Loading...
HomeMy WebLinkAboutagenda.council.regular.20130624 CITY COUNCIL AGENDA June 24, 2013 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 #64, Series of 2013 - Approving Contract for 2013 Street Improvement Project b) Resolution #65, 2013 - Contract for Truscott Housing Re-Grading and Drainage Design c) Resolution #69, 2013 - Approving a Proposed Water Court Decree d) Minutes - June 10, 2013 VII. First Reading of Ordinances a) Ordinance #26, 2013 - 534 E Cooper Ave (Boogies) Subdivision b) Ordinance 25, 2013 - 507 Gillespie TDRs VIII. Public Hearings a) Ordinance #23, 2013 - S. Aspen Street Townhomes, PUD Amendment - Continue to July 8 b) Resolution #66, 2013 - Policy PUD and SPA Code Amendment c) Resolution #67, 2013 - Subdivision Code Amendment Policy d) Resolution #68, 2013 - Temporary Use - Aspen Historical Society IX. Action Items X. Executive Session Consultation with Attorneys re: Litigation and negotiations. C.R.S. Section 24-6-402(4)(b) and (e) XI. Adjournment Next Regular Meeting July 08, 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 MEMORANDUM TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready, Asst. City Manager DATE: June 24, 2013 RE: 2013 Asphalt Improvement Project 2013 - 059 SUMMARY: Staff recommends approval of a contract with Grand River Construction in the amount of $633,975 to accomplish the 2013 Street Improvement Project. PREVIOUS COUNCIL ACTION: The Asset Management Plan includes this project for 2013 construction. City Council approved the 2013 Asset Management Plan and appropriated $634,810 for this project as part of the 2013 budget. BACKGROUND: This contract is a result of competitive bid process. One other bid for the work was received. Grand River Construction submitted the low bid for the asphalt overlay project. DISCUSSION: This contract is to do the 2013 Street Improvement Project as budgeted for this year. The last extensive street overlay project was done in 2010. The 2013 scope includes work that was postponed in 2011 and 2012 in order for development projects with significant utility pavement cuts as well as for City curb and gutter replacement projects to be completed before the overlays were done. The work to be completed this year involves asphalt overlays on sections of the following streets that have been evaluated by a grading system and determined to be below standard for the traffic volumes that they carry: • Bleeker Street from Mill to Garmisch • W. Hopkins Avenue from 1st to 3rd • W. Hallam Street from Garmisch to 1st • Park Circle from South Ave. to Silver Lode • Park Avenue from Highway 82 to Park Circle • Durant Avenue from Aspen to Galena • Durant Avenue from Spring to West End • S. Spring Street from Main to Durant • Silverlode Drive from Park Circle to Williams Ranch Drive • W. Cooper Avenue from Garmisch to 1st P1 VI.a • Ute Avenue from Aspen Mountain Road to the Cul-de-sac • Marolt Road from Castle Creek Road to Marolt parking lot Work to be performed under the contract primarily consists of 1.5 inch pavement overlays. This will give the streets a greater structural stability for longevity and provide a longer wear factor. Full width and edge roto-milling will take 1 inch off the top layer of the existing street surface. A new 1.5 inch asphalt mat will be added back to complete the work. The funds remaining in the budget along with some Street Department operating funds will be used to do asphalt patch work prior to the paving project to keep cracks from reflecting up through the new asphalt mat. Some Street Department operating funds will also be used to do crack sealing on other streets in the city to prevent moisture from penetrating into the sub base and causing pothole conditions. FINANCIAL IMPLICATIONS: The 2013 Asset Management Plan approved $634,810 for this work. The proposed scope of work to be awarded under the contract is below the budgeted amount. The funds remaining in the budget will be used to do pre-paving patching and crack sealing work. RECOMMENDATION: Staff recommends Council approval of this contract with Grand River Construction to accomplish the 2013 Street Improvement Project to keep the structural integrity of the City Streets intact. PROPOSED MOTION: I move to approve Resolution #64 of 2013 on the consent calendar of June 24, 2013. CITY MANAGER COMMENTS: ______________________________________________________________________________ P2 VI.a RESOLUTION #64 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GRAND RIVER CONSTRUCTION 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 2013 Street Improvement Project, between the City of Aspen and Grand River Construction, 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 2013 Street Improvement Project, between the City of Aspen and Grand River Construction, 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 24th day of June, 2013. ___________________________________ Steven Skadron, 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, June 24, 2013. Kathryn S. Koch, City Clerk P3 VI.a P5 VI.a P6 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 P21 VI.b P22 VI.b P23 VI.b P25 VI.b P26 VI.b P27 VI.b P28 VI.b P29 VI.b P30 VI.b P31 VI.b P32 VI.b P33 VI.b P34 VI.b P35 VI.b P36 VI.b P37 VI.b P38 VI.b P39 VI.b P40 VI.b P41 VI.b P42 VI.b P43 VI.b P44 VI.b P45 VI.b P46 VI.b P47 VI.b P48 VI.b P49 VI.b P50 VI.b P51 VI.b P52 VI.b P53 VI.b P54 VI.b P55 VI.b P56 VI.b P57 VI.b P58 VI.b P59 VI.b P60 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 P75 VI.b P76 VI.b P77 VI.b Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Debbie Quinn, Assistant City Attorney THRU: James R. True DATE OF MEMO: 6/17/2013 MEETING DATE: 6/24/2013 RE: Resolution #69, 2013 approving a proposed water court decree REQUEST OF COUNCIL: To approve the attached resolution authorizing the City’s water counsel to execute a stipulation in water court case 2011CW198. PREVIOUS COUNCIL ACTION: BACKGROUND: The background of the particular water case is included in the attached draft resolution and draft decree. DISCUSSION: See attachments. FINANCIAL/BUDGET IMPACTS: Click here to enter text. ENVIRONMENTAL IMPACTS: Click here to enter text. RECOMMENDED ACTION: Approve the resolution. ALTERNATIVES: Request further information from Cindy Covell if needed. P79 VI.c Page 2 of 2 PROPOSED MOTION: Motion to approve Resolution No. 69, Series of 2013. CITY MANAGER COMMENTS: ATTACHMENTS: A. Resolution #69, 2013 B. Draft Water Decree 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 P80 VI.c 1 RESOLUTION #69 (Series of 2013) A RESOLUTION OF THE CITY OF ASPEN APPROVING A PROPOSED WATER COURT DECREE IN WATER CASE NO. 2011CW198 WHEREAS, the City of Aspen filed a Statement of Opposition to Water Case No. 2011CW198, Application of Music Associates of Aspen, Inc. (“MAA”), presently pending in the Water Court, Water Division No. 5; and WHEREAS, MAA’s application seeks a water court decree for certain water rights in connection with redevelopment of the campus of the Aspen Music Festival and School; in particular, MAA seeks to modify existing but previously undecreed ponds, to confirm water rights from Castle Creek to fill the ponds, and to obtain a plan for augmentation so that the ponds may be kept full during periods of call, and used for recreation, irrigation, fire protection and aesthetic purposes at the campus; and WHEREAS, MAA receives treated water service pursuant to an extraterritorial water service agreement with Aspen, which limits outdoor treated water irrigation at the campus; and WHEREAS, MAA’s water service agreement with Aspen anticipates that MAA will obtain a water court decree for the ponds for additional irrigation, fire protection and aesthetic purposes, and for an augmentation plan; and WHEREAS, Aspen’s water counsel, water resource consultants, and water department staff have reviewed a proposed decree prepared in this case and have determined that the proposed decree will adequately protect the Aspen’s water rights and related interests; and WHEREAS, water counsel has recommended the City authorize counsel to enter into a stipulation approving the proposed decree (draft dated April 1, 2013) in the form provided to Council or in a form that is no less restrictive upon MAA, and no less protective of Aspen than the proposed decree dated April 1, 2013; and WHEREAS, notwithstanding the stipulation, Aspen will remain a party in the case and will be notified of any changes to the decree in this case, and the Aspen may continue to participate in the case to ensure that any ruling or decree which is ultimately entered in the case contains terms and conditions which are no less restrictive upon MAA and no less protective of Aspen than the terms and conditions of the April 1, 2013 draft decree. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: The City’s water counsel is hereby authorized to execute a stipulation with the Music Associates of Aspen, Inc. in Case No. 2011CW198, approving the form of water court decree P81 VI.c 2 dated April 1, 2013, or any subsequent form of decree that is no less restrictive upon MAA and no less protective of Aspen than the form of decree dated April 1, 2013. Dated:_______________________ ______________________________________ Steve Skadron, 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 June 24, 2013. _________________________________________ Kathryn S. Koch, City Clerk P82 VI.c DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 ▲ COURT USE ONLY ▲ CONCERNING THE APPLICATION FOR WATER RIGHTS OF: MUSIC ASSOCIATES OF ASPEN, INC. a Colorado non-profit corporation, in Pitkin, Eagle and Garfield Counties, Colorado. Case No. 11CW198 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE, JUDGMENT AND DECREE The above-entitled Application was filed on December 30, 2011. This matter was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, C.R.S., known as the Water Rights Determination and Administration Act of 1969. The Referee, having made such investigations as are necessary to determine whether the statements in the Application are true, and having become fully advised with respect to the subject matter of the Application, does hereby make the following Findings of Fact, Conclusions of Law, and Ruling as the Referee in this matter: FINDINGS OF FACT 1. The name, address and telephone number of the Applicant are as follows: Music Associates of Aspen, Inc. 2 Music School Road Aspen, CO 81611 c/o Mark E. Hamilton, Esq. Holland & Hart LLP 600 E. Main St., Suite 104 Aspen, CO 81611 (970) 925-3476 mehamilton@hollandhart.com 2. Timely and adequate notice of the filing of the Application were given as required by law. C. R.S. § 37-92-302 (2011). This Court has jurisdiction over the subject matter of these proceedings and over all persons affected thereby, whether they have appeared or not. P83 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 2 C.R.S. §§ 37-92-203 and -302. None of the water rights or structures involved herein is located within a designated groundwater basin. 3. A properly verified Application was filed in this matter by the Applicant on December 30, 2011. Timely Statements of Opposition were filed in this matter by the Colorado Water Conservation Board, Elk Mountain Lodge LLC, American Lake LLC, Ashcroft LLC, Crystal LLC, and the City of Aspen. The time for filing additional statements of opposition has expired. By order dated March 8, 2011, this matter was referred to the Water Referee. 4. Overview of Application: Applicant operates the Aspen Music Festival and School (AMFS) campus along Castle Creek. Applicant is in the process of redeveloping its campus. As a part of this redevelopment, Applicant is modifying four historical ponds on the property that have existed for decades without adjudicated water rights priorities. In particular, one pond will be eliminated and combined with another. Of the remaining three ponds, one pond will be lined and operated for uses including fire protection and augmentation, while the other two will remain under the influence of groundwater for the near term. The purpose of this application is to confirm surface water rights to fill these structures, storage water rights for lined ponds, underground water rights for ponds under the influence of groundwater, and a plan for augmentation so that ponds may be kept full during call periods so long as water is provided in time and amount to alleviate any potential injury to other vested water rights. The subject water rights will also be utilized for recreation, irrigation, fire protection and aesthetic enhancement purposes on the AMFS campus. FIRST CLAIM FOR RELIEF: SURFACE WATER RIGHTS 5. Applicant requests confirmation of the following surface water rights: A. Name of structure: MAA Spring (1) Location: the spring consists of a seep/spring area located in the SE 1/4 SE 1/4 of Sec. 14, T. 10 S., R. 85 W., 6th P.M., at a point 820 ft from the South sec. line and 100 ft. from the East sec. line of said Sec. 14, Pitkin County, Colorado. See Figure 3. (2) Source: seepage from hillside tributary to Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. P84 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 3 (3) Uses: irrigation*, fire protection *The area that may be irrigated by all of the water rights confirmed herein is described as up to 1.13 acres in the NW¼ SW¼ SW¼ of Sec. 13, and the NE¼ SE¼ SE¼ of Sect. 14, T. 10 S., R. 84 W., 6th P.M. See Figure 4. (4) Amount: 0.25 c.f.s., absolute, for pond filling for recreation, aesthetic and fire protection purposes. 0.25 c.f.s., conditional, for pond filling for irrigation and augmentation. purposes (5) Appropriation information: (a) Appropriation dates: October 24, 1945 (absolute uses), April 24, 2007 (conditional uses). (b) Appropriations initiated by: usage of water since prior to acquisition of Bonanza Placer Mining Claim October 1945 by Walter Paepcke; initiation of land use application to Pitkin County in April 2007 for redevelopment of MAA campus, including existing ponds thereon. (c) Date of application of water to beneficial use: October 24, 1945 (absolute uses); N/A (conditional uses). (6) Remarks: Any out-of-priority depletions resulting from the use of the MAA Spring will be augmented under the plan for augmentation and exchange described in the Fourth and Fifth Claims, below. This structure is a near-surface structure pursuant to C.R.S. 37-92-103(14)(b). This structure will also be used to fill the Great Pond and Shallow Pond for irrigation and fire protection purposes, as well as for the other decreed uses for these two ponds (augmentation, recreation and aesthetic purposes). (7) Name and address of owner of land upon which structure is located: Applicant. B. Name of structure: MAA Pump & Pipeline. (1) Location: the point of diversion is located in the SE 1/4 SE 1/4 of Sec. 14, T. 10 S., R. 85 W., 6th P.M., at a point 1210 ft from the South sec. line P85 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 4 and 50 ft. from the East sec. line of said Sec. 14, Pitkin County, Colorado. See Figure 3. (2) Source: Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. (3) Uses: irrigation*, fire protection *The area that may be irrigated by all of the water rights confirmed herein is described as up to 1.13 acres in the NW¼ SW¼ SW¼ of Sec. 13, and the NE¼ SE¼ SE¼ of Sect. 14, T. 10 S., R. 84 W., 6th P.M. See attached Figure 4. (4) Amount claimed: 0.50 c.f.s., conditional. (5) Appropriation information: (a) Appropriation date: April 24, 2007. (b) Appropriation initiated by: initiation of land use application to Pitkin County in April 2007 for redevelopment of MAA campus, including existing ponds thereon. (c) Date of application of water to beneficial use: N/A. (6) Remarks: any out-of-priority depletions resulting from the use of the MAA Pump & Pipeline will be augmented under the plan for augmentation and exchange described in the Fourth and Fifth Claims, below. This structure will also be used to fill the Great Pond and Shallow Pond for irrigation and fire protection purposes, as well as for the other decreed uses for these two ponds (augmentation, recreation and aesthetic purposes). (7) Name and address of owner of land upon which structure is located: Applicant. SECOND CLAIM FOR RELIEF: GROUNDWATER RIGHTS (POND WELL) 6. Applicant requests confirmation of underground water rights for the following structures: A. Name of structure: MAA Enchanted Pond Well. P86 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 5 (1) Location: the centerline of the dam at the outlet pipe is located in the SW 1/4 SW 1/4 of Sec. 13, T. 10 S., R. 85 W., 6th P.M., at a point 960 ft from the South sec. line and 70 ft. from the West sec. line of said Sec. 13, Pitkin County, Colorado. See Figure 3. (2) Source: groundwater tributary to Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River. (3) Uses: irrigation*, fire protection, recreation and aesthetic purposes. *The area that may be irrigated by all of the water rights confirmed herein is described as up to 1.13 acres in the NW¼ SW¼ SW¼ of Sec. 13, and the NE¼ SE¼ SE¼ of Sect. 14, T. 10 S., R. 84 W., 6th P.M. See Figure 4. (4) Amount claimed: 0.002 c.f.s. (1.0 g.p.m.), 0.50 acre-feet annual diversion, absolute for recreation and aesthetic; conditional for other uses (5) Surface area: 0.18 acres. (6) Depth: 4.0 feet. (7) Appropriation information: (a) Appropriation date: October 24, 1945 (recreation and aesthetic); December 30, 2011 (irrigation and fire protection). (b) Appropriation initiated by: construction of pond well; usage of water since prior to acquisition of Bonanza Placer Mining Claim October 1945 by Walter Paepcke (absolute uses); filing of water rights application in this matter (conditional uses). (c) Date of application of water to beneficial use: October 24, 1945 (for recreation and aesthetic purposes). (8) Remarks: any out-of-priority depletions resulting from the use of the MAA Enchanted Pond Well will be augmented under the plan for augmentation and exchange described in the Fourth and Fifth Claims, below. (9) Name and address of owner of land upon which structure is located: Applicant. THIRD CLAIM FOR RELIEF: P87 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 6 WATER STORAGE RIGHTS (PONDS) 7. Name of structure: MAA Shallow Pond. a. Location: the centerline of the dam at the outlet is in the SE 1/4 SE 1/4 of Sec. 14, T. 10 S., R. 85 W., 6th P.M., at a point 1180 ft. from the South sec. line and 20 ft. from the East sec. line of said Sec. 14, Pitkin County, Colorado. See Figure 3. b. Source: MAA Spring (0.25 c.f.s.) and MAA Pump & Pipeline (0.50 c.f.s), both of which divert surface water directly from or tributary to Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River (see First Claim, above). c. Uses: irrigation*, fire protection, geothermal heat exchange, recreation, aesthetic and augmentation. *The area that may be irrigated by all of the water rights confirmed herein is described as up to 1.13 acres in the NW¼ SW¼ SW¼ of Sec. 13, and the NE¼ SE¼ SE¼ of Sect. 14, T. 10 S., R. 84 W., 6th P.M. See Figure 4. d. Amount claimed: 1.75 acre-feet (all active storage) with the right to fill and refill in priority provided that cumulative refills of this pond and the MAA Great Pond shall not exceed 6.05 acre-feet per year; 1.75 acre-feet absolute for recreation and aesthetic purposes;1.75 acre-feet conditional for other uses. e. Surface area: 0.32 acres. f. Dam information: (1) Length: 150 feet. (2) Height: less than 10 feet. g. Appropriation information: (1) Appropriation dates: October 24, 1945 for absolute uses; April 24, 2007 for conditional uses. (2) Appropriations initiated by: construction of pond; usage of water since prior to acquisition of Bonanza Placer Mining Claim in October 1945 by Walter Paepcke; initiation of land use application for MAA campus redevelopment on April 24, 2007. P88 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 7 (3) Date of application of water to beneficial use: October 24, 1945 (absolute uses); N/A (conditional uses) h. Remarks: any out-of-priority depletions due to evaporation from the surface of this structure during times of water rights calls from below the Roaring Fork/Fryingpan confluence will be augmented under the plan for augmentation and exchange described in the Fourth Claim, below. This structure will be lined prior to operation of the plan for augmentation and exchange. i. Name and address of owner of land upon which structure is located: Applicant. 8. Name of structure: MAA Great Pond. a. Location: the centerline of the dam is in the SW 1/4 SW 1/4 of Sec. 13, T. 10 S., R. 85 W., 6th P.M., at a point 1120 ft. from the South sec. line and 130 ft. from the West sec. line of said Sec. 13, Pitkin County, Colorado. See Figure 3. b. Source: MAA Spring (0.25 c.f.s.) and MAA Pump & Pipeline (0.50 c.f.s), both of which divert surface water directly from or tributary to Castle Creek, tributary to the Roaring Fork River, tributary to the Colorado River (see First Claim, above). c. Uses: irrigation*, fire protection, geothermal heat exchange, recreation and aesthetic. *The area that may be irrigated by all of the water rights confirmed herein is described as up to 1.13 acres in the NW¼ SW¼ SW¼ of Sec. 13, and the NE¼ SE¼ SE¼ of Sect. 14, T. 10 S., R. 84 W., 6th P.M. See Figure 4. d. Amount claimed: 2.7 acre-feet absolute, 1.6 acre-feet conditional, with the right to fill and refill in priority, provided that cumulative refills of this pond and the MAA Shallow Pond shall not exceed 6.05 acre-feet per year. e. Surface area: 0.80 acres. f. Dam information: (1) Length: 350 feet. (2) Height: less than 10 feet. g. Appropriation information: (1) Appropriation date: April 24, 2007. P89 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 8 (2) Appropriation initiated by: initiation of land use application for MAA campus redevelopment on April 24, 2007. (3) Date of application of water to beneficial use: N/A. h. Remarks: Any out-of-priority depletions due to evaporation from the surface of this structure will be augmented under the plan for augmentation and exchange described in the Fourth Claim, below. The Great Pond does not presently intercept groundwater; if such changes in the future this structure will be lined. i. Name and address of owner of land upon which structure is located: Applicant. FOURTH CLAIM FOR RELIEF: PLAN FOR AUGMENTATION 9. Water rights to be augmented (all described above): MAA Spring MAA Pump & Pipeline MAA Enchanted Pond Well MAA Shallow Pond MAA Great Pond 10. Water rights to be used for augmentation: Shallow Pond (described above in Third Claim) Basalt Water Conservancy District (“BWCD”) water rights, to be supplied pursuant to a water allotment contract between BWCD and Applicant, including the following: a. Green Mountain Reservoir: i. Source: Blue River, tributary of Colorado River. ii. Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. iii. Adjudication Date: October 12, 1955. P90 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 9 iv. Appropriation Date: August 1, 1935. v. Case Nos.: 2782, 5016, and 5017, Court: United States District Court, District of Colorado and Case No. 88CW022, District Court, Water Division No. 5. vi. Decreed Amount: 154,645 acre feet and a refill right in the amount of 3,856 acre feet absolute and 150,789 acre feet, conditional. vii. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. b. Ruedi Reservoir: i. Source: Frying Pan River, tributary of Colorado River. ii. Legal description: an on-channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. iii. Adjudication Date: June 20, 1958. iv. Appropriation Date: July 29, 1957. v. Case No.: C.A. 4613, Garfield County District Court. vi. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W-789-76). vii. Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation, piscatorial, and stock watering. viii. Refill: By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet of the refill right was made absolute. In Water Court Case No. 01CW269, an additional 25,257 acre feet of the refill right was made absolute, for a total of 69,766 acre feet absolute in the refill right. c. Troy Ditch and Edith Ditch: STRUC TURE PRIORIT Y COURT CASE ADJ DATE APP DATE DECREED AMT USE AMOUNT SOLD, TRANSFERRED OR RESERVED AMOUNT REMAINING (10) P91 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 10 NO. (CFS) (4) (5) (6) (7) (8) (9) CFS AF Troy Ditch (1) 370 3082 8/25/19 36 5/01/1906 5.10 I 0.000 0.000 0.095 0.064 0.035 4.906 N/A Troy Ditch 1st Enlg 427 3082 8/25/19 36 5/01/1928 10.80 I 0.000 0.000 0.200 0.134 0.073 10.393 N/A Troy Ditch 2nd Enlg 669 4613 6/20/19 58 6/01/1942 6.20 I 0.000 0.000 0.115 0.077 0.042 5.966 N/A Edith Ditch 353 3082 8/25/19 36 5/01/1904 2.72 I 0.110 0.1320 0.050 0.000 0.018 2.410 N/A Edith Ditch 1st Enlg 673 4613 6/20/19 58 7/01/1946 3.23 I 0.000 0.000 0.060 0.000 0.022 3.148 N/A Troy Ditch Water System aka Lower Headga te (2) W- 2281 15.50(3) I,D,M C,P 0.110 0.1320 0.520 0.275 0.190 14.273 412.89 (1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (2) Alternate point for all priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. (6) Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch 1st and 2nd Enlargement (16.9 AF assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be P92 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 11 stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by by-passing water at the headgate on the Frying Pan River. d. Robinson Ditch: STRUCTURE DECREED AMOUNT/ Cfs AMT. OWNED BY BWCD (cfs)(1) ADJ. DATE APP. DATE PRIORIT Y CASE NO. (2) ROBINSON DITCH 5.00 1.21 05/11/1889 06/15/1882 38 132 ROBINSON DITCH 2.50 0.60 05/11/1889 04/15/1886 140 132 ROBINSON DITCH 2.00 0.48 05/11/1889 11/15/1886 167 132 ROBINSON DITCH 10.70 2.59 12/29/1903 04/25/1899 212C 1061 ROBINSON DITCH 20.06 4.85 08/25/1936 04/25/1900 326 3082 (The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch). i. Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. ii. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD’s interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive-use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD’s Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. 11. Statement of plan for augmentation: P93 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 12 The Applicant owns and operates the Aspen Music Festival and School (AMFS) upon the campus depicted upon Figure 1. The Applicant is presently pursuing redevelopment of this property as shown on Figure 4. Upon completion of this project, total pond (including pond well) surface area upon the MAA campus will be 1.31 acres, with assumed annual evaporation of 3.61 acre-feet feet per year (38 inches). Total augmented landscape area (not including areas irrigated by water supplied by City of Aspen) will be 1.13 acres (see Figure 4), with assumed depletions of 2.0 acre-feet (1.77 acre-feet per acre per year). Therefore, total annual project depletions are estimated to be 5.61 acre-feet per year. Detailed diversion and depletion information is set forth on attached Tables 1-3. a. Downstream irrigation calls. Castle Creek, the Roaring Fork River and the Colorado River are all subject to periodic water rights calls from downstream irrigation water rights after spring runoff each year. Historically, the “Cameo call” from downstream on the Colorado River has been placed for one week in April, one week in May, two weeks in June, all of July through October, and one week in November. The proposed plan for augmentation herein will provide replacement water from the BWCD sources listed above in Paragraph 9 to satisfy the Cameo call with regard to all out- of-priority pond evaporation and new landscape irrigation of the MAA campus (shown on attached Figure 4--Castle Creek Campus Master Plan). Applicant’s Fifth Claim, below, includes appropriative rights of exchange for the reaches between the point of depletion on Castle Creek and the downstream points of replacement on the Roaring Fork and/or Colorado Rivers, as applicable. A proposed dry year operational analysis to address the Cameo call is attached as Table 4. Total out-of-priority depletions are estimated at 4.09 acre-feet, with downstream replacement of 4.5 acre-feet, including attribution of 10% estimated transit losses for BWCD contract deliveries to the Roaring Fork and Colorado River systems. b. Local calls. This plan also addresses local call potential. In particular, the Colorado Water Conservation Board (CWCB) holds instream flow water rights on Castle Creek (12 c.f.s.) and the Roaring Fork River from Maroon Creek to the Fryingpan River (30 c.f.s from Oct. 1 through Mar. 31; 55 c.f.s. from Apr. 1 through Sep. 30). There is potential for a CWCB call from these rights to affect Castle Creek during August and September of very dry years. Therefore, the proposed plan for augmentation also provides for local replacement water to be released from the Shallow Pond as necessary to replace any out-of-priority depletions due to new landscape irrigation of the MAA campus (shown on attached Figure 4). Applicant shall replace all out-of-priority evaporative depletions by releasing water from the Shallow Pond any time MAA Exchange Nos. 1 and 2 are operating and there is a local call on Castle Creek (including a CWCB call). However, Applicant does not propose to replace evaporative depletions to satisfy a CWCB call when the MAA Exchange Nos. 1 and 2 are not being operated because these historical evaporative depletions have routinely occurred since P94 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 13 prior to the CWCB’s appropriation of instream flow water rights and are therefore exempted from the call pursuant to C.R.S. § 37-92-102(3)(b) whenever the Exchanges are not in operation (a 1962 aerial photo showing ponds upon the MAA campus is attached as Figure 2). When required to make local replacement releases from the Shallow Pond pursuant to this plan, Applicant shall commence such releases within 24 hours of a local call being placed on Castle Creek. Prior to irrigating out of storage, Applicant shall first ensure that it will have enough stored water on hand to make required local augmentation releases to replace out-of-priority evaporation from the surface of the Enchanted Pond Well. A proposed dry-year operational analysis for a local call on Castle Creek is attached as Table 5. Out-of-priority irrigation depletions are estimated at 1.68 acre-feet, all of which would be replaced by releases from the Shallow Pond into Castle Creek. Any time Castle Creek or the Roaring Fork River above its confluence with the Fryingpan River are under administration, evaporation from the surface of the Shallow Pond shall not be replaced. In the unlikely event of a local call outside of the Aug. 1 through Sept. 30 time period, if there is not sufficient replacement water in storage in the Shallow Pond, Applicant will discontinue irrigation with the water rights confirmed herein and cease replacement of evaporation from the Great Pond and the Shallow Pond. FIFTH CLAIM FOR RELIEF: APPROPRIATIVE RIGHTS OF EXCHANGE 12. Applicant requests confirmation of the following conditional appropriative rights of exchange: A. Name of exchange: MAA Exchange No. 1 (Castle Creek/Roaring Fork). (1) Upstream Terminus: location of MAA Pump & Pipeline; see Section 5.B above and attached Figure 3. (2) Downstream Terminus: the confluence of the Roaring Fork and Fryingpan Rivers, located in the SW 1/4 of Sec. 7, T. 8 S., R. 86 W. of the 6th P.M., Eagle County, at a point approximately 750 ft. from the S. sec. line and 1440 ft. from the E. sec. line; see Figure 5. (3) Appropriation date: April 24, 2007 (4) How appropriation was initiated: initiation of land use application for redevelopment of MAA campus. (5) Maximum instantaneous rate of exchange: 0.50 c.f.s., conditional (with maximum monthly average exchange of 0.02 c.f.s. and maximum monthly volume of exchange of 1.28 acre-feet per month). (6) Uses: augmentation by exchange of irrigation, fire protection, recreation, P95 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 14 and replacement of evaporative losses. (7) Remarks: releases from the BWCD’s Roaring Fork River replacement sources pursuant to the augmentation plan described above in Applicant’s Fourth Claim will enter the Roaring Fork River at the confluence of the Fryingpan and Roaring Fork Rivers. The subject exchange will therefore operate between this confluence up the Roaring Fork River and Castle Creek to the various locations of the structures described in Applicant’s First, Second and Third Claims, above. B. Name of exchange: MAA Exchange No. 2 (Castle Creek/Roaring Fork/Colorado). (1) Upstream Terminus: location of MAA Pump & Pipeline; see Section 5.B above and attached Figure 3. (2) Downstream Terminus: the confluence of the Roaring Fork and Colorado Rivers, located in the SE 1/4 NW 1/4 of Section 9, T. 6 S., R. 89 W. of the 6th P.M., Garfield County, at a point approximately 2200 ft. from the N. sec. line and 2350 ft. from the W. sec line; see Figure 5. (3) Appropriation date: April 24, 2007 (4) How appropriation was initiated: initiation of land use application for redevelopment of MAA campus. (5) Maximum instantaneous rate of exchange: 0.50 c.f.s., conditional (with maximum monthly average of 0.02 c.f.s. and maximum monthly volume of exchange of 1.28 acre-feet). (6) Uses: augmentation by exchange of irrigation, fire protection, recreation, and evaporative losses. (7) Remarks: releases from the BWCD’s Colorado River replacement sources pursuant to the augmentation plan described above in Applicant’s Fourth Claim will be delivered to at the confluence of the Colorado and Roaring Fork Rivers. The subject exchange will therefore operate between this confluence up the Roaring Fork River and Castle Creek to the various locations of the structures described in Applicant’s First, Second and Third Claims, above. Neither MAA Exchange No. 1 nor MAA Exchange No. 2 may operate at times any of the following senior instream flow water rights have placed calls that are being administered by the Division Engineer: CWCB Case No. Stream/Lake Amount (c.f.s.) Approp. Date Watershed County P96 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 15 5-76W2947 Castle Creek 12 1/14/1976 Roaring Fork Pitkin 5-76W2948 Roaring Fork River 32 1/14/1976 Roaring Fork Pitkin 5-85CW646 Roaring Fork River 55/30 11/8/1985 Roaring Fork Pitkin CONCLUSIONS OF LAW 13. The foregoing Findings of Fact are incorporated in these Conclusions of Law as though fully set forth herein. 14. The Application filed herein was complete, covering all applicable matters required under C.R.S. § 37-92-302. 15. All notices required by law were given, and no further notice need be given. 16. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not, pursuant to C.R.S. §s 37-92-301(2) and -303(1). 17. This Court has authority to confirm the water rights and plan for augmentation requested in this application pursuant to C.R.S. §§ 37-92-301(2), -302 and -303(1). 18. The Court finds that Applicant has demonstrated an intent to appropriate water for all of the above-described underground, surface and storage water rights, and for the above- described conditional appropriative rights of exchange. Applicant has taken a substantial first step towards such appropriations in the amounts and for the purposes specified above. As to all conditional amounts and uses described above, the Court also finds that waters can and will be appropriated, diverted, stored or exchanged in the times, amounts and for the uses described above, and that such waters will be beneficially used and that the project can and will be completed with diligence and within a reasonable time. C.R.S. § 37-92-305(9)(b). 19. A change of water rights or plan for augmentation shall be approved if it will not injuriously affect the owner or persons entitled to use water under a vested water right or decreed conditional water right. C.R.S. § 37-92-305(3). 20. The Court finds that the plan for augmentation described above in Applicant’s Fourth Claim, subject to all terms and conditions set forth herein, will not injuriously affect the owners of or persons entitled to use water under a vested water right or decreed conditional water right. P97 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 16 21. Any decree approving a change of water right or plan for augmentation must be conditioned upon the retained jurisdiction of the court for a period necessary or desirable to preclude or remedy any injury to the vested rights of others. C.R.S. § 37-92-304(6). 22. The proposed plan for augmentation meets the statutory criteria for a plan for augmentation set forth in C.R.S. §§ 37-92-103(9), -302(1), and -305(8), as one contemplated by law and, if operated in accordance with the terms and conditions of this Ruling, the use of water pursuant to said plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed conditional water right. RULING OF THE REFEREE 23. The foregoing Findings of Fact and Conclusions of Law are incorporated in this Ruling of the Referee as though fully set forth herein. 24. Subject all terms and conditions set forth in this Ruling of the Referee, the Court hereby confirms conditional and/or absolute water rights (as indicated above) for each of the structures and exchange described above in Applicant’s First, Second, Third, and Fifth Claims for Relief, as more fully described above in the Findings of Fact. 25. The plan for augmentation described above in Applicant’s Fourth Claim is hereby approved, subject to all terms and conditions set forth herein. Applicant shall be allowed to utilize the water rights described above out-of-priority so long as, pursuant to the above-described plan for augmentation, replacement water is provided in time and amount to alleviate any injury that may otherwise occur to other vested water rights. The Referee finds that the substituted water provided for under this plan for augmentation is of a quality, quantity and continuity so as to meet the requirements for which the water of senior appropriators has normally been used. 26. The approval of such augmentation plan shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of five (5) calendar years after the date of the decree and continuing until five years after the Applicant provides written notice to the parties, the Division Engineer and the Court via electronic filing in this proceeding that the augmentation plan has become fully operational and that the proposed uses are all in place. Such notice must confirm that the Shallow Pond is in place, that the terms and conditions necessary to operate the plan as required by the decree have been met, and that the augmented uses and augmentation have been initiated. As to the Shallow Pond, the notice shall include an as-built stage capacity table, an estimate of the active capacity of the reservoir, a profile of the reservoir showing the elevation of inlet and outlet structures, and confirmation that an operable and lockable outlet structure has been installed. In determining the period of reconsideration, the Court has taken into account the proposed uses of the subject water rights. P98 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 17 27. Pursuant to C.R.S. § 37-92-305(8), in administering the augmentation plan approved herein, the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 28. The Applicant shall install appropriate measuring devices on all structures and provide accounting, and supply calculations regarding the timing of depletions as may be required by the Division Engineer. 29. Should the Applicant desire to maintain the conditional rights confirmed herein, an Application for Reasonable Diligence shall be filed in the same month of the sixth calendar year following entry of this decree, unless a determination has been made prior to that date that such conditional rights have been made absolute by reason of completion of the appropriations, or are otherwise disposed of. All of the water diversion and storage structures described herein are integrated structures for the purposes of future reasonable diligence findings. 30. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or transfer of the conditional water rights decreed herein, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: A. The title and case number of this Case No. 11CW198; B. The description(s) of the conditional water right(s) transferred; C. The name of the transferor; D. The name and mailing address of the transferee; E. A copy of the recorded deed. The owner of said conditional water rights shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 11CW198 and in the case file (if any) in which the Court first made a finding of reasonable diligence. 31. The Applicant shall file for and obtain well permits for the pond wells described in Applicant’s Second Claim, above, pursuant to the Colorado Groundwater Management Act, C.R.S. §§ 37-90-101 to – 143, prior to operation of the same pursuant to the plan for augmentation described herein. It is ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. P99 VI.c Water Division 5 Application of Music Associates of Aspen, Inc. Ruling of the Referee, Judgment and Decree Case No. 11CW198 Page 18 It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. DATED this ____ day of _________________________, 2013. BY THE REFEREE __________________________________ Water Referee, Water Division No. 5, State of Colorado JUDGMENT AND DECREE No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. The month and year for filing an Application for Finding of Reasonable Diligence as to each of the conditional water rights confirmed above shall be __________________, 2019. SO ORDERED this ____ day of _________________________, 2013. BY THE COURT: __________________________________ District Court Judge, Water Division No. 5, State of Colorado P100 VI.c Regular Meeting Aspen City Council June 10, 2013 1 OUTSTANDING EMPLOYEE BONUS AWARD ....................................................................... 2 CITIZEN PARTICIPATION .......................................................................................................... 2 COUNCILMEMBER COMMENTS .............................................................................................. 2 CONSENT CALENDAR ............................................................................................................... 3 ORDINANCE #22, SERIES OF 2013 –Code Amendments: Common Areas; Small Expansions; Outdoor Vending ............................................................................................................................ 3 ORDINANCE #9, SERIES OF 2013 – Code Amendment – Campaign Contributions ................. 4 SWEARING IN MAYOR AND COUNCIL .................................................................................. 5 CITIZEN COMMENTS ................................................................................................................. 5 COUNCILMEMBER COMMENTS .............................................................................................. 5 RESOLUTION #60, SERIES OF 2013 – Contract Arapaho Roofing Marolt Roofs ..................... 5 ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Townhomes, PUD Amendment ........... 5 ORDINANCE #24, SERIES OF 2013 - 604 W. Main Street – Historic Landmark Lot Split and Transferable Development Rights .................................................................................................. 6 PROCEDURE COUNCIL VACANCY ......................................................................................... 7 P101 VI.d Regular Meeting Aspen City Council June 10, 2013 2 Mayor Ireland called the meeting to order at 5:00 PM with Councilmembers Johnson, Frisch, Torre and Skadron present. OUTSTANDING EMPLOYEE BONUS AWARD Mayor Ireland and Council presented an outstanding employee bonus award to Brad Fite, facilities manager, of the Aspen Recreation Center for his creative and money saving solutions. CITIZEN PARTICIPATION 1. Phyllis Bronson thanked Mayor Ireland and said he is leaving Aspen in good hands. This was a great journey followed by a good campaign. COUNCILMEMBER COMMENTS 1. Councilman Torre said Eco-Fest was held this weekend and the city could do a better job marketing and partnering with the event. Councilman Torre said in approving special events, these should not cut out businesses but be open to the sidewalks to include established businesses. 2. Councilman Torre noted Bobby Mason’s Alive concert was held at the Wheeler attended by many long time locals and the Wheeler staff did a great job. 3. Councilman Johnson said off season is over, food & wine is next weekend, and the city should be ready to put on the show! 4. Councilman Frisch said he is a season pass holder in We-cycle; people can go to their website and sign up. The organizers worked hard and to make sure there is not overlap with the bike shops. 5. Councilman Skadron asked Council direct staff to consider a Charter amendment to address the long-term vacancy on Council. 6. Councilman Skadron introduced his mother, brother and family from Minnesota to witness his swearing in as Mayor. 7. Mayor Ireland suggested several Charter amendments for a Charter commission or Council to look at; four year term for mayor, a vacancy should be filled only until the next general or regular city election, whichever comes first, automatic cost-of-living pay raises for Council and Mayor. 8. Millie Hamner, state representative, said when the legislation is not in session, elected officials go around their district visiting local governments to see what they may want to see in P102 VI.d Regular Meeting Aspen City Council June 10, 2013 3 the state legislature and to hear what was done in the past. Representative Hamner handed out a summary of the bills she has sponsored. CONSENT CALENDAR Councilman Johnson moved to approve the consent calendar; seconded by Councilman Torre. The consent calendar is: Resolution #61, 2013 - Gould Contract - AABC 200 Road Utility Completion Project Resolution #63, 2013 - Colorado Water Trust Agreement Resolution #62, 2013 - Galena Plaza Minutes - May 28, 2013 Councilman Skadron asked if there is a relationship between the utility work at the AABC 200 road and that being done by RFTA for the underpass. David Hornbacher, utilities department, said there is no relationship and they are not near each other. Councilman Skadron asked if the requested $45,000 is enough for the outreach and planning expenses in the Galena Plaza contract. John Laatsch, asset department, said it is. All in favor, motion carried. ORDINANCE #22, SERIES OF 2013 –Code Amendments: Common Areas; Small Expansions; Outdoor Vending Chris Bendon, community development department, reminded Council changes were made to the ordinance at first reading restricting common areas to the sale of locally produced products and allowing up to 500 square feet expansion of net leasable space with a limit of 250 square feet of floor area. Councilman Skadron asked if existing food businesses have had input and been informed. Bendon said staff did not do a lot of outreach; they discussed this with commercial brokers. There is not that much private property that can be used for outdoor food vending. The increase is for areas outside the commercial core. Mayor Ireland moved to adopt Ordinance #22, Series of 2013, as amended on second reading; seconded by Councilman Johnson. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Roll call vote; Frisch, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. P103 VI.d Regular Meeting Aspen City Council June 10, 2013 4 ORDINANCE #9, SERIES OF 2013 – Code Amendment – Campaign Contributions Jim True, city attorney, pointed out state statutes allow that campaign committees need not report donations under $20. This ordinance amends the city regulations to be stricter and that a candidate’s committee would have to report any donation no matter the amount. Councilman Torre noted the last time this was discussed, he requested an amendment to allow for up to $200 in non-identified donations of $20 or less. Councilman Torre said in his experience there are people in the community who would like to get involved and contribute to a campaign without being on a list in the newspaper. Councilman Frisch said he is not supportive of this amendment. Mayor Ireland said the simpler solution is that one gives money, it is reported; however, he will support the ordinance as amended in order to move forward. Councilman Skadron said this motion is an appropriate public protection against abuse. Mayor Ireland moved to adopt Ordinance #9, Series of 2013, on second reading; seconded by Councilman Skadron. Councilman Torre moved to amend Ordinance #9, Series of 2013, to include that a candidate can receive contributions under $20 up to a total amount of $250, above which all further contributions shall disclose names and addresses of contributors for all amounts; seconded by Councilman Johnson. Councilman Torre stated it is valuable to allow people to participate in election. Mayor Ireland said he will vote for this because representative democracy sometimes requires compromise. Roll call vote; Frisch, no; Torre, yes; Skadron, no; Johnson, yes; Mayor Ireland, yes. Motion carried. Roll call vote; Skadron, no; Johnson, yes; Frisch, no; Torre, yes; Mayor Ireland, yes. Motion carried. Gail Schwartz, state senator, presented a proclamation from the Colorado State Senate honoring Mick Ireland for his years of service to the community. Councilman Frisch read a proclamation honoring outgoing Councilmember Derek Johnson. Councilman Skadron read a proclamation honoring outgoing Mayor, Mick Ireland. Mayor Ireland read a proclamation honoring outgoing Councilmember Torre. Mayor Ireland showed a slide show of his role in politics in Pitkin County and Aspen for the last 20 years, listing the accomplishments of the city and county with the theme “the people did it themselves”. Councilman Skadron presented a letter resigning as a member of the Aspen City Council effective prior to his taking the oath of office as Mayor. Councilman Torre moved to adjourn at 6:20 PM; seconded by Councilman Johnson. Roll call vote; Johnson, yes; Torre, yes; Frisch, yes; Mayor Ireland, yes. P104 VI.d Regular Meeting Aspen City Council June 10, 2013 5 SWEARING IN MAYOR AND COUNCIL Deputy Municipal Judge Ted Gardenswartz gave the oath of office to Margaret Ann Mullins and Arthur Daily as Council for the City of Aspen and to Steven Skadron as Mayor of the City of Aspen. CITIZEN COMMENTS 1. Dwight Shellman told Council he has been the city’s election consultant for the past two months and assured Council the municipal elections were the most transparent and verifiable in the state. The city clerk’s staff and election judges worked hard to insure that. COUNCILMEMBER COMMENTS 1. Councilman Frisch welcomed Councilmembers Mullins and Daily to City Council. 2. Councilwoman Mullins said it is a privilege and responsibility to be on Council and she hopes to help the city keep the best of what it has. Councilwoman Mullins thanked everyone who helped her get elected. 3. Councilman Daily said he is honored to be elected to City Council. Aspen has always been a wonderful adventure. Councilman Daily said his philosophy is to keep on doing hard work and have fun and do it together. 4. Mayor Skadron welcomed the new Council and noted the work is hard and results in a town that has a quality of life that is the envy of other resort towns. RESOLUTION #60, SERIES OF 2013 – Contract Arapaho Roofing Marolt Roofs Councilman Frisch moved to approve Resolution #60, Series of 2013 – Contract Arapaho Roofing Marolt Roofs; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE #23, SERIES OF 2013 – S. Aspen Street Townhomes, PUD Amendment Jennifer Phelan, community development department, said this is a proposal to amend the approvals for the project, which is 3 parcels of land on the southwest edge of town. The project was originally approved in 2003 with 31 multi-family dwelling units; 17 affordable housing and 14 free market units. In the past 10 years there have been different projects approved for the site, including lodge development. This application is to amend the entitled project to 24 units on site of 10 affordable and 14 free market units and the balance of the affordable units either credits or physical units developed east of the roundabout. P105 VI.d Regular Meeting Aspen City Council June 10, 2013 6 Councilman Frisch asked staff to discuss going off the historic grid pattern and affordable housing moving off site at the public hearing. Councilman Frisch said he would still like to see lodging on this site. Mayor Skadron said the applicant has a right to a public hearing; however, he will examine this critically before that public hearing and is not signing off on the project by approving this on first reading. Chris Bendon, community development department, agreed first reading is a procedural matter and sets the public hearing date so the public knows when that date is. Councilman Frisch moved to read Ordinance #23, Series of 2013; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE NO. 23 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PLANNED UNIT DEVELOPMENT – OTHER AMENDMENT AND ASSOCIATED LAND USE REVIEWS FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD LEGALLY DESCRIBED AS PARCELS 1, 2, AND 3 SOUTH ASPEN STREET SUBDIVISION/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Frisch moved to adopt Ordinance #23, Series of 2013, on first reading; seconded by Councilwoman Mullins. Roll call vote; Daily, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #24, SERIES OF 2013 - 604 W. Main Street – Historic Landmark Lot Split and Transferable Development Rights Amy Guthrie, community development department, told Council the ordinance would approve a lot split and establish transferable development rights. This is a 9,000 square foot lot on Main street. Landmarked properties may create smaller lots than other properties and this proposal would subdivide the property into a 3,000 and a 6,000 square foot lot. This is a mixed use zone district with a maximum development of 9,000 square feet of floor area. The applicant would like to establish TDRs, sell them and remove them from the property. Selling TDRs off a historic property takes the pressure off and moves it to a less sensitive location. The applicant proposes to sell 7 TDRs off the 3,000 square foot lot and on the 6,000 square foot parcel there will be a Victorian home and carriage house. HPC has recommended approval as the proposal preserves the small scale on Main street. Councilwoman Mullins moved to read Ordinance #24, Series of 2013; seconded by Councilman Daily. All in favor, motion carried. ORDINANCE #24 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTYLOCATED AT P106 VI.d Regular Meeting Aspen City Council June 10, 2013 7 604 W. MAIN STREET, LOTS Q, R, AND S, BLOCK 24, CITY AND TOWNSITE OF ASPEN, COLORADO Councilman Frisch moved to adopt Ordinance #24, Series of 2013, on first reading; seconded by Councilwoman Mullins. Roll call vote; Councilmembers Frisch, yes; Mullins, yes; Daily, yes; Mayor Skadron, yes. Motion carried. PROCEDURE COUNCIL VACANCY Mayor Skadron announced the packets for the vacant Council seat, including questions posed by Council, will be available by noon Tuesday June 11th. The deadline for submittal for the vacant Council seat will be June 17th at 4 pm. Mayor Skadron said he hopes there will be at least one public forum so that this process will be as close to the election process as possible. Council reviewed the proposed questions and made some changes. Council will schedule interviews with the candidates July 1 and 2, hopefully making the appointment July 2nd. The deadline for filling the vacancy is July 8th. Mayor Skadron noted he supported Ordinance #9 as written and was against the amendment. He would have voted for the Ordinance as originally drafted. Councilman Frisch moved to adjourn at 7:35 PM; seconded by Councilwoman Mullins. All in favor, motion carried. Kathryn Koch City Clerk P107 VI.d Page 1 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: 534 E Cooper Ave (Boogies) –Subdivision Review First Reading, Ordinance No._26__, Series of 2013 Second Reading is scheduled for July 22, 2013 MEETING DATE: June 24, 2013 APPLICANT /OWNER: Boogie’s Building of Aspen, LLC c/o Leonard Weinglass REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 534 E Cooper Ave (Boogies Buildings) CURRENT ZONING: CC (Commercial Core) SUMMARY: The Applicant requests subdivision review for the remodel and expansion of the Boogies Building. STAFF RECOMMENDATION: Staff recommends approval of the request. P&Z RECOMMENDATION: P&Z unanimously recommended approval of the request. Photo: Boogies location and picture of Building viewed from Cooper Ave. P109 VII.a Page 2 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals to remodel and expand the existing building: • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed-use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and expand an existing two story building and add a recessed third floor at 534 E Cooper Ave. The lot is 6,269 square feet and is located approximately at the north-west corner of Cooper Ave and Hunter St. The original application for this redevelopment was made in March of 2012, and is subject to the Land Use Code in place at that time, which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. Existing Conditions and History: The Boogies building is located in the Commercial Core (CC) zone district at 534 E Cooper Ave. It was built in 1987 using reconstruction credits from the demolition of the “Shaft Restaurant.” At the time, the building was reconstructed so it did not contain any additional commercial square footage than had previously been on the site. A new two-bedroom affordable housing unit was voluntarily added as part of the reconstruction. The unit was not required to satisfy any mitigation requirements. The building included approximately 10,865 square feet of commercial space in the basement, first and second floors, and one (1) voluntary affordable housing unit on the second floor. In 1995, the owner requested approval to expand the second floor restaurant by 249 square feet through the conversion of one of the affordable housing unit’s bedrooms into commercial space. This change in use request was granted, and a cash-in-lieu payment was made to mitigate the expanded restaurant. The affordable housing unit was still considered a voluntary unit, and an updated deed restriction for the reconfigured one-bedroom unit was recorded. At some point following the 1995 approval, the restaurant began enclosing a portion of the second floor outdoor deck with a tent. In 2003, the City informed the owner that the enclosure required a temporary use approval, which was granted. The enclosure has essentially remained up since the approval, even though the approval was only for one season. This application proposes to bring the area into compliance by expanding the restaurant and removing the “temporary” enclosed space. Proposed Development: The applicant proposes expanding the existing commercial space by 292 square feet of net leasable area, adding a new free-market residential unit of 2,307 square feet of net livable area to a new third floor, and expanding the affordable housing unit to 705 square feet of net livable area in order to use it as the required affordable housing mitigation for the project expansion. The unit was not originally provided as mitigation, so the applicant requests using as mitigation for this project. The Planning and Zoning Commission reviewed and approved the commercial and free-market residential growth management requests on April 16, 2013. They also accepted the existing deed restricted unit as mitigation for the increased space. P110 VII.a Page 3 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo The applicant proposes using a TDR to expand the free-market unit beyond 2,000 sq ft. net livable allowed by zoning. The expanded net leasable space generates 0.292 parking spaces, which the applicant will mitigate for through a cash-in-lieu payment. This is allowed by right in the land use code. No parking is required for the residential units. The project received Conceptual HPC and Conceptual Commercial Design Approval from the Historic Preservation Commission on July 11, 2012, which limited the building to thirty-eight (38) feet in height, and approved on-site Public Amenity space of 8% and 2% off-site, recommending a cash-in-lieu payment be used to satisfy that portion of the requirement. The Conceptual Reviews were called up by City Council, which affirmed HPC’s decision. STAFF COMMENTS: SUBDIVISION REVIEW A subdivision review is required for this mixed-use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. The project is currently served by utilities, and the expansion can be accommodated through an upgrade to the existing utility box. In addition, the applicant will meet all applicable engineering requirements, including all drainage requirements. The existing trash/recycling area can accommodate the expansion. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit C. PLANNING & ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted seven to zero (7-0) in favor of the request. A copy of the minutes from their April 16th meeting is attached as Exhibit D. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. 2. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. 3. All areas labeled “roof” and “exterior roof garden” may not be used as deck space. 4. The provision of any required Public Amenity space through a cash-in-lieu payment, as originally recommended by HPC, is approved. 5. Removal of the existing second floor deck enclosure shall be a condition of receiving a building permit. P111 VII.a Page 4 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo PROPOSED MOTION: “I move to approve Ordinance #26, Series 2013, approving a Subdivision Review for the project located at 534 E Cooper Ave, on First Reading.” Attachments: Exhibit A – Subdivision Review Criteria, Staff Findings Exhibit B – DRC Comments Exhibit C – Public Comment Exhibit D – April 16, 2013 P&Z minutes Exhibit E – Revised FAR and Net Livable/Leasable drawings, dated April 8, 2013 Exhibit F – Application P112 VII.a Ordinance No __, Series 2013 Page 1 of 6 Ordinance No. 26, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie’s Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 – 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve aSubdivision; and, WHEREAS, on June 24, 2013 the Aspen City Council approved Ordinance No. __, Series 2013, on First Reading by a ____ to ____ (_-_) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. __, Series 2013, by a ____ to ____ (_-_) vote, approving with conditions a subdivision of the Property; and, P113 VII.a Ordinance No __, Series 2013 Page 2 of 6 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a subdivision agreement and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominiumization. Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as “roof” or “rooftop garden” are not permitted for use as a deck. The chimney shown in the approved plans is not approved. P114 VII.a Ordinance No __, Series 2013 Page 3 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required off-site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash-in-lieu payment of $9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be a condition of building permit issuance. A building permit shall not be issued until the enclosure is removed, as verified by the Zoning Officer. Section 5: Parking The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated by the development. Section 6: Engineering The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City’s stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner’s responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3. The Certificate of Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. P115 VII.a Ordinance No __, Series 2013 Page 4 of 6 Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA’s normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit’s and commercial unit’s association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Requirements Service is contingent upon compliance with the District’s rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required P116 VII.a Ordinance No __, Series 2013 Page 5 of 6 for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: 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 14: 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. P117 VII.a Ordinance No __, Series 2013 Page 6 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ___ day of _________, 2013. _______________________________ Steve Skadron, Mayor ATTEST: _______________________________ Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this ___ day of __________, 2013. _______________________________ Steve Skadron, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ _______________________________ Kathryn S. Koch, City Clerk James R. True, City Attorney P118 VII.a Exhibit A – Staff Findings, Subdivision Page 1 of 3 Exhibit A – Staff Findings, Subdivision 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Findings: There are no applicable adopted Master Plans for this property. This is a mixed-use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing on-site open space (public amenity space) and is required to pay an additional cash-in-lieu fee for space that is being removed to accommodate accessibility improvements, which was approved as part of their Conceptual Commercial Design Review. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Staff finds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. P119 VII.a Exhibit A – Staff Findings, Subdivision Page 2 of 3 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed-use building so the spatial pattern is efficient. Existing services will be used, and any costs associated with upgrades to service, including to utility service will be borne by the applicant. Staff finds this criterion is met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Staff finds this criterion is met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi-family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Findings: The proposed development meets the requirements of 26.470. Staff finds this criterion is met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash-in-lieu payment will be made as part of the building permit. Staff finds this criterion is met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management P120 VII.a Exhibit A – Staff Findings, Subdivision Page 3 of 3 approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. If the growth management requests are granted by the Planning and Zoning Commission, this criterion will be met. . P121 VII.a Exhibit B – Boogies DRC Comments Page 1 of 4 Exhibit B - Boogies DRC Comments Building • This addition may cause the building to be reclassified from VB to V A. This will require the addition of fire rated structure and assemblies. • The addition at the commercial level will trigger the toilet rooms to meet ICC/ANSI for accessibility. • The plans do not show but the elevation does show a door to the street from the ADU and Free market unit. This door is required to the street façade and will not be permitted to swing into the ROW. Utilities • The applicant should do load calculations now and meet with the department to review in order to better prepare for the building permit • Due to a low roof (non-conforming with standards) above the existing transformer and Non-conformance to Electrical codes the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. Fire • All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Environmental Health • No Comments. Trash/Recycling area meets requirements. Parking • No Comments Zoning • The calculation for existing floor area is not accurate. sheet E-102 the stair at South East corner should not be included. • Storage in Basement: sheet A-101 Proposed floor area calculations, and sheet A-106 Net leasable: indicate for whom the storage is proposed, for example commercial or residential. • Proposed “exterior roof garden” not calculated as deck exemption. No access to the area is permitted. • Roof mechanical sheet A-105; no information provided. • Page 17 gives details on proposed square footage but not proposed floor area. Is the deck exemption for the free market unit really 470 pursuant sheet A-103? The deck exemption is based on allowable floor area per use, not including the bonus of the TDR. • Proposed elevations have the chimney which was not approved by HPC. See exhibit 2, HPC Resolution No. 16 (Series of 2012). P123 VII.a Exhibit B – Boogies DRC Comments Page 2 of 4 • Elevations (sheet A-112) and floor plan (sheet A109) indicate a door at the North elevation of the third floor free market unit. The roof at the third level has not been counted toward ‘deck exemption’. And the brick parapet shields the use. Is it intended for mechanical? Parks • Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. • Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. • Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Engineering • These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. • Drainage: o General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. o A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City’s stormwater infrastructure. • Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1. Consider stormwater quality needs early in the design process. 2. Use the entire site when planning for stormwater quality treatment. 3. Avoid unnecessary impervious area. 4. Reduce runoff rates and volumes to more closely match natural conditions. 5. Integrate stormwater quality management and flood control. P124 VII.a Exhibit B – Boogies DRC Comments Page 3 of 4 6. Develop stormwater quality facilities that enhance the site, the community, and the environment. 7. Use a treatment train approach. 8. Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. • Sidewalk and Curb and Gutter: o General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. o As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner’s responsibility to repair the damage as described in Title 21. • Construction Management – Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 – April 15 and June 1 – Labor Day). • Excavation Stabilization – Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. • Fee in Lieu –This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. APCHA • The APCHA Board reviewed the application at their regular meeting held April 3, 2013 and finds the proposal consistent with the provisions of the current code regarding the use of the existing one-bedroom unit for mitigation of the proposed commercial and residential expansion. If using the on-site unit for mitigation is approved, the development would be allotted one point to the overall GMQS score. Sanitation • Service is contingent upon compliance with the District’s rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On-site utility plans require approval by ACSD. • Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. • Oil and Sand separators are required for parking garages and vehicle maintenance establishments. P125 VII.a Exhibit B – Boogies DRC Comments Page 4 of 4 o Driveway entrance drains must drain to drywells. o Elevator shaft drains must flow thru o/s interceptor • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. • Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. • We can comment on this application in greater detail once detailed plans have been submitted to the District. P126 VII.a P127 VII.a Regular City Planning & Zoning Meeting— Minutes April 16, 2013 LJ Erspamer opened the public hearing on 534 East Cooper (Boogie's) Growth Management Review. LJ asked for legal notice. Debbie Quinn said that it was provided are approved as provided. Jessica Garrow said this is a public hearing for an application submitted by Boogie's Building of Aspen LLC for an expansion and remodel of the Boogie's Building which is at 534 East Cooper. The applicant is represented by Sunny Vann and Kim Weil of Poss Associates. The applicant is requesting 4 land use reviews to remodel this building; it is located within the Commercial Core and it previously received conceptual UPC and commercial design reviews. It was approved by UPC and went through the call-up process with City Council. Jessica said that City Council affirmed the decision through that call-up process. Jessica said the 4 reviews before you are 3 Growth Management reviews; 1 for the expansion of net leasable space, 2 is for a new free-market residential unit, 3 is affordable housing; P&Z is the final authority on all 3. The 4th review is a subdivision review and P&Z is the recommending body to Council. Jessica said the existing building is 2 stories and includes 10,379 square feet of net leasable space and 1 affordable housing unit that has 654 square feet of net livable space. Jessica noted a key part of this application is this unit was never acquired as affordable housing mitigation but rather a voluntary unit that the owner of the property wanted to provide so the existing deed restriction allows this unit to go away; so part of their proposal is to modernize the deed restriction and use that as mitigation for the proposal today. The proposal would expand the net leasable space by 292 square feet for a total of 10,671 square feet of net leasable space in the building. The expansion is on an existing 2nd floor deck; the applicant proposes to enlarge the affordable housing unit to 705 square feet of net livable area and update that mitigation and use it for this project. Jessica said that the applicant to proposing to add a 3rd story with a free-market residential unit just over 2300 square feet of net livable space. This was applied for in March of last year so it vested under a different code; that code allows 3 story buildings and new free- market residential units. Jessica said in terms of Growth Management the land use requires that affordable housing mitigation be provided for the largest requirement when it is provided on site; based on the expansion of the commercial space that generates .54 FTEs and the free-market unit would generate 1.73 FTEs based on the mitigation rates that are in the land use code. Jessica said that the planning staff and APCUA recommend that the affordable housing unit be accepted as mitigation for this project; it ensures that the existing unit remains within the rental pool in perpetuity. 3 P129 VII.a Regular City Planning & Zoning Meeting—Minutes April 16, 2013 If P&Z decides not to accept this unit as mitigation the applicant proposes to use affordable housing certificates. Jessica said in terms of Subdivision it is required because there are multiple residential units being proposed on the site and the mix in the vicinity as well as the commercial core. Staff is recommending approval of Subdivision and the Growth Management Reviews. Jasmine asked about the employee generation on site and how many will it house. Jessica replied 1.75 and the requirement is 1.73 so the size of the unit is slightly larger than what is required. Ryan asked if the affordable unit on site wasn't already on site would it be required to be deed restricted. Jessica replied it was just provided at the option of the owner as part of a redevelopment years ago. LJ asked what category was the employee unit and if they can't rent it will APCHA rent it. Jessica replied it was a category 3 and yes APCHA will rent it if they can't find a renter. Stan asked why on page 4 there were all the dimensional recommendations and we didn't have purview over it. Jessica said that until we get a subdivision review so this is a note that says the plans have been approved but we are not granting anything additional. Debbie said that she liked having them in because we recently had to make the final design was different from conceptual in certain respects and had been presented at least to Council if not P&Z in the amended form and nobody caught it and there wasn't any language such as this that says it was consistent. Debbie said there is always that possibility that someone will say oh but Council already looked at this and Debbie would rather have language like this. Stan said that should go back to HPC and it will go back to HPC for final and make sure it was in the resolution. Bert asked if the occupancy issue with the MotherLode has been resolved. Jessica replied that yes the resolution is written so the CO and the deed restriction for the affordable housing unit have to be in place before you can get a CO for the free- market component. LJ said reading page 7 under Section 2 Dimensions; the free-market residential unit is approved at 2,307 square feet. LJ asked how much is a Historic TDR; he said that he thought that it was 250. Jessica replied when they are landed they are 4 P130 VII.a Regular City Planning & Zoning Meeting —Minutes April 16, 2013 500 square feet so the and the size cap under this code is 2,000 but you don't get to sever a TDR so that it is partial. LJ asked about the chimney. Jessica stated the chimney was not approved from HPC conceptual design. Sunny Vann said the commercial expansion was to mainly remove the tented structure that covers portions of the outdoor deck so that is being cleaned up and will be part of the building. No public comments. Jim supported the project and thought it was a good improvement to the character of the downtown. Jasmine stated this application clearly follows the requirements of the code. MOTION: Jim DeFrancia moved to approve Resolution 10 series 2013 approving Growth Management Reviews and recommend Council approve a Subdivision Development of one Free-Market Residential Unit, one Affordable Housing Unit and 292 square feet of new Commercial Space for 534 East Cooper; Ryan Walterscheid seconded. Roll call vote: Stan Gibbs, yes; Keith Goode, yes; Bert Myrin, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 7-0. Public Hearing: 204 South Galena (former GAP) Growth Management & Subdivision LJ Erspamer opened the public hearing for 204 South Galena, the former Gap, and Growth Management Review. LJ asked if there was proof of legal notice. Debbie Quinn reviewed both notices. Justin Barker introduced himself as a planner for the City of Aspen. Justin said this is a 9,030 foot lot and is located in the Commercial Core District with a Historic District overlay; the project received final commercial design review from HPC in December and went back to HPC in February for an amendment to the final review. The request before you today the applicant is seeking Growth Management Allotments for 1700 square feet of new net leasable commercial for the second level and 4500 square feet for future net leasable commercial space. Justin said for the requirement for this area for every 1000 square feet of net leasable space for the ground level would be 4.1 employees; for the basement and the second floor spaces is reduced by 25% would be 3.05 employees for every 1000 square feet. Out of those FTEs they are required to mitigate for 60% of those to 3.14 for the second level and 8.3 for the basement so the total is 11.44 FTEs. 5 P131 VII.a P133 VII.a P134 VII.a P135 VII.a P136 VII.a P137 VII.a P138 VII.a P139 VII.a P140 VII.a P141 VII.a Page 1 of 3 MEMORANDUM TO: Mayor and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Justin Barker, Planner RE: 507 W. Gillespie Street - Establishment of Two (2) Transferable Development Rights, First Reading of Ordinance # 25__, Series of 2013, Second Reading is scheduled for July 8, 2013 MEETING DATE: June 24, 2013 SUMMARY: The subject property is a 5,086 square foot vacant lot. 507 W. Gillespie Street is a historic designated site that was originally a part of 515 W. Gillespie (the property to the west) and was created as part of a historic lot split in 2001. The house on 515 W. Gillespie was originally on 507 W. Gillespie and was relocated as part of the lot split. The property was originally created at 4,572 square feet, with an allowable FAR of 2,840 square feet. In March 2011, a lot line adjustment added square footage from the properties to the east, increasing the total lot area to 5,086 square feet. The established allowable FAR from the lot split was not changed by this lot size increase. The applicant requests City Council approval to establish two (2) historic Transferable Development Rights certificates for this property, reducing the allowable floor area for 507 W. Gillespie by 500 square feet. Council is the decision-making authority on the establishment of TDRs. APPLICANTS: John Rowland & Sarah Broughton. PARCEL ID: 2735-121-11-007. ADDRESS: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60. ZONING: R-6, Medium-density Residential. P143 VII.b Page 2 of 3 PRIOR APPROVALS: o Historic Preservation Commission (HPC) Approvals In 2001, HPC approved partial demolition, relocation of the existing house and a 500 square foot FAR bonus for 515 W. Gillespie. In 2007, HPC granted Final Major Development approval.1 On June 12, 2013, HPC granted Amendment to Final Major Development approval, reducing the approved FAR to 2,339 square feet. o City Council Approvals In 2001, City Council approved a historic landmark designation, floor area bonus and historic landmark lot split for the property.2 507 West Gillespie (Lot B) was established with an FAR of 2,840 square feet, prior to applicable lot area reductions. In 2010, City Council approved an extension of vested rights from HPC Resolution No. 35, Series of 2007 through September 9, 2013.3 STAFF EVALUATION: The purpose of a TDR is to encourage the preservation of Historic Landmarks within the City of Aspen by permitting those property owners to sever and convey, as a separate development right, undeveloped Floor Area to be developed on a different and non- historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor Area. The TDR program enables standard market forces, and the demand for floor area and increased unit sizes in specific zone districts, to accomplish a community goal of preserving Aspen’s heritage as reflected in its built environment. Funds that are gained from the sale of TDRs may be invested back into the landmark. The applicant requests approval from City Council to sever an additional 500 square feet of unbuilt Floor Area from the property in the form of two (2) TDR certificates. No previous TDRs have been established for this property. After the approved development order is acted upon, the resultant unbuilt FAR after the severance of two TDRs will be 2,340 square feet. The review criteria found in Exhibit A analyze the existing built development on the property against the maximum allowable floor area to determine the amount of unbuilt development that can be turned into TDRs. Development that already received approval is also analyzed as part of the review process for establishing TDRs.4 The property must be a local landmark, i.e. listed on Aspen’s Inventory of Historic Sites and Structures, to establish TDRs. 1 HPC Resolution 35, Series of 2007. 2 City Council Ordinance 20, Series of 2001. 3 City Council Resolution 88, Series of 2010. 4 See Exhibit A, criterion d. P144 VII.b Page 3 of 3 Floor Area Analysis for 507 W. Gillespie Avenue: Total allowable floor area for a 5,086 square foot lot single family residence in R-6 zone district [2,400 + (2,086/100*28)] = 2,984 square feet allowable floor area Total allowable floor area per Ordinance 20, Series of 2001 2,840 square feet allowable floor area for 507 W. Gillespie Avenue Available unbuilt floor area 2,840 square feet unbuilt floor area (vacant lot) Approved floor area per HPC Approval June 2013 2,399 square feet floor area approved Approve the establishment of 2 TDR certificates at 250 square feet each [2,840 – (250*2)] = 2,340 square feet remaining unbuilt floor area after severance of TDRs STAFF RECOMMENDATION: In reviewing the proposal, Staff finds that the project meets the applicable review criteria to Establish Transferable Development Rights and recommends approval of the two (2) TDR certificates. PROPOSED MOTION (All motions are worded in the affirmative): “I move to approve Ordinance No. _25__, Series of 2013, on First Reading.” CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Review Criteria Exhibit B – Application P145 VII.b 507 W. Gillespie Ordinance #_25_, Series of 2013 Page 1 of 3 ORDINANCE #_25_ (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING TWO (2) TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 507 W. GILLESPIE STREET, LOT B, GILLESPIE HISTORIC PARTNERS, LLC LOT LINE ADJUSTMENT PLAT, RECORDED MARCH 29, 2011 IN PLAT BOOK 96 AT PAGE 60. PARCEL ID #:2735-121-11-007 WHEREAS, the Community Development Department received an application from John Rowland and Sarah Broughton, requesting the establishment of two (2) Historic Transferable Development Right Certificates for the property located at 507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60; and WHEREAS, the subject property is zoned Medium-density Residential (R-6) and is currently a vacant lot; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, Justin Barker, Planner, in his staff report to City Council, performed an analysis of the application, found that the review standards for Transferable Development Rights are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Transferable Development Rights Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant two (2) Transferable Development Rights for 507 West Gillespie Street, with the following conditions: P147 VII.b 507 W. Gillespie Ordinance #_25_, Series of 2013 Page 2 of 3 Upon satisfaction of all requirements, the city and the applicant shall establish a date on which the respective Historic TDR Certificates shall be validated and issued by the City and a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder. 1. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver the applicable number of Historic TDR Certificates to the property owner and the property owner shall execute and deliver a deed restriction lessening the available development right of the Sending Site (507 West Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60) by an additional 500 square feet together with the appropriate fee for recording the deed restriction with the Pitkin County Clerk and Recorder’s Office. Section 2: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the P148 VII.b 507 W. Gillespie Ordinance #_25_, Series of 2013 Page 3 of 3 following described property: 507 W. Gillespie Street, Lot B, Gillespie Historic Partners, LLC Lot Line Adjustment Plat, recorded March 29, 2011 in Plat Book 96 at Page 60. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 8th day of July, 2013, 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 24th day of June, 2013. _______________________ Steve Skadron, Mayor ATTEST: _____________________________ Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this ___ day of ____, 2013. _______________________ Steve Skadron, Mayor ATTEST: _______________________ Kathryn Koch, City Clerk APPROVED AS TO FORM: __________________________ Jim True, City Attorney P149 VII.b Exhibit A 507 W. Gillespie Page 1 of 3 EXHIBIT A Section 26.535.070 Review Criteria for Establishment of Historic Transferable Development Right. A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: a) The Sending Site is a Historic Landmark or property identified on the AspenModern Map, on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710. Properties on which such development is a conditional use shall not be eligible. Staff Finding: The proposed 5,086 square foot sending site is located within the Medium-density Residential (R-6) zone district, which allows residential single-family use. The sending site is a designated Historic Landmark, listed on the Aspen Inventory of Historic Landmark Sites and Structures and is a vacant lot. Staff finds this criterion to be met. b) It is demonstrated that the Sending Site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two-hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates requested. Staff Finding: The subject property has a total allowable FAR of 2,840 square feet per Ordinance No. 20, Series of 2001. The lot is vacant, leaving all 2,840 square feet of floor area unbuilt on the site. Staff finds this criterion to be met. c) It is demonstrated that the establishment of TDR Certificates will not create a nonconformity. In cases where nonconformity already exists, the action shall not increase the specific nonconformity. Staff Finding: The establishment of two TDRs will not create or increase a non- conformity. Staff finds this criterion to be met. d) The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the Sending Site to gain Floor Area bonuses, exemptions, or similar potential development incentives. Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing condition of the property and 2) approved development. P151 VII.b Exhibit A 507 W. Gillespie Page 2 of 3 Analysis of actual built development: There is currently no development that exists on the lot. Per Ordinance No. 20, Series of 2001, the lot currently has an allowable floor area of 2,840 remaining to develop. Analysis of approved development: The development proposal that was approved in 2007 received an extension of vested rights per City Council Resolution No. 88, Series of 2010 lasting through September 9, 2013. The floor area of this approval was 2,760 square feet. The development proposal received an Amendment to Final Major Development approval from HPC on June 12, 2013. The new approved floor area is 2,339 square feet. Severing two (2) TDRs from the site will leave 2,340 square feet of allowable floor area. Staff finds this criterion to be met. e) Any development order to develop Floor Area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding: The development order for the approval from 2007 has been amended to reduce the floor area to 2,339. This would be within the limitations of the property after establishment of two TDR Certificates. Staff finds this criterion to be met. f) The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The applicant clearly states an understanding of this standard (f) in the application. Staff finds this criterion to be met. g) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Finding: The application demonstrates a clear understanding of the requirements of section (g). Staff finds this criterion to be met. P152 VII.b Exhibit A 507 W. Gillespie Page 3 of 3 h) It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Finding: There is currently no built floor area on the property as it is a vacant lot. Staff finds this criterion to be met. i) The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates 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 transferable development right certificate void. Staff Finding: The application demonstrates a clear understanding of the requirements of section (i). Staff finds this criterion to be met. P153 VII.b P155 VII.b P156 VII.b P157 VII.b P158 VII.b P159 VII.b P160 VII.b P161 VII.b P162 VII.b P163 VII.b P164 VII.b P165 VII.b P166 VII.b P167 VII.b P168 VII.b P169 VII.b P170 VII.b P171 VII.b P172 VII.b P173 VII.b P174 VII.b P175 VII.b P176 VII.b P177 VII.b P178 VII.b P179 VII.b P180 VII.b P181 VII.b P182 VII.b P183 VII.b P184 VII.b P185 VII.b P186 VII.b P187 VII.b P188 VII.b MEMORANDUM TO: Mayor and City Council THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Deputy Planning Director RE: South Aspen Street Subdivision/PUD – Amendment to existing approvals, 2nd Reading of Ordinance No. 23 (Series of 2013), Public Hearing MEETING DATE: June 24, 2013 OVERVIEW: At first reading of Ordinance No. 23, the public hearing date was set for June 24th with the understanding that the hearing is to be continued to July 8th so that a five member council can hear the application. RECOMMENDATION: Staff recommends that the hearing on Ordinance No. 23 be continued to July 8th. PROPOSED MOTION: “I move to continue the hearing on Ordinance No. 23, S. Aspen Street Subdivision/PUD to July 8th. CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ P189 VIII.a 6.24.2013 – PUD and SPA Policy Direction Page 1 of 5 MEMORANDUM TO: Mayor and City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: Policy Resolution: PUD and SPA Code Amendments Resolution 66, Series of 2013 MEETING DATE: June 24, 2013 SUMMARY: The attached Resolution outlines Council policy direction for code amendments related to the Planned Unit Development (PUD) and Specially Planned Area (SPA) Chapters of the Land Use Code. The objective of the proposed code amendments is to update the section to provide greater predictability in the review process, and ensure the review criteria reflect current engineering, architecture, and infrastructure standards. If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends the PUD and SPA code sections. This memo and resolution summarize the policy direction received to date related to the PUD and SPA Chapters of the Land Use Code. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Planned Unit Development (PUD) and Specially Planned Area (SPA) Chapters 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: Staff received direction from City Council in March to process a code amendment related to the Planned Unit Development (PUD) and Specially Planned Area (SPA) portions of the land use code. These chapters allow variations to the allowed uses (SPA) and dimensions (PUD) on a project specific basis. They are similar processes, requiring an individual project to demonstrate that a variation from uses or dimensions in the underlying zone district provides a benefit to the community and results in a desirable development pattern. These sections have not been updated in many years and an update to ensure the chapters reflect up to date standards is desirable. P191 VIII.b 6.24.2013 – PUD and SPA Policy Direction Page 2 of 5 CURRENT REGULATIONS: The current PUD regulations allow a property of 27,000 square feet or more to apply for and be reviewed as a PUD. This lot size requirement may be waived if “the development of the property may have the ability to further the adopted goals of the community” and if the provisions of the PUD process “will best serve the interests of the community.” The current SPA regulations allow any property looking to vary the underlying allowed uses if “because of its unique historic, natural, physical or locational characteristics, it would be of great public benefit to the City for that land to be allowed design flexibility…” No lot size requirement exists. For both PUD and SPA, a four-step review process is currently in place: Conceptual Review by P&Z and then City Council, and Final Review by P&Z and then City Council. P&Z is a recommending body to City Council. The process can be consolidated to a two-step review process (just Final Reviews) if the issues involved are minor or the full review would be redundant. An applicant can request an amendment to an approved PUD or SPA. For PUD and SPA, there are Insubstantial Amendments, reviewed administratively, and Major Amendments, reviewed by City Council. For PUDs, a third level amendment, Minor Amendments, are allowed which are reviewed by P&Z. This “intermediate” level of amendment is not in place for SPAs. STAFF COMMENTS: Staff believes many of the review standards should be updated to reflect modern concerns related to engineering issues, environmentally sensitive areas, utilities, etc. In addition, staff believes examining the landscaping and architectural character requirements to ensure they are meeting today’s needs could be beneficial. One of the common criticisms from members of the community and applicants is the nature of Conceptual and Final Reviews. Conceptual currently does not lock an applicant or the City into anything, and effectively lengthens a review proves by one to two years, creating unpredictability for everyone. Staff supports changing the review process to be clearer and more predictable and has identified three (3) potential options for City Council to consider. 1. Amend the process so the Conceptual review is binding. The applicant would receive an Ordinance from City Council at the end of Conceptual. All dimensions would be established as part of the Ordinance. Final Review would be done by P&Z to ensure the project meets the conditions and to finalize any outstanding issues, such as exact utility locations or exact building materials. Alternatively, the Final Review could be completed administratively if it is limited to ensuring compliance with all conditions of the Council Conceptual approval. If an applicant wanted to amend any dimensional requirements they would have to return to City Council for approval. 2. Amend the process so the Conceptual review is binding. The process would be the same as outlined above, with the exception of varying dimensions. Under this option if an applicant wanted to amend their height or floor area dimensions or their approved uses they would have to return to City Council for approval. All other dimensional changes, such as setbacks, could be approved by P&Z as part of the Final Review. This process is P192 VIII.b 6.24.2013 – PUD and SPA Policy Direction Page 3 of 5 similar to the current Conceptual and Final Commercial Design Review process. This is staff’s recommended option. 3. Amend the process to be only two (2) steps. Under this option “conceptual” review would be a P&Z review and would be a recommendation to City Council. The “final” review would be a Council level review, as it is today. The difference is this become a 2 step process rather than a 4 step process. In addition, staff supports three (3) amendment levels for both PUD and SPA – “insubstantial amendments” reviewed administratively (same as today), “minor amendments” reviewed by the P&Z (exists today for PUD, would be new for SPA), and “major amendments” reviewed by City Council (same as today). Finally, because PUD and SPA are similar reviews, staff believes there is benefit to combining these into one land use chapter and review process. SPA currently allows changes to both dimensions and uses, while PUD allows changes to dimensions. Under a combined Chapter, there would be separate review criteria for changes to allowed dimensions and changes to allowed uses. Staff believes the ability to vary dimensions and uses through the SPA and PUD processes is important to retain in any code change. The intent of both processes is to address site specific opportunities and constraints, and enable flexible and innovating planning solutions that support community goals. These are discretionary reviews, so City Council already has the ability to approve, amend, or deny any dimensional or use variation requests. P&Z COMMENTS: Staff met with the P&Z in March to review potential changes to the PUD and SPA chapters. Overall, the P&Z supported the idea that Conceptual PUD and SPA reviews should have more meaning. Under the current system, Conceptual Review does not technically lock a developer into a specific development program or massing – it only enables them to apply for Final Review. There was some frustration that under the current system projects can change dramatically between Conceptual and Final, which creates uncertainty for everyone involved in the review process. The Commission felt that making certain aspects of the Conceptual reviews binding, such as massing, height, building placement, lot locations, parking, and general use mix, would mean the community, staff, and review bodies would not be “surprised” at Final. The Commission felt that creating clearer Conceptual review criteria would assist in focusing on these issues, and would be an improvement to the current process. There were mixed opinions regarding how the review process for Final PUD and SPA should be amended. Some members supported staff’s idea that Conceptual Review be approved by City Council Ordinance after considering a recommendation from P&Z, and then Final Review (to work out final detail) be approved by P&Z. These members liked that this would lock a developer, and the City, in to a specific building massing, use mix, etc at the Conceptual PUD and SPA, then the Final review would only be focused on detail work, such as exactly where utility lines are located, what final materials are used, etc. P193 VIII.b 6.24.2013 – PUD and SPA Policy Direction Page 4 of 5 Some Commissioners felt that certain projects are so complex or large that the full four-step review process that is used today should remain in place. The Commission suggested that certain thresholds could be set to determine if a PUD or SPA goes through the current four-step review with P&Z and Council review at both Conceptual and Final. This could be based on the size of the project, or the amount it is deviating from the underlying zoning. There were some concerns from the Commission that there is too much negotiation in the PUD and SPA processes, and that streamlining the processes could exacerbate that. For this reason, they felt strongly that PUDs and SPAs should rely more on underlying zoning than they do today. There was some disagreement on exactly how that would work, but the Commission strongly supported exploring ways to limit dimensional variations in the PUD and SPA processes. In addition, the Commission expressed concerns that PUDs are permitted on lots of less than 27,000 square feet, and would like to see some examination of limiting the ability for smaller lots to request a PUD. The P&Z supported staff’s recommendation to create an “intermediate” SPA amendment review with P&Z, which would mirror the current PUD process. The Commission agreed that all SPA and PUD Amendments need clearer, more straightforward review criteria. One general criterion the Commission supported as an addition to the general PUD and SPA review criteria was to encourage site planning and the layout of roofs to encourage solar gain. The Commission expressed concern that dramatically changing the PUD and SPA processes could catch the community off-guard, and stressed the importance of communicating potential code amendments to the community. The Commission also asked staff to examine if a change in the PUD process would impact the referendum process for projects. PUBLIC OUTREACH: Staff met with a group of private planners and architects prior to the meeting with P&Z to get their feedback on the PUD and SPA processes and potential code amendments. The group felt that the current four step SPA and PUD processes are unpredictable and that applicants are often surprised during Final reviews when issues they thought were resolved at Conceptual are brought up again during Final. The group strongly supported the idea that Conceptual PUD and SPA reviews should be binding. They supported the process changing to a three step process – a binding Conceptual approval by Council after considering a recommendation from P&Z, and final review for details at the P&Z level (staff’s recommended option listed above). The Conceptual review would outline the allowed heights, massing, uses, etc and lock an applicant into those elements. If the Conceptual Review is changed to be more meaningful, the group stated the time period to apply for Final Review would need to be increased beyond the year that is currently in the code. This would enable them to better work out the final details. The group felt strongly that it is important the SPA and PUD process continue to allow a development to vary from underlying uses and dimensions, as there are site specific issues that generally result in the need to request a PUD or SPA. Finally, the group stated the review criteria for PUD needs to be consolidated and updated. STAFF RECOMMENDATION: Staff recommends adoption of the attached Policy Resolution. P194 VIII.b 6.24.2013 – PUD and SPA Policy Direction Page 5 of 5 RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): “I move to approve Resolution No. ___, Series of 2013, approving a Policy Resolution outlining direction for code amendments related to the PUD and SPA Chapters in the Land Use Code.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Staff Findings P195 VIII.b Resolution No __, Series 2013 Page 1 of 2 RESOLUTION N0. 66, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING CODE AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT (PUD) AND SPECIALLY PLANNED AREA (SPA) CHAPTERS IN 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 PUD and SPA Chapters in the Land Use Code; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with City Council regarding the code amendment; and, WHEREAS, the Community Development Director recommended changes to the PUD and SPA Chapters in 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, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on January 28, 2013, the City Council approved Resolution No. __, Series of 2013, by a ____ to ____ (__ – __) vote, requesting code amendments to the PUD and SPA Chapters in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction The objective of the proposed code amendments is to update the PUD and SPA Chapters in the Land Use Code to ensure a more predictable process. City Council provided the following direction related to the code amendment: • Update and consolidate review standards where possible to eliminate redundancies and provide greater clarity. • Establish three (3) levels of amendment process for PUD and SPA: Administrative, P&Z only, City Council only. P197 VIII.b Resolution No __, Series 2013 Page 2 of 2 • Amend PUD and SPA to a three (3) step process where Conceptual Review is binding through a City Council Ordinance: o Step 1: P&Z review of Conceptual, recommendation to City Council. o Step 2: City Council review of Conceptual, approval by Ordinance that establishes all dimensional and use requirements. o Step 3: P&Z review of Final, approval of final details (ex: exact utility line placement, building materials, etc) by Resolution. Any changes to height or floor area dimensions or uses variations established in the Council Conceptual Ordinance would require City Council review and approval. Any other dimensional changes could be approved as part of P&Z’s final review. • Combine PUD and SPA into one chapter. Section 2: 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 3: 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 __th day of ____ 2013. _______________________________ Steve Skadron, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ Kathryn S. Koch, City Clerk James R True, City Attorney P198 VIII.b 1.28.2013 – Employee Generation Policy Direction; Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review – Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two – Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the code to create a clearer, more predictable PUD and SPA process. In addition, the review criteria for both are redundant and have not been updated in at least ten (10) years. Staff believes it is important to ensure the review criteria are updated to reflect modern considerations related to environmentally sensitive areas, engineering issues, as well as design and site planning. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: Earlier this year, City Council identified a number of work program priorities for Community Development. Updating the PUD and SPA Chapters to the Land Use Code was one of those. Council expressed interest in creating a more predictable process for these reviews, as is called for in the 2012 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 amendment is to ensure a predictable and fair review of land use applications. Staff finds this criterion to be met. P199 VIII.b Subdivision Policy Direction Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Chris Bendon, Community Development Director RE: Policy Resolution: Subdivision Code Amendments Resolution 67, Series of 2013 MEETING DATE: June 24, 2013 SUMMARY: The attached Resolution outlines Council policy direction for amendments to the Subdivision regulations of the City. The objectives of the code amendment is to substantially overhaul the subdivision regulations tailoring processes and requirements to be reflective of today’s development conditions, to create a new chapter specifying requirements for recordation documents, and to assemble engineering requirements into a new section of the municipal code. If the Policy Resolution is approved, staff will bring an Ordinance to City Council that amends the subdivision regulations. STAFF RECOMMENDATION: Staff recommends approval of the proposed resolution. LAND USE REQUESTS AND REVIEW PROCEDURES: This meeting is to review potential changes to the Subdivision regulations of the City. 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 City’s Subdivision regulations have not been overhauled since 1988. The character of development requests and the needs of the City have changed significantly since then and staff is proposing a substantial overhaul of the subdivision regulations to reflect modern expectations. Many projects are currently subject to a full subdivision review, even if they are not physically dividing property. For instance, downtown buildings that divide a building into individual ownership interests are subject to a review with P&Z and City Council, in the same way that a large subdivision where land is physically divided does. With the recent advent (past ~5 years) of Commercial Design review and the Council call-up procedures, subdivision reviews for downtown projects, where no lot lines are changing, are significantly redundant. P201 VIII.c Subdivision Policy Direction Page 2 of 3 Staff believes many of the subdivision review processes and review standards should be updated to reflect modern concerns related to engineering issues, environmentally sensitive areas, utilities, drainage, etc. Engineering requirements for new development are currently scattered throughout the land use code and municipal code. This assemblage includes many out-of-date requirements and conflicts between various sections. Staff of the Community Development and Engineering Departments believe the engineering requirements for new development should be grouped together in one section of the municipal code. This will likely be a new Title of the municipal code and replace the current assortment. One of the common criticisms from members of the community and applicants is that all forms of “subdivision” are reviewed by City Council, including actions that do not appear to be a subdivision. There is a significant difference between an actual subdivision of land, such as Burlingame Ranch, and the addition of a residence within a mixed-use building. Currently both of these actions are treated equally, subject to the same process and criteria. Staff believes this is due to the term “subdivision” being defined too broadly – essentially capturing everything. Tailoring the City’s process and requirements more closely to the character of the development activity will simplify many reviews. Staff believes a process and standards for vacating or amending public rights-of-way is needed. The City does not have a codified process now and relies on a combination of State Statute and administrative policy to consider these requests. The City has multiple code sections defining requirements for plats, plans, and development agreements – all with different requirements. Staff is proposing a new Chapter of the Land Use Code defining all development documents associated with development, including standardizing the City’s bonding requirements for public improvements. This will also be an opportunity to better define the level of detail needed for each type of document to be recorded. P&Z COMMENTS: The Commission had a number of comments related to subdivision, with a particular focus on simplifying the process. The Commission supported the idea of creating different tiers of subdivision reviews. For example, large subdivisions that actually divide land into new lots, like Burlingame, would go through the current Subdivision process with reviews by P&Z and Council, while a project that divides a single building into multiple ownership interests, like a downtown mixed-use building, would through an administrative review such as condominiumization. The P&Z felt that downtown buildings are subject to an extensive design reviews and growth management reviews, where the massing and use issues are addressed, and that the subdivision review creates confusion for all involved because it re-addresses issues that have been previously approved. The Commission expressed a desire that the City use the Commercial Design Review process more effectively to address any issues or concerns related to massing, heights, building placements, materials, landscaping, etc. The Commission also expressed a desire to have clearer review criteria for all levels of subdivision reviews. There were also some comments related to encouraging a landscape buffer P202 VIII.c Subdivision Policy Direction Page 3 of 3 between the sidewalk and street, particularly for downtown projects. The Commission supported creating clear standards for this throughout town. PUBLIC OUTREACH / PRIVATE PLANNER COMMENTS: Staff met with a group of private planners and architects prior to the meeting with P&Z. That group provided detailed comments on potential code amendments to Subdivision. The group had similar comments regarding Subdivision as the P&Z did. In fact, changing the subdivision process was their top priority for this round of code amendments. The group strongly supported the creation of different tiers of subdivision review. In particular, projects where a single building is divided into different ownership interested and actual land is not being divided should only be required to go through an administrative condominiumization process. They felt the Commercial Design review process addresses the issues raised at Subdivision reviews, and that using the Commercial Design process to evaluate mass and scale of buildings is more appropriate and predictable. Finally, the group stated that one of the tiers of review should allow property boundary changes and exchanges between properties when property owners agree to it. Today, the only property boundary changes allowed are those to correct surveying errors. 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. 67, Series of 2013, approving a Policy Resolution regarding subdivision code amendments.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Staff Findings P203 VIII.c Resolution No __, Series 2013 Page 1 of 2 RESOLUTION N0. 67, (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING AMENDMENTS TO SUBDIVISION REGULATIONS OF THE LAND USE CODE. WHEREAS, pursuant to Section 26.310.020(A), the Community Development Department received direction from City Council to explore amendments to the City’s subdivision regulations; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach with the Planning and Zoning Commission and local architects and planners; and, WHEREAS, the Community Development Director recommended changes to the subdivision regulations in 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, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on June 24, 2013, the City Council approved Resolution No. __, Series of 2013, by a ____ to ____ (__ – __) vote, requesting code amendments to the subdivision regulations in the Land Use Code; and, WHEREAS, this Resolution does not amend the Land Use Code, but provides direction to staff for amending the Land Use Code; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Code Amendment Objective and Direction The objective of the proposed code amendments is to update the subdivision regulations in the Land Use Code. City Council provided the following direction related to the code amendment: • Overhaul the subdivision regulations to reflect modern expectations for process and approval criteria. • Create different processes and criteria depending on the extent of development activity. In particular, reduce the review process required for development that does not alter lot lines. P205 VIII.c Resolution No __, Series 2013 Page 2 of 2 • Consolidate Engineering requirements found in the land use code and other portions of the municipal code together in one new section of the municipal code. • Codify a process and standards for vacating or amending public rights-of-way. • Codify requirements for plats, plans, and development agreements as required by various processes in the land use code, including standardizing the City’s public improvement surety requirements. Define the level of detail needed for each type of document to be recorded. Section 2: 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 3: 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 __th day of ____ 2013. _______________________________ Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ Kathryn S. Koch, City Clerk James R True, City Attorney P206 VIII.c Subdivision Policy Direction; Exhibit A Page 1 of 1 Exhibit A: Staff Findings 26.310.040. Amendments to the Land Use Code standards of review – Initiation In reviewing a request to pursue an amendment to the text of this Title, per Section 26.310.020(B)(2), Step Two – Public Hearing before City Council, the City Council shall consider: A. Whether there exists a community interest to pursue the amendment. Staff Findings: Staff believes there is a community interest in updating the subdivision code to better reflect modern expectations for approval criteria and processes. This item was recently identified as the first priority by common customers (local architects and planners). The subdivision regulations have not been amended since 1988, while other sections of the code have been updated to meet current expectations and community values. Staff finds this criterion to be met. B. Whether the objectives of the proposed amendment furthers an adopted policy, community goal, or objective of the City including, but not limited to, those stated in the Aspen Area Community Plan. Staff Findings: Earlier this year, after adopting the AACP, City Council identified a number of work program priorities for Community Development. Updating the subdivision requirements in the Land Use Code was one of those. 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 the processes and criteria for various subdivision actions reflect the community expectations and values. The current code applies the same criteria to an actual subdivision (Burlingame Ranch) and a development which does not alter lot lines (the addition of a residence in a downtown building). Modernizing the processes and criteria specific to the types of development activity occurring today and that are expected to occur over the next 5-10 years is significantly in the public interest. Staff finds this criterion to be met. P207 VIII.c 1 MEMORANDUM TO: Mayor and City Council THRU: Chris Bendon, Community Development Director FROM: Justin Barker, Planner RE: Aspen Historical Society – Temporary Use Requests MEETING DATE: June 24, 2013 SUMMARY: Applicant requests City Council approve a temporary use request to erect a tipi on the property located at 620 W. Bleeker St. and place a banner on the property located at 420 E. Hopkins Ave. City Council may approve a temporary use up to 180 days and a seasonal use up to 10 recurring years. APPLICANT: Aspen Historical Society. PARCEL IDS: 2735-124-31-801 & 2737-073-30-851. ADDRESSES: 620 W. Bleeker Street, Block 23, including the platted alley, City and Townsite of Aspen, Colorado, except Lots H and I in said Block 23, and without warranty as to said alley & 420 E. Hopkins Avenue, Block 87, Lots O, P, Q, and R, City and Townsite of Aspen, Colorado ZONING: 620 W. Bleeker is Medium-density Residential (R-6); 420 E. Hopkins is Public (PUB). LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council: Temporary and Seasonal Uses: Temporary uses may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves the temporary 620 W. Bleeker St. Locator Map 420 E. Hopkins Ave. Locator Map P209 VIII.d 2 use, unless a shorter period is specified in the approval. For seasonal uses, the City Council shall determine the maximum number of annual recurrences, which shall not exceed ten (10) years. BACKGROUND: The Applicant is requesting two temporary use permits: 1. To erect a tipi on the Aspen Historical Society property located at 620 W. Bleeker St. 2. To place a banner on the Aspen Firehouse located at 420 E. Hopkins Ave. The Aspen Historical Society would like to use the tipi as an educational tool to enhance their current exhibit about the Ute residents of the valley. The applicant intends to keep the tipi up from mid-June to mid-October for the next two (2) years. In 2015, the tipi will be moved to a more permanent location at Ashcroft. The tipi is 22’ in diameter and 26’ tall at the peak. The material will be plain canvass and is fire retardant. The applicant proposes to place the tipi in the northwest corner of the property, near the intersection of Hallam and 6th. The location on-site is chosen to provide the maximum non- urban feel for the users with the least impact on the surrounding properties. The applicant has stated that the tipi will not be used overnight. The applicant is also requesting, for a separate exhibit, to place a banner on the Aspen Firehouse. This exhibit has already started and will last through July 10. The Community Development Department has granted an administrative approval for this banner until the time of Council hearing. The banner is approximately 25 square feet in size and is currently located on the balcony above the entrance to the Aspen Volunteer Fire Department Museum. STAFF EVALUATION: Staff has reviewed the application and finds the request to be reasonable for both temporary uses. Both temporary uses are intended to accompany educational exhibits that are provided by the Aspen Historical Society. Tipi - The proposed tipi is taller at the peak than the allowable height for the zone district but would be measured in the same manner as a sloped roof due to the shape, and would be in compliance. The tipi will help promote community involvement and cultural awareness that would be positive for the area, and would not negatively affect the surrounding roads or properties. View of tipi location from Hallam Street (behind fence) View of tipi location from 6th Street (behind fence) P210 VIII.d 3 Staff finds the request to maintain the temporary use for the next two (2) summers to be an acceptable amount of time. Council may decide how many years to grant a seasonal use up to ten (10) recurrences. The applicant is required to obtain a tent permit from the Aspen Fire Marshal once the tipi is built. Banner - Temporary banners do not require a permit per Section 26.510.140, regarding signage on public property. This banner requires Council approval, as banners can only be maintained for a period of fourteen (14) days. The banner is otherwise in compliance with all regulations necessary for approval. The banner has been up under administrative approval since the start of the exhibit. Staff finds that allowing the banner for an additional 16 days, until the end of the exhibit, is a reasonable duration of time. STAFF RECOMMENDATION: Staff recommends that the City Council APPROVE with conditions the Applicant’s request to erect a tipi at 620 W. Bleeker St. as a seasonal use for two (2) years, for a period not to exceed 150 days, beginning from June 1 – November 1, and to maintain an informational banner at 420 E. Hopkins Ave. as a temporary use for 16 days, ending on July 10, 2013. RECOMMENDED MOTION (All motions are worded in the affirmative): “I move to approve Resolution No. _68___, Series of 2013 approving temporary uses for a tipi at 620 W. Bleeker St. and a banner at 420 E. Hopkins Ave.” CITY MANAGER COMMENTS: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ATTACHMENTS: Exhibit A – Review Criteria Exhibit B – Application Location of banner on firehouse P211 VIII.d AHS - Temporary Use Resolution #_68_, Series of 2013 Page 1 of 2 Resolution No. _68_ (SERIES OF 2013) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING TEMPORARY USES TO ERECT A TIPI AT 620 W. BLEEKER STREET, LEGALLY DESCRIBED AS BLOCK 23, INCLUDING THE PLATTED ALLEY, CITY AND TOWNSITE OF ASPEN, COLORADO, EXCEPT LOTS H AND I IN SAID BLOCK 23, AND WITHOUT WARRANTY AS TO SAID ALLEY; AND MAINTAIN A BANNER AT 420 E. HOPKINS AVENUE, LEGALLY DESCRIBED AS BLOCK 87, LOTS O, P, Q, AND R, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID #s: 2735-124-31-801 AND 2737-073-30-851 WHEREAS, the Community Development Department received an application from the Aspen Historical Society, requesting Temporary Use approvals to permit the erection of a tipi on the property located at 620 W. Bleeker Street, and to maintain a banner on the property located at 420 E. Hopkins Avenue; and, WHEREAS, the Community Development Director reviewed the application and considered the Temporary Use proposals under the applicable provisions of the Municipal Code as identified herein, and found the application to be consistent with the requirements of the Code; and, WHEREAS, the City Council reviewed the application and considered the Temporary Use proposals under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City Council finds that the temporary use proposals meet or exceed all applicable development standards associated with the request; and, WHEREAS, the City Council grants approval of the Temporary Use requests as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to permit the erection of a tipi on the property located at 620 W. Bleeker Street, for a period not to exceed 150 days, from June 1 – October 1, on an annual basis for the years 2013 and 2014. A tent permit must be obtained from the Aspen Fire Marshal once the tipi has been completely built. P213 VIII.d AHS - Temporary Use Resolution #_68_, Series of 2013 Page 2 of 2 Section 2: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to maintain a banner on the property located at 420 E. Hopkins Avenue, for a period not to exceed 16 days, beginning June 25, 2013. Section 3: All material representations and commitments made by the Applicant pursuant to the temporary use proposals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the City Council of the City of Aspen on this ____ day of ____, 2013. ___________________________________ Steve Skadron, Mayor Attest: ___________________________ Kathryn Koch, City Clerk Approved as to form: ___________________________ James True, City Attorney P214 VIII.d Exhibit A AHS - Temporary Use Page 1 of 2 EXHIBIT A 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Finding - tipi: The tipi will be located on the northwest portion of the property toward the intersection of 6th and Hallam. The tipi is 22’ in diameter and 26’ tall. The material is plain canvas. The tipi will be used as a teaching tool to enhance an existing exhibit in the museum. The property is fairly large and the visual impact will not be dramatic as much of the property is screened by trees during the summer months. Staff finds this criterion to be met. Staff Finding - banner: The banner is located on the balcony above the entrance to the Aspen Volunteer Fire Department Museum facing Hyman Avenue. The size is approximately 25 square feet, well below the allowed 50 square feet. The design meets the requirements for content of signs on public property. The purpose of the sign is to inform patrons of the exhibit that is occurring in the museum. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding - tipi: The property is generally surrounded by single-family homes on 6,000 square foot lots. Even with the addition of a tipi, there will still be less density on the property than surrounding lots. Given the nature and purpose of the lot, the use of a tipi on site is appropriate for the area. Staff finds this criterion to be met. Staff Finding - banner: The banner is located within a predominately commercial area with civic uses nearby. Most of the buildings are 2-3 stories tall with some residential on the upper floors. Special events are not uncommon around this area and identifying signage can be appropriate for a reasonable amount of time. Staff finds this criterion to be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Finding - tipi: Vehicular traffic and municipal services will not be affected by the proposed tipi. Pedestrian traffic will only increase internally on the lot as patrons travel between the museum and the tipi. The noise level may minimally increase due to an increase in patrons around the tipi, but would not have a dramatic impact. Neighborhood character will not be negatively affected by what is considered a cultural element of the region. Staff finds this criterion to be met. Staff Finding - banner: The banner itself will have no effect on the pedestrian or vehicular traffic, municipal services or noise level. The banner helps promote an exhibit for the community and the neighborhood character is not negatively affected by the banner. Staff finds this criterion to be met. P215 VIII.d Exhibit A AHS - Temporary Use Page 2 of 2 D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Finding - tipi: The applicant requests to maintain the tipi from mid-June through mid- October for the next two years. There have been no previous approvals for this structure. Staff Finding- banner: The applicant requests to use the banner through the end of the exhibit, which is July 10. The Community Development Department has already provided an administrative approval for the banner up until the time of the City Council hearing. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding - tipi: The property is located within the Medium-Density Residential (R-6) zone district. The purpose of this district is to provide areas for long-term residential purposes, short term vacation rentals, and customary accessory uses. Arts, cultural and civic uses are conditional uses but are customarily found in proximity to residential uses. Staff finds this criterion to be met. Staff Finding - banner: The property is located within the Public (PUB) zone district. The purpose of this district is to provide for the development of governmental, quasi-governmental and nonprofit facilities for cultural, educational, civic and other nonprofit purposes. The Aspen Historical Society is a nonprofit organization that is providing an educational exhibit on the property. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Finding - tipi: The West End has predominately always been a residential area and the Aspen Historical Society has been on this property for several decades. Staff does not find that the tipi will have a significant impact on the area or zone district for the two summers it is intended. Staff finds this criterion to be met. Staff Finding - banner: The property is mostly surrounded by the Commercial Core which is intended to promote a variety of uses and events to maintain a vibrant community. The banner is a passive use that does not have a significant effect on the area, and is purely intended to promote an educational exhibit to the community. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Finding - tipi: The tipi will help to educate residents and visitors alike about the Ute residents of the valley. There will be no diminishing effects on the general public health, safety or welfare. Staff finds this criterion to be met. Staff Finding - banner: The banner will have no negative effect on the general public health, safety or welfare. Staff finds this criterion to be met. P216 VIII.d P217 VIII.d P218 VIII.d P219 VIII.d P220 VIII.d P221 VIII.d P222 VIII.d P223 VIII.d P224 VIII.d P225 VIII.d P226 VIII.d P227 VIII.d P228 VIII.d P229 VIII.d P230 VIII.d P231 VIII.d P232 VIII.d P233 VIII.d P234 VIII.d P235 VIII.d P236 VIII.d P237 VIII.d P238 VIII.d P239 VIII.d P240 VIII.d P241 VIII.d P242 VIII.d P243 VIII.d P244 VIII.d P245 VIII.d P246 VIII.d P247 VIII.d P248 VIII.d P249 VIII.d P250 VIII.d P251 VIII.d P2 5 3 VI I I . d P2 5 4 VI I I . d P2 5 5 VI I I . d EXECUTIVE SESSION Date June 24, 2013 Call to order at: I. Councilmembers present: Councilmembers not present: 'ElA— nn Mullins ❑ Ann Mullins teve Skadron ❑ Steve Skadron D--Adam Frisch ❑ Art Daily El Adam Frisch ❑ Art Daily II. Motion to go into executive session by .1- ; seconded b y Other persons present: FOR: AGAINST: nn Mullins ❑Ann Mullins _aSteve Skadron ❑ Steve Skadron am Frisch ❑ Adam Frisch ❑Art Daily ❑ ❑Art Daily III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.s. 24-6-402(4) (a)The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. (c) Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; (e)Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney-cli communication: 0 The undersigned chair of the executive session attests that the discussions i is,e ec iu ses io we e limited to the topic(s)described in Section III, above. Adjourned at: 7-)