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HomeMy WebLinkAboutagenda.council.regular.20130722 CITY COUNCIL AGENDA July 22, 2013 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Arts and Nonprofit Grant Board Appointments b) Council Appointments c) Resolution #74, 2013 - Contract ARC Cell Antenna d) Resolution #72, 2013 - Contract for 2013 Trail Overlays e) Resolution #73, 2013 - Fleet Replacement of Kodiak Snow Blower VII. First Reading of Ordinances a) Ordinance #30, 2013, 430 W. Main Street Historic Lot Split and Transferable Development Rights b) Ordinance #31, 2013, 125 W. Main Street Historic Lot Split VIII. Public Hearings a) Ordinance #26, 2013 - 534 E Cooper (Boogies) Subdivision b) Ordinance #28, 2013 - 360 Lake Ave. - Erdman Lot Split Subdivision Amendment c) Ordinance #29, 2013 - Increase in Maximum Fines for Ordinance Violations IX. Action Items X. Adjournment Next Regular Meeting August 12, 2013 COUNCIL’S ADOPTED GUIDELINES COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. • Stick to top priorities • Involve others in community problem solving • Be thorough, deliberate and accountable for consequences when making decisions MEMORANDUM TO: Mayor Skadron and City Council FROM: Kathryn Koch, City Clerk RE: Arts and NonProfit Grants Review Committee Appointment DATE: July 17, 2013 The Arts and Nonprofot grant review committee is a recommending board established by Council in 1998 to review and interview applications for city arts and nonprofit grants and to recommend to Council the amount of grants for the next budget year. The committee meets in August and September and attends the Council’s budget meeting. We have two applicants and suggest approving both appointments to the Grant Review Committee. Michael Kosnitzky is a part time resident, a tax attorney who has experience in the nonprofit area. Teraissa McGovern lives and works in Aspen and fits the Council Goal of getting the under 40 demographic involved in local government. The first grant meeting for 2013 is in early August so the committee would like new members appointed by then. By approving the consent calendar, Council is approving the appointment of Kosnitzky and McGovern to the grants review committee. Applications attached P1 VI.a P3 VI.a CITY OF ASPEN APPOINTMENT APPLICATION NAME Teraissa A. McGovern STREET ADDRESS 66 Cloud Nine Rd, Aspen CO 81611 MAILING ADDRESS PO Box 8785, Aspen CO 81612 HOME PHONE WORK PHONE 970-544-0130 CELL PHONE 970-309-0663 E-MAIL teraissa.mcgovern@gmail.com BOARD OR COMMISSION FOR WHICH APPLICATION IS MADE: + Election Commission ______ +** Planning & Zoning Commission + Board of Adjustment Board of Examiners & Appeal +** Historic Preservation Commission Wheeler Board of Directors Commercial Core & Lodging + Roaring Fork Transit Agency + Housing Authority + Liquor License Authority Child Care Advisory Committee + Open Space Advisory Board Aspen /Pitkin Animal Shelter Board Arts & Non-Profits Grants Review x ** HISTORIC PRESERVATION COMMISSION OR P & Z APPLICANTS, PLEASE ATTACH A BRIEF STATEMENT ADDRESSING YOUR GENERAL PHILOSOPHY ON: 1.) Aspen Area Community Plan - on which aspects you may agree or disagree 2.) Growth in Aspen and the Aspen Area 3.) Affordable Housing + CITY RESIDENCY REQUIREMENT IS 1 YEAR IF SELF EMPLOYED, IDENTIFY NATURE OF EMPLOYMENT EMPLOYMENT PREVIOUS TWO YEARS: November 2012- Present: Brewster McLeod Architects; Prior: Employeed in Durango, CO STREET ADDRESS PREVIOUS TWO YEARS: December 2012-July 2013: 715 E Hopkins Ave; Prior: Out of the area. INVESTMENTS AND/OR LANDHOLDINGS IN PITKIN COUNTY: None I desire the appointment for the following reasons:1. Non-profits provide so many opportunities for community members, I would like to be able to participate in keeping them going. 2. I want to learn more about all the non-profits in the area and think this grant review committee is a great opportunity for that. 3. I believe advisory boards need a voice from the younger demographic and I would like to be this voice. SIGNATURE: DATE: apptapp.doc P5 VI.a MEMORANDUM TO: Mayor and Council FROM: Kathryn Koch, City Clerk DATE: July 15, 2013 RE: Council Appointments Based on Council’s discussion last week, below are the Council appointments for 2013-2014. By adopting the consent calendar, Council will be making these appointments Boards Council Representative Mayor Pro Tem Adam Frisch CAST Steve Skadron RFTA Steve Skadron RFTA alternate Dwayne Romero DRGW Covenant Enforcement Ann Mullins NWC Council of Government Randy Ready Aspen Chamber Resort Association Steve Skadron Arts Council Ann Mullins Ruedi Water & Power Authority Ann Mullins CORE Board Adam Frisch Sister Cities Art Daily Burlingame Housing Inc Barry Crook CML Policy Advisory Board Nordic Council Adam Frisch/Art Daily Pitkin County HHS Board Ann Mullins P7 VI.b MEMORANDUM TO: MAYOR & CITY COUNCIL FROM: TIM ANDERSON, RECREATION DIRECTOR THRU: JEFF WOODS, MANAGER OF PARKS & RECREATION DON PERGANDE, BUDGET DIRECTOR DATE OF MEMO: JULY 10, 2013 MEETING DATE: JULY 22, 2013 RE: INSTALLATION OF CELLULAR ANTENNA AT ARC REQUEST OF COUNCIL: Staff is requesting approval of the attached contract (attachment “A”) with Triple C communications in the amount of $37,390.50 for the purpose of installing a cellular antenna at the ARC. BACKGROUND: Patrons at the ARC have been complaining about the poor cellular service within the facility. Emergency contact has been difficult at best, and our maintenance staff use cell phones to communicate with the controls serving the mechanical systems. For these reasons the ARC Advisory Committee has supported staff in looking for ways to improve the service. Due to the large amount of concrete and steel within the building the cell service has been hampered and staff has looked for ways to improve it. Currently the ARC hosts a radio antenna on the building; the cell antenna will replace the current unit. The new antenna is slightly smaller in scale than the current antenna serving the radios. P9 VI.c DISCUSSION: Not only will the antenna provide better cellular service for patrons but it will enhance emergency communications as well. We have had injuries on the ice and staff as well as patrons has tried using their cell phones to contact emergency services and have been unable to do so. Our maintenance staff also currently uses cell phones for communications to speak with each other as well as the control systems for the ice rink and pools. This has not worked well due to the service at the ARC. The introduction of this cell antenna will allow our maintenance staff to communicate with each other and the mechanical systems to keep systems running smoothly. Additionally, contacting emergency services will improve and this is huge for staff and user groups being able to react quickly to emergency needs. FINANCIAL/BUDGET IMPACTS: Staff is funding this improvement through savings in the 2012 Recreation Department Asset Management Plan which have been carried forward to the 2013 budget. Ongoing costs should be very little and what costs might arise staff will cover with operational maintenance funds. ENVIRONMENTAL IMPACTS: The controls which have been and are anticipated to be added to various facilities can be accessed by cell phone. This allows staff to deal with issues at times without having to get in a vehicle and drive to the location in need. RECOMMENDED ACTION: Staff is recommending the approval of the attached contract with Triple C communications for the purpose of installing a cellular antenna at the ARC. This will improve customer service for patrons; improve contact of emergency services and communications for our maintenance staff to better address issues with mechanical systems more immediately. ALTERNATIVES: The alternative is to remain with the poor service and operate as we have in the past. P10 VI.c PROPOSED MOTION: I, , motion to approve the agreement with Triple C communications in the amount of $37,390.50 for the purpose of improving communications from within the ARC. CITY MANAGER COMMENTS: ATTACHMENTS: “A” Contract with Triple C Communications “B” Photo of Antenna P11 VI.c RESOLUTION #74 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND TRIPLE C COMMUNICATIONS INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for cellular equipment installation, between the City of Aspen and Triple C Communications Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for cellular equipment installation, between the City of Aspen and Triple C Communications Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of July 2013. Steven Skadron, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held July 22, 2013. Kathryn S. Koch, City Clerk P13 VI.c P15 VI.c P16 VI.c P17 VI.c P18 VI.c P19 VI.c P20 VI.c P21 VI.c P22 VI.c P23 VI.c P24 VI.c P25 VI.c P26 VI.c P27 VI.c P28 VI.c P29 VI.c P31 VI.c Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Austin Weiss, Trails Manager THRU: Stephen Ellsperman, Parks and Open Space Director DATE OF MEMO: July 15, 2013 MEETING DATE: July 22, 2013 RE: Trail Overlays Contract REQUEST OF COUNCIL: The Parks Department is requesting approval of a contract with Elam Construction for $52,522.50 for pedestrian trail overlays and repairs. PREVIOUS COUNCIL ACTION: In November of 2012, the 2013 Parks Department Budget was approved which included $50,000 for trail overlays and a carry forward from the 2012 budget of $30,000. DISCUSSION: The City of Aspen Parks Department maintains over 20 miles of pedestrian and bike trails throughout the City. Almost 1/2 of these trails are made of asphalt which require periodic overlays to maintain a smooth and safe surface. Asphalt deteriorates over time due to numerous factors including: freeze/thaw, snow removal, overall use, tree roots up lifting, construction impacts and age. This deterioration shows up in the form of cracks, bumps, and general rough surfaces that can pose a safety threat to trail users and can affect the overall trail experience. It is critical that this maintenance occur each year to prevent serious safety issues from developing. This is an ongoing capital maintenance need for trails and is budgeted annually. FINANCIAL/BUDGET IMPACTS: The overlay contract with Elam Construction is for $52,522.50. The Parks Department 2013 budget has $80,000.00 for trail overlays. ENVIRONMENTAL IMPACTS: Keeping the pedestrian trails in good shape encourages alternative transportation and thus contributes to a reduction of air and noise pollution. RECOMMENDED ACTION: Parks Staff recommends approval of the funding for the asphalt contract. P33 VI.d Page 2 of 2 ALTERNATIVES: Council could decide not to approve the contract in which case the trails could remain as they are today. The main concern regarding non-approval of this contract is the potential safety hazards that could appear on areas of the trails that are deteriorating. PROPOSED MOTION: “I move to approve Resolution #72, Series of 2013 CITY MANAGER COMMENTS: ATTACHMENTS: A - Contract with Elam Construction P34 VI.d RESOLUTION #72 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ELAM CONSTRUCTION INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Asphalt Overlays for Park Trails, between the City of Aspen and Elam Construction Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for Asphalt Overlays for Park Trails, between the City of Aspen and Elam Construction Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of July, 2013. Steven Skadron, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, July 22, 2013. Kathryn S. Koch, City Clerk P35 VI.d P37 VI.d P38 VI.d P39 VI.d P40 VI.d P41 VI.d P42 VI.d P43 VI.d P44 VI.d Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready, Asst. City Manager DATE: July 22, 2013 RE: Snow Blower Replacement Contract Approval 2013-081 _____________ REQUEST OF COUNCIL: Staff recommends approval of contract 2013-081for the replacement of one loader-mountable Kodiak snow blower. PREVIOUS COUNCIL ACTION: The 2013 Asset Management Plan contains the funds for this fleet replacement purchase. City Council approved the 2013 Asset Management Plan as part of the 2013 Budget. BACKGROUND: This purchase is the result of sole source through Kodiak America to ensure parts interchangeability and similarity of equipment operation regardless of which blower is in use. The Street Department currently has two Kodiak snow blowers and the older one is due for replacement this year. The new blower will be put on a 10-year replacement cycle and will be reassessed for replacement at that trade in time. DISCUSSION: The current snow blowers that the Street Department uses are Kodiak model SC4844’s. These machines are specially-built for the purpose of loading dump trucks for our extensive snow removal system. These blowers are on a 10-year replacement cycle and the time has come to replace our oldest machine since it is experiencing reliability issues and increasing maintenance needs. The snow blower is an attachment that couples to the front of a Volvo loader. The controls are electronic and are mounted in the cab of the loader, with a quick release on the wiring system between the loader and the snow blower. This system lets the operator uncouple the blower and the wiring loom from the control panel and re-couple this system to the other Kodiak blower in about five minutes. In the event that a blower breaks down, the operator will be able to change from one blower to the next and the down time will be reduced to minutes instead of hours. It is necessary to remain with the same type of snow blower so it will recouple to the existing controller in our loader. We have two Kodiak snow blowers, one is 5 years old and the other is 10 years old. We will be replacing the older snow blower and keeping the 5 year old snow blower as a backup machine. These snow blowers are the backbone of our snow removal process to enable us to remove (not just plow to the side) all of the snow on Main Street and in the core area after a snow event. The lack of reliable equipment can lead to major equipment repair costs, P45 VI.e Page 2 of 2 increased cost for the leased dump trucks, overtime wages, and delays in getting the highway and core area clear of snow. FINANCIAL/BUDGET IMPACTS: The Street Department has $170,000 in the 2013 budget for this replacement. The price for the new Kodiak snow blower is $213,000. Kodiak will be providing $44,000 for the old machine, bringing the total contract price to $169,000. ENVIRONMENTAL IMPACTS: The new snow blower will have a John Deere 400 HP Tier III diesel engine that complies with 2013 off road emissions. The new machine is built out of lighter but stronger Hard-ox steel to reduce weight, yet remain strong. The chute will be larger, enabling the snow to move through the chute more freely, reducing engine strain so that it can run at a lower RPM. This will allow us to use less fuel, lower the exhaust emissions and make the equipment noticeably quieter when in operation. RECOMMENDED ACTION: Staff recommends council approval of contract 2013-081 for the replacement of the Kodiak snow blower for the City of Aspen Streets Department. PROPOSED MOTION: “I move to approve Resolution #73, 2013 on the consent calendar of Monday, July 22, 2013.” CITY MANAGER COMMENTS: ATTACHMENTS: P46 VI.e RESOLUTION #73 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND KODIAK AMERICA AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for LMSC Snow Blower, between the City of Aspen and Kodiak America, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for LMSC Snow Blower, between the City of Aspen and Kodiak America, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of July 2013. Steven Skadron, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, July 22, 2013. Kathryn S. Koch, City Clerk P47 VI.e P49 VI.e P50 VI.e P51 VI.e P52 VI.e P53 VI.e P54 VI.e P55 VI.e P56 VI.e P57 VI.e P58 VI.e 1 MEMORANDUM TO: Mayor and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: 430 W. Main Street- Historic Landmark Lot Split and Transferable Development Rights, First Reading of Ordinance # 30, Series of 2013 DATE: July 22, 2013 ______________________________________________________________________________ SUMMARY: The subject property is located within the Main Street Historic District and contains a late 19th century Victorian era home that currently functions as an office. It was built for M.O. Berg in 1892. Mr. Berg was the proprietor of The Mint saloon in downtown Aspen. In 2005, a previous owner received approval for a Historic Landmark Lot Split, but never filed a plat to finalize the subdivision, so the approval expired. The new owner proposes to resurrect the lot split. A 4,000 square foot parcel will be created on the corner. The right to develop a single family home on this parcel will be converted into 8 TDRs, to be landed elsewhere in town. 144 square feet of buildable area will be left on the lot. A very large tree will be preserved without impacts from the construction that would have been possible without the TDRs. The 1904 map below illustrates that the new vacant lot (Lot K and a portion of Lot L) was not developed in the Victorian era. It has always been an open yard. 430 W. Main today 430 W. Main in 1904 P59 VII.a 2 A 5,000 square foot parcel will be created and will contain the Victorian structure. The applicant has received a 500 square foot floor area bonus from HPC, which will be used to cover a portion of the 2,350 square foot Victorian. The unused development rights on this lot will be 518 square feet, 500 of which is to be converted into 2 TDRs and sold. The floor area bonus was specifically approved as a reward for the preservation of the site without additional development. The ordinance contains language that revokes the bonus should the TDR concept be abandoned. HPC has recommended that Council approve the proposal. As part of their review, HPC also granted a sideyard setback variance to allow the Victorian house to be 3’ from the new lot line rather than the standard requirement of 5.’ Council is the decision-making authority on both the lot split and the establishment of TDRs. APPLICANT: Karbank 430 LLC, Neil Karbank, represented by Alan Richman Planning Services. PARCEL ID: 2735-124-42-004. ADDRESS: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. ZONING: MU, Mixed Use. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet Section 26.480.030(A)(2) and (4) and Chapter 26.470. Growth Management where applicable. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT All of the following conditions must be met: a. The land is not located in a subdivision approved by either the Board of County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding: The property is in the original townsite. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. Staff Finding: The applicant proposes two lots, both of which conform to the MU zone district. P60 VII.a 3 c. The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Chapter 26.470. Staff Finding: No subdivision exemption or lot split exemption has been executed. d. A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding: The subdivision plat shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. e. The subdivision exemption agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Finding: No building sits on the proposed new lot line. No buildings will be demolished. g. Maximum potential residential build-out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The Transferable Development Rights for the site will be based on a single family use on each of the two lots. . 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT All of the following conditions must be met: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, C-1 or MU Zone District. Staff Finding: The subject parcel is 9,000 square feet and is located in the MU Zone District. b. The total FAR for each lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed P61 VII.a 4 uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Staff Finding: The property is zoned mixed-use and therefore has a maximum floor area of up to 9,000 square feet. TDRs can only be established based on the residential development potential of the site, which is a lower square footage, in this case half of the mixed-use potential. The 4,000 square foot lot is eligible for 2,144 square feet of residential floor area, or 8 TDRs. The 5,000 square foot lot is eligible for 2,868 square feet of floor area (including a floor area bonus), or 2 TDRs after the existing Victorian house is covered. In spite of the floor area calculation being based on residential potential, the Victorian can continue to be used as permitted in the zone district, including functioning as office space. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. Staff Finding: The development will meet the dimensional requirements of the zone district except for a setback variance that was approved within the authority of the HPC. TRANSFERABLE DEVELOPMENT RIGHTS 26.535.070. Review criteria for establishment of a historic transferable development right. A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Staff Finding: Single family and duplex uses are permitted in the zone district where 430 W. Main Street is located. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Staff Finding: The application demonstrates that there is unused FAR available on the property. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. P62 VII.a 5 Staff Finding: No non-conformities will be created by the project. All dimensional requirements of the zone district are met or have properly received variances from HPC. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Staff Finding: The analysis only includes development that is by right or has been awarded by HPC approval. E. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Finding: No such development order exists. F. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as my be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Finding: The deed restriction will follow the form approved by the City Attorney. G. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Finding: A closing will be scheduled at the conclusion of the review. H. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development P63 VII.a 6 Director. Certain review fees may be required for the confirmation of built floor area. (Ord. 54-2003, §§ 4, 5) Staff Finding: The applicant has provided floor area analysis. ______________________________________________________________________________ RECOMMENDATION: Staff and HPC recommend Council approve this Historic Landmark Lot Split and the creation of TDRs, with conditions outlined in the Ordinance. PROPOSED MOTION: “I move to approve Ordinance #30, Series of 2013, on First Reading.” CITY MANAGER COMMENTS: _______________________________________________ ______________________________________________________________________________ _____________________________________________________________________________ Exhibits: Ordinance #30, Series of 2013 A. Application B. Draft HPC Resolution C. HPC minutes P64 VII.a 430 W. Main Ordinance #__, Series of 2013 Page 1 of 4 ORDINANCE #30 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT AND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #:2735-124-42-004 WHEREAS, the property owner, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split and Transferable Development Rights for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the requirements of Municipal Code Section 26.480.030(A)(2), Subdivision Exemptions, Lot Split and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split; and WHEREAS, for City Council approval of Transferable Development Rights, the application shall meet the requirements of Municipal Code Section 26.535.070; and WHEREAS, at their regular meeting on June 26, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and unanimously recommended City Council approval by a vote of 6 to 0. The Historic Preservation Commission also granted a 500 square foot floor area bonus, an action within their authority, according to Section 26.415.110 of the Municipal Code, on the basis that development rights on Lot 1 would be converted to TDR's and sold; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split and Transferable Development Rights are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: P65 VII.a 430 W. Main Ordinance #__, Series of 2013 Page 2 of 4 Section 1: Historic Landmark Lot Split and Transferable Development Rights Pursuant to the findings set forth above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption and up to 10 Transferable Development Rights for 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado with the following conditions: 1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except the variances approved by the HPC; and d. Be labeled to indicate that: Lot 1, a 4,000 square foot lot, is allowed a maximum floor area of 2,144 square feet. 2,000 square feet of floor area has been approved as 8 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Lot 2, a 5,000 square foot lot, is allowed a maximum floor area of 2,868 square feet, including a 500 square foot bonus granted by the Historic Preservation Commission, on the basis that the development rights on Lot 1 would be converted to TDR's and sold. 500 square feet of floor area has been approved as 2 Transferable Development Rights, which may from time to time, and as warranted by the TDR market, be converted into certificates and sold. Certificates for the two TDR’s that may be issued in connection with the 500 square foot floor area bonus awarded for Lot 2, pursuant to Aspen Municipal Code Section 26.415.110.F.1 h, shall not be issued unless and until certificates for all eight TDR’s for Lot 1 have been issued and the corresponding deed restrictions recorded for each of those eight TDR certificates. P66 VII.a 430 W. Main Ordinance #__, Series of 2013 Page 3 of 4 Section 2: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. P67 VII.a 430 W. Main Ordinance #__, Series of 2013 Page 4 of 4 Section 5: Public Hearing A public hearing on the ordinance shall be held on the 26th day of August, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of July, 2013. _______________________ Steven Skadron, Mayor ATTEST: _____________________________ Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this ___ day of ____, 2013. _______________________ Steven Skadron, Mayor ATTEST: _______________________ Kathryn Koch, City Clerk APPROVED AS TO FORM: __________________________ James R. True, City Attorney P68 VII.a P69 VII.a P70 VII.a P71 VII.a P72 VII.a P73 VII.a P74 VII.a P75 VII.a P76 VII.a P77 VII.a P78 VII.a P79 VII.a P80 VII.a P81 VII.a P82 VII.a P83 VII.a P84 VII.a P85 VII.a P86 VII.a P87 VII.a P88 VII.a P89 VII.a P90 VII.a P91 VII.a P92 VII.a P93 VII.a P94 VII.a P95 VII.a P96 VII.a P97 VII.a P98 VII.a P99 VII.a P100 VII.a P101 VII.a P102 VII.a P103 VII.a P104 VII.a P105 VII.a P106 VII.a P107 VII.a P1 0 8 VI I . a 1 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT AND GRANTING APPROVAL FOR A SETBACK VARIANCE AND A FLOOR AREA BONUS FOR THE PROPERTY LOCATED AT 430 W. MAIN STREET, LOTS K, L, AND M, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #22, SERIES OF 2013 Parcel ID #: 2735-124-42-004 WHEREAS, the applicant, Karbank 430 LLC, represented by Alan Richman Planning Services, has requested a Historic Landmark Lot Split, Setback Variance and Floor Area Bonus for the property located at 430 W. Main Street, Lots K, L, and M, Block 37, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the application shall meet the requirements of Aspen Municipal Code Section 26.480.030; and WHEREAS, in order to receive approval for a setback variance, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C.1.a; and WHEREAS, in order to receive approval for a floor area bonus, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.F; and WHEREAS, Amy Guthrie, in her staff report dated June 26, 2013, performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on June 26, 2013, the Historic Preservation Commission considered the application, found the application to meet the standards, and approved the application by a vote of 6 to 0. NOW THEREFORE, BE IT RESOLVED: HPC supports Council approval of the Historic Landmark Lot Split and grants a setback variance and floor area bonus with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into a 4,000 square foot lot and a 5,000 square foot lot. The applicant has represented that, if approved by City Council, the unused development rights will, from time-to-time and as warranted by the TDR market, be converted to TDRs, and sold. 2. HPC grants a 2’ west sideyard setback reduction for the lot containing the Victorian building. P109 VII.a 2 3. HPC grants a 500 square foot floor area bonus, to be applied to the calculation of floor area relative to the existing building. No expansion is approved. 4. Remove the railing at the front porch of the Victorian, if allowed by Building Code. 5. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 430 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. P110 VII.a 3 APPROVED BY THE COMMISSION at its regular meeting on the 26th day of June, 2013. Approved as to Form: ____________________________________ Debbie Quinn, Assistant City Attorney Approved as to Content: HISTORIC PRESERVATION COMMISSION _________________________________________ Jay Maytin, Acting Chair ATTEST: ___________________________ Kathy Strickland, Chief Deputy Clerk P111 VII.a P113 VII.a P114 VII.a P115 VII.a P116 VII.a 1 125 W. Main Street in 1975 MEMORANDUM TO: Mayor and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: 125 W. Main Street- Historic Landmark Lot Split, First Reading of Ordinance # 31 Series of 2013 DATE: July 22, 2013 ______________________________________________________________________________ SUMMARY: The subject property is located within the Main Street Historic District and contains a Victorian era home built in 1892 for W.W. Cooley, an influential lawyer in Aspen in the 1890s. The applicant has owned the property for over 30 years. Council is asked to approve a historic landmark lot split to divide this 6,000 square foot lot in half, creating a vacant lot out of the open yard on the east side of the house. Because of the location of the existing house, the proposed lot line jogs to maintain a minimum distance of 3’ from the Victorian to address building codes. The sideyard setback requirement is 5.’ HPC approved a 2’ sideyard setback reduction in order to allow a reasonable area for a compatibly sized new building to be developed in the future on the east lot. HPC has recommended that Council approve the subdivision. Minutes from the HPC meeting will be provided to Council at Second Reading. APPLICANT: Ralli Dimitrius Trust, represented by Cynthia Milling. PARCEL ID: 2735-124-55-007. ADDRESS: 125 W. Main Street, Lots C and D, Block 59, City and Townsite of Aspen. ZONING: MU, Mixed Use. P117 VII.b 2 HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet Section 26.480.030(A)(2) and (4) and Chapter 26.470. Growth Management where applicable. 26.480.030(A)(2), SUBDIVISION EXEMPTIONS, LOT SPLIT All of the following conditions must be met: a. The land is not located in a subdivision approved by either the Board of County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding: The property is in the original townsite. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. Staff Finding: The applicant proposes two lots, both of which conform to the MU zone district. c. The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Chapter 26.470. Staff Finding: No subdivision exemption or lot split exemption has been previously granted. d. A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding: The subdivision plat shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. e. The subdivision exemption agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. f. In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. P118 VII.b 3 Staff Finding: No building sits on the proposed new lot line. No buildings will be demolished. g. Maximum potential residential build-out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: No new development is proposed at this time. . 26.480.030(A)(4), SUBDIVISION EXEMPTIONS, HISTORIC LANDMARK LOT SPLIT All of the following conditions must be met: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, C-1 or MU Zone District. Staff Finding: The subject parcel is 6,000 square feet and is located in the MU Zone District. b. The total FAR for each lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. Staff Finding: The property is zoned mixed-use and therefore the maximum floor area will be based on the use of the property, according to the zoning in place at the time of development. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. Staff Finding: The development will meet the dimensional requirements of the zone district except for a setback variance that was approved within the authority of the HPC. ______________________________________________________________________________ RECOMMENDATION: Staff and HPC recommend Council approve this Historic Landmark Lot Split, with conditions outlined in the Ordinance. PROPOSED MOTION: “I move to approve Ordinance #31, Series of 2013, on First Reading.” CITY MANAGER COMMENTS: _______________________________________________ ______________________________________________________________________________ _____________________________________________________________________________ Exhibits: Ordinance #31, Series of 2013 A. Application B. Draft HPC Resolution P119 VII.b 125 W. Main Ordinance #__, Series of 2013 Page 1 of 3 ORDINANCE #31 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 125 W. MAIN STREET, LOTS C AND D, BLOCK 59, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID #:2735-124-55-007 WHEREAS, the applicant, Ralli Dimitrius Trust, represented by Cynthia Milling, has requested a Historic Landmark Lot Split for the property located at 125 W. Main Street, Lots C and D, Block 59, City and Townsite of Aspen, Colorado; and WHEREAS, for City Council approval of a Historic Landmark Lot Split, the application shall meet the requirements of Municipal Code Section 26.480.030(A)(2), Subdivision Exemptions, Lot Split and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split; and WHEREAS, at their regular meeting on July 10, 2013, the Historic Preservation Commission considered the application, found the application was consistent with the review standards, and unanimously recommended City Council approval, with conditions, by a vote of 4 to 0; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Historic Landmark Lot Split Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for 125 W. Main Street, Lots C and D, Block 59, City and Townsite of Aspen, Colorado with the following conditions: 1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration P121 VII.b 125 W. Main Ordinance #__, Series of 2013 Page 2 of 3 of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the MU zone district, except the variances approved by the HPC; and d. Be labeled to indicate that: The maximum floor area allowed on Lot 1, a 3,000 square foot lot and Lot 2, a 3,000 square foot lot shall be according to the zoning in place at the time of development. 2. According to the HPC approval, the applicant shall eliminate an ice damming condition on the west side of the historic house by October 31st, 2013. The applicant shall also remove a non-historic porch roof which encroaches into the setback along the east side of the house, prior to execution of the subdivision plat. Section 2: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the P122 VII.b 125 W. Main Ordinance #__, Series of 2013 Page 3 of 3 general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 125 W. Main Street, Lots C and D, Block 59, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 5: Public Hearing A public hearing on the ordinance shall be held on the 26th day of August, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of July, 2013. _______________________ Steven Skadron, Mayor ATTEST: _____________________________ Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this ___ day of ____, 2013. _______________________ Steven Skadron, Mayor ATTEST: _______________________ Kathryn Koch, City Clerk APPROVED AS TO FORM: _________________________ James R. True, City Attorney P123 VII.b P1 2 5 VI I . b P1 2 6 VI I . b P1 2 7 VI I . b P128VII.b 1 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION FOR A HISTORIC LANDMARK LOT SPLIT AND GRANTING APPROVAL FOR A SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 125 W. MAIN STREET, LOTS C AND D, BLOCK 59, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #23, SERIES OF 2013 Parcel ID #: 2735-124-55-007 WHEREAS, the applicant, Ralli Dimitrius Trust, represented by Cynthia Milling, has requested a Historic Landmark Lot Split and Setback Variance for the property located at 125 W. Main Street, Lots C and D, Block 59, City and Townsite of Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the application shall meet the requirements of Aspen Municipal Code Section 26.480.030; and WHEREAS, in order to receive approval for a setback variance, the application shall meet the requirements of Aspen Municipal Code Section 26.415.110.C.1.a; and WHEREAS, Amy Guthrie, in her staff report dated July 10, 2013, performed an analysis of the application based on the standards, and recommended the application be approved with conditions; and WHEREAS, at a regular meeting held on July 10, 2013, the Historic Preservation Commission considered the application, found the application to meet the standards, recommended Council approval of the Historic Landmark Lot Split, and approved the setback variance by a vote of 4 to 0. NOW THEREFORE, BE IT RESOLVED: HPC supports Council approval of the Historic Landmark Lot Split and grants a setback variance with the following conditions: 1. HPC recommends that Council approve a Historic Landmark Lot Split, dividing the property into two 3,000 square foot lots, as proposed. 2. HPC grants a 2’ east sideyard setback reduction for the lot containing the Victorian era building. Remove the non-historic roof on the east porch of the Victorian, allowing the steps to remain in place. 3. The property owner shall eliminate an ice damming condition that has been identified on the west side of the building. A plan for repair shall be approved by staff and monitor. The repair shall be completed by October 31, 2013. 4. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested P129 VII.b 2 property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 125 West Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 10th day of July, 2013. Approved as to Form: ____________________________________ Debbie Quinn, Assistant City Attorney P130 VII.b 3 Approved as to Content: HISTORIC PRESERVATION COMMISSION _________________________________________ Jay Maytin, Chair ATTEST: ___________________________ Kathy Strickland, Chief Deputy Clerk P131 VII.b Page 1 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Jessica Garrow, Long Range Planner THRU: Chris Bendon, Community Development Director RE: 534 E Cooper Ave (Boogies) –Subdivision Review Second Reading, Ordinance No. 26, Series of 2013 MEETING DATE: July 22, 2013 APPLICANT /OWNER: Boogie’s Building of Aspen, LLC c/o Leonard Weinglass REPRESENTATIVE: Sunny Vann, Vann Associates, LLC LOCATION: 534 E Cooper Ave (Boogies Buildings) CURRENT ZONING: CC (Commercial Core) SUMMARY: The Applicant requests subdivision review for the remodel and expansion of the Boogies Building. STAFF RECOMMENDATION: Staff recommends approval of the request. P&Z RECOMMENDATION: P&Z unanimously recommended approval of the request. Photo: Boogies location and picture of Building viewed from Cooper Ave. P133 VIII.a Page 2 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo REQUEST OF CITY COUNCIL: The Applicant is requesting the following land use approvals to remodel and expand the existing building: • Subdivision approval (Chapter 26.480, Subdivision) for the creation of multiple residential units in a mixed-use building. (City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission) BACKGROUND AND PROJECT SUMMARY: The applicant proposes to remodel and expand an existing two story building and add a recessed third floor at 534 E Cooper Ave. The lot is 6,269 square feet and is located approximately at the north-west corner of Cooper Ave and Hunter St. The original application for this redevelopment was made in March of 2012, and is subject to the Land Use Code in place at that time, which permitted new free-market residential units and an overall allowed height of 38 feet to 42 feet. Existing Conditions and History: The Boogies building is located in the Commercial Core (CC) zone district at 534 E Cooper Ave. It was built in 1987 using reconstruction credits from the demolition of the “Shaft Restaurant.” At the time, the building was reconstructed so it did not contain any additional commercial square footage than had previously been on the site. A new two-bedroom affordable housing unit was voluntarily added as part of the reconstruction. The unit was not required to satisfy any mitigation requirements. The building included approximately 10,865 square feet of commercial space in the basement, first and second floors, and one (1) voluntary affordable housing unit on the second floor. In 1995, the owner requested approval to expand the second floor restaurant by 249 square feet through the conversion of one of the affordable housing unit’s bedrooms into commercial space. This change in use request was granted, and a cash-in-lieu payment was made to mitigate the expanded restaurant. The affordable housing unit was still considered a voluntary unit, and an updated deed restriction for the reconfigured one-bedroom unit was recorded. At some point following the 1995 approval, the restaurant began enclosing a portion of the second floor outdoor deck with a tent. In 2003, the City informed the owner that the enclosure required a temporary use approval, which was granted. The enclosure has essentially remained up since the approval, even though the approval was only for one season. This application proposes to bring the area into compliance by expanding the restaurant and removing the “temporary” enclosed space. Staff has included a condition of approval requiring the temporary enclosure be removed prior to recordation of the Subdivision Improvements Agreement (SIA). Because this has been an on-going enforcement issue, City Council may wish to establish a different timeline. Proposed Development: The applicant proposes expanding the existing commercial space by 292 square feet of net leasable area, adding a new free-market residential unit of 2,307 square feet of net livable area to a new third floor, and expanding the affordable housing unit to 705 square feet of net livable area in order to use it as the required affordable housing mitigation for the project expansion. The unit was not originally provided as mitigation, so the applicant requests using it as mitigation for this project. The Planning and Zoning Commission reviewed and approved the commercial and P134 VIII.a Page 3 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo free-market residential growth management requests on April 16, 2013. They also accepted the existing deed restricted unit as mitigation for the increased space. The applicant proposes using a TDR to expand the free-market unit beyond 2,000 sq ft. net livable allowed by zoning. The expanded net leasable space generates 0.292 parking spaces, which the applicant will mitigate for through a cash-in-lieu payment. This is allowed by right in the land use code. No parking is required for the residential units. The project received Conceptual HPC and Conceptual Commercial Design Approval from the Historic Preservation Commission on July 11, 2012, which limited the building to thirty-eight (38) feet in height, and approved on-site Public Amenity space of 8% and 2% off-site, recommending a cash-in-lieu payment be used to satisfy that portion of the requirement. The Conceptual Reviews were called up by City Council, which affirmed HPC’s decision. Minutes from the Council discussion are attached as Exhibit G. The proposed dimensions are included in Table 1, below. Table 1: Existing and Proposed Dimensions Existing Proposed Height 27’ to top of parapet; 37’ to top of atrium 38' Floor Area (sq ft) 8,101 sq. ft. 12,661 sq. ft. Net Leasable (sq ft) 10,379 sq. ft. 10,671 sq. ft. Affordable Housing Net Livable (sq ft) 654 sq. ft. 705 sq. ft. Free-Market Residential Net Livable (sq ft) N/A 2,307 sq. ft. STAFF COMMENTS: SUBDIVISION REVIEW A subdivision review is required for this mixed-use building because multiple dwelling units are proposed. The applicant proposes to develop a new free market residential unit, additional commercial net leasable space and proposes to mitigate by expanding an existing deed restricted unit and updating its deed restriction. The subdivision is similar to the other subdivisions seen throughout the downtown area. In reviewing the Subdivision portion of the application, staff believes the proposal meets all applicable review requirements. The project is currently served by utilities, and the expansion can be accommodated through an upgrade to the existing utility box. In addition, the applicant will meet all applicable engineering requirements, including all drainage requirements. The existing trash/recycling area can accommodate the expansion. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water Department, Aspen Sanitation District, Building Department, Parks Department, and APCHA have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. A copy of the Referral Agency comments is attached as Exhibit C. P135 VIII.a Page 4 of 4 534 E Cooper Ave (Boogies) –Subdivision Review – Council Memo PLANNING & ZONING COMMISSION COMMENTS: The Planning and Zoning Commission voted seven to zero (7-0) in favor of the request. A copy of the minutes from their April 16th meeting is attached as Exhibit D. RECOMMENDATION: Staff recommends approval of the project, with the following conditions: 1. The project is subject to all conditions included in HPC Resolution 16, Series of 2012. 2. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. 3. All areas labeled “roof” and “exterior roof garden” may not be used as deck space. 4. The provision of any required Public Amenity space through a cash-in-lieu payment, as originally recommended by HPC, is approved. 5. Removal of the existing second floor deck enclosure shall be completed prior to recordation of the Subdivision Improvements Agreement (SIA). PROPOSED MOTION: “I move to approve Ordinance #26, Series 2013, approving a Subdivision Review for the project located at 534 E Cooper Ave.” Attachments: Exhibit A – Subdivision Review Criteria, Staff Findings Exhibit B – DRC Comments Exhibit C – Public Comment Exhibit D – April 16, 2013 P&Z minutes Exhibit E – Revised FAR and Net Livable/Leasable drawings, dated June 24, 2013 (also attached as Exhibit A to the Ordinance) Exhibit F – Application (previously provided to City Council) Exhibit G – Minutes from Council Call-Up consideration, August 13, 2012 P136 VIII.a Ordinance No 26, Series 2013 Page 1 of 6 Ordinance No. 26, (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING SUBDIVISION, FOR THE DEVELOPMENT OF ONE (1) FREE-MARKET RESIDENTIAL UNIT, ONE (1) AFFORDABLE HOUSING UNIT, AND 292 SQ FT OF NEW COMMERCIAL SPACE FOR THE PROPERTY LOCATED AT 534 E COOPER AVE (BOOGIES BUILDING) CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-24-008 WHEREAS, the Community Development Department received an application from Boogie’s Building of Aspen, LLC, represented by Sunny Vann of Vann Associates, LLC requesting approval of Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments, and Subdivision, to remodel and expand the existing building to include one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of new commercial space; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission Free-Market Residential, Affordable Housing, and Commercial Growth Management Allotments; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for Subdivision approval; and, WHEREAS, the property is zoned Commercial Core (CC); and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on April 16, 2014, the Planning and Zoning Commission approved Resolution No. 10, Series of 2013, by a seven to zero (7 – 0) vote, approving one (1) Free-Market Residential Growth Management Allotments, one (1) Affordable Housing Growth Management Allotment, and 292 sq ft Commercial Growth Management Allotments, and recommending the Aspen City Council approve a Subdivision; and, WHEREAS, on July 8, 2013 the Aspen City Council approved Ordinance No. 26, Series 2013, on First Reading by a four to zero (4-0) vote, approving with conditions a subdivision of the Property; and, WHEREAS, during a public hearing on July 22, 2013, the Aspen City Council approved Ordinance No. 26, Series 2013, by a ____ to ____ (_-_) vote, approving with conditions a subdivision of the Property; and, P137 VIII.a Ordinance No 26, Series 2013 Page 2 of 6 WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council approves a Subdivision review allowing for the development of one (1) free-market residential unit, one (1) affordable housing unit, and 292 sq ft of commercial net leasable space at 534 E Cooper Ave, commonly known as the Boogies Building. Section 2: Plat and Agreement The Applicant shall record a Subdivision Improvement Agreement (SIA) and subdivision plat that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of Final HPC and Final Commercial Design approval. Once construction is nearly complete but prior to an issuance of Certificate of Occupancy, the developer shall file a condominium plat and associated documents for review and approval by the City Engineer and Community Development Director as outlined in Land Use Code Section 26.480.090, Condominiumization. Section 3: Dimensions & Zoning Requirements All dimensions shall meet the requirements of the Land Use Code in effect on March 30, 2012 (date of initial application). The free-market residential unit is approved at 2,307 square feet of net livable area, through the landing of a Historic Transferable Development Right (TDR). The approved floor plans, dated June 24, 2013, are attached as Exhibit A. Minor changes from these are permitted at building permit. Areas labeled as “roof” or “rooftop garden” are not permitted for use as a deck. The chimney shown in the approved plans is not approved. P138 VIII.a Ordinance No 26, Series 2013 Page 3 of 6 The project is subject to all conditions included in HPC Resolution 16, Series of 2012. The 2% required off-site Public Amenity space may be satisfied through actual improvements approved by the Parks, Engineering, and Community Development Departments, or through a cash-in-lieu payment of $9,403.50, as originally recommended by HPC in Resolution 16, Series of 2012. Final HPC and Commercial Design Review is required. The Final HPC and Commercial Design Reviews shall address where any rooftop mechanical equipment is located. Section 4: Temporary Enclosure Removal Removal of the existing second floor deck enclosure shall be completed prior to and be a condition of the Subdivision Improvement Agreement (SIA) recordation. A building permit may not be applied for until the enclosure is removed, as verified by the Zoning Officer. Section 5: Parking The applicant shall pay a cash-in-lieu fee for the 0.292 parking spaces generated by the added commercial space in the development. Section 6: Engineering The Applicant’s design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant shall be subject to the Urban Runoff Management Plan Requirements. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City’s stormwater infrastructure. As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner’s responsibility to repair the damage as described in Title 21. Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. The Construction Management Plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Section 7: Affordable Housing The one (1) on-site, one-bedroom affordable housing unit shall be deed restricted to Category 3 and is being used as mitigation for the development. The Certificate of P139 VIII.a Ordinance No 26, Series 2013 Page 4 of 6 Occupancy (CO) for the unit shall be issued prior to or at the same time as the proposed free-market unit. The affordable housing units shall be compliant with the Aspen/Pitkin County Housing Guidelines. Owner and APCHA stipulate and agree that, in accordance with C.R.S. 38-12-301(1)(a) and (b), this Deed Restriction constitutes a voluntary agreement and deed restriction to limit rent on the property subject hereto and to otherwise provide affordable housing stock. Owner waives any right it may have to claim that this Deed Restriction violates C.R.S. 38-12-301. More detailed information regarding the management and maintenance of the unit shall be provided to APCHA with the proposed deed restriction prior to CO. The owner shall have the right to rent the unit to tenants qualified under the APPCHA Guidelines. If the owner cannot provide a qualified tenant, the unit shall be rented through APCHA’s normal advertising process. At no time shall the tenancy of the unit during a lease period be tied to continued employment by the owner. Tenant leases, however, may be terminated for cause or at the end of the lease period upon termination of employment. The tenant in the rental unit shall be required to be requalified by APCHA on a yearly basis. If the owner elects to sell the unit, or they are required to be sold due to noncompliance, owner shall condominiumize the unit and form a condominium association for the management and maintenance thereof. The affordable housing association shall be separate from the free-market residential unit’s and commercial unit’s association(s). In the event the rental unit is required to become ownership unit due to noncompliance, APCHA or the City may elect to purchase them for rental to qualified tenants in accordance with APCHA Guidelines. Section 8: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 9: Utilities Due to a low roof (non-conforming with standards) above the existing transformer and non-conformance to Electrical codes, the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. The applicant shall work with the Utilities Department prior to submittal of building permit to determine a location for a new transformer that acceptable to the Utilities Department. Section 10: Sanitation District Requirements Service is contingent upon compliance with the District’s rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved P140 VIII.a Ordinance No 26, Series 2013 Page 5 of 6 Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. Because a restaurant currently exists and is anticipated to remain, Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Section 11: Parks Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 14: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. P141 VIII.a Ordinance No 26, Series 2013 Page 6 of 6 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2013. _______________________________ Steven Skadron, Mayor ATTEST: _______________________________ Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this ___ day of __________, 2013. _______________________________ Steven Skadron, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ _______________________________ Kathryn S. Koch, City Clerk James R. True, City Attorney P142 VIII.a Exhibit A – Staff Findings, Subdivision Page 1 of 3 Exhibit A – Staff Findings, Subdivision 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan. Staff Findings: There are no applicable adopted Master Plans for this property. This is a mixed-use building that includes residential and commercial uses, which conforms with and is compatible with the uses in the immediate block and the zone district in general. In addition, the approved Conceptual Commercial Design is consistent with the heights, bulk, open space, and architecture in the area. The applicant is providing on-site open space (public amenity space) and is required to pay an additional cash-in-lieu fee for space that is being removed to accommodate accessibility improvements, which was approved as part of their Conceptual Commercial Design Review. Staff finds this criterion is met. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findings: The development meets all of the dimensional and use requirements of the Commercial Core (CC) zone district and the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Findings: The development does not adversely affect future development in the area. It complies with zoning and is consistent with the other subdivisions in the area. Staff finds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Findings: The proposed subdivision complies with all applicable requirements of the Land Use Code. Staff finds this criterion is met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. P143 VIII.a Exhibit A – Staff Findings, Subdivision Page 2 of 3 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Findings: The proposed subdivision is located on a parcel suitable for the subdivision. There are no known hazards and no steep topography. In addition, the proposed subdivision is in a single mixed-use building so the spatial pattern is efficient. Existing services will be used, and any costs associated with upgrades to service, including to utility service will be borne by the applicant. Staff finds this criterion is met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with an applicable adopted regulatory plan, Title 28, the municipal code, the existing, neighboring development areas and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Findings: The proposed development meets the requirements of 26.580. The Engineering Department has reviewed the proposal and conditions have been added to the Resolution to ensure all Engineering requirements are met. Staff finds this criterion is met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Section 26.470.070.5, Demolition or redevelopment of multi-family housing. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Findings: The proposed development meets the requirements of 26.470. Staff finds this criterion is met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Findings: The applicant will comply with all required school land dedication requirements. A cash-in-lieu payment will be made as part of the building permit. Staff finds this criterion is met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management P144 VIII.a Exhibit A – Staff Findings, Subdivision Page 3 of 3 approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Findings: The proposed development meets the requirements of the Growth Management Quota System, Chapter 26.470. If the growth management requests are granted by the Planning and Zoning Commission, this criterion will be met. . P145 VIII.a Exhibit B – Boogies DRC Comments Page 1 of 4 Exhibit B - Boogies DRC Comments Building • This addition may cause the building to be reclassified from VB to V A. This will require the addition of fire rated structure and assemblies. • The addition at the commercial level will trigger the toilet rooms to meet ICC/ANSI for accessibility. • The plans do not show but the elevation does show a door to the street from the ADU and Free market unit. This door is required to the street façade and will not be permitted to swing into the ROW. Utilities • The applicant should do load calculations now and meet with the department to review in order to better prepare for the building permit • Due to a low roof (non-conforming with standards) above the existing transformer and Non-conformance to Electrical codes the existing transformer cannot be upsized in place. Most likely the transformers at Aspen Core/ Little Annies will not be able to be used by this developer as capacity is being reserved for those developments. Due to these constraints, a new transformer location may be the best option. Fire • All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Environmental Health • No Comments. Trash/Recycling area meets requirements. Parking • No Comments Zoning • The calculation for existing floor area is not accurate. sheet E-102 the stair at South East corner should not be included. • Storage in Basement: sheet A-101 Proposed floor area calculations, and sheet A-106 Net leasable: indicate for whom the storage is proposed, for example commercial or residential. • Proposed “exterior roof garden” not calculated as deck exemption. No access to the area is permitted. • Roof mechanical sheet A-105; no information provided. • Page 17 gives details on proposed square footage but not proposed floor area. Is the deck exemption for the free market unit really 470 pursuant sheet A-103? The deck exemption is based on allowable floor area per use, not including the bonus of the TDR. • Proposed elevations have the chimney which was not approved by HPC. See exhibit 2, HPC Resolution No. 16 (Series of 2012). P147 VIII.a Exhibit B – Boogies DRC Comments Page 2 of 4 • Elevations (sheet A-112) and floor plan (sheet A109) indicate a door at the North elevation of the third floor free market unit. The roof at the third level has not been counted toward ‘deck exemption’. And the brick parapet shields the use. Is it intended for mechanical? Parks • Landscaping and Sidewalk Landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. • Tree Permit: If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. • Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee (920-5120) before any construction activities are to commence. As referenced in Chapter 13.20 Engineering • These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. • Drainage: o General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. o A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee-in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option must discharge directly to the City’s stormwater infrastructure. • Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1. Consider stormwater quality needs early in the design process. 2. Use the entire site when planning for stormwater quality treatment. 3. Avoid unnecessary impervious area. 4. Reduce runoff rates and volumes to more closely match natural conditions. 5. Integrate stormwater quality management and flood control. P148 VIII.a Exhibit B – Boogies DRC Comments Page 3 of 4 6. Develop stormwater quality facilities that enhance the site, the community, and the environment. 7. Use a treatment train approach. 8. Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. • Sidewalk and Curb and Gutter: o General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. o As of March 13, 2013, the sidewalk was in acceptable condition and did not require replacement. The curb and gutter was damaged and should be replaced. Should the sidewalk, curb or gutter be damaged as a result of construction activities, it will be the property owner’s responsibility to repair the damage as described in Title 21. • Construction Management – Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 – April 15 and June 1 – Labor Day). • Excavation Stabilization – Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. • Fee in Lieu –This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. APCHA • The APCHA Board reviewed the application at their regular meeting held April 3, 2013 and finds the proposal consistent with the provisions of the current code regarding the use of the existing one-bedroom unit for mitigation of the proposed commercial and residential expansion. If using the on-site unit for mitigation is approved, the development would be allotted one point to the overall GMQS score. Sanitation • Service is contingent upon compliance with the District’s rules, regulations, and specifications, which are on file at the District office. • ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. • On-site utility plans require approval by ACSD. • Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. ACSD will not approve service to food processing establishments retrofitted for this use by small under counter TRAPS at a later date. • Oil and Sand separators are required for parking garages and vehicle maintenance establishments. P149 VIII.a Exhibit B – Boogies DRC Comments Page 4 of 4 o Driveway entrance drains must drain to drywells. o Elevator shaft drains must flow thru o/s interceptor • Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. • Below grade development may require installation of a pumping system. • One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. • Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. • All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. • Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. • Glycol heating and snow melt systems must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. • Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. • We can comment on this application in greater detail once detailed plans have been submitted to the District. P150 VIII.a P151 VIII.a Regular City Planning & Zoning Meeting— Minutes April 16, 2013 LJ Erspamer opened the public hearing on 534 East Cooper (Boogie's) Growth Management Review. LJ asked for legal notice. Debbie Quinn said that it was provided are approved as provided. Jessica Garrow said this is a public hearing for an application submitted by Boogie's Building of Aspen LLC for an expansion and remodel of the Boogie's Building which is at 534 East Cooper. The applicant is represented by Sunny Vann and Kim Weil of Poss Associates. The applicant is requesting 4 land use reviews to remodel this building; it is located within the Commercial Core and it previously received conceptual UPC and commercial design reviews. It was approved by UPC and went through the call-up process with City Council. Jessica said that City Council affirmed the decision through that call-up process. Jessica said the 4 reviews before you are 3 Growth Management reviews; 1 for the expansion of net leasable space, 2 is for a new free-market residential unit, 3 is affordable housing; P&Z is the final authority on all 3. The 4th review is a subdivision review and P&Z is the recommending body to Council. Jessica said the existing building is 2 stories and includes 10,379 square feet of net leasable space and 1 affordable housing unit that has 654 square feet of net livable space. Jessica noted a key part of this application is this unit was never acquired as affordable housing mitigation but rather a voluntary unit that the owner of the property wanted to provide so the existing deed restriction allows this unit to go away; so part of their proposal is to modernize the deed restriction and use that as mitigation for the proposal today. The proposal would expand the net leasable space by 292 square feet for a total of 10,671 square feet of net leasable space in the building. The expansion is on an existing 2nd floor deck; the applicant proposes to enlarge the affordable housing unit to 705 square feet of net livable area and update that mitigation and use it for this project. Jessica said that the applicant to proposing to add a 3rd story with a free-market residential unit just over 2300 square feet of net livable space. This was applied for in March of last year so it vested under a different code; that code allows 3 story buildings and new free- market residential units. Jessica said in terms of Growth Management the land use requires that affordable housing mitigation be provided for the largest requirement when it is provided on site; based on the expansion of the commercial space that generates .54 FTEs and the free-market unit would generate 1.73 FTEs based on the mitigation rates that are in the land use code. Jessica said that the planning staff and APCUA recommend that the affordable housing unit be accepted as mitigation for this project; it ensures that the existing unit remains within the rental pool in perpetuity. 3 P153 VIII.a Regular City Planning & Zoning Meeting—Minutes April 16, 2013 If P&Z decides not to accept this unit as mitigation the applicant proposes to use affordable housing certificates. Jessica said in terms of Subdivision it is required because there are multiple residential units being proposed on the site and the mix in the vicinity as well as the commercial core. Staff is recommending approval of Subdivision and the Growth Management Reviews. Jasmine asked about the employee generation on site and how many will it house. Jessica replied 1.75 and the requirement is 1.73 so the size of the unit is slightly larger than what is required. Ryan asked if the affordable unit on site wasn't already on site would it be required to be deed restricted. Jessica replied it was just provided at the option of the owner as part of a redevelopment years ago. LJ asked what category was the employee unit and if they can't rent it will APCHA rent it. Jessica replied it was a category 3 and yes APCHA will rent it if they can't find a renter. Stan asked why on page 4 there were all the dimensional recommendations and we didn't have purview over it. Jessica said that until we get a subdivision review so this is a note that says the plans have been approved but we are not granting anything additional. Debbie said that she liked having them in because we recently had to make the final design was different from conceptual in certain respects and had been presented at least to Council if not P&Z in the amended form and nobody caught it and there wasn't any language such as this that says it was consistent. Debbie said there is always that possibility that someone will say oh but Council already looked at this and Debbie would rather have language like this. Stan said that should go back to HPC and it will go back to HPC for final and make sure it was in the resolution. Bert asked if the occupancy issue with the MotherLode has been resolved. Jessica replied that yes the resolution is written so the CO and the deed restriction for the affordable housing unit have to be in place before you can get a CO for the free- market component. LJ said reading page 7 under Section 2 Dimensions; the free-market residential unit is approved at 2,307 square feet. LJ asked how much is a Historic TDR; he said that he thought that it was 250. Jessica replied when they are landed they are 4 P154 VIII.a Regular City Planning & Zoning Meeting —Minutes April 16, 2013 500 square feet so the and the size cap under this code is 2,000 but you don't get to sever a TDR so that it is partial. LJ asked about the chimney. Jessica stated the chimney was not approved from HPC conceptual design. Sunny Vann said the commercial expansion was to mainly remove the tented structure that covers portions of the outdoor deck so that is being cleaned up and will be part of the building. No public comments. Jim supported the project and thought it was a good improvement to the character of the downtown. Jasmine stated this application clearly follows the requirements of the code. MOTION: Jim DeFrancia moved to approve Resolution 10 series 2013 approving Growth Management Reviews and recommend Council approve a Subdivision Development of one Free-Market Residential Unit, one Affordable Housing Unit and 292 square feet of new Commercial Space for 534 East Cooper; Ryan Walterscheid seconded. Roll call vote: Stan Gibbs, yes; Keith Goode, yes; Bert Myrin, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 7-0. Public Hearing: 204 South Galena (former GAP) Growth Management & Subdivision LJ Erspamer opened the public hearing for 204 South Galena, the former Gap, and Growth Management Review. LJ asked if there was proof of legal notice. Debbie Quinn reviewed both notices. Justin Barker introduced himself as a planner for the City of Aspen. Justin said this is a 9,030 foot lot and is located in the Commercial Core District with a Historic District overlay; the project received final commercial design review from HPC in December and went back to HPC in February for an amendment to the final review. The request before you today the applicant is seeking Growth Management Allotments for 1700 square feet of new net leasable commercial for the second level and 4500 square feet for future net leasable commercial space. Justin said for the requirement for this area for every 1000 square feet of net leasable space for the ground level would be 4.1 employees; for the basement and the second floor spaces is reduced by 25% would be 3.05 employees for every 1000 square feet. Out of those FTEs they are required to mitigate for 60% of those to 3.14 for the second level and 8.3 for the basement so the total is 11.44 FTEs. 5 P155 VIII.a P157 VIII.a P158 VIII.a P159 VIII.a P160 VIII.a P161 VIII.a P163 VIII.a MEMORANDUM TO: Mayor Skadron and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Sara Adams, Senior Planner RE: 360 Lake Ave., Amendment to the Erdman Partnership Lot Split Subdivision– Second Reading of Ordinance #28, Series 2013. DATE: July 22, 2013 APPLICANT /OWNER: Bell 26, LLC REPRESENTATIVE: Steev Wilson, Forum Phi, Inc. LOCATION: 360 Lake Ave. CURRENT ZONING & USE R-6 Medium Density Zone District Lot 1 – single family home and ADU Lot 2 – vacant parcel SUMMARY OF PROPOSAL: The Erdman Partnership Lot Split was approved in 1990 via Ordinance 66 which specified the maximum allowable floor area for each lot. The specified floor area is significantly higher than allowed under current zoning. The applicant requests an amendment to Ordinance 66 to allow the landing of one transferrable development right (TDR) per residence, which is allowed for all non- landmark properties in the R-6 zone district. STAFF RECOMMENDATION: Staff recommends that property be subject to one Land Use Code rather than combine the 1990 Code and the current Code to allow the landing of a TDR on top of the maximum floor area specified in the 1990 approval. Staff recommends that Council take one of the following actions: 1) Deny the requested amendment. The property will remain subject to the dimensional requirements specified in the 1990 approval and is not permitted to land a TDR. 2) Amend the Ordinance to remove the 1990 dimensional requirements. This means that the property becomes subject to the Code that is in place when the applicant submits a building permit. The landing of a TDR is permitted under the current Code; however the current allowable floor area is less than the 1990 approval. Figure 1: Map of subject property, outlined in blue. The hatching shows the Hallam Lake Bluff area. P165 VIII.b 360 Lake Ave. – Subdivision Amendment Staff Memo Page 2 of 3 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: • Subdivision Amendment for a change to an approved subdivision development order per Land Use Code Section 26.480.080.B. City Council is the final review authority who may approve, approve with conditions, or deny the proposal based on whether the amendment is consistent with the approved subdivision development order. PREVIOUS APPROVALS: The Planning and Zoning Commission recently granted Hallam Lake Bluff review approval to remodel the existing home and bring the property into closer conformance with the Hallam Lake Bluff review standards. The approval includes rebuilding a portion of the bluff that was removed when the home was constructed. PROJECT SUMMARY: The Erdman Partnership Lot Split, located in the R-6 Zone District on Lake Avenue, was approved by City Council in 1990. The approval included a specified maximum floor area for each of the newly created lots which was simply a calculation of the allowable floor area for the properties in the R-6 zone district at the time. There do not appear to have been any special floor area considerations granted in 1990. By specifying a maximum floor area, the properties are locked into that dimensional requirement regardless of how the zone district and the Land Use Code changes over time. A comparison of the 1990 allowable floor area to the current calculations for an R-6 zone district lot shows that the 1990 maximum floor area for Lot 1 is greater than the current allowances.1 A comparison for Lot 2 shows that the 1990 maximum floor area is about 31 square feet less than the current floor area allowance.2 Table 1: Floor area comparison Gross Lot size allowable FAR according to Ord. 66 of 1990 allowable FAR according to current R-6 zone district Lot 1 23,956.4 4,468.0 3,785.5 Lot 2 8,899.1 3,349.0 3,380.0 The applicant requests an amendment to the 1990 approval to allow the landing of a transferrable development right (TDR), worth 250 square feet of floor area, to increase the floor area on each lot. The R-6 zone district permits the landing of TDRs, one per residence, on non-landmark properties. STAFF COMMENTS: The review criteria for approving an amendment to a Subdivision development order require City Council to find that the proposed change is consistent with the approved plat. 1 The current Code requires reductions for steep slopes and for the vacated right of way on Lot 1 which was not taken out of lot area when calculating floor area in 1990. 2 The 1990 approval removed the access easement on Lot 2 when calculating floor area, which is not taken out of the lot calculation under the current Code. P166 VIII.b 360 Lake Ave. – Subdivision Amendment Staff Memo Page 3 of 3 It is the general philosophy of the Community Development Department to have a subdivision subject to one Land Use Code and to not allow an applicant to cherry pick from different Codes to essentially create a new set of regulations specific to one property. Allowing the ability to land a TDR in addition to the floor area specified in the 1990 approval combines two sets of regulations. Staff is not supportive of the request to increase the maximum floor area that was approved in 1990 by allowing a TDR to land. RECOMMENDATION: Staff recommends that the Erdman Partnership Lot Split be subject to one Land Use Code rather than combine the 1990 Code and the current Code to allow the landing of a TDR on top of the maximum floor area specified in 1990. Staff recommends that Council take one of the following actions: 1) Deny the requested amendment. The property will remain subject to the dimensional requirements specified in the 1990 approval and is not permitted to land a TDR. 2) Amend Ordinance 66 of 1990 to remove the specified dimensional requirements. This means that the property becomes subject to the Code that is in place when the applicant submits a building permit. The landing of a TDR is permitted under the current Code; however the current allowable floor area is less than the 1990 approval. The draft ordinance approves the applicant’s request for the ability to land a TDR on top of the 1990 floor area. RECOMMENDED MOTION: “I move to deny Ordinance No. 28, Series of 2013 on Second Reading.” CITY MANAGER COMMENTS:_____________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Ordinance #28, Series of 2013 Exhibit A – City Council Ordinance #66, Series of 1990. Exhibit B – Application. P167 VIII.b Ordinance #28, Series of 2013 Erdman Partnership Lot Split, Subdivision Other Amendment Page 1 of 3 ORDINANCE NO. 28 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, AN AMENDMENT TO THE ERDMAN PARTNERSHIP LOT SPLIT, RELATED TO 360 LAKE AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-121-32-001 and 2735-121-32-002 WHEREAS, the Community Development Department received an application from Bell 26 LLC, represented by Steev Wilson of Forum Phi, Inc., requesting approval of an amendment to the subdivision development order for the Erdman Partnership Lot Split; and, WHEREAS, the purpose of the requested amendment is to amend condition number 5 of City Council Ordinance 66, Series of 1990 to permit the subdivision to be eligible to land a transferrable development right pursuant to Aspen Land Use Code Section 26.535, Transferrable Development Rights; and, WHEREAS, Aspen City Council approved Ordinance 66, Series of 1990 on October 22, 1990 approving the Erdman Partnership Lot Split; and, WHEREAS, the final plat of the Erdman Partnership Lot Split was recorded in Book 25, Page 42 of the Pitkin County Clerk and Recorder WHEREAS, a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on July 22, 2013, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director; and WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: P169 VIII.b Ordinance #28, Series of 2013 Erdman Partnership Lot Split, Subdivision Other Amendment Page 2 of 3 Section 1: Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves an amendment to the subdivision development order related to the Erdman Partnership Lot Split as follows: The Erdman Partnership Lot Split is eligible to extinguish a transferrable development right (TDR) to allow an additional 250 square feet of floor area pursuant to Section 26.535, Transferable Development Rights, of the Land Use Code. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one floor area increase in exchange for the extinguishment of one historic TDR. Section 2: The Applicant shall record an updated plat within 180 days of approval of this ordinance. Section 3: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public hearing on this ordinance shall be held on the 22nd day of July, 2013 at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. P170 VIII.b Ordinance #28, Series of 2013 Erdman Partnership Lot Split, Subdivision Other Amendment Page 3 of 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 2013. Attest: _________________________ ____________________________________ Kathryn S. Koch, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this ___ day of ______, 2013. Attest: _________________________ ____________________________________ Kathryn S. Koch, City Clerk Steven Skadron, Mayor Approved as to form: ___________________________ James R. True, City Attorney P171 VIII.b P173 VIII.b P174 VIII.b P175 VIII.b P176 VIII.b 360 Lake Avenue Allow the modification of Ord 66 to allow for receipt of Historic TDR's The applicant is seeking the ability to receive TDR's on the lots created in the Erdman Partnership Lot Split (Bk. 25, Pg. 42) approved in 1990 via City Council Ordinance 66, Series of 1990. The Ordinance specifies a maximum floor area for each lot: Lot 1: 4,468 square feet Lot 2: 3,449 square feet The specification of these allowable floor areas limits was a condition to the approval of Ordinances 66 which was required by the Planning Office at the time of it's hearing and approval. This limitation did not specifically link the method of calculation to the 1990 code, nor 'the code applicable at the time', as we so often see and wrestle with in other subdivisions causing us to have to dig up old code books and attempt to guess at the interpretations and practices of that code and that time. Rather, this ordinance specifically limits the square footage without references to any specific code. I understand that the position staff has taken is, since the FAR numbers represented in Ord. 66 obviously are derived from the 1990 code since they match those calculations precisely; then it is using and linked to the 1990 code. By this reasoning, granting the use of TDR's on this site would be allowing for “cherry picking” between land use codes, a practice not supported by staff, so in turn staff does not support our proposal. Looking back at Ordinance 66, we are not linked to the 1990 code despite the commonality of the FAR limits with the calculation method at the time. Additionally, we have been and are required to use the current code for the method of calculation, definition of elements, and size and type of exemptions. A residence using the calculations, definitions, and exemptions as allowed in the 1990 code would likely not require a TDR to accomplish the same structure. The Ordinance prescribes an FAR but not a specific code, this is something we often run into with projects in the City of Aspen. Because we are not using the 1990 Code language to calculate FAR which would be more advantageous, and we are using the current code to restrict the Calculation of FAR then TDR's as part of that code should be allowed. Since we do not seem to be mixing land use codes, then we would seem not to be setting the stage for a legal president for further “cherry picking” of codes, which staff understandably would like to prevent. The underlying zoning for this project is R-6 which would typically allow for a TDR to be extinguished on each of these lots as a receiver site. See below excerpt from R-6 Each City of Aspen Historic Transferable Development Right certificate extinguished, pursuant to Section 26.535, Transferable Development Rights, shall allow an additional two hundred and fifty (250) square feet of Floor Area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one (1) historic TDR. No more than one (1) floor area increase shall be allowed per residence...... Looking at the referenced 26.535, Transferable Development Rights 26.535.010 Purpose The purpose of this Chapter is to encourage the preservation of historic landmarks, those properties listed on the Aspen Inventory of Historic Landmark Sites and Structures and those properties identified on the Aspen Modern Map, within the City by permitting those property owners to sever and convey, as a separate development right, undeveloped floor P177 VIII.b area to be developed on a different property within the City. The program enables standard market forces and the demand for residential floor area, to accomplish a community goal of preserving Aspen's heritage as reflected in its built environment. The addition to home at 360 Lake supports the TDR program and in turn the preservation of small scale historic structures by providing a place for these TDR's to land. This is exactly the scenario described in the purpose of the TDR section of the code, giving TDR's the much needed value they require to provide the appropriate intensive to maintain small scale historic integrity. Looking at a typical Receiver Site in the code cited below you can see that typically being within the zone district is enough to qualify a site for receivership. Receiving Sites shall include all properties in the City of Aspen permitted additional development rights for extinguishment of a Historic TDR is Chapter 26.710, Zone Districts. A property may also be designated as a Receiving Site through adoption of a Final PUD Development Plan, pursuant to Chapter 26.445. The allowable development extinguishment of a Historic TDR Certificate varies depending upon the zone district of the Receiving Site and the use of the land. Chapter 26.710, Zone Districts, describes the development allowance for each Historic TDR Certificate extinguished. The neighboring lots in this R-6 area would be typically be allowed to receive a TDR without public hearing or notice. However concerning the Erdman Lots, Lot 1 specifically, due to its relationship to the Hallam Lake Bluff and its existing condition of being far from conformance with the Bluff Review Criteria, has had to undergo the Hallam Lake Bluff Review by P&Z. Typically the use of a TDR is not reviewed nor publicly noticed, but by chance in this case the proposed structure on Lot 1 adjacent to the bluff has been through the P&Z process which represented the residence as it would be if the TDR were approved. P&Z unanimously approved this project with no negative comment from the public. This is not to say that they reviewed the TDR specifically, however, the mass and scale of the building including the TDR's contribution has been evaluated, and has allowed the public for comment. I have attached P&Z presentation for your benefit. I understand staff's reluctance to support this proposal as it is not specifically allowed for in the code, which is why it has come in front of counsel in the first place. Baring any negative comment during the hearing on July 22nd the applicant requests that this Counsel approve the ordinance modifying ordinance 66 to allow for Lot 1 and Lot 2 of the Erdman Lot Split to be TDR receiver sites. As the design of the more contentious of the possible structures has been through public review (Hallam Lake Bluff Review), it would seem that the mass and scale issues that the additional FAR granted by the use of a TDR have been addressed and would have no negative impact on the community. Thank you for your time and consideration, Steev Wilson on behalf of the owners of 360 Lake Ave P178 VIII.b Erdman Partnership Lot Split Subdivision Amendment Written Description The Erdman Partnership Lot Split (Bk. 25, Pg. 42) was approved in 1990 via City Council Ordinance 66, Series of 1990. The Ordinance specifies a maximum floor area for each lot: Lot 1: 4,468 square feet and Lot 2: 3,449 square feet. The underlying zoning for this project is R-6 which would typically allow for a TDR to be extinguished on each structure of each of these lots as a receiver site. See below excerpt from R-6 Each City of Aspen Historic Transferable Development Right certificate extinguished, pursuant to Section 26.535, Transferable Development Rights, shall allow an additional two hundred and fifty (250) square feet of Floor Area. Each residence on the parcel, excluding accessory dwelling units and carriage houses, shall be eligible for one (1) floor area increase in exchange for the extinguishment of one (1) historic TDR. No more than one (1) floor area increase shall be allowed per residence...... The ordinances controlling TDR's as listed in the code are: Ord. 54-2003, §§4, 5; Ord. No. 28-2010, §3. These ordinances were not in affect in 1990 when the original lot split was conducted and thus could not be allowed for in the original subdivision agreement. The intent of the amendment to the subdivision agreement is to allow for Erdman Partnership Lot Split Lots 1&2 to be TDR receiver sites which would typically be allowed by the underlying zoning of R-6. Lot 1, boarding the Hallam Lake, has an existing residence which does not conform with the bluff review, and will contain the initial development which is generating the request for the amendment to the subdivision. The remodel plans which have been approved by P&Z through the Hallam Lake Bluff Review illustrated how the TDR will be used on that site. P&Z unanimously approved this project based on staff's support and the sizable reduction of the existing structures non-conformities which impact the Hallam Lake Bluff. We hope that you will allow this project to move forward as approved by P&Z, allowing us to amend the old subdivision agreement to include the ability granted by the current underlying zoning to make these lots TDR receiver sites as would be consistent with their neighbors. P179 VIII.b ATTACHMENT 2 –LAND USE APPLICATION PROJECT: TYPE OF APPLICATION: (please check all that apply): Name: Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: Address: Phone #: GMQS Exemption Conceptual PUD Temporary Use GMQS Allotment Final PUD (& PUD Amendment) Text/Map Amendment Special Review Subdivision Conceptual SPA ESA – 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane Subdivision Exemption (includes condominiumization) Final SPA (& SPA Amendment) Commercial Design Review Lot Split Small Lodge Conversion/ Expansion Residential Design Variance Lot Line Adjustment Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $_________ Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. P180 VIII.b ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing:__________Proposed:___________________ Number of residential units: Existing:__________Proposed:___________________ Number of bedrooms: Existing:__________Proposed:___________________ Proposed % of demolition (Historic properties only):__________ DIMENSIONS: Floor Area: Existing:_________Allowable:__________Proposed:________ Principal bldg. height: Existing:_________Allowable:__________Proposed:________ Access. bldg. height: Existing:_________Allowable:__________Proposed:________ On-Site parking: Existing:_________Required:___________Proposed:________ % Site coverage: Existing:_________Required:___________Proposed:________ % Open Space: Existing:_________Required:___________Proposed:________ Front Setback: Existing:_________Required:___________Proposed:________ Rear Setback: Existing:_________Required:___________Proposed:________ Combined F/R: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Side Setback: Existing:_________Required:___________Proposed:________ Combined Sides: Existing:_________Required:___________Proposed:________ Distance Between Buildings Existing ________Required:__________Proposed:_____ Existing non-conformities or encroachments:___________________________________ _______________________________________________________________________ Variations requested: ______________________________________________________ ________________________________________________________________________ P181 VIII.b P1 8 2 VI I I . b P1 8 3 VI I I . b P1 8 4 VI I I . b P1 8 5 VI I I . b P186VIII.b P187VIII.b P188VIII.b P189VIII.b P190VIII.b P191VIII.b P192VIII.b P193VIII.b P194VIII.b P195VIII.b P196VIII.b P197VIII.b P198VIII.b P199VIII.b P200VIII.b P201VIII.b P202VIII.b ST E E V W I L S O N PA R T N E R , A I A , L E E D A P PR E S E N T E D B Y : MAY 21, 2013 36 0 L A K E A V E N U E HA L L A M L A K E B L U F F R E V I E W P203VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P204VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P205VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P206VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P207VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P208VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P209VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P210VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P211VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P212VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P213VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P214VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P215VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P216VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P217VIII.b HA L L A M L A K E B L U F F R E V I E W 36 0 L A K E A V E N U E MAY 21, 2013 P218VIII.b 1 MemorandumMemorandumMemorandumMemorandum TO: Mayor and Members of Council FROM: Deborah Quinn, Assistant City Attorney DATE: July 15, 2013 RE: Increase in maximum fines for ordinance violations ══════════════════════════════════════════════════════════════════ COUNCIL REQUEST: The attached ordinance is before the Council for public hearing. It was read and approved on first reading July 8, 2013. Adoption of the ordinance will increase the maximum fine for City of Aspen municipal ordinance violations from $1000 to $2650, with an annual cost of living increase, the same change that was enacted in the 2013 legislative session for Colorado’s statutory municipalities. DISCUSSION: The City of Aspen, as a home rule municipality, has the ability to set its own fines and penalties for violation of municipal ordinance violations, pursuant to Article XX, sec. 6 of the Colorado Constitution. The current municipal code imposes the same limits that have been in effect for statutory municipalities since at least 1991, a maximum $1000.00 fine and/or up to one year in jail. This year, the state legislature passed House Bill 1060, copy attached, which amends C.R.S. §13- 10-113, to increase the maximum fine to $2650.00, with an annual cost of living adjustment. Because Aspen as a home rule city is not bound by the state limitations, this statute will not apply to Aspen’s ordinance violations automatically. The proposed changes to our municipal code, shown in red below, will incorporate this new limit. Judge Brooke Peterson has been consulted about the change in state law and would like for Aspen to have the ability to impose the same maximum fine for its ordinance violations as statutory municipalities now have. The Judge has only rarely imposed the maximum fine that currently exists, but the requested change would give the City Attorney’s Office the ability to request such a fine in an appropriate case and would authorize the Judge to impose it, if and when an appropriate case might ever arise. The decision on its use is for the Judge to make. The first code section, 1.04.080, is the general penalty provision for violation of any City of Aspen Ordinance. The second section, 24.04.020, is the penalty provision of the Model Traffic Code P219 VIII.c 2 which the City has adopted. It currently recites the limits contained in the general penalty provision. The suggested amendment will merely refer back to the general penalty provision. Section 1.04.080 General penalty for violations of Code; continuing violations; default. (a) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding one thousand dollars ($1,000.00) two thousand six hundred fifty dollars ($2,650.00) or imprisonment for a period of up to one year, or both such fine and imprisonment at the discretion of the court. Each day of any violation of this Code or of any ordinance shall constitute a separate offense, unless otherwise provided. The limitation on municipal court fines set forth shall be adjusted for inflation on January 1, 2014 and on January 1 of each year thereafter; inflation means the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver- Boulder, all items, all urban consumers, or its successor index. Section 24.04.020(d)(2) (d) Penalties. The following penalties shall apply to this Section. (2) Every person convicted of a violation of any adopted in the ordinance codified herein shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year or by both such fine and imprisonment. offense in this Section shall be subject to the penalties set forth in Section 1.04.080 of this Code. ACTION REQUESTED: Approve Ordinance No. 29, Series of 2013. CITY MANAGER’S COMMENTS: _________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ______________________________________________________________________________ P220 VIII.c 1 ORDINANCE NO.29 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 1.04.080 AND SECTION 24.04.020 (D) (2) OF THE ASPEN MUNICIPAL CODE TO INCREASE THE MAXIMUM FINE FROM $1,000.00 TO $2,650.00 FOR VIOLATIONS OF THE MUNICIPAL CODE, AND TO LIMIT AND ADJUST THE MUNICIPAL COURT FINES FOR INFLATION ON JANUARY 1, 2014 AND ON JANUARY 1 OF EACH YEAR THEREAFTER WHEREAS, Article XX, Section 6(h) of the Colorado Constitution grants to home rule municipalities all other powers necessary, requisite or proper for all government and administration of its local and municipal matters, including the power to legislate upon, provide, regulate, conduct and control the imposition, enforcement and collection of fines and penalties for the violation of any provision of its charter, or of any ordinance adopted in pursuance of its charter; and WHEREAS, the Colorado Supreme Court has held that the imposition of fines and penalties for the violation of its ordinances by rule municipalities is proper exercise of home rule authority under Article XX, sec. 6, Colorado Constitution; and WHEREAS, the City of Aspen currently has a limitation on fines that is the same limit that the state legislature had previously imposed on statutory municipalities; and WHEREAS, the general assembly did during the 2013 legislative session amend Section 13-10-113, C.R.S., authorizing municipal courts of record in statutory municipalities to impose a fine of up to two thousand six hundred fifty dollars P221 VIII.c 2 ($2,650.00) or imprisonment for a period of up to one year, or both, upon persons convicted of a municipal ordinance or code offense; and WHEREAS, the general assembly did during the 2013 legislative session further amend section 13-10-113, C.R.S., stating that the limitation on municipal court fines shall be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter; “inflation” means the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index; and WHEREAS, the Aspen Municipal Court Judge has been advised of the change in Colorado state law and recommends that the City of Aspen should increase its maximum fines accordingly to ensure that City of Aspen fines are consistent with those of other municipalities in the state; and WHEREAS, the City Council desires to amend the Aspen Municipal Code to authorize imposition of a fine for municipal ordinance violations of up to two thousand six hundred fifty dollars ($2,650.00), or imprisonment for a period of up to one year, or both, upon persons convicted of a municipal ordinance or code offense; and to allow that limitation on Municipal Court fines to be adjusted for inflation on January 1, 2014 and on January 1 of each year thereafter; and WHEREAS, the Aspen Municipal Code currently provides for the $1000.00 limitation on fines in two sections, 1.04.080, General Penalty, and 24.04.020 (d)(2), Penalties, for violations of the Model Traffic Code. P222 VIII.c 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Section 1.04.080 of the Municipal Code of the City of Aspen, Colorado, which section imposes a general penalty for violations of the Municipal Code, is hereby amended to read as follows: Section 1.04.080. General penalty for violations of Code; continuing violations; default. (a) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding two thousand six hundred fifty dollars ($2,650.00) or imprisonment for a period of up to one year, or both such fine and imprisonment at the discretion of the court. Each day of any violation of this Code or of any ordinance shall constitute a separate offense, unless otherwise provided. The limitation on municipal court fines set forth shall be adjusted for inflation on January 1, 2014 and on January 1 of each year thereafter; inflation means the annual percentage change in the United States Department of Labor, Bureau of Labor Statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index. P223 VIII.c 4 Section 2 Section 24.04.020 (d)(2) of the Municipal Code of the City of Aspen, Colorado, which section imposes a general penalty for violations of the Model Traffic Code section of the Municipal Code, is hereby amended to read as follows: (2) Every person convicted of a violation of any offense in this Section shall be subject to the penalties set forth in Section 1.04.080 of this Code. Section 3 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. P224 VIII.c 5 A public hearing on the ordinance shall be held on the 22nd day of July, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 8th day of July, 2013. ___________________ Steven Skadron, Mayor ATTEST: ______________________ Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this 22nd day of July, 2013. ___________________ Steven Skadron, Mayor ATTEST: ________________________ Kathryn S. Koch, City Clerk P225 VIII.c HOUSE BILL 13-1060 BY REPRESENTATIVE(S) McLachlan, Duran, Fields, Hullinghorst, Labuda, Mitsch Bush, Rosenthal, Schafer; also SENATOR(S) Newell, Nicholson, Morse. CONCERNING RAISING THE MAXIMUM FINE THAT MAY BE ASSESSED BY A MUNICIPAL COURT. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 13-10-113, amend (1) as follows: 13-10-113. Fines and penalties. (1) (a) EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), any person convicted of violating a municipal ordinance in a municipal court of record may be incarcerated for a period not to exceed one year or fined an amount not to exceed one thousand TWO THOUSAND SIX HUNDRED FIFTY dollars, or both. (b) (I) THE LIMITATION ON MUNICIPAL COURT FINES SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL BE ADJUSTED FOR INFLATION ON JANUARY 1, 2014, AND ON JANUARY 1 OF EACH YEAR THEREAFTER. (II) AS USED IN THIS PARAGRAPH (b), "INFLATION" MEANS THE NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. P227 VIII.c ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE INDEX FOR DENVER-BOULDER, ALL ITEMS, ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX. SECTION 2. In Colorado Revised Statutes, 31-16-101, amend (1) as follows: 31-16-101. Ordinance powers - penalty. (1) (a) EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), the governing body of each municipality has power to provide for enforcement of ordinances adopted by it by a fine of not more than one thousand TWO THOUSAND SIX HUNDRED FIFTY dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. (b) (I) THE LIMITATION ON MUNICIPAL COURT FINES SET FORTH IN PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL BE ADJUSTED FOR INFLATION ON JANUARY 1, 2014, AND ON JANUARY 1 OF EACH YEAR THEREAFTER. (II) AS USED IN THIS PARAGRAPH (b), "INFLATION" MEANS THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, CONSUMER PRICE INDEX FOR DENVER-BOULDER, ALL ITEMS, ALL URBAN CONSUMERS, OR ITS SUCCESSOR INDEX. SECTION 3. Safety clause. The general assembly hereby finds, PAGE 2-HOUSE BILL 13-1060 P228 VIII.c determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ________________________________________________________ Mark FerrandinoJohn P. Morse SPEAKER OF THE HOUSEPRESIDENT OF OF REPRESENTATIVESTHE SENATE ____________________________ ____________________________ Marilyn EddinsCindi L. Markwell CHIEF CLERK OF THE HOUSESECRETARY OF OF REPRESENTATIVESTHE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 3-HOUSE BILL 13-1060 P229 VIII.c