one application from the same local government (1 of 2, 2 of 2, etc.) N/A P123 VI.f Page 2 of 8 B. DEMOGRAPHIC AND FINANCIAL INFORMATION. 1. Population a. What was the 2010 population of the applicant jurisdiction? 6,658 b. What is the current population? 6,819 (Current/most recent conservation trust fund/lottery distribution estimate is acceptable.) What is the source of the estimate? State Demographer c. What is the population projection for the applicant in 5 years? 7,700 What is the source of the projection? 2.5% per year from State Demographer 2. Financial Information (Current Year): In the column below labeled “Applicant” provide the financial information for the municipality, county, school district or special district directly benefiting from the application. In the columns below labeled “Entity”, provide the financial information for any public entities on whose behalf the application is being submitted (if applicable). Complete items “a through i” for ALL project types: Applicant Entity Entity a. Assessed Valuation (AV) Year: 2012 $1,280,000,000 b. Mill Levy 4.586 mills c. Property Tax Revenue (mill levy x AV) $5,900,000 d. Sales Tax (Rate/Estimated Annual Revenue) 2.1% / $11,200,000 % / $ % / $ e. Total General Fund Budget $21,900,000 f. Total Applicant Budget (Sum of General Fund and all Special or Enterprise Funds) $95,200,000 g. Total Multi-year Debt Obligations for all Fund Types* $2,800,000 h. Total Lease-Purchase and Certificates of Participation obligations* N/A i. General Fund Balance (Reserves) as of January 1 of this current calendar year. $9,200,000 For projects to be managed through a Special Fund other than the General Fund (e.g. County Road and Bridge Fund) or managed through an Enterprise Fund (e.g. water, sewer, county airport), complete items “j through n”: Identify the relevant Special Fund or Enterprise Fund: City of Aspen Water Fund j. Special or Enterprise Fund Budget Amount (2012) $9,491,746 k. Special or Enterprise Fund Multi-Year Debt Obligations* $ -0- l. Special or Enterprise Fund Balance (Reserves) on January 1 of this calendar year (2013) $3,498,816 m. Special or Enterprise Fund Lease-Purchase and Certificate of Participation Obligations* $ -0- n. Special Fund Mill Levy (if applicable) N/A For Water and Sewer Project Only complete items “o through q”: o. Tap Fee $8,060/ECU p. Average Monthly User Charge (Divide sum of annual residential revenues by 12 and then divide by the number of residential taps served.) $24.50/Mo. q. Number of Taps Served by Applicant 3,850 taps * Include the sum of the year-end principal amounts remaining for all multi-year debt obligations, lease purchase agreements or certificate of participation notes P124 VI.f Pa g e 3 o f 8 C. P R O J E C T B U D G E T . L i s t e x p e n d i t u r e s a n d s o u r c e s o f r e v e n u e f o r th e p r o j e c t . T h e t o t a l s o n e a c h s i d e o f t h e l e d g e r m u s t e q u a l . Ex p e n d i t u r e s S o u r c e s o f R e v e n u e (D o l l a r f o r D o l l a r C a s h M a t c h i s E n c o u r a g e d ) Fu n d i n g Co m m i t t e d Li s t B u d g e t L i n e I t e m s ( E x a m p l e s : a r c h i t e c t , e n g i n e e r i n g , c o n s t r u c t i o n , eq u i p m e n t i t e m s , e t c . ) Li s t t h e s o u r c e s o f m a t c h i n g f u n d s a n d i n d i c a t e e i t h e r c a s h o r do c u m e n t a b l e i n - k i n d c o n t r i b u t i o n Ye s / N o Ca s h In - K i n d Co n s t r u c t i o n $ 2 0 0 , 0 0 0 En e r g y / M i n e r a l I m p a c t F u n d G r a n t Re q u e s t $2 0 0 , 0 0 0 No *E n e r g y / M i n e r a l I m p a c t F u n d L o a n Re q u e s t ( I f a p p l i c a b l e ) $ - 0 - No En g i n e e r i n g F i n a l D e s i g n a n d B i d Do c u m e n t s $ 3 8 , 7 0 0 C i t y o f A s p e n $ 3 8 , 7 0 0 Y e s Co n s t r u c t i o n $8 0 9 , 6 0 0 C i t y o f A s p e n $ 8 0 9 , 6 0 0 Y e s Co n s t r u c t i o n t e s t i n g & O b s e r v a t i o n $4 0 , 5 0 0 C i t y o f A s p e n $ 4 0 , 5 0 0 Y e s TO T A L $8 8 8 , 8 0 0 TO T A L $8 8 8 , 8 0 0 $ - 0 - Pl e a s e a t t a c h a m o r e d e t a i l e d b u d g e t i f a v a i l a b l e * L o a n s wi t h a 5 % i n t e r e s t r a t e m a y o n l y b e a w a r d e d f o r p o t a b l e wa t e r a n d s e w e r p r o j e c t s . L e a v e b l a n k i f a l o a n i s n o t r e q u e s t e d . P125 VI.f Page 4 of 8 D. PROJECT INFORMATION. The statutory purpose of the Energy and Mineral Impact Assistance program is to provide financial assistance to “political subdivisions socially or economically impacted by the development, processing or energy conversion of minerals and mineral fuels.” 1. Demonstration of Need: a. Why is the project needed at this time? The city currently has a large area, which is served by only a single delivery point. Any interruption of that delivery pipeline will result in loss of domestic water and fire protection for that whole area, including our local airport. In 2012, the City made the budget commitment to start this second feed project. b. How does the implementation of this project address the need? This second feed pipe system to the AABC area will provide municipal standard redundancy of drinking water and fire protection to this large area of our system. c. Does this project, as identified in this application, completely address the stated need? If not, please describe additional work or phases and the estimated time frame. Do you anticipate requesting Energy and Mineral Impact Assistance funds for future phases? This application will allow us to complete this project. d. What other implementation options have been considered? Because this area is bounded on the east by a deep canyon carrying the Roaring Fork River and on the west by State Highway 82 and the Airport property, the project will be constructing this line over a very steep ridge and across a sensitive conservation easement area. The alignment options are very limited. We did consider boring through the ridge, or some portion of it, but initial cost estimates for all variations of this option were much higher than the standard trench approach. e. What are the consequences if the project is not awarded funds? Eventually the City will need to fund the cost of this project to insure adequate water service to this area. The rate payers in our community will be additionally burdened by this extra cost. 2. Measurable Outcomes: a. Describe measurable outcomes you expect to see when implementation of this project is complete. How will the project enhance the livability* of your region, county, city, town or community (e.g. constructing a new water plant will eliminate an unsafe drinking water system and provide safe and reliable drinking water; the construction of a new community center will provide expanded community services, or projects achieving goals regarding energy conservation, community heritage, economic development/diversification, traffic congestion, etc.)? *(Livability means increasing the value and/or benefit in the areas that are commonly linked in community development such as jobs, housing, transportation, education, emergency mitigation, health and environment) Constructing this second feed pipeline will bring the dependability of our water system in the AABC area up to municipal standards for both drinking water and firefighting needs. b. How many people will benefit from the project? (i.e., region, county, city, town, community, subdivision, households or specific area or group; or any portion thereof) At an average on 4 people per commercial service and average airport use of 1,230 passengers per day, this project will benefit about 1,770 people per day within this portion of our service area. c. How will the outcome of the project be measured to determine whether the anticipated benefits to this population actually occur? We will be able to isolate the two feed lines to flush, repair leaks, and otherwise maintain them separately, without interrupting service in the area, and the whole system will be demonstrably more dependable. d. Does this project preserve and protect a historic building, facility or structure? If yes, please describe. No, not to my knowledge. e. Will this project implement an energy efficiency/strategy that could result in less carbon footprint or conserve energy use or capitalize on renewable energy technology? If yes, please describe. Although the City of Aspen has a goal of providing 100% renewable power to our customers by 2015, this project will not, in itself, reduce carbon footprint, conserve energy, or use any renewable energy technology. 3. Relationship to Community Goals a. Is the project identified in the applicant’s budget or a jurisdictionally approved plan (e.g. capital improvement plan, equipment replacement plan, comprehensive plan, utility plan, road maintenance and improvement plan or other local or regional strategic management or planning document)? What is its ranking? This project is identified in the 2012 and 2013 Water Fund budgets, in our Long Range Water Plan, and in our nearly completed Water Utility Master Plan. It is one of only two major construction projects scheduled for 2013. P126 VI.f Page 5 of 8 4. Local Commitment and Ability to Pay a. Why can’t this project be funded locally? Most (77%) of the project will be funded locally. Without this grant we will eventually fund it all, because of the significant need. This grant assistance will allow the project to be completed in 2013 with less ultimate burden to our rate payers, which will help preserve our capital fund to address the $48 million of needed repairs, upgrades, and replacements identified in our nearly complete 2012 Master Plan. b. Has this project been deferred because of lack of local funding? If so, how long? It was originally programed for 2012, but other conflicts required it to be delayed until 2013. An affordable housing project is being constructed at the southerly terminus of this new line and we had to wait for them to complete their portion of this waterline in the summer of 2012 before we could contract for the rest of the connection. We still need to finalize two easements toward the northern connection. Negotiations have progressed to the point that draft easement agreements have been delivered to both of the parties. The conservation group is still finalizing the restoration plan across their conservation easement. All of these items will be in place by the spring of 2013. c. Explain the origin of your local cash match. (Note: Whenever possible, local government cash match on a dollar for dollar match basis is encouraged.) City funding will come from the Water Utility Fund, which is fully supported by water use fees. d. What other community entities, organizations, or stakeholders recognize the value of this project and are collaborating with you to achieve increased livability of the community? Please describe how your partners are contributing to achieve the improvement to the livability of the community through this project. If in-kind contributions are included in the project budget, detailed tracking will be required on project monitoring report. This is solely a Water Utility project. i. Please describe the level of commitment by each collaborator. (e.g. fee waivers, in-kind services, fundraising, direct monetary contribution, policy changes.) All of our local funding will be direct monetary contribution. ii. Please list the value of the resources that each collaborator is bringing to the program. e. Has the applicant dedicated the financial resources in their current budget, reserve funds and/or unused debt capacity that are being used for the local matching funds? Explain if No Yes. f. Have the applicant’s tax rates, user charges or fees been reviewed recently to address funding for the proposed project? The City Council will approve new rates with the 2013 budget for our water system based on a complete rate study. g. If the tax rate, user charges or fees were modified, what was the modification and when did this change occur? City Council will approve an approximately 4% increase to go into effect January 1, 2013. h. Has the applicant contacted representatives from local energy or mineral companies to discuss the project? If yes, when was the contact and what was discussed. The abandon mining operations in and around the City of Aspen and our drinking water source areas do not have any current mineral operators. i. Has the applicant requested financial support from the industry? If yes, when was the contact, what amount did you request? What were the results? If no, why not? No, none are available to my knowledge. 5. Readiness to Go a. Assuming this project is funded as requested, how soon will the project begin? What is the time frame for completion? Our schedule is to complete the design and easement negotiations by end of February 2013; bid the work in March or April; and start construction by the first of June, with completion by the end of the 2013 construction season. b. Describe how you determined that the project can be completed within the proposed budget as outlined in this application? Are contingencies considered within the project budget? We have had a couple of contractors look at the project and confirm this plan’s constructability and approximate cost. c. Has the necessary planning been completed? How? What additional design work or permitting must still be completed, if any? When? How did the applicant develop project cost estimates? Is the project supported by bids, professional estimates or other credible information? Please attach a copy of any supporting documents. Our design consultant, Merrick & Co., provided the design and the current cost estimates with input from a couple of local contractors. 6. Energy & Mineral Relationship a. Describe how the applicant is, has been, or will be impacted by the development, production, or conversion of energy and mineral resources. P127 VI.f Page 6 of 8 The attached map illustrates the numerous historic mining claims in the immediate area around the City of Aspen. Some of these mines, like the Durant, still discharge water which is managed through the City. Other abandon operation left tailing piles, some of which threaten to contaminate either Maroon or Castle Creeks (our primary raw water sources). Two areas in our service area have soil which are, or were, designated Super Fund Sites due to the high concentrations of chemicals like arsenic and lead. b. To further document the impact in the area, name the company or companies involved, the number of employees associated with the activities impacting the jurisdiction and other relevant, quantitative indicators of energy/mineral impact. Since these operations are all abandoned, this information is no longer readily available. It would take serious and probably expensive research to develop this information. 7. Management Capacity a. How will you separate and track expenditures, maintain funds and reserves for the capital expenditures and improvements as described in this project? This project is budgeted as a separate account in the Water Fund and all expenses will be process through this account. b. Describe the funding plan in place to address the new operating and maintenance expenses generated from the project? This improvement will actually make it easier to maintain this portion of our distribution system, because we will now be able to manage the two feeds separately, instead of only doing maintenance on the single line when all affected parties are ready and willing. c. Describe the technical and professional experience/expertise of the person(s) and/or professional firms responsible to manage this project. Merrick & Company is a long standing professional consulting firm. Their local staff has been involved in nearly every one of our water system improvements for the past eight years. Both the Deputy Director and the Utility Engineer for the Water Utility are registered Colorado Professional Engineers. All of the local consulting and utility staff have multiple years of project management experience. d. Does the project duplicate service capacity already established? Is the service inadequate? Has consolidation of services with another provider been considered? The City is the only water provider in this area. The single line serving this area does not meet a standard of looped service to provide the redundancy generally expected for fire protection and dependable domestic service. There is no other water provider to consolidate with in this area. E. HIGH PERFORMANCE CERTIFICATION (HPCP) PROGRAM COMPLIANCE. Colorado Revised Statutes (C.R.S. 24-30-1301 to 1307) require all new facilities, additions, and renovation projects funded with 25% or more of state funds to conform with the High Performance Certification Program (HPCP) policy adopted by the Office of the State Architect (OSA) if:  The new facility, addition, or renovation project contains 5,000 or more building square feet; and  The project includes an HVAC system; and  In the case of a renovation project, the cost of the renovation exceeds 25% of the current value of the property; and  The project has NOT entered the design phase prior to January 1, 2008. The HPCP requires projects achieve the highest possible LEED certification with the goal being LEED Gold. Projects are strongly encouraged to meet the Office of the State Architect’s (OSA) Sustainable Priorities in addition to the LEED prerequisites. Projects funded through DOLA are required to participate in the OSA's registration and tracking process. See DOLA’s HPCP web page for more information or contact your DOLA regional manager. In instances where achievement of LEED Gold certification is not practicable, an applicant may request a modification of the HPCP policy or a waiver if certain conditions exist. Please answer the following questions: 1. What is the total building square footage of the new facility, addition, or renovation? None 2. Does the project include an HVAC system? Yes No X 3. Is the project a renovation? (If no, please skip to Question 6 below.) Yes No X 4. What is the current property value*? $ 5. What is the total project cost for the renovation? $ 6. Will you need assistance locating resources, third party consultants, or technical assistance for LEED requirements, preparing cost estimates, or otherwise complying with the HPCP? P128 VI.f Page 7 of 8 Yes No X Explain F. TABOR COMPLIANCE. 1. Does the applicant jurisdiction have the ability to receive and spend state grant funds under TABOR spending limitations? Explain: Yes, the City voters approved lifting any TABOR spending and revenue limitations, except for ad valorem property tax, in the November 1994 election, ballot question 2B, by a vote of 1368 to 561. 2. If the applicant jurisdiction receives a grant with Federal Mineral Lease funds, will the local government exceed the TABOR limit and force a citizen property tax rebate? No, receipt of a grant with Mineral Lease funds will not force a rebate, since the restrictions on spending and revenues from all sources except property taxes were eliminated with the approval of the ballot question referenced above. 3. Has the applicant jurisdiction been subject to any refund under TABOR or statutory tax limitations? Explain. No. 4. Has the applicant sought voter approval to keep revenues above fiscal spending limits? Explain. Yes, see #1, above. 5. Are there any limitations to the voter approved revenues? (e.g., Can revenues only be spent on law enforcement or roads?) There are no limitations to the voter approved revenues. 6. If the applicant jurisdiction is classified as an enterprise under TABOR, will acceptance of a state grant affect this status? Explain. No, because even with this $200,000 DOLA grant the enterprise fund will receive less than 10% of its annual revenues in grants from all Colorado state and local governments combined. G. ENVIRONMENTAL REVIEW. Indicate below whether any of the proposed project activities: 1. Will be undertaken in flood hazard areas. Yes No X List flood plain maps/studies reviewed in reaching this conclusion. Describe alternatives considered and mitigation proposed. 2. Will affect historical, archeological or cultural resources, or be undertaken in geological hazard area? Yes No X Describe alternatives considered and mitigation proposed. 3. Address any other related public health or safety concerns? Describe. Yes No X P129 VI.f Page 8 of 8 APPLICATION SUBMISSION INSTRUCTIONS AND OFFICIAL BOARD ACTION DATE (REQUIRED) Application and attachments must be submitted electronically in WORD .DOC (Preferred) or .PDF Format (Unsecured) to: ImpactGrants@state.co.us In email subject line include: Applicant Local Government name and Tier for which you are applying -example- Subject: Springfield County EIAF Grant Request, Tier 1 NOTE: Please do not submit a scanned application (scanned attachments ok). (If you are unable to submit electronically please contact your DOLA regional manager) For any questions related to the electronic submittal please call Bret Hillberry @ 303.866.4058 Attachments List (Check and submit the following documents, if applicable):  Preliminary Engineering Reports  Cover Letter X  Architectural Drawings X  Cost Estimates X  Detailed Budget  Map showing location of the project X  Map showing local mine sites X  Attorney’s TABOR decision ***************************************************************************************************************************************** Official Board Action taken on December 10, 2012 Date Submission of this form indicates official action by the applicant’s governing board authorizing application for these funds. \(H:)\Grants\Aspen EIAF Grants\AABC EIAF Application P130 VI.f Regular Meeting Aspen City Council November 26, 2012 1 SCHEDULED PUBLIC APPEARANCE – Abetone, Italy ........................................................... 2 CITIZEN COMMENTS ................................................................................................................. 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 CONSENT CALENDAR ............................................................................................................... 3 FIRST READING OF ORDINANCES .......................................................................................... 4 RESOLUTION #107, SERIES OF 2012 – Approving 2013 Budget ............................................. 6 ORDINANCE #25, SERIES OF 2012 - Code Amendment CC and C-1 Zones ............................ 7 ORDINANCE #26, SERIES OF 2012 – Parks Bonds Refunding................................................ 11 ORDINANCE #27, SERIES OF 2012 – Supplemental Appropriation ........................................ 11 ORDINANCE #28, SERIES OF 2012 – Code Amendment – Hearing Officer ........................... 12 ORDINANCE #29, SERIES OF 2012 – Adoption of 2013 Fees ................................................. 12 ORDINANCE #30, SERIES OF 2012 – Water Rate Adjustment ................................................ 13 RESOLUTION #103, SERIES OF 2012 – South Aspen Street Lodge Project ........................... 13 P131 VI.g Regular Meeting Aspen City Council November 26, 2012 2 Mayor Ireland called the meeting to order at 5:15 PM with Councilmembers Skadron, Frisch, Torre and Johnson present. SCHEDULED PUBLIC APPEARANCE – Abetone, Italy Alessandro Molta, general counsel, Rolando Galli, and Gianpiero Dante, Mayor of Abetone, briefed Council on background of Abetone, Italy, and efforts to become sister cities with Aspen. Mayor Ireland said this is an opportunity for Aspen’s students to become more experienced in culture and history. Mayor Ireland read a proclamation that this partnership is a commitment to the development of education and that Aspen recognizes a valuable exchange of ideas. Mayor and Council proclaimed November 26th as Abetone Friendship day. CITIZEN COMMENTS There were none. COUNCILMEMBER COMMENTS 1. Councilman Johnson noted kids are back in school; the mountains are open; snowmaking on Aspen mountain lead to a great world cup races. 2. Councilman Skadron thanked the Ski Company for getting the mountains ready for the World Cup races. 3. Councilman Frisch said Aspen looked great on television for the ski races. Councilman Frisch congratulated Michaela for her results in the World Cup races. 4. Councilman Torre said the World Cup ski races this year were a true mind, body spirit event. 5. Mayor Ireland said global warming is a reality. Italy has had no snow so far this year. Mayor Ireland noted Council needs to take measures in case a drought is proclaimed. 6. Mayor Ireland congratulated everyone who went out and cheered on the ski racers for the World Cup. 7. Chris Bendon, community development department, suggested Council move the two call up items at the end of the agenda to December 3. Steve Barwick, city manager, recommended moving Resolutions #111 and 112 to December 3rd. Jim True, city attorney, noted the Charter requires two regular meetings every month and said Council should set a December 3rd meeting to comply with the Charter requirement. 8. Mayor Ireland brought up the parking at the new art museum and requested staff schedule a work session to discuss the alternatives for those two blocks. P132 VI.g Regular Meeting Aspen City Council November 26, 2012 3 CONSENT CALENDAR Resolution #111, Series of 2012 – Ruedi Water Acquisition – Dave Hornbacher, water department, told Council the Bureau of Reclamation has offered for sale the remaining available water from Ruedi. The memorandum outlines the benefits of purchasing 400 acre feet from Ruedi Reservoir. Phil Overeynder told Council this is probably the last opportunity to acquire water from Ruedi. The city subscribed ten years ago for 1000 acre feet but the cost was too high at that time. The BOR is offering 19,500 acre feet and there is a single entity who would like to acquire 10,000 acre feet. It is anticipated that the full 19,500 acre feet will be fully subscribed and this may be the city’s last opportunity to acquire this water. Overeynder said there are questions on why the city would want to expand their water supply. Overeynder said the city has projects in its water management program that could be implemented, some of which are funded in the asset management plan and some are long term projects that are not funded. Overeynder noted water would be released out of Ruedi to satisfy downstream users in a water shortage condition. Overeynder told Council the city delivers about 3,000 acre feet of water/year; this acquisition would be 12.5% of that total. Staff identified about 40 acre feet of water necessary for the reclaimed water system and for ponds to make up for evaporation. Overeynder noted the unknown, climate change, could change the circumstances. Studies have been done on the water supply, which show there is enough water in the water system to meet all the current needs; however, the changes in the hydrology in the future are not known. Runoff has been occurring earlier in the season requiring supplemental water supplies. Mayor Ireland asked if the city contributes to in-stream flows on a temporary basis and releases it if necessary. Overeynder said that would depend on how the mechanism to provide those supplies is set up. There is the potential to meet the needs for drought mitigation as well as provide water on a temporary basis. Overeynder said buying this water would allow the city to release water from Ruedi to satisfy downstream needs to keep Aspen’s uses in priority and to continue to use the water up here. Otherwise more senior rights downstream would call out Aspen’s uses in the upper valley. Councilman Torre said he would like to know where in between the 40 to 400 acre feet is necessity and why the city is asking for 400 acre feet. Councilman Torre asked about city practices with park and pond development and 40 acre feet is evaporation are different practices necessary. Councilman Torre stated he is in favor of protecting Aspen’s water rights but would like a clearer picture of how this fit in. Councilman Skadron asked if this is a hedge against uncertain water demands. Overeynder said the 40 acre feet is that; if hydrology does not change, the city will not need the remaining 360 acre feet. This is the only chance for the city to buy this water. Mayor Ireland moved to continue Resolution #111, Series of 2012, to December 3; seconded by Councilman Torre. All in favor, motion carried. Resolution #112, Series of 2012 – Mitigating Transportation Impacts from Development – Jessica Garrow, community development department, told Council this is a joint project with environmental health, transportation and engineering and is a result of the implementation steps P133 VI.g Regular Meeting Aspen City Council November 26, 2012 4 of the AACP suggested to Council in March. Ms. Garrow said one of the steps was to figure out how to make sure development is mitigating transportation impacts and make sure the process is clear and consistent. Currently there are no clear standards on what is required for transportation studies. Staff came to Council in May with a study, mitigating impacts of development, and Council identified two items to move forward; employee generation numbers and making sure development is mitigating its transportation impacts. Staff had an RFP process and received 6 responses to that RFP and recommends Fehr & Peers because they have experience in resort communities and their tool has been tested through the courts. Ms. Garrow noted Fehr & Peers’ proposal noted what is happening here in Aspen; that they are going to do specific traffic counts on how much transportation impacts a lodge generates, how mixed use development falls into that. Fehr & Peers has a user friendly tool to help people evaluate development proposals. Ms. Garrow said this can be phased to first do the data gathering and then check in with Council to make sure they want to continue with this project. Ms. Garrow said staff feels this is important to make sure the development process is predictable. Councilman Johnson said he supports this direction but would like to be clearer on what the city is going to get out of this study and that the city will get deliverables. Councilman Skadron agreed he would like to know what is actually being returned to the community for this expenditure. Ms. Garrow said the city will get a tool related to transportation demand management and related to multi-modal quality of service so that when Council has a development application to consider, they can know how many trips it will generate and what mitigations makes sense. Mayor Ireland said one of the problems with major developments is that people are guessing how many vehicles will be generated, how intersections will be affected. Councilman Frisch said he would like a presentation from the consultant to Council. Councilman Frisch said he is not a big supporter of traffic counts; measurable things should be pertinent to what they can do. A quantitative trip count does not matter like how many people are walking or riding bikes. Councilman Johnson questioned how many more dollars/square foot business owners can pay. Councilman Frisch said he agrees with mitigations; however, it is important to remember they are tools to a healthy, sustainable economy. Ms. Garrow said she will contact the consultant and have him come to the December 3rd meeting. Councilman Johnson moved to continue Resolution #112, Series of 2012, to December 3; seconded by Mayor Ireland. All in favor, motion carried. Councilman Torre moved to approve Resolution #110, Series of 2012 – Tractor Contract and November 12, 2012, minutes; seconded by Councilman Johnson. All in favor, motion carried. FIRST READING OF ORDINANCES Councilman Johnson moved to read Ordinances #31, 32, 33, and 34, Series of 2012; seconded by Councilman Torre. ORDINANCE #31 P134 VI.g Regular Meeting Aspen City Council November 26, 2012 5 Series of 2012 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE; ADDING A NEW SECTION, SECTION 26.322, MASTER PLANS, AND MANEDING SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN AND OTHER PLANS, GUIDELINES OR DOCUMENTS 26-208.010, CITY COUNCIL – POWERS AND DUTIES 26.210.020, COMMUNITY DEVELOPMENT DEPARTMENT – DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT, 26.212.010, PLANNING AND ZONING COMMISSION – POWERS AND DUTIES AND 26.220.010 HISTORIC PRESERVATION COMMISSION – POWERS AND DUTIES ORDINANCE #32 Series of 2012 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.540 OF THE CITY OF ASPEN LAND USE CODE – CERTIFICATE OF AFFORDABLE HOUSING CREDIT ORDINANCE #33 Series of 2012 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE FOLLOWING CHAPTER OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.415 HISTORIC PRESERVATION ORDINANCE #34 Series of 2012 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTE 26.520 OF THE CITY OF ASPEN LAND USE CODE – ACCESSORY DWELLING UNITS, AND CHAPTER 26.470 – GROWTH MANAGEMENT Chris Bendon, community development department, told Council Ordinance #32 contains a general update of the affordable housing credit program as well as the ability for the owner of a certificate to exchange that certificate into a different category level, which seems necessary for the program to be successful. APCHA has reviewed it and approved it. Ordinance #33 clarifies HPC’s jurisdictions over property in historic districts. The issue came up in relationship to code amendments for downtown zoning as well as in AspenModern negotiations. Bendon said Ordinance #34 for accessory dwelling units eliminates them as an option for affordable housing mitigation. The amendment also allows owners of properties with existing ADUs to retire those and proposes an amendment to the GMP to the mitigation requirement to expansion of floor area for single family and duplex rather than just in demolition cases. Bendon said Ordinance #34 should be synchronized with the change to fee-in-lieu so that applicants will know how much that mitigation will cost. P135 VI.g Regular Meeting Aspen City Council November 26, 2012 6 Councilman Torre said these amendments have come through the new process and it seems to have worked well. Mayor Ireland said the master planning process should allow the review boards to propose amendments in writing to be submitted to Council for consideration rather than Council just receiving a summary. Jessica Garrow, community development department, stated that was staff’s intent so the language will be reviewed before second reading. Mayor Ireland moved to adopt on first reading Ordinances #31, 32, 33 and 34, Series of 2012; seconded by Councilman Johnson. Roll call vote; Frisch, yes; Johnson, yes; Torre, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #107, SERIES OF 2012 – Approving 2013 Budget Pete Strecker, finance department, told Council this proposed budget incorporates Council’s comments through the five budget work sessions for a total appropriation of $106 million and without transfers $90 million. Councilman Torre requested an addition to the budget of $25,000 for the parks budget for planning for skate park phase II. This has been planned for at least 5 years and has been put on hold. The proposed use of the $25,000 is outreach and planning. Councilman Torre said the skate park is heavily used and is 10 years old. This would be an opportunity for review and upgrade to one of the kid’s facilities. Stephen Ellsperman, park department, told Council a second phase has been anticipated for the skateboard park, but this got shifted or other priorities. Ellsperman said staff has ideas for phase II and would like to hear from the community what they think of these ideas and what other ideas they may have. Mayor Ireland said in the planning, staff needs to think about the safety on Rio Grande and kids darting across the street. Councilman Frisch asked if this planning could be done without increasing the 2013 parks budget. Ellsperman pointed out staff has selected, with Council approval, specific capital projects program and staff would prefer the additional funds to keep their fund balance sound. Councilman Skadron brought up the holiday lights on the trees; the lights seem to have expanded down the streets. Ellsperman told Council staff thought they have lights according to Council’s instructions. There is the capability to change the lights. Ellsperman suggested getting the lights functioning and viewing them to see what works and what doesn’t. Mayor Ireland said Council needs to have a broader discussion about lights and the dark sky initiative. Mayor Ireland noted earlier Council was told that there is no ability to turn down or off sections of lights. Councilman Johnson noted this budget has been only modestly increased over last year. Councilman Johnson stated he is concerned about the lack of snow and recommended staff monitor sales tax through the end of the year to see how the winter season is shaping up and whether the spending should be reined in. Mayor Ireland stated the finance department is prepared to create a framework to allow Council and the city to deal proactively if there is a short fall. Don Taylor, finance director, noted the budget proposed is conservative; staff will look at the first 2 or 3 months of 2013 to assess the financial picture. Taylor pointed out there is fund balance and capital projects can be adjusted. Councilman Torre moved to approve Resolution #107, Series of 2012, as amended adding the $25,000 for the parks department; seconded by Councilman Johnson. P136 VI.g Regular Meeting Aspen City Council November 26, 2012 7 Mayor Ireland opened the public hearing. Helen Klanderud asked if there is a final decision on the health and human services spending. Taylor answered there is $300,000 in this approved budget. Council has discussed alternatives which could be approved in a supplemental appropriation ordinance. Councilman Skadron said a bipartisan commission will be formed to discuss this issue and to make sure the resolution is in place prior to the next budget cycle. Mayor Ireland closed the public hearing. All in favor, motion carried. ORDINANCE #25, SERIES OF 2012 - Code Amendment CC and C-1 Zones Jessica Garrow, community development department, reminded Council this is the third step in the new code amendment process and the one in which Council can adopt changes to the land use code. Ms. Garrow noted in April Council adopted changes to the CC and C-1 zone district, reduced the allowed height to two stories and 28’; the allowed free market residential floor area was reduced from .75:1 to .5:1 only if equal amounts of affordable housing is provided. There is an exception for any historic properties with a by right .5:1 free market residential floor area. Council noted they were interested in further exploring uses allowed downtown by right. Ms. Garrow reported staff had a public outreach process, attached in the packet, and included 200 people with a survey, small group meetings, open city hall forum. Staff did background research and contracted with a firm who did a height study and a comparative analysis of mountain communities on what kinds of heights and uses are allowed in other resorts. Ms. Garrow noted staff went to Council in June to hear their general objectives for downtown and Council said they wanted to make sure there is vitality downtown, that commercial uses are maintained as the primary use downtown. Council was interested to see if there are ways to encourage lodge development downtown. Staff presented a policy resolution on this issue to Council in August. Ms. Garrow said the proposed code amendments are for allowed heights of 38 to 40’ in the CC zone and 36 to 38’ in the C-1 zone, which is a transitional zone from commercial core into residential neighborhoods. Staff has discussed what kind of space is necessary inside a building to make sure the uses are successful. The historic pattern for ground floor is high ceilings with lots of windows; upper floors have a lower ceiling height. Staff proposes a 13’ first floor in CC and 11’ first floor in the C-1 zone; this should encourage commercial uses in the CC zone. Upper ceiling heights are proposed at 9’. Ms. Garrow said it is clear in the height study that at least 6’ is needed to get equipment on a roof to serve buildings. Ms. Garrow proposed limiting any 3rd floor to no more than 50% of the parcel size; the mass could be located in the rear or the street front of a building. This should minimize the mass and allow commercial design standards and city boards to work through that process and to encourage innovation. P137 VI.g Regular Meeting Aspen City Council November 26, 2012 8 Ms. Garrow recommended option 2, which would allow one free market residential unit only on historic properties. Staff felt it important to have that tool available for historic properties and for historic negotiations. Staff thought having one unit/building is important rather than having a lot of space becoming private. Ms. Garrow noted about 20 properties would be eligible for free market residences under this proposal, and there are 5 properties that would be able to expand their existing units. Ms. Garrow said deck spaces have been discussed; HPC felt every building is different and deck can provide relief from the mass; that decks should be proportional in size of the building. Ms. Garrow pointed out including free market residential units in CC would not change the overall floor area. There are some code clean ups, to increase the allowed floor area for lodge development in CC and C-1 to 2.5:1 in CC and 2:1 in C-1 and to lift the office prohibition on all properties north of Main street. Chris Bendon, community development department, said staff is trying to strike equilibrium. There is a feeling in the community that earlier code amendments allow too much height and mass and not enough setbacks. Staff is looking for a balance to slow the pendulum down. Ms. Garrow said the code amendment is to help preserve buildings with historic merit and to make sure the uses are correct and make sense for the community. Free market residences are an important tool for historic preservation. Bendon said one goal is to have property owners that appreciate having a historic building rather than just having a host of maintenance problems and feel being designated is a burden. Councilman Skadron said when this started, several member of Council wanted to limit height in the CC zone to 28’; this ordinance would allows buildings up to 46’. Bendon pointed out Council wanted to hear from the community, they wanted to understand under what circumstances a third floor is justified, what types of uses the community should get more of. Bendon said staff heard that a third floor depends on the context, neighboring buildings, shading concerns and that a third floor is not inappropriate in all cases. This ordinance proposes a third floor, not to exceed 50% of the footprint of the lot, which would allow flexibility in design. Bendon said this ordinance reflects what staff heard from the community. Councilman Skadron said this could result in a downtown of only 40’ buildings. Ms. Garrow said there is design review and a call up provision. The ordinance says “the maximum height is not an entitlement and is not achievable in all situations”, which makes it clear to applicants that 40’ is not a guarantee. Councilman Frisch said what is important for a third floor is how tall it should be, how far it should be setback and what should be inside that space. Ms. Garrow said Council needs to resolve whether they want a third story. If they do, these are the proposed heights based on conversations with architects and contractors and the height study done by Coburn. Councilman Johnson noted staff’s perspective is that 3 story buildings should be permitted in downtown as consistent with the historic built environment. Ms. Garrow agreed 3 stories are consistent with Aspen’s historic development pattern. Mayor Ireland said he finds historic designation during a negotiation a difficult situation. Mayor Ireland stated he does not think the Cooper avenue mall would be a better place with 42’ tall buildings all along it. Ms. Garrow said the code amendment affects the entire downtown area. The city’s development process works as staff and Council see each development application one at a time and they go through a lengthy review process. Any building on the Cooper Avenue mall would be looked at by HPC for context, view planes, etc., Council has the opportunity to P138 VI.g Regular Meeting Aspen City Council November 26, 2012 9 call up that project. Councilman Skadron said development decision should be in the hands of the community and should be more restrictive at Council. Councilman Skadron said the ordinance does not have enough detail to view planes and views of the mountains and has the potential to allow a monster building that would permanently change the character of the community. Bendon pointed out the allowable height on the Cooper avenue mall was 40’ for 40 years and it is now 28’. Cooper avenue mall is limited by view planes. Bendon said the city needs to be able to evaluate community needs, like a small hotel on Cooper avenue, which may be more important than the existing view planes. Mayor Ireland said it is important to have criteria under which buildings could be taller than X. Councilman Frisch supported addressing the issue of historic preservation and double dipping, regardless of the height, and fixing that mitigation. Councilman Frisch said he could support some sort of trade off for renovation of a crumbling historic building. Ms. Garrow told Council there is a map showing the buildings eligible for historic designation under AspenModern. Ms. Garrow explained allowing only one free market residential/building puts a limit on what people can ask for through the historic designation negotiations. Mayor Ireland opened the public hearing. Cliff Weiss stated whatever Aspen has left of its historic past is disappearing. Weiss said he prefers to see different heights around town. Weiss said it is a mistake to allow roof top decks because code requires elevators and elevator towers. Weiss suggested that landing TDRs be limited to one as the downtown can do without large units. Weiss said he has not seen that large residential units add to any vitality downtown. Weiss said the code should be amended to limit the height of buildings on the south side of the street to cut down on shadowing and icy areas. Helen Klanderud, public affairs committee of ACRA, told Council the committee discussed this proposal and there is a concern for unintended consequences. Ms. Klanderud said the committee agrees there should be a vitality and successful downtown. Ms. Klanderud said she has not heard from Council a vision to get the vitality but more of what should not be allowed. Ms. Klanderud said not all buildings downtown are worthy of preservation. The historic heights are 38 and 40’. The committee is concerned this code amendment would cause no building in the downtown. The committee’s decision is to not change the code unless there is a demonstrated justification for doing so. Ms. Klanderud said there is no evidence that third story residences interfere with downtown vibrancy that couldn’t be corrected with some engineering techniques. Junee Kirk said the historic district should remain much as it is and stay with the 28’ height limit. Ms. Kirk said she would support boutique hotels or exceptional restaurants . Ms. Kirk said the downtown is dying and free market residences have not contributed to the vitality of town. Bill Wiener said Council should look at keeping the cubage the same, it a building is bigger, it is pulled off the street front. Wiener said the historic ordinance does not look at contributing elements that give it character. Wiener said giving an exception to 28’ at Council should require a super-majority. Wiener said future Councils can undo what Council preserves and suggested this be done by vote of the electorate. Wiener questioned the need to be bigger. Wiener suggested hotels dispersed throughout the commercial core rather than in one large structure. Wiener said the proposal is business growth versus public benefit. Wiener said allowing hotels on the north side of the street would make sense. P139 VI.g Regular Meeting Aspen City Council November 26, 2012 10 Mayor Ireland closed the public hearing. Councilman Frisch asked how this could be structured to allow some flexibility in uses. Bendon said the criteria should be well defined rather than elusive and conducted in negotiations, like listing circumstances in which a 3rd story would be allowed. Councilman Torre asked what will stop an applicant from asking for bigger than 2000 square foot residential unit or from building a 2000 square foot unit and making the rest of the building dormant. Bendon said Council could make it clear that TDRs will not be allowed nor could this go through the AspenModern negotiation. Bendon said there is no answer for residential units creating dormancy on other buildings and until that can be answered, perhaps Council should not be encouraging residential units in the downtown or these should only be allowed in historically designated buildings. Mayor Ireland presented a memorandum analyzing the effects of zoning in the downtown and 3 measures of vitality: population, local ownership and development, and market trends. Mayor Ireland showed population changes in the downtown using census data 1990, 2000 and 2010, noting that the population in CC and C-1 has declined and vacancy rates have increased. GIS maps identifies about 31 residential units in the CC and C-1 zones. While the population has declined, the median age has risen by several years. Mayor Ireland pointed out that local ownership has declined for both residential and commercial properties over the past decade. Mayor Ireland noted the price per square foot for residential increased considerably more than for commercial and is almost twice as much for residential uses. Mayor Ireland said the assessor’s data also illustrates that the price per square foot rises with size of a residential unit; however, the price stay the same regardless of size for commercial uses. Mayor Ireland said infill and more generous zoning did not produce vitality in the downtown area; the population declined, vacancy rates rose and local ownership fell. Mayor Ireland noted that 8 out of 11 of the recent development applications include a proposed top floor penthouse use. Mayor Ireland recommended not allowing new second home residential uses in the CC and C-1 zones; allowing greater heights only on the north side of streets and only for true hotel development; and removing “mixed use” exemptions from mitigation for residential developments, which encourages residential uses on upper floors. Mayor Ireland noted the market signals are to build residential which is worth about twice as much as commercial. Residential owners want quiet, exclusive properties. Hotel uses support businesses; guests go out to eat and to entertain themselves. Mayor Ireland said the community has a problem with the bed base and properties continue to turn into residential properties. Councilman Torre said he would like to know more about the city’s regulations on historic properties. Councilman Torre noted nothing has convinced him that free market residences should be allowed downtown. Councilman Torre said he would prefer to determine the uses before determining maximum heights. Councilman Torre said he would also like more information on mechanicals on the roof. Councilman Torre stated he does not support option 2. Councilman Skadron stated 28’ is necessary and prioritizes core values. Councilman Skadron said he would support exceptions to the 28’ for lodging and no free market residential. Councilman Johnson said the core is where density belongs on both sides of the streets. Councilman Johnson stated there are tools in place – design review guidelines, view planes – to P140 VI.g Regular Meeting Aspen City Council November 26, 2012 11 direct development. Councilman Johnson agreed he would like to see the map of where historic properties are located. Councilman Johnson said he is not ready to give up the mixed use concept. Councilman Johnson said although lodging is a great idea, it does not seem feasible to have small lodges on 3rd floors of buildings. Councilman Frisch said he would like to adopt a code for the community rather than a code for the times and not have to have these code amendments discussions annually. Councilman Frisch said the commercial core may need some third stories; however, with the 11 development projects in line and 8 of those asking for a third story, this discussion may become moot. Councilman Frisch said he supports allowances for lodges, it is unlikely a lodge will be built on a 3,000 square foot lot in the commercial core. Councilman Frisch stated he supports two stories but would not expect to see land use applications if two stores were the limit. Councilman Skadron noted the commercial core currently has three story buildings and in addition to that, there is a new art museum of 3 stories, the little Annie’s block will be going to 3 stories, there is an additional request for the building to the east of the Red Onion, which is for 3 stories, the Cooper street building increased from 2 to 4 stories. Councilman Skadron said with what exists currently and what is in the application stage, the city should do all it can to hold on to the remaining character. Councilman Frisch agreed Council should take time to see what is being developed and to reflect on the impacts of those projects. Councilman Torre said he could support a third story that would increase vitality. Mayor Ireland asked if Council were willing to eliminate the mixed use exemptions in the CC and C-1. Bendon said the direction he heard was to eliminate that, the option preferred by Council is no free market residences downtown. Ms. Garrow reiterated other changes is Council agree to the office change north of Main street and third stories for hotel only on the north sides of streets Councilman Johnson moved to continue Ordinance #25, Series of 2012, to December 10th; seconded by Councilman Skadron. All in favor, motion carried. ORDINANCE #26, SERIES OF 2012 – Parks Bonds Refunding Alice Hackney, finance department, told Council this will approve the issuance of $9,090,000 of parks and open space sales tax revenue refunding bonds and refunds what is left of the 2005 revenue bonds. This refunding was done in two phases in order to keep under the bank qualified threshold of $10 million. Ms. Hackney said the savings on this issue is set to net present value of $1.4 million. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Torre moved to adopt Ordinance #26, Series of 2012, on second reading; seconded by Councilman Johnson. Roll call vote; Skadron, yes; Frisch, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #27, SERIES OF 2012 – Supplemental Appropriation P141 VI.g Regular Meeting Aspen City Council November 26, 2012 12 Don Taylor, finance department, said these are supplemental appropriations to the 2012 budget and all items have been previously discussed by Council. Councilman Johnson moved to adopt Ordinance #27, Series of 2012, on second reading; seconded by Councilman Skadron. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll call vote; Torre, yes; Johnson, yes; Frisch, yes; Skadron, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #28, SERIES OF 2012 – Code Amendment – Hearing Officer Chris Bendon, community development department, noted this amends the land use code; the hearing officer covers appeals of administrative decisions. Bendon said changes are to allow Council to remove the appointee at any time, without cause; to allow the position to receive reasonable compensation which will be billed to applicants seeking an appeal; insure that the officer makes his decision at public hearing. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Torre moved to adopt Ordinance #28, Series of 2012, on second reading; seconded by Mayor Ireland. Roll call vote; Johnson, yes; Skadron, yes; Frisch, yes; Torre, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #29, SERIES OF 2012 – Adoption of 2013 Fees Don Taylor, finance department, reminded Council as part of the budget process, all city fees are reviewed with a committee and changes are recommended by that committee. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Torre moved to adopt Ordinance #29, Series of 2012, on second reading; seconded by Councilman Frisch. Councilman Torre asked about the Wheeler fees for user groups and the new theatre equipment and the rates for Aspen Film. Mayor Ireland suggested adopting this and hearing from the director of the Wheeler if this fee needs to be change. Roll call vote; Frisch, yes; Johnson, yes; Skadron, yes; Torre, yes; Mayor Ireland, yes. Motion carried. P142 VI.g Regular Meeting Aspen City Council November 26, 2012 13 ORDINANCE #30, SERIES OF 2012 – Water Rate Adjustment Mayor Ireland opened the public hearing. Lee Ledesma, water department, said this is a cost of service transaction and encompasses 5 years of water rate adjustment. Staff will return in 2017 to report on how the cost of service transaction is going. Ms. Ledesma said this starts at a 3.7% increase and at the end of the fifth year it is a 4.1% increase. The bill for the average residential customer will go up $.89 Mayor Ireland closed the public hearing. Councilman Johnson moved to adopt Ordinance #30, Series of 2012, on second reading; seconded by Councilman Torre. Roll call vote; Skadron, yes; Torre, yes; Johnson, yes; Frisch, yes; Mayor Ireland, yes. Motion carried. RESOLUTION #103, SERIES OF 2012 – South Aspen Street Lodge Project Councilman Johnson left as he lives within 300 feet of the project. David Parker, representing the applicant, reminded Council when they came to Council with an amended townhouse project, Council requested the applicants re-examine building a lodge on this site. Parker said they spent 6 months looking at a lodge and have expressed the concern that a lodge project is not viable. Parker noted Council asked the applicant to look at what it would take to make the project work. Parker said that would be too big a project. The COWOP I project was not approved by the community at 70’ and 400,000 square feet of development. Parker said their project would have to be close to that size in order to be sustainable and Council discussed earlier concerns about height in the community. Parker told Council they reviewed this with Byron Cost at CU who noted the applicant’s proposal was overly optimistic in their assumptions and that the proposed hotel is not big enough. Parker said the applicants have tried hard to make this work, and they cannot make a hotel work unless it is 6 stories of condominiums and 5 stories of hotel, which the community would not support. Chris Bendon, community development department, said with a formal application is the correct time for Council to vote on that project. Bendon suggested the applicant be allowed to amend or to withdraw their application and then pursue the townhouse project. Mayor Ireland said Council made a mistake approving a townhouse project for this location, but this a is decision that has to be lived with. Councilman Skadron moved to adjourn at 10:55 PM; seconded by Councilman Torre. All in favor, motion carried. Kathryn Koch City Clerk P143 VI.g Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Pete Strecker, Assistant Finance Director THRU: Don Taylor DATE OF MEMO: 12/3/2012 MEETING DATE: 12/10/2012 RE: 2013 Mil Levy REQUEST OF COUNCIL: This is for the City Council to consider adoption of the proposed mil levies for the 2013 Budget. PREVIOUS COUNCIL ACTION: See attached memo. BACKGROUND: See attached memo. DISCUSSION: See attached memo. FINANCIAL/BUDGET IMPACTS: See attached memo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: Staff proposes that the 2013 mil levies be adopted. P145 VIII.a Page 2 of 2 ALTERNATIVES: The proposed mil levies may be amended as the City Council may deem necessary. PROPOSED MOTION: Move adoption of the resolution attached which approves the 2013 mil levies as proposed. CITY MANAGER COMMENTS: ATTACHMENTS: P146 VIII.a Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Pete Strecker, Assistant Finance Director THRU: Don Taylor, Director of Finance Steve Barwick, City Manager DATE OF MEMO: November 29, 2012 MEETING DATE: December 10, 2012 RE: 2013 Mil Levies REQUEST OF COUNCIL: This is for the City Council to consider adoption of the proposed mil levies for the 2013 budget. PREVIOUS COUNCIL ACTION: City Council and staff completed numerous budget work sessions reviewing the proposed 2013 budget and 2013-2022 Asset Management Plan. Council adopted the 2013 budget on November 26, 2012 along with the updated 2013 fee ordinance. BACKGROUND: The adopted 2013 budget assumes that the City would levy property taxes for the benefit of the General Fund, Asset Management Plan Fund and Stormwater Fund. The General Fund and Asset Management mil levy are by law subject to the TABOR restrictions and the Stormwater mil levy is calculated under the provisions of TABOR by City Council direction. TABOR provides that the amount of revenue from property taxes cannot grow by more than the amount attributable to inflation plus new construction. This keeps total property tax revenue from changing as assessed valuations rise or fall. As assessed valuations rose in prior years the City reduced its tax yield to the TABOR limits by implementing a temporary mil levy credit. DISCUSSION: The proposed mil levies and their respective tax yield are shown in the following table: P147 VIII.a Page 2 of 2 2013 Tax Rate 2013 Temporary Credit 2013 Mil Levy Rate General Property Tax5.4100.7554.655 Stormwater Fund0.6500.0000.650 Total6.0600.7555.305 2012 Assessed Valuation Updated Mil Levy Rate 2013 Property Tax General Fund$1,277,761,1501.629$2,081,473 Asset Management Fund$1,277,761,1503.026$3,866,505 Total General Mil Levy4.655$5,947,978 Total Stormwater Mil Levy$1,277,761,1500.650$830,545 Refund/Abatements$1,277,761,1500.041$52,388 Total 2013 Property Tax5.346$6,830,911 RECOMMENDED ACTION: Staff proposes that the 2013 mil levies be adopted. ALTERNATIVES: The proposed mil levies may be amended as the City Council may deem necessary. PROPOSED MOTION: Move adoption of the resolution attached which approves the 2013 mil levies as proposed. CITY MANAGER COMMENTS: ATTACHMENTS: P148 VIII.a RESOLUTON NO. 113 (SERIES OF 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO SETTING THE 2013 MUNICIPAL MIL LEVY RATES AND CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR PITKIN COUNTY. WHEREAS, the City Manager, designated by Charter to prepare the budget, has prepared and submitted to the Mayor and City Council the Annual Budget for the City of Aspen, Colorado for the fiscal year beginning January 1, 2013 and ending December 31, 2013; and WHEREAS, the net assessed valuation of the taxable property for the year 2012 in the City of Aspen returned by the County Assessor of Pitkin County was updated on November 29, 2012, is the sum of $1,277,761,150; and WHEREAS, said mil levy is calculated to produce gross ad valorem tax proceeds in the amount of $6,912,688 for collection year 2013; based upon the assessed valuation as determined by the County Assessor, and WHEREAS, voter approval on November 6, 2007 established the City’s Stormwater Fund mil levy rate at an amount not to exceed 0.650 mils upon each dollar of assessed valuation on all taxable property within the City annually with no date of expiration, permitting collection of property tax revenues in excess of the mil levy limitation provided in Article X, Section 20 or the Colorado Constitution for property tax collection in all future years beginning in 2008; and WHEREAS, said mil levy rate is calculated to produce gross ad valorem tax proceeds in the amount of $830,545 for collection year 2013; based upon the net assessed valuation of the City of Aspen as determined by the County Assessor, and WHEREAS, the net assessed valuation of taxable property in Aspen increased approximately 0.1% between 2011 and 2012 assessment years, and WHEREAS, a temporary reduction in property tax collections is desired by the City Council in order to reduce the tax burden on owners of taxable property within the City of Aspen while preserving the City’s ability to increase property taxes to levels previously authorized by City of Aspen voters as described above, and WHEREAS, C.R.S. section 39-1-111.5 authorizes a local government to certify a refund in the form of a temporary property tax credit or a temporary mil levy rate reduction, provided that the certification includes the gross mil levy, the temporary property tax credit or temporary mil levy rate reduction expressed in mil levy equivalents, and the net mil levy and under C.R.S. section 39-1-111.5(4), the Assessor shall, concurrent with delivery of tax warrants to the Treasurer, itemize duly certified temporary property tax credits or temporary mil levy rate reductions in the manner set forth in C.R.S. section 39-1-111.5(2), and under C.R.S. section 39-1-111.5(5) the tax P149 VIII.a statements shall indicate by footnote which local government mil levies reflect a temporary property tax credit or temporary mil levy rate reduction for the purpose of effecting a refund. SECTION 1 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ASPEN, Colorado for the purpose of balancing the 2013 budget, and providing a reasonable closing fund balance for said fiscal year, levies the following taxes upon each dollar of the total valuation for assessment of all taxable property within the City of Aspen for the year 2012; that a temporary mil levy rate reduction is authorized; and that the individual mil levies are expressed in terms of the gross mil levy, the temporary mil levy rate reduction shown in mil levy equivalents, and the net mil levy as shown below, which includes a temporary credit of 0.755 for the General Property Tax mil levy: 2013 Tax Rate 2013 Temporary Credit 2013 Mil Levy Rate General Property Tax 5.410 0.755 4.655 Stormwater Fund 0.650 0.000 0.650 Total 6.060 0.755 5.305 2012 Assessed Valuation Updated Mil Levy Rate 2013 Property Tax General Fund $1,277,761,150 1.629 $2,081,473 Asset Management Fund $1,277,761,150 3.026 $3,866,505 Total General Mil Levy 4.655 $5,947,978 Total Stormwater Mil Levy $1,277,761,150 0.650 $830,545 Refund/Abatements $1,277,761,150 0.041 $52,388 Total 2013 Property Tax 5.346 $6,830,911 SECTION 2 The City Clerk is hereby directed to certify and deliver this Resolution to the Board of County Commissioners for Pitkin County on or before December 15, 2012. ADOPTED THIS 10, day of December 2012 __________________________ Michael C. Ireland, Mayor P150 VIII.a I, KATHRYN KOCH, duly appointed and acting City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the City Council at its meeting held on December 10, 2012, which Resolution was adopted subsequent to public hearings on the City of Aspen’s 2013 Proposed Municipal Budget and prior to the final day established by law for the certification of the tax levy to Pitkin County, all was required by the Sections 9.8 and 9.9 of the Aspen Home Rule Charter. _______________________ Kathryn Koch, City Clerk P151 VIII.a Form DLG 70 (rev 7/08) Page 1 of 4 County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners1 of Pitkin County , Colorado. On behalf of the City of Aspen , (taxing entity)A the City Council (governing body)B of the City of Aspen, Colorado (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 1,277,761,150 (GROSSD assessed valuation, Line 2 of the Certification of Valuation Form DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ 1,277,761,150 (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 12/10/2012 for budget/fiscal year 2013 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating ExpensesH 5.410 mills $ 6,912,688 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < 0.755> mills $ < 964,710 > SUBTOTAL FOR GENERAL OPERATING: 4.655 mills $ 5,947,978 3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $ 6. Refunds/AbatementsM 0.041 mills $ 52,388 7. OtherN (specify): City’s Stormwater Fund mills $ Clean River Initiative 0.650 mills $ 830,545 TOTAL: [Sum of General Operating Subtotal and Lines 3 to 7 ] 5.346 mills $ 6,830,911 Contact person: (print) Don Taylor Daytime phone: ( 970 ) 920.5027 Signed: Title: Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). P153 VIII.a Form DLG 70 (rev 7/08) Page 2 of 4 CERTIFICATION OF TAX LEVIES, continued THIS SECTION APPLIES TO TITLE 32, ARTICLE 1 SPECIAL DISTRICTS THAT LEVY TAXES FOR PAYMENT OF GENERAL OBLIGATION DEBT (32-1-1603 C.R.S.). Taxing entities that are Special Districts or Subdistricts of Special Districts must certify separate mill levies and revenues to the Board of County Commissioners, one each for the funding requirements of each debt (32-1-1603, C.R.S.) Use additional pages as necessary. The Special District’s or Subdistrict’s total levies for general obligation bonds and total levies for contractual obligations should be recorded on Page 1, Lines 3 and 4 respectively. CERTIFY A SEPARATE MILL LEVY FOR EACH BOND OR CONTRACT: BONDSJ: 1. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: 2. Purpose of Issue: Series: Date of Issue: Coupon Rate: Maturity Date: Levy: Revenue: CONTRACTSK: 3. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: 4. Purpose of Contract: Title: Date: Principal Amount: Maturity Date: Levy: Revenue: Use multiple copies of this page as necessary to separately report all bond and contractual obligations per 32-1-1603, C.R.S. P154 VIII.a Form DLG 70 (rev 7/08) Page 3 of 4 Notes: A Taxing Entity—A jurisdiction authorized by law to impose ad valorem property taxes on taxable property located within its territorial limits (please see notes B, C, and H below). For purposes of the DLG 70 only, a taxing entity is also a geographic area formerly located within a taxing entity’s boundaries for which the county assessor certifies a valuation for assessment and which is responsible for payment of its share until retirement of financial obligations incurred by the taxing entity when the area was part of the taxing entity. For example: an area of excluded property formerly within a special district with outstanding general obligation debt at the time of the exclusion or the area located within the former boundaries of a dissolved district whose outstanding general obligation debt service is administered by another local governmentC. B Governing Body—The board of county commissioners, the city council, the board of trustees, the board of directors, or the board of any other entity that is responsible for the certification of the taxing entity’s mill levy. For example: the board of county commissioners is the governing board ex officio of a county public improvement district (PID); the board of a water and sanitation district constitutes ex officio the board of directors of the water subdistrict. C Local Government - For purposes of this line on Page 1of the DLG 70, the local government is the political subdivision under whose authority and within whose boundaries the taxing entity was created. The local government is authorized to levy property taxes on behalf of the taxing entity. For example, for the purposes of this form: 1. a municipality is both the local government and the taxing entity when levying its own levy for its entire jurisdiction; 2. a city is the local government when levying a tax on behalf of a business improvement district (BID) taxing entity which it created and whose city council is the BID board; 3. a fire district is the local government if it created a subdistrict, the taxing entity, on whose behalf the fire district levies property taxes. 4. a town is the local government when it provides the service for a dissolved water district and the town board serves as the board of a dissolved water district, the taxing entity, for the purpose of certifying a levy for the annual debt service on outstanding obligations. D GROSS Assessed Value - There will be a difference between gross assessed valuation and net assessed valuation reported by the county assessor only if there is a “tax increment financing” entity (see below), such as a downtown development authority or an urban renewal authority, within the boundaries of the taxing entity. The board of county commissioners certifies each taxing entity’s total mills upon the taxing entity’s Gross Assessed Value found on Line 2 of Form DLG 57. E Certification of Valuation by County Assessor, Form DLG 57 - The county assessor(s) uses this form (or one similar) to provide valuation for assessment information to a taxing entity. The county assessor must provide this certification no later than August 25th each year and may amend it, one time, prior to December 10th. F TIF Area—A downtown development authority (DDA) or urban renewal authority (URA), may form plan areas that use “tax increment financing” to derive revenue from increases in assessed valuation (gross minus net, Form DLG 57 Line 3) attributed to the activities/improvements within the plan area. The DDA or URA receives the differential revenue of each overlapping taxing entity’s mill levy applied against the taxing entity’s gross assessed value after subtracting the taxing entity’s revenues derived from its mill levy applied against the net assessed value. G NET Assessed Value—The total taxable assessed valuation from which the taxing entity will derive revenues for its uses. It is found on Line 4 of Form DLG 57. H General Operating Expenses (DLG 70 Page 1 Line 1)—The levy and accompanying revenue reported on Line 1 is for general operations and includes, in aggregate, all levies for and revenues raised by a taxing entity for purposes not lawfully exempted and detailed in Lines 3 through 7 on Page 1 of the DLG 70. For example: a fire pension levy is included in general operating expenses, unless the pension is voter-approved, if voter-approved, use Line 7 (Other). P155 VIII.a Form DLG 70 (rev 7/08) Page 4 of 4 I Temporary Tax Credit for Operations (DLG 70 Page 1 Line 2)—The Temporary General Property Tax Credit/ Temporary Mill Levy Rate Reduction of 39-1-111.5, C.R.S. may be applied to the taxing entity’s levy for general operations to effect refunds. Temporary Tax Credits (TTCs) are not necessary for other types of levies (non-general operations) certified on this form because these levies are adjusted from year to year as specified by the provisions of any contract or schedule of payments established for the payment of any obligation incurred by the taxing entity per 29-1-301(1.7), C.R.S., or they are certified as authorized at election per 29-1-302(2)(b), C.R.S. J General Obligation Bonds and Interest (DLG 70 Page 1 Line 3)—Enter on this line the total levy required to pay the annual debt service of all general obligation bonds. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments. Title 32, Article 1 Special districts and subdistricts must complete Page 2 of the DLG 70. K Contractual Obligation (DLG 70 Page 1 Line 4)—If repayment of a contractual obligation with property tax has been approved at election and it is not a general obligation bond (shown on Line 3), the mill levy is entered on this line. Per 29-1-301(1.7) C.R.S., the amount of revenue levied for this purpose cannot be greater than the amount of revenue required for such purpose as specified by the provisions of any contract or schedule of payments. L Capital Expenditures (DLG 70 Page 1 Line 5)—These revenues are not subject to the statutory property tax revenue limit if they are approved by counties and municipalities through public hearings pursuant to 29-1- 301(1.2) C.R.S. and for special districts through approval from the Division of Local Government pursuant to 29- 1-302(1.5) C.R.S. or for any taxing entity if approved at election. Only levies approved by these methods should be entered on Line 5. M Refunds/Abatements (DLG 70 Page 1 Line 6)—The county assessor reports on the Certification of Valuation (DLG 57 Line 11) the amount of revenue from property tax that the local government did not receive in the prior year because taxpayers were given refunds for taxes they had paid or they were given abatements for taxes originally charged to them due to errors made in their property valuation. The local government was due the tax revenue and would have collected it through an adjusted mill levy if the valuation errors had not occurred. Since the government was due the revenue, it may levy, in the subsequent year, a mill to collect the refund/abatement revenue. An abatement/refund mill levy may generate revenues up to, but not exceeding, the refund/abatement amount from Form DLG 57 Line 11. 1. Please Note: If the taxing entity is in more than one county, as with all levies, the abatement levy must be uniform throughout the entity’s boundaries and certified the same to each county. To calculate the abatement/refund levy for a taxing entity that is located in more than one county, first total the abatement/refund amounts reported by each county assessor, then divide by the taxing entity’s total net assessed value, then multiply by 1,000 and round down to the nearest three decimals to prevent levying for more revenue than was abated/refunded. This results in an abatement/refund mill levy that will be uniformly certified to all of the counties in which the taxing entity is located even though the abatement/refund did not occur in all the counties. N Other (DLG 70 Page 1 Line 7)—Report other levies and revenue not subject to 29-1-301 C.R.S. that were not reported above. For example: a levy for the purposes of television relay or translator facilities as specified in sections 29-7-101, 29-7-102, and 29-7-105 and 32-1-1005 (1) (a), C.R.S.; a voter-approved fire pension levy; a levy for special purposes such as developmental disabilities, open space, etc. P156 VIII.a Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Don Taylor, Director of Finance THRU: Steve Barwick, City Manager DATE OF MEMO: December 3rd, 2012 MEETING DATE: December 10th, 2012 RE: Amending the City Code to Reflect Voter Approved Sales Tax Changes REQUEST OF COUNCIL: The purpose of this ordinance is to amend the City of Aspen Municipal Code to reflect changes in the City’s sales tax rates as they have been approved by the City electorate. PREVIOUS COUNCIL ACTION: The City Council approved ballot question placed before the voters that increased the City’s sales tax rate by .3% to be used for educational purposes for the Aspen School district. The voters approved the sales tax on November 6th 2012 which becomes effective January 1st, 2013. There was also a ballot question that implemented a 2.1% use tax in 2007 that also lowered the City sales tax rate by .1%. The code was amended to reflect the new use tax but the sales tax rate was not amended in the code. This ordinance corrects that. BACKGROUND: Various sales tax rates have been approved over the years to fund different governmental activities. The total City of Aspen sales tax rate is now 2.4%. The total tax rate including other entities is now 9.3% for retail sales and 11.3% for lodging. DISCUSSION: The ordinance amends the City of Aspen Municipal code to reflect sales tax rates as approved by the voters. FINANCIAL/BUDGET IMPACTS: There are no financial impacts for amending the code to reflect the voter approved sales tax rate change. The .3% sales tax increase will raise approximately $1,750,000 for the school district. RECOMMENDED ACTION: Staff recommends approval of the ordinance amending the municipal code. P157 VIII.b Page 2 of 2 ALTERNATIVES: If the municipal code is not amended it will be inconsistent with the voter approved change in the City sales tax rate. PROPOSED MOTION: Move to adopt Ordinance #35 at second reading. CITY MANAGER COMMENTS: ATTACHMENTS: P158 VIII.b ORDINANCE NO. 35 Series of 2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS 23.32.060(a), 23.32.060(c), and 23.32.070(a) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO IMPOSE A NEW 0.3% SALES TAX FOR EDUCATIONAL PURPOSES AND TO CODIFY OTHER RECENTLY ADOPTED MEASURES. WHEREAS, the voters of the City of Aspen at the November, 2012, election authorized the imposition of an additional 0.3% sales tax for “Educational Purposes Providing Support for the Aspen School District No. 1 (RE);” and WHEREAS, the City Council desires to amend the Aspen Municipal Code to codify this increase in the rate of the tax pursuant to this adopted measure and to codify other recently adopted measures; and, WHEREAS, the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. Text being removed looks like this. • Text being added is bold and underline. Text being added looks like this. • Text which is not highlighted is not affected; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Section 23.32.060(a) of the City of Aspen Municipal Code be amended to read as follows: Sec. 23.32.060. Rate; imposition and collection; distribution. (a) Sales tax. There is hereby levied a tax or excise upon all sales of tangible personal property and services specified in Section 23.32.090 at a rate of two and fourtwo tenths of a percent (2.42%) for all transactions consummated or contracts entered into as defined by Section 23.32.090. Section 2. That Section 23.32.060(c) of the City of Aspen Municipal Code be amended to add a new subsection (7) to read as follows: (c) Distribution. The distribution of all retail sales taxes shall be in accordance with the following: P159 VIII.b (1) The City shall pay for all costs of administration and collection of sales taxes levied in accordance with this Title from all sources of revenue. (2) Sales tax receipts derived prior to July 1, 1990, from the one percent (1.0%) tax levied pursuant to Ordinance No. 16, Series of 1970, shall be set aside in a separate fund entitled "Land Acquisition Including Open Space and Capital Improvement Fund," and expended by the City Council for the acquisition of real property including open space or construction of capital improvements incurred for such land acquisition including open space or construction of capital improvements, food tax refunds payable by the City, and for such expenditures as may be necessary to protect the real properties including open space acquired or the capital improvements constructed from any and all, threatened or actual, damages, loss, destruction or impairment from any cause or occurrences. (23) Sales tax receipts derived on or after July 1, 1990, from the one percent (1.0%) tax levied pursuant to Ordinance No. 16, Series of 1970, shall be set aside in a separate fund entitled "Parks and Open Space Fund," and expended by the City Council solely for the acquisition of parks, trails and open space real property, for the construction of improvements on any real property, owned or purchased by the City for parks, trails and open space purposes, for maintenance of real property owned by the City and used for parks, trails and open space and for payment of indebtedness incurred for acquisition or improvement of parks, trails and open space real property, food tax refunds payable by the City and for such expenditures as may be necessary to protect real property or the improvements thereon owned by the City for parks, trails and open space purposes, and for the payment of sales tax revenue bonds issued by the City; and (34) Sales tax receipts derived from the fifteen-one hundrethsone quarter of one percent (0.1525%) additional sales tax levied pursuant to Ordinance No. 24-A, Series of 1988the ballot question approved by City Council in Ordinance 55, Series 2007, shall be set aside in a separate fund designated as the "City Parking Improvement Transportation Fund," and shall be expended by the City Council solely for the payment of services, facilities and programs with regard to the City transportation system.construction of a parking facility on the Rio Grande property, paving a new street to connect Mill and Spring Streets, paving for the surface parking which remains outside of the parking facility on the site, all necessary incidental appurtenant facilities, structures, furnishings and equipment, land acquisition, general operating purposes, payment of indebtedness incurred in connection therewith, reserves and for the expenditures necessary to protect any such property against loss or damage or destruction. (45) Sales tax receipts derived from the forty-five one hundredths of one percent (0.45%) additional sales tax levied pursuant to Ordinance No. 81, Series of 1990, shall be set aside in a separate funds designated as the "Affordable Housing Fund and the /Day Care Fund,". The City Council will allocate the .45% sales tax between the funds as it shall, from time to time designate. The sales tax from the .45% sales tax and shall be expended by the City Council for the purpose of creating public or private affordable housing and day care opportunities within the city and county, including but not by way of limitation, capital improvements and capital expenditures therefor, land acquisition, payment of indebtedness incurred in connection with any affordable housing or day care expenditures, reserves and for expenditures necessary to protect any such property acquired or capital improvements constructed P160 VIII.b or purchased from any and all threatened or actual damages, loss, destruction or impairment from any such cause or occurrences. (56) All sales taxes collected by and paid by the County to the City in accordance with Ordinance No. 25, Series of 1985, shall be spent solely for those purposes set forth at Section 1 of said Ordinance. (67) Sales tax receipts derived from the one-half percent (0.5%) sales tax levied pursuant to Ordinance No. 7, Series of 2001, shall be set aside in the separate fund referenced in Paragraph 23.32.060(c)(3) and expended by the City Council solely for the purpose of buying, improving and maintaining trail, recreation and open space properties and ancillary facilities. (87) Sales tax receipts derived from the thirty one hundredths of one percent (0.30%) additional sales tax levied pursuant to the ballot question approved by City Council in Resolution 84, Series 2012 and approved by the City of Aspen qualified electors on November 6th, 2012, shall be set aside in a separate fund designated as the "Education Fund," and shall be expended by the City Council solely for educational purposes providing support to the Aspen School District No.1(RE). (d) The taxes imposed in this Title shall be in addition to all other taxes imposed by law. (Code 1971, § 21-10.6; Ord. No. 26-1992, § 3; Ord. No. 7-2001, §§ 1, 2) Section 3. That Section 23.32.070(a) of the City of Aspen Municipal Code be amended by replacing the existing payment schedule with the following schedule and adopting the modification below: Price Tax $0.01 including $0.20 $0.00 $0.21 including $0.62 $0.01 $0.63 including $1.04 $0.02 $1.05 including $1.45 $0.03 $1.46 including $1.87 $0.04 $1.88 including $2.29 $0.05 $2.30 including $2.70 $0.06 $2.71 including $3.12 $0.07 $3.13 including $3.54 $0.08 $3.55 including $3.95 $0.09 $3.96 including $4.37 $0.10 $4.38 including $4.79 $0.11 $4.80 including $5.20 $0.12 $5.21 including $5.62 $0.13 $5.63 including $6.04 $0.14 P161 VIII.b $6.05 including $6.45 $0.15 $6.46 including $6.87 $0.16 $6.88 including $7.29 $0.17 $7.30 including $7.70 $0.18 $7.71 including $8.12 $0.19 $8.13 including $8.54 $0.20 $8.55 including $8.95 $0.21 $8.96 including $9.37 $0.22 $9.38 including $9.79 $0.23 $9.80 including $10.00 $0.24 When the price exceeds ten dollars ($10.00), the tax shall be twenty-fourtwo cents ($0.242) on each ten dollar ($10.00) increment of the price, plus the tax shown above for the applicable fractional part of a ten dollar ($10.00) increment of each price. Section 4. 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 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. A public hearing on the ordinance shall be held on the day of , 2012, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. P162 VIII.b INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 2012. _____________________________ Michael C. Ireland, Mayor ATTEST: _______________________ Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of , 2012. _____________________________ Michael C. Ireland, Mayor ATTEST: _______________________ Kathryn S. Koch, City Clerk P163 VIII.b Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director DATE OF MEMO: 11/14/2012 MEETING DATE: 11/26/2012 RE: Code Amendment - Master Plans REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P165 VIII.c Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P166 VIII.c 12.10.2012 – Master Plans Code Amendment 2nd Reading Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: Master Plan Process Code Amendment Ordinance ___, Series of 2012, First Reading DATE OF MEMO: December 2, 2012 MEETING DATE: December 10, 2012 SUMMARY: The attached Ordinance includes proposed code amendments to the Master Plan Process based on Council direction provided as part of the Policy Resolution passed November 12, 2012. The objective of the proposed code amendments is to update and streamline the process for initiating, developing, and adopting all Master Plans. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 2nd reading of proposed code amendments to change the Master Plan process. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: The Land Use Code does not outline a specific process for the initiation, development, or adoption of any Plan. The code identifies the Aspen Area Community Plan, but no specific process for developing or adopting the AACP is outlined. In addition, the code does not address how other plans, such as the Civic Master Plan, or a neighborhood plan, should be created. As part of the implementation of the Aspen Area Community Plan (AACP), City Council expressed a desire to explore modifications to the review and adoption process for the AACP. Council members have asked staff to consider the length of the process, the role of the community, P&Z, Council, and staff in any update, as well as the frequency of updates. P167 VIII.c 12.10.2012 – Master Plans Code Amendment 2nd Reading Page 2 of 3 Though the City has made significant efforts to engage the community on planning in general and the AACP in particular, the code does not require public outreach on long range planning efforts. Participation by the community is essentially limited to the traditional public hearings. PROPOSED PROCESS: In an effort to clarify the process and enable future long range plans to be reviewed and adopted expeditiously, staff proposes the following change to the review process for all long range and master plans: 1. City Council initiation of a plan. 2. Compile existing conditions/background information as necessary. (staff) 3. Conduct a public outreach process. (staff) 4. Write a draft plan based on steps 2 & 3. (staff) 5. Hold a comment period for the community and boards. During this time, P&Z and HPC would be asked to provide formal comments on the plan. This could include proposing specific language changes, requesting additional public outreach, or providing general comments. (The length of the comment period would be determined by City Council) 6. Public review of the plan through public outreach and/or hearings. 7. Repeat any steps, as determined necessary by City Council. 8. Formal review and adoption of plan by City Council. This proposal is very similar to how the federal government conducts their public process. Staff believes this review process would effectively utilize staff resources, and would likely engage the community more effectively than the current procedures. Based on past Council comments and the adoption of the AACP, staff is recommending that Master Plans be guiding in nature. PLANNING AND ZONING COMMISSION COMMENTS: Staff met with the Planning and Zoning Commission to review the Master Plan process and to get feedback on the initial direction. The P&Z expressed interest in improving the process, while maintaining the role that the P&Z has held in developing and reviewing plans. The P&Z stated that City Council should be in the role of initiating plans, and that the P&Z should be involved in the public engagement and drafting of a plan. They agreed that a planning process should consist of many citizen boards “championing” the topic or area they have expertise in to ensure a more timely review of a plan. As an example, they expressed frustration in being asked to review the Lifelong Aspenite chapter of the AACP because they are not experts in the health and human services field. They felt that the groups who are experts in that arena should have been tasked with developing and reviewing the chapter. P&Z also supported having timelines associated with reviewing a plan, but cautioned that any time frame should be realistic and flexible. The P&Z was split regarding if Master Plans, including the AACP, should be guiding or regulatory in nature. A majority of P&Z stated that the point of a plan is to serve as a guide for P168 VIII.c 12.10.2012 – Master Plans Code Amendment 2nd Reading Page 3 of 3 the future and as such should guiding in nature. One member expressed concern that if a plan was not regulatory that it would not be implemented. STAFF RECOMMENDATION: Staff recommends adoption of the attached Ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to approve Ordinance No. 31, Series of 2012, approving code amendments to the Master Plan process.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Staff Findings Exhibit B – Proposed Master Plan Code Amendment Language Exhibit C – Proposed Code Amendment Language to Part 100 Exhibit D – Proposed Code Amendment Language to Part 200 Exhibit E – Approved Policy Resolution 104, Series 2012 P169 VIII.c City Council Ord #31 of 2012 Master Plans Code Amendments Page 1 of 7 ORDINANCE No. 31 (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: ADDING A NEW SECTION, SECTION 26.311, MASTER PLANS, AND AMENDING SECTIONS 26.104.030, COMPREHENSIVE COMMUNITY PLAN AND OTHER PLANS, GUIDELINES OR DOCUMENTS, 26.208.010, CITY COUNCIL - POWERS AND DUTIES 26.210.020, COMMUNITY DEVELOPMENT DEPARTMENT - DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT, 26.212.010, PLANNING AND ZONING COMMISSION - POWERS AND DUTIES, AND 26.220.010, HISTORIC PRESERVATION COMMISSION – POWERS AND DUTIES. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the master plan process; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission to gain feedback on potential code changes to the Master Plan process; and, WHEREAS, during a duly noticed public hearing on November 12, 2012, the City Council approved a Policy Resolution, Resolution 104, Series of 2012, directing staff to process code amendments related to heights and land uses in the downtown, by a four - one (4 - 1) vote; and, WHEREAS, the Community Development Director has recommended approval of adding the proposed new section, Section 26.311, Master Plans, to the Land Use Code, and recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.208.010, City Council - Powers and Duties 26.210.020, Community Development Department - Director of Community Development Department, 26.212.010, Planning and Zoning Commission - Powers and Duties, and 26.220.010, Historic Preservation Commission – Powers and Duties; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and P171 VIII.c City Council Ord #31 of 2012 Master Plans Code Amendments Page 2 of 7 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: A new Section of the Land Use Code, Section 26.311 – Master Plans, is hereby added to the Land Use Code, as follows: Chapter 26.311 MASTER PLANS Sections 26.311.010 Purpose 26.311.020 Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter, these planning efforts are referred to as “master plans.” The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The AACP shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the like. This Chapter outlines a process for adopting master plans focused on land use and development. Plans focusing on non-land use issues may also follow this process. This Chapter does not require all City initiatives to be developed and approved in this manner and does not preclude processes that are not outlined herein. 26.311.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step eight is required for adoption of a master plan. The City Council may decide to pursue an initiative through other means than outlined below. 1. Step One – Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. P172 VIII.c City Council Ord #31 of 2012 Master Plans Code Amendments Page 3 of 7 b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Community Development Director, or City Department Director, as applicable, may provide City Council with a recommendation regarding the initiation of a master plan. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The direction may be provided during a regular meeting or a work session of the Council and may be incorporated into approval of a department work program or budget. d. Notice requirements: None. 2. Step Two – Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc., as needed to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three – Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four – Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five – Establish Comments Period. a. Purpose: To establish a public comments period and identify specific interest groups from which comments are sought. b. Process: Unless otherwise established in step 1, City Council shall determine the length of the comment period. This period may be extended. City Council may P173 VIII.c City Council Ord #31 of 2012 Master Plans Code Amendments Page 4 of 7 request formal comments from certain city boards; citizen, civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to assist interest groups in the formulation of comments. City Boards may provide general comments, specific language or topical changes, or other changes and comments as they deem necessary. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. 6. Step Six – Public Review and Comment. a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, direct outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques or extend the comments time period. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 7. Step Seven – City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the draft plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. d. Notice requirements: None. 8. Step Eight – City Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present City Council with the draft plan along with a summary of the steps taken to develop the plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. P174 VIII.c City Council Ord #31 of 2012 Master Plans Code Amendments Page 5 of 7 d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process at any time by motion of the Council. 26.311.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on property. Master plans may be used to develop proposed legislation (which may burden property), to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. Section 2: 26.208.010, City Council - Powers and Duties, shall be amended as follows: [No Changes to Sections A – H] I. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory capacity by the City; [No Changes to Section J – P] Section 3: 26.210.020.B.18-24, Community Development Department - Director of Community Development Department, shall be amended as follows: [No Changes to Sections 1 – 17] 18. To undertake all general comprehensive planning responsibilities; [No Changes to Sections 19 – 20] 21. To approve, approve with conditions or deny development subject to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; 22. To extinguish a transferable development right in accordance with Chapter 26.535; 23. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540; and 24. To assist and staff all aspects of the Master Planning process in accordance with Chapter 26.311. Section 4: 26.212.010, Planning and Zoning Commission - Powers and Duties, shall be amended as follows: [No Changes to Sections A – Q] P175 VIII.c City Council Ord #31 of 2012 Master Plans Code Amendments Page 6 of 7 R. To adopt by resolution any operational guidelines or documents that will be used guiding capacity by the Commission. To recommend via resolution the adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311. Section 5: 26.220.010, Historic Preservation Commission – Powers and Duties, shall be amended as follows: [No Changes to Sections A – D] E. To adopt by resolution any operational guidelines or documents that will be used in a guiding capacity by the Commission. To recommend via resolution adoption of design guidelines by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311; [No Changes to Sections F – K] Section 6: 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents, shall be amended as follows: 26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities and jurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents, pursuant to Section 26.311, Master Plans. Section 7: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: 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 9: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 10: P176 VIII.c City Council Ord #31 of 2012 Master Plans Code Amendments Page 7 of 7 A public hearing on this ordinance shall be held on the 10th day of December, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November, 2012. Attest: __________________________ ____________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this ___ day of ______, 2012. Attest: __________________________ ___________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: ___________________________ City Attorney P177 VIII.c 11.12.2012 Downtown Zoning 1st Reading; Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed code amendment is consistent with the Land Use Code. It creates a process for all Master Plans, which currently does not exist. The Land Use Code references the creation of comprehensive plans and master plans, but does not outline the process. This code amendment clarifies the process already allowed in the code. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: As part of the implementation of the Aspen Area Community Plan (AACP), City Council has directed Community Development staff to update the process for initiating, developing, and adopting Master Plans. This direction has been based on the “lessons learned” from the recent adoption of the AACP. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendments is to ensure a predictable long range planning process. Staff finds this criterion to be met. P179 VIII.c City of Aspen Land Use Code Part 300 – Master Plans Page 1 Chapter 26.311 MASTER PLANS Sections 26.311.010 Purpose 26.311.020 Procedure for Plan Development, Review, and Adoption 26.311.030 Master Plan Use and Effect. 26.311.010. Purpose. The purpose of this Chapter is to provide a means for formulating, adopting, and updating master plans, comprehensive plans, and special area or topical plans. For the purposes of this Chapter, these planning efforts are referred to as “master plans.” The City may from time to time adopt, re-adopt, amend, update, or add to the comprehensive community plan (known as the Aspen Area Community Plan or AACP) which establishes and projects the City's land use and development planning philosophy, goals, and policies. The AACP may be broader in scope and serve as a guide for non-land use issues of the community. The AACP shall encourage regional planning with neighboring communities and jurisdictions. The City may from time to time adopt, re-adopt, amend, update, or add to a master plan which establishes and projects the City's philosophy, goals, and policies regarding a particular area, issue, or topic. Examples include a neighborhood plan, a downtown pedestrian plan, and the like. This Chapter outlines a process for adopting master plans focused on land use and development. Plans focusing on non-land use issues may also follow this process. This Chapter does not require all City initiatives to be developed and approved in this manner and does not preclude processes that are not outlined herein. 26.311.020. Procedure for Plan Development, Review, and Adoption A. General. The City of Aspen may from time to time adopt master plans to reflect the needs and aspirations of the community and define methods to achieve those goals. B. Steps required: The following steps may be modified to address the nature of a master plan topic and the needs of the community. The desired steps should be considered during step one, plan initiation. Step eight is required for adoption of a master plan. The City Council may decide to pursue an initiative through other means than outlined below. 1. Step One – Plan Initiation. a. Purpose: To determine if a master plan should be initiated or updated. P181 VIII.c City of Aspen Land Use Code Part 300 – Master Plans Page 2 b. Process: The City Council shall decide whether the City should initiate a master plan. The City Manager, Community Development Director, or City Department Director, as applicable, may provide City Council with a recommendation regarding the initiation of a master plan. Input from city boards, citizens, civic or business groups, and other government organizations should be considered. A general understanding of the topics to be covered, resources needed, the desired process steps, and timeframe for adoption should be considered. c. Form of decision: City Council decision to initiate a master plan shall be by motion. The direction may be provided during a regular meeting or a work session of the Council and may be incorporated into approval of a department work program or budget. d. Notice requirements: None. 2. Step Two – Existing Conditions/Background Information. a. Purpose: To assemble need information and resources to facilitate plan development. b. Process: City staff shall identify and assemble important background information, studies, reports, etc., as needed to enable an informed dialogue on the topic. Background information may be issued as a report or presented to the public or City boards as applicable. 3. Step Three – Public Outreach. a. Purpose: To facilitate citizen awareness and solicit participation regarding community goals, aspirations, and expectations of the master plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques. A summary of the outreach efforts and citizen comments may be issued as a report or presented to the public or City boards as applicable. 4. Step Four – Draft Plan. a. Purpose: To assimilate community aspirations into a cohesive plan. b. Process: City staff shall develop a draft master plan that assimilates community aspirations into a plan with a cohesive vision and a set of goals and policy objectives. The plan should be aspirational in nature but should include sufficient detail to guide implementation. A draft plan may take several iterations or be P182 VIII.c City of Aspen Land Use Code Part 300 – Master Plans Page 3 developed in a phased manner. A draft plan may suggest multiple options or strategies for further refinement. 5. Step Five – Establish Comments Period. a. Purpose: To establish a public comments period and identify specific interest groups from which comments are sought. b. Process: Unless otherwise established in step 1, City Council shall determine the length of the comment period. This period may be extended. City Council may request formal comments from certain city boards; citizen, civic, non-profit, or business associations; or, from other governmental bodies. City Council may direct city staff to assist interest groups in the formulation of comments. City Boards may provide general comments, specific language or topical changes, or other changes and comments as they deem necessary. c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. 6. Step Six – Public Review and Comment. a. Purpose: To facilitate citizen awareness of the draft plan and solicit comments, critique, and suggestions on how to improve the plan. b. Process: City staff shall engage the public through a variety of efforts, which may include open houses, surveys, small-group meetings, structured feedback sessions, web-based methods, direct outreach to groups or individuals with particular interest, etc. City Council shall be made aware of the outreach efforts and may from time to time request additional or different techniques or extend the comments time period. A summary of the outreach efforts and comments received may be issued as a report or presented to the public or city boards as applicable. 7. Step Seven – City Council Review. a. Purpose: To review the draft master plan and the comments received and either direct amendments to the draft plan (which may include repeating some of the above steps) or direct staff to proceed to the adoption step. b. Process: City staff shall present the draft plan and the public feedback to City Council. City staff may also present modifications or options to the plan in response to public feedback or suggest repeating some or all of the above steps. City Council shall review the draft plan and provide direction to staff to either amend the plan for further consideration by the Council, amend the plan and repeat some of the above steps, or prepare the plan for adoption. P183 VIII.c City of Aspen Land Use Code Part 300 – Master Plans Page 4 c. Form of decision: City Council direction shall be by motion. The direction may be provided during a regular meeting or a work session of the Council. d. Notice requirements: None. 8. Step Eight – City Council Adoption. a. Purpose: To consider adoption of the master plan. b. Process: City staff shall present City Council with the draft plan along with a summary of the steps taken to develop the plan, comments received, and any suggested amendments to the plan. After receiving comments from the public during a public hearing, City Council may adopt the plan as presented, adopt the plan with amendments, direct amendments to the plan for further consideration, direct staff to repeat of any of the above process steps, or not adopt the plan and terminate the process. c. Standard of Review: City Council shall determine if adoption of the master plan is in the best interests of the community. d. Form of decision: City Council adoption shall be by Resolution, after a public hearing. Direction to staff to amend the plan or repeat any of the process steps above may be by motion. e. Notice requirements: Publication, pursuant to Subparagraph 26.304.060.E.3.a. C. Reciprocal Adoption. City Council may adopt a master plan of another jurisdiction by using the steps outlined above. City Council may condition adoption of a master plan on the adoption of the plan by another jurisdiction. D. Master Planning Termination. Notwithstanding the above steps, City Council may terminate a master planning process at any time by motion of the Council. 26.311.030. Master Plan Use and Effect. Adopted master plans of the City of Aspen shall be guiding and shall not place a burden on property. Master plans may be used to develop proposed legislation (which may burden property), to initiate new policies or operational practices, to develop budgets or department work programs, or to otherwise guide action of the City in the public interest. Master plans shall not be legally binding and shall not regulate or place a burden on real property. P184 VIII.c Exhibit C – Part 100 Changes Page 1 of 1 Exhibit C – Redline changes to 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents, shall be amended as follows: 26.104.030. Master Plans, Comprehensive Community Plan and other plans, guidelines or documents. A. The City shall from time to time adopt and update a comprehensive community plan (known as the Aspen Area Community Plan or AACP) which shall establish and project the City's land use and development planning philosophy, goals and policies. The comprehensive community plan shall be broad in scope and serve as a guide to all land use development and planning. The plan shall encourage and incorporate regional planning as well as land use development cooperation and coordination between the City and neighboring communities and jurisdictions. B. From time to time the City may re-adopt, amend, extend or add to its comprehensive community plan or carry any part of its subject matter into greater detail through the development of supplemental plans, guidelines or documents, pursuant to Section 26.311, Master Plans. Within the text of these plans, guidelines or documents, it shall be described how the material shall be used in relation to the AACP, land use development and planning. Specifically, there shall be a determination of whether the document will be used as a guiding or regulatory document. The document shall be adopted by resolution or ordinance, as provided in Chapter 26.200, Administration — Decision-Making Bodies. C. Before the adoption of a plan or any such part, amendment, extension or addition by an adopting body, at least one (1) public hearing shall be conducted, notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in the City as outlined in Subparagraph 26.304.060.E.3.a, Publication of notice. P185 VIII.c Exhibit D – Part 200 Changes Page 1 of 2 Exhibit D – Redline changes to Part 26.200 26.208.010 – City Council, Powers and duties. [No Changes to Sections A – H] I. To adopt by resolution or ordinance any master plans, guidelines or documents that will be used in a guiding or regulatory capacity by the City, pursuant to Chapter 26.311, to adopt operational guidelines or documents, and to adopt design guidelines. How the material shall be used in relation to the AACP, land use development and planning shall be described in the content of the resolution or ordinance. Specifically, there shall be a determination of whether the document will be used as a guiding or regulatory document. When used as a guiding document of the City, it shall be adopted by resolution and, when used as a regulatory document, it shall be adopted by ordinance. Any plans, guidelines or documents that are adopted by resolution or ordinance shall not be adopted until notice is provided as outlined in Section 26.104.030 of this Title, the Comprehensive Community Plan and other plans, guidelines or documents; [No Changes to Sections J – P] 26.210.020. Director of Community Development Department. B. Jurisdiction, authority and duties. [No Changes to Sections 1 – 17] 18. To undertake all other general comprehensive planning responsibilities; [No Changes to Sections 19 – 20] 21. To approve, approve with conditions or deny development subject to Chapter 26.520, Accessory Dwelling Units and Carriage Houses; and 22. To extinguish a transferable development right in accordance with Chapter 26.535;. 23. To issue and extinguish Affordable Housing Certificates in accordance with Chapter 26.540; and 24. To assist and staff all aspects of the Master Planning process in accordance with Chapter 26.311. 26.212.010. Planning & Zoning Commission, Powers and duties. [No Changes to Sections A – Q] R. To adopt by resolution any plans, operational guidelines or documents that will be used in a guiding capacity by the Commission. or, if to be used in a regulatory capacity, tTo recommend via resolution the adoption of any plans, design guidelines or documents by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311.How the material shall be used in relation to the AACP, land use development and planning shall be described in the content of the resolution. Specifically, there shall be a determination of whether the document will be used as a guiding or regulatory document. When a plan, guideline or document is to serve as a regulatory document as determined by the Commission, the resolution shall include a P187 VIII.c Exhibit D – Part 200 Changes Page 2 of 2 recommendation to the City Council for adoption of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents. 26.220.010. Historic Preservation Commission, Powers and duties. [No Changes to Sections A – D] E. To adopt by resolution any plans, operational guidelines or documents that will be used in a guiding capacity by the Commission. or, if to be used in a regulatory capacity, tTo recommend via resolution adoption of any plans, design guidelines, or documents by the City Council. To provide input on Master Plans, in accordance with Chapter 26.311;How the material shall be used in relation to the AACP, land use development, planning and historic preservation shall be described in the content of the resolution. Specifically, there shall be a determination of whether the document shall be used as a guiding or regulatory document. When a plan, guideline or document is to serve as a regulatory document as determined by the Commission, the resolution will include a recommendation to the City Council for adoption of the document by ordinance. Any plans, guidelines or documents that are adopted by resolution shall not be adopted until notice is provided as outlined in Section 26.104.030, Comprehensive Community Plan and other plans, guidelines or documents; [No Changes to Sections F – K] P188 VIII.c Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon DATE OF MEMO: 11/15/2012 MEETING DATE: 11/26/2012 RE: Code Amendment - Historic Districts REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P189 VIII.d Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P190 VIII.d Staff Memo, 12/10/12 Code Amendment – Historic Districts Page 1 of 3 MEMORANDUM TO: Mayor and Aspen City Council FROM: Sara Adams, Senior Planner THRU: Chris Bendon, Community Development Director RE: Code Amendment – Chapter 26.415 Historic Preservation – Second Reading of Ordinance # 33, Series of 2012 – public hearing MEETING DATE: December 10, 2012 ______________________________________________________________________________ SUMMARY: The attached Ordinance includes proposed code amendment clarifying the applicability of non- designated properties within Historic Districts based on Council direction provided as part of the Policy Resolution passed August 27, 2012. The objective of the proposed code amendment is to clean up language stating that all properties within the Historic Districts shall meet the requirements in Chapter 26.415, Historic Preservation. A redline version of the proposed changes are included as Exhibit B. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the second reading on proposed code amendments for Historic Districts. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: Questions regarding the applicability of non-designated properties related to Land Use Code Chapter 26.415, Historic Preservation, were raised in 2011 during the Benton Building/Little Annie’s development application (517 and 521 E. Hyman Avenue). The applicant challenged whether non-designated properties are included on the Aspen Inventory of Historic Landmark Sites and Structures and as such are subject to demolition review by the Historic Preservation Commission. This discussion pointed out areas in the Code that could be simplified and clarified. P191 VIII.d Staff Memo, 12/10/12 Code Amendment – Historic Districts Page 2 of 3 A Historic District is a collection of buildings that are related historically or aesthetically by plan or physical development. Aspen’s Historic Districts are comprised of individually designated properties, properties that contribute to the significance of the Historic District, and properties that are considered noncontributing resources to the Historic District. These buildings all play a role in the integrity of the District and all require review by the HPC to ensure consistency with traditional development patterns. Since the inception of the Commercial Core Historic District in 1972, all properties within the District have been subject to design and demolition review by the Historic Preservation Commission, which is consistent with historic preservation programs throughout the county on local, state and national levels. There are many examples of HPC exercising its jurisdiction to review applications for Demolition of structures located within a Historic District, but not individually designated properties. The most recent reviews include: 435 W. Main (Aspen Jewish Community Center) 2005 434 E. Cooper (Bidwell) 2006 308 E. Hopkins (La Cocina), 2006 508 E. Cooper Avenue (Cooper Street Pier), 2006 420/422 E. Hopkins (Fire Station), 2007 517 E. Hyman (Little Annie’s), 2012 521 E. Hyman (Benton Buiding), 2012 Council directed Staff to clarify the language regarding Historic District review concurrent with changes to the Commercial Core Historic District. The proposed amendment does not change HPC’s jurisdiction; rather it clarifies the Code language to better reflect the applicability of the Historic Preservation Chapter to non-designated properties within Historic Districts. PROPOSED AMENDMENT (A REDLINE VERSION IS ATTACHED AS EXHIBIT B): Section 1: This is a new section that clarifies the applicability of the Chapter to both properties listed on the Aspen Inventory of Historic Sites and Structures and all properties, including rights of way, within a Historic District. Section 2: Changes include clarifications to the definitions of the following terms: contributing resource, designated property, historic district, and noncontributing resource. Section 3: This section addresses the effect of being designated, which already includes properties located in historic districts. The proposed change adds Historic District to the heading for clarity. It also clarifies that major projects involving rights-of-way within Historic District boundaries require referral comments from HPC, which is consistent with current practice. Section 4: This section addresses review process and criteria for development involving historic properties. The proposed change clarifies that this section applies to properties P192 VIII.d Staff Memo, 12/10/12 Code Amendment – Historic Districts Page 3 of 3 within historic districts. It also clarifies that development involving landscapes on historic properties or properties within a Historic District is under HPC’s purview. Landscapes are considered part of the property designation and have always been reviewed by Staff or HPC pursuant to the adopted Historic Preservation Design Guidelines. Section 5: This section addresses review criteria for demolition. The proposed change clarifies that this section applies to properties within historic districts. Section 6: This section outlines all incentives available to historic properties. The proposed change clarifies that the benefits do not apply to non-designated properties within historic districts. Section 7: This section cleans up and clarifies the applicable review criteria regarding parking reductions on landmark properties. STAFF RECOMMENDATION: Staff believes that the project is consistent with the applicable review standards in the City Land Use Code. Staff recommends approval of the code amendment. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): “I move to approve Ordinance No. 33, Series of 2012, approving the proposed Code Amendment on second reading.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Ordinance # 33, Series of 2012 ATTACHMENTS: EXHIBIT A – Review criteria Exhibit B – Redline version of Code changes. P193 VIII.d City Council Ord. #33 of 2012 Historic Districts Code Amendments Page 1 of 7 ORDINANCE No. 33 (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO CHAPTER 26.415 – HISTORIC PRESERVATION OF THE CITY OF ASPEN LAND USE CODE WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the applicability of Land Use Code Chapter 26.415 to properties within a designated Historic District; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach, including three small group meetings, an Open City Hall Forum, an on-line survey, and individual letters from members of the public, to gain feedback from the community on potential code changes to the Commercial Core Historic District; and, WHEREAS, more than 200 individuals were engaged in the Public Outreach process; and, WHEREAS, during a duly noticed public hearing on August 27, 2012, the City Council approved a Policy Resolution, Resolution 82, Series of 2012, directing staff to process code amendments related to heights and land uses in the downtown, by a three - two (3 - 2) vote; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.415 – Historic Preservation; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: 26.415.015 – Applicability, shall be added to Chapter 26.415 follows: P195 VIII.d City Council Ord. #33 of 2012 Historic Districts Code Amendments Page 2 of 7 26.415.015 Applicability. This Chapter applies to all properties listed on the Aspen Inventory of Historic Sites and Structures and to all properties located within the boundaries of a Historic District, including rights-of-way within Historic Districts as specified in Section 26.415.060. Section 2: 26.415.020 – Definitions, shall be amended as follows: 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 is considered significant. Designated property. An individual 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 that is listed on the Aspen Inventory of Historic Landmark Sites and Structures including designated properties, contributing resources, and noncontributing resources located within the boundaries of a Historic District pursuant to the Official Zone District Map. P196 VIII.d City Council Ord. #33 of 2012 Historic Districts Code Amendments Page 3 of 7 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 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]; Ord. No. 28 -2010, §1) P197 VIII.d City Council Ord. #33 of 2012 Historic Districts Code Amendments Page 4 of 7 Section 3: 26.415.060 - Effect of designation, shall be amended as follows: 26.415.060. Effect of designation or inclusion within a Historic District. A. Approvals required. Any development involving properties designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual property or located within the boundaries of a 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. HPC shall provide referral comments for major projects to rights-of-way located within the boundaries of a Historic District. Section 4: 26.415.070 – Development involving designated historic property, shall be amended as follows: 26.415.070. Development involving designated historic property or property within a Historic District. No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic 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. 1. (Ord. No. 1-2002, § 7 [part]; Ord. 43, 2004, § 3; Ord. No. 28 -2010, §1; Ord. No. 3-2012, §22 & 23) Section 5: 26.415.080 - Demolition of designated historic properties, shall be amended as follows: 26.415.080 Demolition of designated historic properties or properties within a Historic District. 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 or properties within a Historic District 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 or properties within a Historic District. 1. An application for a demolition permit for designated properties or properties within a Historic District 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 P198 VIII.d City Council Ord. #33 of 2012 Historic Districts Code Amendments Page 5 of 7 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. 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 P199 VIII.d City Council Ord. #33 of 2012 Historic Districts Code Amendments Page 6 of 7 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. Section 6: 26.415.110 – Benefits, shall be amended as follows: 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. Only designated properties may be eligible for the following benefits. Section 7: 26.415.110.D – Benefits- Parking, shall be amended as follows. 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. In addition to the review criteria listed in Chapter 26.515, 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. P200 VIII.d City Council Ord. #33 of 2012 Historic Districts Code Amendments Page 7 of 7 Section 8: The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 9: A public hearing on this ordinance shall be held on the 10th day of December, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November, 2012. Attest: __________________________ ____________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this ___ day of ______, 2012. Attest: __________________________ ___________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: ___________________________ James R. True, City Attorney P201 VIII.d Exhibit A Historic Districts – Second Reading 12.10.2012 Page 1 of 1 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed code amendment is consistent with the Land Use Code. The amendment proposes to clarify the HPC’s jurisdiction over properties located within designated Historic Districts. These changes are consistent with city policy and the Land Use Code. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The stated reason for the code amendment is to clarify HPC’s jurisdiction over properties located within Historic Districts in order to ensure that all development within Districts is consistent with the historic pattern established downtown. The AACP calls for code amendments that “ensure that City codes support the historic integrity of designated structures and ensure compatibility with the surrounding context in terms of site coverage, mass, scale, height and form.” (Historic Preservation Chapter Part II.1.) Clarifying HPC purview over all properties within Historic Districts in an effort to protect contributing and designated buildings within Districts furthers this goal. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendment is to ensure that all properties within Historic Districts are reviewed by the Historic Preservation Commission to protect the integrity of the Districts. Staff finds that this is consistent with the purpose and intent of the Historic Preservation Chapter of the Land Use Code and is in harmony with the public interest. P203 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 1 of 5 Exhibit B – Redline changes to 26.415, Historic Preservation Section 1: 26.415.015 Applicability. This Chapter applies to all properties listed on the Aspen Inventory of Historic Sites and Structures and to all properties located within the boundaries of a Historic District, including rights-of-way within Historic Districts as specified in Section 26.415.060. Section 2: 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 is considered significant. Designated property. An individual 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 that is listed on the Aspen Inventory of Historic Landmark Sites and Structures including designated properties, contributing resources, and noncontributing resources located within the boundaries of a Historic District pursuant to the Official Zone District Map. P205 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 2 of 5 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 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]; Ord. No. 28 -2010, §1) P206 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 3 of 5 Section 3: 26.415.060. Effect of designation or inclusion within a Historic District. A. Approvals required. Any development involving properties designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual property or located within the boundaries of 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. HPC shall provide referral comments for major projects to rights-of-way located within the boundaries of a Historic District. Section 4: 26.415.070. Development involving designated historic property or property within a Historic District. No building,structure, or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic 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. (Ord. No. 1-2002, § 7 [part]; Ord. 43, 2004, § 3; Ord. No. 28 -2010, §1; Ord. No. 3-2012, §22 & 23) Section 5: 26.415.080. Demolition of designated historic properties or properties within a Historic District. 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 or properties within a Historic District 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 or properties within a Historic District. 1. An application for a demolition permit for designated properties or properties within a Historic District 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. P207 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 4 of 5 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. 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 P208 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 5 of 5 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. Section 6: 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. Only designated properties may be eligible for the following benefits. Section 7: 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. In addition to the review criteria listed in Chapter 26.515, 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. P209 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 1 of 5 Exhibit B – Redline changes to 26.415, Historic Preservation Section 1: 26.415.015 Applicability. This Chapter applies to all properties listed on the Aspen Inventory of Historic Sites and Structures and to all properties located within the boundaries of a Historic District, including rights-of-way within Historic Districts as specified in Section 26.415.060. Section 2: 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 Hhistoric dDistrict. 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. An individual 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 that is listed on the Aspen Inventory of Historic Landmark Sites and Structures including designated properties, contributing resources, and noncontributing resources located within the boundaries of a Historic District pursuant to the Official Zone District Map. P211 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 2 of 5 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. 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]; Ord. No. 28 -2010, §1) P212 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 3 of 5 Section 3: 26.415.060. Effect of designation or inclusion within a Historic District. A. Approvals required. Any development involving properties designated on the Aspen Inventory of Historic Landmark Sites and Structures, as an individual building property or located within the boundaries ofin an hHistoric dDistrict, 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. HPC shall provide referral comments for major projects to rights-of-way located within the boundaries of a Historic District. Section 4: 26.415.070. Development involving designated historic property or property within a Historic District. No building, or structure, or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic dDistrict 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. (Ord. No. 1-2002, § 7 [part]; Ord. 43, 2004, § 3; Ord. No. 28 -2010, §1; Ord. No. 3-2012, §22 & 23) Section 5: 26.415.080. Demolition of designated historic properties or properties within a Historic District. 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 or properties within a Historic District 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 or properties within a Historic District. 1. An application for a demolition permit for designated properties or properties within a Historic District 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 P213 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 4 of 5 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 hHistoric dDistrict in which it is located and b) The loss of the building, structure or object would not adversely affect the integrity of the hHistoric dDistrict 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. 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. P214 VIII.d Exhibit B – redline version Historic Districts, Second Reading 12.10.2012 Page 5 of 5 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. Section 6: 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 StructuresOnly designated properties may be eligible for the following benefits. Section 7: 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. In addition to the review criteria listed in Chapter 26.515, Tthe 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. P215 VIII.d Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director THRU: Click here to enter text. DATE OF MEMO: 11/18/2012 MEETING DATE: 11/26/2012 RE: Code Amendment: Affordable Housing Certificates REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P217 VIII.e Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P218 VIII.e Code Amendment: AH Certificates Page 1 of 2 MEMORANDUM TO: Mayor Ireland and City Council FROM: Chris Bendon, Community Development Director RE: Code Amendment: Affordable Housing Certificates 2nd Reading Ordinance No. 32, Series of 2012 DATE: December 10, 2012 SUMMARY: The City Council recently provided direction to amend the Affordable Housing Certificates Program. The objective is to provide a mechanism for certificates to be converted between Categories – an issue that was never contemplated when the program was initiated. Various non- substantive clean-up are also needed to provide clarity to terms and processes within the program. STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review an ordinance amending the Affordable Housing Certificates program. All code amendments are subject to a three-step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND: The Certificates of Affordable Housing Program is nearly three years old. The first project is complete and occupied and the first Credit Certificates were issued in February this year. A second project is under construction and is expected to be occupied in roughly a year. The program allows a developer of affordable housing to sell his “credit” to another developer to use to satisfy housing mitigation requirements. When a Certificate project is built, the units are of specific APCHA Categories and the Credits are issued according to those Categories. The program needs an update. The original code adopted for this program didn’t anticipate the need for Certificate holders to exchange Certificates between different Category designations. This P219 VIII.e Code Amendment: AH Certificates Page 2 of 2 presents a problem between buyer and sellers of Certificates – “I’d like to buy some Category 2 Certificates, but you’re only selling Category 3 Certificates.” Staff has developed a concept of how to convert between Categories by using the APCHA cash- in-lieu figures. The APCHA cash-in-lieu rates reflect actual subsidy costs to house employees of various Categories. It is more expensive to mitigate for lower Category employees as the subsidy required to house lower Category employees is greater. The same condition exists in the Certificates program – it is more expensive for a developer to create lower category units. And, Certificates of lower Category designation should be worth more. By using these APCHA rates, Certificate holder could exchange their Category designations in an equivalent manner. Using the current rate structure (which will be updated soon), a 4.0 FTE Category 3 Certificate would equate to a 3.77 FTE Certificate at Category 2. The APCHA rates will change from time to time and the code would always refer to the APCHA rates in effect at the time of conversion. OUTREACH: Staff reviewed this concept with Peter Fornell, the developer of the first two projects and Certificate owner. He is supportive of the direction staff is pursuing. Staff also reviewed the initiative with the APCHA Board and Staff. They are supportive of this amendment. STAFF RECOMMENDATION: Staff recommends adoption of this ordinance. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to approve Ordinance No. 32, Series of 2012 – code amendment for the Affordable Housing Certificates Program.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Staff Findings P220 VIII.e Ordinance No. 32, Series 2012. Page 1 of 8 ORDINANCE No. 32 (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO CHAPTER 26.540 OF THE CITY OF ASPEN LAND USE CODE – CERTIFICATES OF AFFORDABLE HOUSING CREDIT. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the Certificates of Affordable Housing Credits program; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach, including meetings with owners and potential developers of Certificates, review with members of the Planning and Zoning Commission, and review with members of the Aspen/Pitkin County Housing Authority; and, WHEREAS, during a duly noticed public hearing on November 12, 2012, the City Council approved a Policy Resolution, Resolution 106, Series of 2012, directing staff to process code amendments related to the Certificates program; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapter 26.540 as described herein; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.540 of the City of Aspen Land Use Code, which section defines the creation, authority, and use of affordable housing credit certificates, shall read as follows: Chapter 26.540 CERTIFICATES OF AFFORDABLE HOUSING CREDIT Sections: P221 VIII.e Ordinance No. 32, Series 2012. Page 2 of 8 26.540.010 Purpose 26.540.020 Terminology 26.540.030 Applicability and Prohibitions 26.540.040 Authority 26.540.050 Application and fees 26.540.060 Procedures for Establishing a Credit 26.540.070 Review criteria for Establishing an Affordable Housing Credit 26.540.080 Procedures for Issuing a Certificate of Affordable Housing Credit 26.540.090 Authority of the Certificate 26.540.100 Transferability of the Certificate 26.540.110 Exchanging Category Designation of an Affordable Housing Certificate 26.540.120 Extinguishment and Re-Issuance of a Certificate 26.540.130 Amendments 26.540.140 Appeals 26.540.010 Purpose There are two main purposes of this chapter: to encourage the development of affordable housing; and to establish an option for housing mitigation that immediately offsets the impacts of development. A Certificate of Affordable Housing Credit is issued to the developer of affordable housing that is not required for mitigation. Another entity can purchase such a Certificate and use it to satisfy housing mitigation requirements. Establishing this transferable Certificate creates a new revenue stream that can make the development of affordable housing more economically viable. Establishing this transferable Certificate also establishes an option for mitigation that reflects built and occupied affordable housing, thereby offsetting the impacts of development before those impacts are felt. This Chapter describes the process for establishing, transferring and extinguishing a Certificate of Affordable Housing Credit. (Ord. No. 6-2010, §5) 26.540.020 Terminology Certificate of Affordable Housing Credit (Credit or Certificate). A transferable document issued by the City of Aspen acknowledging and documenting the voluntary provision of affordable housing which is not otherwise required by this Title or by a Development Order issued by the City of Aspen. The Certificate documents the Category Designations and number of employees housed by the affordable housing. The Credit is irrevocable and assignable. A Certificate of Affordable Housing Credit is a bearer instrument. Establishing a Credit. The process of the City of Aspen acknowledging the voluntary provision of affordable housing through issuance of a transferable Credit. Extinguishing a Credit. The process of the City accepting a Credit to satisfy affordable housing requirements of a development. Category Designation. A classification system used to reflect different sales price and rental rate restrictions of affordable housing as set forth in the Aspen/Pitkin County Housing Authority Guidelines. P222 VIII.e Ordinance No. 32, Series 2012. Page 3 of 8 26.540.030 Applicability and Prohibitions This Chapter applies to all Certificates of Affordable Housing Credit created prior to the adoption of Ordinance No. 32, Series 2012, and henceforth. Credit Certificates may be used within the city limits of the City of Aspen as provided in this Title. Credit Certificates may be used in other jurisdictions as may be authorized by that jurisdiction. This Chapter applies to affordable housing created on a voluntary basis. It does not apply to affordable housing created to address an obligation of a Development Order or which is otherwise required by this Title to mitigate the impacts of development. This Chapter does not apply to affordable housing units created prior to the adoption of Ordinance No. 6, Series of 2010. A Certificate of Affordable Housing Credit may be sold, assigned, transferred, or conveyed. Transfer shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new owner may request the Community Development Director re-issue the Credit Certificate acknowledging the new owner. The market for Certificates of Affordable Housing Credit is unrestricted and the City shall not prescribe or guarantee the monetary value of a Credit. The Community Development Director shall establish policies and procedures not inconsistent with this Chapter for the printing of certificates, their safe-keeping, issuance, re-issuance, record- keeping, and extinguishments. Projects seeking approval to develop affordable housing in exchange for Certificates of Affordable Housing Credit may be subject to additional reviews pursuant to this Title. 26.540.040 Authority The Planning and Zoning Commission, in accordance with the procedures, standards and limitations of this Chapter and of Chapter 26.304, Common Development Review Procedures, shall approve, approve with conditions, or deny an application for the establishment of a Certificate of Affordable Housing Credit. The Community Development Director, in accordance with the procedures, standards and limitations of this Chapter and of Section 26.304, Common Development Review Procedures, is authorized to issue, re-issue, exchange Category designations, and extinguish a Certificate of Affordable Housing Credit. (Ord. No. 6-2010, §5) 26.540.050 Application All applications shall include the information required under Chapter 26.304, Common Development Review Procedures. In addition, all applications must also include the following information. A. The net livable square footage of each unit. P223 VIII.e Ordinance No. 32, Series 2012. Page 4 of 8 B. If applicable, the conditions under which reductions from net minimum livable square footage requirements are requested according to Aspen Pitkin County Housing Authority Guidelines. C. Proposed Category Designation of sale or rental restriction for each unit. D. Proposed employees housed by the affordable housing units in increments of no less than one-one-hundredth (.01) according to Section 26.470.100.2 – Employees Housed. (Ord. No. 6-2010, §5) 26.540.060. Procedures for Establishing an Affordable Housing Credit A development application to establish a certificate of Affordable Housing Credit shall be reviewed pursuant to the Common Development Review Procedures set forth at Chapter 26.304, and the following procedures and standards. The City of Aspen Planning and Zoning Commission shall review a recommendation from the Community Development Director and shall approve, approve with conditions, or deny an application to establish Certificates of Affordable Housing Credit. This requires a one-step process as follows: A. Step One – Review before the Planning and Zoning Commission. 1. Purpose: To determine if the application meets the standards for authorizing establishment of a Certificate of Affordable Housing Credit 2. Process: The Planning and Zoning Commission shall approve, approve with conditions, or deny the application after considering the recommendation of the Community Development Director. 3. Standards of review: 26.540.070 4. Form of decision: Planning and Zoning Commission decision shall be by resolution. The resolution may include a description or diagram of the affordable housing. 5. Notice requirements: The requirements of 26.212.060 shall apply. No public hearing notice is required. 26.540.070 Review criteria for Establishing an Affordable Housing Credit An Affordable Housing Credit may be established by the Planning and Zoning Commission if all of the following criteria are met. The proposed units do not need to be constructed prior to this review. A. The proposed affordable housing unit(s) comply with the review standards of Section 26.470.070.4(a-d). B. The affordable housing unit(s) are not an obligation of a Development Order and are not otherwise required by this Title to mitigate the impacts of development. P224 VIII.e Ordinance No. 32, Series 2012. Page 5 of 8 (Ord. No. 6-2010, §5) 26.540.080 Procedures for Issuing a Certificate of Affordable Housing Credit Once the Planning and Zoning Commission has approved an Affordable Housing Credit through adoption of a Resolution, and a Certificate of Occupancy has been issued for the affordable housing unit(s), the Community Development Director shall issue a Certificate of Affordable Housing Credit in a form prescribed by the Director. A. The Certificate of Affordable Housing Credit shall include the following information: 1. A number of the Certificate in chronological order of their issuance. 2. Parcel identification number, legal address and the street address of the affordable housing. 3. The Category Designation and number of employees housed by the affordable housing units, according to Section 26.470.100.2 – Employees Housed, in increments of no less than one-one-hundredths (.01). B. Issuance of the Certificate. At the time of issuance of a Certificate by the City, a letter acknowledging receipt and acceptance of the certificate shall be submitted by the owner to the Community Development Department. (Ord. No. 6-2010, §5) 26.540.090 Authority of the Certificate The Certificate may be utilized in whole or in part, including fractions of an FTE no less than .01 FTE, to satisfy affordable housing mitigation requirements in accordance with other applicable sections of this Title. (Ord. No. 6-2010, §5) 26.540.100 Transferability of the Certificate A. A Certificate of Affordable Housing Credit may be sold, assigned, transferred, or conveyed in whole or in part, in increments no less than one-one-hundredth (.01). 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-review by the Planning and Zoning Commission. B. The sale, assignment, conveyance or other transfer or change in ownership of a Certificate of Affordable Housing Credit shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the Certificate number, the grantor, the grantee and the total value of the consideration paid for the Certificate. Failure to timely or accurately report such transfer shall not render the Credit void. P225 VIII.e Ordinance No. 32, Series 2012. Page 6 of 8 C. The market for Certificates of Affordable Housing Credit is unrestricted and the City shall not prescribe or guarantee the monetary value of a Certificate of Affordable Housing Credit. (Ord. No. 6-2010, §5) 26.540.110 Converting Category Designation of an Affordable Housing Certificate Certificates of Affordable Housing Credit represent a number of employees housed at a specific Category designation. Projects seeking extinguishment of a Credit to satisfy affordable housing mitigation standards of this Title may have a different Category Designation requirement than an existing Certificate represents. This section sets forth a process to convert a Certificate of a certain Category Designation for a Certificate of a different Category Designation. This process amends the number of employees housed to create an equivalency. This Section relies on the Affordable Housing Dedication Fees (aka Fee-in-Lieu) stated in the Aspen Pitkin County Housing Authority Guidelines, as are amended from time to time. To convert a Certificate of a certain Category Designation for a Certificate of a different Category Designation, the following steps are necessary: Step 1. Multiply the employees housed stated on the existing Certificate by the per employee Fee-in-Lieu fee for the Category Designation as stated in the APCHA Guidelines. Step 2. Divide the resulting number from step 1 by the Fee-in-Lieu fee for the Category Designation of the proposed Certificate. The resulting number from step 2 shall be the employees housed for the proposed Certificate. The Community Development Director shall re-issue a Certificate using this number of employees housed and specifying the proposed Category Designation. Example: An owner of a Category 3 Certificate wishes to exchange the Certificate for a Category 2 Certificate. The existing Certificate states 2.25 employees housed. Step 1. Employees housed multiplied by Category 3 per-FTE Fee-in-Lieu. 2.25 X $217,567 = $489,525.75 Step 2. Number from step 1 divided by Category 2 per-FTE Fee-in-Lieu. $489,525.75 / $230,583 = 2.12 In this example, the Community Development Director would re-issue a Certificate stating 2.12 employees housed and a Category 2 designation. Please note that the Aspen/Pitkin County Housing Authority Fee-in-Lieu rates change from time to time. The rates used for this calculation shall be those in effect upon request for conversion. The conversion of a Certificate’s Category Designation shall be approved by the Community Development Director and shall not require additional review by the Planning and Zoning Commission. P226 VIII.e Ordinance No. 32, Series 2012. Page 7 of 8 26.540.120 Extinguishment and Re-Issuance of a Certificate A. Unless otherwise stated in a Development Order, extinguishing all or part of a Certificate of Affordable Housing Credit shall occur prior to issuance of a Building Permit for the development for which the housing mitigation is required. Extinguishment shall be evidenced by an assignment of ownership on the actual certificate document to “the City of Aspen for extinguishment.” (Ord. No. 6-2010, §5) B. Certificates of Affordable Housing Credit may be extinguished to satisfy affordable housing requirements of this Title if the Community Development Director finds the following standards met: 1. All other necessary approvals for the proposed development, as required by this Title, have been obtained and the applicant has submitted the necessary information, pursuant to Section 26.304.075, Building Permit. 2. The applicant has submitted authentic Certificates of Affordable Housing Credit in the number and Category Designation required for the development. 3. The Certificate owner has assigned ownership of the Certificates to “the City of Aspen for extinguishment.” C. When all of a Certificate is extinguished, the city shall void the Certificate. When part of a Certificate is extinguished, the city shall issue a Certificate citing the remaining FTEs in increments of no less than .01 of employees housed. 26.540.130 Amendments Amendments to an affordable housing project that occur during additional review(s) required by this Title or other amendments which do not change the essential nature of the project may be approved by the Community Development Director. Revisions to the number or Category Designation of the affordable housing units and Credit Certificates to be issued shall be reflected in a revised development order. Revisions to the number or Category Designation of the affordable housing units and Credit Certificates to be issued, proposed after all approvals are granted, shall require re-review pursuant to the standards and procedures of this Chapter. 26.540.140 Appeals An applicant aggrieved by a determination made by the Community Development Director or Planning and Zoning Commission, pursuant to this Chapter, may appeal the decision to the City Council, pursuant to the procedures and standards of Chapter 26.316, Appeals. (Ord. No. 6-2010, §5) P227 VIII.e Ordinance No. 32, Series 2012. Page 8 of 8 Section 2: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: 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 4: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 5: Notice of Public Hearing. A public hearing on this ordinance shall be held on the 10th day of December, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S. Galena St., Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November, 2012. ATTEST: __________________________ ____________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _____________day of ______________, 2012. ATTEST: __________________________ ___________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: ___________________________ P228 VIII.e Ordinance No. 32, Series 2012. Page 9 of 8 James R True, City Attorney P229 VIII.e Code Amendment: AH Certificates, Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: Staff believes there is a community interest in updating the Certificates of Affordable Housing Program. The original program never contemplated the need to exchange certificates of a specific category for those of a different category. The primary owner of housing certificates is in support of this amendment. The Housing Board supports this code amendment. Staff believes enabling this program to function better is in the interests of the community and is in alignment with the purpose of Title 26. Staff finds this criterion met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The stated objective is to provide a mechanism for certificates to be exchanged between Categories – an issue that was never contemplated when the program was initiated. Various non-substantive clean-up are also needed to provide clarity to terms and processes within the program. Staff believes this proposed ordinance achieves this objective and finds this criterion met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: Staff believes there is a community interest in updating the Certificates of Affordable Housing Program. The original program never contemplated the need to exchange certificates of a specific category for those of a different category. The primary owner of housing certificates is in support of this amendment. The Housing Board supports this code amendment. Staff believes enabling this program to function better is in the interests of the community. Staff believes this is compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff finds this criterion met. P231 VIII.e Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director THRU: Click here to enter text. DATE OF MEMO: 12/3/2012 MEETING DATE: 12/10/2012 RE: Ordinance 25, 2012. Code Amendment: CC adn C1 Zone Districts REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P233 VIII.f Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P234 VIII.f 12.10.2012 – Downtown Zoning Changes 2nd Reading Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: CC & C-1 Zone District Code Amendments Second Reading, Ordinance 25, Series of 2012 DATE OF MEMO: December 3, 2012 MEETING DATE: December 10, 2012 SUMMARY: The attached Ordinance includes proposed code amendments to the downtown based on Council direction provided as part of the Policy Resolution passed August 27, 2012. In addition, associated code clean-ups are included. The objective of the proposed code amendments is to ensure new development in the CC and C-1 zone districts respects the historic character and development pattern in the City, and well as encourage continued vitality of the commercial uses in these zones. A redline version of the proposed changes are included as Exhibits B through E. STAFF RECOMMENDATION: Staff recommends approval of the proposed Ordinance. LAND USE REQUESTS AND REVIEW PROCEDURES: This is the 2nd reading on proposed code amendments for the downtown. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. CHANGES SINCE 11.26.2012 MEETING: The attached Ordinance incorporates changes requested by City Council at the November 26th public hearing. City Council provided the following direction at the meeting: 1. Allow three stories only for lodging and commercial uses. 2. Restrict three story development to the North side of the street. 3. Prohibit free-market residential uses in the CC and C-1 zones. BUILDING HEIGHTS: The revised ordinance proposes the following building heights: P235 VIII.f 12.10.2012 – Downtown Zoning Changes 2nd Reading Page 2 of 3 CC C-1 Minimum 1st level floor-to-floor height 13 ft. 11 ft. Minimum upper level ceiling height 9 ft. 9 ft. Overall maximum height 38-40 ft. 36-38 ft. Mechanical Over-run 6 ft. from the point attached 6 ft. from the point attached South Side 3rd Story Setback 35 feet from property line 35 feet from property line The only significant change from the previous draft ordinance is the setback for 3rd stories on the south side of the street. Staff is very concerned that simply banning south side development creates inequity within the zone district and could result in a challengeable zoning system. Staff heard from Council that concerns related to third story development focused primarily on blocking views to the mountain and creating shading on the street. Staff reviewed some shading scenarios, and a setback of 35 feet from the property line for any third story will not result in significant shading on the street. It is also important to note that many buildings that are currently two-stories in height could not be increased to three stories because of the city’s adopted view planes. The above heights enable flexibility in the design process while providing a minimum standard that promotes quality interior spaces. Staff believes these heights are reflective of Aspen’s historic development pattern, which is important to maintain so that new buildings do not look “squished” or out of context with the rest of the buildings in the area. The C-1 zone district is a transitional zone, and as such staff is recommending lower heights than in the CC zone district. The current Commercial Design Guidelines require that all upper levels be lower in stature and heights than the first floor, which staff believes is critical to maintaining Aspen’s historic character and pedestrian scale. Staff has also incorporated this requirement into the proposed code language. The attached code language limits all third floors to no more than 50% of the parcel size. This will enable some flexibility for designers, while ensuring the third floor is minimized. Finally, staff recommends a required setback for all rooftop mechanical equipment. According to the Coburn height study, a 14 foot setback for a 38 foot tall building would eliminate the ability to see the equipment from the street. Staff recommends a 15 foot setback for all mechanical equipment. Again, this was done to minimize the impact mechanical equipment has on the pedestrian environment. LAND USES: The revised Ordinance includes the following changes related to Land Uses: 1. No free-market residential uses are permitted in either the CC or C-1 zone districts. 2. Any third story is limited to lodging and commercial uses. P236 VIII.f 12.10.2012 – Downtown Zoning Changes 2nd Reading Page 3 of 3 From staff’s perspective, mixed-use buildings should be allowed and encouraged downtown. Residential uses create vitality and more “lights on.” Staff continues to support affordable housing uses in downtown buildings for this reason. In addition, the allowed lodging FAR is proposed to change from 1.5:1 to 2.5:1 in the CC zone and from 1.5:1 to 2:1 in the C-1 zone. The code currently limits a lodge to the upper floors, and with the proposed changes a lodge would be permitted on all building levels. As has been stated by Council and many members of the public, it is not likely Aspen will see a new lodge that only occupies a third floor. City Council has expressed interest in encouraging lodges in town, and staff believes this change will make it more feasible for a new lodge to locate downtown. STAFF RECOMMENDATION: Staff recommends adoption of the attached code amendments. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to approve Ordinance No. 25, Series of 2012, approving code amendments to the CC, C- 1, CL zone districts, and the allowances for rooftop heights.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: (ONLY ATTACHMENTS IN BOLD ARE INCLUDED WITH THIS PACKET) Exhibit A – Staff Findings Exhibit B – Proposed CC Zone District changes – with redlines Exhibit C – Proposed C-1 Zone District changes – with redlines Exhibit D – Proposed CL Zone District changes – with redlines Exhibit E – Proposed mechanical equipment changes – with redlines Exhibit F – Policy Resolution 82, Series 2012 Exhibit G – Building Height and Mechanical Study Exhibit H – Public Outreach and Feedback: H.1 – Open City Hall H.2 – Online Survey H.3 – Small Group Meeting Summary H.4 – Individual email comments H.5 – Summary of P&Z and HPC Comments Exhibit I – Comparative Heights Study P237 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 1 of 8 ORDINANCE No. 25 (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.140 – COMMERCIAL CORE (CC); 26.710.150 – COMMERCIAL (C-1); 26.710.200(B)(1) – COMMERCIAL LODGE (CL), PERMITTED USES, USES ALLOWED IN BASEMENT AND GROUND FLOORS; 26.575.020(F)(4)(E) – MEASURING BUILDING HEIGHTS, ALLOWED EXCEPTIONS TO HEIGHT LIMITATIONS, MECHANICAL EQUIPMENT. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the allowed heights and land uses in the downtown; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach, including three small group meetings, an Open City Hall Forum, an on-line survey, and individual letters from members of the public, to gain feedback from the community on potential code changes to the CC and C-1 zone districts; and, WHEREAS, the more than 200 individuals were engaged in the Public Outreach process; and, WHEREAS, during a duly noticed public hearing on August 27, 2012, the City Council approved a Policy Resolution, Resolution 82, Series of 2012, directing staff to process code amendments related to heights and land uses in the downtown, by a three - two (3 - 2) vote; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Sections 26.710.140 – Commercial Core (CC); 26.710.150 – Commercial (C-1); 26.710.200(B)(1) – Commercial Lodge (CL), Permitted Uses, Uses allowed in basement and ground floors; 26.575.020(F)(4)(e) – Measuring Building Heights, Allowed Exceptions to Height Limitations, Mechanical Equipment; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and P239 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 2 of 8 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: 26.710.140 – Commercial Core (CC), shall be amended as follows: A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service, commercial, recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential, lodging, and office uses are appropriate for upper floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front-most street-facing façade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street, where office uses are permitted on the ground floor. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi-family housing, Vacation rentals and home occupations. 4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). Lodging uses are permitted on the basement and ground levels only when the entire building is dedicated to lodging and associated commercial uses. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: P240 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 3 of 8 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): a. Lodging and Commercial uses: Twenty-Eight (28) feet for two-story elements of a building. Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. i. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. ii. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. For all properties located on the south side of a Street, any third story shall be setback a minimum of thirty-five (35) feet from the property line abutting such Street. b. All other uses: Twenty-Eight (28) feet for two-story elements of a building. 9. Minimum floor heights: a. Minimum First Floor floor-to-floor: Thirteen (13) feet. b. Minimum Upper Floor-to-ceiling height: Nine (9) feet. c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity P241 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 4 of 8 requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi-family housing: No limitation. d. Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. Section 2: 26.710.150 – Commercial (C-1), shall be amended as follows: A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, opportunities for affordable multi-family residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi-family housing, vacation rentals and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. Lodging uses are permitted on the basement and ground levels only when the entire building is dedicated to lodging and associated commercial uses. P242 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 5 of 8 C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi-family housing, or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Bed and breakfast: Same as R-6 Zone District. b. Lodging and Commercial uses: Twenty-Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty-eight (38) feet through commercial design review. See Chapter P243 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 6 of 8 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. i. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. ii. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. For all properties located on the south side of a Street, any third story shall be setback a minimum of thirty-five (35) feet from the property line abutting such Street. c. All other uses: Twenty-Eight (28) feet for two-story elements of a building. 9. Minimum floor heights: a. Minimum First Floor floor-to-floor height: Eleven (11) feet. b. Minimum Upper Floor-to-ceiling height: Nine (9) feet. c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6 P244 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 7 of 8 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. Section 3: 26.710.200(B)(1) – Commercial Lodge (CL), Permitted Uses, Uses allowed in basement and ground floors, shall be amended as follows: B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) Zone District: 1. Uses allowed in basement and ground floors: Lodging uses, conference facilities, retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, and child care center. Uses and facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. Section 4: 26.575.020(F)(4)(e) – Measuring Building Heights, Allowed Exceptions to Height Limitations, Mechanical Equipment, shall be amended as follows: e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co-located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing façade of the building a minimum of fifteen (15) feet. Section 5: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a P245 VIII.f City Council Ord #25 of 2012 Downtown Zoning Code Amendments Page 8 of 8 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 8: A public hearing on this ordinance shall be held on the 26th day of November, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of November, 2012. Attest: __________________________ ____________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this ___ day of ______, 2012. Attest: __________________________ ___________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: ___________________________ City Attorney P246 VIII.f 11.26.2012 Downtown Zoning 2nd Reading; Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: The proposed code amendment is consistent with the Land Use Code. It amends the dimensional standards in the CC, C-1, and CL zones, and amends the allowed height and setback of mechanical equipment. In addition, it amends the uses permitted in these zones. These changes are consistent with city policy and the Land Use Code. Staff finds this criterion to be met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The stated reasons for the code amendment to update the downtown zoning code were to ensure development is consistent with Aspen’s historic two and tree story development pattern, to maintain commercial uses in commercial zones, and to encourage lodging development. The code language is consistent with these reasons, and furthers general policy goals outlined in the Aspen Area Community Plan: The AACP calls for an examination of building heights, and includes a policy stating, “Establish lower maximum building heights to maintain Aspen’s small town character.” (Managing Growth for Community & Economic Sustainability Policy I.6) It also calls for an examination of commercial zone districts: “Ensure that the City Land Use Code results in (commercial) development that reflects our architectural heritage in terms of site coverage, mass, scale, density and a diversity of heights...” (Managing Growth for Community & Economic Sustainability Policy V.3) In addition, the AACP discusses the importance of maintaining commercial uses in the commercial zones. Staff finds this criterion to be met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: The intent of the proposed amendments are to ensure new development in the CC and C-1 zone districts respects the historic character and development pattern in the City, and well as encourage continued vitality of the commercial uses in these zones. This is consistent with the intent of the City’s Land Use Code. Staff finds this criterion to be met. P247 VIII.f Exhibit B – CC Downtown Zoning Changes Page 1 of 3 Exhibit B – Redline changes to 26.710.140 Commercial Core (CC). A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service, commercial, recreation and institutional purposes within mixed-use buildings to support and enhance the business and service character in the historic central business core of the City. The district permits a mix of retail, office, lodging, affordable housing, and short term vacation rental uses oriented to both local and tourist populations to encourage a high level of vitality. Retail and restaurant uses are appropriate for ground floors of buildings while residential, lodging, and office uses are appropriate for upper floors. B. Permitted uses. The following uses are permitted as of right in the Commercial Core (CC) Zone District: 1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and building elements necessary and incidental to uses on other floors. 2. Uses allowed on the ground floor: Retail and restaurant uses and uses and building elements necessary and incidental to uses on other floors. Office uses are prohibited on the ground floor except within spaces set back a minimum of forty (40) feet from a street and recessed behind the front-most street-facing façade. This prohibition shall not apply to split-level buildings (see definition) or properties north of Main Street, where office uses are permitted on the ground floor. Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. 3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging, timeshare lodge, affordable multi-family housing, Vacation rentals and home occupations. 4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, accessory uses and structures, storage accessory to a permitted use, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, and farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(B). Lodging uses are permitted on the basement and ground levels only when the entire building is dedicated to lodging and associated commercial uses. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial Core (CC) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Gasoline service station. 2. Commercial parking facility, pursuant to Chapter 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial Core (CC) Zone District: 1. Minimum Gross Lot Area (square feet): No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): No requirement. P249 VIII.f Exhibit B – CC Downtown Zoning Changes Page 2 of 3 3. Minimum lot width (feet): No requirement. 4. Minimum front yard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height (feet): a. Lodging and Commercial uses: Twenty-Eight (28) feet for two-story elements of a building. Thirty-eight (38) feet for three-story elements of a building, which may be increased to forty (40) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. i. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. ii. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. For all properties located on the south side of a Street, any third story shall be setback a minimum of thirty-five (35) feet from the property line such Street b. All other uses: Twenty-Eight (28) feet for two-story elements of a building. 9. Minimum floor heights: a. Minimum First Floor floor-to-floor: Thirteen (13) feet. b. Minimum Upper Floor-to-ceiling height: Nine (9) feet. c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.75:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 2:1. P250 VIII.f Exhibit B – CC Downtown Zoning Changes Page 3 of 3 b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.75:1. c. Affordable multi-family housing: No limitation. d. Lodging: 0.5:1, which may be increased to 2.5:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.140.D.12.a. and b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 11; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20 [part]; Ord. No. 21-2002, §§5 and 6 [part]; Ord. No. 28a-2004, §2; Ord. No. 12-2006, §10; Ord. No. 11, 2007, §1; Ord. No. 27-2010, §4; Ord. No. 34-2011, §13; Ord. No.12-2012, §1) P251 VIII.f Exhibit C – C-1 Downtown Zoning Changes Page 1 of 3 Exhibit C – Redline changes to 26.710.150 Commercial (C-1). A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for the establishment of mixed-use buildings with commercial uses on the ground floor, opportunities for affordable multi-family residential density, and to support vacation rentals of residential dwelling units. A transition between the commercial core and surrounding residential neighborhoods has been implemented through a slight reduction in allowable floor area as compared to the commercial core, the ability to occupy the ground floor with offices, and a separate chapter in the commercial design guidelines B. Permitted uses. The following uses are permitted as of right in the Commercial (C-1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi-family housing, vacation rentals and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. Automobile drive-through service is prohibited. Lodging uses are permitted on the basement and ground levels only when the entire building is dedicated to lodging and associated commercial uses. C. Conditional uses. The following uses are permitted as conditional uses in the Commercial (C-1) Zone District, subject to the standards and procedures established in Chapter 26.425: 1. Affordable multi-family housing, or home occupations on the ground floor. 2. Commercial parking facility, pursuant to Section 26.515. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Commercial (C-1) Zone District: 1. Minimum Gross Lot Area (square feet): a. Bed and breakfast: 3,000. b. All other uses: No requirement. 2. Minimum Net Lot Area per dwelling unit (square feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 3. Minimum lot width (feet): a. Bed and breakfast: Same as R-6 Zone District. P253 VIII.f Exhibit C – C-1 Downtown Zoning Changes Page 2 of 3 b. All other uses: No requirement. 4. Minimum front yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 5. Minimum side yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 6. Minimum rear yard setback (feet): a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 7. Minimum utility/trash/recycle area: Pursuant to Section 26.575.060. 8. Maximum height: a. Bed and breakfast: Same as R-6 Zone District. b. Lodging and Commercial uses: Twenty-Eight (28) feet for two-story elements of a building. Thirty-six (36) feet for three-story elements of a building, which may be increased to thirty-eight (38) feet through commercial design review. See Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. i. Achieving the maximum height is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum height is not an entitlement and is not achievable in all situations. ii. The footprint of all third story conditioned space shall not exceed 50% of the gross parcel square footage. The location of the third story is subject to review and compliance with Chapter 26.412 and the Commercial, Lodging and Historic District Design Objectives and Guidelines. For all properties located on the south side of a Street, any third story shall be setback a minimum of thirty-five (35) feet from the property line along such Street. c. All other uses: Twenty-Eight (28) feet for two-story elements of a building. 9. Minimum floor heights: a. Minimum First Floor floor-to-floor height: Eleven (11) feet. b. Minimum Upper Floor-to-ceiling height: Nine (9) feet. c. Floor-to-Ceiling heights in upper floors shall be less than the floor-to-ceiling height of the first floor. 10. Minimum distance between buildings on the lot (feet): P254 VIII.f Exhibit C – C-1 Downtown Zoning Changes Page 3 of 3 a. Bed and breakfast: Same as R-6 Zone District. b. All other uses: No requirement. 11. Public amenity space: Pursuant to Section 26.575.030. 12. Floor area ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2.5:1. Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a. Commercial uses: 1.5:1. b. Arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center and similar uses: 2.5:1. c. Affordable multi-family housing: No limitation. d. Lodging: .5:1, which may be increased to 2:1 if the individual lodge units on the parcel average five hundred (500) net livable square feet or less, which may be comprised of lock-off units. e. Bed and breakfast (as the sole use of parcel and not cumulative with other uses): Eighty percent (80%) of allowable floor area of a same-sized lot located in the R-6 Zone District. (See R-6 Zone District.) Extinguishment of historic TDRs shall not permit additional FAR for single-family or duplex development. 13. Maximum lodge unit size (square feet): 1,500. When units are comprised of lock-off units, this maximum shall apply to the largest possible combination of units. 14. Commercial/residential ratio: The total residential net livable area shall be no greater than the total above-grade floor area associated with the uses described in Subparagraphs 26.710.150.D.12.a. and b. combined on the same parcel. (Ord. No. 56-2000, §§7 [part], 12, 15; Ord. No. 25-2001, §5 [part]; Ord. No. 1-2002, §20; Ord. No. 28b-2004, §1; Ord. No. 12-2006, §11; Ord. No. 11, 2007, §2; Ord. No. 27-2010, §4; Ord. No. 34-2011, §14; Ord. No. 12-2012, §2) P255 VIII.f Exhibit D – CL Downtown Zoning Changes Page 1 of 1 Exhibit D – Redline changes to 26.710.200 Commercial Lodge (CL). B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge (CL) Zone District: 1. Uses allowed in basement and ground floors: Lodging uses, conference facilities, retail and restaurant uses, office uses, neighborhood commercial uses, service uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, and child care center. Uses and facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed as the sole use of the ground floor. P257 VIII.f Exhibit E – Mechanical Downtown Zoning Changes Page 1 of 1 Exhibit E – Redline changes to 26.575.020 Calculations and Measurements F. Measuring Building Heights. 4. Allowed Exceptions to Height Limitations. e) Mechanical Equipment. Heating, ventilation, and air conditioning systems, and similar mechanical equipment or utility apparatus located on top of a building may extend up to six (6) feet above height of the building at the point the equipment is attached. This allowance is inclusive of any pad the equipment is placed on, as well as any screening. Mechanical equipment shall be screened, combined, and co-located to the greatest extent practicable. On structures other than a single-family or duplex residential building or an accessory building, all mechanical equipment shall be set back from any Street facing façade of the building a minimum of fifteen (15) feet. P259 VIII.f C H A M B E R ASPEN ( RESORT ASSOCIATION To: Mayor Ireland and Aspen City Council From: Aspen Chamber Resort Association Public Affairs Committee December 5, 2012 Re: Ordinance No. 25—CC and C-1 Zone Districts Dear Mayor Ireland and Aspen City Council Members, The Aspen Chamber Resort Association Public Affairs Committee wishes to reiterate its position in opposition to the 28 ft. height limitations and free market residential prohibitions in the Commercial Core and Commercial Zone Districts. The Committee understands and shares City Council's interest in preserving and creating vitality in the Commercial Core and Commercial Zones. However it does not believe there has been demonstrated and substantial justification to warrant the most recent code and proposed code changes regarding heights and free market residential prohibitions. The Committee does not agree that third-floor free market residential units negatively impact vitality in the commercial zones. In fact that prohibition in conjunction with the 28 foot height restriction may very well halt revitalization of tired and deteriorating buildings, and in fact lead to the diminishment of vitality in the area. The Committee supports the historical height allowances that existed for many years prior to the 28 foot limitation, and urges Council to amend the Code to reflect those historical heights and to allow third floor free market residences. The Committee believes there are less draconian measures to support vitality in the commercial cores. Respectfully submitted, ACRA Public Affairs Committee Helen Klanderud, Chair David Perry Warren Klug Donnie Lee David Ressler John Sarpa Maria Morrow Jill Teehan Paul Taddune Adam Fortier Charlie Bantis Kenny Smith Debbie Braun Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Amy Guthrie, Senior Planner Historic Preservation THRU: Chris Bendon DATE OF MEMO: 11/30/2012 MEETING DATE: 12/10/2012 RE: AspenModern Negotiation for Landmark Designation of 610 E. Hyman Avenue, Second Reading, Ordinance #23, Series of 2012 REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P261 VIII.g Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P262 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 1 of 10 MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: Second Reading of Ordinance #23, Series of 2012, AspenModern negotiation for historic designation of 610 E. Hyman Avenue DATE: December 10, 2012 SUMMARY: 610 E. Hyman Avenue was constructed for well known gallery owner Patricia Moore in 1963. It was designed by Ellie Brickham, who in 1951 was the first female architect to practice in Aspen. The offices of Charles Cunniffe Architects have been located in the building for twenty years. In late 2010, Charles Cunniffe proposed voluntary designation and a building expansion through the Ordinance #48 landmark negotiation process, which was the City’s first effort to incentivize designation of postwar era properties. HPC reviewed the project twice before the application was terminated after no significant progress. In April 2012, the application was re-submitted in advance of reduced height limits going into effect in the downtown. The proposal now falls under the AspenModern ordinance (largely similar to Ordinance #48) within which the applicant can request special benefits. The special benefits entailed in this application are represented in a building expansion, which is being reviewed by HPC concurrent with the designation. The applicant has requested approval for a 949 square foot expansion of office space and a 1,546 square foot residential floor area increase for the expansion of an existing free market apartment. The apartment will not exceed the maximum net livable unit size for the zone district. In combination, the commercial floor area and the residential free market floor area will exceed what is allowed as a total development for the site by 692 square feet. An P263 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 2 of 10 Historic Designation extended period of vested rights is requested to provide more flexibility on the start date for the project. The office expansion is on the second floor, along the alley, on top of a non-historic garage. The free market residential addition is a new third story which is located partially on the garage and partially on the roof of the historic building. HPC has granted Conceptual design approval for the new construction and has provided a recommendation that City Council pursue a negotiation for landmark designation. HPC’s support for this action is strongly conditioned upon a requirement that the applicant reverse certain changes that have been made to the original design of the building; namely the restoration of arched windows on the ground floor, restoration of the building’s original white stucco panels, and removal of an awning that covers an open air patio on the second floor. Throughout several previous HPC meetings the applicant has been unwilling to agree to restore the form of the ground floor windows, leading staff to have recommended denial of the application to HPC. HPC supported the project proceeding only with restoration. A restoration plan that meets HPC’s expectations was submitted in November and is Exhibit F of this packet. APPLICANT: 610 E. Hyman LLC, Charles Cunniffe, represented by Haas Land Planning. PARCEL ID: 2737-182-12-004. ADDRESS: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen, Colorado. ZONING: C-1, Commercial. 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. At least two of the criteria a-d, and criterion e 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 P264 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 3 of 10 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 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. Staff Response: 610 E. Hyman Avenue was built in 1963 for owner Patricia Moore. The Patricia Moore Gallery was a respected business in town for many years, and displayed the work of many important artists on the main floor of the building. An upper floor residential studio unit was part of the original design. Ms. Moore sold the property in 1988. 610 E. Hyman was constructed for a woman who played an important role in the local arts community, and it was designed by Aspen’s first woman architect. This is one of the few Ellie Brickham buildings that remains in Aspen. Ellie Brickham (1923-2008) moved to Aspen in 1951 after attending the University of Colorado’s School of Architecture from 1941-1944. Construction was a family business, and her motivation to become a designer began as a child. According to the research paper, “Aspen’s Twentieth-Century Architecture: Modernism 1945-1975:” “Early in her career, Brickham worked in Fritz Benedict’s office and collaborated on projects with both Benedict and Bayer, participating in work going on at the Aspen Institute. Like Benedict, she had a strong interest in passive solar techniques. During her time in that office and, later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, including houses for several Music Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 433 Bleeker Street-demolished) and the P265 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 4 of 10 Patricia Moore Building (1962, 610 E. Hyman Avenue). In Pitkin County, she designed numerous homes in Pitkin Green and Starwood, on Red Mountain, including her own house (1955), with south and west walls made completely of glass. Her works, which total at least sixty in the Aspen area, are generally characterized by spare, simple forms and minimal detailing. Brickham’s projects focus on an “impeccable sense of proportion and feeling of lightness,” according to a 1977 Aspen Times article.” The building that Ellie Brickham designed for Patricia Moore appears to have been influenced by “New Formalism,” an architectural approach of the early 1960s which emphasized symmetrical, smooth-skinned, flat roofed buildings with screens and grilles. The façade of 610 E. Hyman has six attenuated brick piers that extend from the base to the eaves and stucco arched spandrels for a more “decorated” look that reflected the 1960s evolution of modernist design. A related example is Phillip Johnson’s 1962 Lincoln Center in New York, below. HPC presented an Honor Award to Ellie Brickham in 2001, in recognition of her influence on the built environment in Aspen. The neighborhood where this structure was built includes several other AspenModern related properties. Relatively few of the noted postwar properties are commercial structures. It is important to carefully consider preservation opportunities for this small collection of highly visible downtown structures. Staff finds that historic designation criteria a, c, and e are met. The second component of designation is scoring the physical integrity of the building. Staff’s score sheet is attached as Exhibit B. Several elements of this building were altered through previous remodels. The front entry door was originally centered on the façade. Now there are entries on both ends of the storefront level. Originally all of the street-facing opening were arched, but the ground floor windows have been changed to have square transom windows. A lightwell has been added to the front façade so the building no longer meets the sidewalk in the center, the basement office level is exposed to view, and there are no kickplates below the windows. The stucco color has been changed from white to a masonry color. A seasonal canopy has been added to enclose the rooftop courtyard. These alterations have affected the integrity score for the building and need to be taken into account when determining the appropriate package of preservation incentives to approve for the project. Staff scored the building as a “Better/Best” example of AspenModern, with 15 out of 20 points. P266 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 5 of 10 ASPENMODERN NEGOTIATION: According to Municipal Code Section 26.415.025.C.1.b, 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 20th century historic resources, referencing the scoring sheets and matrix adopted by City Council. 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 20th century history and shall also seek to be equitable in the benefits awarded through the negotiation process. The monetary value of benefits being requested shall be defined, to the extent possible. Council shall seek compatibility with the neighborhood surrounding the subject property. The Land Use Code states that, as a further measure of the value of negotiation, the proposal should meet the Purpose and Intent Statements of the Historic Preservation program, which are: §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 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: P267 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 6 of 10 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 sustainable reuse of historic structures. F. Encourage voluntary efforts to increase public information, interaction or access to historic building interiors. 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. Staff Response: The applicant requests the following special, site specific incentives through AspenModern negotiation, in exchange for landmark designation. Floor area bonus The existing residential unit is currently just below the 1,500 square feet maximum floor area allowed for free market apartments on this property. The applicant wishes to enlarge the unit. As a preservation benefit, a floor area increase of 1,546 square feet is requested, making the total free market floor area 3,046 square feet. A portion of the FAR assigned to the residential use is actually common circulation area, garage, deck area, etc. If this benefit is approved, the combination of the commercial floor area and the residential floor area will also exceed what is allowed as a total development for the site by 692 square feet. Extension of vested rights The applicant requests extended vested rights. All projects receive an automatic three years of vested rights, or protection from changes to Land Use regulation. The applicant requests 10 years to allow for the start date of the project to be more flexible. P268 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 7 of 10 DESIGN REVIEW OUTCOMES The applicant requests the following standard benefits offered to landmarked properties. Affordable housing The new office space triggers affordable housing mitigation, however the applicant will take advantage of a preservation benefit which is already in place for all landmarks at Section 26.470.060.4 of the Municipal Code. The Community Development Director can grant an exemption to affordable housing requirements for up to 4 employees as part of the expansion of a mixed use, landmarked building. There are no review standards that must be met for the approval of this exemption. If the property is not landmark designated, and mitigation were required for this development, it would be for the equivalent of 1.725 employees, or $242,000 if paid as cash-in-lieu. Parking The expansion of the free market residential unit does not trigger additional parking requirements, but the new office space does generate the need for a fraction of one space. A full space could theoretically be provided on-site to meet the requirement (although it is apparently not physically possible), or the owner could pay cash-in-lieu. HPC has recommended that the review standards of Section 26.415.110.C of the Municipal Code are met and that no on-site parking or cash-in-lieu payment must be required. The cash-in-lieu payment would typically be $28,500. Park Development Impact Fee and Transportation Demand Impact Fee Historic Landmark properties are exempt from paying certain fees that offset the need for the City to develop more parks or transportation systems as a result of new development. The exemption is standard. There are no review criteria. The proposed development would result in a waiver of approximately $12,000 in Park Development Impact Fee and $1,400 in Transportation Demand Impact Fee. In conducting their Conceptual Design review for the proposed building expansion, HPC made two determinations that Council should be aware of. First, HPC allowed the rear addition to reach a height of 38’. The maximum height limit for the zone district, under the rules that were in place at the time of application, is 36’, which can be increased to as much as 40’ through Commercial Design Review. HPC determined that a 38’ height was acceptable because of the drop in elevation from the front of the property to the alley. P269 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 8 of 10 The building already has a complex combination of floor levels, which the board acknowledged through their approval. The proposed drawings show a height of 38’11”, which must be amended for the Final HPC meeting. The second important determination that HPC made is related to Utility, Delivery and Trash Storage area. The Municipal Code requires this property to have an area parallel to the alley dedicated to the service needs of the building. This area is to be 15 feet long and 10 feet deep. The area cannot also be used as a parking space. This property currently has no service area that meets the code. The applicant proposes to maintain their existing arrangement to accept recycling items from adjacent properties, in exchange for those properties accommodating the trash disposal needs of 610 E. Hyman. The recycling area that 610 E. Hyman shares with others is not directly along the alley, but apparently has easy and workable access to the alley. HPC felt that a waiver of the requirement is allowable, if an agreement that is acceptable to Council can be provided during the negotiation. The applicant has provided a letter from the adjacent property owner, attached to this packet as Exhibit G. The letter indicates that shared trash and recycling can continue, however there is no detail about how the arrangement will work or be guaranteed into the future. Staff has provided diagrams of the proposed arrangement. Staff recommends Council direct one of the following: • Require the creation of a binding, recorded agreement, to be reviewed and approved by the City Attorney’s Office, which details how the shared arrangement will function, including the size and type of trash and recycling bins that will be provided, how users of both buildings will have unlimited access to the facilities, which waste hauler will provide services. etc. Also require a plan for exact placement and size of trash and recycling containers for both the 610 E. Hyman property and the 616 E. Hyman property, to be reviewed and approved by the Environmental Health Department. Note that if the sites dealt with their needs individually, the Environmental Health Department would expect to see a 4 yard dumpster and 4 recycling containers (comingled, office paper, newspapers/magazines, and cardboard) on each site. Locating all trash storage on one-site and all recycling on the other does not mean that half as many containers are sufficient. OR • Waive the requirement for one on-site parking space (requiring cash-in-lieu payment instead) so that one of the existing parking spaces along the alley can be converted to a trash and recycle area that serves the needs of the 610 E. Hyman property. P270 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 9 of 10 ________________________________________________________________________ ________________________________________________________________________ STAFF RECOMMENDATION: The negotiated benefits are policy matters for Council to decide. HPC used the designation criteria, adopted context papers, and scoring sheets to forward a recommendation to City Council regarding the importance of the building. During the three previous discussions of this project, HPC was focused on the importance of restoring the front façade of the building as much as possible, given the requested preservation incentives. Three particular actions were identified as important; restoring the arched windows on the lower half of the front facade, removing the canopy that currently covers the upper floor patio and restoring the original color of the stucco panels. Community Development and HPC only support the award of the benefits that are requested if there is a dedicated effort to return all of the character defining features of the building within reason. It is understood that moving the entry doors back to the center, and eliminating the lightwell are impractical. Nonetheless, on other AspenModern projects, including Mason and Morse and Aspen Core, the applicant’s financial commitment to restoration efforts are very substantial. Consistently high standards for the AspenModern process are important in staff’s opinion. Historic and current images of the building are depicted below. CONCEPTUAL MAJOR DEVELOPMENT AND P271 VIII.g Second Reading of Ordinance #23, Series of 2012 610 E. Hyman , AspenModern Negotation Page 10 of 10 The 610 E. Hyman building represents Ellie Brickham as an architect and is indicative of post-war commercial development in Aspen in the 1960s. This building, and the building immediately west of the subject site, are the only known examples of Ms. Brickham’s work left to preserve in Aspen. The building meets the designation criteria in its existing condition. With designation, some of the incentives involved in this project, such as affordable housing waiver and development impact fee waiver, would be automatic. Other incentives, including the floor area bonus, parking variance, height, utility/trash/storage and vested rights are all discretionary. An AspenModern negotiation period between the applicant and the City is limited to a 90 day duration. Council can grant extensions and has done so for this project. The current extension expires on December 23rd. If the negotiation is not successfully completed by that time, Council must either grant another extension or the process will expire and development on the site will be subject to the new regulations for the C-1 zone district, including a 28’ height limit. Staff finds that approval of this project, with HPC’s requirement to include restoration of the ground floor window form, is consistent with what has occurred on the four previous AspenModern negotations related to downtown properties. The architectural integrity of the building will be greatly enhanced. The restoration work is highly unlikely to occur outside of this process. The building could be demolished or heavily altered in other ways if it is not designated. The attached ordinance includes all of the negotiation requests, to be amended by City Council as desired. EXHIBITS: Ordinance #__, Series of 2012 Exhibit A: Integrity Score Sheet Exhibit B: Draft, October 24th, 2012 HPC minutes Exhibit C: HPC Resolution #27, Series of 2012 Exhibit D: Elevations Exhibit E: Floor plans Exhibit F: Restoration Plan Exhibit G: Letter and site plans related to trash and recycling areas P272 VIII.g Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 1 of 5 ORDINANCE #23 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING HISTORIC LANDMARK DESIGNATION AND BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 610 E. HYMAN AVENUE, LOT M, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-12-004 WHEREAS, the applicant, 610 E. Hyman LLC, represented by Haas Land Planning, submitted an application on March 28, 2012, pursuant to Section 26.415.025(C), AspenModern Properties, of the Aspen Municipal Code, to voluntarily participate in the AspenModern ninety-day negotiation period for the properties located at 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen; and WHEREAS, an AspenModern negotiation period ends 90 days after initiation unless extended by City Council. Council passed Resolution #53, Series of 2012 to extend this negotiation to December 23, 2012; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, “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 property. The property owner shall be provided notice of this meeting;” and WHEREAS, the property owners’ representative met with the Historic Preservation Commission on May 23, 2012 and October 24, 2012; and WHEREAS, at their regular meeting on October 24, 2012, the HPC considered the application; found that 610 E. Hyman Avenue is a “better/best” example of the Modern style in Aspen evaluated the designation and proposed development; and, found that the policy objectives for the historic preservation program stated at Section 26.415.010, Purpose and Intent are met, and recommended City Council (“Council”) approval of Historic Landmark Designation and negotiation with conditions; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, “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”; and WHEREAS, Section 26.415.025.C(1)d establishes that “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;” and P273 VIII.g Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 2 of 5 WHEREAS, in addition to Historic Landmark Designation and benefits available to all Landmarked properties subject to the Aspen Municipal Code, the applicant has identified preservation incentives that are requested as part of the AspenModern negotiation process; and WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met, with conditions. The staff report analyzed the proposed preservation incentives and monetary value of the benefits where possible; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following preservation benefits, with the condition that the applicant is required to restore the building as represented in Exhibit F of the December 10, 2012 Council packet. 1. A free market residential floor area increase of 1,546 square feet, making the total free market floor area 3,046 square feet. The combination of the commercial floor area and the residential free market floor area will exceed what is allowed as a total development for the site by 692 square feet, 2. 10 years vested rights, and 3. Waiver of the requirement for one of the existing on-site parking spaces, to be converted to a Utility/Trash/Recycling area as required by the Land Use Code. The applicant shall pay a cash-in-lieu fee of $30,000 at the time of building permit. P274 VIII.g Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 3 of 5 (ALTERNATIVE TO SECTION 2.3, ABOVE) Section 3: Utility, Delivery and Trash Storage Area The applicant has received a waiver of the on-site requirement based on a satisfactory written agreement to share Recycling and Trash Storage area amongst adjacent property owner(s) on Block 99, City and Townsite of Aspen with the condition that there is a binding, recorded agreement, to be reviewed and approved by the City Attorney’s Office, which details how the shared arrangement will function, including the size and type of trash and recycling bins that will be provided, how users of both buildings will have unlimited access to the facilities, which waste hauler will provide services. In addition, there shall be a plan provided for exact placement and size of trash and recycling containers for both the 610 E. Hyman property and the 616 E. Hyman property, to be reviewed and approved by the Environmental Health Department. Section 4: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for ten (10) years which shall not begin to run until the date of the publications required to be made as set forth below. 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 § 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 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 Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, 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 ten (10) 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: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. P275 VIII.g Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 4 of 5 The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Material Representations 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 Historic Preservation Commission or 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 6: Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: 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. 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 8: Public Hearing A public hearing on the ordinance shall be held on the 10th day of December, 2012 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 12th day of November, 2012. _______________________ Michael C. Ireland, Mayor ATTEST: _____________________________ Kathryn Koch, City Clerk P276 VIII.g Ordinance #23, Series of 2012 610 E. Hyman, AspenModern Negotation Page 5 of 5 FINALLY, adopted, passed and approved this ___ day of ____, 2012. _______________________ Michael C. Ireland, Mayor ATTEST: _______________________ Kathryn Koch, City Clerk APPROVED AS TO FORM: __________________________ James R. True, City Attorney P277 VIII.g P279 VIII.g P280 VIII.g P281 VIII.g P282 VIII.g P283 VIII.g P284 VIII.g P285 VIII.g P286 VIII.g RECEPTION#: 593974, 11/1512012 at 10:21:43 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE HISTORIC LANDMARK DESIGNATION AND PRESERVATION BENEFITS THROUGH THE ASPENMODERN PROGRAM FOR THE PROPERTY LOCATED AT 610 E. HYMAN AVENUE,LOT M, BLOCK 999 CITY AND TOWNSITE OF ASPEN, COLORADO, AND GRANTINGCONCEPTUALMAJORDEVELOPMENTANDCOMMERCIALDESIGNREVIEW APPROVAL RESOLUTION #279 SERIES OF 2012 PARCEL ID: 2737-182-12-004 WHEREAS, on March 28, 2012, the applicant, 610 E. Hyman LLC, Charles Cunniffe, represented by Haas Land Planning, requested that the property located at 610 E. HymanAvenue, Lot M, Block 99, City and Townsite of Aspen, Colorado, be considered for voluntary historic designation in exchange for specific benefits through the AspenModern negotiation process as described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, an AspenModern negotiation period ends 90 days after initiation unless extended by City Council. Council passed Resolution 453, Series of 2012 to extend this negotiation to December 23, 2012; and WHEREAS, an AspenModern negotiation requires that the Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, provideCouncilwithanassessmentoftheproperty's conformance with the designation criteria of Section 26.415.030.C.I- 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 20th century historic resources, referencing the scoring sheets and matrix adopted by City Council; and WHEREAS, concurrent with the designation application, Conceptual Major Development and Conceptual Commercial Design Review approval was requested for an expansion to the subject building; 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 adesignatedhistoricpropertyordistrictuntilplansorsufficientinformationhavebeensubmitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual 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 ah Code and other Preservation appl able CodeSeSections.peThe HPC 26.415.070.D.3.b.2 and 3 of the Municipal 610 E. Hyman Avenue—AspenModern HPC Resolution#27, Series of 2012 P287 VIII.g 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 Conceptual Commercial Design 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 Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. 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, the proposed expansion project includes a parking waiver, which HPC may grant according to the review standards of Section 26.415.110.C, Benefits, of the Municipal Code; and WHEREAS, the proposed expansion project includes a reduction to the required Utility/Delivery and Trash Storage area, which HPC may grant based on the review standards of Section 26.430, Special Review; and WHEREAS, the proposed redevelopment includes a height increase, which HPC may grant according to the review standards of Section 26.412, Commercial Design Review, of the Municipal Code; and WHEREAS, Amy Guthrie, in her staff report to HPC dated October 24, 2012, performed an analysis of the application based on the standards. The staff recommendation was that the property should be designated a landmark as it meets the criteria for designation and the integrity score qualifies as the "better/best" category of historic resources. Staff recommended that the proposed incentives were not appropriate within the AspenModern program due to lack of adequate restoration work, and the project did not meet review standards related to Conceptual Design Review. Staff recommended denial of the project; and WHEREAS, at their regular meeting on October 24, 2012, the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and recommendation, and public comments, and recommended Council pursue negotiation for landmark designation for this "better/best" example of an AspenModern resource, with conditions. HPC approved Conceptual Major Development and Conceptual Commercial Design with conditions. The vote of the members was 3 to 1. NOW,THEREFORE,BE IT RESOLVED: Block 99, CityThatHPCherebyfindsthatthepropertylocatedat610E. Hyman Avenue,Lot M, and Townsite of Aspen, meets the designation criteria of Land Use Code Section 26.415.030.C.1. HPC supports Council negotiation for voluntary designation of this property only with the condition that the applicant is required to restore the original arched form of the ground floor windows. This restoration work is considered necessary to support a package of preservation incentives which include the following: 1. A free market residential floor area increase of 1,546 square feet, making the total free market floor area 3,046 square feet. The combination of the commercial floor area and 610 E. Hyman Avenue—AspenModern HPC Resolution#27, Series of 2012 P288 VIII.g the residential free market floor area will exceed what is allowed as a total development for the site by 692 square feet. 2. 10 years vested rights. 3. Growth Management affordable housing mitigation waiver for the 1.725 employees generated by the proposed 949 square feet of new net leasable space. (This waiver is available in the Municipal Code for all historic landmarks) 4. On-site parking waiver, and waiver of cash-in-lieu fee for the required 0.95 parking spaces generated by the proposed 949 square feet of new net leasable space. (This waiver is available in the Municipal Code for all historic landmarks) 5. Park Development and Transportation Demand Management mitigation fees generated by residential and commercial expansion. (This waiver is available in the Municipal Code for all historic landmarks) HPC hereby grants Conceptual Major Development and Conceptual Commercial Design Review approval with the following conditions: 1. HPC approves a full waiver of the required on-site Utility, Delivery and Trash Storage Area with the condition that the applicant provides City Council with an acceptable written agreement for shared Trash Storage area amongst adjacent property owner(s) on Block 99, City and Townsite of Aspen. 2. The applicant must restudy the design of the new addition so the project does not exceed a maximum height of 38'. APPROVED BY THE COMMISSION at its regular meeting on the 24th day of October, 2012. Vay a Vicc Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strick and, iefeputy Clerk 610 E. Hyman Avenue—AspenModern HPC Resolution#27, Series of 2012 P289 VIII.g P291 VIII.g P292 VIII.g P293 VIII.g P295 VIII.g P297 VIII.g P298 VIII.g P299 VIII.g P300 VIII.g P301 VIII.g Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director THRU: Click here to enter text. DATE OF MEMO: 12/3/2012 MEETING DATE: 12/10/2012 RE: Code Amendment - Accessory Dwelling Units and Growth Management REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P303 VIII.h Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P304 VIII.h MEMORANDUM TO: Mayor Ireland and City Council FROM: Chris Bendon, Community Development Director RE: Code Amendment: Accessory Dwelling Units and Growth Management 2nd Reading Ordinance No. 34, Series of 2012 DATE: December 10, 2012 SUMMARY: The City Council recently provided direction to amend the Accessory Dwelling Unit program and the manner in which ADUs can be accepted as mitigation for housing impacts. The objective is to amend the mitigation options to those that provide actual housing commensurate with the impact being mitigated. Because ADUs do not require occupancy, the impact of new development is not being mitigated by the production of ADUs. Restricting mitigation options to those more directly tied to actual housing will offset the actual impacts of residential redevelopment. STAFF RECOMMENDATION: Staff recommends consideration of the proposed ordinance and continuation of the public hearing to January 28th. This schedule will align with consideration of the revised fee-in-lieu project being pursued by APCHA. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review an ordinance amending the Accessory Dwelling Unit program and the Growth Management Chapter. All code amendments are subject to a three-step process. This is the third step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. SUMMARY: The City requires the redevelopment (“scrape-and-replace”) of single-family and duplex properties to provide housing mitigation. Because these projects are replacement of existing development, the mitigation requirements are lower than for new development. Options for these projects include providing an off-site unit, payment of a cash-in-lieu, providing an AH Certificate, or building an ADU on the property. An ADU is an accessory dwelling unit that must be separate from the main house and may only be rented to a local worker. An ADU does not provide any other benefit to a property and “counts” in floor area. The ADU and cash-in-lieu options are highly preferred over other options. There are approximately 150 to 200 ADUs, most of which were built as a result of this mitigation requirement. Occupancy of these units is estimated to vary between 20 and 30 percent, much lower than desired by many. However, because the mitigation requirements are based on the net P305 VIII.h expansion, the actual occupancy in ADUs may still exceed that which would have been achieved through the cash or certificate options. The proposed ordinance will eliminate voluntary-occupancy ADUs as a mitigation option. Remaining options would be cash-in-lieu or the certificate program. Also remaining would be the development of an ADU which is deed-restricted and sold through the APCHA sales program. Voluntary-occupancy ADUs could still be built, but would not longer provide a property with a mitigation credit. Staff is proposing mitigation requirements for single-family and duplex development to be based on a 30% inclusionary requirement. The City has traditionally used an inclusionary requirement for new residential development (60% of new units within a subdivision must be affordable). The City has also used an inclusionary requirement for mixed-use projects (affordable housing floor area must be 30% of new free-market floor area). An inclusionary system is highly preferred for establishing residential mitigation requirements. The alternative would be a “linkage” requirement based on the number of employees generated by a residence. Linkage programs work well for commercial development but not for residential; determining the number of employees generated by a residence requires very complex (expensive) studies and is more susceptible to challenge. A 30% inclusionary requirement will mimic the existing requirement for mixed-use development – affordable floor area must be 30% of new free-market floor area. Below is a comparison of this proposal using today’s cash-in-lieu rates and the proposed rates for a 600 square-foot expansion of an existing home: Current requirement of $76.93 per square foot of additional floor area. 600 s.f. x $76.93 per s.f. = $46,158. Proposed 30% requirement using revised APCHA rates 600 s.f x 30% x $709 per s.f. = $127,620. For projects with larger expansions, some of the other mitigation options may be more attractive. The ‘buy-down’ of an existing free-market residence to affordable rates may be more cost-effective for some applicants. The development of a fully deed-restricted for sale ADU may also be a viable option. Staff is proposing the following options for mitigation. Single-family. In order to qualify for approval, the applicant shall have five options: a. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit. b. Providing an above-grade, one-bedroom or larger detached accessory dwelling unit (ADU) or a carriage house meeting or exceeding the minimum net livable square footage requirements of the Aspen/Pitkin County Housing Authority and meeting the standards of Chapter 26.520, Accessory Dwelling Units and Carriage Houses. The unit must be deed- restricted as a "for sale" Category 3 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority. c. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen Infill Area acceptable to the Aspen/Pitkin County Housing Authority. The unit must be deed-restricted as a "for sale" Category 3 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority. d. Providing and extinguishing a Category 3 (or lower) Certificate of Affordable Housing Credit in a full-time-equivalent (FTE) amount equal to 30% of the net increase in Floor P306 VIII.h Area divided by 400 square feet per FTE. Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. For example: An existing home is expanded by 600 square feet of Floor Area. 600 s.f. x 30% / 400 s.f. per FTE = .45 FTEs credit to be extinguished. e. Providing an affordable housing fee-in-lieu payment equal to 30% of the net increase in Floor Area multiplied by the Aspen/Pitkin County Housing Authority Guidelines Category 3 rate for square footage of affordable housing, as amended from time to time. For example: An existing home is expanded by 600 square feet of Floor Area. 600 s.f. x 30% x $709/s.f. = $127,620 fee-in-lieu payment. The above figures obviously represent a significant increase from the current fee system. Following are a few options for Council’s consideration: A. Adopt the 30% inclusionary requirement with the new APCHA rate. Argument: This does represent a significant increase in fees but the fee more accurately represents the actual costs of developing affordable housing. Continuing to allow under-mitigation is a development subsidy and continued disservice to the affordable housing program. The 30% requirement is currently in effect for other types of residential development and represents a community expectation for development going forward. B. Adopt a 30% inclusionary requirement with a delayed effective date. Argument: The mitigation rates need to reflect the reality of providing affordable housing. But, the new reality can be delayed to allow the development community to adjust to the new fee. Projects already in an initial planning stage could still go forward with old fees and applicant could manage progress towards a deadline. C. Adopt an 11% requirement that slowly increases to 30%. Argument: Similar to the delayed effective date, the development community can adjust to fees that adjust upward on a monthly or quarterly basis. The new fee is eventually achieved in a more gradual way and with multiple ‘deadlines’ that can be managed. D. Adopt a 15% inclusionary requirement with the new APCHA rates. Argument: Significant fee increases may stifle some development while a more-moderate increase may be more palatable. Mimicking the current fee amounts represents an 11% inclusionary requirement. Adopting a 15% requirement represents a tolerable increase. The percentage requirement can always be revised in the future. E. Adopt an 11% inclusionary requirement with the new APCHA rates. Argument: Any increase in fees represents a burden on new development. This isn’t the time for raising fees. By adopting an 11% requirement we match existing rates and we can always revisit the rate during better economic times. F. Adopt a lower-than-current rate or discontinue the code amendment. Argument: We should lower or eliminate fees to spur development activity. G. “Increase” the category for mitigation from Category 3 to Category 4. Argument: This would lower the financial burden on development. A 15% rate at Category 4 is a near duplicate of today’s fee schedule. Following are examples for 30% mitigation and 15% mitigation: 600 s.f x 30% x $513 per s.f. = $92,340. 600 s.f x 15% x $513 per s.f. = $46,170. P307 VIII.h The proposed ordinance also provides a mechanism to remove existing ADU deed restrictions. The existing ADU inventory does have a considerable (maybe not optimal) role in the overall housing inventory. While occupancy is low, simply eliminating existing ADUs will have a detrimental effect on the housing stock. A typical ADU is either a studio or a one-bedroom unit. On average, this type of unit houses 1.5 FTEs, assuming full-time occupancy. At the observed 25% rate of occupancy, a typical ADU houses .38 FTEs. The ordinance includes an administrative process for vacating existing deed restrictions with a fee-in-lieu or certificate mitigation at this .38 FTE amount. Removing an ADU from a property would continue to be at the option of the property owner. Lastly, this ordinance amends the Growth Management requirements for expanding existing single-family and duplex development. The current system requires mitigation only upon demolition. The exactness needed and the monitoring of quasi-demolition projects presents an administrative burden. Staff believes the housing impacts to the community are experienced regardless of the process of construction. The ordinance includes a system that requires mitigation upon an expansion of Floor Area, independent of whether demolition occurs as part of the construction process. This would bring the housing impacts section of the Land Use Code into alignment with how all other impact mitigation is treated in the City – based on net expansion, not development technique. STAFF RECOMMENDATION: Staff recommends Council consider this ordinance, receive public comments, and continue the hearing to January 28th to align with the schedule for APCHA fee-in-lieu changes. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to continue Ordinance No. 34, Series of 2012, to January 28th.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Staff Findings P308 VIII.h Ordinance No. 34, Series 2012 | page 1 ORDINANCE No. 34 (Series of 2012) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMNETS TO CHAPTER 26.520 OF THE CITY OF ASPEN LAND USE CODE – ACCESSORY DWELLING UNITS, AND CHAPTER 26.470 – GROWTH MANAGEMENT WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to explore code amendments related to the Accessory Dwelling Unit program and impact mitigation policies of the City’s Growth Management system; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach, including review with members of the Planning and Zoning Commission, and review with members of the Aspen/Pitkin County Housing Authority; and, WHEREAS, during a duly noticed public hearing on November 12, 2012, the City Council approved a Policy Resolution, Resolution 105, Series of 2012, directing staff to process code amendments related to the Accessory Dwelling Unit program and certain Growth Management mitigation policies; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code Chapters 26.520 and 26.470 as described herein; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments ad finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Chapter 26.520 of the City of Aspen Land Use Code, which section defines the allowances and limitations for developing Accessory Dwelling Units, shall read as follows: P309 VIII.h Ordinance No. 34, Series 2012 | page 2 26.520 ACCESSORY DWELLING UNITS AND CARRIAGE HOUSES Sections: 26.520.010 Purpose 26.520.020 General 26.520.030 Authority 26.520.040 Applicability 26.520.050 Design standards 26.520.060 Calculations and measurements 26.520.070 Deed restrictions and enforcement 26.520.080 Procedure 26.520.090 Amendment of an ADU or carriage house development order 26.520.010 Purpose The purpose of the accessory dwelling unit (ADU) and carriage house program is to promote the long-standing community goal of socially, economically and environmentally responsible development patterns which balance Aspen the resort and Aspen the community. Aspen values balanced neighborhoods and a sense of commonality between working residents and part-time residents. ADUs and carriage houses represent viable housing opportunities for working residents and allow employees to live within the fabric of the community without their housing being easily identifiable as "employee housing." ADUs and carriage houses support local Aspen businesses by providing an employee base within the City and providing a critical mass of local residents important to preserving Aspen's character. ADUs and carriage houses allow second homeowners the opportunity to hire an on- site caretaker to maintain their property in their absence. Increased employee housing opportunities in close proximity to employment and recreation centers is also an environmentally preferred land use pattern, which reduces automobile reliance. Detached ADUs and carriage houses emulate an historic development pattern and maximize the privacy and livability of both the ADU or carriage houses and the primary unit. Detached ADUs and carriage houses are more likely to be occupied by a local working resident, furthering a community goal of housing the workforce. (Ord. No. 53-2003, §2) 26.520.020 General Accessory dwelling units and carriage houses are separate dwelling units incidental and subordinate in size and character to the primary residence and located on the same parcel. A primary residence may have no more than one (1) ADU or carriage house. An ADU or carriage house may not be accessory to another ADU or carriage house. A detached ADU or carriage house may only be conveyed separate from the primary residence as a "for sale" affordable housing unit to a qualified purchaser pursuant to the Aspen/Pitkin County Housing Authority Guidelines, as amended. ADUs and carriage houses shall not be considered units of density with regard to zoning requirements. ADUs and carriage houses shall not be used to satisfy employee P310 VIII.h Ordinance No. 34, Series 2012 | page 3 housing requirements of the Growth Management Quota System (GMQS). All ADUs and carriage houses shall be developed in conformance with this Chapter. (Ord. No. 53-2003, §2; Ord. No. 12, 2007, §31) 26.520.030 Authority The Community Development Director, in accordance with the procedures, standards and limitations of this Chapter and the Common development review procedures, Chapter 26.304, shall approve, approve with conditions or disapprove a land use application for an accessory dwelling unit or carriage house. An appeal of the Community Development Director's determination shall be considered by the Planning and Zoning Commission and approved, approved with conditions or disapproved, pursuant to Subsection 26.520.080.D, Special review. A land use application requesting a variation of the ADU or carriage house design standards shall be approved, approved with conditions or disapproved by the Planning and Zoning Commission, pursuant to Subsection 26.520.080.D, Special review. If the land use application requesting a variation of the ADU or carriage house design standards is part of a consolidated application process, authorized by the Community Development Director, requiring consideration by the Historic Preservation Commission, the Historic Preservation Commission shall approve, approve with conditions or disapprove the variation, pursuant to Subsection 26.520.080.D, Special Review. (Ord No. 53-2003, § 2) 26.520.040 Applicability This Chapter applies to all properties located in Zone Districts permitting an accessory dwelling unit or carriage house as specified in Chapter 26.710, Zone Districts, and to all properties containing an accessory dwelling unit approved or developed prior to the adoption of Ordinance No. ___, Series of 2012. 26.520.050 Design standards All ADUs and carriage houses shall conform to the following design standards unless otherwise approved, pursuant to Subsection 26.520.080.D, Special review: 1. An ADU must contain between three hundred (300) and eight hundred (800) net livable square feet, ten percent (10%) of which must be a closet or storage area. A carriage house must contain between eight hundred (800) and one thousand two hundred (1,200) net livable square feet, ten percent (10%) of which must be closet or storage area. 2. An ADU or carriage house must be able to function as a separate dwelling unit. This includes the following: a. An ADU or carriage house must be separately accessible from the exterior. An interior entrance to the primary residence may be approved, pursuant to special review; P311 VIII.h Ordinance No. 34, Series 2012 | page 4 b. An ADU or carriage house must have separately accessible utilities. This does not preclude shared services; c. An ADU or carriage house shall contain a kitchen containing, at a minimum, an oven, a stove with two (2) burners, a sink and a refrigerator with a minimum of six (6) cubic feet of capacity and a freezer; and d. An ADU or carriage house shall contain a bathroom containing, at a minimum, a sink, a toilet and a shower. 3. One (1) parking space for the ADU or carriage house shall be provided on-site and shall remain available for the benefit of the ADU or carriage house resident. The parking space shall not be stacked with a space for the primary residence. 4. The finished floor heights of the ADU or carriage house shall be entirely above the natural or finished grade, whichever is higher, on all sides of the structure. 5. The ADU or carriage house shall be detached from the primary residence. An ADU or carriage house located above a detached garage or storage area shall qualify as a detached ADU or carriage house. No other connections to the primary residence or portions thereof, shall qualify the ADU or carriage house as detached. 6. An ADU or carriage house shall be located within the dimensional requirements of the Zone District in which the property is located. 7. The roof design shall prevent snow and ice from shedding upon an entrance to an ADU or carriage house. If the entrance is accessed via stairs, sufficient means of preventing snow and ice from accumulating on the stairs shall be provided. 8. ADUs and carriage houses shall be developed in accordance with the requirements of this Title which apply to residential development in general. These include, but are not limited to, the International Building Code requirements related to adequate natural light, ventilation, fire egress, fire suppression and sound attenuation between living units. This standard may not be varied. 9. All ADUs and carriage houses shall be registered with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070, Deed restrictions and enforcement. This standard may not be varied. (Ord. 53-2003, § 2) 26.520.060 Calculations and measurements A. Floor area. ADUs and carriage houses are attributed to the maximum allowable floor area for the given property on which they are developed, pursuant to Section 26.575.020, Calculations and measurements. B. Net livable square footage. ADUs and carriage houses must contain certain net livable floor area, unless varied through Special Review. The calculation of net livable area differs slightly from the calculation of floor area inasmuch as it measures the interior dimensions of the unit. (See Section 26.575.020 – Calculations and Measurements.) P312 VIII.h Ordinance No. 34, Series 2012 | page 5 (Ord. No. 53-2003, § 2) 26.520.070 Deed restrictions and enforcement A. Post Ordinance No 34, 2012, Units. ADUs and Carriage Houses developed after the adoption of Ordinance No. 34, Series 2012, shall not require a deed restriction. Occupancy and use of the unit shall be at the owner’s discretion. B. Pre Ordinance No 34, 2012, Units. ADUs and Carriage Houses developed prior to the adoption of Ordinance No. 34, Series 2012, shall continue to be deed restricted in the following manner: 1. Registration. The ADU or carriage house shall be registered with the Aspen/Pitkin County Housing Authority. 2. Occupancy. The occupant of an ADU or carriage house shall be qualified as a local working resident according to the current Aspen/Pitkin County Housing Authority Guidelines, as amended. Occupancy of the unit is at the owner’s discretion. 3. Lease Period. The ADU or carriage house shall be restricted to lease periods of no less than six (6) months in duration or as otherwise required by the current Aspen/Pitkin County Housing Authority Guidelines. Leases must be recorded with the Housing Authority. C. “For-Sale Units. A detached and permanently affordable Accessory Dwelling Unit or Carriage House qualifying a property for a floor area exemption, pursuant to Section 26.575.020 – Calculations and Measurements, shall be deed restricted as a "for sale" affordable housing unit and conveyed to a qualified purchaser, according to the Aspen/Pitkin County Housing Authority Guidelines, as amended and according to the following sales price limitations: 1. Accessory dwelling units from 300 to 500 net livable square feet – Category 3, or lower. 2. Accessory dwelling units from 501 to 800 net livable square feet – Category 4, or lower. 3. Carriage houses from 800 to 1,000 net livable square feet – Category 5, or lower. 4. Carriage houses from 1,001 to 1,200 net livable square feet – Category 6, or lower. Category sales prices shall be those specified in the Aspen/Pitkin County Housing Authority Guidelines, as amended. The initial developer may select the first qualified purchaser of the unit. Subsequent conveyances shall be according to the lottery sales procedures specified in the Aspen/Pitkin County Housing Authority Guidelines, as amended. D. Mandatory Occupancy Units. Accessory dwelling units deed restricted to mandatory occupancy in exchange for a floor area bonus, prior to the adoption of Ordinance No. 46, Series of 2001, shall be continuously occupied by a local working resident, as defined by the Aspen/Pitkin County Housing Authority, for lease periods of six (6) months or greater, unless the owner is granted approval to remove that restriction pursuant to Subsection 26.520.090.A, Insubstantial amendments. P313 VIII.h Ordinance No. 34, Series 2012 | page 6 The Aspen/Pitkin County Housing Authority shall provide a standard form for recording accessory dwelling unit or carriage house deed restrictions. The deed restriction shall be recorded with the County Clerk and Recorder prior to an application for a building permit may be accepted. The book and page associated with the recordation shall be noted in the building permit plans for an ADU or carriage house. E. Enforcement. The Aspen/Pitkin County Housing Authority or its designee, shall enforce the recorded deed restriction between the property owner and Aspen/Pitkin County Housing Authority. (Ord. No. 53-2003, § 2) 26.520.080 Procedure A. General. Pursuant to Section 26.304.020, Pre-Application Conference, applicants are encouraged to meet with a City Planner of the Community Development Department to clarify the requirements of the ADU and carriage house program. A development application for an ADU or carriage house shall include the requisite information and materials, pursuant to Section 26.304.030, Application and fees. In addition, the application shall include scaled floor plans and elevations for the proposed ADU or carriage house. The application shall be submitted to the Community Development Department. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to the adoption of Ordinance No. 44, Series of 1999 and which complies with the requirements of this Section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the International Building Code, as determined by the Chief Building Official. No retroactive penalties or assessments shall be levied against any bandit unit upon legalization. After a development order has been issued for an ADU or carriage house, a building permit application may be submitted in conformance with Section 26.304.075, Building permit. B. Administrative review. In order to obtain a development order for an ADU or carriage house, the Community Development Director shall find the ADU or carriage house in conformance with the criteria for administrative approval. If an application is found to be inconsistent with these criteria, in whole or in part, the applicant may either amend the application, apply for a special review to vary the design standards or apply for an appeal of the Director's finding pursuant to Subsection C, below. An application for an ADU or carriage house may be approved, approved with conditions or denied by the Community Development Director based on the following criteria: 1. The proposed accessory dwelling unit or carriage house meets the requirements of Section 26.520.050, Design standards. 2. The applicable deed restriction for the accessory dwelling unit or carriage house has been accepted by the Aspen/Pitkin County Housing Authority, and the deed restriction is recorded prior to issuance of a Certificate of Occupancy. P314 VIII.h Ordinance No. 34, Series 2012 | page 7 C. Appeal of Director's determination. An appeal of a determination made by the Community Development Director shall be reviewed as a special review pursuant to Subsection D, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. D. Special review. An application requesting a variance from the ADU and carriage house design standards or an appeal of a determination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Subparagraphs 26.304.060.E.3.(a), (b and c). Review is by the Planning and Zoning Commission. If the property is an historic landmark, on the Inventory of Historic Sites and Structures or within an Historic Overlay District and the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic Preservation Commission shall consider the special review. A Special Review for an ADU or Carriage House may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The proposed ADU or carriage house is designed in a manner which promotes the purpose of the ADU and carriage house program, promotes the purpose of the Zone District in which it is proposed and promotes the unit's general livability. 2. The proposed ADU or carriage house is designed to be compatible with and subordinate in character to, the primary residence considering all dimensions, site configuration, landscaping, privacy and historical significance of the property. E. Inspection and acceptance. Prior to issuance of a certificate of occupancy for an ADU or carriage house, the Aspen/Pitkin County Housing Authority or the Chief Building Official, shall inspect the ADU or carriage house for compliance with the design standards. Any unapproved variations from these standards shall be remedied or approved pursuant to this Chapter prior to issuance of a certificate of occupancy or certificate of compliance. (Ord. 53-2003, § 2) 26.520.090 Amendments A. Insubstantial amendment. An insubstantial amendment to a built or approved to be built Accessory Dwelling Unit or Carriage House may be authorized by the Community Development Director if: 1. The change is in conformance with the design standards, Section 26.520.050, or does not exceed approved variations to the design standards; and, 2. The change does not alter the deed restriction for the ADU or carriage house or the alteration to the deed restriction has been approved by the Aspen/Pitkin County Housing Authority. P315 VIII.h Ordinance No. 34, Series 2012 | page 8 B. Removal of a Voluntary-Occupancy Deed Restriction. An amendment application that proposes to remove a voluntary occupancy ADU deed restriction placed on the property may be approved by the Community Development Director if all of the following criteria are met: 1. The applicant shall either: a. Extinguish a Category 3 (or lower) Certificate of Affordable Housing Credit for .38 full-time-equivalents (FTEs). Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. b. Provide an affordable housing fee-in-lieu payment equal to .38 Category 3 employees according to the Aspen/Pitkin County Housing Authority Guidelines, as amended from time to time. 2. Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. 3. The land owner shall have the option of maintaining the Accessory Dwelling Unit or making the physical changes necessary to remove the unit, pursuant to subsection D, below. C. Removal of Mandatory-Occupancy Deed Restriction. An amendment application that proposes to remove a mandatory occupancy ADU deed restriction placed on the property may be approved by the Community Development Director if all of the following criteria are met: 1. The applicant shall either: a. Provide a deed restricted one-bedroom or larger affordable housing unit within the Aspen Infill Area acceptable to the Aspen/Pitkin County Housing Authority. The unit must be deed-restricted as a "for sale" Category 3 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority. b. Extinguish a Category 3 (or lower) Certificate of Affordable Housing Credit for 1.5 full-time-equivalents (FTEs). Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. c. Provide an affordable housing fee-in-lieu payment equal to 1.5 Category 3 employees according to the Aspen/Pitkin County Housing Authority Guidelines, as amended from time to time. 2. Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. 3. The land owner shall have the option of maintaining an Accessory Dwelling Unit or making the physical changes necessary to remove the unit, pursuant to subsection D, below. The structure granted the bonus floor area shall be considered a legally created nonconforming structure and subject to the provisions of Chapter 26.312. D. Removing an ADU or Carriage House. An amendment application that proposes to physically remove an ADU or Carriage House from a property may be approved by the Community Development Director if all of the following criteria are met. a. The unit is not subject to an occupancy deed restriction or has applied to conform to options for removing an occupancy deed restriction, as described above. P316 VIII.h Ordinance No. 34, Series 2012 | page 9 b. The physical changes necessary to remove or decommission the ADU or Carriage House shall be performed pursuant to an approved building permit. E. Other Amendment. All other amendments to an approved development order for an accessory dwelling unit or carriage house shall be reviewed pursuant to the terms and procedures of this Chapter. (Ord. No. 44-1999, §1; Ord. No. 46-2001, §1 (part); Ord. No. 47-2001, §2; Ord. No. 1-2002, §15; Ord. No. 27-2002, §22; Ord. No. 53, 2003, §2; Ord. No. 12-2006, §18) Section 2: Section 26.470.040 – Exempt Development – of the City of Aspen Land Use Code, which section defines the procedures and requirements for certain types of development which are exempt from the limitations of the City’s Growth Management system, shall read as follows: 26.470.040. Exempt development. The following types of development shall be exempt from the provisions of this Chapter. Development exempt from growth management shall not be considered exempt from other chapters of the Land Use Code, and property owners should consult with the Community Development Department. Where applicable, exemptions are cumulative. 1. Remodeling of existing single-family and duplex residential development. The remodeling of existing single-family and duplex residential properties shall be exempt from growth management provided that no additional Floor Area is added to the property. When an expansion of Floor Area occurs, see Section 26.470.060, subsections 1 and 2. 2. Conversion of an existing single-family residence to a duplex residence or vise-versa. The conversion of an existing single-family residence into multiple detached dwelling units or into a duplex residence, or vise-versa, shall be exempt from growth management provided that no additional Floor Area is added to the property. When an expansion of Floor Area occurs, see Section 26.470.060, subsections 1 and 2. (Note: Not all zone districts allow both single-family and duplex development. See Zone Districts, Chapter 26.710.) In zone districts permitting the development of a single-family, a duplex or two (2) single-family residences, one (1) development allotment may be expressed as a single-family, a duplex or two (2) single-family residences. The parcel shall have only one (1) development right regardless of the way in which it has been or is proposed to be developed. The parcel may be condominiumized to separate ownership. In order to subdivide the parcel, additional development rights must be obtained. [no changes to 26.470.040 subsections 3-11] Section 3: Section 26.470.060 – Administrative Applications – of the City of Aspen Land Use Code, which section defines the procedures and requirements for certain types of development which are subject to administrative review and the requirements of the City’s Growth Management system, shall read as follows: P317 VIII.h Ordinance No. 34, Series 2012 | page 10 26.470.060. Administrative applications. The following types of development shall be approved, approved with conditions or denied by the Community Development Director, pursuant to Section 26.470.110, Growth management review procedures, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all administrative growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Administrative approvals apply cumulatively. 1. Single-family and duplex development on historic landmark properties. The development of one (1) or multiple single-family residences or a duplex on a parcel of land designated as an historic landmark and which contains an historic resource shall be approved by the Community Development Director. This review applies to the rehabilitation of existing structures, reconstruction after demolition of existing structures, an expansion of Floor Area, and to the development of new structures on historic landmark properties. No affordable housing mitigation shall be required, provided that all necessary approvals are obtained, pursuant to Chapter 26.415, Development Involving the Inventory of Historic Landmark Sites and Structures, and provided that the parcel contains an historic resource. Development of single-family or duplex structures on an historic landmark property that does not contain an historic resource (for example, a house on a lot which was subdivided from an historic landmark property) shall be subject to the provisions of Section 26.470.060.2, Single-family and duplex dwelling development. 2. Single-family and duplex development. The following types of development of single- family or duplex structures shall require the provision of affordable housing in one (1) of the methods described in subparagraph c: a. The development of a single-family, multiple detached residential units when permitted in the zone district, or a duplex dwelling on a lot in one (1) of the following conditions: 1) A lot created by a lot split, pursuant to Subsection 26.480.060.C. 2) A lot created by an historic lot split, pursuant to Paragraph 26.480.030.A.4, when the subject lot does not itself contain an historic resource. 3) A lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Subsection 26.480.020.E, Aspen Townsite lots. The development of a new residential unit on a vacant lot shall be deducted from the development ceiling levels established pursuant to Section 26.470.030, but shall not be deducted from the respective annual development allotments for residential development. b. The expansion of Floor Area of an existing single-family, multiple detached residential units when permitted in the zone district, or a duplex dwelling, regardless of when the lot was subdivided or legally described and regardless of whether demolition occurs. This type of development shall not require a growth management allocation and shall not be deducted from the respective annual development allotments or development ceiling levels established pursuant to Section 26.470.030. P318 VIII.h Ordinance No. 34, Series 2012 | page 11 c. Affordable housing requirements for the types of single-family and duplex development described above shall be as follows: 1. Single-family. In order to qualify for approval, the applicant shall have five options: a. Recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit. b. Providing an above-grade, one-bedroom or larger detached accessory dwelling unit (ADU) or a carriage house meeting or exceeding the minimum net livable square footage requirements of the Aspen/Pitkin County Housing Authority and meeting the standards of Chapter 26.520, Accessory Dwelling Units and Carriage Houses. The unit must be deed-restricted as a "for sale" Category 3 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority. c. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen Infill Area acceptable to the Aspen/Pitkin County Housing Authority. The unit must be deed-restricted as a "for sale" Category 3 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority. d. Providing and extinguishing a Category 3 (or lower) Certificate of Affordable Housing Credit in a full-time-equivalent (FTE) amount equal to 30% of the net increase in Floor Area divided by 400 square feet per FTE. Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. For example: An existing home is expanded by 600 square feet of Floor Area. 600 s.f. x 30% / 400 s.f. per FTE = .45 FTEs credit to be extinguished. e. Providing an affordable housing fee-in-lieu payment equal to 30% of the net increase in Floor Area multiplied by the Aspen/Pitkin County Housing Authority Guidelines Category 3 rate for square footage of affordable housing, as amended from time to time. For example: An existing home is expanded by 600 square feet of Floor Area. 600 s.f. x 30% x $709/s.f. = $127,620 fee-in-lieu payment. 2. Duplex or two single-family units on one parcel. In order to qualify for approval, the applicant shall have five options: a. Recording a resident-occupancy (RO) deed restriction on one of the dwelling units. b. Providing an above-grade, one-bedroom or larger detached accessory dwelling unit (ADU) or a carriage house meeting or exceeding the minimum net livable square footage requirements of the Aspen/Pitkin County Housing Authority and meeting the standards of Chapter 26.520, Accessory Dwelling Units and Carriage Houses. The unit must be deed-restricted as a "for sale" Category 3 (or lower) housing unit and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority. c. Providing a deed restricted one-bedroom or larger affordable housing unit within the Aspen Infill Area acceptable to the Aspen/Pitkin County Housing Authority. The unit must be deed-restricted as a "for sale" Category 3 (or lower) housing unit P319 VIII.h Ordinance No. 34, Series 2012 | page 12 and transferred to a qualified purchaser according to the provisions of the Aspen/Pitkin County Housing Authority. d. Providing and extinguishing a Category 3 (or lower) Certificate of Affordable Housing Credit in a full-time-equivalent (FTE) amount equal to 30% of the net increase in Floor Area divided by 400 square feet per FTE. Certificates must be extinguished pursuant to the procedures of Chapter 26.540, Certificates of Affordable Housing Credit. For example: An existing duplex is expanded by 600 square feet of Floor Area. 600 s.f. x 30% / 400 s.f. per FTE = .45 FTEs credit to be extinguished. e. Providing an affordable housing fee-in-lieu payment equal to 30% of the net increase in Floor Area multiplied by the Aspen/Pitkin County Housing Authority Guidelines Category 3 rate for square footage of affordable housing, as amended from time to time. For example: An existing duplex is expanded by 600 square feet of Floor Area. 600 s.f. x 30% x $709/s.f. = $127,620 fee-in-lieu payment. [no changes to Section 26.470.060, subsections 3-7] Section 4: Section 26.470.080 – Major Planning and Zoning Commission applications – of the City of Aspen Land Use Code, which section defines the procedures and requirements for certain types of development subject to Planning and Zoning Commission review and the requirements of the City’s Growth Management system, shall read as follows: 26.470.080. Major Planning and Zoning Commission applications. The following types of development shall be approved, approved with conditions or denied by the Planning and Zoning Commission, pursuant to Section 26.470.060, Procedures for review, above and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section26.470.050 above. Except as noted, all Planning and Zoning Commission growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. [no changes to Section 26.470.080, subsections 1- 3] 4. Residential development – sixty percent (60%) affordable. The development of a residential project or an addition of units to an existing residential project, in which a minimum of sixty percent (60%) of the additional units and thirty percent (30%) of the additional floor area is affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. A minimum of sixty percent (60%) of the total additional units and thirty percent (30%) of the project's additional floor area shall be affordable housing. Multi-site projects are P320 VIII.h Ordinance No. 34, Series 2012 | page 13 permitted. Affordable housing units provided shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and shall average Category 3 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. b. If the project consists of only one free-market residence, a duplex, or two detached residences on one lot (where permitted by zoning), then the requirements of 26.470.060.2.c, shall apply. 5. Residential development – seventy percent (70%) affordable. The development of a residential project or an addition to an existing residential project, in which seventy percent (70%) of the project's additional units and seventy percent (70%) of the project's additional bedrooms are affordable housing deed-restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on the following criteria: a. Seventy percent (70%) of the total additional units and total additional bedrooms shall be affordable housing. At least forty percent (40%) of the units shall average Category 3 rates as defined in the Aspen/Pitkin County Housing Authority Guidelines. The remaining thirty-percent affordable housing unit requirement may be provided as Resident Occupied (RO) units as defined in the Aspen/Pitkin County Housing Authority Guidelines. Multi-site projects are permitted. Affordable housing units provided shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing. An applicant may choose to provide mitigation units at a lower category designation. b. If the project consists of one (1) free-market residence, then the provision of one (1) RO residence and one (1) category residence shall be considered meeting the seventy-percent unit standard. If the project consists of two (2) free-market residences, then the provision of two (2) RO residences and two (2) category residences shall qualify. (Ord. No. 14, 2007, §1) Section 5: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. P321 VIII.h Ordinance No. 34, Series 2012 | page 14 Section 8: Notice of Public Hearing. A public hearing on this ordinance shall be held on the 10th day of December, 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S. Galena St., Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of November, 2012. ATTEST: __________________________ ____________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _____________day of ______________, 2012. ATTEST: __________________________ ___________________________ Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: ___________________________ James R True, City Attorney P322 VIII.h Code Amendment: ADU Program, Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.050 Amendments to the Land Use Code Standards of review - Adoption. In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step Three – Public Hearing before City Council, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Staff Findings: Staff believes there is a community interest in updating the Accessory Dwelling Units Program. The existing ADUs have a relatively low occupancy and other types of mitigation are more likely to offset the actual impacts of development. Staff believes enabling mitigation options that result in higher occupancy of affordable housing is in the interests of the community and is in alignment with the purpose of Title 26. Staff finds this criterion met. B. Whether the proposed amendment achieves the policy, community goal, or objective cited as reasons for the code amendment or achieves other public policy objectives. Staff Findings: The stated objective is to reduce mitigation options to those that provide actual housing commensurate with the impact being mitigated. Because ADUs do not require occupancy, the impact of new development is not being mitigated by the production of ADUs. Restricting mitigation options to those more directly tied to actual housing will offset the actual impacts of residential redevelopment. Staff believes this proposed ordinance achieves this objective and finds this criterion met. C. Whether the objectives of the proposed amendment are compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff Findings: Staff believes there is a community interest in updating the ADU Program. The existing ADUs have a relatively low occupancy and other types of mitigation are more likely to offset the actual impacts of development. Staff believes enabling mitigation options that result in higher occupancy of affordable housing is in the interests of the community and is in alignment with the purpose of Title 26. Staff believes this is compatible with the community character of the City and in harmony with the public interest and the purpose and intent of this Title. Staff finds this criterion met. P323 VIII.h Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director THRU: Click here to enter text. DATE OF MEMO: 12/3/2012 MEETING DATE: 12/10/2012 RE: Code Amendment Policy Direction: Sign Code REQUEST OF COUNCIL: PREVIOUS COUNCIL ACTION: BACKGROUND: DISCUSSION: FINANCIAL/BUDGET IMPACTS: Click here to enter text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FINANCE REVIEW: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: P325 VIII.i Page 2 of 2 ALTERNATIVES: PROPOSED MOTION: CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially for work sessions • The memo should be as long as it needs to be – but remember, you’re not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as “Attachment”, “Exhibit” or “Schedule” with a letter following: Attachments: A - Exhibit One - Map ... B - Property Description C - Chart of Costs D - Resolution #97-1 P326 VIII.i 12.10.12 – Sign Code Policy Direction Page 1 of 4 MEMORANDUM TO: Mayor and City Council FROM: Jim Pomeroy, Code Enforcement Officer THRU: Chris Bendon, Community Development Director RE: Policy Resolution: Sign and Public Amenity Space Code Amendments Resolution ___, Series of 2012 MEETING DATE: December 10, 2012 SUMMARY: The attached Resolution outlines Council policy direction for code amendments related to the downtown. The objective of the proposed code amendments is to help clarify and give direction for commercial signs, as well as limiting outdoor displays of clothing, throughout town. Once the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends the Sign and Public Amenity sections of the Land Use Code. The memo and resolution summarize the policy direction received to date. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Sign and Public Amenity sections of the Land Use Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for all code amendments. All code amendments are subject to a three-step process. This is the second step in the process: 1. Public Outreach 2. Policy Resolution by City Council indicating if an amendment should the pursued 3. Public Hearings on Ordinance outlining specific code amendments. BACKGROUND & OVERVIEW: After a work session on January 24th of this year, City Council directed Community Development Staff to amend the Sign Code as well as the Public Amenity section of the Land Use Code. During this session, Council gave Community Development Staff clear direction on amendments, as well as general policy direction on others. . Beyond working to compile public feedback, Staff has also implemented proposed amendments of the Sign Code on an experimental basis this summer. These experiments were based on Council direction, and focused on sandwich board signs and outdoor merchandising. The direction taken and the reactions to those directions will be discussed later in this memo. The attached Policy Resolution is based on the direction received at the January 24th work session. P327 VIII.i 12.10.12 – Sign Code Policy Direction Page 2 of 4 TOPICS: Changes to the Sign Code are focused on two areas: • Clarifying for the public what types of signs are allowed and not allowed, including modifying the sign illumination section to better correspond with changing technologies. • Cleaning up discrepancies and scrivener errors within the sign code. Changes to the Public Amenity section of the code will limit displays of clothing on outdoor public amenity space CLARIFICATION ON SIGN TYPES: Based on public and Staff feedback, certain sections of the code relating to the allowed types of signs were either vague, or failed to meet the public’s needs, therefore the need to clarify which types of signs are allowed was required. Public Feedback: Based on public and Staff feedback, there was general support for the following items: • Adding an option for special event banners. • Adapting the lighting section to better handle LED lighting and backlit signs. • Eliminating the concept of “Business Frontage”. • Simplifying the code to allow a set amount of signage for all downtown businesses. • Modifying where sandwich board signs are allowed in the city. • Limiting service businesses from displaying sandwich board signs. • Altering the section on “window wraps.” • Modifying the amount of clothing it is appropriate for a business to display outside. Initial Council Direction: In previous meetings, City Council provided the following policy direction: A. Staff should suggest appropriate limits to backlit signs like the one at the Molly Gibson lodge. B. Change the code to prohibit LED signs made to resemble neon signs. C. Sandwich board signs for retail and restaurant uses should be allowed in all zone districts. D. Staff should suggest alternatives to more effectively regulate window wraps while allowing businesses the freedom to use them. E. The section of the code detailing how much clothing businesses’ can display outdoors on private property should be limited. F. Overall simplification Staff Comments: 1. Staff suggests allowing special events to display a banner(s) for a limited period without having to obtain a sign permit. This would allow special events such as the Food and Wine Classic, Susan G. Komen Ride for the Cure, X-Games, etc. to display advertising that is primarily informative in nature, and does not necessarily contain advertising for commercial enterprises. This is an activity that already happens often in town. There are no standards for these types of banners, and under our current code it is questionable if they are even P328 VIII.i 12.10.12 – Sign Code Policy Direction Page 3 of 4 allowed. Staff is often forced to either “read between the lines” to allow them, turn a blind eye to them, or is forced to conduct enforcement actions to remove them. From staffs perspective none of these are optimal, and it would be best if banners for worthwhile special events were allowed under controlled circumstances. 2. Staff suggests that the code be amended to prohibit “Neon Appearing Signs”, constructed using LED light technology. Staff also suggests clearly allowing “channel-letter” signs that are lit with internal LED lights that are fully shielded from view. Technology to minimize the illumination duration would be encouraged. These lights would only be allowed for Restaurant, Retail, and Lodge uses. 3. Currently the sign code section uses the concept of “business frontage” to determine the amount of signage individual businesses my display and where those displays can be erected. The actual definition of what constitutes a frontage is currently vague in the code, and it is difficult to craft a definitive definition that would fit every architectural situation. Therefore, Staff is recommending that the concept of frontage be eliminated from the code, and instead each business will be granted a set amount of signage based on business type for them to use as they so choose. This will have the effect of simplifying the sign code by making every business type receive the same amount of signage throughout the City, and eliminate the need for City Staff to interpret how much signage different businesses may receive. 4. Currently the code has a set amount of signage for some businesses, plus a variable amount for others depending on size and number of frontages. Staff recommends changing the sign allotment section of the code so that all businesses of the same type will receive the exact same amount of signage square footage. 5. Based on public feedback, and Council direction, the Community Development Staff allowed the rules for sandwich board signs to be extended to the entire City rather than just to the CC and C1 zone districts. Staff finds that the overall reaction to this change was positive, and did not significantly expand the number of signs throughout town. Therefore Staff recommends permanently changing the code to reflect this. 6. Sandwich board signs are allowed in the code for “retail and restaurant businesses.” There are businesses in the City that are primarily Service businesses that have an incidental retail component. Some of these businesses are allowed to display a sandwich board sign because of these retail components. In keeping with the intention of the code, Staff recommends modifying the Code to strictly state that these sorts of signs are only intended for restaurants and retail businesses where the service use is incidental to the businesses’ main core function. This would allow a ski shop that also tunes skis to have a sandwich board sign, but would prohibit one for a nail salon that sells nail polish. 7. Staff has found that the section of the code dealing with window wraps is vague and difficult to enforce. Furthermore, Council expressed to Staff at their work session that there was general acceptance to the idea of window wraps containing mostly images. Therefore, Staff recommends changing this section to better reflect Councils wishes as well as making this section clearer and easier to enforce. P329 VIII.i 12.10.12 – Sign Code Policy Direction Page 4 of 4 8. In the Public Amenity section of the code, businesses are allowed to display up to 12 linear feet of clothing on outdoor private public amenity space. Council, at their work session, recommended that Staff limit this to 2 mannequins or 1 rack of no more than 6 feet in length. They also recommended that bins and boxes should also be eliminated. Therefore, Staff recommends modifying the code to reflect these recommendations. STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to approve Resolution No. ___, Series of 2012, approving a Policy Resolution outlining direction for code amendments to the Sign Code and the Public Amenity sections of the Land Use Code.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ P330 VIII.i Resolution No __, Series 2012 Page 1 of 2 RESOLUTION N0. __, (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE SIGN CODE AND PUBLIC AMENITY SECTIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore code amendments related to the Sign Code and the Public Amenity sections of the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach to gain feedback from the community on potential code changes to the Sign Code and the Public Amenity sections of the Land Use Code; and, WHEREAS, the Public Outreach included three small group meetings, discussions with the Community Development Staff, and a City Council Work Session; and, WHEREAS, the Community Development Director recommended changes to the Sign Code and the Public Amenity sections of the Land Use Code; and, WHEREAS, City Council has reviewed the proposed code amendment policy direction, and finds it meets the criteria outlined in Section 26.310.040; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: P331 VIII.i Resolution No __, Series 2012 Page 2 of 2 Section 1: Code Amendment Objective • The objective of the proposed code amendments is to clarify for the public what types of signs are allowed and not allowed, including modifying the sign illumination section to better correspond with changing technologies; clean up discrepancies and scrivener errors within the sign code; and Change the Public Amenity section of the code to limit displays of clothing on outdoor public amenity space. Section 2: General Policy Directions City Council provides the following direction regarding amendments to the Sign Code and the Public Amenity sections of the Land Use Code: A. Adding an option for special event banners. B. Adapting the lighting section to better handle LED lighting and backlit signs. C. Eliminating the concept of “Business Frontage”. D. Simplifying the code to allow a set amount of signage for all downtown businesses. E. Modifying where sandwich board signs are allowed in the city. F. Limiting service businesses from displaying sandwich board signs. G. Altering the section on “window wraps.” H. Modifying the amount of clothing it is appropriate for a business to display outside. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted this __ day of __________ 2012. _______________________________ Michael C. Ireland, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ Kathryn S. Koch, City Clerk James R True, City Attorney P332 VIII.i