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HomeMy WebLinkAboutlanduse case.boa.620 E Hyman.010-84 .~.,.-:. :'..~-:"'-.-'. ....d.-'.: .:. .....'1' .,.t..='/"',::....,".. ......H_.....~:_"~,:.~::.:..;<!...:...~:"':;:'":..~'~C..l""'-..-"'" = ..-,. ~.................,""_.-e.~4~:~ ...:.......... .. .""'......,<._. '. ,.~:.__..~..~.._~~ ~..... ~lt,~~_ .. ~'-::~.."l.~,,;..,....,..._::,..'!"'.~.~..,..._.;...~..~"''..-.. 9'"'" ~. 1",8(; . :' . .~... .~-....-... _.....~...."W- ~ ....' '''_".... -_. -? - - . . -. . -. - ~ROrICE OF PUBLIC HEARING Case No. 84-10 BEFORE THE CITY. OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: .. Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said B~ard of Adjustment requesting _ authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the reque~ted variance are as follows: Date and Time of Meeting: Date: Time: Thursday, May 24, 1984 4:00.p.m. ; Location: Descri1>tion: . Name and address of Applicant for Variance: Appellant: Paul RUbin, Environdesign P..O. Box 968 Basalt, Colorado 81621 Location or description of property: Abetone Ristorante 620 E. Hyman Avenue Aspen, Colorado 81611 Name: Address: Owner: Arch. Dan Surin and Ermano Masini 620 E. Hyman Aspen, Colorado 81611 . Variance Reques ted: Applicant is seeking reversal of Building Department 's decision regarding the following: The building ~s a nonconforming structure as it exceeds the FAR requirements in the C-1 zone category. Section 24-3.4 (area and bulk requirements). Section 24-13.3 (a): no nonconforming structure may be enlarged or altered in a way which increases itsnorrccnformity. Applicant appearE b'lIr~1:1fc,nn1,et V'-arvfln~~~ce M.llsdeUC!roOj;noJf'adW~) Section 24-3.4 (area and bulk) . ~ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY Remo Lavagnino, Chairman Barbara Norri.s, Deputy City Clerk - . ... -- ASPEN.PITKH..... REGIONAL BUILI:...-NG OEPARTMENT '. g lj-/!J MEMORANDUl1 roo Gary Esary, Asst. City Attorney FRm1: Bill'Drueding, Zoning Enforcement IJAfO DATE: November 11, 1983 RE: Abetones - GMP Exem?tion Per the request of P&Z to determine whether the outdoor cQurtyard had been counted as F.A.R. at the time of the original permit, I have reviewed our files. At the time of building permit issuance there was a definition to calculate floor area. This department has calculated the floor area twice using tha.t definition and cannot see that the courtyard could have been counted as floor area. Also, files indicated that Clayton Meyring's calculation done at the time of the original permit did not include the courtyard as floor area. However, it appears that he may have counted the courtyard and seating to determ,j.l}e occupancy load for the restaurant. I have made these files available to Mr. Paul Rubin. On November 7, 1983, I spoke with Cl.ayton Meyring ViCl. telephone" Clayton recalled the building and stated "that he would not have counted the courtyard as floor area. It was just a yard, not a building". He further stated "he may have counted the courtyard In occupancy calculations because people sitting out there would have to get up those steps". The building currently has a 1.83:1 F.A.R. and as indicated in Jim Wilson's letter of October 13, 1983, iB non-conforming in that respect. Section 24-13.3 states that a non~conformlng structure cannot be enlarged in such a way that increases its non-conformity. BD/ar offices: 110 East Hallam Street Aspen, Colorado 81611 303/925-5973 mail address: 506 East Main Street Aspen, Colorado 81611 - . -, CITY Of ^SPErl Rbi' 7" ill /Viii 1 }(J , DA TE 4/24/84 ,-, APPEllMlT lATJL RUBIN/ENVIRODESIGN,.' ArteI.I~~E6~ .~R. ',' '.~#..;J" .': . ABETONE RISTORANTE' ',' \ I'..' "....," . . , CASE 110. '?1~ It? '- ADDIlESS pa BOX 9'68, BASALT, CO 81621 PHOIIE9~ 3636 ADDRESS 620 E. Hyman Aspen, cq .8l6n O~III[R DAN SURIN/ERMANO MASINI LdcnTIOII OF PROPERTY 620 E. HYMAN ST . .-: . ASPEN CO 8l6n lStreet. & ~lumber of Subdlvlslon Blk.' & lot No.) . .- Bul1din~ Per:mit' Application and prints or any other pertinent _ data must accompany this application, and will be made part of CASE NO. .. , THE Bl)A?D HILL RETURN THIS .APPlICATlON' IF IT DOES NOT CONTAIN' AL~ THE fACTS IN QUESTION. DE~RIPTIOil 'QF PROPOSED EXCEPTION SHOHH1G' JUSTIFICATInI'lS: . '. SEE ArTAOOED . . . , I', . .. , . " Will you be ~epresented by couqsel ~..,. ? Yes V N ... " L SIGlIED: . ~ jU Appellant , , . PROVISIONS OF THE ZONING ORDH/AIKE REQUIRING THE BUILDING INSPECTOR TO qORWARD TKIS APPLICATION TO rHE BOARD OF ADJUSTMENT ANDREASON FOR NO,l GRANT! NG: Applicant is seeking l'eversa,'l 9f.'Building Dept. d~cision regarding , the fol1owing: ' ~e building is a non-conforming st,ru~tur"e, as it, exceed-s rhe F.A.R., requiY'ements in th?,C-l,z,one category.' ,S~ction 24-3.4 (area and.fm'l!;' riguireme\lts): Sectio'n24-13.3(a) no non:~con.for;"ing structur~ may be enl'arged or alierl'd in <t way ,which ,in'creases' its non-' ' .. ' conformity. Applicant appears to also, ne~ 'a variance' to reduce, op,m space" ,Section 2403~'4' (area and bulk): ' ',,' " .-....,:.- . " '. '. . . , . .. " . ',{ .... " ' '-, &1'~~~P : 'StatlJls ,. , , " . " . IEf:HIT REJECTED, DATE.51( /Pt . f. / \rrLiCr,1l0N .FILED , ." .~ ,. . DECISION , DATE - DATE IF IIEAIlIUG I^Il(O J . . . SECIlETA!lV__ , . . fif 11' AN APPLICATION TO THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN Date: April 24, 1984 Case No. Applicant: Abetone Ristorante Dan SurinlErmano Masini Represented By: Paul Rubin Envirodesign P. O. Box 968 Basalt, CO 81621 927-3636 Location of Property: 620 East Hyman Avenue Aspen, Colorado Introduction: The responsibilities of the Board of Adjustment are set out in Section 2-21 of the Aspen Municipal Code. There are two separate distinct powers of the Board. The first (~2-21(1)) is: "To hear and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of the regulations established by the zoning laws." The second power (~2-21(3)) is to: "Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the zoning laws, in passing upon appeals, to vary or modify the application of these regulations and provisions relating to the use, construction or alteration of buildings or structures, or the use of land, so that spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done." This second area of responsibility, i.e., the granting of variances, was recently expanded upon by amendment to state statutes. In C.R.S. 1973, ~ 31-23-207 the General Assembly, in 1981, and for the purpose of enhancing and encouraging the development and use of solar energy, provided that: "Where feasible, the board of adjustment may vary or modify the application of the (zoning) regulation for the purpose of considering access to sunlight for solar energy devices.' The request being brought to you for your consideration by this application is authorization for the issuance of a building ,-, permit for the purpose of enclosing an area of approximately 445 regulation feet (115 feet of landscaping; 330 feet of dining area) of the existing patio area of Abetone Ristorante. We seek, in the alternative: 1. A reversal of the Building Inspector's determination that the construction would be an illegal expansion of a nonconforming use; or 2. A variance to construct the improvements under the authority to do the same for the purpose of incorporating a solar energy device into the existing structure. The two distinct requests will be presented separately. Reversal of Building Inspector's Decision For those of you not familiar with the land use regulatory history of the City, in 1973 the City Planning & Zoning Commission adopted the Aspen General Land Use Plan which included recommended changes to the City's zoning map and text. In order to prevent construction inconsistent with the recommendations pending adopting of code and map changes, the City adopted Ordinance 19, Series of 1973, which set a building permit review procedure to allow for issuances of permits only if consistent with the plan pending adoption of the proposed amendments. The original plans for the 620 Hyman Street Building received approval under Ordinance 19. However, the owner then appeared before the City Council with an improved design which he wished to proceed with but which was inconsistent with the pending changes (including area and bulk requirements) to the Code subsequently enacted as Ordinance 11, 1975. Consequently, the Council adopted Ordinance 50, 1974 which exempted the project from the application of the Ordinance 11, 1975. Later, again, the owner presented a new design which the Council preferred and the Council adopted Ordinance 25, 1975, which extended the exemption originally granted by Ordinance 50, 1974, for 90 days. As conditions of approval, the applicant would have to (a) build according to the plans reviewed by the City Council in March of 1975; (b) comply with zoning code provisions in existence prior to the recent amendments; ~nd (c) comply with any conditions of approval imposed by the p & Z pursuant to the earlier Ordinance 19 review. The area and bulk requirements in effect prior to Ordinance 11, 1975, allowed a 2:1 FAR with provisions for additional square footage when a project offered public arcade space at ground level or open space in excess of that required. No specific FAR calculations were made at the time of building permit issuance for the 620 Hyman Building inasmuch as none need have been done under the circumstances. The building inspector has taken the position that (a) the patio was never included with the FAR of the building; (b) the building has a current FAR of 1.83:1; (c) existing regulations establish a 1:1 FAR; (d) the -2- <"""'~ structure is now nonconforming and therefore cannot be expanded. The applicant petitions the Board to reverse this decision and in support of this request we offer the following arguments: 1. The building permit issued in 1975 did include occupancy load calculations which clearly included the space the applicant is requesting a permit to enclose. 2. The area has always been included within the area leased by the applicant, as well as within the liquor licensed area of the restaurant. 3. There is a statement made by Commissioner Johnsonl at the Planning and Zoning Commission meeting of May 7, 1974, t~at he "felt the garden level should be included in the floor area ratio." 4. Ordinance 11 (Series of 1975) states that "in measuring floor area for the purpose of calculating floor area ratio, there shall be included that area within the surrounding exterior walls . . . The floor area of a building or portion thereof not surrounded by exterior walls shall include any usable area under a horizontal projection of a roof or floor above." An interpretation of these statements leads to the conclusion that this area was counted if the wall at the sidewalk was considered to be the exterior wall (even though the space was not roofed) . 5. Further, the Ordinance states that "for purposes of calculated floor area ratio, there shall be included basement (but not sub-basement) areas except any such basement area devoted to underground off-street parking." Since this area could not be considered to be s~rrounded by exterior walls and does not qualify as open space, it may have been calculated as floor area by being included in the basement (or garden) level. 6. The area is clearly not open space for two reasons: (a) Open space cannot be more than ten (10)feet below the existing grade of the street which abuts said open space. (This space is 10.3 feet below grade. ) (b) The open space must be continuous and not obstructed with building appurtenances and appendages. Stairways will be considered obstructions. (This space is accessed by a stairway from the sidewalk.) 1 2 During the Ordinance 19 review. See paragraph 6. -3- ,'" , 7. The area is only accessible by going through the restaurant and then through the sliding glass door. 8. The (then) acting assistant City Attorney, Gary Esary, acknowledged at a meeting before the Planning & Zoning Commission on December 20, 1983 that the record is unclear such that no one can definitely determine if the area was intended to be included in FAR. 9. None of the purposes for which the FAR regulations have been promulgated (impacts) would be defeated by issuance of the permit. The Planning Office has said (Memo to the p&Z dated October 11, 1983): (a) "The applicant submits that no new employees will, be needed as a result of this expansion. *** [o]f the 445 square feet of area, 115 sq. ft. will be landscaping and 330 sq. ft. dining area. This same space has historically been used for a summer season outdoor eating area. The space accommodates approximately four tables. Considering that this space has been used for dining and waiters have been serving in the bar area when this new space is available for winter use, we believe the case for no new employees is justified. " (b) "The Engineering Department agrees with the applicant concerning parking and considers that any new generated parking need is not significant. Also, because of operation only in the evening, there is no conflict with the daytime activity of most of the surrounding area." (c) "The question of visual impact is not a consideration in this case. First of all, the restaurant is on the lower level and this roof will not be visible at street level. Secondly, if the addition is visible, it is considered by this office to be a positive element and not one that would be a negative neighborhood impact." (d) "This incremental addition will have no effect on existing levels of services. It will have a positive effect on the runoff situation at the site, and will add a passive solar element for the heating and cooling of the interior space. The project architect will be present at the meeting, to discuss the operation of the glazed roof in site drainage and to answer the concerns of the Engineering Department." 11. No other buildings were exempted from Ordinance 11, 1975, and the grant of the requested approval would not be precedent setting. -4- ."..... 12. The construction of the improvements will improve the structure by eliminating an area which, in the winter, accumulates snow and trash; and in the spring, standing water (with resultant drainage surge). For all of the above reasons the applicant requests that you reverse the decision of the Building Inspector and authorize issuance of the permit. Variance: Solar Elements In the alternative, the applicant requests the issuance of a variance from the FAR requirements for the construction of a solar device. The building code1 "encourages minimum fossil fuel consumption by establishing minimum thermal insulation standards for all occupancies and the use of innovative energy conservation techniques in buildings.: The Applicant has submitted its drawings the ASHRAE methods and U factors of a solar system which will have the following results:2 1. Solar gain (January 21)....455,000 BTU/day. 2. Thermal load (January 21) (no moveable insulation) ....360,000 BTU/day. 3. Thermal load (January 21) (with moveable insulation) ....223,000 BTU/day. The existing restaurant's ceiling return air duct system will then be able to reduce the existing structures need by either 95,000 BTU/day or 232,000 BTU/day depending on the preferred design solution. The Applicant submits that the proposed improvements fall directly under the statutory provision cited on page 1 and we request the Board to exercise its power to carry out the law's purpose accordingly. 1 Chapter 53, Section 5301. 2ca1culations do not include elimination of heat loss from removal of sliding doors (massive infiltration), which clearly enhance the thermal comfort as well as substantially increases the net gain of the solar system. -5- ".... . . ~~'o(-........"..._...."':~--L..._>>.~.,~ ......:-~:...-;.~ -~.,,~ .'...---.~.,:~ .,~......,.;:.~-~ .., ABETONE RISTORANTE 620 E. Hyman 638 E..HYman - Patio Building ..... , ' ."...:_...__..,_~...-.....".__.~._.~ _..__.~~~.".;..,._":':"~-.....o..- .lr.;.l rPI- /0 c- ~ ~ ____,__ 1 ! ,/) ~ ADJACENT PROPERTY OWNERS Jack S. & Gesine Crandall PO Box 1066 Aspen, CO 81612 301 S. Spring St . ." Mountain States Communications Inc. PO Box 2238 Aspen, CO. 81612 633 E. Hyman Boris M. & Dora L. Lemos and Donald M. & Jeannie M. Lemos PO Box 321 Aspen, CO 81612 616 E. Hyman E. Norris Taylor & Goodrich H. Taylor # 1 602 E. Hyman Aspen, CO 81611 610 E. Hyman Patricia Moore 610 E. Hyman Aspen, CO 81611 E. Hopkins - Lots mE - Vacant Leslie Jean Smith PO Box 1645 Aspen, CO 81612 623 E. Hopkins Ann E. Chapman PO Box 3150 Aspen, CO 81612 629 E. Hopkins W. R. Walton PO Box 665 Aspen, CO 81612 . " I , . !' i' , , ., , :, , Ii I I' i J ,. i, --~ t '" .->,..", j RECORD OF PROCEEDINGS 100 Leaves '011." e.'.tll){eIHlll.e.a l.t;). Regular Meeting Board of Zoning Adjustment February 9, 1984 -2- CASE ~84-2/ABETONE RISTORANTE 'Head said he spoke with Paul Taddune, city attorney, last week and discussed a possible conflict of interest with ,respect to this application. He is in another partnership with the owner of the building of the application. Taddune suggested that Head raise this issue before the Board. Whitaker advised Head if there is any conflict of interest, he should withdraw. It is the safest way. There are five members present, the action of the Board is not hampered by this. Head stepped down. Whitaker introduced case ~84-2, Abetone Ristorante. The application is a variance request: "the building is a nonconforming structure as it exceeds the FAR requirement in the C-l zone category, section 24-3.4 (area and bulk requirements); Section 24-l3.3(a) no nonconforming structure may be enlarged or altered in a way which increases its nonconformity: appli- cant appears to also need a variance to reduce open space; Section 24-3.4 (area and bulk)." Paul Rubin, representative for Abetone, said the building was originally passed under Ordinance 50, then Ordinance 25, which exempted it from Ordinance 11. It was approved under Ordinance 19, the right to build the building. At that time there was no open space requirement. His rationale for applying for the variance is under code 2.21, number one. There is no documentation to support the space in question was in fact included under FAR. There is no clear documentation that it wasn't. According to the City of Aspen's codes, the area in question cannot be open space in that it has always been obstructed by appurtenances and it has only access from a dining room. It is more than 10' below grade, it is 10.3' below grade. The main contention is that it, has never been open space. There was no calculation at that time. The building department approved it with- out that criteria. In the memo from the planning office dated December 20, 1983, the confusion is pointed out in the planning office's recommendation. It states in the last paragraph that planning office was unable to reach a conclusion as to whether it ever was FAR or whether it wasn't. Under today's regulation the enclosure of the, space will increase the degree of nonconformity of the building in terms of FAR. If the space had been included in FAR, it in no way increased the nonconformity. This was Colette penne's, planning office, contention. At that time, Gary Esary, city attorney, recommended to the applicant to present these points in front of the Board of Adjust- ment. In all the documentation, the only calculation of floor ,area was done by the building department. The occupancy load included it in the square footage of the building. It has been included in all leases. It has been included for liquor licenses. At no time is there any place in the documents that show it was not included. Rubin continued. In the minutes when the building was originally approved, Councilman Johnson stated that the dining area obviously should be in- cluded in the floor area ratio. That was never acted upon. There is no documenting that the space in fact was included in FAR. The confusion continues. ,', The confusion creates a hardship for the client. Under the state of Colorado law, solar energy applications should not be inhibited by zon- ing and building regulations. It is appropriate that it be reviewed. Rubin approached the county Board of Appeals several times to improv8 the thermal efficiency of the building as well as the thermal comfort.' Re<,ular Meeting '''card of Zoning Adjusc:ncnt,~, Febru2cy 9, 1984 There is a hardship. The space collects trash in the winter, and standing water in the spring. It was never, an open space. The client proposes to cut forty seats in the restaurant. The client proposes a green space all year round. Rubin asked for a variance so he can return to P&Z. would then be procedural for the client to enclose the dining space. concluded his introductory remarks. It Rubin Josephine Mann thought the records needed to show how much of a variance the applicant is requesting. What is the square footage. Austin said 330 square feet. Rubin said there is no place where he can find how the FAR of that building was calculated in the past. Part of what he wants to build is over an overhang. The app1ir.ant is enclosing a part which is certainly in the FAR; anything under ~n overhang is included in FAR. He went to four or five different people, including Drueding. Everyone calculated a different figure. At that time ~ubin went back through the original building permits. The only calculations were done for the occupancy load. He is not sure how much variance he is requesting. He said there will be no more waiters. The entry will remain as is. There is a portion by t~e sliding glass doors included already in FAR. It would only be the balance. It is not more than 500 square feeL Mann again said when the Board makes a motion, it has to say something about the amount it is granting or denying. Austin referred again to the memorandum from the planning office dated October 18, 1983, page two, first paragraph: 115 square feet of landscaping, 330 square feet of dining area. Mann said those are approximate figures. Rubin suggested using the language "plus," or "minus," or "not to exceed." He would sub- mit detailed plans. RUDin reiterated it is less than 500 square feet. Paterson referred to the drawings. He commeuted there are parameters: window mullions, the stairwell, etc. Rubin noted the addition will be under the FAR with the overhang. The space was not included in FAR, but it should have been included. It is not open space. 'j Austin questioned when the building was built. She questioned when the requirement for the 10' depth came into effect with respect to open space. Rubin explained the building was originally passed in 1975 under Ordinance 50; then Ordinance 25, an extension of Ordinance 50 which exempted it from Ordinance 11. There was no calculation of open space because there was no open space requirement for the building. The 10' depth came into effect soon after that. He has no conflict with the 10' or the 10.3'. The conflict is that the space has an appurtenance, it is blocked, it has no access, and the city code strictly states that open space cannot be blocked as such. ADstin questioned when the code was'written; after the building was completed. She recalled when the building was originally done, the area was not closed off from the stairwell, it was open. Rubin said no. Penne said she reviewed the old codes to see if they divided open space the same as today. At the time the building was built, the FAR was 2:1. It allowed any area to be considered open space. She believed the 10' requirement was not defined. For everyone square foot of open space, two more square feet abmethe 2:1 ratio in the FAR was allowed. It was a very generous FAR at the time. The building was certainly not nonconforming when it was built. The building's ratio is about 1.87:1. Someone corrected it to 1.83:1. Austin was curious about the intent of the space when it was built. Was it to be open space even though it does not conform now to open space. penne said because of the stairway and the depth of 10.3', it is in the applicant's favor that itwasnot defined as open space. She agreed it is not usable public open space. She would not take lunch there. Penne's opinion was that the space does not fit the definition of usable open space; because of the measurements and because the space is not continuous and is obstructed with the stairway, the landing, and ,another stairway. The question of FAR is a separate question. The space is below grade. The applicant is proposing an open roof. She is not sure how that is going to add to the perceived bulk of the building, the thrust of the concern of FAR. Penne presented background as to the reason for the memos. Rubin came with a public inqu'.ry to her office when h~ started thinking about the addition to Abetone and wanted to know if it was possible. Pennc informed him that there was a GMP exemption allowed in the code. She reviewed the ,,,,",, _J " -. r"'",",- RECORD OF PROCEEDINGS 100 Leaves '011.." t.,. lIn[CII:rL ~. a. II L. co. Regular Meeting Board ,of Zoning Adjustment February 9, 1984 -3- I j I I j I I I the case, wrote a memo, and suggested P&Z recommend or approve the G~P exemption. The planning office went along for a few weeks assuming it could be built. The building department said it was over allowable FAR. She proceeded then to check the history of the case. The particular hardship for the building is the inability to pin down any particular document or calculation that indicates that indeed the space was couated or not counted in FAR. It has not been conclusively shown either way. Whitaker said it is unclear as to the status. But, it is clear that accord- ing to the building department the floor area ratio is 1.83:1 instead of 1:1. The Board is constantly dealing with nonconforming situations which have been created by the passages of new ordinances. The Board has to consider the situations in light of the existing ordinance. Penne noted there is possible bonus. Whitaker said the floor area ratio is 1:1 in the C-l zone. The fact the building was built under a diffferent ordinance does create a problem. A good percent of the buildings in town are nonconforming because of the ordinances. Rubin agreed. He reiterated his point. If the space was not included in FAR origianlly, it should have been. The only access was through glass doors in the dining room. It is clear in the original plans that the space was a dining area. A councilman saw that. It was in the first lease. There is no document stating the space was not included. The applicant is not increasing the nonconformity. Edwards questioned if in the original plans there was a fence. Rubin said that the original plans did not show the fence. The original did show the landscape break. Edwards asked if there is something that divides the walkway from that space. Rubin said the only access was through the sliding glass doors. Edwards asked if anything in the documentation granted a subdivision or condominiumization. Is the building deed- restricted? Is the open space deed-restricted? Penne said there is no evidence. It was an Ordinance 19, when the GMP was added. There are no deed-restrictions of any kind specifying employee housing or open space. There is nothing in the documentation. Rubin said it is stated in the ordinance that was passed that the 620 Hyman Building construction project shall be permitted to proceed under the conditions here and after enumerated on the ordinance that was passed series, and Ordinance 11 of 1975, on the contrary and not withstanding. Open space was not a require- ment for that building. Edwards asked if the applicant would not be increas- ing the nonconformity of the FAR. Rubin said no. Edwards asked if the open space was in the original lease. Rubin said in the original lease of the building it was included in the Bacchanal's,lease as dining room space. Edwards asked if it was 'in Abetone's lease. Rubin said yes. It was in the building permit. It was included in the original permit for occupancy load. It was commercial space. He had the documents. Bill Drueding, building department, explained the issue is the current 1:1 FAR and 25% open space. He presented to Whitaker a letter he wrote to the city attorney after P&Z requested him to determine whether the area was open space or counted as open space by the building department. The letter is addressed to Gary Esary. Druedinghadothers calculate the open space by the existing FAR ordinance at the time. There is no way that space can be counted as FAR. He telephoned Clayton Meyring on November 11, 1983, and asked him what he remembered. He reported that Meyring said he would not have counted it as floor area, it was just a yard. Meyring may have counted it in the occupancy load because people were sitting out there. Drueding presented his notes, from the telephone call. There is no doubt in Drueding's mind that the space was not counted as floor area, and it would not be counted today. Regular Meeting ,..' Board of Zoning Ad:ustmcnt February 9, 1984 Drueding noted there are six restaurants in town with the same type of court yard problem. They are exceeding their FAR now or open space, and could ask for the same request: Toro's, pablo's, etc. Drueding addressed open space. There may have not been any open space requirement then, but there is now, 25%. The .3' (the difference bet~een 10' and 10.3') is minimal. The open space cannot be reduced less than 25%. If open space is reduced, it is not conforming. That is why the applicant needs a variance for open space. Whitaker expressed the purpose of open space. Generally, it has to be fronting the street, which means a setback. It has to be open to the sky. It is to reduce the bulk of the building. It is to provide more light and open space. He is inclined to overlook the .3' also. He quoted from the guidelines for the Board. "It is not merely enough to state the difficulties and hardships at present, the applicant must present facts that prove such difficulties and.hardships. The Board rarely finds practical difficulty or unnecessary hardship for the applicant whose appeal is a matter of aesthetics, or design, or economics." Rubin said Drueding alluded that the area is open space. It cannot be. Again, it is blocked. The code states that open space cannot be obstructed by appurtenances. And when the building was passed it was very clear there was no open space requirement. The applicant proposes a glass enclosure that will improve the open space. It will provide a year round green space. It will eliminate the collection and standing water area. Rubin does not argue that the space was or was not included in FAR. Meyring included it in the occupancy load. Meyring recognized that it was a commercial dining area. The initial liquor license recognized that. There is a hardship. The applicant is not increasing the nonconformity by law. The applicant is not asking the Board to go beyond its appointed rights. The addition meets all criteria that the community wants with regards to the current laws. It enhances the property. It enhances the open sapce. It enhances a fine establishment that supports the com- munity. It does not impact at all. There are no legal grounds to stop the Board from granting a variance. There is no precedence. There is no other restaurant that was rassed under Ordinance 19 and exempted from open space. The applicant does not want to set any precedents. Rubin asked Edwards to addre~s this. Whitaker was under the impression that in 1975 there was an open space requirement in the C-l zone. The open space which is being asked to be enclosed may have been required. Rubin again said it was exempted from the ordinance. Drueding said even if it was not, it is a requirement now. There is open space whether the applicant built it because he was suppose to, or whether he just happened to have it there. When one begins to reduce the 25%, one is nonconforming. The applicant is increasing the nonconformity. Drueding read that fences, pathways, fountains, and landscaping are not considered obstructions. Mann supported what Whitaker stated about the purpose and the intent of open space. In a case like this in which there is confusion, the Board has to look at the intent. What was the city trying to do. The Board must look at this application in terms of current open space and FAR. Rubin concurred. The addition improves a very bad situation all winter long. It makes it visually wonderful. It has no less access than it has now. The general public cannot get down there. Open space can be viewed year round, rather than standing water, trash, and snow. Paterson pointed out that when the Aspen Athletic Building was built it enclosed open space. It was not open to the sky. The entire court yard in the front caught the sun with that glass. It was considered public open space. Consider that. Whitaker recalled another situationi the revision of the Cowenhaveri Building. That was an existing building. 1'he alterations and improve- ments were allowed on condition that the court yard be open space. There were gates across it at first. Now there are doors. It is still open space. Open space does not have to be directly accessible to the public. ..c-,. j - ,/ i I I , I RECORD OF PROCEEDINGS 100 Leaves fORM 'I C.,. 1l0rCI!:fl 8. 8. III l. C~. .j I I I I I i I I I i I Regular Meeting Board of Zoning Adjustment February 9, 1984 -4- In this application open space serves a function. It opens to the sky. It is unfortunate that the zoning ordinance has been changed so drastically, from 2:1 to 1:1. The zoning ordinances were changed to not repeat the nega- tive effects of structures like the potential Aspen Mountain Lodge. Rubin emphasized the addition beautifies a bad situation. Whitaker said the space will not be open space if it is enclosed. Itstil1 will not be accessible to the public except through the restaurant. Rubin said ~t would be enclosed open space. Rubin noted P&Z approved the request on Dr. Carlson's Building to prevent the build up of snow recently. This application is the same thing as that. Austin responded that it was the only access to that building. It was danger- ous. Austin said this applicant is closing the area, and again, it is accessible only from within the restaurant. The cases are not similar. Whitaker asked if there are any letters in favor or Norris, the secretary, said no. Whitaker asked for Whitaker closed the publ~c portion of the hearing. members' comments. He reopened the hearing. against this case. audience comment. Whitaker asked for Whitaker asked the perspective drawing be clarified. Explain what the height is in relation to the present building and wall. Rubin said the highest point of the glass roof is the planters in front of Nature Store- house. Rubin repeated that the applicant would have no more than four tables there. The area will be green and planted.It will be an atrium space. The client will cut back forty seats. The design will make use of glazing. It would be open in the summer. The initial idea was that horizontal panels would move under a cJrved panel. The concrete walls would be kept. The addition would be a glass extension of the existing building. Whitaker asked Paterson if there should be elevations and cross sections to articulate the relatlon to the building, not just an architectural perspec- tive drawing. Pater~;on noted the issue is whether the client has a hard- ship or practical difficulty. The Board cannot grant a variance on aesthetics. Conceptually the Board can see what the applicant is attempting to do. The Board can tell whether the applicant has a practical difficulty or not. .~ ; Whitaker closed the public hearing. He asked for members' comments. John Herz questioned if the area is open space. He did not know if it should be considered open space. Herz said every case the Board considers is different. With Dickerson's Building, the Board enclosed the stairwell for his hardship and practical difficulty with weather, snow and loitering people. The hardship and practical difficulty in this case seems to be I that the city does not know whether the area, was considered open space or not. The building is 1.83:1 now. It already received one variance for the atrium. Herz sald he does not think that the area will be impacted. The applicant has cut. down the number of tables. The applicant is not impact- ing the area with employees. The applicant is making the space more open. ' Herz cannot suggest the practical difficulty. Maybe it,is the people or the snow or the collected water. Herz is inclined to favor granting the variance. " , Mann thinks the applicant has stated clearly that his hardship was the con- fusion in the FAR an~ the open space, She agrees there is confusion. She does not agree that because there is confusion that the Board needs to grant a variance, it is just the opposite. There are times when that would be alright, other times not. This is a time that she believes the Board would not do a service to the city in granting the variance. The present FAR she wants to respect and defend. The same is true for open " Regular Meeting ~, Board of Zoning Adjustme~ February J, 1984 space however one defines it. She would not be in favor of the variance. Paterson concurred with Mann that there is a hardship in the confusion. He likes the project. He would like to see the space enclosed. He would like to look at it that it is bettering the public safety and welfare. He feels it is similar to the Athletic Building, the enclosing glass. It is a solar sink. It is beneficial to the tenants. It is not harmful to the surrounding. There are no objections from any of the neighbors. However, there does not seem to be enough evidence to support the variance will relieve a hardship that exists that is so serious that the a?plicant cannot live without it; in other words, to alleviate a real difficult problem. The situation has been there for Thany years. It has been handled. Paterson has a problem with the degree of the hardship. The hardship is mostly due to the confusion with FAR, the 10.3' v.s. the 10', the question of open space. Austin agreed with Mann. She does not see how this helps public safety. The stairs will remain open. Only the dining area will be enclosed. It will set a dangerous precedent. The Crandall Building, Toro's, and Pablo's all may want to enclose their patios. She likes the aesthetic idea of everything not being built right to the street. There is more of a problem with granting the variance than not. Whitaker asked Drueding what the floor area ratio would be if the area is allowed to be covered. How much would it increase it from 1.83:1. Drueding said he did not know. Austin asked if the entire building is taken into consideration. Drueding said yes. Edwards said it would increase the FAR. Whitaker believed it would increase the FAR which is already well beyond what is allowed in the code now. The hardship and practical difficulty is often hard to differentiate between the applicant's convenience and desire to make improvements. Reasons for granting variances are that the special conditions and circumstances did not result from the actions of the applicant. It is very clear that the action of the applicant created this situation. Whitaker does not want to see the loss of open space. The open space and the setbacks are terribly important to the community. He does not like to set the precedent of covering open space and increasing floor area ratio. Whitaker reopened the publ:c hearing. Rubin said he spoke witn his attorney and client this afternoon. He has the ability to return to P&Z. They only tabled his request. He thinks given the feeling of the Board he wants to withdraw the application rather than have it denied. He will return to P&Z. They have the right to deter- mine that the addition does enhance the space. He does not want the judge- ment read that it eliminates open space. Whitaker noted that the applicant has withdrawn. He does not know if P&Z has the authority to grant variances in the floor area ratio. Rubin said it would not be a variance, it would be a decision that it the area should have been included in FAR. Whitaker asked Rubin to provide an affadavit and photograph of the public notification of the case. In light of the fact that the applicant is going back to P&Z, Whitaker asked if the Board felt that the planning commission should have the benefit of its thoughts in the same way the Board had the benefit of the planning commis- sion's thoughts. He entertained a motion that a copy of the minutes of this meeting be sent to the planning co~~ission. Austin moved to approve the motion; seconded by Mann. Mann said it was very important for the members to have the minutes from the P&Z, it made the meeting go faster. If the Board's minutes will help P&Z, she supports sending them. All in favor, motion carried. Paterson moved to adJourn the meeting at 5:15 p.m.; seconded by Mann. All in favor, motion carried. t~/,,~t:"d ~"~.lt'd Barbara Norris, Deputy City Clerk . ,I ,.... 130 asp SPEN CITY '.,":~ June 4, 1984 Attention: Members of the Board of Adjustment Please find enclosed some historical information which might assist you in evaluating the Abetone Ristorante case, #84-10, scheduled for your next meeting on June 7th. Good day, ~"A:..--' Barbara Norris Deputy City Clerk ~ ~. . " \ '*:' i-1< I ' i \'Ii': 1'ON H W'S I-' I-'.;:J ;:;::: : ro 0> OJ N :0 1:oJ ;:J ro ro .,~ I-{ - i 0 1-" ,'-' , H> J:: ,X ,!!l .~" :N ~ ~ '" ',:.' '1:j I, 1'1 " N ~ I ,I ,0.. 0 :0:0 O>;:J ,I-{ II-{ rt 1-" i::" p, 5'~ ;w f-J OQ t'~ N~ 10 I;j iUl Ul ;:J ro ro 1-" 0 :1-{ 11 I ;:J;:J 'I-" 1-" OQ ro 1m (0 j tn (I) 10 0 :t-i) . H) II-' il-' I~ I~ Icrl !- ! '0 I ~i .. ' t;-1 '../>,1 ! I I j _J <\ If) '< '0 ro ! p.. Q) ,m ti i '0> 0.. ;:J J:: 0..1-{ 0> Ie rt ,fij 1-" 't/l 0 .rt ;:J 'ro ,I-{ 0.. , I J:: I I-{ 1-" ;:J OQ ! :t , "" ~ :>:> t:I H ~ Z o M 1""""" """",,",, ~ I-' \0 w (f) M :>:> H' M (f) o '>:I I-' \0 " W ~~OPIES6F THE STARRED AND CHECKED ORDINANCES ARE ENCLOSED IN THIS PACKET. .. . OPEN SPAC)' '0 Requirements ror open space at grade lA Ordinance #67, Serres of 1975 ,-tVtJT 1t!iI/f'jE!) Ordinance #34,1976-amendment O d ~4 1976 - commercial use of op. sp. r . ,) , _'_~___'_"~~_.''"~'''''''''----_~"?11' -...--..,....-~---r-'" ~ ..--_.,~, ~_-:... ~-'-- ~_.......----'-'-'~ ~._. .. ......_~_~"--'..ii.'"~ \ OP~~nS~ACE ~_ _.__ ____ I--o-r' .d__J'27-Ser.ies oLI970.",_GolLCourse Property \--'- . 1t -, t1 11 II :_ Oxd._tf1Z,.,197 1 ,:_bond S ..-----/,-----j;------. 'lOrd. tfr23, 197.L::.~Q.l1Jng____ I~~~d~if~~ ,~1973--.Clarify:-open Space. R~qu:hment- I _______________________ unde;-__:?;o}~}r,g____._ \ ------ ,- ------- ------ -------- -----~-_. --.----.-----. I _~_ ___________._~.____ f=-=~=--=- -------------=~~==_===:: ,~----------_c--'--..---------- .,~_~-:~=~~==_~:~-,,;~~~=.:~-]~.~-~ ~~.X==..-:-~r:.'..=_---:-:.7-.- ~~~~=_:::=..~~~~.:~~.~:~~~,,-'":.J I - 1___.Ji2Q_ HYMAN..13lJ:ILDI.NG_________,___ .. ---- .'~Ordin:ance #25, Series of 1975 (extending 7\-- the exemption for the 620 Hyman Building) I 1 1__ ~~~,.-_"- ---..-,..,-'---.,-~'----~~'" a t/k ORDINANCE if 50, Series of 1974 j . H ...__ ___._ , ----~'""".'_:.~.:":,~':'l'"~:Ef~ code Exemptions from the new zoning Woods Bldg. Remodel RBH Bldg. 620 Hyman Stevens-Ginn B1dg~ - -.--"....---,......p -_._'..'_...~.._.. ,.- .-. "'_.._~'-.,~.~ -,", ""."" RECORD OF PROCEEDINGS 100 LEAVES ORDINANCE NO. /b (Series of 19~ AN ORDINANCE AMENDING SECTION 7 OF CHAPTER Z4 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY REPEALING THE "OPEN SPACE REQUIREMENT" PROVISIONS OF SUBSECTIONS (a), (b) AND (c) THEREOF l THE C-l COM~IERCIAL C-C COMMERCIAL CORE, AND C-Z COMMERCIAL SUBSECTIONS] AND ADDING TO EACH OF SAID SUBSECTIONS (a), (bj AND (c) THEREOF NEW, "ETTER-DEFINED "OPEN SPACE REQUIREMENT" PROVISIONS. WHEREAS, the Aspen Planning and Zoning Commission, following public hearing, has recommended that the language of the open space ~'equirements in the C-l, C-C and C-Z zoned districts of the City of Aspen be modified so as to increase the effectiveness of such requirements in accomplishing their intended purpose; and WHEREAS, the Aspen City Council has reviewed and is in agreement with such recommendations, and recognizes the need for lessening traffic congestion in high-density areas of the City and for providing adequate light, air and space in such areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: , Section 1. , 'Purp'ose: The purpose of this Ordinance is to promote the health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of Aspen, Colorado, by: the lessening of congestion in the streets and roads; securing safety from fire and other dangers; providing adequate light, air and space, classification of land uses and the distribution of land development and utilization; protection of the tax base; securing economy in governmental expenditures; and the protection of urban and non-urban development. "..... ''',..t RECORD OF PFiOCEEDINGS 100 Leaves HlRll~ C.r,''''HHL B.8./I L. '0. Section 2. Authority: This Ordinance amendment is authorized by Article 60, Cha~ter 139 of the Colorado Revised Statutes, 1963, as amended, and is hereby declared to he in accordance with all provisions of these statutes. Section 3. The "open space requirement" provisions of subsections (a), (b) and (c) of Section 7 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, are hereby repealed in their entirety" and are hereby replaced and superceded wi th new "open space requirEcment" provisions which shall read as follows: "Open space requirement - All construction shall be required to have not less than twenty-five per cent (25%) of the building site for open space [as defined in Section 24-2(00)], subject to the following: 1. The minimum frontage of the open space which is open to a street shall be one-half (1/2) of the dimension of that side of the building site, or one hundred (100) feet, whichever is less. 2. The minimum depth of the open space which is open to a street shall be ten (10) feet measured at right angles from the front lot line. 3. Required open space shall not be more than four (4) feet above nor more than ten (10) feet below the existing ,grade of the street which abuts said open space. 4. The open space shall be continuous and not obstructed with building appurtenances and appendages. Stairways and overhead walkways will be considered obstructions. 5. Prior to the issuance of a building permit the City -2- ... ,. ......-...-_.,,'..,....., .....'.~.c.'" "c-"'-.- -. .....,.-.~. - """ RECORD OF PROCEEDINGS 100 LEAVIZS Building Inspector shall require site plans and drawings of any required open space, including a landscaping plan, in order to ensure compliance with this section." Section 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 5. A public hearing on the ordinance shall be held on m7c29 , 1973, at 7/:'0-0 P.M. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado on the ~ M7- , 1973. day of ' ATTEST: ~d-c::, eM ~ ' -tJ 1"1t~W/ v / Mayor md7/, FINALLY ADOPTED, PASSED AND APPROVED This ~~day of 1973. ATTEST: ? ' "" '~-X';';<_'/~'Y J , - lty C erk '.~~/7 Ac9, / ./ Mayor- I I I I -3- ,.... I , STATE OF COLO&\DO) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on May 14 , 1971-, and published in the AspenToday . a weekly n~wspaper of general circulation, published in the City of Aspen, Colorado, in its issue of Mv~ lh , 197-3.." and was finally adopted and approved at a regular meeting of the City Council on May 2q , 197-l, and ordered , Series of 197~,., of published as Orjinance No. 16 said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 29th day of May , 197..,2. ~.4~ ~rra~ne Graves, City Clerk -, ._=~--_.._--~~--_.."........~-,:.,........ ) . .\ 'I / RECOliu OF PROCEEDlhiGS 100 Leaves '0RI0!~ t.r.llorCHlh. P.Ill. co. ORDINANCE NO. 19 (Series of 1973) AN ORDINANCE ESTABLISHING MANDATORY BUILDING PERMIT REVIEW PROCEDURES PENDING ADOPTION OF A NEW ZONING ORDINANCE AND NEW ZONING DISTRICT ~IAP; DESIGNATING USES EXCEPTED FROM REVIEW; ESTABLISHING REVIEW CRITERIA; PROVIDING FOR DESIGNATION OF ADDITIONAL F.XCEPTED USES AND REVIEW CRITERIA; .AND SETTING A TERMINATION DATE OF ONE YEAR FROM THE EFFECTIVE DATE. WHEREAS, the Aspen City Planning Commission pursuant to its authority granted in Section 139-59-1, et seq., of the Colorado Revised Statutes has presented to the Aspen City Council the 1973 Aspen Gpneral Land Use Plan, consisting of a land use map and text, and incorporating its recommendations for amendments to Aspen's Zoning Code and its zoning district map; and WHEREAS, the adoption by the City of Aspen of these recom- mendations will contribute toward the control of growth, will balance and correlate land uses and transportation facilities, will provide residential areas for permanent residents, broaden the economic base of the community, accomplish a harmonious i I ,I I 'I I , , . , J I j >1 j , I i development of the city in accordance with present and future needs and promote the health, safety, convenience, prosperity, and general welfare of the community, and WHEREAS, the objectives and purposes of the anticipated land use changes will be defeated if building permits issue for future structures and uses inconsistent with the commission recommendations prior to adoption of a new zoning code and zoning district map; and the issuance of permits only in accordance with anticipated changes will aid in the orderly and efficient adoption of a new code and map. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ASPEN, COLORADO: RECORD 0... v. PROCEEDlfJGS 100 Leaves ' '01111 \~ c.,. 1l0ECK (l H. b. ... L. co. Section 1. Purposes. The purpose of this ordinance is to promote the health, safety, order, convenience, prosperity and general wel- fare of the residents of the City of Aspen by establishing a building permit review procedure which will a.llow the issuance of permits for structures and uses consistent with the land use changes recommended to the City of Aspen by the Aspen City Planning Commission, which building ,permit review procedure is to remain in effect for a period of time sufficient,to incor- porate the recommendations into the Aspen Zoning Code and Zoning District Map. Section 2. I. Building Permit Review Procedure. No building permit shall issue from the effective date of this ordinance, for other than excepted uses, until the following review procedure has been complied with and approval granted all as provided herein: . A. All plans for development shall be submitted to the Aspen Planning and Zoning Commission for its review and approval as follows: 1. Conceptual presentation: All applicants for a building must first make to the Aspen Planning and Zoning Commission a conceptual oj sketch plan presentation describing the objectives of the proposed development. Such presentation shall be in writing, with an accom- panying oral presentatio~ at the election of the applicant. The applicant shall include a site plan, state the number of units to be developed, and describe how the intended development complies with tlte use recommendations of the 1973 Aspen General L~nd Use Plan and'satisfies all review criteria pertaining to the land use category in which the development will take place. (2) -) __J" RECORD OF PROCEEDIrJGS 100 Leaves 'OII"~ c. F.HOHKrLg.O.8 l. Cll. 2. Preliminary design presentation: After approval of the concept is given, applicants shall make a 'preliminary design presentation consisting of a final site plan, schematic design drawings, preliminary elevations, and, at the election of the applicant or at the request of the Commission, a building moJel. 3. Final presentation: Upon approval of the pre- liminary design, all development plans and drawings must be submitted for final approval prior to sub- mission to the building inspector's office of wo~king drawings for issuance of a building permit. 4. Any applicant may simuitaneously make a Preliminary design presentation and a Final presentation, provided, however, that all applicants must make a conceptual i I I , , I I , I I I I _ i j I I ! presentation prior to a Preliminary design presentation and Final presentation, and independent thereof. B. Prior to any presentation to the Planning and Zoning Commission, all applicants must pay an estimated building permit fee, which fee shall not be refundable, except as follows: I. If the development is disapproved at or after the conceptual presentation but prior to the prelimi- nary design presentation, 75% of any estimated building permit fee paid shall be refunded. 2. If the development is disapproved at or subsequent to the preliminary design presentation but prior to the final presentation, 50% of any estimated building permit fee paid shall be refunded. 3. If the development is disapproved at or subsequent to the final presentation, 25% of any estimated building permit fee shall be refunned. (3) ''') -' RECORD OF PROCEEOINGS 100 Leu"es ro"..\! C.f,IHlECHLB.D.&L.CO. C. Prior to the Preliminary design presentation the appli- cant shall obtain written comment fr0m the following agencies: 1. From the water, electric and gas utilities and sewer districts concerning the availability of these " utilities and services; 2. From the Aspen fire department concerning the feasibility of supplying ~dequate fire protection services to the development; 3. From the city engineer concerning access, cir- culation, the necessity of street improvements and utility easements, drainage, and other engineering considerations; 4. From the local school authorities describing the probable impact on enrollment by the development. Provided, however, that none of the above information is required if the applicant is subject to subdivision regulation. D. The Planning and Zoning Commission shall approve or disapprove (or approve subject to conditions) the intended , , I I I ! '1 1 development after each presentation or plan submission and within 30 days of each such presentation or plan submission. Approval, conditional approval or disapproval shall be in accordance with the use recommendations of the 1973 Aspen General Land Use Plan, consisting of a map and text which, for purposes of the review procedures, are hereby made a part of this ordinance, and with the review criteria hereby established or additions or amendments thereto. Approval at any stage shall not preclude disapproval at any later stage of the review procedure provided, howevei, 'that approval of development plans and drawings will be final. (4) " .' RECORD OF PROCEED.NGS 100 Leaves ronN \0 c,.. 1.')~LK(l B. ~. " l. lO. E. In the event of disapproval the reasons for disapproval shall be given in writing to the applicant by the building inspector who must then deny any bui.lding permit application made for such development. An applicant may not reapply without demonstrating a substantial change in the development proposal or in the uses permitted in the land use category in which the development will occur. II. Pending Applications. Any application for a bui.lding per- mit pending at the effective date of this ordinance shall be exempt from the provisions of this ordinance providing that a permit is ultimately issued on said application. Provided, , , , further, that an application shall not be deemed to be pending for the purposes of this ordinance if the applicant is subject to subdivision regulation and such subdivision has not received final approval and the subdivision plat has not been recorded on the effective date of this ordinance. III. Excepted Uses and Review Criteria. These are hereby designated excepted uses to which the building permit review procedures above described shall not apply nor shall a permit be denied under this ordinance for said uses. There are hereby further adopted review criteria and considerations which, with the use recommendations of the 1973 Aspen General Land Use Plan, shall be applied in the review procedures established by this ordinance. The Planning and Zoning Commission is authorized to recommend the adoption of additional excepted uses and review criteria, or modifications to those herein contained, for application in the review procedure, provided, however, that such additional excepted us~s and review criteria must, prior to their application, be approved by the City Council by ordinance. (5) ....-..'..'-",.....-.".- .,........"..,_. r ,..C,''',," ) REccno or PROCEE!]!NGS 100 Lcav,es 'ORI( W c. F.110ECMn. R. i.lll. to. A. Central Area: within that area designated on the 1973 Aspen general land use map as "Central Area": 1. The following uses shall be: exempt from revie~, (except in those areas between Garmisch and Monarch Streets and Hunter and Original Streets):antique shop, appliance store, restaurants, art supply store, art gallery, bakery, bookstore, camera shop, candy, tobacco or cigarette store, catalogue store, clothing store, decorator shop, florist shop, furniture store, gift shop, hobby shop, jewelry shop, job printing shop, key shop, pet shop, photography shop and sporting goods store. 2. Proyided, however, that all lot and yard require- ments and building heights are subject to review during which the following factors are to be considered: the preservation of views of Aspen and Shadow mountains; the reduction of building bulk and lot coverage, with allowances for greater height in exchange for reduced lot coverage; and providing for plazas. 3. Off street parking requirements are subject to modification both as to plac~ment and number of spaces required, to better suit the terrain of the development site, and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area and the availability of public transportation, both existent and planned. 4. It is the purpose of the review procedure to encourage the following: (a) the preservation of those buildings and sites recommended by the Aspen Historic Preser- vation committee for lIistoric Designation: (6) ,......, ) RECORD OF PROCEEDINGS 100 Leaves fORM \1 c, r.llOtcKEL a. 8. a L co. (b) that tourist re18ted use~ be located in the existent pedestrian mall or extensions thereof; (c) the placement of professional office ' buildings in the fringe of the ~entral Area; (d) the mixing of land uses resulting in the integration of compat~ble uses that result in constant activity in the Central Area; (e) the preservation of views of Aspen and Shadow mountains and Jndependence Pass; (f) the development of the Central Area as a pedestrian dominant rather than auto oriented area. B. Recreations/Accommodations: within that area designated on the 1973 Aspen general land use map as "Recreations/Accom- modations": 1. The following uses are exempt from review: single family detached residences with 6,000 square feet or greater lot area; and accessory buildings. 2. All buildings not subject to subdivision regu- lation are subject to review of the following con- siderations: (a) access - the width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. (7) ,11"-"'.'.. / '~ '-') j RECORD OF PROCEEOII~GS 100 Leaves 'OIIM<I c.r.IlOlCI(H.O.6.fll. co. (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off street parking requirements are subject to modification both as to placement and number of sp,:ces required, to better suit the terrain of the development site and io ensure adequate off street parking as determined by the use of the property, the walki~g distance to the downtown area, and the availability of public transportation, both existent and planned. 4. The allowable density of the development is sub- ject to modification as determined by: (a) the physi~al conditions ot the development site, i.e., slope, access, drainage, natural vegetation and all other terrain features (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public transportation, and other public and private services. C. Recreation/Accommodations Transition: within that area designated on the 1973 Aspen general land use map as "Recreation/ Accommodations Transition": 1. The following uses are exempt from review: single family detached residences with 15,000 square feet or ,greater lot area; and accessory buildings. (8) ,"'"' "".-----.. ) RECORD OF PROCEEDINGS 1 00 Leavps 1'''''''!~ t. f. HOECK[L D. 9. II l. to. . . 2. All buildings not subject to subdivision regulation are subject to review of the following considerations: (a) access - the width of the street, its grade, intersection safety, visibility and lot entrance , :i ~ ~ must be such as to provide adequate access. . (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for reduced lot coverage is encouraged. (e) exterior color and building material must be in harmony with and blend into the natural . mountain setting. 3. Off street parking requirements 'are subject to modification both as to placement and number of spaces required, to better suit the terrain of the develop- ment site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. 4. The allowable density of the development is subject to modification as determined by; (a) the physical conditions of the development site, i.e., slope, access, drainage, natural vegetation and all other terrain features. (9) ".._,......,...".~n..... ,"___ ~__.~.__...~..,_........_..O'__'_ "..._._~~. ,... /.<;., \,) RECO~D or PROCEE[l!!'!GS 100 Leaves Hl~" \1 C. f. HO}rCKrl B. B. ~ l. to. (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public transportation and other public and private services. 5. Restaurants and professional offices are prohib- ited in this area. 6. Buildings are not to exceed 2,500 square feet in floor space nor 25 feet in height. 7. Because of the high visibility of this area, access and utility construction must produce no scars upon the 1 ands cape. D. Multiple' Family: within that area designated on the 1973 Aspen general land use map as "Multiple Family": 1. The following uses shall be exempt from review: single family r~sidences with 6,000 square feet or ,greater lot area; and accessory buildings. 2., All buildings not subject to subdivision regu- > ,; , lation are subject to review of the following con- siderations: (a) access - width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. (10) - " \) RECORD OF PROCEED:NGS 1 00 LC~'/2S I I I I FOAIIlII c. LHOH.KEt U. 6. II. LtO. (d) building bulk and height - the redtiction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the develop- ment site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. 4. The allowable density of the development is sub- ject to modification ,as determined by: (a) the physical conditions of the development site, i.e., slope, access, drainage, natural vegetation and all other terrain features. (b) the impact resulting from the development, i.e., potential for stream and air pollution, the feasibility of snow removal, the availability of public transportation and other public and private services. E. Mixed Residential: within that area designated on the 1973 Aspen general land use map as "Mixed Residential": 1. The following uses are exempt from review: single family detached residences with 6,000 square feet or ,greater lot area; and accessory buildings. 2. The remodelling of existing lodges is not subject to review where such construction will not result in an increase in gucst capacity. (11) ~.,-...,~_. .-. "_. .....--.,....-. .....'., RECORD OF PROCEEDINGS, 100 Leaves fon'" 11 c. r.HO[f~n O. B.1!t L Lll. 3. All buildings not subject to subdivision regulation are subject to review of the following considerati8ns: (a) access - the width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply domestic use and ensure adequate fire protection. (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 4. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the availability of public transportation, both existent and planned. 5. Restaurants and tea rooms are prohibited. 6. Office uses in those residences abutting the south side of Main Street which have been recommended by the Historic Preservation Committee for historic designation is encouraged. .' (12) -...___..,.., ..,>. n'__, ~~""""'T"~_.._..___..._,....,._,___."",""",_ r "..'.... ....-.../ RECORD OF PROCEEDINGS 100 Leaves fOflM.. e. r. ';n('""E~ S, 9. ~ t. co. F. R~sidential: within that area designated on the 1973 Aspen general land use map as "Residential": 1. The following uses are exempt from review: single family detached residences when the lot area meets the minimum lot requirements of the existing zone district; accessory buildings, fences and signs. 2. All buildings not subject to subdivision regulation are subject to review of the following considerations: (a) access - the width of the street, its grade, intersection safety, visibility and lot entrance must be such as to provide adequate access. . : (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire , . i protection. (c) water pressure - the water pressure must be sufficient to supply domestic use and to ensure adequate fire protection. i , i I , i i I ! (d) building bulk and height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off'street parking requir~ments are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site and to ensure adequate off street parking as determined by the use of the property, the walking distance to the downtown area, and the avail- ability of public transportation, both existent and planned. (13) ,.... ,-, \ ,'. { " ~ "t; RECORD OF PROCEEDINGS 1 00 Leaves , ! i i I I I I I i '- t 1, , ;: '!;'.< .f 'ii " I I i ,,<-- 4. Office uses in those residences abutting the north side of Main Street which have been recommended by the Historic Preservation Committee for historic designation is encouraged. G. Neighborhood Commercial/Limited Industrial: within that l f t e, i Jfea designated on the 1973 Aspen general land use map as "\eighborhood Commercial/Limited Indus trial": 1. The following uses shall be exempt from review: C-PND Commercial Planned Neighborhood Development Districts in the existing commercial zones and which :~ are subject to and satisfy the requirements of Chapter ,i ,. 24, Section 24-10.1 PUD Planned Unit Development of the Aspen Municipal Code; appliance sales and repair ;-J. shops, office machine sales and repair shops, furniture stores, carpet and rug stores, paint and wall paper stor~s, furniture upholstery and repair shops, hard- ware stores, garden supply centers, 'printing shops, rental stores, lumber yards, shop craft industries, plumbing shops, electrical and heating supply shops, cabinet shops, wholesale establishments, warehousing, offices accessory to any of the above listed uses, and residences for employees of the Neighborhood Commercial/Limited Industrial District. 2. All buildings not subject to subdivision regu- lation are subject to review of the following con- siderations: ~ .J " ~ , '~', # , t: .f!:- 'i " (a) access - width of the street, its grade, intersection safety, visibility, lot entrance, and integration with the public streets and, public transportation facilities must be such as to pro- vide adequate access. (14 ) ""' ~" ',-..,/ RECORD OF PROCEEDINGS' 100 Leaves 'ORMIO c.r"l(I(CKfl9.0.11l.I:Q. (b) fire protection - access and water pressure must be sufficient so as to ensure adequate fire protection. (c) water pressure - the water pressure must be sufficient to supply the commercial and domestic use and ensure adequate fire protection. (d) building bulk qnd,height - the reduction of building bulk and lot coverage with allowances for greater height in exchange for reduced lot coverage is encouraged. 3. Off street parking requirements are subject to modification both as to placement and number of spaces required, to better suit the terrain of the development site and to ensure adequate off street parking as determined by the use of tte property, the walking distance to th~ downtown area, and the availability of public transportation, both existent and planned. H. Institutional: within those areas designated on the 1973 Aspen general land use map as "Institutional", all uses shown on an Aspen Planning and Zoning Commission approved plan for institutional lands are exempt from review. I. Public: within those areas designated on the 1973 Aspen I , 1 j I ,general land use map as "Public", all uses shown on a Planning and Zoning Commission approved plan for public lands are exempt from review. IV. Termination Date. The provisions of this ordinance shall terminate one year from its effective date, provided, however, that termination will occur prior to that time upon the adoption of a new zoning code and zoning district map by the City of Aspen. (15) ;,,-.. , ) '-' RECORD OF PROCEEOI'\IGS 100 Leaves fO>lM II c. LIl(IHK.l o.~. to L ~o. V. Inconsistent Provision. All provisions of the Aspen Zoning Code and District Zoning Map, not inconsistent here- , ,.,. with, shall continue in full force and effect and shall supplement the provisions of this ordinance. Section 3. If any provision of this ordinance or the application "j thereof to any person or circumstance is held invalid, such invalidity shall noi affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Sectie>n 4. A public hearing on the ordinance shall be held on June 11, 1973, at 4:00 p. m. in the City Council Chambers, City Hall Building, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen, Colorado, on the 14th day of May, 1973. i j I ATTEST: ~-,tI-J 1. ty Cler ~ - ~ - _z.c-___ ~ Eve HOmeY~ayor // C ~1ENDED ORDINANCE PROCEEDINGS A public hearing on the amended ordinance shall be held on July 9, 1973, at 4:00 p, m. in the City Council Chambers, City Hall Building, Aspen, Colorado. (16) / RECORD OF PROCEEDINGS, 100 Leaves fORilI\! C.f.HorCKELO.O./lL.CO. ---.-- , INTRODUCED, READ AND ORDERED PUBLISHED as amended as provided by law by the City Council of the City of Aspen, City of Aspen, Colorado~ at its regular meeting held at the Colorado, on the dd day of . fx1:- Od---'- / , 19 7~i " ~?/ , - -c -~'--~r ' ~~r--. ;-- p-'- ATTEST: ~~fi~~ lty C er INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen- at its continued regular meeting held at the City of Aspen, Colorado, on the 16th day of July, 1973. L, '~ ~c _ __ ''''1....- -~ Stacy ; i7;:'M~y; ~C' ,? ~"t~ ATTEST: ~~~ lty Cler . ...- .-.--1'."."....--.- .__._...,__,_.~~~_., '.....,.""",.-..,,_'_':"."'...~ .~. ........ THE ASPEN LAND USE PLAN July 1973 It shall be the function and duty of the [planning') commission to make and adopt a master plan for the physical development of the munic- ipality, including any areas outside of its bound- aries, subject to the approval of the legislative or governing body having jurisdiction thereof, which in the commission's judgment, bear relation to the planning of such municipali ty. ,Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of said territory. . ., As the work of making the whcle master plan progresses, the commission may fro~ time to time adopt and publish a part or parts thereof, any such part to cover one or more ma'jor' sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. The plan shall be made with the general purpose of guiding and accomplishing a co- ordinated, adjusted, and harmonious development of the municipality and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as ef- ficiency and economy in the process of development. Excerpts, Chapter 139 "Towns & Cities", Colorado Revised Statues INTRODUCTION The Aspen Land Use Plan is a revision of the land use concept included within the 1966 Aspen Area General Plan. The updated Plan is an attempt to reflect current attitudes and objectives of the community with regard to growth poten~ tial and land use. Recently adopted amendments to the 1966 Plan concerning transportation, trail systems and a Roaring Fork Greenway proposal have been incorporated with revised land use concepts into the updated Aspen Land Use Plan. Housing for low income residents, ~dequate circulation and preservation of natural resources a~d historic structures are considerations that are addressed by the Plan. It emphasizes what needs to be done to assure- maximum public amenities in the future for. Aspen. THE AS PC;, ~ND .,' '," PLAN /"", Page Two The Plan is to serve as a guide to the Aspen Planning Commission in reviewing applications for building permits until a new zcning code and a new zoning district map are adopted. The land use recommendations shown hereon will be interrelated: with urban design proposals and density limits to complete the basis for the evolving form and character of the community. Certain planning considerations and policies have been established upon which the Plan is based. It is not a zoning map which details rigid guidelines (setbacks, building heights, parking requirements or the like) but constit~tes a general design for future land use and is a continuing step in effectively responding to the challenge of building ,a quality environment in the Upper Roaring Fork Valley. PLANNING CONSIDERATIONS The following considerations represent circumstances that provide the 'framework for the Aspen Land Use Plan. I. Aspen will continue to attract visitors and new residents because of its position as a quality ski resort and its natural setting. 2. Skiing will continue as the primary economic base for the community. 3. Aspen will remain as the major tourist and commercial center for the Upper Roaring Fork Valley. 4. The community will continue in the attempt to control growth and prevent surburban sprawl. 5. Emphasis shall be placed on preserving the natural environment where new development occurs. ,... .'.... \ I THE ASPEN LAND USE PLAN Page Three POLICIES This Plan consists of a set of policy statements supporterl by general land use designations which are to be used in guiding and controlling future development in Aspen until a new zoning 'code and zoning district map can be adopted.~,The Goals Task Force, a group of citizens from various organi- zations, and the Aspen Planning Commission have formulated the following policies as interpretive input for the map shown hereon. 1. Preserve those buildings and sites recommended by the Historic Preservation Committee for historic designation. 2. Preserve and create scenic views of the surround- ing mountains from public places within the community. 3. Increase the number of housing units construct- ed for permanent employees. 4. Provide neighborhood shopping establishments to serve the daily needs of surrounding population and to complement but not compete with central Aspen. 5. Hold the rate of growth to a level substantially below that experienced since the 1a te sixties and ensure the growth that does occur is in keeping with these same policies and the Land Use Plan. 6. Strengthen the community's economic base in harmony with tourist activities and encourage diversification of quality recreational and cultural pursuits. ,-- THE ASPEN LAND _3E PLAN Page Four 7. Implement a transportation system within the community.which places primary emphasis on pedestrian and maSh transit modes and de-emphasizes the automobile. 8. Expand public facilities in I' manner consistent with these policy statements and a pay as, the community grows program. 9. Preserve the community's wealth of natural re- sources by preventing damage to air quality, controlling runoff and maintaining a pleasant aesthetic appearance by allowing only well designed and considered development. LAND USE CATEGORIES The land use categories as shown on the Aspen Land Use Plan have the following as their intent and purpose. Central Area - To allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist oriented businesses. Ordered 'yet diversified land uses, such as resident re- lated commercial, residential and professional office uses, should be located on the fringe of the central area. Urban design consideration is an essential element of future development or're- development of the central area and is necessary to take advantage of the unusual opportunities presented by its historic heritage and the relat- ionship of the central area and Aspen Mountain. This design element includes as primary concerns the preservation of historic T ~ iE i\~~ P L.i\:; ~'.>SE r.'I.,,;\:' Page Five sites, structures and mountain views, implementation of tree rlanting programs, as well as expansion of the pedestrian ori~nted mall area. Recreati.on/Accommodations - To allow for the re- creation and accommodation needs of the visitor to Aspen in an area that is especially suited for this because of its unity with, and identity to, the proposed transportation system, the ski area and the central area. Site plan rev~ew for significant development is essential to permit consideration of the impact that will result and the crucial issues relating to adequacy of public facilities. Recreation/Accommodations Transition - To permit recreation and accommodation development of limited height, bulk and scale to occur in an area that relates well physically to the ski area. The con- cept of construction should provide for a suitable physical and aesthetic transition between the in- tensive re~reation/accommodation areas to the north and the slopes of the mountain on the south. The primary role of this area should be to provide for a rural scale and design for hillside development by regulating development intensity, building height and bulk and requiring adequate open space. Residential/Multiple Family - To allow for utili- zation of the land so designated for more intensive residential use by permanent residents because of its location near employment centers, contemplated neighborhood commercial establishments and ex- isting high density residential areas. These areas should be a source of housing for low THE: r\S L .~ :.t\:. D_"j)S2 Pl..AN' Page Six income residents. Residential/Mixed - To allow for a'mix of residen- tial uses interspersed with limited amounts of professional office and visitor accommodation uses in areas where these conditions presently intensity uses of the central area and the more rural areas surrounding the community. Neighborhood Commercial and Limited Industrial - To allow the land designated as neighborhood commercial to be used for a limited amount of commercial square footage in kee~ing with the neighborhood concept. Those areas where limited industrial use is indicated shall provide for non-polluting light industrial and service commercial needs of the community. Institutional - To allm, land:owned~bycultural cUl.:,,'al and educational organizations to develop according to approved site plans in areas where these activities now exist. l' liE A~ LAND ;.r'<;E PL\N ..."-" Page Seven Public - To allow for utilization uf these lands by the public sector in areas where appropriate expansion of community ~acilities, including those for medical care, transportation, public administration and similar facilities, are necessary. Open Space - To reserve the lands necessary to preserve and enhance the natural heritage and environment of the community, an asset which is vitally important to the continued success of Aspen as a resort people wish to visit, and to protect and ensure future public access to outstanding natural features such as the river and the surrounding mountains. Open space elements shown on the Land Use Plan such as.trails, footbridges and the river greenway will be used as guides in the ,future development of this portion of the Plan and should not be construed as representing existing systems or rights-of-way. IMPLEMENTATION The Aspen Land Use Plan constitutes a major revision and update of the 1966 Aspen Area General Plan. Within a one year period certain specific technical checks will be made to substantiate or supplement the conclusions and validity of this Plan with regard to natural resources including air quality, transportation, urban economics and public facilities. Specific methods of implementation include the use of new density standards, the neighborhood commercial concept, an ongoing open space program, historic heritage and view protection regulations, a transportation system and- the adoption of a new zoning code, zoning district map and subdivision regulations. I ~f,,. ~l c. r. 01".,,;;. c. '<. O. II L. ":0. - ) '..,,~ '''"", RECORD OF PROCEEDINGS' 1 00 Leaves ORDINANCE NO. /01/ (Series of 1974) --ci I I I I AN ORDINANCE AMENDING ORDINANCE 19, SERIES OF 1973, DESIGNATING CERTAIN DESCRIBED AREAS OF THE ASPEN LAND USE PLAN R-1S RESIDENTIAL AND R-6 RESIDENTIAL WITH MANDATORY P.U.D. DEVELOPMENT; AMENDING AND INCREASING THE MINIMUM LOT SIZE FOR DUPLEX DWELLINGS IN THE R-6 DISTRICT; AMENDING ORDINANCE 19 TO ALLOW THE DESIGNATION OF MANDATORY P.D.D. DISTRICTS; IMPOSING ADDITIONAL REVIEW CRITERIA IN'MANDATORY P.D.D. DISTRICTS; AND DECLARING THAT AN EMERGENCY EXISTS. WHEREAS, the Aspen Planning and Zoning Commission wishes to adopt the recommendations of the 'Planning Department and its Advisory Committee to amend the 1973 Aspen Land Use Plan and designate certain areas therein as R-IS Residential and R-6 Residential; and to amend the text of Ordinance 19 to allow the designation of mandatory P.U.D. zones, with additional review criteria in areas so designated and to increase the minimum lot sizes for duplexes in the R-6 Residential District, and i , 1- WHEREAS, the Aspen Planning and Zoning Commission has requested that the amendments to Ordinance 19 be enacted with all due speed in anticipation of further development requests in the near future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Ordinance 19, Series of 1973, be amended to require that the Minimum Lot Area for Two Family Dwellings in all R-6 Residential districts shall be' 9000 square feet. ... - ,,~......-<.-.' . .-..~., ...~..- -.".'-". ... ...-. ..-, ., ) ..,.- RECORD OF PROCEEDINGS 100 Leaves "uR~. ", c. L nJll"'.I, D. o. IJo l. ~O. Section 2. That the Aspen Land Use Plan, a component of, and inco~porated in, Ordinance 19, Series of 1973, which plan is dated March 6, 1973, be amended by the designation . ~ from Mixed Residential to R-15 Residential Mandatory P.U.D. 0f the following: A parcel of land located in Section 18 T10S, R84W of the 6th P.M. Pitkin County, Colorado being more particularly described as follows: Beginning at a point said point being the southwesterly corner of Block 119 original Aspeh townsite; thence easterly along the southerly line of Block 119 and Block 40 East Aspen townsite, said line also being the northerly right-of-way line of Waters Avenue, to the point of intersection with line 1-14 of the East Aspen townsite; thence continuing along the northerly and easterly boundary of the Calderwood Sub_ division as recorded at Book 2A Page 264 in the Pitkin County Clerk and Recorder's Office to the woutheasterly corner of Lot 10; thence N 610 27' W 83.79 feet along the southerly lot line of Lot 10, Calderwood Subdivision to the point of intersection with Line 8-9 of Tract 41 (B) Aspen townsite addition; thence S 000 2l' W 468.07 feet along line (2 ) /',-.... .P,"" RECORD OF PROCEEDINGS 100 Leaves ro"'~" c. f. IlOrC~[l 8. n. .. l. co. .. 8-9 Tract 41 (B); thence west 183.86 feet; thence N 500 39' W 283.00 feet; thence S 250 30' W 323.42 feet more or less to the northerly right-of-way line of Ute Avenue; thence along the northerly right-of-way line of Ute Avenue s 270 04' 30" E 78.38 feet; thence continuing along said right-of_way .j i I S 580 28' E 511.72 feet to the point of intersection with line l3-14 of the south annexation to the City of Aspen; ,thence west to south annexation corner No. 13; thence ~ N 040 48' E 18S.8 feet to south annexation corner No. 12; thence S 600 00' W along south annexation line 12-ll to a point on the ground with an elevation of 8040 feet measured from ,the U.S. Coast and Geodetic Survey Bench Mark I , J , ! in the Pitkin County Courthouse foundation, elevation 7906.802; thence northwesterly along an elevation contour of 8040 feet to a mon- ,I 'j , ument, stamped Elevation 8040 approximately 40 feet westerly of the most westerly part of i , " , 1 j the Aspen Alps Road; thence easterly to the westerly corner of Aspen Alps south condo- minium boundary as shown at Plat Book 3, Page 54 in the Pitkin County Clerk and Re- corder's Office; thence S 470 09' E 83.01 feet; thence 6.40 feet along a curve to the (3) ..,..".........,...--... '~..,~,.. _.~..,....'~ .--. .-.-."..,~""-,-.-.T ...."'-, (J , ,J RECORD OF PROCEEDIIIIGS 100 Leaves rOIl"'!l C.f.HnHMfl.e.A,lI L co. right with a radius of 30.89 feet; thence southeasterly and northeasterly along the northerly line of the access easement as shown on said condominium plat to the point of intersection with the southerly right_of_ way line of Ute Avenue; thence southeasterly to the south corner of Lot 26 Ute Sub_ division; thence northeasterly and north_ westerly along the westerly right_of_way line of Wagon Road and West End Street to the southeasterly corner of Block 113 original Aspen townsite; thence south- easterly to the point of beginning. Section 3. 1 j i 1 -1 I , i . I ,\ That the Aspen Land Use Plan, a component of, and incorporated in, Ordinance 19, Series of 1973, which plan is dated March 6, 1973, be amended by the designation from Mixed Residential to R-6 Residential Mandatory P.U.D. of the following: A parcel of land located in Section 18 TIOS, R84W I I :1 I of the 6th P.M. Pitkin County, Colorado being more particularly described as follows: Beginning at a point on the southerly right_of_way line of Ute Avenue, said point being the intersection of the southerly right_of_way line of Ute Avenue and the northwesterly line of the Aspen Alps access easement as shown at Plat Book 3, Page 54 in the (II) ,.._,.~..- - . " ' ""","..,, RECORD OF PROCEEDINGS, 100 Leaves rO~rol'l c. f,tWrCKH. B. B. B t. co. ..--....-..-. ._-- -- Pitkin County Clerk and Recorder's Office; thence southwesterly along tbe northwesterly line of said access, easement to the poi?t of intersection with the northwesterly boundary of the 'Aspen Alps south condominium as shown on said condominium plat; thence northwesterly along the northeasterly boundary of Aspen Alps south condom~nium to the most northerly corner; thence N 430 E to the point of intersection with the centerline of Aspen Mountain Road as constructed ans used; thence southeasterly and " northeasterly along the centerline of Aspen Mountain Road to the point of intersection with the southerly right-of-way line of Ute Avenue; thence southeasterly along the southerly right-of-way of Ute Avenue to the point of beginning. A second parcel of land located in Section 18 TIOS, , i ; I R84W of the 6th P.M. Pitkin County, Colorado, being more particularly described as follows: Beginning at the south corner of Lot 26 Ute . Subdivision said corner also being the inter_ section of the westerly right_of_way line of Wagon Road with the northerly right_of_way line of Ute Avenue; thence northwesterly along the northerly right_of_way line of Ute Avenue to the south corner of Lot 33 Ute Subdivision being part of Glory Hole Park; thence along the southeasterly boundary of Glory Hole Park (5) . ..........'..., '.. -~-""'''-'~-''''''''-~~.~''''-~- .'...,......,........~-_.. ,... ,....,. -') , RECORD OF PROCEEDINGS 100 Leaves fOR.. \! C. F. lI"["~LL 8. 8. lit L C~. to the southwesterly corner of the Little Nell Condominium as recorded in the Pitkin County Clerk and Recorder's Office at Plat Book 3, pages 313 and '314; thence easterly along the southerly boundary of the Little Nell Condo_ minium to the west right-of_way line of West End Street; thence along the westerly right_ of-way line of West End Street and Wagon Road to the point of beginning. Section 4. That Section 2, I of Ordinance 19, Series of 1973, be amended by the addition of subsection F which subsection F shall read as follows: "F. Wherever the Aspen Land Use Plan designates a mandatory P.U.D. district by including the letters P.U.D. as a suffix to the classification of any district provided by this ordinance, all develop_ ment of such areas is required to proceed according to the provisions of Section 24-10.1 of the Aspen Municipal Code, P.U.D. planned unit development. In addition to any other elements of review provided for by said section 24_10.1, et seq., in all areas designated mandatory P.U.D. the Planning and Zoning Commission may allow construction of more than two dwelling units per structure. In determining the allowable number the Commission shall consider the following: (6) - ._.._-.--.....'...._._'.~ -".~~.., '.-'--'-~- - " j RECORD OF PROCEED: NGS 100 Leaves ro"'~" t. r. Iln[o<rl ~. D. II. 1. 1;0. I. whether there exists sufficient water pressure and other utiiities to service the intended development; I 2. the exist~nce of adequate roads to insure fire protection, snow removal and road maintenance; 3. the suitability of the site for development considering the slope, ground instability, and the possi_ bility of mud flow, rock falls and avalance dangers; 4. the affects of the development on I the natural watershed, runoff, drainage, soil erosion and conse_ quent effects on water pollution; i , i I _J I .1 5. the possible effects on air quality in the area and city wide; 6. the design and location of any proposed structure, roads, drive- " ways, or trails and their compat- i 1 j 1 ibility with the terrain; 7. whether proposed grading will result in the least disturbance to the ter- rain and other natural land features; the placement and clustering of structures and reduction of building height and scale to increase open (7) '.~-~"'_.'-''''''---'.'-"'^.' ~.",-,,",----,.,,,,,:,......,~,. ""'-,. ./ RECORD OF PROCErolNGS 100 Leaves ., ~ORM 11 C. ~ I'OltKH l~ n, ~ I, Cr, space and preserve the natural fea- tures of the terrain." Section 5. Because of the need for an immediate amendment to the provisions of Ordinance 19, Series of 1973, to anticipate . demands for development permits in the affected, areas in the near future, it is hereby declared that an emergency exists and that this ordinance shall take effect upon final passage and be published within ten (IO) days after final passage, or as soon thereafter as possible. Section 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinarlce which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 7. INTRODUCED AND READ as provided by law by the City . Council of the City of Aspen, Colorado, on the ~;I day of .?77 a~.J , 1// /~0/ / vf--=-q/~-~ ,> (;;/ c~/ ~~;~r St'andley 1/;:(, I { c--/ J ATTEST: ~~ -- J ~er( ~ , -- .~.,- '.C.'-' '~"""""'......-.-"-~'-~.~"'-'~_,'~,:''i'I:' ," ) " . RECORD OF PROCEElJ!l\JGS 100 Lcav.es ,o~O\ ~ c. f. HOEtKH. 8. B. fI- l. CO. FINALLY ADOPTED, PASSED, APPROVED AND ORDERED ,) PUBLISHED thisr;;:Z-':;- day of -2.?f~ 1974. ,/ ,t~/ . ....>..__,.. ,-~;7 r'~ -/ - -' .' ...,'-.-'/ A~.~.~. _,,' ./~//-,,-,..~...~/ . ',,--. .'~ .-.....,,/ -z~---"......-/ /' / I ,.. ATTEST: ~,d~ . C~ty C erk ._.._,......',.__........,.~_...".,-,..- - .-"'.., STATE OF COLORADO) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk,of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of March 11 the City Council of the City of Aspen on 4 A Times 197 'and published in the spen , -' a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of March 14 , 197,.,.!, and was finally adopted and approved at a regular meeting of the City Council on' Mrlrroh ?t; , 197~, and ordered published as Ordinance No. 12 , Series of 19l__, of said City, as provided by law. IN WITNESS WHEREOF,' I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 26th day of 'March , 197~. /J;:::__~J ~;;aine Graves, C~ty ClerK '- '-"---~---~--.~---' . ."...., RECORD OF PROCEEDINGS 1 00 Leaves , '01111 ~ C. f. II~rCK[l B. B. " l. '0. ORDINANCE NO. ~3 ~ (Series of 1974) AN ORDINANCE EXTENDING THE PROVISION OF ORDINANCE 19, SERIES OF 1973, (AND AMENDMENTS THERETO) UNTIL OCTOBER 31, 1974, AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT THEREOF WHEREAS, the city Council is apprised that the provisions of Ordinance 19, Series of 1973, will expire on or after July 23, 1974, and WHEREAS, the purpose of Ordinance 19, Series of 1973, was to prevent the issuance of building permits in derogation of intended changes to the Aspen Municipal Code, more specifically, the zoning code and district map incorporated therein, and WHEREAS, the procedures for adoption of such code and map have been initiated by the City Council and Planning and zoning Commission but will not be completed prior to October, 1974, and . WHRREAS, it is the desire of the As~en city Council to extend the effect of Ordinance 19, Series of 1973, and amendments thereto, for a period sufficient to allow the adoption of the new proposed zoning code and zoning district map, and to provide for such extension prior to the expiration of Ordinance 19, Series of 1973, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the termination dates of Ordinance 19, Series of 1973, Ordinance 34, Series of 1973, and Ordinance 12, Series of 1974, be and hereby are extended to October 31, 1974, and all provisions of said ordinance by this f""- /"', RECORD OF PROCEEDINGS 100 Leaves .. 'DIIM It C., "f'~CKrl!. e. II L. co. reference be readopted for such period as completely as if incorporated herein in full. Section 2. Inasmuch as the provisions of Ordinance 19, Series of 1973, (and amendments thereto) lapse on July 23, 1974, and that the intents and purposes of saiq Ordinance 19, Series of 1973, would be defeated if said ordinance be permitted to lapse without the prior adoption of a new zoning code and zoning district,map, it is hereby declared that an emergency exists and that this ordinanc~ be adopted as an emergency measure, that neither a public hearing nor first publication be required, and that said ordinance become effective immediately upon final passage and be published within 10 days thereof or as soon there- after as possible. Section 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the ordinance which can be given effect "1 without the invalid provisions or applications and to 'I this end the provisions or applications of this ordinance are declared to be severable. INTRODUCED, READ AND APPROVED at the regular meeting of the Aspen City Council in the City Council Chamb ;v' , 1974, Building, Aspen, Colorado. /~ ATTEST: , q~?~,d~J ___-city Clerk RECORD OF PROCEEDINGS, 100 Leaves rot/II III c. r. HotCKfL ~. '0 a l. co. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law for the enactment of an emergency ordinance by City of Aspen at its special , 1974, in the meeting City of ATTEST: ~ ~/ ~.. ./ ;;0 ~":j ~--+---~ - Stacy Mayor (!ley I II '--- _?6t: ~-P " ~~7~' 4~H<) L...---City Clerk .._,....",' \, STATE OF COLORADO) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council o~ the City of Aspen on July 22 , 197~,~~~3tt~kMMxt~x~~~x~~xxxxx , ::ax~~~l)X~~~~r:xeff~~NKt15tl'fX15tllSl1~~~~~X~JHX}{:~ ~~Nx~x~X~~~X~X~~X~~~~~X~~XXXXXXXXXXXXXX~X~~ , special and was finally adopted and approved at a K~gM*fix meeting of the City Council on July 23 , 197~, and ordered published as Ordinance No. 32 , Series of 197-!, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 26th day of July , 197 4. SEA L ;7 Published in the Aspen Times August 1, 1974 I ' ". ... 'Onlll \l c. '.II~rClrn, 8. 8. ~ l. t:n. RECORD OF PROCEEL INGS 100 Leaves ORDINANCE NO, 610 (Series of 19m- AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DIS'l'RICTMAP THOSE ORDINANCE 19 APPROVED BUILDING PERMIT APPLICANTS WHO SHALL SUBMIT THEIR FINAL PLANS ON OR BEFORE DECEMBER 31, 1974; WHO SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCT10N OF EXEMPTED PROJECTS WITH REASONABLE DILIGENCE WHEREAS, the Aspen Planning' Commission, pursuant to its authority granted in Section 139-59-1, et seq., C.R.S. 1963, as amended, did present to the Aspen City Council the 1973 Aspen General Land Use Plan, incorpor~ting its reCOlli- mendations for amendments to Aspen's Zoning Code and its Zoning District Map, and WHEREAS, it was determined by the City Council that the objectives and purposes of the anticipated land use changes would be defeated if building permits issue for structures and uses inconsistent with 'the Commission recommendations prior to adoption of a new zoning code and district map, and the issuance of permits only in accordance with the anticipated changes would aid in the orderly and efficient adoption of a new code and map, and WHEREAS, to effectuate this transition the City Council, did, by Ordinance 19, Series of 1973, direct the review of all building permit applications by the Commission with the authority to allow or deny the same according to the criteria stated in said Ordinance 19, and WHEREAS, the Commissj,on has, by its Resolution dated October 8, 1974, recommended to the City Council a zoning code 'and district map for the Council's consideration -, , , RECORD OF PROCEEDINGS 100 Leaves FOIl" ~~ c, r. IIO( r~ fl D. B. ,\ l. '0 ---.-.- - and Council has initiated its review of the same, and WHE,REAS, pursuant to Ordinance 19 review several projects have received Planning and Zoning Commission approval but the applicants therefore have not submitted final plans nor received a valid building permit, and WHEREAS, Ordinance 45, Series of 1974, provides that whenever the Planning and Zoning Commission has properly initiated proceedings to amend the text of Chapter 24 or the Zoning District Map pursuant to the provisions of Chapter 24, and the Commission has, subsequent to public hearing, adopted a Resolution recommending to the City Council approval of such amendment, no building permits shall be issued by the City Building Inspector which would be prohibited by the proposed amendment for a period of one (1) year following the date of such Commission Resolution, and 'WHEREAS, the Common Law of the State of Colorado provides that an amendment to a zoning ordinance applies to all landowners unless they have procured a valid build- ing permit and acted in reliance on the same, in which event they shall be allowed to proceed with their original application even though in conflict with the change, Michael Saul' v The County Commissioners of Larimer County (Colo. Sup. Ct. August 13, ,1974), County of Denver v Denver Buick, 141 Colo. 121, 347 P2d 919, Cline v City of Boulder, 168 Colo. 112, 450 P2d 335, Crawford v McLaughlin, 172 Colo. 366, 473 P2d 725, and WHEREAS, the City Council wishes to provide for those applicants who have received final approval (under Ordinance 19) from the Commission to proceed, for a limited period of time, with their applications even though said applications may be in derogation of, or in conflict with -2- / , RECORD OF PROCEElJINGS ' 100 Loaves '011"" c. F. ~orcltn a, R.1I l. co. the specific provisions of the proposed or adopted zoning code and district map, and WHEREAS, such authorization should be made with the same degree of formality as those provisions mandating different zoning criteria, namely, by ordinance fully adopted and and approved, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following construct:ion projects shall be permitted to proceed, under the conditions hereinafter enumerated, the provisions of Ordinance 45, Series of 1974, and any zoning code and district map modifications herein- after enacted, to the contrary notwithstanding: (a) The Woods Building Remodel (b) The RBH Office Building (c) The 620 Hyman Office Building (d) The Stevens-Ginn Building Section 2 That as conditions for such grant: (a) All permit applications must be submitted, in their entirety, and permit fees paid, on or before December 31, 1974. (b) The Building Inspector shall issue all permits hereinabove provided for on April 15, 1975, unless the plan check is completed and approved and a permit requested by the applicant prior to April 15. -3- : RECORD OF PROCEEDINCS 100 Leaves '~RII 'j c. r. IIIlEtKrl H. R. II- l, ~Il (c) All applications shall fully comply with the Zoning Commission reco~~endation (unless a ~i " ! ~ ~ , 1 I , . . ;' zoning code and distrjct map provisions in existence prior to the pending Planning and variance has been granted by the Board of Adjustment); with the reqJirements of the . Planning and Zoning Commission imposed under Ordinance 19; with the Uniform Building Code, Uniform Electric Code, Uniform Housing Code, Uniform Plumbing Code and Uniform Mechanical Code, as adopted and approved, or may be adopted or approved by the City of Aspen (unless a variance shall be granted by the Board of Examiners and Appeals). (d) All applications shall be identical to those presented to the Planning and Zoning Commission under Ordinance 19 Review but any applicant may amend his application in limited particulars to conform with the recommended zoning prior to its adoption by the City Council (and to the fully adopted code and map after Council adoption) and still enjoy the immunity of this ,Ordinance. In the event an application shall completely conform to the proposed code pending adoption and later to the adopted zoning code and district map, permits shall issue as if a new application and the limitations of this Ordinance shall be deemed of no further force and effect to said application. -4- ) '< RECORD OF PROCEEDINGS 100 Leaves 1011... 'I c. r. 1l0[!KH. ~. R. ft I. t~, (e) There shall be made no extensions or exceptions of this Ordinance for the benefit of the above or any other applicant, and it shall be of no consequence that financing or other obstruc- tions to the progress of the development, beyond the control of the City of Aspen, have occurred subsequent to this grant. (f) Every permit issued pursuant to the provisions of this Ordinance shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 120 days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. If such permit shall expire for failure to so proceed, no new permit shall issue except in conformance with any then pending or fully adopted zoning code provision. Section 3 , If any provisions of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the ,invalid provisions or applications and to this end the provisions or applications of this Ordinance are declared to be severable. Section 4 A public hearing on this Ordinance shall be held pn '''-7/o-'-l.?,tLJ II , 1974, at 5 p.m. in the City Council Chambers, City Hall, Aspen, Colorado. -5- , , RECORD OF PROCEEDINGS 100 Leaves H"I" 'I c. r.I"'H.Kl.l~. B. & l. (n. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, on the "-:;?9 day of @,-~~ , 1974. ATTEST: ,/,/ ~) . // /' //,// /?.r;'/ ~~ ~,<,,-'C-.~ ~// ~..----i-~--,. ),'..~-_. .:,_. .._ -;..--.4::'-L'~~-'" Stag tandley III Mr <CM_ ~~-<w ~~,~~ L----- orra~ne Graves City Clerk FINALLY ADOPTED, PASSED AND APPROVED this of )1/!-l~#~ , 1974. // day ~ ~~:~_ .~~/ .,-c ~ ~'-"'" ~---=-- Stacy Standley III Mayo ATTEST: -lil , )~dk / ~' '.r~.-.-, ./C-C'l.cK,J Lorraine Graves City Clerk , . STATE Of COLORADO) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance ,vas introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on . October 29 , 197~, and published in the Aspen Times, 0" a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of October 31 197,1-, and ,,,as finaJly adopted and approved at a regular meeting of the City Council on November 11 , 197JL, and ordered published as Ordinance No. , Series of 197-A' of so said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 1:::>rn day of November , 197 4. SEA L -"~'-:J~~~4~ L----/t;orraineGraves, City Clerk -, ~ l. I i I I I I: I: I. I I: Ii r ~ ~ l , 1 .i ~ ~ ;! !l " I ;1 :! I q I :i II 1 I I I I I I 1 i I , ,r'. , ) .-.' RECORD cr PROC[ED:NGS 100 Lea:ves r01l1l \l c. t. HC[CKfL~,~. a l. co. ORDINANCE NO. ~~ (Series of 1975) AN ORDINANCE EXTENDING THE EXEI-lPTION FOR THE 620 Hn1AN BUILDING FROI-l THE NEW ZONING CODE, ORDINANCE 11, SERIES OF 1975, ALL AS ORIGINALLY PROVIDED BY ORDINANCE 50, SERIES OF 1974; PROVIDED THAT THE APPLICANT SHALL SUBMIT SUBSTITUTE BUILDING PLANS ON OR BEFORE JUNE 15, 1975; SHALL OTHERWISE COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL, ON ISSVANCE OF A BUILDING PER- MIT, PROCEED WITH CONSTRUCTION OF THE F.XEMPTED PROJECT l-nTH REASONABLE DILIGENCE WHEREAS, pursuant to the provisions of Ordinance 50, Series of 1974, the 620 Hyman construction project received exemption from the recommended recodificati"n of 'the City of Aspen zoning code and district map, contained in Ordinance ll, Series of 1975, and WHEREAS, the developer of the project has proposed a substitute building presenting an exterior design acceptable to the City Council and prefer~bie to that of the exempted project, and WHEREAS, the City Council has determined that the public welfare would be enhanced if the newly proposed structure was built in lieu of the earlier exempted project, and .' W1EREAS, the Common Law of the State of Colorado pro- vides that an amendment to a zoning ordinance applies to all land- owners unless they have procured a valid building permit and ,i acted in reliance on the same, in which event they shall be allowed, to proceed with their original application even though in conflict with the change, Hichael Saur v. The County commissioners of Larimer county, (COlO. Sup. Ct. August 13, 1974), County of Denver v. Denver Buick, 141 Colo. 121, 347 P2d 919, Cline v. City of Boulder, 168 ......... , ) RECORD OF PROCEEDINGS 100 Leaves fortll ~ e, r. MOECKrL B. B. a L. co. Colo. 112, 450 P2d 335, Crawford v. ~'!cLaugh1in, 172 Colo. 366, 473 P2d 725, and ~mEREAS, the City Council wishes to extend the exempLion of Ordinance 50, Series of 1974, for a period of approximately ninety (90) days to allow resubmission of plans and issuance of a permit, and thus to grant immunity from any zoning code changes that may be adopted in the interim, ~mw, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the 620 Hyman Building construction project shall be permitted to proceed, under the conditions hereinafter enumerated, the provisions of Ordinance 45, Series of 1974, Ordinance 50, Series of 1974, and Ordinance 11, 1975, to the contrary notwithstanding. Section 2 That as conditions for such grant: 'a) \, The permit application for the substitute structure must be submitted, in its entirety, and permit fees paid, on or before June 15, 1975. The permit applic- at ion shall substantially conform to the working drawings submitted by the developer to the Aspen City council at its continued meeting held March 13, 1975. (b) The Building Inspector shall issue the permit hereinabove provided for on July 15, 1975, unless the plan check is completed and approved, and a permit re- quested by the applicant prior to July 15, 1975, -/." ,-. / ""'. '> REeOiiD Ot PR0CEElJii,jGS 100 Leaves '0I11ol\. C.f.MO[CKEl.n. B.ll. t,Cll. (c) The application shall fully comply with the zoning code ,and district map provisions in existence prior to the pending Planning and ,Zoning commission recommendation (unless a variance has been granted by the Board of Adjustment); ',lith the requirements of the Planning and zoning commission imposed under Ordinance 19 r Series of 1973; ',vith the Uliiform Building Code, Uniform Electric Code, Uniform Housing Code, Uniform Plumbing Code and Uniform Mechanical Code, as adopted and approved, or may be adoptetl or approved by the City of Aspen. (d) There shall be made no extensions or exceptions of this Ordinance for the benefit of the above, and it shall be of no consequence that financing or other obstructions to the progress of the development, beyond the control of the City of Aspen, have occurred subsequent to this grant. (e) The permit issued pursuant to the provisions of this Ordinance shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred twenty (120l days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. If such permit shall expire for failure to so proceed, no new permit shall issue except in conformance with any then pending or fully adopted zoning code provisions. Section 3 If any provision of this Ordinance of the applicatioll -3- , , '" RECORD OF PROCEEDINGS 1 00 Leaves fCM"'" c.r,UO[CKHB.S.&t.CO. ..-----~-- thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions ,or applications of the Ordinance which can be given effect without the invalid pro- visions or, applications and to this end the provisions or applic- ations of this Ordinance are declared to be severable. Section 4 A public hearing on this ordinance shall be held on the ~S" day of O~:J.-<...~ .i..;) , 1975, at 5 P.~'l. in the City CounciJ (/ Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the city Council of the City of Aspen, at its regular meet- ing held (]/J4i!...o /1, 1975. , I ATTEST: -j~ dZ.. FINALLY ADOPTED AND APPROVED ON ~~ .02~ 1975. Stacy Stnadley III, Mayor ATTEST: far1~) Kathryn Ha ter, #~ City Clerk -4- , , '....... 'i STATE OF COLORADO ) ) ss ) CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~:L ~/ , 1970, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of (.Z.-~ '/"'7 , 197_2> , and 'vas finally adopted , / and approved at a regular meeting of the City Council on. ~"L o?% 197~, and ordered published as Ordinance No. =?S- Series of 1976 , of said City, as provided by law. IN WITNESS WlillREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this c:2 ~ day of 7'nar , 197::J . ~L.b/<.A~) /d 4'",--<-...ZeA. / Kathryn S. auter, City Clerk .. " ^ ,,JJ(~/~I' 1b l/ it> - , RECORD OF PROCEEDINGS 100 Leaves fORM'" C.:. H.1E~I(Et 8. O. I!. l C~. (Series of 1976) " ~, ORDINANCE NO. ~ AN ORDINANCF. ]~lENDING SECTION 24-3.7(d) OF THE ASPEN MUNICIPAL CODE (THE OPEN SPACE REQUIREHENTS OF THE ZONING CODE) PROHIBITING THE USE OF REQUIRED OPEN SPACE FOR COMMERCIAL ACTIVITY (UNLESS AS AN ADJUNCT TO USE OF AN ABUTTING RIG~T-OF-';lAY) WHEREAS, the Aspen City Council is of the opinion that the intents and purposes of the open space requirements of the zoning code will be better satisfied if open air commercial acitivities are prohibited within required open space areas, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COBNCIL OF THE CITY OF ASPZN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a subsection to Section 24-3.7(d) which said subsection reads as follows: (8) Anything hereinabove to the contrary notwith- standing, no area of a building site designated as required open space under this section shall be used for any commercial activity, including, but not by way of limitation, the storage, display and merchandis- ing of goods; Jrovided, however, that'the prohibitions of this subsection shall not apply when such use is in conjunction with permitted commercial activity on an abutting right-of-way. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 That a public hearing on this ordinance be held on the day of , 1976, at 5:00 P.!l. in the City Council Chambers, ,:\spen city Hall, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of ) RECOF;D OF PROCEEDINGS 100 Leaves rOROl ~ c. r. ~Ol:CIl.[L B. R. a L. co. general circulation in the City of Aspen, Colorado. INTRODUCED, ry~AD AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held , 1976. STACY STANDLEY, III, MAYOR ATTEST: KATHRYN S. HAUTER, CITY CLERK FINAI,LY ADOPTED AND APPROVED ON , 1976. ATTEST: STACY STANDLEY, :':11, 'IAYOR KATHRYN S. HAUTER, CITY CLERK \ \ \ \ \ \ \ \ \ 1, ,,'. i.j ( Aspen City Council May 14, 1973 ...~.~.~-...- -",-,._-"~-,-..,.,...-......-~~~~~--~"",,",..,..,,..,,..,.~~-~---,---~--,-,..~~----_.- -.. Regular Meeting <,.~.~,,-----,,-'--"7-"-"__ .~~- { 117, , 1973 ,1' .'t H8, . :1' 1973 ,ft'! nq, :1 1973 , I Courts . Fork ~11gn ~ :tct ~ I , councilwoman Markalunas moved to read on first reading Ordin~~ce #17, Series of lQ73. Se- conded by Councilman Nystrom. All in favor, motion carried. ORDINANCE 1117, SERIES OF lG73, "AN ORDINANCE AMENDING SECTION 24-9 OF CHAPTER 24 OF THE' MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY THE ADDITION OF SUBSECTION (h) RESTRICT- ING HEIGHTS OF STRUCTURES WITHIN AREAS NECESSARY TO PRESERVE MOUNTAIN VIEWS", was read by title by the City Clerk. II Councilman Nystrom moved to adopt Ordinance #17, Series of 1973 on first reading. seconded.i by Councilwoman Markalunas. Roll call vote - Councilmen Nystrom, aye,: Breasted, aye: Griffin, aye; Markalunas, .aye; Mayor) Homeyer, aye. Mot5,on carried. Councilwoman Markalunas moved to read on first reading Ordinance #18, Series of 1973. Se- conded by Councilman Nystrom. All in favor, motion carried. ORDINANCE 1118, SERIES OF 1973, "AN ORDINANCE AMENDING TIlE ZONING DISTRICT MAP OF THF, CITY OF ASPEN, COLORADO, DATED APRIL 3, 1967, AS AMENDED, DESIGNATING ALL OF BLOCK 23, EXCEPT LarS H & I, CITY AND TOWNSITE OF ASPEN, COLORADO, AND THE STALLARD HOUSE SITUATED THEREON, AS AN H, HISTORIC OVERLAY DISTRICT", was read by title by the City Clerk. Councilwoman Markalunas moved to adopt Ordinance #18, Series of 1973 on first reading. Seconded by Councilman Nystrom. Roll call vote - Councilmen Markalunas, aye; Griffin, aye: Breasted, aye; Nystrom, aye; Mayor Homeyer, aye. Motion carried. Council agreed to establish the public hearings for Ordinances #16, #17, and #18 for May 29th, at 4:00 p,m. COuncilman Griffin moved to read Ordinance #19, Series of 1973,on first reading, Seconded by Councilman Nystrom. All in favor, motion carried. ORDINANCE 1119; SERIES OF 1973, ,. AN'ORDINANCE PROVIDINC FOR BUILDING PERMIT REVIEW PEND- ING ADOPTION OF NEW ZONING ORDINANCE" was read by title by the City Clerk. Council agreed to establish the public hearing on (Ordinance 1/19, Series of 1973 fOrL.l.-..~~ June 11th. ~,'. <..: )",dcJ Mayor Homeyer informed Council Mr. Armstrong, Parks and Recreation Director, has reauested Council authorization to proceed with the 2 tennis courts at Iselin Park utilizi.ng the $10,000 in the City Budget and tae $10,000 from the school. Matching funds not available, Councilwoman Markalunas moved to authorize the Parks and Recreation Director to proceed as proposed. Seconded by Councilman Nystrom. Councilman Breasted stnted he is against increasing utlization of thls park due to the traffic and pedestrian problems. Roll call vote ~ Councilman Nystrom, aye; Breasted, 'nay; Griffin, aye; Markalunas, aye: Mayor Homeyer, aye. Motion carried. Council reQuest a personal letter be drafted to the students'-;of the University of Colorado for the comnendable work they did on the mall designs. Councilwoman Markalunas reQuest a report on the progres~ of the bikeways and why the back- stop has not been moved from the golf course area as reauested by Council a year ago. .: ., " 1 II Ii il '1 II Nys trom. Ii i: Ii I Ii ii II il " I! II Councilman Breasted suggest a foot bridge be constructed across Castle Creek for better pedestrian access to the recreational area at Iselin Park.' Council request the City Attorney draft a resolution to go to the ungraded students for the commendable job done on the Highway 82 pick-up. Councilman Griffin moved to adjourn into executive session, seconded by Councilman All in favor, motion carried. Councilman Nystrom moved to reconvene into regular session and adjourri, seconded by Coun- cilman Breasted. All in favor, meeting adjourned at 7:00 p.m. "1 ,..': C::ig' ,d, . ~':'L.~ .,1.-1'1/ Lorraine Graves, City Clerk !." ,. ~ C'~''- . f; , , t, t ( f I [~; ~ , l. },; ; . ~. ':.i ,';.. , , , , r. Ie f'" io t'" ,1 b F~_. h' I , r~ , ~. '!""-' , . 1448 ,.R~_9\..tla.f~l;!~e.tJng ASp~.n_,..C.J~L_CQ,u[l..sA~___~".;....,.___.--.._............_J,Ufle 11 .,. -,_.... ..' .' - " ,... ..... .,.. -- '. ., 1;17~ -II Meet:ng was called to order by Mayor Eve Homeyer at 4:05 p.m. with counci~:::--:'m'- ;;ROSS Griffin, Ramona MarkalunaQ, City Attorlley S~mara Stuller and City Manager RU~: t~rp'~~l, : , . Cdl't l't:., !!correspondence from Councilman Francis.Whitaker was read by Mayor Homeyer stating his ': regrets and absence from this meeting. Ii Councilman Griffin moved to approve the minutes of May 29th as prepared and mailed " ~ ;;the City Clerk. Seconded by Councilman Breasted. All in favor, motion carried. !i ::Councilrnan Jack Walls arrived. li',.f; { . 'Y II Form required by the State for extension 'of Liquor licensed ~Council and City Attorney repo~ted all was in order. I' ' !Councilman Griffin moved to approve extension of '!Seconded by Councilman Breasted. Roll call vote :: Markalunas, aye; Walls, aye; Mayor Homeyer, aye. premises was submitted to ~.j. ~ :... , the liq,;-or licensed premises as. submitt-e1 - Councl.lmen Breasted, aye; Griffin ','" Motion carried. ' a~cl )i Mayor Homeyer opened 'the pUblic hearing. . Ii City/County Planner Herb Bartel stated the ordinance has been am~nded to provide and making it specific that the Planning and zoning Commission adopt a building permit rcvi~ criteria. The Commission does not, at this time, have the specifics, therefore, aSkinqlW that only the public hearing be held today and second reading of t1le ordinance be at the next regular meeting. I IMr. Bartel explained the intent of the ordinance is to provide the Planning and Zoning ICommission the tool to review building permits during and for one year while the zoning I co~e and master plan up-dating proced,;-res are going on. If these procedu~es are accompl i ~~:..,.,~ 'Iprl.or to the end of the one year, Ordl.nance #19 would no longer be effectl.ve. This oruir.- lance will require a great deal of additional work for the P & Z Commission and in additio:i I they may turn something down that is part of a current plan and th~re is the potential of ! lawsuits. Building permits are about 2~ million above what they were at this time last j year. This ordinance will provide the time; a lot can happen in this o~e year that may be I: in conflict with general pOlicies. II iThe elements for the basis of review are as follows: (1) land use plan; (2) building !;permit criteria; The Planning and Zoning Commission desires to interject into the plan '11 design concepts i.e. view control, historic designations, etc. Further they want to addrE~~ ,!the problem of rate of growth; they are saying the second home market needs to be analizcd. 'lIThe transportation and land uses need to be reviewed relating to serving the ~and uses by ia transit system. There is the social problem of housing. We are not getting any perman- lent housing which is in competition with the second home market. Finally need to consoli- I date all that has happened to date and compile the information into a single document. I '[ The first basic change. in the land use map is the AR zone into single family residences. Generally P & Z feels the lodges, motels should be in the central area for better trans- ,I portation and pedestrian movement. .'.:. Mr. Bartel stated the Planning & Zoning Commission was split 2 to 2 on the criteria. Main controversy oVe~',vhether a minimum density figure should be set as the basis for review or should all building permits be reviewed. The review process will include parking, ,historic designation, listing the uses and those that will be exempt from review and those 11 that would require review. Additions would come under review, remodeling would not. lcouncilman Walls questioned the advisability.of the tourist accommodation uses becoming I non-conforming uses following. the adoption of the revised land use plan. Further questioned 1 what is the definition of permanent housing. . ~; ~ 1. f... ti!! . i!'.:. d , ..t, fl ~ .~ ~. ~'; .=l!;; , , Mr. Bartel explained they have talked about se~ting a time limit somewhere around 6 month leases and may have to have an inspector. Ski Corporation has stated they intend to limit the number of skiiers on the mountain, the skiing industry and the land uses should be compatable. Any uses that are not listed would automatically corne under review. Mr. Steen Gantzel, owner of the Christiana Lodge on West Main submitted to Council a i letter outlining his objections to the ordinance and suggestions. Mr. Gantzel suggested lthe lodges that presently exist, large portion have been in operation for many years, Ibe allowed to finalize their growth and business. Present homes should not be allowed.to I revert to lodges but must remain as permanent housing. Do not feel tourist accornmodatlons I should be limited to the downtown area. Not as concerned about Ordinance #19 as with the rezoning that will be the result of this ordinance. The entire west end will be rezoned. I Feel residential and motels are a compatible arrangement. Mr. Bartel stated existing uses are a difficult problem and at this' time do not have the I answer. Planning and Zoning will have to recognize this as a part of the total plan. Presently feel existing uses would corne under special review. To deal with the problems ijPeOple ~ant the City to deal with requires s~me strong legislation. _ II Mr. Gantze1 stated no one will be able to afford to do anything for a year ,because they :jwill not know what the zoning will be one year' from now. When the rezoning of the west i end takes place as generally proposed today, there will be 15 lodges that will be non- i conforming uses. 'Ih,'!' : 1; f f ~ ."." " Mr. James Adams, Chairman of the Planning and Zoning Commission stated what the commission is saying is they do not want to see any further tourist businesses in the west end of town~ Two alternatives were open to the P & z, (1) call a rnoritorium or (2) allow some growt~ to occur. ': !-; r: (next page) 'I II liTra;; , isubd: I;Rc9u.:.:. I ^"er,,: There being no further comments, Mayor Homeyer closed the pUblic hearing. "'.......,.,.~....,~,..~":'''''.''=....'~~,''''.,..,....",.,~>.,~,,':~~'''''':~.~ -' ! ; '-,-) J.1".J.:.,., f......., .~~~Reg\ll~LMeetin" A~~C;i..tLCQ.UJ;1.>:it~ .,.:(\ln~~2.~~1973.. f ~:~~~:~ ;:~e~:~~~dJ;~~~r~;~a:~e~:O~e~~mDe~~e~~~~~,S~:~~n:~~~~~:iu~;;: ;;~~ ~~;~~~l~~~haOi I Hehrendt, City Attorney Sandra Stuller and City Manager Russ .Campbell. Councilman Breasted moved to approve the minutes of June 4, 6, and 11th as prepared mailed by the City Clerk. Seconded by Councilman DeGregorio. All in favor, motion and carried. I Mr. Wolfe From Garmisch request a letter from Council indicating a welcome committee of some sort will be on hand to receive visitors fram Garmisch under the sister Also setting up travel arrangements for people from Aspen to visit Garmisch. agreed to have Mayor Standley send a letter to the BurgeDmeister of Garmisch visitors to Aspen from Garmisch. city program. Council inviting Mr. James Grinnel submitted and read letter relating to Ordinance #19. (See full text during public hearing in these minutes). i Or. r Mountain Queen, Final Plat - City Engineer submitted a memorandum to Council stating a request to table this item d~e to problem of fire protection for this subdivision. Councilwoman Markalunas moved to table this ite~. Seconded by Councilman Walls. All in favor, motion carried. ORDINANCE #19, SERIES OF 1973 _ City / County planner Herb Bartel stated at the last meeting, the intent of the ordinance was ~iscussed. Since that time, the Planning and Zoning Commission has reviewed the criteria which is now before the Council for approval. Further pointed out that in addition to the criteria, the Planning and Zoning Commission will be using the interim land use plan. . Within the next couple of weeks will be working at getting copies of the map out and then will proceed with the up_dating of the criteria. Will be asking for market feasibility studies for offices to find how large an activity this is. Further need to relate second home market to professional offices. Planning and Zoning will be continually amending the criteria as time goes on. List of building permits pending now before the Building Inspector was submitted; list not including single family dwellings. Councilwoman Markalunas moved to re-open the public hearing on Ordinance #19, seconded by Councilman Walls. All in favor, motion carried. I Councilman Walls read the following correspondence and ~equested they be made a part of th~ record: "Dear Mr. Mayor, Ladies and Gentlemen of the Council: The Aspen Board of Realtors is deeply concerned about the pending enactment of Ordinance No. 19. While we are generally in favor of the proposed revisions to the MAster Plan and corresponding zoning changes as required to imple~ent the revised Plan, we believe that Ordinance No. 19 is not a well advised step toward the accomplishment of community goals. Our concern mny be su~rized as follows: Enforcement of the ordinance is keyed to planning and zoning commission (P&Z) approval or disapproval pf proposed development "in accordance with the amended general land use map and accompanying text". Although the map has been available for inspection in the Planning Office, the text of the review criteria remBins, by and large. a mystery to the general public. Neither the ~p nor the test has been widely disseminated. As a result, the public has been "shortchanged" of any real opportunity to give thoughtful analysis and reflection to this comment to the City Council. The so-called "review criteria II that we have recently seen do not contain objective standards for P&Z to apply. Instead P, & Z is clothed with almost absolute discretion to make subjective decisions. Finally, we doubt very much that restricting tourist accommodations by rezoning from AR-l to residential will in fact "provide residential areas for permanent resident~, (and) broaden the economic base of the community" as stated in the preamble to the ordinance. It is unwise to merely assume that these desired social and economic benefits will result from the amended general land use map now proposed. Without definitive studies to guide and justify both Council and the community in their efforts to enhance the quality of life in Aspen, wholesale rezoning on nothing more than a hope and a prayer approaches irresponsibility. We would now like to expand on each of the three points made in the ,foregoing su~ry. A. The public has not been adeQuately informed. Ordinance No. 19 was first read on May 14 and was published two days. later. It was not until May, 21 that Council got its first look at the amended map. On that .occasion Mayor Homeyer was fluoted as saying that she IIhad a terri.ble feeling there's a lot we donlt k~ow I about this map so we really donlt know what Questions to ask.1I City Planner Bartel sald the new plan was as significant as the original general plan and added "Itls just too big I to try and soft .pedal." II II "........--..-..~,"'.~,...,..."'!"'I""'~,.,'':;:..,,'-''''''-,--~-:'':''~-.--'~ , ..,... ... 1 i: !: Ii r ' ' s;. . c; ~ " Pt,,! ~-",gul _.~_..... 1 ,i II BY ~\, , rev.l..-t.: I Ii comml , \ con tr , , I and' , i ! in Ci I ~, sign i I I 1\ sec,:' \ , It bel]!. , \\ and ~ I I l1\l" co.., B. The I I The , i "Ap: i aCC. thi' I ! t1Th f cri use , \i ~~t , ! i \ aV~ . th" 1 t di Th "0 on n I kr \ aJ \ ~. I t 118 t ~ I; ( Ii, 1\ l I', I II II ii, , \' Ii Ht S,. , ....'. 0,- B!:j Rt' '.'. ~ i t ~. ~ ~ , ......~...~. ,,"'" ~ .,~ , " ~. ( , f t ; t i I I . i , i 1 ~ . J '" '~, ........~,.,;...c_~~,_:.__ ..... ._.____c.. .,.-' r" 145=3 " , ~&ulJlr M~eting (cQnt.1. I Aspen City ~~Sil June 25. 1973 By the time the public hearing came along on Jlm~ 11, P & Z had .till not decided 00 specifc review criteria and it was reported that only one member of the genera~ public App~ared to J comment on the ordinance. This should not be read as Rn indication of apathy. On the I contrary, it truly reveals the almost total lack of public information as to the significan e and far reaching effects of the ordinance. Simply making the map available for inspection I' in City Hall is less than the full and adequate public disclosure that a chRnge of this significance should warrant. There is a substantial difference between not keeping it a secret and really taking it to the public on a full information basis. We sincerely believe that the public has been "short changed"; that Council should rectify thllt situatio and should not enact Ordinance No. 19 in the absence of informed public discussion and comment. j } id " . I , B. There are no objective review criteria. The scheme of Ordinance No. 19 calls for P & Z review of practically all building permits. The really significant language of the ordinance is as follows: "Approval or disapproval shall be in accordance with the amended general land use IMp and accompanying text which, for purposes of the review procedure, are hereby msde 8 part of this ordinance. 11 " ! ~ i' :j II " "The Planning & Zoning Commission is further authorized to establish additionRl review criteria for application in the review procedure. provided, however, that such excepted , uses and review criteria must, prior to their application, be approved by the City CounciL" I !' Until the review criteria are established, the ordinance is incomplete and no one knows how it will be applied. Within the last week so-called review criteria have been made available but unfortunately they shed no light on whllt is going to happen. Such bRSic things as building bulk and height, parking and density are committed to the total discretion of P & Z without any objective legislative stand"rds. Take density for exa~ple. The "Criterionll is: L' rl , I, ; "Density set by Planning and Zoning Commission at the time of building permit review, bRsed on site plan review physical conditions of site, ~mpact resulting from the development." Thi~ standard, if it is a standard, is so vague that neither the, landowner nor P & Z can know what it means. How does one measure "impact" unless there are some objective stand- .. ards. It is difficult to imagine a grant of more arbitrary and unlimited discretion. How II can the landowner have any plans drawn if he hasn't the slightest idea of permitted de~sitYii or of acceptable building bulk and height? Moreover, P & Z customarily relies heRvily on ,I the recommendations of the Planning Staff. We cannot believe that Council would willingly ii' abdicate its responsibilities to provide a~equate legislative standards for this community. , Yet Ordinance No. 19 in its present form does exactly that by concentrating Rbsolute i, discretion in P & Z and, through it, in the Planning Department. Until objective criteriR II are developed and adopted, Ordinance No. 19 is defective from every standpoint. Small wonder the general public has been unable to air its views to the City Council. ~ C. The social and economic conseQuences of Ordinance No. 19 are unknown. I I I I 't Ordinance No. 19 seems premised on the notion that reducing the proportion of tourist accommodations to total capacity will necessarily increase permanent resident housing, benefit the economy by broadening its base, and alleviate certain transportation problems. We seriously question this premise and strongly suggest that there is an almost total absence of reliable study information to underpin this thesis. ", Tourism is tourists. community. own or the the basis of this community. All business activity is dependent upon securing The wide variety of housing available to tourists is an integral part of the Future concentration in a "holding pen" enclave is not in keeping with our tourists' best interest. i ".; ,i >, Concentration will have a deteriorating affect on the tourist and the City. The tradition-I a1 (3-6 month) summer visitors rent condominiums 8S lodges and private homes CRnnot h~ndle this type of semi-resident. Summer visitor growth is increasing at a greater r~te than winter visitor growth. They do not use the mountain and the proposed future concentration of summer visitors would suit neither visitor nor resident as a large majority of summer activities are located at the Music Tent and Institute. '.,j There is a continuing myth that we have an employee housing shortage. We do h~ve 8 cheap housing shortage, but the proposed rezoning will not alleviate that problem. The current land cost in the AR-l District is approximately $7 per snuare foot, or $10,500 per building unit for apartments. In the existing R-6 District the going price is about $40,000 for 6,000 sQuare feet of single family or duplex building lot. No amount of re- zoning or density reduction will reduce these prices. They may falter in their infla- tionary trend but" they won 't reverse the trend. Three years 8g0 the density in AR-l w~s cut in half, at that time AR-l land was selling for $4.50-$5.00 per snuare foot Rnd the average land cost per apartment unit was $3500-$3700. I , 'I II ~ II , I I ;~ I ~ i ~ " :'i ! !i n,',.'.~c'r .~~.~~~":"""7""'''''':'''''''''''''--''''''''~ . ~ . -' ,_,~,,"....,;:><,~c '" '. ._,.._.,.J r-,~~~',.~ .~ ~'r- .~~ "'. ~ - '.~i" "",~, i v f. ~.. , ' \ ; . f.~" ~' ,. ~.,. (.~ >,"" :/~ !'-~ L h ;~~ ."~,>,",-",,.,_....,.-:;\j>..~ ~~F''''..J.A..A'''' ,'ou .,'.,~""."" .....~., ..._ "'-.~~.~".:';;"';'i................~~",'-""'-'~"'':-'''~''~c.-.:..., '.. ',..,.....:.~ 1454 Regular Meetin~n.t.)Aspen City C"uncil June 25, 1973 )= : """~l~:ducin~ density and encouraging permanent type housing building activity in' :he manner ' II I.. proposed will have the following affect if recent history is our guide to the future: I' II The average land cost per apartment unit will be approximately $20,000 in two-three years II in the Mixed-Residential area-about 6 times the cost in the 1968-69 era. This will i~encourage permanent housing construction? II Even if land COStS per unit stayed the same as today, simple economics would show that it ii is not feasible to build rental units for permanent housing unless the rental charges ilwere in the $600~$800 per month range if the developer were to get an average return on !ihis investment. How many units of this type have been built in the AR-I District and how !imany single family homes have been built in the AR-l District in recent years? Very few! :'Changing to a Mixed-Residential classification and reducing density will not accomplish il the proposed objective. ' ! The fine balance 'that e~ists 'between higher income visitors (a 1970 Chamber survey indicate : that 49% of the winter tourists had incomes of $25,000 a year or higher) and medium income I] residents and the continuing inter-relationship beCween the two deserves very cautious iistudy before any major changes are executed. ~ ' ' 'iThe economic quality of life of'the average resident is a major consideration. [!Until we know fo; sure what so~ial and economic consequences will flow from the proposed Ii transition in land use and zoning it is unwise to institute 8 rr~jor change. We need to !!know and, by proper studies can ascertain, whether or not the proposed change in zoning :idensity and use would destroy tourist ~uality; would increase the residential base only :: for the very wealthy; might decrease the economic Quality of life for the average resident.. j:We believe that social and economic studies should be undertaken immediately to give us ! the answers to these questions and that Ordinance No~ 19 should not be enacted until the if results of such studies are ava ilable. Ii Isl The Aspen Board of Realtors Ii William Mason President" -=-- :1 "Dear Mr. Mayor & Members -tkfity ,Council: I! The Pitkin County Constructidft"'A9S0~ion offers this letter as an endorsement to the " '. document prepared by the Aspen Board of Realtors. II ::Further, we feel, as we think most residents do, that an improved, up-dated zoning ,; ordinance is necessary. However, we feel that Ordinance No. 19 is inadetluate, iCnot II dsngerous. II Will Ordinance No. 19, as written, stand up under subse~uent attsck? 'iWas it properly presented to the public, or can it be broken by some technicality. II il Can it be broken by some lega lity? , j'Is it sound. constitutionality? II If it can be broken, wha tare t\1e implica tions to the community? Ilwe strongly urge delaying passage of Ordinance No. 19 if any of these questions are Ii unanswered Bnd until presentations are made to the various community groups and organizatio s. II I'; Is I Pitkin County Contractors Association President." I ' IIMr. Amos Jordan, representing the Aspen Institute, request an exemption from the building :! permit review based on the following reason: Aspen Institute filed 8 master plan for their holdings in the west end of the City in April of 1971. The Plafining and Zoning Commission did approve the master plan. Within the master plan is a chalet and a work shop building: , application for building permit will be filed within the next two weeks. Further there Iii is a lack of guidance since institutional zoning has not come t~ pass at this time.. ,I Mr. Bartel stated the Planning and Zoning Commission and Planning office feel this would it qualify as an exception since a master plan was approved some .time ago, as long as the Ii buildings are in compliance with the plan as filed. Council agreed with the exemption. II Letter from Mr. William Kirwin, Jr. was read by Mayor Stanll1ey as follows: Ij II Ii "Dear Mr. Mayor and Ladies and Gentlemen,of tha Council: t il I;; IIi III I! >1 , Ii I'. , ; I ",,' ~ ; II " ~ ~ : ~: Ii i . , i il H ~! f Ii, \ t 'f II ,. ~ ~ " f @ "\ ~ , I refer to the letter of this date Ordinance No. 19. The Aspen Board letter, the reasons. written to you by the Aspen Board of Realtors opposes the ordinance of Realtors concerni and states, in that I am a real estate broker and a member of the Aspen Board of Realtors. I did not, however vote to support the position taken by the Board, and by this letter I would like to , register my dissent. \ ............~ .....- ~. .~----.. 14;)5 ~!'EuJcar M~ting _~ cont. ~ .~.~',':_'...'..'~ .----..,...'"' ~~n City Council June 251 1973 ..- ~""--"'.=~ -.~ I believe in the intent of the Ordi~ance No. 19. I aloc believe that the ordinance j; cC!l.teins serious flaws \vhich must be corrected. However" I would rather work from the basi of the philosophy of land USe presented in the ordinance, and to try by study and adjusting I and modifying the methodology or the mechanics of implemen~ing the ordinance, than to See I it delayed or defeated. We have had the opportunity for the past five years to do volun_ tarily what is proposed in the ordinance, and we have failed so far to do it. I favor the passage of the Ordinance No. 19 but strongly urge that the City planners invite the advice of the Realtors, the architects, and the builders in the area in a joint effort !I to refine many of the vague and seemingly unnecessarily arbitrary sections of the ordinance~ I would encourage the City to immediately appoint a representative group to work, on a II "crash project" basis (at this 11th hour), with the planning office, to refine and define, I' so that the ordinance can be used as ~ firm and positive guide rather than a statement of arbitrary concept. /s/ William H. Kirwin, Jr., Broker" "Dear Mr. Mayor, Ladies and Gentlemen of the Council: This letter is to express my agreement with the letter to the Council from the Aspen Board of Realtors dated June 25, 1973 with respect to Ordinance No. 19. I !J Ji " As a concerned citizen and professional involved daily with problems of planning and environmental design I feel the most effective way of arriving at solutions to Aspen's planning problems is through careful study by qualified individuals. Decisions made with undue haste tend to cultivate proble~s for the future without solving the problems of the present. i/ II II Robin Molny questioned Page 3, 4(c) as to whether it relates to building area or lot area. ' Ii Mr. Bartel reported this section relates to bUilding bulk and the reason for that section was to eliminate building bulk as you progress up the mountain, it relates to living area. /s/ Larry Windes" Further questioned review by the P & Z being at the time of obtaining a building permit. This would require the individual 'to have complete drawings prior to review by the p & Z and could be expensive. Suggest sketch or preliminary drawings be acceptable at the time of review. Mr. Bartel stated he would agree to that. 'I I, II ,. " " II Ii as I Mr. Donald Helmich, Realtor, stated a lot of the realtors in the community are in agreement,! with what the City is trying to do. By changing the zoning and the uses, this will not II affect the real estate values. Realtors are close to the problem as every day are in Ii contact with the individual looking for an $150.00 apartment to the millionaire who wants !; to make an investment. This ordinance envisions taking certain areas and making them i: tourist. The ordinance does not take into account supply and demand. This zoning actuallY~i makes the area more desirable, you can't drive out of town people with money out. The Ii guy from Texas will be the only one who can afford to buy and live here ,you 'redriving the :1 local people out. Within the next five years would guarantee the Summer business will be over what the winter business is. Already the summer rates at lodges are going up. Mr. Moloy further stated he did not feel Ordinance #19 goes far enough, feel a moritorium should be called. Also people should realize this is only a one year proposal. Feel the community is passed the point of committees and studies. Impact zoning is a new and modern method and this ordinance empowers the p & Z to do that. Each project is reviewed it relates to impact on the community. Feel it is an important step forward. Councilman Walls questioned what studies will, be done over the next year. Mr. Bartel stated there are two areas - environmental and planned investment fee. The legislature says air quality shall be preserved and one of the considerations in the plan is to estab_ lish a land Use pattern that compliments the transportation plan. Under the plant inves_ tment schedule must consider that the City is in a position with current growth rates to fin:d itself at a deficit to provide service. Will simply not be ahle to afford to provide the services. ;/ II I' II I Councilman Behrendt stated the 1970 census had Aspen as the number one in the country J with the fastest rate of growth. Councilman Walls suggested the ordinance be tabled at this time for second, reading and a work session with the Plannint; and 'oning Commission be held ;; along with the public so that people will understand what the criteria is saying. ii 'I d I, an ~: the Mr. Bartel explained the criteria is separate from the ordinance and it .can be changed will be as th~ studies go on throughout the year. Councilwoman Markalunas' pointed out I ordinance is only the framework, the meat of the ordinance is the criteria. .I ~ ~~., ".1 I , i r t II, I , , i I I t , I i I' i" 'I I ~ ;j , . ,,,. 1 ! I _c! " '~ i ! ~-i I ; , II I,. ! t t.! : !II. ~r II i;d f.'~ 'it,. 1:;' " i h ~ ~' ~l iiI' HI i 11, ~,' ji ~ 11 U 0)1 ~T U \.i . ~{ ~ ';' t ~.~,:Ir ;..., J 'j :: Ii 11 .-, '. .~.-,-,,-;:;,~"_..~,_..;':';~, ~:~..~~~ ..:,t;;~",""':",.,>';;';....J.;;;:""-__'""':~;'~ .,.,.' ,.,.....,--.,-"'. ..-----=--'"""-..-<<~ ..a.'_~,,~_,';.'... . }.:. ... _ _ _ _ _ _ .-.~.",,: ,,:;,,;:>,,,, ':";"'" I:r:..."_.___;...... . --.::; .-....,. ~ 1456 Regular Meeting Aspen City Council June 25, 1973 '~.'-- Council:; .,. .-- ~-.----- . previous meetings held by the P & Z and il Discussed attendance by the citizens of the I when or~inance #19 was being considered. ! Mr. Whitiney Miller of the Aspen Valley Improvement Association stated citizens are unin':,) I formed as to what Ordinance #19 is all about. Everyone is asking for planning and an ex_ j planation of the ordinance should be :given that the citizens can understand. I I I I Mr. Don Piper stated he has made efforts over the last few weeks to see and obtain copies of the map and criteria' and they were not available. It was Thursday of last week before this material was available. As relates to the figures mentioned earlier relating to the census, the rate of growth of permanent residents vs tourist beds should be considered. Pat Maddalone questioned if it were possible to call a two_week moritorium while the cri_ teria is put into shape so that it can, be understood. Mayor Standley stated the additional time will not solve the problem, people react only I in a crisis situation. II Ms. Harland stated many people present this evening are involved on different boards and' il commissions and cannot make every single mee~ing, sometimes its only when there is a ! crisis and you make time. Dunaway suggested council adopt the ordinance, the criteria can be changed. ; Attorney Jim Moran stated to Council, the Council is passing the buch to the P & Z. The II real problem is the Council does not know how to reglate bulk, heights, etc., If the ~ City wants to be honest they should call a moritorium. The ordinance in its present state 11 is a bad ordinance and fear that some developer, who has a lot of money tied up, will X II Ordinance 1119 because it is incc,"plete. The criteria is the key to the ordinance and is 1'1. a part of the ordinance as well as the map. If they were not publicshed, the citizens I don't really know what the ordinance is all about. The view plane ordinance is very dis_ :1 tressing in that the pla ne is established and the only time the neighbors know about it il is when they read about it in the newspaper. There is no provision to notify the people I who are located adjacent or in a view plane or dorridor. d City Attorney Stuller stated the ordinance does refer to the map but does not refer to the !i criteria. The criteria comes into paly after the ordinance is adopted. The criteria re_ ii lates to standards and they will be changing although this year of review. The end result 1'1 will be a new zoning ordinance and zning map which will follow the standard.procedures. for II' adoption. , Mr. Moran further stated the P & Z WIl be going on with what should be taking place wirh ji the Council, the ordinance is not definitive enough i.e. density shall be established by, : the P & Z based on physical examination, character, its impact etc. I Attorney Ralph Brendes pointed out the Council retains the final approval of the criteria. ! Attorney Stuller pointed out the map and criteria are not definitive at th~ time, the map Ii is only an interim zoning map to be utilized, changed, etc., during this yar of review I and the same hol~s true for the crite~ia as well. I Mr. Bartel stated due to the expense, it will take a month to get the map in reproducable II f>rm. Did not want to spend the money' ($1500) until it was found the ordinance would pass. . It was pointed out by Jim Grinnell that lots purchased by the City in the west Aspen Sub. Ii dvison should be coded as open space. !I Councilman DeGregorio moved to close the public hearing, seconded by Councilman Breasted. I All in favor, motion carried. I, " " 'I II Councilman Walls moved that the reading of Ordinance #19 Series of 1973 be tabled till next Monday at 5:00 and during the week a public work session be held with the planning and Zoning so that the ordinance is understood on all aspect of the ordinance and the criteria that goes with ,the ordinance. Seanded by Councilwoman Markalunas.Roll call vote _ Councilmen Behrendt, aye; Walls, aye; Markaunas, aye; Pedersen, aye; Breasted, aye; DeGregorio, nay; Mayor Standley, nay. Mtion carried. Council agreed to hold a study session with P & Z and citizens on Thursday at 5:00 p.m. Councilwoman Markalunas moved to read Ordinance #21, Series of 1973. Seconded by councilm Breasted. All in favor, motion carried. (lRl)I:<''''' #11. SERIES ," 191) ORDINANCE 1/21, SERIES OF 1973, "AN ORDINANCE REPEALING ARTICLE II OF CHAPTER 21 OF THE MUNICIPAL CODE ENTITLED 'CIGARE'ITE TAX' AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING il IMMEDIATE ENACTMENT" was read by title by the City Clerk. !: , Councilwoman Pedersen moved to adopt Ordinance 1'21, Series of 1973. Seconded by Council- man Breasted. Roll call vote _ Councilmen DeGregorio, aye; Markalunas, aye; Breasted, aye Walls, aye; Pedersen, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. Mayot " Deed Deed submitted by the City CLerk and reported by the City Attor~ey to be in order. Thomas O'Brien and Diana Ellsworth for east ~ of Lot p, all of Lots Q, R, & S, Block 69, City and Townsite of Aspen. " ".) lit,.;." , ~_~R~~~~~~~~. Me~.!:J,11K.~ _AsPl!Jl_!<J tX~Co!JIl!;.tL~, ~i Meeting was reconvened by Mayor Standley at 5:00 p.m. with Councilmen i Pete DeGregorio, James Breasted, Jack Walls, Michael Behrendt, City , and City Manager Russ Campbell. JUly,,2.,1973 ORDINANCE 1119, SERIES OF 1973 _ BUILDING PERMIT REVIEW Jenifer Pedersen, Attorney Sandra StUller ' , City Attorney submitted Ordinance with major amendments. ; 01 ~ 1 ' i I Councilwoman Pedersen moved to read Ordinance 1/19, Sedesof 1973 as amended on first reading. Seconded by Councilman Behrendt. Councilwoman Ramona Markalunas arrived.? Roll call vote - Councilmen Pedersen aye; Breasted aye; DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. ORDINANCE #19, SERIES OF 1973 - AN ORDINANCE ESTABLISHING MANDATORY BUILDING PERMIT REVIEW PROCEDURES, PENDING ADOPTION OF A NEW ZONING ORDINANCE AND NEW DISTRICT ZONING MAP; PROVIDING FOR THE DESIGNATION"OF USES EXCEPTED FROM REVIEW; ESTABLISHING REVIEW CRITERIA' AND SETTING A TERMINATION DATE OF ONE YEAR FROM THE EFFECTIVE DATE was read by title by , the City Clerk, Councilwoman Pedersen moved to adopt Ordinance #19, Series of.197] and schedule a hearing on same for July 9th. Seconded by Councilman Breasted. Roll call vote _ Councilmen Pedersen aye; Breasted aye; DeGregorio aye; Markalunas aye; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. I Mr, Yaw representing the Aspen Architects Collaboration which is comprised of architects and planners stated to Council the organization would like to offer their services \ 'I (evaluate and recommend) to the City in relation to their concerns of the physical ' I environment of the community and its relationship to legislation along these lines. " I': Alternate Members, Boards & Commissions - Discussed the pros and cons and the following I points were made: the position would have to be worthwhile; legal problem as relates to I; .voting privileges; would facilitate a quorum; delegation of authority. II Council reques~ a schedule and function chart from P & Z as relates to implementation 'of I . It Ordwance 1119. I) Forest Service - Letter from the Forest Service was read by Mayor Standley asking that the """ 'j City agree in concept and the Forest Service involvement, as relates to growth, of mountain :,<<, " capacities and employee housing. 'I! ; " , ,,~. ~.{ -1, ,,~, ~,.... ~ .'. . ("'''1" ,. Councilman Breasted moved that the City agree in concept of the Forest Service concerns, their involvement of these concerns and the City work with the Forest Service. Seconded ' by Councilwoman Pedersen, Roll call vote - Councilmen Behrendt aye; Walls aye; Markalunas aye; DeGregorio aye; Breasted aye; Pedersen aye; Mayor Standley aye. Motion carried. Councilman Walls moved to adjourn at 5:45 p.m.) seconded by Councilwoman Pedersen. All in favor, motion. carried, and meeting adjourned. ,..".~,~~ ~orraine Graves, C1ty Clerk ",.....-~"'"' f' .."'! to""" , l I f i , , i .... . ~.. '.;' ( "' ;. " '. \ ! , f } i . i . '.1 .' , , I""" I i ! I I r 1 ! , 1 f i : ~ , ;~ '\ Ii 1; l,{ "'i ~ :i \ 'j (\1 )i II II ill :l : " H 'i '~,._~'........~",.-~.. '. .....";.,.:_~..,,. .'-'0.4.~,,-,~ c""."'" . ,^,-~.~........_",~...':"~ ....-i.. ~~".,,-~,~,,,,,-,,,,,,,,,-:,~,,",";',_,,~,,,,,;,:,,,,,"''';'''',,..L,.''' ':...-...._.._.~,'';..<.-.,..;..~.-~Q..,,~~...".~_......:...~.~..~.,,'''---''-c.<. It!6G ~~~~Regular Meeting Aspen City Council July 9, 1973 ~ Roll call vote _ Councilmen Pedersen, aye; Breasted, abstain; Markalunas, aye; Walls, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. . Mayor Standley opened the public hearing on Ordinance #19, 'Series of 1973.' City/Count y Planner Herb Bartel submitted to Council a flow chart outlining, the review procedures. B R. 01 1/ Citizen stated he felt to en~ourage resident housing and control growth would be incon_ sistent. Mr. Gene Ingham questioned- Councii as to the ordinance accomplishing 'what the preamble says the ordinance will do. Feel if Council wants to control growth, why not cut the densities in half. Mr. 8artel explained the plan proposes a land use pattern that could be served by the transit system. The objective is so that the visitor can come into the community with_ out a car. As related to resident housing) the price of land is determined by the zoning. Relating to an economic base) we are now dependent upon the.ski industry in the winter time) tourist and construction in the summer. What we are saying is that the economic base must be broader than that. Do not have all the answers at this time) thus the reason for an urban economist. ' ' Mr. Bartel stated the prime objective for the review process is to protect the public sector of the community. There being no further comments, Mayor Standley closed the public hearing. Ms. Dasko stated the lease form has been approved by the State, leases will be with the property owner. M, ;i Councilman Behrendt moved to approve the lease form as recommended by the Mall Committee. Seconded by Councilwoman Pedersen. Rdll call vote _ Councilmen Behrendt) aye; Walls, aye; Markalunas) aye; Breaste9, aye; Pedersen, aye; Mayor Standley) aye. Motion carried. I Councilwoman Markalunas moved that a petition be prepared calling for mail delivery and a M~ survey be conduc.ted to indicate resul-ts relating to business, home and rural delivery. DE Seconded by Councilman Breasted. Roll c~ vote _ Councilmen Pedersen) aye; Breasted, aye; Markalunas, aye; Walls) aye; Behrendt) aye; Mayor Standley, aye. Motion carried. Manager Campbell stated'there has been requests sociation for a leash law'over the entire City. i; in~luding the West Side Improvement As- Dc , II ~: ORDINANCE #23, SERIES OF 1973 _ Councilman Walls moved to read Ordinance #23, Series of 197 , on first reading by title. Seconded by Councilwoman Markalunas. Roll call vote - Coun_ I: ,cilmen Pedersen) aye; Breasted) aye; Markalunas, aye; Walls) aye; Behrendt). aye; Mayor Standley) aye. Mo~ion carried. , ' II ! r ORDINANCE 1/23, SERIES OF 1973, "AN ORDINANCE AMENDING SEC. 5-30 OF TIlE ASPEN MUNICIPAL CODE EXTENDING TO ALL AREAS OF THE CITY OF ASPEN TIlE DOG LEASH REQUIREMENTS; DEFINING WHEN A DOG SHALL BE DEEMED RUNNING AT LARGE; AND DESCRIBING PENALTIES THEREFORE" was read by title by the City Clerk. , I ! ! , I! , :i Councilman Walls moved to adopt Ordinance #23, Series of 1973 on first reading by title and schedule hearing on same for July 23. Seconded by Councilwoman Markalunas. Roll call vot .' Councilmen Behrendt) aye; Walls, aye; Markalunas) aye; Breasted) aye; Pedersen, aye; Mayor i Standley, aye. Motion carried. Councilman Breasted moved to read Ordinance #24, Series of 1973 by title. SEconded by 10Rl Councilman Walls. Roll call vote _ Councilmen Pedersen) aye; Breasted) aye; Markalunas) SEF aye; Walls) aye; Behrendt, aye; Mayor Standley, aye. ~Motion carried. ! ORDINANCE #24, SERIES OF 1973, '~N ORDINANCE AUTHORIZING THE ISSUAijCE OF SALES TAX RE- VENUE BONDS, SERIES OF JULY 1, 1973, OF THE CITY OF ASPEN, COLORADO, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,750,000, FOR THE PURPOSE OF ACQUIRING CERTAIN REAL PROPERTY, TO BE USED FOR PARKING AND OTHER MUNICIPAL PURPOSES, LOCATED IN T,ill CITY OF ASPEN; PRE- SCRIBING THE FORM OF SAID BONDS AND INTEREST COUPONS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS FROM THE REVENUES OF THE ONE PER CENT MUNICIPAL SALES TAX ESTABLISHED, . AUTHORIZED AND IMPOSED PURSUANT TO ORDINANCE #15a, SERIES OF 1972, AND APPROVED AT A SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1972, AND FROM CERTAIN OTHER LIMITEO SALES TAX REVENUES; PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH, PRO- VIDING FOR THE USE, DISPOSITiON AND HANDLING OF THE PROCEEDS OF SAID BONDS AND SAID SALES TAX REVENUES, INCLUDING THE CREATION OF CERTAIN FUNDS AND ACCOUNTS; AND DECLARING AN EMERGENCY" was read by title by the City Clerk. Councilman Walls moved to ddopt Ordinance tf2t;, ~'-:~:.cs of 1973 on first reading. S:~conded by Councilman Breasted. Roll call vote - Councilmen Breasted, aye; Behrendt) aye; Mar- kaluilas) aye; Walls) ay~; Pedersen) aye; Mayor Standll.ey) aye. Motion carried. ,.... '-,,/ ""'" , '-"'; ::::::~ RECESSED MEETING ASPEN CITY COUNCIL JULY 16,1973 ,dg, , IVie.. lDlt; .9, ~: ,973 Meeting was reconvened at 5:00 p.m. by Mayor Stacy Standley with Councilmen Jenifer Pedersen, James Breasted, Jack Wall~, Michael Behrendt, City Attorney Sandra Stuller and City Manager Russ Campbell. . " ORDINANCE 119, SERIES OF 1973 ORDINANCE #19, SERIES OF 1973 - Councilwoman Pedersen moved to read Ordinance #19, Series of 1973 on second reading by title. Seconded by Councilman Breasted. All in favor, motion carried. ORDINANCE 119, SERIES OF 1973, AN ORDINANCE ESTABLISHING MANDATORY BUILDING PERMIT REVIEW NEW ZONING DISTRICT MAP; DESIGNATING USES EXCEPTED FROM REVIEW; ESTABLISHING REVIEW '19 CRITERIA; PROVIDING FOR DESIGNATION OF ADDITIONAL EXCEPTED USES AND REVIEW CRITERIA; AND ~~E 1973iSETTING A TERMINATION DATE OF ONE YEAR FROM THE EFFECTIVE DATE was read by title by the ~~ City Clerk. . City/County Planner Bartel pointed .out changes made in the text of the land use plan. Policy on increasing housing was changed to reflect employee housing; light industrial uses, actually talking about non-polluting industry: natural resources should include air quality and in the ordinance it has been changed to reflect the P & Z's intent that in the fringe area of the commercial area would be.for offices, do not want to encourage full range retail uses. Councilwoman Pedersen moved to conded by Councilman Breasted. Walls aye: Behrendt aye; Mayor adopt Ordinance #19, Series of 1973 on second reading. Se- Roll call vote - Councilmen Pedersen aye: Breasted aye: Standley aye. Motion carried. : ~ I MOUNTAIN QUEEN SUBDIVISION 11 U, ,-fEN ,::iSlON Mountain Queen Subdivision - City Enginner Ellis s~bmitted additional data relating the use of water for this subdivision. Stated the opinion o~ the engineering office is that the system will provide pressure flows for fire protection an~ domestic water. There will be an 8" line that in affect will be a reservoir for the project. Chief Willard Clapper of the Fire Department stated they are still concerned as to \tho will be responsible for the plowing of the access. II live:- ~ngineer Ellis stated an easement has been given by the Ski Corporation and they will do the plowing and bill Mt. Queen. Plowing will be to the specifications of the fire depart- ment. ~ Lfl lINg lIES Councilman Behrendt moved to approve the subdivision agreement and accept the subdivision plat. Seconded by Councilwoman Pedersen. Roll call vote - Councilmen Pedersen aye; Breasted abstain; Walls aye; Behrendt aye; Mayor Standley aye. Motion carried. ACTING FINANCE DIRECTOR !~ Councilman Breasted moved to appoint Karen Anderson Acting Finance Director. Seconded by l; FINANCEI,Councilwoman Pedersen~ All in favor, motion carried. ::'lR BICYCLE RACES ':l RACES Bicycle Races - Mr. Bert Bidwell request authorization from the Council to close those streets that would be affected by the races to be held on July 21st, from 7:00 a.m. to 10:30 a.m. and again on Sunday when the racers return to town. Next year the national races may be held here. Councilman Breasted moved to approve the barricades as requested and Mr. Bidwell work with the Chief of Police on this request. Seconded by Councilwoman Pedersen. All in favor, motion carried. GASOLINE SHORTAGE ,NA.'i:' ':~E ES 7' ~',~e Gasoline Shortage - Council discussed what could be done to advertise that the gasoline Shortages are acute in the Denver area and not over the remainder of the State,' tourism is down. Discussed Mayor Standley sending letters and telegrams to John Love, Club 20, State Energy Counsel in Colorado, radio and TV stations auto clubs, etc.. Councilman Behrendt moved to Authorize Mayor Standley to write such a document. Seconded by Councilman Breasted. All in favor, motion carried. '1; CREEK IHUNTER CREEK AREA [Hunter Creek -' Councilman Breasted suggested' the Council once again send a resolution en- couraging the purchase of Hunter Creek area by the Forest Service from McCullough. Council iagreed to have a strong resolution be prepared and Mayor Standley send same to the proper Iparties, i.e. Chief of the Forest Service, Senators, Representatives, etc.. I~ouncilman Brea~ted moved to adj~Urn at 6:15 p.m., seconded by Councilman Behrendt. All in Ilfavor, meeting adjourned. , I l C) /. d \. J'.__ ~_. ../'~..~ \ ~orraine Graves, City Clerk ~,- .! l'" ''"-- .Y'''~:..,~';;T~:..: ~""""""'-~'f ____.__."" ...,So.._....__.__" "-."'>"""",'4Jo<"~;',,,, -~',':"":. ".--.,,,-~,~';~'. ;.".J!"<~~f"~'}~''?7'.~ ....~:. ~;1 1, ,',.t'i -It -1 ), ,I :\it:J I'..'.'.', !!' ., , ,;~\ ~;, ~,I I',,""-'j ! ~"".' F" ; :;; l l,~." ','" 1.""1 ,'!!. ,I ~,'i ' ':' ,~i 1 t.'..' I It! ff] ~ ~iH ;11 ~ '~l " ralj ~'\'! ' i;~ \ j ,\,1 ! Ill' 'I ',,\. 'I' '''I ~ ~~ ! "" 1 ;; I' i ~! ' i,t I ~ II -,,' I ,'i!: li ~ ~" ;..~ [,if ~I f, ,'J.: "; Il,1 ~.~. .' HI i I )1 "11 ~ ~t : I i t 1 1;:1, Ii 1il i j , , 'i' , ]' ':! , " , ~ I ! I] ,I I \ -,-""~-:.,,~.,~.,, .....';~.. ,')'"""y,...:."~,;...~.-,,,. C;':;!;':;;"~~~A.too...-..."....~'::'e~'~~~'~~' ~..,,",,,,",,, 14.;;;__ ,,,,,,"<,~~.~.,... .....~ <',.~ 1508 ,Regul_ar Meeti".&- , AS12~~J;<lllru:i.J Novembpr ,'~, '97, -'''''''-., -- r II C 'I d Ii ounc~ woman pe ersen i man Brea'sted. All in I ried. !i COUNCIL MEMBER COMMENTS ,ila. Council questioned the hold-up on reviews under Ordinance #i9. Planner Bartel explain- !Ied economic impact studies are needed which there is not criteria for. Acting Manager Ma- 'Ihoney stated it would take longer than 30 days to come up with the criteria. Suggest the Ii council retain an economist under a contract basis tlL review these projects. , 'I Councilwoman Pedersen moved that the City authorize the Acting Manager to proceed with the !Ihiring of an economist. Seconded by Councilman Behrendt. All in favor, motion carried. I. b, City Clerk questioned Council as to what date to establish as tie cut-off date on ap- :1' plications for City Manager. Council reported December 10th. I' , 'c. Council request the Acting Manager check on additional sites for dumping of the snow II from the streets. I ' Id. Councilman Breasted moved to authorize the City Attorney to draw up a trash container Ii ordinance. Seconded by Councilman Behrendt. Council concern that dumpsters are on City II right-of-way. Motion Nor CARRIED - all nays. Council request the City Engineer, City,Attorney and Vic Goodhard submit solutions to the 'I problem to Council. !Ie. High School Representative- , student to sit on Council as an il' All in favor, motion carried. ! f. Councilman Behrendt moved the City Engineer study and make recommendations for a side- , urant 51 II.walk district on Durant Street. Seconded by. Councilwoman Markalunas. All in favor, motion :sd.dewalk ] carried. I ' : Councilman Breasted moved to adjourn at 9:00 p.m., seconded by Councilman Walls. All in 'I' favor, meeting adjourned. /~)~ ~ L-..-I;orraine.Graves, City Clerk, moved to adopt Resolution #29, Series of favor with exception of Councilman Walls 1973. Seconded by Council- who voted nay. Motion car- COUNCIL MEMBER' C- -~ Ordinancl Cut-Off Sites fo ing of S Trash Co Ordin Councilman Behrendt moved the City authorize a high school ex-officio member. Seconded by Councilwoman Markalunas. High Sch Repres ii Spec1al Meet1nq II II II Aspen City Counc11 December 3, 1973 Meeting was called by entir~ City Council to review remaining liquor license renewals.. Mayor Stacy Standley at Pete DeGregorio, Ramona Stuller and Acting City 4:00 p.m. wit~ Councilmembers Jen- Markalunas, Jack Walls,Michael Manager Mick Mahoney.. Meeting was called to order by ,i ifer Pedersen, James Bl!easted, :1 Behrendt, City Attorney Sandra !I 'I :; stated he had inspected:the premises Wo~ld recommend approval of the liq- Hotel Jerome - Sanitarian Jim Rourke was present and on Friday and found corrections to be 85% complete. , uar renewal.. I! ii I: HOTEL J1 Oiscussed present enforcement of the prov1s1on of the liquor code requirinq the serving of food in connection with a liquor license. Sanitarian Rourke pOinted out four inspections should be made each year of all restaurants Stated he is working in the county and Mr. Ki~kland is handling the City'S needs. Report- eo the State Liquor Inspector has asked that the cease and desist order issued by the Stat H~alth Department on the Hotel Jerome be lifted prior to issuing the renewal application. City Attorney Stuller informed Council, the State Inspector Mr. Eller, will be requesting consideration of revocation of the liquor license at the Hotel Jerome - based on summer activity relating to the Design.Conference. Presently waiting for Mr. Gilmore to return t meet with Mr. Eller and.City A~torney prior to meeting with the Council. Councilman Behrendt moved to and State Liquor Inspector. ried. give approval conditioned upon clearance from the Sanitarian Seconded by Councilwoman Pedersen. All in favor, motion car~ AL AIl!l sHAFT HOLIDJ CRYSTI pAl following: Al Aban, Club and La Bodega. Councilman Behrendt moved to approve the renewal applications for the Shaft, Holiday House, Crysta~ Palace, Aspen Pizza Company, Aspen Alps Seconded by Councilwoman Pedersen. All in favor, moti~n carried.. Carl's Pharmacy - Sanitarian Kirkland reported he had just made an ilispection of the pre- mises and the only problems that' remain are with the old counter - Mr. Bergman has agreed to re-do this old counter within the next 60 days.. ASPEN CO! Councilman Walls moved to approve the renewal application for Carl's Pharmacy. by Councilwoman Markalunas. All in favor, motion carried. Seconded credi t I ASPEN LA B01 MAGIC ~Jic Pan, Inc. - Council questioned the difference in ownerships in comparing the ri':)Qrt and the renewal application. City Clerk to check out. CeJlncilwoman Pedersen moved to approve the renewal subjec~ to clarification on wwnership. Se~nded by Councilwoman Markalunas. All in favor, motion carried.. CARL'j , ~ 1 G:i f) ,;; .~ :i ;~, 'J :'~1 "j r.,! r~ ~; ~" ~ ( , t<..~~. l : !' i J ~ . I ~ ;;1,. 'i fi. l~ t,:j .. N a """ f3 t$ ~;;.; 1''/1 \" " .,.~ c~ "j I ,""',' . ~~~ ,~ '.~ ,i 1 ! , 1 :t :1 . '1 :t J; { , , j 1 I. t ! 1 4 1 ~ 1 1 ,'I 1 i t J " , , , !'I; ;.: J I " I , i~' . ,,, Regular Meeting Aspen City Council October 29, 1974, ""-"~~-:::=-. , ANNEXATION INVESTIGATION Councilman Behrendt moved to request the administrative staff pros and cons of annexation of the u~banized areas contiguous during the winter months. Seconded by Councilwoman Pedersen. motion carried. look into the to the City All in favor, AnneXilt William Dunaway questioned why the economic studies have not been submitted that were requested to be submitted along with the new zoning code. City Manager reported the information is being obtained, but is not in publication form at this time. HOLY CROSS NEGOTIATIONS City Manager' request an executive study session with Council prior to November 22nd which is the next meeting with Holy Cross. Council agreed to meet on Wednesday, November 13th at 7:00 p.m. in executive session. Holy C", Neg. . ELECTRIC RATE STRUCTURE Large report was submitted for Council review. Report was copywrited. lee. p",,_ DAY CARE CENTER Ms. Phyllis Bergen was p~esent to request the use of the Lift No. I building from the City and the amount of their starting budget in order to get the project of a day care center off the ground. Feel the facility wwould be self-sustaining within a year. Ms. Bergen stated she felt their was a great need for such a facility in Aspen, it would be run on a non-profit basis which would allow for grants and funding. Fees would bebased on a sliding scale based on eligibility to pay. Facility would be state licensed, would use highschool students as aids and also involve senior citizens. Day Ca:\ Majority of Council~erebers stated not complete and also premature. need should be submitted. they felt the information submitted was Further stated further investigation as to Councilman Walls moved to table this request until additional information is supplied. Seconded by Councilwoman Markalunas. Council request the Human Resource Counsel be involved in this. All in favor, motion carried. ROCKY MOUNTAIN AIRWAYS, WATER TAP City Manager Mahoney request confirmation from Council on a water tap to Rocky Mountain Airways which he had granted. The need for the tap the winter season only. (temporary) is f~r a ter T~; t. Air-.; Question was raised as to whether the tap was for the County or Rocky Mt. Councilman Breasted moved to add this item to the agenda. Seconded by Council- man Behrendt. All in favor, motion carried. Councilwoman Pedersen reported she did not agree with granting exceptions when a policy has been established. Council request the Manager bring back to Council fu 11 details for consid- eration. RECORDING & SOUND SYSTEM, COUNCIL CHfu~BERS City Manager reported an estimate had been received to redesign the sound system for more volume in the amount of $892.00. counCl: ChafU..~:' Councilman Breasted moved to approve a supplemental appropriation for this expenditure. Seconded by Councilman Walls. City Manager ~eported the accounts payable are now 60 days in arrears. Members of Council stated their concern for this expenditure at this time. Councilmembers Pedersen, Markalunas and Beh~endt nay; Councilmembers Walls, Breasted and. Mayor Standley aye. Motion dies. HIGHWAY REQUESTS TO COG Councilman Walls moved to approve the requests as submitted. Seconded by Councilwoman'Markalunas. All in favor, motion carried. " ORDINANCE ~50, SERIES OF '1974 Jliq:"lo' R~~,I' Report was submitted by th~ City Attorney outlining those projects having Ordinanc~ #19 approval, also corrections were made to the report. .,) ord. Councilwoman Markalunas moved to read on first reading, Ordinance #50, Series of 1974. Seconded by Councilwoman Pedersen. All in favor with exception of Councilman Walls who abstained. Motion carried. ~,.~., ",.,.~......q" '~,:,r'.: J J ' Hel,. !i.o::,. ~'.lc"<:, 1. [:./ '..",t"r tH. .'l, I.'.; , \""'" .. ..." .' ""f . ;''h l:i f.f " ~,l ft 1" t.~ !j~ !(t);:l. '-;.:\(; .~..J t: ,l?! '<'~' ~'."'-'-':_~',.", " ,.. ..~.,' .,,". .;.....:;" '-'.:,,..... .<.-.0:..>-' _ .-".<.-_,....>_"-~~..,.'--.,','_,~... -'- ...~,~,..~';;;.;.'~....h'_" J Regular Neetlng Aspen City Council October 29, 1974 - --=- - -- - - ----~--=- --- ~-"--'--~-- , ORDIN~NCE #50, SERIES OF 1974, AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DISTRICT MAP THOSE ORDINANCE 19 APPROVED BUILDING PERMIT APPLICANTS WHO SHALL SUBMIT THEIR FINAL PLANS ON OR BEFORE DECEMBER 31, 1974; WIIO SHALL COMPLY W1'rH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED IHTH CONSTRUCTION OF EXEMPTED PROJECTS WITH REASONABLE DILIGENCE was read by title by the City Clerk. councilwoman Markalunas moved to approve Ordinance #50, Series of 1974 on first reading.. Seconded by Councilman Behrendt. Roll call vote - Councilmembers Pedersen aye; Markalunas aye; Breasted aye; Behrendt aye; Walls abstain; Mayor Standley aye. Motion carried. RESOLUTION #35 & ORDINANCE #51 city Attorney discussed with Council the configuration of the proposed annexation and the problem of the land under dispute between Thomas and Marolt which lies in the center of the proposed annexation. council request the City Attorney and Engineering Department review the property as relates to contiguity, problem,of further annexations in that area, and bring back to Council an Ordinance and Resolution to annex a reasonable portion of the land. councilwoman Markalunas moved to table consideration of Resolution #35 and Ordinance #51 at this time. Seconded by Councilman Walls. All in favor, motion carried. ORDINANCE #52, SERIES OF 1974 councilwoman Markalunas moved to read on first reading Ordinance #52, Series .,....j.J of 1974. Seconded by Councilman Walls. All in favor, motion carried. . ~ 'J .,,;<: ORDINANCE #52, SERIES OF 1974, AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM HOUSING CODE, 1973 EDITION (EXCEPTING SECTION 203 THEREIN); AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH was read by title by the City Clerk. Councilwoman Markalunas moved to-adopt Ordinance #52, Series of 1974 on first reading. Seconded by Council~an Walls. Roll call vote -Councilmembers Walls aye; Behrendt aye; Breasted aye; Markalunas aye; Pedersen aye; Mayor Standley aye. Motion carried. ORDINANCE #53, SERIES OF 1974 Councilman Walls moved to read on first reading Ordinance #53, Series of 1974. Seconded by Councilwoman Pedersen. All in favor, motion carried. ORDINANCE #53, SERIES OF 1974, AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM MECHANICAL CODE, 1973 EDITION; PROVIDING PENALTIES FOR THE VIOLATION OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH was read by title by the City Clerk. Councilwoma-' Pedersen moved to adopt Ordinance #53, Series of 1974 on second reading. Seconded by Councilman Walls. Roll call vote - Councilmembers Behrendt aye; Brp.asted aye; Markalunas aye; Pedersen aye; Walls aye; Mayor Standley aye. Motion carried. Council request the next agenda include an item entitled Enforcement of Codes. Councilman Walls moved to adjourn at 9;00 p.m., seconded by Councilwoman Pedersen. All i~ favor, meeting adjourned. '~A ,'C' ~ "/>~~-A L--::"Lorraine Graves, ity Clerk ROCKY MOUNTAIN AIRWAYS, WATER TAP RESOLUTION The general concensus of the council was that exceptions should not be made to PIF PO~icies especially when the estimated cost of the 3/4" water tap was $1200. The solution suggested and h9ped for was th?t the tap fee be paid by the landowner, the COunty, with 'that amount credited to them when the eventual final taps installed at the airport. City Manager Mahoney would take these directives and would return to council with Word of the final solution. ~lOUNTAINEDGE councilmember Mark:11unas I comments for the record: "I have to take exception with ~ ~;m. I think that when Chuck Vidal carne to ~s in ~he spring of the year, right aftE ,10, r<lther sudden downzoning of Ute Avenue, he gav.~ us the proposal with the antici- ,\~t~o~ that we were all working together in the best interest of this community. Ii S~CTflS to me thZlt. 15 .::;...:;rc& vf v~.)CII "jp.-:lce i,l this OV~l' all project that he is discuss: ti' u substantial amount of open space forever for the community. I also feel ~.lat this council's integrity and responsLbility is on the line. We indicated to tl <In that WP I,U'O"l -. - ~ every effort to wOl:k with him where we have not done so in om think of. He has repeatedly come back to us with various ltives. \'lith saying what do you want, what is it you want and ! down to the wire n0W. Itls a yes or no thing based on a ....T"., 1"1 , 1 ~..'> Ii,l Jl"j ~~ .~., .,~-- .. !.I:',,:ct f$ ;1 \l: ""~ .~' , :~',j q t,;: -" I.: ..des i: ."., ,.._ ,'C._ ~.,. ;___ _--' ......:,~,.. _ ."",-~.._,.....-...'__....,.. _.' if .-~_~,:~~::.ar .:!'!eet~~g:=",-~=-=::: ~__._~~._A,~~:?:" !i-- II I II Ci ty_,Col.mcil~_...._ _~_;~",_~__,c_~_"""'~'=',~,_~ Navember.~4_l97 4,--".__.- =--_._~--,-.-_.. ~~-_'-=-.--,--~,~""'-",,,-'~~-~----' A hand was given for resigning City Clerk Lorraine Graves. REPORT ON ANCHORAGE (UNIT 2B) FLOOR AREA USE No one was present from the Anchorage to give a report. LIQUOR LICENSE RENEWALS Lieutenant R, W. Smith of the police department was present to answer questions and expound on the police reports for the liquor licensed establishments in the city. councilman Behrendt asked if there was a noticeable difference between the current list, the last time the list was gone over with Council and since the.bar people has founded their association and attempted better communication. Lieutenant smith noted there had been better cooperation with the bars recently. There was a discussion why Andre's and the Gallery had more incidents than the othe~s. Lieutenant Smith pointed out they were group hangouts and the problem was somewhat a function of their physical location. Mayor Standley asked if there were any negative comments on the six licenses being renewed at this meeting. Lieutenant Smith hpd no negative comments. Bill Caille, Fire Marshall, had no negative cornm~nts on these establishments. councilman DeGregorio moved to give blanket approval for 1975 liquor licenses for the following: Al Aban, the Grop Shop, Tom's Market, Red Onion, Aspen Drug, and La cocinai seconded by Councilman Behrendt. All in favor, motion carried. ENFORCEMENT OF ZONING AND HOUSING CODES Clayton Meyring, Bill Caille, and Evan Gull of the Building Department were present. Councilman Behrendt opened the discussion by noting the building department was doing an excellent job enforcing the codes as far as people remodelling without permits but that a re-inspection policy was not being carried out. Some buildings do not correspond at all to the original building permits. Council noted concern that change in use of structure, the housing and sign code have not been enforced. The housing code should be enforced on dwelling units with more people living there than intended. Chief Building Inspector Clayton Meyring said they had been enforcing the housing code on a complaint basis and inspecting shacks along the alleys. Meyring asked for Council's direction in the enforcement of the housing code. Meyring stated the Building' Department's policy in regards to signs was to advise people they must obtain a sign permit and outlined the restrictions in the sign ordinance. Most of the signs in town conform to the sign ordinance.. Councilman Behrendt brought up the change of use for ~ structure. Councilman Walls asked if you had to get a building permit to change usei City Attorney Stuller read Section 24-12 from the Municipal Code. Meyring stated th~s ordinance was not general knowledge. Councilman Breasted asked if a zoning administrator was needed. Meyring said if all ordinances and codes were to be enforced strictly one 'would be needed. Council .Behrendt sald he felt many people were being crowded into questionable units and suggested a slow re-inspection system for the whole city to see (a) if the buildings correspond reasonably closely with the documents in the building inspector's office and (b) if the fire and housing codes are being enforced. Caille pointed out this action might clo~e 50 per cer.t of the housing in Aspen. Councilman Behrendt moved that the building department corne back to the next council meeting with a program outlined for either uFgrading the existing codes and requirements to an enforceable level they feel is reasonable or with a program to achieve the ends the he had spoken to today. Seconded by Councilman Walls. Councilmembers Markalunas, Behrendt and Walls aye; Councilmembers DeGregorio, Pedersen, Breasted and Mayor Standley nay; motion NOT carried. ~ ORDINANCE #50, NEW ZONING EXEMPTIONS, PUBLIC HEARING & SECOND READING Mayor Standley opened the public hearing. Councilman Walls left the Council table to join the audience due to a conflict of interest. John Stanford and Yank Mojo of the Planning department subrnitted a memorandum to Council relating to the five projects in this ordinance. Councilwoman Markalunas questioned the building department on the time it normally takes to check a set of plans for a building permit. Chief Building Inspector Clayton Meyring said under Ordinance 19 this procedure was quite lengthy. Councilwoman Markalunas asked why the procedure is different or longer for one Set of plans than for another, using the Stevens-Ginn building as an example. Council then discussed the procedures involved from the time of approval in the P~anning and Zoning Commission and the actual issuance of a building permit. Dlscussion on the Stevens-Ginn building followed. Councilman Breasted noted he w~uld not like to 'accept these buildings, but if it could be implied that the Cl~y ,,:,as negligent in holding up the building permits, they could build the b\llldlngs if they sued for them. Councilwoman Markalunas said we have set up rcg~lations, if the buildings have conformed with all regulations they are ;,'I~l.Llcd to issuance of building permits yet the building permits were not issued. Ihl~ makes the city look ridiculous. If the buildings were approved under Ord~nancc 19, it should be a matter of form to approve them under the new ordinance. "-- :..--~-~,~ ~-=- .~.'--'~.~ ~ '...'~. "'";~_''',^,'':r.~:........' c.~______, "'. !O _ ,B~qt,l;t,~X_M~~.t-!.ng.~.,..."" _~_ A.!:?_E~n _r; i, ty,~C_O!J,DG_-t.l,_. _~_. _~_~=_~_~---..,- _NQvernber_~l, ,197,<L --- ------ ~ , Mayor Standley stated if the 620 Hyman B~ilding, the Woods building, the Stevens- Ginn building did in fact supply working drawings and have gone on record and made attempts to completely comply with Ordinance 19, they should be included in Ordinance 50. Perhaps the Law Fourplex and the RBII building, if they haven't supplied working drawings, should not be included. Councilwoma~ Markalunas pointed out the RBH building was given final approval of Ordinance 19 on October 22. Jack Walls, representing the RBH building, said that project had spent much time in the Planning and Zoning Commission. Mayor Standley asked the Council if they felt all five buildings should be exclud~d from inclusion in Ordinance 50. Councilwoman Pedersen noted the Law Fourplex should be excluded because of the time element and the lack of supplying working drawings. There was no one present to speak for the Law Four- plex. Mayor Standley said the ordinance should be amended to include h, c, d, and e, and exclude the Law Fourplex. Mayor Standley closed the public hearing. councilwoman Markalunas made the motion to read Ordinance #50, Series of 1974, amending it to include the ,Woods Building, RBH building, 620 Hyman and the Stevens- Ginn building but to exclude the. Law Fourplex; seconded by Councilwoman Pedersen. , ORDINANCE NO. SO (Series of 1974) AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DISTRICT MAP THOSE ORDINANCE 19 APPROVED BUILDING PERMIT APPLICATIONS WHO SHALL SUBMIT THEIR FINAL PLANS ON OR BEFORE DECEMBER 31, 1974, WHO SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS, AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCTION OF EXEMPTED PROJECTS WITH REASONABLE DILIGENCE. was read by title by City Attorney Stuller. Councilwoman Markalunas made a motion to adopt Ordinance #50, Series of 1974, as amended; seconded by Councilman Breasted. Roll call vote; Councilmembers DeGregorio, aye; Walls, abstain; Behrendt, no; Breasted, yes; Markalunas, yes; Pedersen, yes; Mayor Standley, yes. Motion carried. , ',,-! ero 1"1~.:~nt , , , l' . , , i t , .. j { i J Mayor Standley gave Council a five minute recess. Councilman Walls returned to Council. DESIGNATION OF COMMERCIAL CORE II - HISTORIC DISTRICT PUBLIC HEAPING I H-Histo: I zone, C:<:.1- Mayor Standley opened the public hearing on Designation of Commercial Core H - Historic!. cia! CC.~1 District, John Stanford of the Planning department discussed with Council what a Historic District is and the procedures to designate a district H - Historic. The Historic Preservation Committee had set forth guidelines for the Historic District. Lary Groen of the Historic Preservation Committee gave a report on the Committee's feelings and findings in their study of the Commercial Core. Groen pointed out that the guidelines were just that, guidelines, and not meant to be incorporated as law and inflexible. The Committee feels very strongly and has worked hard to protect Aspen history. Mayor Standley opened the public hearing. Councilman Walls questioned the recourse an application for a building permit woulct have if denied, why did ~he applicant go to Council rather than the Board of Adjustment. Councilman Walls ask~d if relief was not given by the City Council, what was the next step. City Attorney Stuller said District Court. The Board of Adjustment could grant variances but not any type of relief to th~ land owners. One s:ep of review is appropriate. A citizen questioned the guidelines, perhilps they would force only pseudo-Victorian architecture in the Historic District. Lary Groen said the guidelines were not meant to stifle human ingenuity and not to interpret them in that context. Councilman Breasted said there was nothing to object to in the guidelines, they were GO general in nature and one should be able to work within those parameters. Mayor Standley closed, the public hearing. Councilwoman Pedersen moved to place Ordinance #49, Series of 1974, for the next council meeting, seconded by Councilwoman Markalunas. motion carried. on the agenda All in favor, GREAT GORGE LIQUOR APPLICATION Alan Gordon of the Great Gorge appeared before Council and stated in view of the Council's question at the last meeting they had decided to amend their application to a transfer of a beer and wine license from La Bodega to the Great Gorge. City Attorney Stuller asked if Gordon had evidEnce that La Bodega would surrende~ their license. The license had never been transferred to the Divine Sarah. Mayor Standley read into the records a letter from a lessee in the Brand Building. To the Mayor and Members of the, City Council: In view of the fact that the recent disturbances concerning destruction of property and blatant vandalism in the Brand Building, I Donald McGovern, a lessee and resident hereby acknOWledge my opposition to a continued transfer of a beer and wine license to the Great Gorge. Also the fact tv the public undesirables. not contingent another saloon that the upstairs section of the Bra.:-:o Btlilding being ope.1 further encourages the late 'light transient flow of I seriously question the ad'isability of a tran~fer if upon a food operation, mean Lng I do not think w~ need in that immediate area. Sine ,rely Don :',cGovern ~ .i { t 1 I , I ~ I ) 't: , I , "'!ttc J I .:I <1. 1 I V 1 i Great I , ii LiquOr I II i I ! i J I I , ! I' ! I :'; I ~ 1;;:' ;j ,. " 'i ."..,.,.,,;;......_.,~~,_..~"~.o.._" _......:~,...".., . ~~...._"~_;t-........~ -. "''''''q,~, .if;. 1698 Regu 1 dr:_ r>,lee ti.ng",.,..-. "C,<C--"~ =~,."o~~-""~-.,..-.-_,~,--,,,,,,," _~S2~!1_.,S;:, ~,ty_ S9Q!lc; ~ I. . ~,~~f.ebr:_lJ?;(Y ,1Q,. 1~75 ._".=.~.~~_."'".,=.'-"-'-'-"- '--.' ---'-~-~.- - - - --- ~ '-'-_.--=----=-=.~~....._'- "'-...-'--"" -..',-".,~~,~- The ~eeting was called to order by t!3yor Standley at 5:00 p.m. with Councilmembers De Gregorio, Markalunas, Pedersen, City Manager rlahoney and City Attorney Stuller present. MINUTES I Councilwoman Pedersen moved to approve the minutes from. January 27, 1975~ as submitted; seconded by Councilwoman Markalunas. All in favor, motion carried. ACCOUNTS PAYABLE Councilwoman Pedersen moved to approve the Accounts Payable for January; seconded by Councilwoman Markalunas. Councilman De Gregorio asked if the ski racks for the minibuses had gone out for bid. City Manager Mahoney answered that the work was done in-house as much as possible, that they had not been left for bid. Mahoney also said he would ask Transportation Director Dick Parker why they had not been bid. All in favor, motion carried. CITIZEN PARTICIPATION 1. Don Fleisher approached Council about his project, the 620 Hyman Building, that had {~620 H been approved under Ordinance 19. Fleisher told Council he had had second thoughts abou iiBUild~~' the quality of the project, would like to scrap the project and start with a new design U 1o.'i and new architect. Fleisher was aSking for Council cooperation to be able to do this. ' Mayor Standley asked if the project was designed with off-street parking; Fleisher said 6 or 7 spaces. There seemed to be some confusion as to exactly what Fleisher wanted from the Council. Fleisher replied that the Council permit him to re-design the building. Councilman Walls came in. Mayor Standley told Council that the project ~s it stood had been approved by Ordinance 50. Yank Mojo told Council the only problem he could foresee was the Floor Area Ratio which would change under the new zcning code. Mayor Standley suggested Fleisher work under the idea of no off-street parking and give more open space to the project. Councilwoman Harkalunas asked if the Floor Area Ratio of the new building would be the same as the old project. Councilman De Gregorio said that as this was not an agenda item, he would like to hear from the Planning Department when th8Y were better prepared. He didn't want to move on ~his item until there was more information. Mayor Standley suggested that the 620 Hyman Building be put on the next agenda so that_they had time to work with the Planning Office. 1 2. Robert Grueter representing Dr. Oden's building asked to be put on the agenda. Cou~cilwoman Markalunas moved to consider this project as an agenda iteffii seconded by ~ Councilman De Gregorio. All in favor with the exception of Councilwoman Pedersen, motion carried. Oden Bull,:, ' :1 II :i Ii " , ,: i I Grueter told Council ox aden owns 26,000 square feet which sits right behind the First National Bank, The land is now zoned 0, Office. Dr. Oden would like to have it 7.oned C-l. Grueter brought up four points: (1) the land is right next to the City parking lot, (2) they want to put an athletic club on the lower level of 16,000 square feet and upstairs of 26,000 square feet. This would take the building over the Floor Area Ratio of 0, (3) they would like to have some uses that arc not allowed under 0 zoning, like office supplies and possibly a financial institution. The logical category to affect all Dr. Oden wants to do is C-l. Grueter said previous discussion with Council had brought up the possibilities of going to C-l zoning and restricting-the uses or remaining in 0 zoning and allowing the building some leeway. Grueter pointed out that the land'was'right next to the City parking lot and if granted C-l uses the people could all park there. Also the history of the building is that four times ~r. aden started to build something and didn't do it at the planning department's request. One of the ceasons for this is that Bleeker street was goi~g to be an entrance to the parking lot dnd now is not. Hayor Standley indicated he felt thtit there might have been an inequity to Dr. orten but Yank Mojo of the Planning Department told Council he couldn't speak for the first three tirres but the last meeting with regard to the building nothing about a Floor Area Ratio above 1:1 was discussed. Grueter said they had reached an agreement of a FAR of 1.5:1. Mojo stated at no tlme was Office/MlIlti-family zone designated to be anything but a FAR of 1: 1. Councilwoman Pedersen said she felt very strongly that the Council was working on a zoning code that was going to have the first reading in two' weeks. The Council han had enumerable assaults on the code already. Councilwoman Pedersen stated she was going to vote against this proposal because whe couldn't see the constant nibbling away at the code. Councilman De Gregorio said he felt the opposite of Councilwoman Pedersen. councilman De Gregorio indicated he felt Council was really restricting the C-l areas. Rents in the current areas have gone up so high ano people are having -to drop out of there and De GrGgorio felt the City needed more C-l areas and the athletic club interested him because it was a use that the City didn't have. The Council should be flexible before the zoning code is finalized. . ,.... '~.\- " J ~t }. ~ ~ '<j ij flU' ;if !: i , l';' \II' , 1 <.;";,,, IV,.', , Ce. It", C'. ~,; , :;;:. , K', , t , l. i I > f, > . . I .. , ,.1 , i . 1 i , f ,.?, " ,......~ -". :'1 f ~ .*, , t 'i. j i , , l - ''''''~'='''0IL,""",'~~,,''i/l ~~",~~':li.~~.~_,:,"""-"-,...-....-~~,.,..,;-~.""<""~",~....~.i"'~-'.1;.;"';'"""""-",,,,,,,,,~;,,,:..,~ , , 171~ en city council Regular Meeting ASP __"",,"~,-='=.~",:---""~~--'.,. :'--:~~~~:"::: March 10, 1975 .---.---'-~~==-","~="."....--,-~==~= --'.-~= , MA.A. would offer to spend $10,000 to renovate the basement and to pay $3,500 per 1he r providing whatever is spent for renovation is credited against the rent. The 5ummAe is also asking for a minimum of a three year lease. !<,A. . d Armstrong, Parks and Recreation Direction, said there was a soda fountain in the Te ment and the space is just bar~ly adequate to install some type of kitchen which ~as~d feed that amount of people. Mayor Standley questioned the ventilation and electric ~OUtem. Armstrong told council some ventilation and storage for foods would have to s~5installed. Mayor Standley asked if there was sufficient capacity to femthat many be pIe. Edgar Stern said not everyone ate at 'once. Mayor Standley mentioned that Gras~~ ~eOtS was wi~ling to move their office space upstairs. Councilwoman Markalunas asked :~~t would happen to the recreation program down in the basement. Armstrong said they could make ot~er arrangements. councilwoman Markalunas moved to lease the basement of the Wheeler Opera House, or that '~ortion under the control o~ the city, to the M.A.A. for three years as per their memo- ~andum submitted dated March 10, 1975, and to move Grassroots upstairs; seconded by councilwoman Pedersen. councilman Behrendt suggested a rent of $1 per year plus their share of the utilities. Edgar Stern said the M.A.A. planned on paying their utilities as they would only use the sp .or nine weeks.. Mayor Standley told Council the city could use the space at other times. :rmstrong asked if other civic gr~ups already using that space could still have it when ~hC M.A.A. wasn't using it.. Edgar Stern said the M.A.A. would prefer to keep it under their control but perhaps something could be worked out for after 8 p.m. and the MA.A.A could lock up the kitchen. councilman De Gregorio suggested the motion be amended to include the fact that the City can use the space after 8 p.m. councilwoman Markalunas amended her motion so to read. All in favor, motion carried. . .~H ASPEN VILLAS - Final Subdivision Yank Mojo, Planning Department, presented the final plat to council. Be also told council that the Vill~s were drawing up an agreement to prohibit us~ of the basements in the villas for bedroom purposes. Mojo mentioned to Council the property was valued at one- quarter million dollars for cash dedication purposes. The cash dedication to the City will be $10,000. ;, M~yor Standley asked where the public trail will be. Mojo told Council it was on the western boundary and will be paved in concrete. ~here will be accesses to this meandering path from Seventh and Hallam. The bike path will not go on Seventh and Hallam because that is too dangerous. Mayor Standley asked if the bike path could be marked as such. ~lojo said yes, it could. City Attorney Stuller said this agreement was directing that the subdivision agreement be recorded and the City was accepting the cash dedication. Councilwoman Markalunas said it was her understanding that there were to be ~o parking i;igns along Hallam from the bridge to the corner. That hasn't been done. In the sununer the bike trail is obstructed with parked cars. Mojo told Council it was up to the City to post the signs. Also, there are to be no curb cuts off Hallam street except one. Councilman De Gregorio made a motion to approve the final plan for subidivision; seconded bi' Councilwoman Pedersen. Art paily, representing t~e Villas, pointed out to Council the figure on pages 4 and 5 of the subdivision agreement for escrow arrangements should be $67,256.. nll in favor of the motion, except Councilman Behrendt and Mayor Standley. Motion carried I h20 HYMAN BUILDING Uon Fle1sher presented two models to Council for his proposed building site that he felt :re both better than the bu~lding approved under Ordinances #19 and #50, Series of 1974. .he f1rst model had three levels above grade and the roof line fits into the scheme of the ~lock. The second model had one floor below grade. Fleisher pointed out to Council that lI~~se are n01; final design schemes but to demonstrate how mass and density can work and ~~lll take into account the rest of the block. Both of these plans have the same amount :.open space but it has been distributed differently. Fleisher also mentioned they are s~lll studying which one they liked best. Councilman ~ehrendt moved the council vote in favor of the two story model. Coun '1 r C1 man Breasted asked if the two story scheme had all been worked out. Jerry McCarth' ~~rresenting Tom Wells who is the architect for the projecL, told Council some of the al~ct plans may vary, but he could live with the two story project. The two story scheme th~oWs.them.the most square footage and has the lowest profile. Fleisher told Council ey wanted to go ahead.with one design. COuncilman Behrendt called h1' s' '1 'd d mot~on~ CounC1 man De Gregor1o secon e . Council Vot d ~oma~ Pedersen asked if Fleisher still had to come back April 15 if the Council 'WOIl~t On th1S project. Fleisher said Council would vote on one of these schemes and he idea com~ back again or Council could vote to let them re-design the project on their Brf'Lls, E1ther result would be a synthesis of the two projects and ideas. Councilman. cou~S~~d aSked what ran~c 0f subtlety Lhey we~e talking about in changing of their desig~ tlidn;~ man Breasted said he felt all this should be made very cl~ar so that Fleisher that th~pe~d ~oney and time unnecessarily in a misunderstanding. Fleisher answered this 1s 1S Just a model which shows a concept. and not a design. If the Council approvE Concept then he will desgin it. , ~, ~ r' ) ..,~'.~ ~ ~ "- _.._- --,.,-~ i-- . t718 Regu~:.::. .Meeting Aspen City Council March 10, 1975 ,~,.,'=-r-=~_ --=- ." --'--~.=""~'~ Councilwoman Markalunas mentioned she liked the three story concept better because it didn't make bhe block look like such a pancake. Jerry McCarthy told Council they needed direction so that they could pursue a'design. Mayor Standley said Council could accept conceptual idea of the two story model but Fleisher will have to do some more work on the design and bring it back to Council for final approval. The Council is reserving final approval. All in favor of the motion e~cept Councilmembers Markalunas and Pedersen; motion carried. TRAIL DEVELOPMENT planner John Stanford presented a map to Council and told them that the County had a work program scheduled this summer with regards to work on the trails and suggested some trails the City could get involved in if they wished. The first was a paved trail from the Rio Grande trail down through Castle Creek and connecting with the existing underpass under the bridge down to the music school. Stanfor told Council this is a tentative part of developing a loop system around the City. Another trail could be the Ute Avenue trail link through the Benedict property to Highway 82. Another possibility is a trail in the general alignment of the Salvation Ditch from Highway 82 to behind Silver King. There is also the possibility of going from where the Rio Grande trail ends by the Hunter Creek and Roaring Fork bridge down to Mill Street on the old Rio Grande right-of-way. Stanford also pointed out the City could construct a trail from Bleeker to Main to Seventh in order to allow bikes to avoid Main Street. Stanford mentioned the opportunity of demonstrating how urban trails could be incorporated by building a path from the bridge the City just built on East Hopkins to Park Circle. Councilwoman Markalunas asked about using penaprime which is much less expensive than paving. Penaprime might be adequate for bicycles. John Stanford also said the Rio Grande trail link could go from Main Street through the Rio Grande property and connect most likely at Mill Street. This would get the people walking from Silver King off Mill Street. councilman Breasted indicated he would rather see a very strong pedestrian link made from the parking lot to town than from Silver King. He believed this is a higher priority. Stanford answered that that could be incorporated into the Rio Grande trail element. to see if the City would like to The County trail system will cost Stanford told Council he was presenting th~se choices go any further with trial implementation this summer. around $5.00 per lineal foot not including labor. Mayor Standley affirmed all County trails in the City limits will require City approval first. The City will look at all their en~ineering plans. The City is taking flak for the County trails built last summer because citizens think they are ours and because the trails did not stand up over the winter. Councilman Breasted asked if there would be recommendations for the signing of trails. Stanford said the County has developed a trail signing program and perhaps the City may want to look at them. Councilman Breasted indicated he meant something al~ng the lines of an overall trails c'ystem map. City Manager Mahoney told Council the Mall Commission was addressing a tra.il~~, system map. John Stanford asked City Manager Mahoney to address the budget in terms of trail implimentation. City Manager Mahoney told Council that the City could incorporate some of this with the water preservation we need to do and go down the end of Galena Street with steps into the parking lot. The City has three ditches that we must preserve this summer, we can enlarge the ditches and use beneficially. The City can apply the water to Ute Children's Park, dump the water back over the ridge below the cemetery, down through the Gant area and Glory Hole park, through our storm sewer run off and come off near the Courthouse; and have the water cascading down Galena Street and into the Rio Grande parking lot, apply it either to ponds or some other beneficial use. City Manager Mahoney said he would like to incorporate a trail to serve the Rio Grande parking lot with this water system. . Councilwoman Markalunas pointed out the steps would be nothing but trouble in the winter- time. Perhaps a meandering path would be better. Planner Stanford said the path already meandered somewhat and the Planning Department would like to provide a more direct access to the parking lot. Mayor Standley said Council didn't budget any money for trails in 1975. John Stanford said the link between Bleeker and Main Street would cost around $1,500. Councilwoman Markalunas suggested using chip and seal as the Villas are doing. This would cost 1/3 as much and it would be a good experiment to see if chip and seal were adequate for bike paths. Councilman Breasted said he would rather see the Council pursuing a separate crossing of Castle Creek. Mayor Standley told Council this was not an appropriate way to be attacking the trail system. COQncilwoman Markalunas asked the City Manager to see what the budget can s~and d and have this subject brought back at the next meeting. Councilwoman MBrkalunas ind1cate ~he felt Council was pretty much in favor of these two links (Rio Grande and Bleeker). I.. __ ,_. ~ ~~ .~:-::- ._...:,~~ Trail' opment" ~. ,; opera ..;>' Castle I Ute AVt:. Bleekt-: :!ice Rio Gr~' , Trail , Watcor ... trail' ~. ':'I.lj - ~ ~ ,..,.' ~~,>"- ,,"'.r .... ...J'J'.;:.J ........- ,.'v"" ';.ck".~~' ,~~ ~.., ~-' "' - ".."............ ........... .....~~._-~-._. (28 special Meetin_? ~~~~:::--..---~~ - -~ -~ - .......== Aspen City Council March 18, 1975 - --=.=- -~=- Meeting was called to order by Mayor Standley at 7:00 p.m. with Councilrnembers Behrendt, De Gregorio, Markalunas,City Manager Mahoney and City Attorney Stuller present.. , ORDINANCE #16, SERIES OF 1975 I I , special meeting was called to read Ordinance #16, Series of 1975, for a second reading. councilman Behrendt moved to read Ordinance #16, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. ORDINANCE U6 (Series of 1975) AN ORDINANCE REDISTRICTING THE CITY OF ASPEN; ESTABLISHING THREE (3) VOTING PRECINCTS WITHIN THE CITY; PROVIDING THAT NO PRECINCT CONTAIN MORE THAN 1,200 ELECTORS; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT i r was read by the Deputy City Clerk. ~ councilman Behrendt moved to adopt Ordinance #16, Series of 1975; on second reading; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Behrendt, aye; Markalunas, aye; De Gregorio, aye; Mayor Standley,.aye. All in favor, motion carried4 Councilman De Gregorio moved to adjourn; seconded by Councilwoman Markalunas. favor, motion adjourned at 7:20 p.m4 All in li!4~tlJt. ~lJ:"a',h-;'~~l-Y City Clerk Regular Meeting Aspen City Council March 24, 1975 Mayor Standley called the regular Council meeting to order at 5:07 p.m. Councilmembers Behrendt, Breasted, De Gregorio, Markalunas, Pedersen, city Manager Mahnney, and City Attorney Stuller were present. MINUTES CounciLman De Gregorio moved to approve the minutes of March 10, and the spec~l meeting of March 18, 1975, as submitted; seconded by Councilman Breasted. All in favor, motion carried. ...~--- / .'~, -=",= -:--~-~~- Ord. I:, Redist. City" , ,ath 1.< ~'JS , ' c~ssion " : rail :ecnt "Sl.' CITIZEN PARTICIPATION ~l) Don Fleisher, of the 620 Hyman Building, told Council he had the working drawings t 620'H~w" iJ ready. He requested to appear at the next study session to discuss the problem of time \ with the Council on his re-design project. Council decided to set a date for the study session later on in the meeting. 2) Hans Gramiger told Council he had an offer to buy 18 European ele .tric trolley buses, Troll'1'~ and that General Motors had 50 American Trolley buses. These buses can be charged with a battery pack so they can be without wires. There is a good chance they can be pollution free. Hans Gramiger told Council he was opposed to fixed rail on one count, he believes in flexibility. COUNCILMEMBER COMMENTS 1) Councilmember Breasted asked. if there was any interest on Council's part in re- considering the post office, as the post office seems inflexible in its position. Council~an De Gregorio confirmed his interest. Councilman Breasted pointec out the City would have a continuing hassle and a facility may appear in the City for the post office where it is not desirable. City Manager Mahoney told Council he had just gotten word from Don Piper that they were still interested in the land trade. Councilman Breasted said he realized the post office was inflexible but the City had the choice of giving them a facility and getting delivery to the neighborhoods. If the city is interested in reducing the impact of the automobile, it seems this compromise is the way to go. If the City doesn1t do this, it will be an ac~ of a public body in contradiction of wanting to reduce the impact of the automobile. Councilman Breasted also said he felt it should be made clear to the public that the City was turning down better mail service, not mail service we wa~t, but better mail service. Mayor Standley said the post office had to give the City some service whether we let them have land to build a. post office on or not. Councilman Breasted moved to put the post office on the agenda~ seconded by Councilman De Gregorio. All in favor, Councilman Walls abstained; motion carried. Mayor Standley said this item would be put under City Manager. 2) Councilman Breasted told Council that with the zoning code up for adoption and the provision f~r off-street parking in the commercial core deleted, he felt the Council should take a very aggressive stand in regard to a parking facility either at the Rio Gr~nd7 or under Wagner Park. It whould be up to the Council to announce a po11cy that the C~ty can pursue in the very near future. ., Post l. pnrk1rl,_ f.ellIl /"...,,- ~, - '""' 1745 Re~lar Me~tiI!'2~ Aspe~Cit~ Council April 14, 1975 o~_____.,. _ __~,... " -'~reay Gorge ~ 'luor lie. j 3~.,l'Y' J J , 620 Hyman building :] Alan Gordon told Council the Great Gorge was a full service restaurant with breakfast, lunch and dinner. They art:: opeu from 7:00 a.nlo to 11:00 p.m. Gordon considered full service restaurant not only serving three meals but also serving beverages that. patrons might require. Mayor Standley asked what the seating capacity of the bar would be; Gordon answered presently eight and at maximum would be 14. Councilwoman Markalunas questioned Gordon holding three offices of the corporation. City. Attorney Stuller said that only three offices were obligatory and only the treasurer and secretary could not be the same. There were no opponents to the issuance of the liquor license. Mayor Stanley closed the public hearing. Ii I' .1 Councilman Behrendt moved to approve the liquor license for the Great Grage restaurant; seconded by Councilwoman Pedersen. Councilman De Gregorio questioned whether the needs of the neighborhood have not been meet, it is his feeling that they-have. Councilwoman Markalunas agreed and' said there was no proof tonight to show Council that the needs had not been met and this is one of the obligations of the applicant. . Councilman Behrendt pointed out this particular party is not applying for. a bar license but a restaurant which wants to serve drinks to its clients. In this sophisticated town, one must serve drinks with dinner in a good restaurant. Councilman Behrendt questioned if the needs of the neighborhood had been met in terms of good dining. Mayor Standley agreed and added that the Council's role was to more or less protect the citizens of the community from questionable operators coming in and to question whether the constraints established by the state are being fulfilled. Mayor Standley said he felt that Gordon had shown that he could run a good restaurant and been conscience and Gordon deserves to compete on the same basis as all the other "good" restaurants in town. City Attorney Stuller pointed out that the needs of a restaurant are not the criteria, it is the needs of the neighborhood. City Attorney Stuller said the Council must start making demands of the applicant to establish that the needs have not been satisfied or the time will corne when the Council will want to start denying and will have no basis. A precedent has been set for an open ended policy. Mayor Standley said a work session on the liquor licensing policy and how to establish criteria has been in order for a long time. Councilman Walls said past Council met with the State liquor people in order to set up guidelines. The Council can set up the needs of the neighborhood very easily by having the state liquor people run a survey on these needs. With some fifty-odd outlets in the proximity of the Great Gorge, Councilman Walls said it was ludicrous to think the needs of the neighboIh0od had not been met. Alan Gordon said it seemed to him that there would never be a definitive answer to what the "reasonable requirements of the neighborhood" are. Gordon pointed out that sig- natures on a petition could be gotten for any project. Councilman Behrendt asked Gordon if he did in fact have petitions and how many signatures were on these. Gordon answered yes, and in excess of 800 signatures. City Attoreny Stuller said Council can not establish a maximum number of liquor licenses to be issued, that the needs have not been satisfied. This is an affirmative requirement. It is not established by Showing lack of protest. Because people1s need for a drink can be satisfied off premises, the Great Gorge defeats the argument that the needs of the neighborhood has not been satisfied. City Attoreny Stuller told Council that they must get more stringent in their analysis of liquor license applications. Councilman Behrendt said that due to the Council's inconsistent policy of issuing liquor licenses they had in effect given a monopoly to a certain number of peopl in town. This applicant has proven what they can do with a restaurant and they should be allowed the right to complete. If the Council wishes to establish a policy it should be done in the future. Councilrnembers Behrendt, Breasted, Mayor Standley in favor of the motion; Councilmernbers Pedersen, Markalunas, De Gregorio, Walls opposed. Motion NOT carried. I' I. ., I: Ii Ii 620 HYMAN BUILDING City Attorney Stuller told Council that the condition of the grant of Ordinance #25, Series of 1975, were that the applicant comply with all recommendations of the P & z under Ordinance #19, Series of 1974. This presents some problems because there is a change of use in the basement. '. Don Fleisher told Council under Ordinance #19, Series of 1974, a restaurant was approved. for the basement, his new design has put a theatre in the basement. Mayor Standley asked the relative number of seating difference. Fleisher said he thought a restaurant would have about 150 seats and a theatre 400 seats. Planner john Stanford said a theatre would generate more traffic. Mayor Standley said based on the leeway the Council had given given this project, Fleisher told Council this was not a new theatre but was a trans- .fer of the Wheeler Opera House. Stanford told Council that theatres were not allowed in the C-I zone, nor were restaurants, but the P & Z had approved a restaurant use in the basement. Councilman De Gregorio said he would rather see a restaurant use here. City Attorney Stuller told Council that under this Ordinance #25, Series of 1975, Fleisher was bound to the uses as approved by the P & Z under Ordinance #19, Series of 1974, review.' Fleisher brought up that the minutes reflect a restaurant use in the basement and offices on the top two floors. He said that was inaccurate ~s they were to have retail ~n the ground level, which in on the sidewalk grade, and office on the top. City Attorney Stuller asked Fleisher if he would put the C-I uses as they exist in the zoning code now. Fleisher said he wanted the flexibility the desgination "retail" gave him under Ordinance #19, Series of 1974, review. Mayor Standley said that the Council was going to make this building comply with the zoning. City Attorney Stuller reiterated the -.-,-.----..--...----". _...._---~._.._~-..-_. ,r - 1746 . i . I Regular Meeting .- April 14., 1975 1) City Manager Mahoney addressed the Council on the offer from Aspen One to the Mayor to trade their property. The offer was made on Friday and discussed at lunch. City Manager Mahoney suggested sCheduling a work session to discuss the proposal. City Attorney Stuller told Council the ownership of the land was under question and there was a lis pendens on our property~ A work session was scheduled for Monday, April 21, 1975 at 5:00 p.m. 2} City Manager Mahoney told Council he had inquired into underground parking. Fritz I underground Benedict had written Mahoney, "We would like to withdraw our name from the feasibility !I parking _ study of underground parking. We do not have the necessary dat~ base to do a proper Ii Piz=agalli study." ~ City Manager Mahoney presented an agreement with Pi,zzagalli to do a feasibility study on ~ -__ underground parking. Councilman Behrendt said it was unappropriate to have the person tha~ would benefit most from building such a structure do the feasibility study. Councilman ~ Breasted agreed and said the City should look into engineering firms to assist. ~ City Manager Mahoney told Council this agreement for the feasibility study was for $2,000 I! for just the first go round. Perhaps when the feasibility study was done, the City would II decide to bring somebody else in. Mayor Standley told Mahoney to get a confirmaiton from Pizzagalli that they would do the study for $2,000. Aspen City Council ,.-- -,.-.=,--=~-- restaurant is allowed, even though it's not a C-l use, ~hc offices are allow~d, but the retail uses will not be all expansive, they will be limited to the C-l uses listed in the new code. Councilman De Gregorio moved to read Ordinance #25, Series of 1975; seconded by Council- woman Markalunas. All in favor, motion carried. Councilman De Gregorio moved to adopt Ordinance #25, Series of 1975, on first reading; seconded by Councilman Behrendt. Roll call vote, Pedersen, nay; Walls, nay; Motion carried. SOLID WASTE CENTER George Ochs, County Engineer, presented some Changes ot the Council regarding running the dump, (1) extending the hours (2) free Sunday (3) consulting with Bishop. Bishop said he would take over the operation for $3,950.00 per month with salvage right or $4,100.00 per month without salvage rights. Mayor Standley indicated he felt a free Sunday was really im~ortant as there had been evidence of. dry gulching. Mayor Standley mentioned he felt salvage rights should be for anybody who wanted to salvage. The dump should be a resourceful place and it does belong to the people. George Ochs asked Council if they wanted to go to a private contractor and not give the contractor!1 the salvage rights. Councilwoman Markalunas mentioned she would like to see the dump have a free Saturday, also. Councilman De Gregroio moved to re-negotiate with a private contractor to take over the dump; seconded by Councilman Breasted. All in favor, motion carried. Councilman De Gregorio moved to retain the salvage rights for the people and to have Saturdays and Sundays as free days at the dump; seconded by Councilwoman Markalunas. All in favor, motion carried. CITY MANAGER Councilman Behrendt said he was worried about the market demand factor. City Manager Mahoney pointed out the City could create that demand. An interest has been generated by merchants in the downtown area that want to have closer access to the automobile. City Manager Mahoney also pointed out that without a feasibility study, the City doesn't know how many cars can be put in the areas considered or how much steel and concrete would be needed. Councilman Behrendt suggested have an in-house study. Councilman De Gregorio said he didn't think an in-house study could be done for $2,000. Councilman De Gregorio moved to accept the proposal from Pizzagalli as outlined, if it truly is $2,000; seconded by Councilwoman Pedersen. Councilman Behrendt said there was nothing in the contract which holds Pizzagalli to producing figures which conform to reality. Councilman Breasted pointed out someone working for his own self-interest would not want to build and operate an underground garage unless they were sure the site selection was right and would satiSfy customers. Councilmembers Pedersen, Breasted, De Gregorio, Mayor Standley in favor; Councilrnembers Walls, Markalunas, Behrendt opposed, motion carried. 3) GREENS FEES Ted Armstrong, Parks and REcreation Director, presented a proposal to Council for increas- I ing the greens fees. He did not increase any rates of the season pass, 50 as not to tax I the local people. The new proposed fees are $3.00 for 9 holes and $5.00 for 18 holes and $.25 a round to go back into the construction holding fund. Councilwoman Markalunas moved to approve the greens fees; seconded by Councilwoman Pedersen. All in favor, motion carried. 4) City Manager Mahoney told Council he needed them to offer $5,000 as a reward for the return of the Silver Queen. This is a request of the HPC and the Centennial Committee in conjunction with the Centennial celebration. Councilman Behrendt moved to offer $5,000 reward for the return of the Silver Queen to Aspen; seconded by Councilman Breasted. All in favor, motion carried. -- -'-- -... -'--~_.~'._------"-,,,--~-,,,~-._...._. ~_"".'._..e,'" "_,.~.___._~_'.,~.___.'"...~_ __..'..__._~..__ _.~. '_"__ _._.__,___~ u Solid waste cen,er !I changes , Ii Aspen One .i property [' I rl. W" , Golf course - greens fees C' Silver QueeQ reward j .. /' I I"" ... c.,;..,_.........<~,..;;-"~. . \ "-.-'--- ....... \ 17411762 II 'ii' il Re: Regular Meeting .' 1i:'.~-=-",,- ," 7'~-~.T>-_-~~ ,:, I rei' I Councilman De Gregorio moved to adopt Ordinance #24, Series of 1975: seconded by Council- ! r~,:: I man Behrendt. ne I councilwoman Markalunas requested that a copy of this Qrdinance be sent to Mary Martin CG. ,I of the Centennial/Bicentennial Conunitte to call her attention to the provisions of the WC;~. 1'\ money. cd Roll call vote; Councilmembers Walls, aye: Pedersen, aye: Markalunas, aye: Behrendt, aye; s ~pedersen, aye: De Gregorio, aye; Mayor Standley, aye. All in favor, motion carried. c I ORDINANCE #25, SERIES OF 1975 S I I Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed G' II the public hearing. , , d r I h '! 'Councilman Behrendt made a motion to read ordinance #25, Series of 1975; seconded by p(i Councilman Breasted. All in favor, motion carried. r(: i M',' s O. d hi Ii c, I :1 s... ii I (I , Ki H 4 , I ! I t t t "f H ,1 'I .. " ~ ~ ~! :~ f: I: ~' Aspen City council Arpil 28, 19,75 '-.-. --.,,':-. ORDINANCE #25 (Series of 1975) AN ORDINANCE EXTENDING THE EXEMPTION FOR THE 620 HYMAN BUILDING FROM THE NEW ZONING CODE, ORDINANCE #11, SERIES OF 1975. ALL IS ORIGINALLY PROVIDED BY ORDINANCE #50, SERIES OF 1974; PROVIDED THAT THE APPLICANT SHALL SUBMIT SUBSTITUTE BUILDING PLANS ON OR BEFORE JUNE 15, 1975; SHALL OTHERWISE COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL, ON ISSUANCE OF A BUILDING PERMIT, PROCEED WITH CONSTRUCTION OF THE EXEMPTED PROJECT WITH REASONALBE DILIGENCE was read by the City Clerk. 1 C ~ councilman Behrendt made a motion to adopt Ordinance #25, Series of 1975; seconded by Councilman De Gregorio. Roll call vote; Councilmembers Pedersen, nay; Markalunas, aye; De Gregorio, aye; Walls, nay; Breasted, aye; Behrendt, aye; Mayor Standley, aye. Motion Carried. I lord. II, Saab 1u\III ORDINANCE #26, SERIES OF 1975 Mayor Standley closed I' , Mayor Standley opened the public hearing. the public hearing. There were no comments. Councilwoman Pedersen made a motion to read Ordinance #26, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion, carried. ORDINANCE #26 (Series of 1975) AN ORDINANCE RATIF Y I NG A LEASE BETWEEN THE CITY OF ASPEN, COLORADO, AND PANSING PONTIAC FOR THE USE OF FOUR (4) SAAB VEHICLES BY THE ASPEN POLICE DEPARTMENT; PROVIDING FOR THE PAYMENT OF A RENTAL OF SIXTY-FIVE ($65.00) DOLLARS PER MONTH PER VEHICLE; AND FURTHER PROVIDING FOR A RENTAL PERIOD OF ONE (1) YEAR was read by the City Clerk. councilwoman Pedersen made a motion to adopt Ordinance #26, Series of 1975; seconded \' by Councilman Behrendt. Roll call vote; Councilmembers De Gregorio, aye; Pedersen, .' aye; Walls, aye; Markalunas, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. All in favor, motion carried. Ii ORDINANCE #28, SERIES OF 1975. I,: Mayor Standley opened the public hearing. There were no comments. Mayor Standley closed i: the public hearing. II Councilwoman Pedersen made a motion to read Ordinance #28, Series of 1975; seconded by Councilman De Gregorio. All in favor, motion carried. ord. :1 TO"l~: [I ;,' , ORDINANCE 128 (Series of 1975) AN ORDINANCE AUTHORIZING THE ENTRY INTO AN AGREEMENT BY THE CITY OF ASPEN WITH THE AIRPORT AUTO'CENTER FOR THE PROVISION OF TOWING SERVICES; REQUIRING TWENTY-FOUR (24) HOUR' TOW S~RVICE BEGINNING APRIL 14, 1975, REQUIRING ITEMIZATION OF BILLING; PRESCRIBING CHARGES TO BE ,ASSESSED; REQUIRING INDEMNIFICATION OF THE CITY AGAINST CLAIMS FOR LOSSES INCURRED AS A RESULT OF THE SERVICES RENDERED was read by the city Clerk.. ,:1 Councilman Behrendt made a motion to adopt Ordinance #28, Series of 1975; seconded by Councilwoman Pedersen. Roll call vote; Councilmembers Walls, aye; Pedersen, aye: , Mqrkalunas, aye; De GregoriO, aye; Breasted, aye; Behrendt, aye; Mayor Standley, aye. I All in favor. . Motion carried. '1