HomeMy WebLinkAboutagenda.council.regular.20130923 CITY COUNCIL AGENDA
September 23, 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) CounciImembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #86, 2013 -Yellow Brick Security
b) Resolution #88, 2013 - End 2012/2013 Stage One Water Shortage
C) Resolution #90, 2013 - Contract Deer Hill Pressure Reducing Vault
d) Resolution #87, 2013 - Designating a local licensing authority for marijuana
licensing
e) Resolution #91, 2013 - Burlingame Phase II —OZ Architecture Design Fees
f) Resolution #92, 2013 - Hopkins Pedestrian Connectivity Improvements
g) Minutes - September 9, 2013
VII. First Reading of Ordinances
a) Ordinance #39, 2013 - Land Use Code Amendments - Marijuana
b) Ordinance #38, 2013 - Amending Title 5 of the Aspen Municipal Code Adding a
Chapter concerning the Licensing of Marijuana Establishments
C) Ordinance #40, 2013 - 624 W. Francis Street, AspenModern Negotiation
VIII. Public Hearings
a) Ordinance #35, 2013 - Code Amendment Title 8
b) Ordinance #36, #37, 2013 - PUD/SPA/Subdivision Code Amendment
c) Ordinance #40, 2013 - 624 W. Francis Street, AspenModern - CONTINUE
PUBLIC HEARING TO OCTOBER 15, 2013
IX. Action Items
a) Notice of HPC approval of an Amendment to Conceptual Development for 602 E.
Hyman Avenue
X. Executive Session C.R.S.24-6-402(4)(b) - Litigation
XI. Adjournment
Next Regular Meeting October 15, 2013
COUNCIL’S ADOPTED GUIDELINES
• Invite the Community to Participate with Us in Solution-Making
• Tone and Tenor Matter
• Remember Where We’re Living and Why We’re Here
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
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MEMORANDUM
TO: Mayor and City Council
FROM: Shirley Ritter, Director Kids First
Security Review Committee (Nancy Nichols, Chip Seamans,
Scott Miller, Jeff Pendarvis, & Courtney DeVito)
THRU: R. Barry Crook, Assistant City Manager
DATE OF MEMO: September 16, 2013
MEETING DATE: September 23, 2013
RE: Yellow Brick Building Security System Contract
REQUEST OF COUNCIL: This memo is to approve the proposed Yellow Brick Building
Security System contract.
PREVIOUS COUNCIL ACTION: On September 3 2013 the security review committee
presented their recommendation from the research and RFP process to the Aspen City Council at
a work session.
BACKGROUND: The Yellow Brick Building is home away from home for 150 children and
about 60 staff every day, Monday through Friday. Security and emergency preparedness is an
ongoing issue and is discussed regularly. The building was last re-keyed over 10 years ago; there
is no intercom system; no video surveillance; and no way to lock the many doors in an
emergency.
We have held numerous parent and staff meetings to discuss the current situation, short term
ideas, long term ideas, and overall emergency responsiveness. There was clear direction from
parents to make the building more secure, and they have been very appreciative of the short term
efforts and trainings in the past months. Our long-term goal is to make the Yellow Brick
Building a safe place for children and staff. The building is also unique in that it houses childcare
on the main level; city offices and 2 non-profit offices on the lower level. Part of our goal is to
more securely separate these uses while allowing normal business function to occur.
The childcare programs hold fire drills at least monthly and have been trained in standard
response protocol (SRP) used in schools nationwide by Tina Thompson – APD and Paul
Hufnagle – Pitkin County Sheriff’s Department; both are School Resource Officers (SRO) at the
Aspen School District. Linda Consuegra also provided expertise in the early stages of identifying
our needs and providing expertise and resources.
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DISCUSSION: Kids First brought together experts to serve as a review committee for the RFP
for increased security at the Yellow Brick Building in response to heightened requests from
parents of children in the Yellow Brick childcare programs. We reviewed 6 proposals, asked for
a second round of questions to clarify some of the differences in the proposals, and finally
interviewed the top 2 choices. Thanks to Nancy Nichols-Yellow Brick Building Manager, Chip
Seamans- Aspen Police Department, Scott Miller – Asset Manager, Jeff Pendarvis – Asset
Property Manager, and Courtney DeVito – Risk Manager.
This committee is recommending this proposal because it meets those needs using new
technology in ways that will still allow the Yellow Brick Building to feel welcoming and
friendly to children and families. The Kids First Advisory Board also recommends and is
supportive of this security system proposal for the Yellow Brick Building.
Since the May city council work session, city staff from Asset, Risk Management, Kids First,
Police, and the Manager’s Office- Community relations and Business Process Departments
distributed a survey and held 2 open house events at the Yellow Brick Building.
• The on-line survey was distributed through Open City Hall and directly by email to the
families and staff (+/-200 people) in the Yellow Brick Building. Over a 6 week period in
June and July there were 35 responses to the survey.
• The open house information sessions were held August 13 and 22, from 3:30 to 5:30 PM.
We advertised in both daily newspapers on August 12, in the Monday city column in the
Aspen Times, through City Source, and again by email to the families and staff in the
building. We had a total of 23 people participate in the open house meetings. The results
and comments are Attachment B.
FINANCIAL/BUDGET IMPACTS: The cost for the system as proposed for the Yellow Brick
Building is $91,665. This amount will be funded from the childcare capital reserve fund.
$ 91,665 Proguard Contract
+ $ 5,029 IT hardware needed at the Yellow Brick Building
$ 96,694 Cost to the childcare fund
ENVIRONMENTAL IMPACTS: There will be a slight increase in electrical use due to the
equipment – cameras, desktop, locks, and intercom. This is expected to be a maximum of 592.8
Kilowatts annually. This assumes using the system at its maximum capacity for 12 hours a day;
this is a worst case scenario, we do not expect to have usage this high.
RECOMMENDED ACTION: Approval for Proguard contract to complete this project.
ALTERNATIVES: If council does not want to move forward with this project, alternatives
include: (1) replacing elements of this proposal with other elements, (2) leaving doors unlocked
providing no security at the Yellow Brick Building, or (3) another alternative altogether such as a
full time security officer. These alternatives and more were discussed with the review committee
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but were not recommended because of concerns about on-going costs or too much/too little
intrusion in the day to day functions at the Yellow Brick Building.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Contract with Proguard for Yellow Brick Building Security
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ST-9/16/2013-34304-C:\Program Files (x86)\Neevia.Com\Document Converter\temp\3032.docxx
RESOLUTION NO. 86
Series of 2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR SECURITY AT THE YELLOW BRICK
BUILDING, BETWEEN THE CITY OF ASPEN AND PROGUARD PROTECTION
SERVICES, AND AUTHORIZING THE MAYOR OR 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 supply
procurement for security at the Yellow Brick Building, between the City of Aspen and
Proguard Protection Services, a true and accurate copy of which is attached hereto as
Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that contract for
supply procurement for security at the Yellow Brick Building, between the City of Aspen
and Proguard Protection Services, a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the Mayor or 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 _____ day of _________, 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 on the day hereinabove stated.
__________________________
Kathryn S. Koch, City Clerk
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MEMORANDUM
TO: Mayor and City Council
FROM: Lee Ledesma, Utilities Operations Manager
THRU: David Hornbacher, Director of Utilities & Environmental
Initiatives
DATE OF MEMO: September 9, 2013
MEETING DATE: September 23, 2013
RE: Resolution to End 2012/2013 Irrigation Season Stage One
Water Shortage Designation and Associated Surcharges
REQUEST OF COUNCIL: City Council approval of Resolution #88 would end the current
Stage One drought designation and terminate the temporary 2012 and 2013 irrigation season
excess water use surcharges. If adopted, the resolution would take effect starting with the
September 2013 billing period. Follow-up actions are recommended to track water supplies and
usage levels early next spring to consider whether it will be necessary to resume a water shortage
designation in 2014.
PREVIOUS COUNCIL ACTION: During a June 25, 2012 Public Hearing, Council approved
a Stage One Water Shortage recommendation, which encouraged water conservation with the
objective of a 10 percent reduction in water use. In accordance with Municipal Code Sec.
25.28.020 (4), City Manager imposed a surcharge for “extraordinary water use” on both Tier 3
and Tier 4 water variable rates that became effective July 2, 2012 and is currently still in effect.
BACKGROUND: As part of the Stage One Water Shortage declaration adopted by City
Council in June 2012, a temporary water rate surcharge specific to the higher water uses in Tiers
3 and 4 (4 being the highest) was adopted. The Stage One Water Shortage was initiated for the
2012 summer irrigation season in response to the extremely low snow pack and drought
conditions. It promoted voluntary restrictions to achieve a 10 percent reduction in consumption.
The Stage One Water Shortage designation remained in place through the 2012/2013 winter
while staff monitored snowpack to determine if drought conditions continued in 2013
necessitating this higher level of conservation efforts by the city and Aspen community. As you
may recall, this area experienced two back-to-back drought years, which has not been seen by
this community since before the 1960s. Having the Stage One Water Shortage in place at the
beginning of the irrigation season was essential to early actions and educational outreach by the
Utilities to our customers allowing them opportunity to initiate changes in irrigation and other
uses that would preserve water throughout the 2013 irrigation season.
As a part of the educational outreach, staff initiated weekly “did you know…” campaign ads,
(see attached examples) in the local newspaper as well as other publications. Staff participated
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in the annual Arbor Day event on May 4th with free showerhead, faucet aerator, tree gator, water
bottle, t-shirt, sticker, and activity book giveaways. We increased the focused on water
conservation in our monthly bill inserts, (see attached April and May 2013 bill inserts). Further,
our Efficiency Team kept a strong community presence at their Saturday Market tent throughout
the summer engaging the public and offering water efficient devices and information. Staff also
partnered with the Center for ReSource Conservation to bring the “Slow the Flow Colorado”
program to Aspen. This group provided to our customers free sprinkler inspection audits by
trained water auditors
In a July, 2013 City of Aspen Drought Management analysis performed by Grand River
Consulting, they assessed the 2013 regional snowpack, the primary source of municipal water
supply through Maroon and Castle Creeks, at below normal. This report affirmed the necessity
to conserve a higher level of water as designated by the Water Shortage currently in place.
Fortunately as summer progressed into fall, Aspen and the surrounding areas experienced strong
monsoon weather patterns in late July and August leading to improved instream flows in Maroon
and Castle Creeks.
DISCUSSION: Since two consecutive drought years—2012 and 2013—have not occurred in
over half a century, the likelihood of a third drought year is limited. However, in the event that
drought conditions are evident in year 2014, Utilities staff has gained valuable experience and
connections with other conservation support organizations, such that we are well positioned to
act swiftly with Council direction in such a situation. The Stage One Water Shortage and
temporary rate surcharges have served their necessary purpose as the 2013 irrigation season
draws to a close. With the onset of freezing temperatures, irrigation systems will be shut down
for the winter in coming weeks reducing most customers’ water consumption to the lower Tier 1
and Tier 2 rates.
Utilities staff will continue to diligently monitor snowpack this winter. Should the area receive
below average snowfall, or there are other distinct signs of drought or other negative impacts to
the water shed, staff will approach Council with a water shortage recommendation by the end of
April 2014.
FINANCIAL/BUDGET IMPACTS: Water shortage restrictions created a reduction in Tier 1
and Tier 2 water use, which was partially offset by the temporary water surcharge on Tier 3 and
Tier 4 usage.
ENVIRONMENTAL IMPACTS: Without a city-wide water conservation and drought
management plan, stream health, agricultural activities, and fish and wildlife habitat along the
Roaring Fork and Colorado Rivers are more negatively impacted than if we contributed to water
conservation efforts. Public safety concerns resulting in increased fire and flood hazards, as well
as negative economic impacts due to decreased tourism, are also benefits of a strong water
conservation program that contains constant public outreach and education.
RECOMMENDED ACTION: Staff recommends that Council end the temporary 2012
irrigation season water use surcharges, as well as the current Stage One Water Shortage
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declaration. Staff recommends a review of a drought designation at the end of the 2013/2014
winter snowpack season, or earlier if warranted.
ALTERNATIVES: Council may elect to keep current Stage One Water Shortage designation
in place so that timely 2014 water conservation programs and outreach can occur and surcharges
are already in place as customers begin to turn on their irrigation water in spring of 2014.
PROPOSED MOTION: I move to adopt Resolution #88, ending the temporary water use
surcharges and the current Stage One Water Shortage designation.
CITY MANAGER COMMENTS:
______________________________________________________________________________
______________________________________________________________________________
ATTACHMENTS:
Attachment A -- Sample of three weekly “did you know…” newspaper ads
Attachment B – April 2013 Utility Bill Insert
Attachment C – May 2013 Utility Bill Insert
Attachment D – Resolution #88, Series 2013
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RESOLUTION #88
(Series of 2013)
A RESOLUTION ENDING THE CURRENT STAGE ONE DROUGHT
DECLARATION, AND TERMINATING THE TEMPORARY EXCESS WATER
USE SURCHARGE IN EFFECT DURING THE 2012 AND 2013 IRRIGATION
SEASONS.
WHEREAS, THE CITY OF ASPEN STAGE ONE DECLARATION,
TOGETHER WITH VOLUNTARY WATER CONSERVATION MEASURES,
MET ITS GOAL OF REDUCING WATER USE BY 10% DURING THE 2012
AND 2013 SUMMER IRRIGATION SEASON, AND
WHEREAS THE MEASURES IMPLEMENTED DURING A STAGE ONE
DROUGHT CONDITION ARE AIMED AT REDUCING OUTSIDE WATER
USE, AND
WHEREAS THE CONTINUATION OF THIS PROGRAM INTO THE
WINTER MONTHS WOULD NOT CONTRIBUTE MEANINGFULLY TO
LOCAL OR STATEWIDE DROUGHT EFFORTS, AND
WHEREAS, THE POTENTIAL NEED FOR CONTINUED WATER
CONSERVATION EFFORTS NEED TO BE REVIEWED SUBSEQUENT TO
THE WINTER SNOWFALL SEASON.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1 That the City Council of the City of Aspen hereby ends its
Stage One Water Shortage declaration and ends the system of temporary excess
water use surcharges in effect for the 2012/2013 irrigation seasons for any meter
read starting with the September 2013 billing period.
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Dated:
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 September 23, 2013.
Kathryn S. Koch, City Clerk
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Aspen’s Potable Water Supply
All potable water providers have a limit to the number of customers they can serve. Aspen is no different
in this regard. The limits to service growth are governed by several factors, including:
The existing water rights regime;
The current water year’s hydrological conditions;
Minimum ecological flow requirements;
The extent of customer conservation and efficiency practices; and
The efficiency of the water treatment and distribution system.
Given these limiting factors, and in its current configuration, Aspen’s municipal water utility can produce
up to approximately 8.5 million gallons per day (MGD) of treated water, (the water treatment plant design
capacity is 20 MGD). In 2012, we reached 7.8 MGD—close to our maximum capacity. While there is some
additional supply available via the City’s groundwater wells, they currently provide only a nominal boost to
total available supply. While this may seem surprising, the City would reach its treated water production
limit much sooner if it weren’t for the comprehensive efficiency overhaul of the treatment plant and distri-
bution infrastructure that began in the mid-1990’s.
These efficiency gains were realized due to, among other things, a thorough leak detection and repair pro-
gram, technology upgrades at the water plant, and changes in policy and public awareness related to water
conservation. While these changes allowed the water utility to serve more people with less water, it did
nothing to increase the underlying available supply.
Even though the amount of water used per connection has dropped by about 43 percent since 1994, over the
past four years efficiency and conservation gains have begun to lose ground to added water demands, and
thus it is only a matter of time before additional water supplies must be added to the system.
Using 1994 as a baseline, in 2012 the water plant is using about 22% less water to
serve 136% more customers: Peak summer water production is more difficult to reduce.
Arbor Day
May 4th
10 a.m. — 12 Noon
Paepcke Park
APRIL
2013
bulletin
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Look for our upcoming weekly facts in The Aspen Times.
WWW.ASPENPITKIN.COM/UTILITIES
Aspen’s Potable Water Supply continued
Typically, a water utility uses peak usage during “critical water years” in order to assess current and future
supply needs. As evidenced by the graph below, and using 2012 as the “critical water year,” it’s clear that
while the community’s water use has dropped significantly as a whole, the peak usage is higher than that
of 1994.
In other words, while the community has increased its conservation efforts, we still reach higher peak us-
age during acutely dry years, such as 2012. When nature doesn’t do the irrigating for us in the form of
precipitation, we tend to rely on the hose more to water our lawns, gardens, crops, etc. It’s during peri-
ods of water stress that people use the most water.
In order to meaningfully increase supply and provide the water utility with capacity for future growth in
demand, the City has begun to construct a water reclamation project, whereby treated non -potable water
at the Aspen Consolidated Sanitation District plant will be pumped back up towards town to be used for
golf course irrigation, snowmaking, and other non-potable uses. This project is slated to be completed in
2014 and will free up an additional ~1.5 MGD (or ~3300 ECUs) for potable supply—enough for approxi-
mately 20 years of continued demand increases at the current rate of growth. One metric the City uses for
demand growth planning is called an Equivalent Capacity Unit, or ECU. An ECU is a measuring unit for a
residential or commercial unit’s water use intensity, which can be readily converted into a water
consumption rate, (i.e. the more faucets, toilets, showers, appliances, etc., the higher the ECUs of that
customer). By tracking trends in ECUs, the water utility can better plan for the future.
Even though 2013 is shaping up to be slightly better than 2012 in terms of snowpack, the successive
nature of both below-average years has the potential to make this spring as bad, or even worse, of a runoff
period than 2012 due to the lack of groundwater recharge. The takeaway message is this: continue to be
aware of your water use this spring and summer. In order to “live within our means,” we all need to do
our best to conserve water—especially during the upcoming critical irrigation season.
The number of water connections has grown steadily (1 1/2% per yr)
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The City of Aspen is currently in a Stage One Water Short-
age and has been since July of 2012. The overall objec-
tive during this stage is to conserve a minimum of 10 per-
cent of water use especially during the critical water
months of June, July and August when water treatment
production is close to intake capacity and stream flows
are close to minimum.
The City of Aspen Municipal Code for a Stage One Water
Shortage reads as follows:
(1) There shall be lawn watering only to the extent deter-
mined permissible by the City Council according to the de-
mands of the particular period in question. If no other spe-
cific schedule is adopted by City Council, an odd-even
schedule shall be in effect on a voluntary basis. An “odd-
even” schedule means that addresses ending in odd num-
bers and addresses ending in even numbers will water on
alternate days, with odd numbers only irrigating the day fol-
lowing the declaration of Stage One restrictions, even num-
bers only irrigating the next day, and so on.
(2) Public education materials shall be provided to encourage
efficient use of the available water supply.
(3) Public facilities will be directed to implement water use
restrictions by administrative order, including: limiting irri-
gation of public parks and golf courses to an extent greater
than the target reduction in overall water use; reducing
street washing to minimum level necessary to comply with
air quality standards and suspending fire hydrant flushing
and testing except when required for completion and ac-
ceptance of a newly constructed water system.
(4) Upon declaration of Stage One water shortage, increases
in water rates for "extraordinary water use" (Sections
25.16.010 and 25.16.020 and 25.16.021) shall be imposed as
mandated by the City of Aspen City Manager up to the maxi-
mum rates defined in Section 25-28.040.
WATER RESTRICTION AND WATER CONSERVATION DETAILS ARE AVAILABLE AT
WWW.ASPENPITKIN.COM/UTILITIES/DROUGHT
WATER VIOLATIONS CAN BE REPORTED TO WATER@CITYOFASPEN.COM.
PLEASE PROVIDE LOCATION, TIME AND DATE OF OCCURENCE.
FREE WATER SAVING DEVICES ARE AVAILABLE FOR CITY OF ASPEN WATER CUS-
TOMERS EVERY OTHER WEEK AT THE FARMERS MARKET OR BY CONTACTING
THE WATER DEPARTMENT DIRECTLY AT 970-920-5110.
WATER CONSERVATION… WHAT YOU CAN DO
Three ways you can save water indoors:
Toilets are 25 percent of your indoor water use. Get
a rebate from Aspen Water for installing a WaterSense-
certified toilet. Flush less often.
Take shorter showers. Switch to a low flow showerhead.
Bring your old one to the utilities efficiencies booth at the
farmers market and exchange for a new, efficient one.
Wash fewer loads of laundry. (Try to wash two fewer
loads per week.)
And three ways to save outdoors:
Change over to high-efficiency rotary nozzles.
Hire a qualified landscape professional to help keep your
landscape healthy and reduce water use.
Use the cycle and soak irrigation method to ensure your
grass absorbs the water you apply to it.
WATER CONSERVATION… WHAT YOU NEED TO KNOW
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THE ASPEN GOLF CLUB IS OPEN FOR PLAY!
This month we look at how the golf course waters its turf. In 2007 a
new irrigation system was installed at the golf course to achieve 2 goals.
1. Improve golf course conditions
2. Save water
Today we can report that both goals were achieved at a very high level.
In 2009 the Aspen Golf Club was ranked #17 in the world for Best
Municipal Golf Courses. Since the installation of the new irrigation
system, the golf course saves annually, on average, 26 million gallons of
water.
The improved conditions and reduction in water use can be attributed
to water being applied more accurately and evenly.
The new irrigation system aligns with the goals of the City of Aspen.
Steve Aitken , Director of Golf, added that the golf course achieved
Certification as an Audubon Cooperative Sanctuary in 1999 and that
one of the six certifications was water conservation. “We knew that the irrigation system was going to be
outstanding, and I’m proud of these accomplishments,” Aitken reported.
The golf course staff utilizes a weather station that provides hourly data. Wind Speed, Humidity,
Temperature, Rainfall, and Light Intensity are all monitored to provide a daily evapotranspiration rate or
“ET” for the golf course. This ET rate is used to program the irrigation for the golf course that night.
For drought years, the golf course has a plan set in place to address how it will water. “We have been at a
Stage One, 10 % Voluntary Water Reduction at the golf course since we installed the new system.” said
Aitken. “We have a plan in place if a Stage Two or Three is mandated. Stage Two requires us to reduce our
water use by 30%. We can accomplish this by reducing the amount of water we apply to the Driving Range,
Roughs and Native areas. These areas will go dormant and look a little brown. It’s only a temporary dor-
mancy that the grass plant goes into. I’ve been experimenting with water reductions on the golf course for
years. We will be ready and able to comply without sacrificing a great playing surface for our golfers.”
Aitken said he welcomes homeowners or businesses to contact him with questions on how to save water on
their lawns and landscapes. Contact Steve Aitken CGCS directly at the City of Aspen Golf Department at
970-920-5719 or steve.aitken@cityofaspen.com
Celebrate Arbor Day and Water Conservation Join us on Saturday, May 4th from 10:00 am to 12:00 pm
We will be at Paepcke Park for an interactive, educational morning discussing ways to improve water efficiency and reduce our water use. Let’s work together this coming irrigation season to CONSERVE more water for OUR NATURAL ENVIRONMENT and reduce the threat of wildfire. PRIZES AND GIVEAWAYS ASPEN TAP BOTTLES AND EFFICIENCY DEVICES KIDS’ STICKERS AND ACTIVITY BOOKS
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MAY 2013 bulletin
“Water Conservation Team Hits the Streets”
Join us on Saturday, June 8th at Aspen Eco Fest
http://aspenecofest.com/
And at Saturday Markets starting June 15th. We’ll be set up in our efficiencies booth
with a focus on water saving devices and practices.
WATER SHORTAGE CONDITIONS
In conditions of prolonged aridity or drought, the City of
Aspen municipal code has within it administrative policies to
encourage increased efficiency and conservation of water
use. There are three stages of water shortage that can be
declared by City Council and each one mandates
progressively restrictive water use actions in order to achieve
progressively lower community water use.
The City of Aspen remains in a “Stage One Water Shortage”
condition, which was originally declared on June 25th, 2012.
So, what exactly does this mean for you?
Stage 1 Water Shortage Actions
The objective is a ten percent (10%) reduction in overall
water use.
Voluntary conservation is encouraged during this stage,
including an “odd-even” lawn irrigation schedule,
based on each residences’ address number (e.g.,
200 Shady Lane waters on the 10th, and 201 Shady
Lane on the 11th, etc.).
Community education materials shall be distributed to
encourage efficiency and conservation of water use.
Public facilities will be required to reduce water use via
administrative order. Examples of this include:
limited irrigation of parks and golf courses; reduced
frequency of street washing; and suspension of fire
hydrant flushing.
Increased water rates will be enforced for “extraordinary
water use” as defined in the municipal code
(Sections 25.16.010, .020, and .021).
In an attempt to lead by example, the City of Aspen and its
employees, departments and facilities endeavored to reduce
our water use upon the stage one declaration last June. The
results were promising. Through interdepartmental
cooperation and increased awareness efforts, the City
reduced its overall water use by 18% in August 2012,
compared to August 2011, that’s about 5 million gallons in
savings that month alone!
Groundwater Conditions
Remain Stressed
While recent increases in pre-
cipitation events have reduced
the likelihood of a “Stage
Two” declaration, we are not
out of the woods yet. Water
supply is not only a function
of the current water year’s
precipitation; it’s a function of
the previous water year’s as
well. The reason for this is twofold: groundwater response
times vary depending on the lithology, or rock structures,
across our watershed—some precipitation enters the ground-
water system and flows to the stream relatively quickly,
while other precipitation enters slow moving channels that
can take many months, or even years, to reach the catch-
ment’s primary stream channel.
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Look for our upcoming weekly
utilities facts in The Aspen Times. WWW.ASPENPITKIN.COM/DEPARTMENTS/UTILITIES
Continued..
Because last year’s drought did not keep
the subsurface conditions ‘wetted’ (i.e.,
the water table was lowered), response
times this year have been delayed, and
the normal groundwater supplies that
contribute to stream base flows during a
normal hydrologic year will be diminished.
Below is a simplified diagram of outlining
the groundwater/surface water
connection (image credit: USGS):
There are several ways to reduce your water use without sacrificing your standard of living. For more information on how
you can conserve, contact Jeff Rice, the City’s Utilities Efficiency Manager, at jeff.rice@cityofaspen.com, or 970-920-5118.
Together, we can leave more water in the streams and better prepare ourselves for future droughts.
We are pleased to provide our customers with the
2012 Water Consumer Confidence Report
Please go to our www.aspenpitkin.com/utilities to view this website link
http://www.aspenpitkin.com/Portals/0/docs/City/utilities/
CityofAspenCO0149122CCR2012.pdf
If you would like a printed copy or information on the results,
please contact our office at 970-920-5110.
JUNE CANARY JUNE CANARY JUNE CANARY
CALL TO ACTIONCALL TO ACTIONCALL TO ACTION
Convert at least one shower
head or sink faucet into a low
flow fixture.
Visit the Utilities Efficiency
booth at the Aspen Saturday
Market starting June 15th for
tips and FREE low flow
products.
Go to www.facebook.com/
CanaryInitiative and write a
post about—or share a photo
of—you completing the June
action by June 30, 2013 to be
entered in a drawing to win a
membership to the Roaring
Fork Conservancy.
SUNNY SENSATION WATERWISE GARDEN
Presented by our friends at Eagle Crest Nursery
Looking out at the yard has never been more sensational. The “Sunny Sensation” perennial xeric
garden brings forth such colorful beauties as the Purple Coneflower, Orange Carpet and Blue
Avena grass. The great textures of the Grass, May Night Sage and Sedum also set it apart from
neighboring landscapes. The garden package includes ideal plants for the gardener that wants to
landscape using less water.
Included with the Pre-Planned, Professional Xeric Perennial
Garden Design Package:
24 perennial plants in 4” pots; 7 plant varieties; seeds; and,
planting care and maintenance guide
Cost $125.00
Gardens will be available for pick-up starting in June 2013 at Eagle Crest Nursery in El Jebel.
Contact 970-963-1173 for more details or go to www.eaglecrestnursery.com
P36
VI.b
Drought conditions persist
into their second year.
Snowpack improved over
2012 levels but only
reached a peak level of
92% of normal peak snow
storage.
Cumulative 2013 March
and April snowfall were
above average and a
significant improvement
over 2012.
Snowpack on
Independence Pass above
Aspen reached near normal
levels by May 1st, 2013.
2013 “Spring Melt” was
delayed by over month
when compared to 2012.
Current drought conditions
are D1 DROUGHT -
MODERATE for Pitkin
County compared to D3
DROUGHT - EXTREME
earlier this year.
Soil moisture and ground-
water levels could still
result in a water shortage
by late summer.
Average 1981-2010
2013
2012
DROUGHT UPDATE
P37
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WWW.PITKINEMERGENCY.ORG
P38
VI.b
MEMORANDUM
TO: Mayor and City Council
FROM: Andy Rossello, Utilities Engineer
Mike Mcdill, Deputy Director of Utilities
THRU: Dave Hornbacher, Director of Utilities and Environmental Initiatives
DATE OF MEMO: September 16, 2013
DATE OF MEETING: September 23, 2013
RE: Approval of contract for construction between the City of Aspen and Mueller
Construction Services, Inc. for the construction of The Deer Hill Pressure Reducing
Vault.
_______________________________________________________________________________________
REQUEST OF COUNCIL: Staff requests a contract award to Mueller Construction Services, Inc. in the
Amount of $218,881.00 for the installation of a Pressure Reducing Vault, and necessary pipeline
construction/interconnection.
PREVIOUS COUNCIL ACTION: City Council approved several Utility Projects over Deer Hill via
Resolution # 70 of 2013, which authorized the construction of Underground Utilities connecting the
Burlingame Subdivision and The Aspen Airport Business Center (AABC). Council previously approved
funding for the AABC potable water tie through the 2013 budget process as well as previous years’
budgets.
BACKGROUND: The City Burlingame/AABC potable water tie serves to provide looped service to both
the Burlingame development and the AABC. This will provide a secondary backup feed in the event of a
mainline failure on Highway 82 or in the Bar X areas. The Pressure Reducing Valves, and Vault located on
the Burlingame site assists in pressure regulation between the two zones.
DISCUSSION: This construction will provide more reliability of and redundancy in the City water system,
as well address some pressure fluctuation issues.
FINANCIAL/BUDGET IMPACTS: The Budget Estimate for this project was $234,000, which will be
paid through water project fund 421.94.44614 (AABC Tie).
ENVIRONMENTAL IMPACTS/PLANNING CONSIDERATIONS: By working closely with Open
Space and Trails, And the Burlingame Subdivision we have been able to limit the impact of this vault and
limit its impact in this environmentally sensitive area. The Building complies with all Aspects of the 2009
International Energy Conservation Code.
RECOMMENDED ACTION: We request council approve the contract between the city and Mueller
Construction Services, Inc. in the amount of $218,881.00 for the installation of the Deer Hill Pressure
Reducing Vault.
ALTERNATIVES: Alternatives for this infrastructure install would be to re-design the PRV in another
location, this would prevent the water infrastructure from being brought on line and would reduce the ability
to deliver water through multiple feeds.
P39
VI.c
2
PROPOSED MOTION: I move that City Council approve on first reading the Contract for construction for
Deer Hill Pressure Reducing Vault.
PROPOSED MOTION: I move to approve Resolution #_______________________
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Proposal/Bid
B. Vicinity Map
P40
VI.c
RESOLUTION #90
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MUELLER CONSTRUCTION SERVICES INCORPORATED
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
pressure reducing vault between the City of Aspen and Mueller Construction
Services Inc, a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for pressure reducing vault, between the City of Aspen and Mueller Construction
Services Inc. a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 23rd day of September 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 September 23, 2013
Kathryn S. Koch, City Clerk
P41
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P59
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P63
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P64
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P65
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P66
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P67
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P68
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P69
VI.c
RESOLUTION NO. 87
Series of 2013
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, DESIGNATING A
LOCAL LICENSING AUTHORITY FOR MARIJUANA LICENSES AND ESTABLISHING
WHEN APPLICATIONS FOR LOCAL LICENSES WILL BE ACCEPTED BY THE LOCAL
LICENSING AUTHORITY
WHEREAS, in November 2012, Colorado voters passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new Section 16 concerning the
personal use and regulation of marijuana; and in November 2000, Colorado voters passed
Amendment 20, adding a new Section 14 to Article XVIII of the Colorado Constitution,
concerning medical use of marijuana for persons suffering from debilitating medical conditions;
and
WHEREAS, these two amendments legalize certain marijuana businesses and allow for
the dual licensing of such businesses by the state and local jurisdictions or the prohibition of such
businesses by local jurisdictions; and
WHEREAS, section 16(5)(e) of Article XVIII requires a local jurisdiction to specify, not
later than October 1, 2013, an entity within the local jurisdiction responsible for processing
applications submitted for a license to operate a retail marijuana establishment and for the
issuance of such licenses in the event the State fails to meet its constitutional mandates relating
to licensing such establishments; and
WHEREAS, the State has enacted codes and regulations for both medical and retail
marijuana and is mandated by Amendment 64 to begin accepting license applications for retail
marijuana establishments by October 1, 2013; and
WHEREAS, pursuant to the Colorado Retail Marijuana Code (Article 43.4 of title 12,
C.R.S.), on October 1, 2013, the Colorado Department of Revenue will begin sending to the City
of Aspen a copy of any license application it receives for licensing a retail marijuana facility
within the City of Aspen, together with one-half the application fee, unless the City of Aspen has
prohibited such facilities within its jurisdiction; and
WHEREAS, City Council intends to pass an ordinance to authorize the licensing of
some or all medical and retail marijuana facilities within its jurisdiction, but the ordinance will
not be adopted and effective before the October 1, 2013 deadline; and
WHEREAS, City Council desires to designate its local licensing authority, to advise the
Colorado Department of Revenue of such designation, and to set out a timeframe for the local
licensing authority to accept local license applications.
P71
VI.d
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO.
Section One. Local Licensing Authority. The City of Aspen Liquor Licensing Authority
is hereby designated as the Local Licensing Authority responsible for processing applications
submitted for a license to operate any marijuana establishment within the City of Aspen, in
accordance with rules and regulations to be enacted by ordinance of the City of Aspen.
Section Two. Processing of Applications. No application for a license to operate any
marijuana establishment within the City of Aspen will be processed or considered by the Local
Licensing Authority until after the effective date of the ordinance authorizing such local
licensing of marijuana facilities. Any state application for the licensing of a marijuana
establishment within the City of Aspen received by the City of Aspen prior to the effective date
of such ordinance will be held in the City Clerk’s office and will not be deemed complete until
after the effective date of the City’s licensing ordinance, submission of any local licensing or
application fees required by such ordinance, and submission of any local application or
information not included within the state application.
Section Three. Notification to the Colorado Department of Revenue. The City Clerk is
directed to notify the Colorado Department of Revenue (“DOR”) before October 1, 2013 that
any license applications to be forwarded to the City by the DOR shall be sent to the Local
Licensing Authority, c/o the City Clerk’s Office.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 23rd day of September, 2013.
___________________________________
Steven Skadron, Mayor
I, Kathryn 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 September 23, 2013.
__________________________________
Kathryn S. Koch, City Clerk
P72
VI.d
P73
VI.d
Page 1 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Everson, Affordable Housing Project Manager
THRU: Barry Crook, Assistant City Manager and
Scott Miller, Capital Asset Director
DATE OF MEMO: September 16, 2013
MEETING DATE: September 23, 2013
RE: Burlingame Phase II – OZ Architecture Design Fees for Phase IIAii
REQUEST OF COUNCIL: Staff requests Council approval of amendment #25 to the existing
contract between the City and OZ Architecture for ongoing Burlingame Phase II design services.
PREVIOUS COUNCIL ACTION: On March 8, 2010, City Council approved the contract for
OZ Architecture for the Conceptualization, Criteria Design and Detailed Design phases of the
Burlingame Phase II Integrated Project Delivery design effort in the amount of $814,759.00.
Since that time, a number of contract amendments have been approved as the project has moved
forward.
BACKGROUND: All amendments to the contract with OZ Architecture are summarized below:
P75
VI.e
Page 2 of 2
DISCUSSION: The City’s regulatory process requires that each phase of proposed construction
be submitted in a stand-alone permit package. The same stand-alone drawing package is also
needed to facilitate GMP pricing for the next phase of construction (Phase IIAii, buildings #5-7).
The services described in OZ Architecture’s proposed amendment #25 serves both purposes
described above and is needed whether the next group of buildings (buildings #5, #6 and #7, 34
additional affordable condo units) is to be approved for construction in 2014 or even if that work
is put off for another year.
FINANCIAL/BUDGET IMPACTS: Proposed amendment #25 in the amount of $154,522.50
would be funded from existing 2013 project contingency and thus requires no request for
additional budget authority. Upon approval, remaining project contingency would be reduced to
approximately $375,000. Staff is determined to conserve at least $250,000 of the remaining 2013
project contingency to carry forward to the next phase of work. This will give us the opportunity
to be able to reduce our 2014 budget request by this amount, if costs can be sufficiently
contained.
RECOMMENDED ACTION: Staff recommends Council approval of amendment #25 to the
existing contract between the City and OZ Architecture for ongoing Burlingame Phase II design
services so that the next phase of work can be appropriately planned.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A: OZ Proposed Contract Amendment #25
P76
VI.e
RESOLUTION #91
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING CONTRACT AMENDMENT #25 BETWEEN THE
CITY OF ASPEN AND OZ ARCHITECTURE 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 contract
amendment #25 for Burlingame Phase II ongoing design services for buildings 5
through 7 between the City of Aspen and OZ Architecture, 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 contract
amendment #25 for Burlingame Phase II ongoing design services for buildings 5
through 7 between the City of Aspen and OZ Architecture, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the C ity
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 23rd day of September 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 September 23, 2013.
Kathryn S. Koch, City Clerk
P77
VI.e
MEMORANDUM
®
ARCHITECTURE
URBAN DESIGN
INTERIOR DESIGN
Amendment 25
Proposed Amendment to AIA Document B195‐2008 Agreement between Owner and Architect for Integrated Project
Delivery for the Burlingame Ranch Phase II Project Dated January 25, 2010.
Description of Services offered.
At the request of the Owner, OZ Architecture and its Consultants have prepared this proposal for Additional Services for
the Burlingame Ranch Phase II Project in relation to the preparation of pricing documents for Buildings 5, 6, & 7 to be
constructed in 2014. At the direction of the Owner’s Representative, we have itemized this proposal as follows: Base
Services have been determined to be the minimum effort required to facilitate the next phase of development. Additional
scope has been divided into three (3) Add‐Alternates which may be authorized incrementally on an as needed basis, as
may be determined by the Owner. The Additional Services which are proposed in this Amendment are as follows:
• Base Services: Prepare and issue a new set of site construction drawings similar in constitution to Vol.4 of the
Implementation Documents, which was prepared specifically for site construction associated with Buildings 1‐4.
This set shall include Civil, Landscape, Irrigation, Electrical, Plumbing and Fire Protection sheets related to the
areas of the site surrounding these three buildings only, and shall be issued as Volume 5 of the 100%
Implementation Documents. This scope of services shall include coordination of site‐related ASI’s, RFI’s, CCD’s &
CO’s implemented during 2014 construction as may be applicable to the next phase of construction. This scope of
services shall also include support by the Civil, Landscape & Irrigation, Electrical, Plumbing and Fire Protection
Consultants for the pricing next years’ Site Work by the Contractor of Record as well as submittal of Volume 5
documents to the City Engineer for review and approval for the planned site improvements and revision of the
documents as may be required to secure approval from the City Engineer of Volume 5.
• Add‐Alternate No. 1: The AE Team will revise the drawings identified in the partial Volume 2 and partial Volume
3 Pricing Sets described in the previous item to coordinate changes and clarifications implemented during
construction of Buildings 1‐4. Updates to the listed 100% Implementation Documents will address issues
described in the following:
o Architect’s Supplemental Instructions; ASI‐100 through ASI‐112
o Requests For Information; RFI‐0001 through RFI‐0120
o Construction Change Directives; CCD‐100 through CCD‐102
o Change Orders; CO‐100 through CO‐113
• Add‐Alternate No.2: The AE Team, including the Civil, Landscape and Irrigation Consultants will provide
traditional and customary professional services to support Bidding & Negotiation of the documents prepared
under Add‐Alternate No. 1 by potential new General Contractors. Traditional and customary services for this part
of the work would include answering of RFIs, evaluation of Substitution Requests and issuance of Addenda as may
be required during pricing by potential new General Contractors. These services would also include assistance to
TO: Scott Miller DATE: September 6, 2013
FROM: Tim Ross PROJECT: Burlingame Ranch Phase II
SUBJECT: Burlingame Phase II
Contract Amendment No.21
OZ Architecture B195‐2008
PROJECT #: 809003
CC: Chris Everson, Rob Taylor FILE #:
P78
VI.e
MEMORANDUM
BOULDER PHONE: 303 449.8900
1805 29TH STREET, SUITE 2054 FAX: 303.449.3886
DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.OZARCH.COM
®
ARCHITECTURE
URBAN DESIGN
INTERIOR DESIGN
the Owner in the evaluation of competitive bids, the selection of a new General Contractor and support for the
finalization of new GMP Documents for Buildings 5, 6 & 7 for submittal to City Council.
Exclusions
This request does not include the following scope items. Professional fees for these items can be provided under a
separate proposal upon written request.
• Changes to the Instruments of Service or preparation of additional Instruments of Service which may be required
due to the adoption by the Authorities Having Jurisdiction of new codes or amendments to existing codes or
ordinances since the Implementation Documents were approved by the Building Department including but not
limited to changes to align with the requirements of the 2012 IBC, new ADA legislation.
• Changes to the Instruments of Service or preparation of additional Instruments of Service which may be required
to update the approved Drainage Reports, Soils Reports, Survey Documents and the like which may be required
by the City of Aspen Engineering Department in support of continued development of the project.
• Changes to the Instruments of Service or preparation of additional Instruments of Service which may be required
by the City of Aspen Zoning Department in support of continued development of the project.
• Changes to the Instruments of Service or other work which may be requested by the Owner to change the
previously approved design to accommodate modular or prefabricated construction or to otherwise change the
conceptual geometry or configuration of the structural framing.
• Changes to the Instruments of Service or other work which may be requested by the Owner or the AHJ to change
the design of the mechanical, electrical, plumbing or fire protection systems on the project.
• Contract Administration Services for Buildings 5, 6 & 7 shall be submitted under a separate proposal.
Supporting Documents (See attached)
• Email request by OZ dated 7/19/2013
• Partial List of Drawings for Vol. 2 and Vol. 3 (Architectural, Structural, MEP & Fire Protection)
• DRAFT List of Drawings for NEW Volume 5 (Civil, Landscape, Irrigation & Sanitary Sewer)
• Email from M&N Engineers dated 8/12/13
• Email from MV Consulting dated 7/24/2013
• Email from BA Consulting dated 7/24/2013
• Email to REG dated 8/5/2013
• Proposal Letter from Mt. Daly dated 7/25/13
• Add Service Proposal from Alpine Engineers dated 7/24/2013
Deliverables
A complete set of Volume 5 and partial drawing sets of Volumes 2 and 3 as described herein, depending on the level of
service requested, and submittal of Volume 5 to the AHJ for permit review and approval.
P79
VI.e
MEMORANDUM
BOULDER PHONE: 303 449.8900
1805 29TH STREET, SUITE 2054 FAX: 303.449.3886
DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.OZARCH.COM
®
ARCHITECTURE
URBAN DESIGN
INTERIOR DESIGN
Schedule
Services required for preparation of new Volume 5 (Base Services) shall be provided as expeditiously as possible pending
written authorization to proceed. The target date for the issuance of the site‐related package for Pricing is September
30th and for Permit Review by November 22nd pending, of course, confirmation of the Consultants’ ability to meet these
deadlines.
So as to provide the maximum amount of time for pricing by the current general contractor, support services related to
pricing the Volume 2, Volume 3 and Volume 5 drawings shall be provided to the General Contractor of Record on an as
needed basis beginning immediately.
Should the Owner choose to have the AE Team integrate all modifications to the project reflected in ASI’s, RFI’s, CCDs,
COs and the like issued during 2014 construction into new sets of Implementation Documents (Add‐Alternate 1), this work
can be accomplished within 30 days of written authorization to proceed.
Support for Bidding and Negotiation and selection of a new General Contractor (Add Alternate No.2) can be provided
immediately upon written request to proceed.
FEE BREAKDOWN
Base Services (Volume 5 Drawings)
• Alpine Engineers, Inc.; new civil design and documentation $ 17,640.00
• MV Consulting Engineers; update electrical site design documents $ 1,000.00
• BA Consulting Engineers; update plumbing site design documents $ 1,000.00
• Shaner Consulting Engineers; update fire protection site design documents $ 1,000.00
• Mt. Daly; new landscape & irrigation design and documentation $ 4,610.00
Consultants Fees $25,250.00
• OZ ; administration of Consultants Add Services (10% per Section 4.3) $ 2,525.00
• OZ Architecture; architectural design and documentation $ 15,300.00
OZ Fees $ 17,825.00
Subtotal $ 43,075.00
Reimbursable Expenses: Estimated at 10% per contract; invoiced as accrued $ 4,307.50
Proposed Total for Base Services $ 47,382.50
P80
VI.e
MEMORANDUM
BOULDER PHONE: 303 449.8900
1805 29TH STREET, SUITE 2054 FAX: 303.449.3886
DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.OZARCH.COM
®
ARCHITECTURE
URBAN DESIGN
INTERIOR DESIGN
Add‐Alternate 1 (Update Volumes 2 & 3 for 2015)
• Monroe and Newell Consulting Engineers; structural design and documentation $ 4,300.00
• REG Consulting Engineers; mechanical design and documentation $ 4,700.00
• MV Consulting Engineers; electrical design and documentation $ 3,500.00
• BA Consulting Engineers; plumbing design and documentation $ 2,000.00
• Shaner Consulting Engineers; fire protection design and documentation (est. by OZ) $ 1,000.00
Consultants Fees $15,500.00
• OZ ; administration of Consultants Add Services (10% per Section 4.3) $ 1,550.00
• OZ Architecture; architectural design and documentation $ 25,000.00
OZ Fees $ 26,550.00
Subtotal $ 42,050.00
Reimbursable Expenses: Estimated at 10% per contract; invoiced as accrued $ 4,205.00
Proposed Total for Add‐Alternate No. 1 $ 46,255.00
Add‐Alternate 2 (B&N, Evaluation and Preconstruction with new General Contractor)
• Monroe and Newell Consulting Engineers; structural design and documentation $ 2,500.00
• REG Consulting Engineers; mechanical design and documentation $ 2,500.00
• MV Consulting Engineers; electrical design and documentation $ 1,500.00
• BA Consulting Engineers; plumbing design and documentation $ 1,500.00
• Shaner Consulting Engineers; fire protection design and documentation (est. by OZ) $ 1,000.00
• Mt. Daly; landscape & irrigation design and documentation $ 2,500.00
• Alpine Engineers, Inc.; civil design and documentation $ 2,500.00
Consultants Fees $ 14,000.00
• OZ ; administration of Consultants Add Services (10% per Section 4.3) $ 1,400.00
• OZ Architecture; architectural design and documentation $ 28,250.00
OZ Fees $ 29,650.00
Subtotal $ 43,650.00
Reimbursable Expenses: Estimated at 10% per contract; invoiced as accrued $ 4,365.00
Proposed Total for Add‐Alternate No. 2 $ 48,015.00
P81
VI.e
MEMORANDUM
BOULDER PHONE: 303 449.8900
1805 29TH STREET, SUITE 2054 FAX: 303.449.3886
DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.OZARCH.COM
®
ARCHITECTURE
URBAN DESIGN
INTERIOR DESIGN
Add‐Alternate 3 (Overtime require for completion of Volume 5 by Monday, September 16th)
• 40 hours at Time‐and‐a‐Half (20 x $225 = ) $ 9,000.00
Consultants Fees $ 9,000.00
• OZ ; administration of Consultants Add Services (10% per Section 4.3) $ 900.00
• 8 hours at Time‐and‐a‐half (8 x $225 = ) $ 1,800.00
OZ Fees $ 2,700.00
Subtotal $ 11,700.00
Reimbursable Expenses: Estimated at 10% per contract; invoiced as accrued $ 1,170.00
Proposed Total for Add‐Alternate No. 3 $ 12,870.00
Authorization
Pursuant Article 1.5 and Section 4.3 of the Owner‐Architect agreement referenced above, please indicate acceptance of
the terms of Amendment 25 as described herein by providing initials beside the desired services and your signature below.
_______ Base Services Only _______ Add Alternate No.1
_______ Add Alternate No.2 _______ Add Alternate No.3
City of Aspen OZ Architecture
_________________________________ ________________________________
Owner Architect
P82
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MEMORANDUM
TO: Mayor and Council
FROM : Garrett Sabourin, P.E., Project Manager
THRU: Tyler Christoff, P.E., Senior Project Manager
Tricia Aragon, P.E., City Engineer
DATE OF MEMO: September 18, 2013
MEETING DATE: September 23, 2013
RE: 2013 Hopkins Pedestrian Connectivity Improvements Project Contract
Approval
SUMMARY: Staff recommends Council approve the 2013 Hopkins Pedestrian Connectivity
Improvements Project contract with Excavation Services, Inc. in the amount of $83,937.75.
BACKGROUND: This project shall improve pedestrian and cyclists safety by installing a staff
identified missing sidewalk link along the south side of Hopkins Avenue, from 4th Street to 3rd
Street, and improve Hopkins corridor night time visibility by installing a light pole and
appurtenances at the NW corner of Hopkins Avenue and 5th Street.
Staff solicited feedback on the proposed illumination improvements location through mailed,
flyers, direct email, and a third party run website:
http://www.aspenpitkin.com/Departments/Community-Relations/Open-City-Hall/.
The citizen response was very supportive and actively voiced desires for the need of improved
safety at the poorly illuminated intersection.
DISCUSSION: The Pedestrian Capital improvements program is an ongoing safety
enhancement plan with the goal to develop and maintain safer pedestrian corridors in Aspen.
Staff has identified and prioritized pedestrian projects within the city which have safety
concerns, lack connectivity, or need to be improved to meet Americans with Disabilities Act
(ADA) standards.
The section of sidewalk being proposed for construction has been recognized by city staff as a
safety and connectivity concern, and is not currently ADA compliant.
The proposed light pole construction has been identified due to citizen’s requests for improved
illumination along the Hopkins Avenue Corridor. City staff analyzed the Hopkins Avenue
corridor and identified the 5th Street and Hopkins Avenue intersection as a logical location for
lighting improvements. These infrastructure improvements should improve pedestrian and
cyclist’s safety during night time hours.
P83
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The 2013 Hopkins Pedestrian Connectivity Improvements Project was advertised for bid on
September 02, 2013. One (1) bid was received and opened on September 16, 2013.
Bids were received from one (1) Contractor as seen below:
Excavation Services, Inc. $83,937.75
Excavation Services, Inc. was the only responsible bidder. Staff recognizes this bid as being
competitive and within the engineering estimates set forth for the project.
Excavation Services, Inc. has experience in various City infrastructure improvement projects and
has performed well in previous contracts. Staff recommends that the City award the final
construction contract to this vendor.
FINANCIAL IMPLICATIONS:
Funding
5th & Hopkins Pedestrian Improvements Budget $25,000.00
Hopkins Pedestrian Connectivity Budget $63,000.00
TOTAL $88,000.00
Expenditures
Excavation Services, Inc. Construction Bid $83,937.75
Contingency (5%) $ 4,062.25
TOTAL $88,000.00
RECOMMENDATION: Staff recommends council approve the 2013 Hopkins Pedestrian
Connectivity Improvements Project contract with Excavation Services, Inc. in the amount of
$88,000.00.
PROPOSED MOTION: “I move to approve Resolution No. 92, Series of 2013.”
CITY MANAGER COMMENTS:
ATTACHMENT A – Contract with Excavation Services, Inc.
P84
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RESOLUTION # 92
(Series of 2013)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND EXCAVATION SERVICES INC, SETTING
FORTH THE TERMS AND CONDITIONS REGARDING THE 2013
HOPKINS PEDESTRIAN CONNECTIVITY IMPROVEMENTS PROJECT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Excavation Services, Inc a copy
of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that
contract between the City of Aspen, Colorado, and Excavation Services,
Inc regarding 2013 Hopkins Pedestrian Connectivity Improvements Project,
a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager of the City of Aspen to execute said
contract on behalf of the City of Aspen.
Dated:
Steve Skadron, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify
that the foregoing is a true and accurate copy of that resolution adopted by
the City Council of the City of Aspen, Colorado, at a meeting held
September 23rd 2013.
Kathryn S. Koch, City Clerk
P85
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___________________________________________________________________________________________________________________
CC1-971.doc Page 1 **CC1
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered into on September 23, 2013, by and between the CITY
OF ASPEN, Colorado, hereinafter called the “City”, and EXCAVATION SERVICES INC.,
hereinafter called the “Contractor”.
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project: 2013 Hopkins Pedestrian Connectivity
Improvements, and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and
as a result of such canvass has determined and declared the Contractor to be the lowest
responsible and responsive bidder for the said Work and has duly awarded to the Contractor a
Contract for Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of “Notice to Proceed” and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Eighty Three Thousand Nine
Hundred Thirty Seven Dollars and Seventy Five Cents ($83,927.75) or as shown on
the BID proposal.
5. The term “Contract Documents” means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
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___________________________________________________________________________________________________________________
CC1-971.doc Page 2 **CC1
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract for Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract for
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the City Manager
or the Mayor of the City of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
to any third party or parties, except to parties to whom the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be
performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein
contained, to be performed, kept and observed by the other party.
11. The parties agree that this Contract for Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this Contract
for Construction, the prevailing party shall be entitled to its costs and reasonable
attorney’s fees.
13. This Contract for Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract for Construction.
P88
VI.f
___________________________________________________________________________________________________________________
CC1-971.doc Page 3 **CC1
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract for Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract for
Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATTESTED BY: CITY OF ASPEN, COLORADO
By:
Title:____________________________
APPROVED AS TO FORM:
By:
City Attorney
ATTESTED BY: CONTRACTOR:
By:
Title:____________________________
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
P89
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___________________________________________________________________________________________________________________
CC1-971.doc Page 4 **CC1
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ____________________)
) SS.
COUNTY OF __________________)
On this _______ day of ________________________________, 20____, before me appeared
___________________________________________________, to me personally known, who,
being by me first duly sworn, did say that s/he is ___________________________________ of
_______________________________________________________ and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
______________________________________
Notary Public
______________________________________
Address
My commission expires: _______________________
P90
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P92
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CITY OF ASPEN, COLORADO
ENGINEERING DEPARTMENT
PLANS OF PROPOSED
HOPKINS PEDESTRIAN CONNECTIVITY IMPROVEMENTS
FOR THE CONSTRUCTION OF: ASPHALT ROADWAY, SIDEWALK, CURB AND GUTTER,
ADA COMPLIANT RAMPS, AND ONE RESIDENTIAL CONCRETE DRIVE.
HOPKINS AVENUE
PITKIN COUNTY
LIMITS: SEE LAYOUT SHEET FOR DETAILS
PROJECT LOCATION
HOPKINS AVENUE
ASPEN, CO
INDEX OF SHEETS
SHEET NO.DESCRIPTION
1
THIS PLAN SET WAS DERIVED FROM
SHOULD NOT BE USED FOR ANY
FIELD SURVEY AND GIS DATA AND
CONSTRUCTION OR ENGINEERING
PURPOSE.
PREPARED BY:
CITY OF ASPEN ENGINEERING DEPARTMENT
CONTACT: GARRETT SABOURIN (970) 429-2738
TITLE SHEET
2-3 PLAN SHEET
4 CROSS SECTIONS
5-14 STANDARDS
1 of 15
08/26/13
PROJECT #: 2013-107
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*QUANTITIES ARE BASED ON FIELD SURVEY AND GIS DATA AND ARE SUPPLIED AS AN ESTIMATE.
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1 INCH = 20 FEET
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BEGIN CONDUIT
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(SEE DETAIL ENG 213-T)NOTE 1 - CONTACT CITY OF ASPEN ELECTRIC DEPARTMENT PRIOR TO ACCESSING SUBGRADE TRANSFORMER. (970) 920-5148
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P9
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SECTION A-A
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DETAIL #:
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CITY OF ASPEN, COLORADO
PHONE: (970) 920-5080
ENGINEERING DEPARTMENT
REVISION #:
DETAIL #:
ENG - 206-T(a)
STANDARD DETAILS
DATE CREATED: 05/30/13
RESIDENTIAL/COLLECTOR STREET CROSS SECTION (URBAN)
DATE REVISED:
STANDARD
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PROCLAMATION – Celebrating 30 years of Wheeler Associates ............................................... 2
CITIZEN COMMENTS ................................................................................................................. 2
COUNCILMEMBER COMMENTS .............................................................................................. 2
CONSENT CALENDAR ............................................................................................................... 3
ORDINANCE #36, SERIES OF 2013 – Code Amendment – PUD/SPA ...................................... 3
ORDINANCE #37, SERIES OF 2013 – Code Amendment - Subdivision .................................... 3
ORDINANCE #33, SERIES OF 2013 – 300 W. Main Subdivision Amendment ......................... 5
ORDINANCE #27, SERIES OF 2013 - 420 E. Hyman Subdivision Review ................................ 6
ORDINANCE #34, SERIES OF 2013 – 700 Ute Avenue Aspen Alps PUD/Subdivision ............ 8
ORDINANCE #23, SERIES OF 2013 – S. Aspen Street PUD .................................................... 11
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Mayor Skadron called the meeting to order at 5:00 p.m. with Councilmembers Frisch, Mullins,
Romero and Daily present.
PROCLAMATION – Celebrating 30 years of Wheeler Associates
Mayor Skadron and Council proclaimed September 9th as Wheeler Associates Day in honor of
their 30 years of support and collaboration with the Wheeler Opera House. Rodney Jacobs,
president of the Wheeler Associates, introduced the Board and outlined some of the items
purchased for the Wheeler in the past 30 years. Jacobs noted culture creates community and
communities last for generations. Jacobs presented Council with a check for $65,000 to be used
for purchasing seats in the renovated balcony of the Wheeler Opera House. Jacobs asked that
Council remember the roll of the Grande Dame of Aspen, the Wheeler Opera House and its
partner the Wheeler Associates.
CITIZEN COMMENTS
1. Dan Kitchen urged Council to adopt an ordinance that no dogs should go into businesses
in town in order to protect citizens like him.
2. John Olsen noted restaurants could help with the noise issue by not dumping all their
cans and bottles into the dumpster at 1 or 2 a.m. There are ways to mitigate that issue.
3. Justin Pilotte, Square Grouper, told Council their restaurant and over Easy and the
Brewery are all owned and operated by locals. Pilotte said they would like to have a local’s
appreciation day set aside for people who live and work here. Chris Bendon, community
development department, suggested this might work well with the end of season sidewalk sales
weekend. Council suggested Pilotte meet with community development to see what could be
worked out.
COUNCILMEMBER COMMENTS
1. Councilman Frisch said Mac ‘n’ cheese was a great event and congratulated Keith Bulicz
for putting it together. Councilman Frisch said the Motherlode volleyball tournament was also a
good event and hopes the organizer can work with the city on funding.
2. Councilwoman Mullins said the citizen comments were all good and merit more
attention.
3. Mayor Skadron thanked the public who came and commented on the bike race. Mayor
Skadron noted public input is helpful to Council when they are making decisions on items of
concern to the public.
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4. Mayor Skadron congratulated Rustique for winning the Mac’n’cheese event for the 3rd
years. Mayor Skadron concurred about the Motherlode volley ball tournament.
5. Mayor Skadron noted Ruggerfest is this weekend. Mayor Skadron thanked the Wheeler
Associates for their generous gift.
6. Mayor Skadron reported at the ACRA board meeting, they discussed the bike race and
the general support for the event in the community. Warren Klug is working on immigration and
will meet with Representative Scott Tipton.
7. At the CAST meeting in Crested Butte, the board heard about a nest egg fund for children
who lost a parent to an avalanche; heard from a group urging the use of more plastic bags, heard
about the need for increased funding for transportation infrastructure and discussed the role of
marijuana regulations.
CONSENT CALENDAR
Councilman Romero moved to adopt the consent calendar; seconded by Councilman Frisch.
The consent calendar is:
Resolution #85, 2013 - Fleet Replacement of Wheel Loaders
Resolution # 83, 2013 - Utility Vehicle Purchase
Minutes of August 26, 2013
Councilman Frisch suggested the $25,000, at which contracts need Council approval, should be
increased to $50,000 or should be indexed. Steve Barwick, city manager, suggested Council
discuss this during the budget sessions.
All in favor, motion carried.
ORDINANCE #36, SERIES OF 2013 – Code Amendment – PUD/SPA
ORDINANCE #37, SERIES OF 2013 – Code Amendment - Subdivision
Jessica Garrow, community development department, told Council staff has proposed 3 code
amendments which should all be adopted together; this, Ordinance #37 and a code amendment
on development documents, which has not yet been presented to Council. Ms. Garrow pointed
out this code amendment combines PUD and SPA into one chapter and everything will be called
a planned unit development. Ms. Garrow said this changes the process so that the conceptual
review is binding; it is a 3-step rather than a 4-step process. Conceptual will be reviewed by
P&Z and Council and final will be just P&Z. Conceptual will establish dimensions and uses
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allowed in a PUD and any changes on height, floor area or the uses between Council’s
conceptual approval and final will require the application to go back to Council.
Chris Bendon, community development department, noted Ordinance #37 deals with subdivision
and is a re-write of that chapter in the code and addresses some streamlining. Bendon pointed
out currently anything that triggers subdivision needs to go through a whole subdivision review.
This code amendment designates some lesser processes for smaller projects. The code
amendment includes a new section for amending and vacating dedicated rights-of-way, which
did not exist. The amendment allows for ways to amend an existing subdivision to unwind some
previous approvals that may have unnecessary conditions.
Councilwoman Mullins asked if SPA will be deleted or integrated into PUD. Ms. Garrow said
SPA will be combined with PUD and SPA criteria added to PUDs. Councilwoman Mullins
asked about reviews to HPC and will Council see those projects. Ms. Garrow said projects in
historic districts or that are designated historic, the applicant will have the option of
consolidating with HPC’s design review. Councilwoman Mullins asked if slope reduction is
being eliminated. Ms. Garrow said this will apply across the community not just in PUDs.
Councilman Romero asked about the public outreach. Ms. Garrow said there was public
outreach before the policy resolution was addressed at Council. Staff also presented these
amendments to P&Z and to private development community. Staff has gotten feedback from the
development community and will continue this process. Councilman Daily said he finds this
thoughtful and focused and he appreciates the time and effort the staff has put into this.
Councilman Frisch agreed and said this is another way of operational excellence and efficiency
at city hall and has nothing to do with the stringent criteria one needs to meet to get approval,
and that should remain.
Mayor Skadron said the point is to conduct the debate at conceptual rather than at final review.
Mayor Skadron said he wants to make sure the appropriate degree of control over development
applications is exercised by Council. Bendon pointed out this is to insure clarity and resolution
over difficult issues is reached earlier in the process. Mayor Skadron asked where the public
participation will be in this revised process. Ms. Garrow said it will be the same, it will be at
conceptual which is the binding review, then at final, which is the detailed review. Mayor
Skadron requested staff detail the suggestions and comments of P&Z along with those of the
development community in order to see the two perspectives. Mayor Skadron said he agrees
with P&Z that minimum lot size should remain and he would like that discussed at second
reading.
Councilman Frisch moved to read Ordinance #36, Series of 2013; seconded by Councilman
Daily. All in favor, motion carried.
ORDINANCE No. 36
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE
CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
SECTIONS:
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26.440, SPECIALLY PLANNED AREA;
26.445, PLANNED UNIT DEVELOPMENT;
26.104.100, DEFINITIONS – SPECIALLY PLANNED AREA;
26.208.010, CITY COUNCIL - POWERS AND DUTIES;
26.210.020.B, COMMUNITY DEVELOPMENT DEPARTMENT – JURISDICTION,
AUTHORITY AND DUTIES;
26.212.010, PLANNING AND ZONING COMMISSION – POWERS AND DUTIES;
26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES – INITIATION OF
APPLICATION FOR DEVELOPMENT ORDER;
26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION-MAKING
BODIES – REVIEW OF PROCEDURES AND STANDARDS;
26.412.040.A, COMMERCIAL DESIGN REVIEW – REVIEW PROCEDURE, REVIEW
PROCESS;
26.470.110.A, GROWTH MANAGEMENT REVIEW PROCEDURES – GENERAL;
26.510.020, SIGNS – APPLICABILITY AND SCOPE;
26.590, TIMESHARE DEVELOPMENT; AND
26.710.230, ZONE DISTRICTS – ACADEMIC.
Councilman Romero moved to adopt Ordinance #36, Series of 2013, on first reading; seconded
by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Mullins, yes; Romero,
yes; Frisch, yes; Mayor Skadron, yes. Motion carried.
Councilman Romero moved to read Ordinance #37, Series of 2013; seconded by Councilman
Daily. All in favor, motion carried.
ORDINANCE No. _37__
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
CHAPTER 26.480 – SUBDIVISION AND SECTION 26.104.100 – DEFINTIONS, OF THE
CITY OF ASPEN LAND USE CODE.
Councilman Romero moved to adopt Ordinance #37, Series of 2013, on first reading; seconded
by Councilman Daily. Roll call vote; Councilmembers Romero, yes; Frisch, yes; Daily, yes;
Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #33, SERIES OF 2013 – 300 W. Main Subdivision Amendment
Justin Barker, community development department, told Council this is a historically designated
property with a historic cabin and an added residence. Barker said in the 1980’s the owners
wanted to convert the cabin into a restaurant and add a residence. The office zoning did not
allow a restaurant use unless it was a historic landmark property and as a conditional use. P&Z
reviewed the conditional use and there were concerns about employee mitigation. Barker told
Council the code under which this project was reviewed did not require mitigation for historic
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landmarks. During historic designation of the property, Council placed an occupancy restriction
on the residence to be accessory to the restaurant use both in the ordinance and in covenants.
Barker noted the restaurant has not been in operation for over 20 years. The applicants are
requesting the condition regarding occupancy be removed and the covenants released. Barker
pointed out there are no review criteria for this type of amendment. Barker said staff finds the
condition was a response to concerns at the time and are not valid anymore. The property is now
zoned mixed use which allows for residences or restaurants by right.
Alan Richman, representing the applicant, reiterated this property was designated as a landmark
because at the time the office zone district only allowed a restaurant as a conditional use and
only in a landmark. The owner’s objective was to turn the cabin into a restaurant and that
conversion was what triggered the conditions. The applicants wanted to build a residence at the
back so they could live on the property. Richman said at that time, principle uses were allowed
and everything else had to be accessory uses.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Councilman Romero moved to adopt Ordinance #33, Series of 2013, on second reading;
seconded by Councilwoman Mullins. Roll call vote; Councilmembers Daily, yes; Frisch, yes;
Romero, yes; Mullins, yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #27, SERIES OF 2013 - 420 E. Hyman Subdivision Review
Councilwoman Mullins was recused. Sara Adams, community development department,
reminded Council this application is for the redevelopment of 420 East Hyman, to demolish the
existing building and reconstruct a new 3-story mixed use building to include commercial, free
market residential and affordable housing uses. Ms. Adams noted at the last public hearing there
were some concerns that the project did not meet the subdivision criteria regarding compatibility
with the downtown commercial core and the approval of the mixed use project could adversely
affect land uses in the area. Ms. Adams said the issue was with the penthouse. The applicant
and the city attorney’s office collaborated on language in the ordinance requiring a covenant,
which will be recorded, and a list of acknowledgements of the commercial core zone, possible
noises and hours of operation of commercial uses. This covenant will state the owner will not
interfere with uses that are lawfully permitted in the CC zone district. The city will be party to
the covenant, which cannot be changed without city approval. Ms. Adams told Council the
applicant is requesting 5 years of vested rights instead of the state statute for 3 years. Ms. Adams
said staff does not feel the applicant has demonstrated a public benefit for longer vesting. This
application was submitted before the code changes, which is why there is a penthouse in the
application. Councilman Daily said the covenant is a worthy effort; it can only go so far.
Charles Cunniffe, representing the applicant, told Council the reason for the vesting request is
some existing leases that would go beyond the 3 years that they would prefer to keep the existing
businesses. John Martin, applicant, said he feels an important role of a property owner is to look
after one’s tenants. Martin said since the recession, tenants in Aspen have had hard times and
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Martin’s tenants have told him this is the first summer business is back to normal and he would
like to allow them time to build up their businesses.
Mayor Skadron said he does not support allowing extension of vested rights; this raises question
of intent of the developer and the possibility of selling the property after approval. Martin told
Council he keeps his projects as a long term owner. Martin told Council the bakery owners have
a two-year lease and have worked very hard to make their business successful and he would like
to be able to give them a longer lease.
Mayor Skadron opened the public hearing. There were no comments. Mayor Skadron closed
the public hearing.
Mayor Skadron said the issues are the development and the impact it has on the area and the
vested rights request. Councilman Frisch stated he supports liveliness downtown and free
market residences downtown and economically it helps the town. Councilman Daily said he
liked the applicant’s attitude toward agreeing to this covenant. Councilman Daily noted it is up
to Council to work on the noise issue in the commercial core. Councilman Romero pointed out
the resort operations covenants at locations like Aspen Highlands or Snowmass, which is similar
to the “no complaint”, the signor acknowledges they are buying in locations with noise and
smells and activity. Councilman Romero said he feels the covenant is appropriate and hopes it
goes towards mitigating conflicts. Councilman Romero said he would prefer to stay with 3 year
vesting.
Council Frisch stated he supports staying with 3 years vested rights. If there are issues with the
tenants at this particular building, the applicant can come back and request an extension of vested
rights. Mayor Skadron stated the covenant does not guarantee the requisite compatibility
between the uses in the building and land uses in the area nor is he persuaded that this ordinance
guarantees that there will not be conflict that adversely affects the vitality of the downtown.
Mayor Skadron said this application is under the previous code and has to meet the subdivision
standards. Mayor Skadron said this application does not meet the standard of consistency of
character of the existing land uses in the area and adversely affecting future development in
surrounding areas. Mayor Skadron stated there is evidence that mixed uses do not work.
Councilman Daily asked if there is further review on this project. Ms. Adams said the design
review goes to HPC. Councilman Daily said he has a concern about the appearance of the
proposed building and its consistency and compatibility with the rest of the block. This design is
a different look and stands out; the other buildings have separating features. Councilman Daily
said he would like the building made more compatible in the block. Cunniffe noted the building
is intended to be different yet still be compatible. The building does have divisions, the same
rhythm of the other buildings but lighter and more delicate. Cunniffe told Council more than
half the buildings on this block have living units in them. This building is lower than some
buildings around it. The project is replacing existing uses; it has 3 free market residences
currently which will be turned into one. The project is replacing the other two free markets with
3 affordable housing units, which is an improvement over what currently exists on this site.
Cunniffe agreed that people living in town is essential to the vitality of Aspen.
Ms. Adams said if this project is approved, it goes to HPC for final review. HPC looks at
materials, windows, solid to void ratio and architectural details. The ordinance has a section that
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requires Council to see the project for possible call up after final review by HPC. In the call up,
Council can uphold HPC’s decision or remand their decision to HPC with direction. Mayor
Skadron reiterated this is the commercial core, which is an important part of the commercial
economy, including entertainment, and allowable commercial uses in the vicinity of this
application and an exclusive penthouse in a mixed use building is not compatible with the
neighborhood. Mayor Skadron said the residential component would, by its nature, limit future
uses of the first floor and basement.
Councilman Romero moved to adopt Ordinance #27, Series of 2013, on second reading;
seconded by Councilman Daily. Roll call vote; Councilmembers Frisch, yes; Daily, yes;
Romero, yes; Mayor Skadron, no. Motion carried.
ORDINANCE #34, SERIES OF 2013 – 700 Ute Avenue Aspen Alps PUD/Subdivision
Councilman Daily was recused. Jessica Garrow, community development department, said this
request is for a PUD, rezoning and subdivision review; no new development is proposed. The
applicant is requesting that the existing conditions are permitted through a PUD. There are non-
conformities with all of the buildings at the Aspen Alps. There are 8 parcels at the Alps; 6 are
developed and 2 are vacant, and there is a total of 8 buildings. The property is zoned lodge and
portions of the property have a PUD overlay. Ms. Garrow told Council the Aspen Alps is the
first condominium complex in Colorado; the legal descriptions are based off old maps. The Alps
has never gone through a formal subdivision process. The buildings were developed between
1962 and 1973; the Winter building was built in 2002 and established a partial PUD. There are
73 free market residential units which are in the short term rental pool. The applicant is
requesting to memorialize the existing development with one PUD. The buildings were
constructed in compliance with zoning at the time and over time, the buildings no longer comply
and are non-conforming.
Ms. Garrow pointed out when the PUD was adopted for the Winter building, it was intended to
be for the entire property; however, because the way the ordinance was written, it did not
happen. This ordinance is to rezone the entire property with a PUD overlay and retain the
underlying lodge zoning. Ms. Garrow said the application meets all applicable review criteria
for rezoning and subdivision. Ms. Garrow told Council the city gains some benefits through a
PUD designation. It establishes a baseline for all dimensional data for the units and buildings.
For Alps owners, it will be easier to go through upgrades and remodels. The application will
ensure utility lines are located within recorded easements. The application supports the city’s
general goals of maintaining the existing lodging base by allowing the buildings to go through
normal maintenance and upgrades without going through the non-conforming review process.
Ms. Garrow said all Alps buildings have at least one non-conforming aspect, one of which is unit
size. One cannot go through redevelopment or extensive update with a non-conforming unit.
Ms. Garrow said replacing roofs or sidings at the Alps would require going through a special
review land use process. If this PUD were approved, one could get a building permit to replace
what exist now.
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Councilman Frisch noted the Alps is one of the city’s most important lodging locations and the
current demand for lodge units does not match what was built in the 1960’s and 1970’s.
Councilwoman Mullins said she reviewed P&Z’s comments; however, she feels it is a mistake
for projects to wait for Council’s decision on changes to the lodging program. Councilman
Romero agreed.
John Corcoran, manager Aspen Alps, said the Alps is a visible legacy property in Aspen started
in 1962. The Alps has started long range planning and a PUD would give the Alps owners
predictability to move forward. Corcoran noted some of the Alps buildings were built over 50
years ago; standards of rental and ownership units have increased and the aging infrastructure
makes things more difficult. Corcoran told Council the Alps board began discussions about
long range planning 3 years ago, looking at what the Alps should look like in 5 or 10 years. A
long range planning committee was formed with owners from every building. Corcoran pointed
out long range discussions touch on people’s financial and emotion boundaries and the
conversations can be difficult.
Corcoran outlined in the 18 months, 6 letters have been sent to owners about the long range
planning efforts and owners have attended Board meetings and long range planning committee
meetings. At the annual meeting in July, the long range planning committee made a presentation
outlining the cost of repair and maintenance and potential alternatives. Corcoran told Council at
the most recent Board election, the entire Board except 1 was re-elected. Corcoran said the
record has letters of support from homeowners. Corcoran stated a PUD overlay would give the
homeowners more regulatory certainty.
Sunny Vann, representing the applicants, reiterated all of the Alps buildings are non-conforming
with respect to one or more dimensional requirements of the lodge zone. All of the buildings
contain more dwelling units than are allowed under lodge zoning and are considered non-
conforming structures. Vann noted there have been zoning changes in the last 50 years including
when the city disincentivized multi-family units in the lodge zone district by substantially
reducing dimensional requirements for those types of units. Vann pointed out under current
dimensions in the lodge zone, the Alps could not be built today.
Vann reminded Council one can replace a non-conforming structure if it is unwillfully destroyed
to what was existing. If a non-conforming structure is willfully destroyed, the replacement
structure has to comply with underlying zoning or the owner has to go to P&Z for special review.
Vann said any plans for remodeling at the Alps would require special review approval at P&Z to
build the buildings back with the same height, density, floor area and parking. Vann told
Council the special review and non-conforming regulations are not well suited to addressing
properties with extensive non-conformities. The regulations state no existing non-conformities
can be increased and non-conforming structure can be moved unless brought into compliance.
Vann noted P&Z’s approval is discretionary and the criteria result in a building similar to what is
there.
Vann said the applicants feel the proposed PUD overlay is the best vehicle to facilitate retention
and upgrade of the buildings. The PUD will memorialize the existing buildings and their
dimensional requirements and effectively eliminate the non-conformities and the assurance that
the buildings can be replaced with the existing non-conformities. Vann stated the benefit to the
city is the likelihood of retaining a valuable community asset and an appropriate review process
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for any proposed enhancements. Vann said approving this will retain the city’s review over any
development proposal from the Aspen Alps.
DeFrancia told Council modest improvements to windows or doors or railing could be affected
with the existing conditions. Any more substantial improvements would not be allowed as
expanding a non-conforming use. DeFrancia said this approval will formally subdivide the
property and the city can address the property as a whole as opposed to building by building.
DeFrancia noted this application supports the city’s goals of trying to address aging inventory
and the owner’s efforts in dealing with an aging inventory.
Councilman Romero asked if there are any plans for the vacant land that is part of the Aspen
Alps. Vann said the vacant land is encumbered with restrictions that were part of the prior
approvals and most of the vacant land is slopes. DeFrancia told Council there are no plans for
the property; the Alps thought this had to be completed first. Councilman Frisch said he is
supportive of a simple path forward for the Alps and there would be review any development
application when it is in front of Council. Mayor Skadron asked the possibility of the applicants
asking for a different or larger footprint than exists. Vann said under current regulations, the
non-conformity cannot be expanded, it can be maintained. If this ordinance were to be approved,
the applicants could not change the building without a PUD amendment approval. Mayor
Skadron asked if this ordinance is approved, what benefits would the Alps owners gain. Vann
said there would be no entitlements, the owners have what is there today, which they could
replace with special review. Approving this ordinance removes an impediment from upgrading
the existing buildings.
Moses Levowitz, Alps Board, told Council the board has been working hard to gain consensus
from the owners. Levowitz pointed out CIOWA requires a 2/3 majority. Levowitz reiterated
that all board members except one were re-elected and the board members are elected from their
respective buildings. Levowitz stated one of the Board’s responsibilities is to preserve and
enhance the assets at the Alps. Mayor Skadron asked if this might not create an undue burden on
some of the homeowners. DeFrancia reiterated any actions of the Board have to comply with
CIOWA, independent of this approval. Levowitz said all homeowners will have to participate in
appropriate repairs to any structure that needs attention. Ms. Garrow said establishing this PUD
would create a baseline of where to start in any application. Any application would go through a
lengthy review process.
Mayor Skadron opened the public hearing.
Connie Harvey, Alps owner, said the board has spent $600,000 of capital reserve funds creating
the land use application. Ms. Harvey said she feels the easements can be fixed without this
ordinance. The buildings are not in dire shape nor are they falling down. Ms. Harvey pointed
out P&Z did not think it was necessary to approve this application. Ms. Harvey said the
communications with the board have not been extensive.
Debbie Quinn, assistant city attorney, pointed out staff presented the issues Council needs to
address associated with the PUD approval and issues among homeowners and their board are not
within the purview of the standards Council needs to apply. DeFrancia pointed out no capital
reserves were used for this application. Michael Marek, 100 building agreed this is a
complicated and difficult issue for all the homeowners. The general homeowners meeting was 6
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hours long, it was contentious and there was disagreement. Marek said the major issue is the
undercurrent of demolishing and rebuilding the project. This approval would grease the wheels
for redevelopment. There are major concerns about costs and displacement. Sue Gaines, 800
building, said she does not want to see her home destroyed and rebuilt. The PUD is the first step
in a rebuilding process. Ms. Gaines said she does not want the Alps to turn into a hotel. Ms.
Gaines stated this application has caused alarm among the owners; there may be a loss of
income. There will be a loss of bed space for the city during reconstruction.
Mayor Skadron closed the public hearing.
DeFrancia agreed the Aspen is not falling down; it is, however, over 50 years old. This is long
range planning and establishes a PUD for the Alps. There are no other plans. Ms. Garrow said
no matter the outcome, any activity will require a land use process and review. The PUD
enables staff to understand what is there and what could happen on the site. The PUD does not
propose any development; any new development will require a land use review process.
Councilman Romero said he like the idea of a pathway to make code enhancements or
improvements and this is a good idea and is aligned with the city’s lodge incentives.
Councilwoman Mullins said she sees this as a needed simplification and predictability of the
process and a tool for long range planning, a step toward more consistency. Councilwoman
Mullins noted there is anxiety from some homeowners on the future; however, any change would
still be reviewed thoroughly by the city.
Councilman Frisch said this would give increase in ability for Council and for the community
and the homeowners to examine any plans. Councilman Frisch noted the rights of the minority
will not be made any worse by cleaning up the technical aspect of the city’s land use code.
Councilman Frisch stated he is supportive of this application. Mayor Skadron asked if the P&Z
weighed this application against the criteria in the land use code. Ms. Garrow said the findings
in the resolution are based on the applicable review criteria. Ms. Quinn told Council the P&Z
applied specific criteria and one has to look at the record as a whole. Bendon said if staff felt the
review by P&Z was invalid, this would be a different conversation.
Councilman Frisch moved to adopt Ordinance #34, Series of 2013, on second reading; seconded
by Councilman Romero. Roll call vote; Councilmembers Mullins, yes; Frisch, yes; Romero,
yes; Mayor Skadron, yes. Motion carried.
ORDINANCE #23, SERIES OF 2013 – S. Aspen Street PUD
Chris Bendon, community development director, reminded Council over the past 10 years there
have been several efforts to develop a lodge on this site. There is an approved townhouse
development for this site. At the last review, Council requested the applicant restudy the site
plan to better orient the buildings to south Aspen street and the programming to look at
increasing the number of affordable units on site; the original approval housed 46 FTEs on site
and this proposal has 42 FTEs on site. The applicant would like to know if this proposal is
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heading in a direction Council might approve before doing any more detailed plans and getting
referral comments.
David Parker, representing the applicants, reminded Council the applicants felt the originally
approved plan did not respond to changes in the neighborhood that had significant impacts on
this project. Parker showed a slide of the site as it exists now and the South Aspen street right-
of-way; a slide of the 2004 approval and the South Aspen street right-of-way; a slide showing the
Lift One project, which moves 37 feet into the right-of-way towards this project. The applicant
felt that approval was a significant impact on the neighborhood and their project, there were big
retaining walls, and the parking on the street is eliminated. Parker showed a slide of the
proposed redesign which moved the buildings off the street, added a turn off for emergency and
delivery vehicles, added green space, changed the drainage and grading. Council’s comments
about this proposal were that the plan was not oriented rectilinearly and did not respect the street
grid, 3 curb cuts was too many, they wanted more density and more affordable housing.
Parker showed the most recent iteration of the plan, eliminating the loop drive, going back to one
curb cut, pushing the upper units towards the street, making the buildings more parallel to the
street, and increasing the density by adding two affordable housing buildings. Parker presented a
slide showing the 3 affordable housing buildings. Parker told Council the 2004 plan had 17
affordable housing units on site, housing 46 FTEs. The 2011 plan had 10 affordable housing
units on site, housing 18 FTEs with off-site housing for 28 FTEs. This revised plan proposes 22
units on site housing 42 FTEs with off-site housing for 4 FTEs.
Bendon said staff feels this is heading in the right direction and favors bringing more density to
the site. This proposal has a better relationship to South Aspen street. Bendon said if Council
agrees this is going the right direction, the applicant should provide some additional scale
drawings with more detail, a better understanding of the topography and grading of the site and
how this compares to the former project, calculations for floor area, net livable and height and a
height map, a better understanding of the boundary with the Juan street affordable housing, the
livability with the affordable housing units. Bendon noted there are some options in the proposal
for the affordable housing. In the past, affordable housing units entirely below grade have not
been acceptable. The discussion about livability of the affordable housing could lead to a
reduction in the number of housing units. Council should discuss how the affordable housing
units integrate into the neighborhood. Bendon said the proposed plan with answers to the above
questions should be sent to the referral agencies, especially housing, engineering and the fire
departments.
Councilwoman Mullins said this proposal addresses most of her concerns, reorienting the
buildings to address the street, fewer curb cuts, the open space looks more usable and a better
sequence. Councilwoman Mullins said she would like to discuss the quality of the affordable
housing and favors eliminating the garden level and decreasing the number of units from 22 to
19. Councilwoman Mullins said the drive appears to be predominant which might be soften in
more design details.
Councilman Frisch said he favored moving affordable housing off site rather than cramming a lot
of units on this site. Councilman Frisch said he likes the reduced number of curb cuts and the
reorientation to the streets. Councilman Frisch said he would like to increase the livability of the
affordable housing. Councilman Daily said he does not have enough information to assess the
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13
livability of the affordable housing units, the features and what it will be like to live there.
Councilman Daily stated he prefers most of the affordable housing on site. Councilman Daily
said he would like drawings or something to give a better feel of how the project will seem when
walking by or in it. Councilman Daily said the architecture seems a little boxy, which may
change with more detail. Councilman Daily said there is improvement in this presentation and
he feels it is going the right way. Councilman Daily reiterated he favors more employees on site
but not at the expense of livability.
Councilman Romero stated he likes that this is more respectful of the grid and eliminates some
curb cuts. Councilman Romero said he does not favor density for density sake, there are
alternatives for the affordable housing. Councilman Romero stated he could support some more
affordable housing on site but not going above height limits or negative impacts to the area.
Mayor Skadron said he appreciates the added employee units, the fewer curb cuts, and the
relationship to the grid. Mayor Skadron stated more affordable housing on site is better for the
community and for this project. Affordable housing creates vitality which equates to
community. The only vibrancy of this project will be the affordable housing units and this site
should have a degree of liveliness. Mayor Skadron said he would support lessening the impact
of the Juan street housing
Mayor Skadron opened the public hearing.
Tony Imhoff, Lift One condominiums, told Council he and his condominium owners have been
participating in this process and working with applicant who has been respectful of the
community. Imhoff said regarding livability, it is better to have the affordable housing units off
site and they would support the lesser density on site. Derek Johnson, Juan Street housing, noted
the approved plan has the affordable housing 2.5” off the decks of Juan street, which 22 has
residences including 10 children. Johnson stated that plan would greatly affect their quality of
life. Johnson said both COWOPs and the interim plan recognized there should be some green
space between Juan street and the new development. Johnson urged Council to approve
something that will work for Juan street and the developers.
Mayor Skadron closed the public hearing.
Bendon suggested the applicants submit additional and more detailed information so that staff
and the referral agencies can come back with a recommendation and an ordinance for Council to
adopt or not. Councilman Frisch said he can approve most of the options; however, he would
rather see the housing off-site rather than crammed on site. This will not stop him from
approving a project. Councilman Frisch said all of Council agrees on fewer curb cuts, better
relationship with the grid, wants more information on the topography. Some number of housing
units can be agreed upon.
Council agreed there is flexibility with the number of affordable housing on site, somewhere
between 17 and 22 on site and that they would like to see as much space between this project and
Juan street. Councilwoman Mullins said the affordable housing will add vitality to the site.
Councilwoman Mullins said she would prefer the garden level units be eliminated and could
support fewer than 22 on site to accomplish that. Bendon said information on space between this
project and Juan street should include the character of that space and suggested it might be a
usable space for both projects.
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Regular Meeting Aspen City Council September 9, 2013
14
Councilman Daily moved to continue Ordinance #23, Series of 2013, to October 28, 2013;
seconded by Councilman Frisch. All in favor, motion carried.
Councilman Romero moved to go into executive session at 10:15 p.m. pursuant to C.R.S. 24-6-
402(4)(e) Determining positions relative to matters that may be subject to negotiations;
developing strategy for negotiations; and instructing negotiators; seconded by Councilwoman
Mullins. All in favor, motion carried.
Councilman Daily moved to come out of executive session at 10:40 p.m.; seconded by
Councilwoman Mullins. All in favor, motion carried.
Councilman Romero moved to adjourn at 10:40 p.m.; seconded by Councilwoman Mullins. All
in favor, motion carried.
Kathryn Koch
City Clerk
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Marijuana Code Amendment, 1st Reading
Page 1 of 1
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director
RE: Recreational Marijuana – Land Use Code Amendments
Ordinance No. 39, Series of 2013, 1st Reading
DATE: September 23, 2013
SUMMARY:
The proposed ordinance updates the City’s Land Use Code to include definitions and zoning
allowances for Marijuana sales. It also adds or modifies definitions of related terms.
The proposal is in response to City Council direction during the September 16th work session. Staff
believes the proposal will meet the expectations of local marijuana businesses. Staff will conduct
additional outreach to local marijuana dispensaries prior to second reading and will solicit
comments from the Planning and Zoning Commission.
Second reading is scheduled for October 15th.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
BACKGROUND & OVERVIEW:
City Council recently held a work session to discuss the State’s new law regarding recreational
marijuana. The Council provided direction to staff to amend certain provisions of the City’s
zoning code to permit sales of medicinal and recreational marijuana and to permit cultivation,
manufacturing, and testing faculties.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached Ordinance upon first reading. Second reading is
scheduled for October 15th.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
“I move to approve Ordinance No. 39_, Series of 2013, amending the City’s Subdivision
regulations, on first reading.”
CITY MANAGER COMMENTS:_____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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Ordinance No. 39, Series 2013,
Page 1
ORDINANCE No. 39
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
TITLE 26, THE LAND USE CODE, REGARDING RECREATIONAL MARIJUANA.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use
Code, the City Council of the City of Aspen directed the Community Development Department to
prepare code amendments related to recreational marijuana; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach, including outreach directly to professionals within the
medical and recreational marijuana industry and holding a public work session with the City
Council; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code as described herein; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds
that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Chapter 26.104.100 of the City of Aspen Land Use Code, which section defines terms
used within the Land Use Code, shall be amended by adding the following terms and definitions:
Liquor Store. A commercial establishment engaged in the retail sale of alcoholic beverages,
with no on-site consumption, and subject to local licensing allowances and restrictions.
Pharmacy. A commercial establishment engaged in the retail sale of prescription drugs, with
no on-site consumption, and subject to State licensing allowances and restrictions.
Recreational Marijuana Store. A commercial establishment engaged in the retail sale of
marijuana, with no on-site consumption, and subject to local licensing allowances and
restrictions. A Recreational Marijuana Store may include Cultivation, Product Manufacturing,
or Testing Facilities.
Medical Marijuana Center. A commercial establishment engaged in the retail sale of
prescription marijuana, with no on-site consumption, and subject to local licensing allowances
and restrictions. A Medical Marijuana Center may include Cultivation, Product Manufacturing,
or Testing Facilities.
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Ordinance No. 39, Series 2013,
Page 2
Marijuana Cultivation Facility. A commercial establishment engaged in the growing and
production of medical or recreational marijuana for wholesale distribution, with no on-site
consumption or retail sales.
Marijuana Product Manufacturing Facility. A commercial establishment engaged in the
preparation or adaptation of marijuana into medical or recreational marijuana-related products
for wholesale distribution, with no on-site consumption or retail sales.
Marijuana Testing Facility. A commercial establishment engaged in the technical evaluation
of medical or recreational marijuana or marijuana-related products for quality, potency, or other
metrics or measurable effects.
Section 2: Chapter 26.104.100 of the City of Aspen Land Use Code, which section defines terms
used within the Land Use Code, shall be amended by changing the following terms and definitions
to read as follows:
Agricultural uses. The use of land and buildings for the production of crops, animals, animal
products and the keeping of livestock including riding stables, arenas, orchards, nurseries,
flower production, dairy operations, fisheries, animal husbandry services or similar uses.
Agricultural uses shall not receive the general public or support a membership or academic club.
Uses incidental to a residence (such as a backyard garden) shall not constitute Agricultural uses
unless intended to support wholesale or retail sales. Cultivation, Manufacturing, and Testing of
Medical or Recreational Marijuana shall not be considered Agricultural uses.
Retail and Restaurant Uses. Commercial establishments engaged in the selling or renting of
consumer goods and merchandise and the preparation and serving of food and drink to the
general public. The sale or rental of products manufactured or enhanced on-premises and the
rendering of services incidental to the sale or rental of such products shall be permitted. Retail
and restaurant uses shall include restaurant, nightclub and bar, food market, neighborhood café,
movie theater and the sale or rental of motorcycles, motor-driven cycles and motorized bicycles
as defined by Section 42-1-102, C.R.S., non-motorized vehicles such as bicycles, clothing,
sporting equipment, jewelry, books, videos, prescription drugs, liquor, medical marijuana
center, recreational marijuana store, hardware, furniture, art and similar uses and activities.
Retail and restaurant uses shall not include office uses or service uses.
Service uses. Commercial establishments engaged in providing personal or financial services to
the general public including banking, dry cleaning, laundromat, tailoring, mortuary, post office
branch, shipping and receiving services, personal or sporting equipment storage lockers, barber
and beauty shop, tattoo parlor, pharmacy, medical marijuana center, instructional or performing
arts studio with no public performances, health and fitness facility, spa, and similar activities.
Retail sales of products related to the primary service use are permitted.
Section 3: Section 26.710.160.B.2 of the City of Aspen Land Use Code, which section identifies
land uses permitted in the Service Commercial Industrial zone district which may contain up to 25%
of the floor space as retail, shall be amended to include the following uses:
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Ordinance No. 39, Series 2013,
Page 3
Marijuana Cultivation Facility, which may include medical or recreational marijuana sales.
Marijuana Product Manufacturing Facility, which may include medical or recreational
marijuana sales.
Marijuana Testing Facility, which may include medical or recreational marijuana sales.
Section 2: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3: Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and shall not affect the validity of the remaining portions thereof.
Section 4: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become
effective thirty (30) days following final passage.
Section 5: Notice of Public Hearing.
A public hearing on this ordinance shall be held on the 15th day of October, 2013, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 S.
Galena St., Aspen, Colorado, a minimum of fifteen days prior to the hearing a public notice of the same
was published in a newspaper of general circulation within the City of Aspen.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of
September, 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
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VII.a
MemorandumMemorandumMemorandumMemorandum
TO: Mayor and Members of Council
FROM: Deborah Quinn, Assistant City Attorney
DATE: September 17, 2013
RE: Marijuana Licensing
══════════════════════════════════════════════════════════════════
COUNCIL REQUEST:
The attached Ordinance 38, amending the Municipal Code to add a section concerning marijuana
licensing, is before Council to be approved on first reading.
DISCUSSION: Proposed Ordinance 38 follows direction of council from the marijuana work
session held on September 16, 2013. In addition to adding a new Chapter 5.16 to the Municipal
Code, it makes certain amendments to existing portions of Title 5, currently titled Alcoholic
Beverages. A redline version of all the changes is attached. Existing portions of the code dealing
with liquor licensing are being updated to eliminate inconsistencies with the home rule charter, to
change the name of the licensing authority, and other general housekeeping matters.
On the new Marijuana Code, the format is set up similar to the existing Chapter 5.04 for alcoholic
beverages. The Code adopts by reference all the state laws and regulations relating to marijuana,
just as the existing licensing for alcohol has adopted state laws and regulations.
The operating fees ($2000 per license) are based on an average combined license fee (set by the
state) and occupation tax for the city’s various liquor licenses. The rationale for including the
occupational tax is that the declaration of purpose in Sec. 5.12.010 for the occupational tax on
alcohol-related businesses recognizes City expenditures required in relation to those businesses.
Similar expenditures and costs will be required in regulating marijuana businesses. The estimated
$2000 per license is a recognition that the costs will be similar to those that form the justification for
the occupational tax. The fees will be revisited next budget session, after we have some experience
in administering the marijuana licensing program.
The transition discussion from the work session is included as section 5.16.180 and
contemplates a one year transition before opening retail licensing to any applicant.
ACTION REQUESTED: Approve first reading of Ordinance No. 38, Series of 2013.
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VII.b
CITY MANAGER’S COMMENTS: _________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
______________________________________________________________________________
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1
ORDINANCE NO.38
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 5 OF THE ASPEN MUNICIPAL CODE BY ADDING A NEW
CHAPTER CONCERNING THE LICENSING OF RETAIL AND MEDICAL MARIJUANA
ESTABLISHMENTS AND AMENDING OTHER SECTIONS
WHEREAS, the City Council hereby finds, determines, and declares that it has the
power to adopt a new chapter of its municipal code concerning the licensing of marijuana
establishments pursuant to the Colorado Medical Marijuana Code, Article 43.3 of Title 12,
C.R.S., Sections 12 and 16 of Article XVIII to the Colorado Constitution, the Colorado Retail
Marijuana Code, Article 43.4 of Title 12, C.R.S., state regulations for retail and medical
marijuana, the Local Government Land Use Control Enabling Act, Part 1 of Article 20 of Title
29, C.R.S., Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers),
Section 31-15-103, C.R.S. (concerning municipal police powers), Section 31-15-401, C.R.S.
(concerning municipal police powers),Section 31-15-501, C.R.S. (concerning municipal
authority to regulate businesses), the authority granted to home rule municipalities by Article XX
of the Colorado Constitution; and the powers contained in the City of Aspen Home Rule Charter;
and
WHEREAS, Amendment 64 was adopted by over 55% of the statewide voting
electorate in Colorado on November 6, 2012; in Pitkin County, which includes the City of
Aspen, 75.44% of the voting electorate voted for its adoption; and
WHEREAS, Amendment 64, codified in section 16 of article XVIII of the
Colorado Constitution, permits adults over the age of twenty-one to use, possess, and
cultivate limited amounts of marijuana pursuant to the restrictions therein and permits the state
and local governments to license and regulate Retail Marijuana Establishments to grow, sell,
produce, and test marijuana and marijuana products for consumers; and
WHEREAS, in 2013 the Colorado General Assembly enacted the Colorado Retail
Marijuana Code, codified in article 43.4 of title 12, C.R.S., to further license and regulate
Retail Marijuana Establishments; and has also enacted and amended from time to time the
Colorado Medical Marijuana Code, codified in article 43.3 of title 12, C.R.S.; and
WHEREAS, the Colorado Department of Revenue adopted permanent retail marijuana
regulations and amended permanent medical marijuana regulations on September 9, 2013; and
WHEREAS, the Colorado Retail Marijuana Code allows existing medical marijuana
licensees to apply for a Retail Marijuana Establishment license until July 1, 2014, after which
it shall consider applications from others for a Retail Marijuana Establishment licenses and
shall begin issuing licenses to others on and after October 14, 2014; and
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2
WHEREAS, after January 1, 2014, the Colorado Retail Marijuana Code permits retail
marijuana establishments to operate under a State license only with approval by the local
authority and the Colorado Medical Marijuana Code, permits a medical marijuana
establishment to renew its license or obtain a lice nse only with approval by the local
authority; and
WHEREAS, Amendment 64 allows localities to prohibit or permit and regulate
Retail Marijuana Establishments in their jurisdiction, but does not permit localities to
recriminalize the limited adult possession, use and cultivation of marijuana; and
WHEREAS, in the interest of public safety the City desires all marijuana
establishments within the City to be operated by licensed, regulated commercial
operators in areas of the City which are zoned or may be zoned for these types of businesses;
and
WHEREAS, in the interest of the health, safety and welfare of the City and its
inhabitants, the City desires to provide for the regulation and licensing of marijuana use,
distribution, testing, growing and manufacturing authorized by the Colorado Constitution; and
WHEREAS, the City desires to amend other provisions of Title 5 of its Municipal Code
to reflect a change of name for the Liquor Licensing Authority in connection with its
additional responsibilities concerning marijuana licensing, to update references to state liquor
laws, and to eliminate inconsistencies with the Aspen Home Rule Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1. Title 5 of the Aspen Municipal Code is changed from ”Alcoholic Beverages” to
“Marijuana and Alcoholic Beverages.”
Section 2. The Table of Contents for Title 5 is changed to add all the new sections in Chapter
5.16, Medical and Retail Marijuana Licensing.
Section 3. Sections 5.04.020 and 5.04.030 are amended to delete “ adopted under the
authorization granted by the provisions of Section 12-47-105, C.R.S.,” and substituting
“promulgated thereunder.”
Section 4. All references to the “Liquor Licensing Authority “ in Title 5 are changed to the
“Local Licensing Authority” and all references to the Aspen/Pitkin Environmental Health
Department are changed to the Environmental Health Department.
Section 5. Section 5.04.040(a)(i) is amended to delete the sentence referencing a two year
residency requirement and substituting the following: “Members of the Authority shall be
qualified electors and residents of the City for at least one (1) year prior to appointment.”
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Section 6. Section 5.04.040(a)(iii) is deleted and replaced with:
There shall be no limit on the number of terms for any member. No person shall serve
or continue to serve as a member of the Authority if that person or any member of his
immediate family shall or may hereafter obtain any financial interest in the operation
of any business issued a license relating to the sale or dispensation of fermented malt
beverages or alcoholic beverages pursuant to Articles 46 or 47 of Title 12, C.R.S., as
amended or in the operation of any business issued a license pursuant to Articles 43.3 or
43.4. of Title 12, C.R.S.
Section 7. Section 5.04.040(b)(vi) is amended to read:
The Authority shall have the power to perform all other acts or duties required to carry
out the purposes of the state and City liquor and fermented malt beverage and marijuana
licensing laws.
Section 8. Section 5.04.040(c)(iii) is deleted.
Section 9. Section 5.04.040(g) is amended to read as follows:
Optional procedures for the payment of fine in lieu of having license suspended.
(i)(a) Whenever a decision of the Authority suspending a license for fourteen (14) days
or less becomes final, whether by failure of the licensee to appeal the decision or by
exhaustion of all appeals and judicial review, the licensee may, before the operative date of
the suspension, petition for permission to pay a fine in lieu of having his license suspended
for all or part of the suspension period. Upon the receipt of the petition, the Authority may,
in its sole discretion, stay the proposed suspension and cause any investigation to be
made which it deems desirable and may, in its sole discretion, grant the petition if it is
satisfied:
(I) That the public welfare and morals would not be impaired by
permitting the licensee to operate during the period set for the suspension and that
the payment of the fine will achieve the desired disciplinary purposes;
(II) That the books and records of the licensee are kept in such a manner that
the loss of sales which the licensee would have suffered had the suspension gone
into effect can be determined with reasonable accuracy therefor; and
(III) That the licensee has not had his license suspended or revoked, by the
Authority or by the State, nor had any suspension stayed by payment of a fine,
during the two (2) years immediately preceding the date of the motion or
complaint which has resulted in a final decision to suspend the license.
(b) The fine accepted shall be the equivalent to twenty (20) percent of the licensee's
estimated gross revenues from sales of alcoholic beverages during the period of the
proposed suspension; except that the fine shall not be less than two hundred dollars
($200.00) nor more than five thousand dollars ($5,000.00).
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(c) Payment of any fine pursuant to the provision of this Subsection (i) shall be
in the form of cash or in the form of a certified check or cashier's check made
payable to the City of Aspen.
Section 10. The following references to C.R.S. or state regulations in sections 5.04.060,
5.04.090, 5.04.100 and 5.04.110(c), respectively, are changed as indicated:
12-46-106.5 and 12-46-107.5 changed to “the Colorado Beer Code and Colorado
Liquor Code”
12-47-135 changed to 12-47-309 and
12-46-117 changed to 12-46-107
12-47 106(b..5) changed to 12-47-303
Regulation 47-106.2A to 47-302
Section 11. The addition of a new chapter as follows:
Chapter 5.16
Marijuana Licensing
Sec. 5.16.010 Short Title.
This Chapter is to be known and may be cited as the “City of Aspen Marijuana Code.”
Sec. 5.16.020. Declaration of policy and purpose.
The City Council hereby declares that the purpose of this Chapter is to exercise the
authority of the City of Aspen to allow state-licen sed medical marijuana
establishments and retail marijuana establishments to exist in the City of Aspen
in accordance with applicable state laws and regula tions and in accordance with
the local licensing requirements and other restrict ions set forth herein. The City
Council intends that the City issue local licenses as authorized by the Colorado
Constitution, state law and regulations and that the City's licensing requirements be
consistent with those for state licenses under state law and regulations, except those
requirements that are left to local discretion or are otherwise of local concern, as set forth in this
Chapter.
Sec. 5.16.030. Colorado Medical Marijuana Code and Retail Marijuana Code and
regulations adopted.
Except where the provisions of this Chapter are inconsistent with or differ from the laws, rules,
and regulations adopted by reference in this section, the provisions of the Colorado
Medical Marijuana Code, Article 43.3, Title 12, C.R.S., as amended, and the Colorado
Retail Marijuana Code, Article 43.4, Title 12, C.R.S. and the provisions of Colorado
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Rules and Regulations adopted under the authorization granted by those provisions are adopted
and made a part of this Code as if set out in full. At least one (1) copy of the Colorado Medical
Marijuana Code, the Colorado Retail Marijuana Code and all rules and regulations promulgated
pursuant thereto shall be kept on file in the office of the City Clerk and shall be available for
inspection during regular business hours.
Sec. 5.16.040. Definitions.
Except where specifically defined in this Section, the definitions contained in the state
constitution, the Medical Marijuana Code, the Retail Marijuana Code, and the rules and
regulations promulgated thereunder shall apply to this Chapter. In addition, the following
definitions shall apply:
a) Retail Marijuana Code shall mean article 43.4 of title 12, C.R.S., and any rules or
regulations promulgated thereunder, as amended.
b) Medical Marijuana Code shall mean article 43.3 of title 12, C.R.S. and any rules or
regulations promulgated thereunder, as amended.
c) Licensed Premises means the premises specified in an application for a license
pursuant to this article and either the Medical Mar ijuana Code or the Retail
Marijuana Code, which are owned or in lawful possession of the Licensee and within
which the Licensee is authorized to cultivate, manufacture, distribute, sell, or test retail
marijuana in accordance with the provisions of this article, section 16 of article
XVIII of the Colorado Constitution, and the Colorado Retail Marijuana Code.
d) Licensee means a person licensed or registered pursuant to the Colorado Retail
Marijuana Code or the Colorado Medical Marijuana Code and this Chapter.
e) Medical Marijuana Establishment includes a medical marijuana center, a medical
marijuana-infused product manufacturer, or an optional premises cultivation operation.
f) Open and public means a place open to the general public, which includes a place to
which the public or a substantial number of the public has access without restriction,
including but not limited to highways, streets and sidewalks, transportation facilities,
places of amusement, parks, playgrounds, and the common areas of public buildings
and facilities that are generally open or accessible to members of the public without
restriction.
g) Openly means not protected from unaided observation lawfully made from outside its
perimeter not involving physical intrusion.
h) Publicly means an area that is open to general access without restriction.
i) Retail Marijuana Establishment includes retail marijuana store, retail marijuana
cultivation facility, retail marijuana product manufacturing facility, and retail marijuana
testing facility.
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j) Operating fees means fees that must be paid by a licensee for the costs as authorized in
section 16(5)(f) of article XVIII of the Colorado Constitution, or as may be more
fully defined in the Colorado Retail Marijuana Code, including but not limited to
inspection, administration, and enforcement of retail marijuana establishments
authorized pursuant to this article.
k) State medical marijuana license pending or pending state medical marijuana license
means a complete application has been filed and accepted and all required fees paid to
the state licensing authority.
Sec. 5.16.050 Local Licensing Authority.
The Local Licensing Authority established in Section 5.04.040 of this Title, incorporated herein
by this reference in its entirety, shall be the local licensing authority for all marijuana licenses
issued by the City of Aspen. In addition to those powers and duties set out in Section 5.04.040,
the Authority shall have all the powers and duties as are set forth in this article, in the
Colorado Retail Marijuana Code, the Colorado Medical Marijuana Code and subsection 5(e)
of section 16 of article XVIII of the Colorado Constitution
Sec. 5.16.060 City license required.
On and after the effective date of this Chapter;
a. No person may operate a medical marijuana establishment, a retail marijuana
establishment, or a dually located medical marijuana establishment and a retail
marijuana establishment within the City without both a valid license issued by the
Local Licensing Authority and a valid license issued by the State Licensing Authority;
provided, however, that any Medical Marijuana Establishment legally operating with a
state medical marijuana license or with a state medical marijuana license pending and a
local business license within the City limits on the effective date of this Chapter may
continue in operation until final action on the state and Aspen Marijuana Code license
applications, subject to the following requirements:
1. The applicant applies for a medical marijuana license under this Chapter within
thirty (30) days of the effective date of this Chapter, and
2. Should the State or City marijuana license be denied for any reason, the
applicant agrees to cease operations within the City within thirty (30) days of
receipt of notice of denial or within thirty days of the denial of any appeal.
b. A separate license shall be required for each specific business and for each geographic
location.
Sec. 5.16.070 Authority to issue City license; qualification; referral; appeal.
a. An applicant for a City license under this Chapter shall apply therefor to the City
Clerk on forms provided by the City Clerk. The City Clerk is responsible for providing
application forms to prospective applicants, and for generally supervising the
application process up to the point that a completed application is submitted to the
Local Licensing Authority for a decision. Once an application is determined to be
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complete, the application and all supporting documentation shall be forwarded to the
Local Licensing Authority. The Local Licensing Authority shall make a final decision
on the application as provided in this Chapter.
b. The Local Licensing Authority may issue any type of license authorized by the
Retail Marijuana Code or the Medical Marijuana Code, currently including the
following:
Retail marijuana store license
Retail marijuana cultivation facility license
Retail marijuana product manufacturing facility license
Retail marijuana testing facility license
Medical marijuana center license
Optional premises cultivation license
Medical marijuana-infused products manufacturing license
c. In order to qualify for a City license under this Chapter, an applicant must meet all
conditions for the issuance of the parallel state license prescribed by the Medical
Marijuana Code and the Retail Marijuana Code and shall meet all requirements of this
Chapter, provided, however, that the fees for a City license are those prescribed by
Section 5.16.140 of this Code.
d. Upon receipt of a properly completed application, together with all information required
in connection therewith, and the payment of the applicable fee as required by Section
5.16.140, the City Clerk shall transmit copies of the application to:
1. the Police Department;
2. the Department of Community Development;
3. the Environmental Health Department; and
4. any other person or agency that the Local Licensing Authority determines
should properly investigate and comment upon the application.
e. Upon receipt of a completed application the Police Department shall promptly obtain
and review a criminal background records search on the applicant. The Police
Department may use the background records search conducted by the state for any
state marijuana license application if it is available.
f. Within twenty days of receipt of a completed application those City departments and
other referral agencies described in subsection d. of this Section shall provide the
Local Licensing Authority with comments concerning the application.
g. An applicant shall cooperate with the Local Licensing Authority with respect to the
review and investigation of the application.
h. The Authority shall provide the State with written notice of its decision on each
license application.
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i. The Authority shall promptly notify the applicant of its decision by giving written
notice to the applicant at applicant’s current mailing address. In the event of a
denial or a conditional approval, the Authority will provide the applicant with a
written statement containing the reasons for denial or the conditions of the
approval.
j. The Authority shall consider each application and either approve, deny or
conditionally approve an application within ninety days(90) days of receipt or such
additional time as may be reasonably necessary, when, after considering the
application, any application forwarded to it by the State and from such other
information as may otherwise be obtained or requested by the Authority, the
Authority determines that the application complies with all of the requirements
of this article, including the following:
(i) The application, including any required attachments and submissions, is
complete and signed by the applicant;
(ii) The applicant has paid the fees required by this Chapter;
(iii) The application does not contain a material falsehood or
misrepresentation;
(iv) The location of the Retail Marijuana Establishment or Medical Marijuana
Establishment is proposed to be located on a premise permitted by the
applicable zoning and the land use code;
(v) The location of the Retail Marijuana Establishment or Medical Marijuana
Establishment is not within 500 feet of any school; and
(vi) The applicant meets or otherwise will meet all the requirements of this
Chapter, including the requirements of the applicable state laws and
regulations incorporated herein.
k. If the Local Licensing Authority approves conditionally or denies a license,
the licensee may appeal the conditional approval or denial to the district court
pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The
licensee’s failure to timely appeal the decision is a waiver the licensee’s right
to contest the conditional approval or denial of the application.
Sec. 5.16.080 State law procedure, public hearing required.
a. Except as may be amended by this Chapter, provisions of the
Medical Marijuana Code and the Retail Marijuana Code governing procedures for
applications, hearing and decisions for state licenses shall apply for City licenses.
b. Public Hearing. Upon receipt of an application for a local license, except
an application for renewal, for transfer of ownership, for modification of premises or
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change of location within the City, the Authority will schedule a public hearing
upon the application. When the Authority schedules a hearing, it shall post and
publish public notice thereof not less than ten(10) days prior to the hearing. The
Authority shall give public notice by the posting of notice in a conspicuous place
on the premises for which application has been made and by publication in a
newspaper of general circulation in Pitkin County, Colorado .
Sec. 5.16.090 Term and renewal of licenses.
a. Each license issued pursuant to this Chapter shall be valid for one year from the date of
issuance, and may be renewed as provided in the applicable code, the applicable
administrative regulations, and this Chapter, provided, however, that a license shall not
be renewed if the Local Licensing Authority determines that the licensed premises have
been inactive, without good cause, for at least one year.
b. The Local Licensing Authority may refuse to renew a license for good cause.
c. No license shall be renewed by the Local Licensing Authority until the licensee provides
verification that the license has been renewed by the State Licensing Authority.
d. Notwithstanding anything contained in this Chapter to the contrary, a licesness has no
vested right to the renewal of a license, and no property right in the renewal of a license.
Sec. 5.16.100 Change of location.
Change of location of any license shall be governed by the standards and procedures set forth in
the Retail or Medical Marijuana Code and regulations adopted pursuant thereto and shall be
administered by the Authority in the same manner as the state licensing authority administers
changes of location. No change of location of a licensed premises shall be approved by the
Local Licensing Authority if the proposed new location of the licensed premises is not a
location that is permitted by City zoning or this Chapter.
Sec. 5.16.110 Modification of premises.
Modification of the premises of any license shall be governed by the standards and procedures
set forth in the Retail or Medical Marijuana Code and regulations adopted pursuant thereto and
shall be administered by the Authority in the same manner as the state licensing authority
administers changes of location.
Sec. 5.16.120 Transfer of ownership.
Transfer of ownership of any license shall be governed by the standards and procedures set
forth in the Retail or Medical Marijuana Code and regulations adopted pursuant thereto and
shall be administered by the Authority in the same manner as the state licensing authority
administers changes of location.
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Sec. 5.16.130 Manager and employee requirements.
Manager and employee qualifications, registration and badging shall be governed by the standards
and procedures set forth in the Retail or Medical Marijuana Code and regulations adopted
pursuant thereto.
Sec. 5.16.140 License and application fees.
An applicant for a new license shall pay to the City a non-refundable operating fee when the
application is filed. The purpose of the fee is to cover the direct and indirect costs to the City of
administering the local licensing mechanism established by this Chapter and is in lieu of
separate application and licensing fees. For applications filed in 2013 or 2014 for the operating
year 2014, the operating fees are as follows:
a. New medical marijuana business license:
Type of License
Local Operating fee
Type 1 Medical
Marijuana Center
$2000.00
Type 2 Medical
Marijuana Center
$2000.00
Type 3 Medical
Marijuana Center
$2000.00
Optional Premises
Cultivation License
$2000.00
Medical Marijuana-
Infused Products
Manufacturers’
License
$2000.00
b. Medical marijuana center applying for retail marijuana store license:
Type of License Local Operating fee
Medical Marijuana
Center 1 Applying For
Retail Marijuana
Store License
$2000.00
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Medical Marijuana
Center 2 Applying For
Retail Marijuana
Store License
$2000.00
Medical Marijuana
Center 3 Applying For
Retail Marijuana
Store License
$2000.00
c. New retail marijuana establishment license:
Type of License Local Operating Fee
Retail Store $2000.00
Retail Marijuana
Cultivation Facility
$2000.00
Retail Marijuana
Products
Manufacturing
$2000.00
Retail Marijuana Testing
Facility
$2000.00
3. Fees for the annual renewal of any license issued by the City shall be fifty
percent of the fee for the issuance of a new license as described above.
4. The following operating fees fees shall be paid to City at the time the service
is requested:
Service Requested Fee
Transfer of Ownership of
Business License or
Application
$700.00
Corporation or LLC Structure
Change (per person)
$100.00
Change of Location
$500.00
Modification of Premises $150.00
5. The City is entitled to receive its share of the license application fees received
by the state licensing authority in addition to the fees set forth above.
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6. .As part of the annual budget process, the amount of fees charged by the City
pursuant to this Section shall be reviewed and, if necessary, adjusted to reflect
the direct and indirect costs incurred by the Town in connection with the
adoption, administration and enforcement of this Chapter.
7. Beginning with the fiscal 2015 budget, the amount of the fees charged by the
City pursuant to this Section shall be fixed by City Council as part of its
annual budget process. If, for any reason, such fees are not fixed by City
Council as part of its annual budget process, the fees for the preceding year
shall continue in full force and effect until changed by City Council.
Sec. 5.16.150. Suspension or revocation of license.
a. A license issued by the Local Licensing Authority may be suspended or revoked by the Local
Licensing Authority in accordance with the standards and procedures set forth in the applicable
code, the applicable administrative regulations and this Chapter.
b. In addition to the standards set forth in the applicable code and the applicable administrative
regulations, a violation of this Chapter, or of the terms and conditions of a license issued by the
Local Licensing Authority pursuant to this Chapter, may be grounds for the suspension or
revocation of a license issued by the Local Licensing Authority.
c. In connection with the suspension of a license, the Local Licensing Authority may impose
reasonable conditions.
d. In deciding whether a license should be suspended or revoked, and in deciding what conditions
to impose in the event of a suspension, if any, the Local Licensing Authority shall consider:
1. the nature and seriousness of the violation;
2. corrective action, if any, taken by the licensee;
3. prior violation(s), if any, by the licensee;
4. the likelihood of recurrence;
5. all circumstances surrounding the violation;
6. whether the violation was willful or deliberate;
7. the number of previous violations by the licensee;
8. previous sanctions, if any, imposed against the licensee; and
9. whether the owner or manager is the violator or has directed an employee or other
individual to violate the law.
e. If an offense is described in the applicable administrative regulations, the Licensing Authority
shall follow the provisions of such regulation in deciding the appropriate sanction to be imposed
upon the licensee.
f. The Authority may impose a civil penalty or fine in lieu of or in addition to a suspension, as set
forth in section 5.04.04.
g. A license issued by the Local Licensing Authority may be revoked if the Local Licensing Authority
determines that the licensed premises have been inactive, without good cause, for at least one
year.
h. If the Local Licensing Authority suspends or revokes a license the licensee may appeal the
suspension or revocation to the district court pursuant to Rule 106(a)(4) of the Colorado Rules
of Civil Procedure. The licensee’s failure to timely appeal the decision is a waiver the licensee’s
right to contest the suspension or revocation of the license.
i. No fee previously paid by a licensee in connection with a license shall be refunded if the
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licensee’s license is suspended or revoked.
Sec. 5.16.160 Unlawful acts.
The following acts are prohibited and unlawful and are punishable as set forth it Section 1.04.080
unless otherwise specified:
(a). The possession, use or consumption of marijuana by any person under 21 years of age, unless
such possession, use or consumption is authorized under Article 43.3 of Title 12, C.R.S. A
first offense shall be punished by a fine not to exceed $100.00; a second offense shall be
punished by a fine of not more than $250.00, and any third or subsequent offense shall be
punished as set forth in Section 1.04.080.
(b). The possession, use or consumption of marijuana openly and publicly by any person. A first
offense shall be punished by a fine not to exceed $100.00; a second offense shall be punished
by a fine of not more than $250.00, and any third or subsequent offense shall be punished as
set forth in Section 1.04.080.
(c). The transfer of any amount of marijuana by any person twenty-one years of age or older to any
person who is less than twenty-one years of age.
(d). Other than within licensed premises, the open or public display of marijuana or marijuana
products for sale, such as at a Saturday market.
(e). The operation of any public or private club or business allowing the consumption of marijuana on
the premises.
Sec. 5.16.170 Effective date; applicability.
This Chapter shall be effective thirty days after final passage and shall govern all applications
submitted to the City for licensing of any retail or medical marijuana establishment in the City
under the Retail or Medical Marijuana Code on and after that date.
Sec. 5.16.180 Transition Period.
a. Prior to January 1, 2015, no retail marijuana establishment shall be licensed or
otherwise permitted in the City unless, as of October 1, 2013:
1. The applicant for licensing is currently operating in good standing a state
licensed medical marijuana business within the City or has a pending state
medical marijuana license application within the City and has a City business
license and the applicant proposes to surrender the existing medical
marijuana license upon receipt of a retail marijuana license, thereby
converting the existing medical marijuana establishment into a retail
marijuana establishment; or
2. The applicant for licensing is currently operating in good standing a licensed
medical marijuana business within the City or has a pending state application
for a licensed medical marijuana business within the City and has a City
business license and the applicant proposes to retain the existing medical
marijuana license while locating a retail marijuana establishment under
common ownership at the same location to the extent allowed by the
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Colorado Retail Marijuana Code and applicable state rules and regulations.
b. Prior to January 1, 2015, any person who obtains a transfer of ownership of an
existing medical marijuana business that is duly licensed under both the Medical
Marijuana Code and this Chapter may qualify for retail licensing as allowed by
subsection (a) of this section.
c. Prior to January 1, 2015, any person who obtains a change of location of an existing
medical marijuana business that is duly licensed under both the Medical Marijuana
Code and this chapter may qualify for retail licensing as allowed by subsection (a) of
this section.
d. On and after October 1, 2014, any person who otherwise qualifies for licensing
under applicable state and city laws may apply for licensing of a retail marijuana
establishment in the City, regardless of whether or not the applicant is the owner of
an existing medical marijuana business in the City; provided that such license shall
not issue any sooner than January 1, 2015.
Section 12.
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.
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.
A public hearing on this ordinance shall be held on the 15th day of October, 2013, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
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Aspen, Colorado
Section
The City Clerk is directed, upon the adoption of this Ordinance, to publish a copy of this ordinance
in a newspaper of general circulation within ten (10) days, or as soon as possible thereafter as
possible.
INTRODUCED, READ AND SCHEDULED FOR SECOND READING as provided by law, by the City
Council of the City of Aspen on the _____ day of ____________________, 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
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TITLE 5
MARIJUANA AND ALCOHOLIC BEVERAGES1, 2, 3
Chapter 5.04 Beer and Wine Licensing
Sec. 5.04.010. Legislative intent. ............................................................................................................................ 2
Sec. 5.04.020. State Liquor Code adopted. ............................................................................................................. 2
Sec. 5.04.030. State Beer Code adopted ................................................................................................................. 2
Sec. 5.04.040. Aspen Liquor Licensing Authority ................................................................................................. 2
Sec. 5.04.050. City license to sell required ............................................................................................................. 6
Sec. 5.04.060. Authority to issue City licenses ....................................................................................................... 6
Sec. 5.04.070. State law procedures apply .............................................................................................................. 6
Sec. 5.04.080. Term and renewal of licenses .......................................................................................................... 6
Sec. 5.04.090. Temporary permit............................................................................................................................ 7
Sec. 5.04.100. Temporary licenses ......................................................................................................................... 7
Sec. 5.04.110. Modification of premises ................................................................................................................ 8
Sec. 5.04.130. Transfer of ownership ..................................................................................................................... 8
Sec. 5.04.140. Manager's registration required ....................................................................................................... 8
Sec. 5.04.150. Standards for Optional Premises License. ....................................................................................... 9
Sec. 5.04.160. Special event permit ..................................................................................................................... 10
Sec. 5.04.170. License application fees ................................................................................................................ 10
Sec. 5.04.180. Annual license fees ....................................................................................................................... 10
Sec. 5.04.190. Retail liquor store or liquor-licensed drugstore tastings ................................................................ 11
Chapter 5.08 General Regulations
Sec. 5.08.010. Sales prohibited ............................................................................................................................ 12
Sec. 5.08.020. Consumption prohibited. .............................................................................................................. 12
Sec. 5.08.030. Employment of persons under certain age prohibited. .................................................................. 12
Sec. 5.08.040. Gambling. ..................................................................................................................................... 12
Sec. 5.08.050. Report of disturbances .................................................................................................................. 13
Sec. 5.08.060. Open containers ............................................................................................................................ 13
Sec. 5.08.070. Definitions .................................................................................................................................... 13
Sec. 5.08.080. Education requirements ................................................................................................................ 14
Sec. 5.08.090. Reseal and removal of open vinous liquor container .................................................................... 15
Chapter 5.12 Occupation Tax
Sec. 5.12.010. Declaration of policy and purposes .............................................................................................. 15
Sec. 5.12.020. Classification of operators ............................................................................................................ 15
Sec. 5.12.030. Tax levy and assessment ............................................................................................................... 16
Sec. 5.12.040. Payment required prior to issuance of license. .............................................................................. 17
Sec. 5.12.050. Revenue receipt ............................................................................................................................ 17
Sec. 5.12.060. Posting of receipt required ............................................................................................................ 17
Sec. 5.12.070. No refund of tax ........................................................................................................................... 17
Sec. 5.12.080. Delinquency. ................................................................................................................................ 17
Sec. 5.12.090. Recovery of amount due by City .................................................................................................. 17
Chapter 5.16 Medical and Retail Marijuana Licensing……………………………………………………..
Sec. 5.16.010 Short title.
Sec. 5.16.020 Declaration of policy and purpose
Sec. 5.16.030 Colorado Medical Marijuana Code and Retail Marijuana Code and regulations adopted.
Sec. 5.16.040 Definitions
Sec. 5.16.050 Local Licensing Authority
Sec. 5.16.060 City license required
Sec. 5.16.070 Authority to issue city license
Sec. 5.16.080 State law procedure; public hearing requirement; appeal
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VII.b
Sec. 5.16.090 Term and renewal of license
Sec. 5.16.100 Change of location
Sec. 5.16.110 Modification of premises
Sec. 5.16.120 Transfer of ownership
Sec. 5.16.130 Manager and employee requirements
Sec. 5.16.140 License and application fees
Sec. 5.16.150 Revocation or suspension of license
Sec. 5.16.160 Unlawful acts
Sec. 5.16.170 Effective date; applicability
1 Editor's note—Ord. No. 35-1978, § 1, amended Title 5 (formerly Ch. 4) to read as herein set out. Formerly Ch. 4 was derived from Code
1962, §§ 65-1, 9-1-1—9-1-10; Ord No. 40-1974, § 1; Ord. No. 54-1976, § 1; and Ord. No. 82-1975, § 1.
2 Cross reference—Drinking liquor or possession of open container on public property prohibited, § 15.04.180.
3 State law reference—Colorado Beer Code, C.R.S. 12-46-101 et seq.; Colorado Liquor Code C.R.S. 12-47-101 et seq.; local licensing
authority, C.R.S. 12-46-117, 12-47-135.
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Chapter 5.04
BEER AND WINE LICENSING1
1 Editor's note—Ord. No. 50-1992, § 1, repealed the provisions of former Arts. I and II, relative to liquor licensing and beer licensing and
enacted a new Art. I (Chapter 5.04) to read as herein set out. Ord. 50-1992 further renumbered former Arts. III and IV as Arts. II and III
(Chapters 5.08 and 5.12). The provisions of former Arts. I and II derived from Ord. No. 35-1978, § 1.
Sec. 5.04.010. Legislative intent.
The City Council hereby declares that the purpose of this Chapter is to protect the public health,
safety and welfare by requiring all persons desiring to sell or offer for sale any liquor or 3.2 beer to be
licensed by the City. The City Council intends that the City issue local licenses for sale of such
beverages, as authorized by state law and that the City's licensing requirements be consistent with those
for state licenses under state law. The City Council desires to promote responsibility in the consumption
of malt, vinous and spirituous liquors by its citizens and guests. The City Council's mission for the
separate local liquor licensing authority is to ensure (a) that the needs of the community for licensed
premises are measured by free market economic forces and not arbitrary numerical limitations on new
licenses; (b) that the privacy rights of licensees and applicants of liquor license are fairly balanced against
the Authority's investigatory responsibilities; and (c) that educational efforts be implemented before
enforcement activity is undertaken whenever educational efforts are deemed appropriate and necessary.
The City Council desires that the separate liquor licensing authority carry out its mission in as streamlined
a fashion as possible and that it seek to avoid the creation of new and burdensome paperwork for either
the City or its citizens. (Code 1971, § 4-1; Ord. No. 50-1992, § 1; Ord. No. 8-1994, § 1)
Sec. 5.04.020. State Liquor Code adopted.
The provisions of Article 47, Title 12, C.R.S., as amended and the provisions of Colorado Rules
and Regulations promulgated thereunder, as amended, relating to the definition of terms, licensing, sales,
hours of sale, records, inspection, unlawful acts and all other matters pertaining to the retail sale,
distribution and consumption of alcoholic liquors are adopted and made a part of this Code as if set out in
full. At least one (1) copy of the State of Colorado Liquor Code and all rules and regulations
promulgated pursuant thereto shall be kept on file in the office of the City Clerk and shall be available
for inspection during regular business hours. (Code 1971, § 4-2; Ord. No. 50-1992, § 1)
Sec. 5.04.030. State Beer Code adopted.
The provisions of Colorado Statutes, Article 46, Title 12, C.R.S., as amended and the provisions of
Colorado Rules and Regulations adopted promulgated thereunder, as amended, relating to the definition
of terms, licensing, sales, hours of sale, records, inspection, unlawful acts and all other matters
pertaining to the retail sale, distribution and consumption of fermented malt beverages are adopted and
made a part of this Code as if set out in full. At least one (1) copy of the State Beer Code and all rules
and regulations promulgated pursuant thereto shall be kept on file in the office of the City Clerk and
shall be available for inspection during regular business hours. (Code 1971, § 4-3; Ord No. 50-1992, §
1)
Sec. 5.04.040. Aspen Local Licensing Authority.
(a) Members; appointment; term; compensation; vacancies.
(i) The City Local Licensing Authority shall consist of five (5) members and one (1)
alternate member, all of whom shall be appointed by the City Council to serve without
compensation. The alternate member shall vote only in the absence of one (1) or more regular
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members. Members of the Authority shall be qualified electors and residents of the City for at
least one (1) year prior to appointment. In the event that any member is no longer a qualified
elector or is convicted of a felony or an offense involving moral turpitude while in office, the City
Council shall terminate the appointment of such person as a member of the Authority.
(ii) Appointments by the City Council shall be for a four (4) year term commencing on the
first day of January and expiring on the thirty-first day of December at the completion of the
member's term. Initial appointments shall be made as soon as practical and shall specify the term
of office of each individual in order to achieve overlapping tenure.
(iii) There shall be no limit on the number of terms for any member. No person shall serve or
continue to serve as a member of the Authority if that person or any member of his immediate
family shall or may hereafter obtain any financial interest in the operation of any business issued
a license relating to the sale or dispensation of fermented malt beverages or alcoholic beverages
pursuant to Articles 46 or 47 of Title 12, C.R.S., as amended or in the operation of any business
issued a license pursuant to Articles 43.3 or 43.4. of Title 12, C.R.S.
(iv) Vacancies created by death, resignation or disqualification of a member of the Authority
shall be filled by appointment of the City Council and such appointments shall be for the remainder
of the unexpired term. When a regular member resigns, the alternate member shall automatically
be appointed as a regular member in replacement.
(v) All members of the Authority shall be subject to removal by the City Council.
(b) Functions.
(i) The Authority shall have the duty and authority to grant or refuse licenses for the
possession, sale and offering for sale of malt, special malt, vinous or spirituous liquors and
fermented malt beverages as provided by law, to conduct investigations as are required by law
and to levy penalties against licensees in the manner provided by law.
(ii) The Authority shall have all the powers of the local licensing authority as set forth in
Title 12, Articles 46, 47 and 48, C.R.S.
(iii) The Authority shall have the power to promulgate rules and regulations concerning the
procedures for hearings before it and the presentation of evidence at hearings.
(iv) The Authority shall have the power to require any applicant for a license to furnish any
relevant information required by the Authority.
(v) The Authority shall have the power to administer oaths and issue subpoenas to require the
presence of persons and the production of papers, books and records necessary to the
determination of any hearing which the Authority is authorized to conduct. It shall constitute a
violation of this Code for any person to fail to comply with any subpoena issued by the Authority
in the proper conduct of its hearing.
(vi) The Authority shall have the power to perform all other acts or duties required to carry
out the purposes of the state and City liquor and fermented malt beverage and marijuana licensing
laws.
(vii) The Authority shall have the power to perform all other responsibilities that the Council
may delegate to it and to delegate as many of its functions as it deems appropriate to the City
Clerk.
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(c) Organization; bylaws.
(i) The Authority shall elect annually from its membership a chairperson and such other
officers as may be required. Bylaws may be adopted by the Authority, which bylaws shall not be
inconsistent with the Charter and the Code.
(ii) A quorum shall consist of a majority of the members of the Authority and a decision of
the majority of those present constituting a quorum shall control.
(d) Secretary. The City Clerk shall serve as secretary of the Authority, but shall not be entitled to
vote on any matters coming before the Authority. The City Clerk shall, as official secretary of the
Authority, designate a person to provide necessary notice of meetings to members and shall also provide
secretarial and reporting services for the Authority. The secretary shall prepare and keep minutes of the
meetings of the Authority. The records of such meetings, if any, shall be submitted monthly to the City
Council and shall become part of the permanent records of the City to be maintained by the City Clerk.
The secretary shall perform such other duties delegated to him or her by the Authority or assigned by the
Code.
(e) Legal advisor; appeals.
(i) The City Attorney shall be the legal advisor to the Authority and shall represent the
Authority and the City in all proceedings before the Authority and in all courts where any
decision of the Authority is appealed. The City Attorney may employ special counsel when the
City Attorney determines that he or she cannot ethically perform the functions of prosecuting a
complaint against a licensee before the Authority and simultaneously representing the Authority.
(ii) All appeals from the Authority shall be directly to the District Court except appeals from
the denial of new licenses and the transfer of a license which shall be to the City Council of the
City which shall conduct a hearing de novo. Appeals from the City Council shall be directly to the
District Court.
(f) Aggravating and mitigating factors considered at show cause hearings. In all cases where a
violation of the applicable state or local laws is found at a show cause hearing, the Authority shall
consider evidence and statements in mitigation and in aggravation of the violation proper to determine the
appropriate penalty. Such evidence and statements may relate to and include, but not be limited to, the
following factors:
1) Seriousness of the violation;
2) Corrective action taken by the licensee after the violation;
3) Prior violations at the licensed premises by the licensee or the licensee's employees and
the effectiveness of prior corrective action;
4) Prior violations at the licensed premises by a prior licensee or the prior licensee's
employees and the sanctions imposed for such violations, if the current licensee or any of the
current licensee's owners, partners, shareholder, directors, officers or managers held an ownership
interest of five (5) percent or more in the entity holding such prior license.
5) Whether the violation is part of a repeated course of conduct or is an isolated occurrence;
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6) Likelihood of recurrence;
7) All circumstances surrounding the violations;
8) Willfulness of the violation;
9) Length of time the license has been held by the licensee;
10) Previous sanctions imposed against the licensee; and
11) Other factors making the situation with respect to the licensee or the licensed premises
unique.
(g) Optional procedures for the payment of fine in lieu of having license suspended.
(i)(a) Whenever a decision of the Authority suspending a license for fourteen (14) days or
less becomes final, whether by failure of the licensee to appeal the decision or by
exhaustion of all appeals and judicial review, the licensee may, before the operative date of the
suspension, petition for permission to pay a fine in lieu of having his license suspended for all or
part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole
discretion, stay the proposed suspension and cause any investigation to be made which it
deems desirable and may, in its sole discretion, grant the petition if it is satisfied:
(I) That the public welfare and morals would not be impaired by permitting the
licensee to operate during the period set for the suspension and that the payment of the
fine will achieve the desired disciplinary purposes;
(II) That the books and records of the licensee are kept in such a manner that the
loss of sales which the licensee would have suffered had the suspension gone into effect
can be determined with reasonable accuracy therefor; and
(III) That the licensee has not had his license suspended or revoked, by the
Authority or by the State, nor had any suspension stayed by payment of a fine,
during the two (2) years immediately preceding the date of the motion or complaint
which has resulted in a final decision to suspend the license.
(b) The fine accepted shall be the equivalent to twenty (20) percent of the licensee's
estimated gross revenues from sales of alcoholic beverages during the period of the proposed
suspension; except that the fine shall not be less than two hundred dollars ($200.00) nor more
than five thousand dollars ($5,000.00).
(c) Payment of any fine pursuant to the provision of this Subsection (i) shall be in the
form of cash or in the form of a certified check or cashier's check made payable to the
City of Aspen.
(ii) Upon payment of the fine pursuant to Subsection (i) of this Section, the Authority shall
enter its further order permanently staying the imposition of the suspension. The Authority shall
cause such moneys to be paid into the general fund of the City.
(iii) In connection with any petition pursuant to Subsection (i) of this Section, the Authority
is limited to the granting of such stays as are necessary for it to complete its investigation and make
its findings and, if it makes such findings, to the granting of an order permanently staying the
imposition of the entire suspension or that portion of the suspension not otherwise conditionally
stayed. (Code 1971, § 4-4; Ord. 8-1994, § 2; Ord. No. 48-1999, § 1)
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Sec. 5.04.050. City license to sell required.
(a) No person shall sell or offer for sale any malt, vinous or spirituous liquor in the City without
first having obtained a City license therefor under the provisions of this chapter and laws of the State, in
addition to any other license required by the State.
(b) No person shall sell or offer for sale any fermented malt beverages without first having
obtained a City license therefor under the provisions of this Chapter and the laws of the State, in addition
to any other license required by the state.
(c) Nothing in this Code shall be deemed to require a person to obtain a separate City license in
order to sell or offer for sale any malt, vinous or spirituous liquor or fermented malt beverage pursuant to
a special event permit issued by the State. (Code 1971, § 4-5; Ord. No. 50-1992, § 1)
Sec. 5.04.060. Authority to issue City licenses.
(a) An applicant for a City or State license under this Chapter shall apply therefor to the City
Clerk on forms provided by the City Clerk.
(b) The Authority may issue any type of license set forth at Sections 12-47-309 and 12-46-
107, C.R.S.
(c) In order to qualify for a City license under this Chapter, an applicant must meet all conditions
for the issuance of the parallel state license prescribed by the Colorado Liquor Code, for malt, vinous and
spirituous liquors and the Colorado Beer Code, for fermented malt beverages, except that the fees for a
City license are those prescribed by Section 5.04.170 of this Code. (Code 1971, § 4-6; Ord. No. 50-1992,
§ 1)
Sec. 5.04.070. State law procedures apply.
Except as may be amended by this Chapter, provisions of the Colorado Liquor Code and the
Colorado Beer Code governing procedures for applications, hearing and decisions for state liquor or
fermented malt beverages shall apply for City licenses. (Code 1971, § 4-7; Ord. No. 50-1992, § 1)
Sec. 5.04.080. Term and renewal of licenses.
(a) The term of the City license issued under this Chapter is twelve (12) months from the date of
issuance.
(b) Applicants for State and City license renewal shall apply to the City Clerk on or before the
forty-fifth day prior to the date of expiration of the license.
(c) Upon receipt of a completed application for a license renewal, the City Clerk shall refer the
application to the following City departments: Environmental Health Department, City Utility
Department, City Police Department and the Aspen Fire Protection District. If the referral comments
received by the City Clerk do not adversely reflect upon the applicant's license, the City Clerk shall
approve the renewal application forthwith. The City Clerk shall notify the Authority of all such
administrative renewals at its next regularly scheduled meeting.
(d) If for any reason the City Clerk decides not to approve a renewal application, he or she shall
place the matter on the agenda of the next regularly scheduled meeting of the Aspen Local Licensing
Authority at which time the Authority shall grant the renewal, order further staff investigation or order
a hearing in accordance with state law. (Code 1971, § 4-8; Ord. No. 50-1992, § 1)
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Sec. 5.04.090. Temporary permit.
(a) The Aspen Local Licensing Authority may, in accordance with the provisions of the Colorado
Beer Code and Colorado Liquor Code., issue a temporary permit to a transferee of a fermented malt
beverage license issued by the state licensing authority pursuant to the Colorado Beer Code or any class
of liquor license issued pursuant to the Colorado Liquor Code. Such temporary permit shall authorize a
transferee to sell fermented malt or alcoholic beverages in accordance with either Section 12-46-106.5
or 12-47- 106.5, C.R.S.
(b) If the next regularly scheduled meeting of the Aspen Local Licensing Authority will not be
held within three (3) working days of the receipt by the City Clerk of an application for a temporary
permit under this Section, the City Clerk shall issue the temporary permit requested by such an
application provided the City Clerk first determines the following:
(1) That the applicant is in compliance with all applicable provisions of the Colorado Beer
Code and Colorado Liquor Code; and
(2) That a preliminary background check conducted by the Aspen Police Department of the
applicant and its officers, directors and owners having a five percent (5%) or more ownership
interest, indicates that such persons have not been convicted of a felony or an offense involving
moral turpitude.
If either of the above determinations cannot be made by the City Clerk with respect to any application
under this subparagraph (b), the Clerk shall not issue a temporary permit.
(c) If for any reason the City Clerk decides not to issue a temporary permit applied for under this
Section, the applicant shall be entitled to a hearing before the Aspen Local Licensing Authority at its
next regularly scheduled meeting, at which time the Aspen Local Licensing Authority shall consider the
City Clerk's decision not to issue the temporary permit and it may, within its discretion, either uphold the
decision of the City Clerk or reverse it and issue the temporary permit to the applicant. (Code 1971, § 4-
9; Ord. No. 50-1992, § 1)
Sec. 5.04.100. Temporary licenses.
(a) Pursuant to Section 12-47-303 C.R.S., any licensee whose license expires may, upon the
filing of an application for a permanent annual alcoholic beverage license and upon payment of all
applicable fees relating thereto, also apply for a temporary license to allow continued operation of the
licensed premises under the same terms and conditions as provided in the expired license. Such
application shall be made no later than ninety (90) days after the expiration of the permanent annual
license.
(b) The City Clerk may approve an application for a temporary license when the expiration of the
preexisting license resulted from the licensee's inadvertent failure to make application for renewal or any
administrative error or mistake.
(c) If, for any reason, the City Clerk decides not to issue a temporary license applied for under
this Section, the applicant shall be entitled to a hearing before the Aspen Local Licensing Authority at its
next regularly scheduled meeting.
(d) A temporary license shall be valid until the licensee's application for a regular annual license
has been processed and approved or denied by the authority and the state licensing authority, except that
in no event shall such license be valid for more than one hundred twenty (120) days.
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VII.b
(e) The City Clerk shall notify the authority of the approval of all temporary licenses at its next
regularly scheduled meeting. (Code 1971, § 4-10; Ord. No. 50-1992, § 1)
Sec. 5.04.110. Modification of premises.
(a) No licensee may physically change, alter or modify the licensed premises from that shown in
the plans and specifications submitted at the time the licensee obtained its original license until written
approval to do so has been received from the Aspen Local Licensing Authority and the state licensing
authority.
(b) Requests for changes, alterations or modifications of the licensed premises shall be on such
forms as are provided by the state licensing authority and, in addition, on such forms as may be provided
by the City, if any. The request shall be filed with the City Clerk.
(c) If the City Clerk finds that the proposed modification does not substantially fall within the
meaning of Colorado Department of Revenue Regulation 47-302, he or she shall forthwith grant the
request. The City Clerk shall notify the Authority of all such approved modifications at its next regularly
scheduled meeting. If the City Clerk cannot make this determination, he or she shall not grant the request
and shall cause the request to be placed on the agenda of the Authority for their next regularly scheduled
meeting. (Code 1971, § 4-11; Ord. No. 50-1992, § 1)
Sec. 5.04.120. Change of location.
(a) No license issued by the Aspen Local Licensing Authority shall be transferred to another
location howsoever proximate without the approval of the Authority.
(b) Applications for permission to change the location of the licensed premises shall be made with
the City Clerk. (Code 1971, § 4-12; Ord. No. 50-1992, § 1)
Sec. 5.04.130. Transfer of ownership.
(a) No license granted under the provisions of this Chapter shall be transferable without the
approval of the Aspen Local Licensing Authority.
(b) Applications for permission to transfer ownership of a license shall be made with the City
Clerk. (Code 1971, § 4-13; Ord. No. 50-1992, § 1)
Sec. 5.04.140. Manager's registration required.
(a) Whenever required by the Colorado Beer Code or the Colorado Liquor Code, licensees shall
designate and register managers with the Aspen Local Licensing Authority by filing an application with
the City Clerk.
(b) Upon receipt of a completed application to register a new manager, the City Clerk shall refer
the application to the City Police Department for a background investigation of the proposed manager. If
there is no probable cause to believe that the proposed manager is not of good moral character and
reputation, the City Clerk shall approve the application forthwith. The City Clerk shall notify the
Authority of all such administrative approvals of new managers at its next regularly scheduled meeting. If
the City Clerk is unable to administratively approve the registration of the new proposed manager, he or
she shall place the matter on the authority's agenda for its next regularly scheduled meeting. (Code 1971,
§ 4-14; Ord. No. 50-1992, § 1)
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Sec. 5.04.150. Standards for Optional Premises License.
In addition to applicable requirements of the Colorado Liquor Code and regulations adopted
thereunder, the following standards for issuance of an Optional Premises License or for an optional
premises for a hotel and restaurant license are adopted:
(a) Issuance of an optional premises or optional premises for a hotel and restaurant license
shall be limited to the following outdoor sports and recreational facilities:
(1) Swimming pools,
(2) Tennis courts,
(3) Country clubs,
(4) Golf courses,
(5) Ski areas.
(b) Each licensee shall demonstrate to the LocalLicensing Authority a need for the optional
premises.
(c) Submittal requirements. When submitting a request for the approval of an optional
premises, an applicant shall submit the following information:
(1) A map or other drawing illustrating the outdoor sports or recreational facility
boundaries and the approximate location of each optional premises requested.
(2) A legal description of the approximate area within which the optional premises shall
be located.
(3) A description of the method which shall be used to identify the boundaries of the
optional premises when it is in use.
(4) A description of the provisions which have been made for storing malt, vinous and
spirituous liquors in a secured area on or off the optional premises for the future use on the
optional premises.
(5) A description of the provisions that will be made to ensure the liquor laws of the
State and City are being adhered to; including but not limited to, control of the premises,
checking identification and carrying of alcohol onto the premises.
(d) Advance notification. Pursuant to Section 12-47-135(6) and (7), C.R.S., as amended, no
alcoholic beverages may be served on the optional premises until the licensee has provided
written notice to the State and Local Licensing Authorities forty-eight (48) hours prior to serving
alcoholic beverages on the optional premises. Such notice must contain the specific days and
hours on which the optional premises are to be used. In this regard, there is no limitation on the
number of days which a licensee may specify in each notice. However, no notice may specify
any date of use which is more than one hundred eighty (180) days from the notice date.
(e) All optional premises licenses shall be valid for a period of one (1) year from the date of
issuance, unless revoked or suspended and must be renewed annually thereafter.
(f) Due to the fact that an optional premises license or an optional premises for a hotel and
restaurant license may involve greater contact between customers drinking alcoholic beverages
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VII.b
and underage persons, the Local Licensing Authority shall apply the following additional
standards prior to the initial issuance of a license or renewal thereof:
(1) The Local Licensing Authority may require the licensee to post in one (1) or more
prominent locations on the licensed premises, signs that are reasonably calculated to prohibit
underage drinking on the premises. The language of the notices may be determined by the
Liquor Licensing Authority.
(2) The Local Licensing Authority shall determine whether advertisement for alcoholic
beverages or malt liquors should be controlled or, alternatively, whether they should be
prohibited entirely from the licensed premises.
(3) An optional premises licensee shall have available for consumption on the premises
during business hours sandwiches and light snacks and nonalcoholic beverages.
(4) The Local Licensing Authority may require that the licensee show evidence that all
managers and servers employed on the premises meet the educational requirements set forth in
Section 5.08.080 above of this Code prior to the issuance or renewal of a license.
(5) The Local Licensing Authority in determining whether to initially issue or renew a
license in accordance with this Section shall consider any evidence brought to its attention that
the operation of the premises has had or may have in the future, an adverse effect upon the
public health, safety or welfare. The Local Licensing Authority may impose such additional
requirements or conditions upon the licensee as it may deem reasonably necessary to protect
the public's health, safety and welfare. (Code 1971, § 4-15; Ord. No. 17-1993, § 2)
Sec. 5.04.160. Special event permit.
(a) All applications for a special event permit pursuant to Section 12-48-101 et seq., C.R.S.,
shall be filed with the City Clerk at least thirty (30) days prior to the date of the special event.
(b) Upon receipt of a completed application for a special event permit, the City Clerk shall refer
the application to the following City departments: Environmental Health Department, City Police
Department and Fire Protection District. If the City Clerk determines that the applicant is eligible for a
special event permit in accordance with Sections 12-48-101 et seq., C.R.S and the referral comments do
not indicate that issuance would be injurious to the public welfare by reason of the nature of the
special event, its location within the community or the failure of the applicant in a past event to conduct
such event in compliance with applicable laws and regulations, the City Clerk shall grant the permit
forthwith. The City Clerk shall notify the Authority of all such administrative approvals of special events
permits at its next regularly scheduled meeting. If the City Clerk is unable to administratively approve
the special events permit, he or she shall place the matter on the authority's agenda for its next regularly
scheduled meeting. (Code 1971, § 4-20; Ord. No. 50-1992, § 1)
Sec. 5.04.170. License application fees.
Each application for a license filed with the City Clerk shall be accompanied by an application fee
in an amount equal to that set forth at Section 2.12.070 of this Code.
Editor's note—This Subsection was incorrectly noted as former 4-12 in Ord. No. 17-1993. (Ord. No. 50-1992, § 1; Ord No. 17-1993, § 3; Ord
No. 8-1994, § 3: Code 1971, § 4-21)
Sec. 5.04.180. Annual license fees.
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VII.b
Annual license fees shall be paid to the City as provided by state law. Annual license fees shall be
paid in advance and shall not be rebated or discounted on a proportionate basis for any license in
existence or issued for less than a year. The fees shall be in addition to any annual license fees required to
be paid to the state. (Code 1971, § 4-22; Ord. No. 50-1992, § 1)
Sec. 5.04.190. Retail liquor store or liquor-licensed drugstore tastings.
A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct tastings may
submit an application or application renewal to the Aspen Liquor Licensing Authority (hereinafter the
"LLA"). The LLA may reject the application if the applicant fails to establish that he or she is able to
conduct tastings without violating the provisions of the Colorado Liquor Code, without violating Title 5,
entitled "Alcoholic Beverages," of this Code or without creating a public safety risk to the neighborhood.
The LLA may establish its own application procedure and may charge a reasonable application fee.
Tastings shall be subject to the following limitations:
(1) Tastings shall be conducted only by a person who has completed a server-training
program that meets the standards established by the Liquor Enforcement Division in the
Department of Revenue and who is either a retail liquor store licensee or a liquor-licensed
drugstore licensee or an employee of a licensee and only on a licensee's licensed premises.
(2) The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed
brewpub or winery licensed pursuant to Section 12-47-403, C.R.S., at a cost that is not less than
the laid-in cost of such alcohol.
(3) The size of an individual alcohol sample shall not exceed one (1) ounce of malt or vinous
liquor or one-half (½) of one (1) ounce of spirituous liquor.
(4) Tastings shall not exceed a total of five (5) hours in duration per day, which need not be
consecutive.
(5) Tastings shall be conducted only during the operating hours in which the licensee on
whose premises the tastings occur is permitted to sell alcohol beverages and in no case earlier
than 11:00 a.m. or later than 7:00 p.m.
(6) The licensee shall prohibit patrons from leaving the licensed premises with an
unconsumed sample.
(7) The licensee shall promptly remove all open and unconsumed alcohol beverage samples
from the licensed premises or shall destroy the samples immediately following the completion of
the tasting.
(8) The licensee shall not serve a person who is under twenty-one (21) years of age or who is
visibly intoxicated.
(9) The licensee shall not serve more than four (4) individual samples to a patron during a
tasting.
(10) Alcohol samples shall be in open containers and shall be provided to a patron free of
charge.
(11) Tastings may occur on no more than four (4) of the six (6) days from a Monday to the
following Saturday, not to exceed one hundred four (104) days per year.
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(12) No manufacturer of spirituous or vinous liquors shall induce a licensee through free
goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a
tasting. The licensee shall bear the financial and all other responsibility for a tasting.
(13) A violation of this Code provision or of Section 12-47-801, C.R.S., by a retail liquor
store or liquor-licensed drugstore licensee, whether by his or her employees, agents or otherwise,
shall be the responsibility of the retail liquor store or liquor-licensed drugstore licensee who is
conducting the tasting.
(14) A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be
subject to the same revocation, suspension and enforcement provisions as otherwise apply to the
licensee.
(15) Nothing in this Code provision shall affect the ability of a Colorado winery licensed
pursuant to Sections 12-47-402 or 12-47-403, C.R.S., to conduct a tasting pursuant to the authority
of Sections 12-47-402(2) or 12-47-403(2)(e), C.R.S. (Ord. No. 24-2004, §1)
Sec. 5.08.010. Sales prohibited.
Chapter 5.08
GENERAL REGULATIONS
No alcoholic liquor and no fermented malt beverage shall be sold or served to any intoxicated
person or to any person under twenty-one (21) years of age. (Code 1971, § 4-25; Ord. No. 35-1978, § 1;
Ord. No. 1-2012§1)
Sec. 5.08.020. Consumption prohibited.
(a) No person under the age of twenty-one (21) shall be permitted to consume alcoholic liquor on
the licensed premises. No person under the age of eighteen (18) shall be permitted to consume fermented
malt beverages on the licensed premises.
(b) No person licensed to sell fermented malt beverages shall allow the consumption or display of
alcoholic beverages on the licensed premises or serve any liquids for the purpose of mixing with alcoholic
liquor. The presence of alcoholic liquor on the premises of such a licensee shall be prima facie evidence
of possession of alcoholic liquor for the purpose of sale; and the serving of any liquid for the purpose of
mixing with alcoholic liquors shall be prima facie evidence that alcoholic liquor is being permitted to be
consumed or displayed contrary to this Chapter.
(c) No alcoholic liquor shall be consumed on any licensed premises unless the premises is
licensed to sell alcoholic liquor for consumption on the premises. No fermented malt beverage shall be
consumed on any licensed premises unless the premises is licensed to sell fermented malt beverages for
consumption on the premises. (Code 1971, § 4-26; Ord. No. 35-1978, § 1)
Sec. 5.08.030. Employment of persons under certain age prohibited.
Repealed by Ordinance No. 1 2012 §2. (Code 1971, § 4-27; Ord. No. 35-1978, § 1)
Sec. 5.08.040. Gambling.
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VII.b
No gambling or any gambling device shall be permitted on any licensed premises. (Code 1971,
§ 4-28; Ord. No. 35-1978, § 1)
Sec. 5.08.050. Report of disturbances.
All licensees shall immediately report to the Aspen Police Department any unlawful or disorderly
act, conduct or disturbance committed on the licensed premises. Repeated failure to comply with the
requirements of this Section shall constitute prima facie evidence that the licensee has failed to conduct
the licensed premises in a decent, orderly and respectful manner as required by Regulation 47-105.1 of
the Colorado Liquor Code or Section 12-47-105, C.R.S. (Code 1971, § 4-28.1; Ord. No. 8-1994, § 5)
Sec. 5.08.060. Open containers.
(a) No person shall carry or have any open container of alcoholic liquor or fermented malt
beverage in any vehicle or on any street, sidewalk, alley or other public way or public place or in any
public place except in a licensed premises.
(b) No person having legal possession of a public place shall allow the possession of open
containers in violation of the provisions of Paragraph (a) of this Section. The furnishing of ice, glasses,
containers or of any liquid for the purpose of mixing with alcoholic liquors shall be prima facie evidence
that open containers are being allowed contrary to this Chapter. (Code 1971, § 4-29; Ord. No. 35-1978,
§ 1)
Cross reference—Drinking liquor or possession of open containers on public property prohibited, § 15.04.180.
Sec. 5.08.070. Definitions.
As used in this Chapter, unless the context otherwise requires:
(a) Manager or owner/operator means any person who manages or is the owner/operator
preparing, serving, selling or otherwise providing alcoholic beverages pursuant to licenses issued
therefor. The Manager or owner/operator shall not include persons who sell, serve or dispense
alcoholic beverages in the capacity of volunteer or persons employed as a clerk or checkout
person in an establishment licensed as a retail liquor store.
(b) Licensee means a natural, legal person selling malt, vinous and spirituous beverages
pursuant to and authorized by a license issued pursuant to Section 12-46-101 et seq., C.R.S.
(Colorado Beer Code) or 12-47-101 et seq., C.R.S. (Colorado Liquor Code) or 12-48-101 et seq.,
C.R.S. (Special Events Permits) by the City and the State.
(c) Server means any person who is employed by a licensee to prepare, serve, sell or
otherwise provide alcoholic beverages pursuant to licensee's license. Server shall not include
persons who sell, serve or dispense alcoholic beverages in the capacity of volunteer or persons
employed as a clerk or checkout person in an establishment licensed as a retail liquor store.
(d) Optional premises means premises located on an applicant's outdoor sports and
recreational facility.
(e) Hotel and Restaurant License with Optional Premise means premises specified in an
application for a hotel and restaurant license with related outdoor sports and recreational
facilities, for the convenience of its guests or general public located on or adjacent to the hotel or
restaurant.
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VII.b
(f) Doorperson/Bouncer - The informal title for one who acts as a gatekeeper, performs
general security duties, and maintains a positive working relationship with the police department for a
licensed establishment.
(Code 1971, § 4-29.1; Ord. No. 23-1990, § 1; Ord. No. 49-1992, § 1; Ord. No 17-1993, § 1)
Sec. 5.08.080. Education requirements.
(a) All managers or owner/operators registered with the State and the Local Licensing Authority
shall have a valid certificate evidencing successful completion of an educational liquor seminar approved
by the Local Licensing Authority. The certificate received by persons who successfully complete the
educational liquor seminar shall be valid for a period of three (3) years.
(b) After the effective date of this Section, persons who become new managers or
owner/operators registered with the State and the Local Licensing Authority are required to attend a
liquor seminar approved by the Local Licensing Authority within two (2) months of registration and
receive a Certificate of Completion.
(c) Every licensee shall ensure that, at a minimum:
1. Seventy-five percent (75%) of all servers employed by the licensee shall have
successfully completed within six (6) months of the effective date of this Ordinance,
and at all times thereafter, an educational liquor seminar approved by the Local
Liquor Licensing Authority.
2. Fifty percent (50%) of all door people/bouncers currently employed by the licensee
shall have successfully completed within six (6) months of the effective date of this
Ordinance and at all times thereafter, an educational “Bouncer/Doorperson” seminar
provided by the Aspen Police Department or an educational liquor seminar approved
by the Local Licensing Authority.
3. The certificate received by a participant who successfully completes either an
educational liquor seminar or a bouncer/doorperson seminar shall be valid for a
period of three (3) years.
(d) Every agency offering a course of instruction approved by the Local Licensing Authority shall
issue a certificate to those enrollees who successfully complete the liquor educational seminar. The
certificate shall indicate the date of the completion of the training and the date of the certificate expiration
and shall be evidence at a minimum that the person has been in actual attendance the required minimum
number of hours at the course and has achieved a reasonable mastery of the subject matter presented. No
agency approved by the City Council to provide manager or owner/operator training shall issue a
certificate unless the person has actually attended and achieved a reasonable mastery of the materials.
(e) The local licensing authority shall establish, by resolution, the general criteria for courses and
qualifications of instructors which shall satisfy the liquor educational requirements of this Section. These
requirements shall be available in the office of the City Clerk. Any qualified person may submit to the
Local Licensing Authority a request that a particular seminar be deemed to meet the educational
requirements. The licensing authority or its designee may make such determination. A file of all course
requirements shall be available in the office of the City Clerk.
(f) At the time a licensee files an application to renew or transfer a liquor license or to change the
location of the licensed premises or to change the corporate structure, the licensee shall submit to the City
Clerk information to prove that the requisite percentage of servers, managers and/or owner/operators
required to be certified under this Chapter have certificates in full force and effect. All licensees shall
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VII.b
maintain a file of current certificates for all servers, managers and owners/operators employed by said
licensee and shall exhibit copies of said certificates when requested to do so by the City Clerk, the Chief
of Police, his employees or other appropriate officials of the City. Failure to comply with this Section
shall be considered a violation of the conditions of the issuance of a license in addition to a violation of
this Code and may be punished accordingly. (Code 1971, § 4-29.2; Ord. No. 23-1990, § 1; Ord. No. 49-
1992, § 1; Ord. No. 53-2007)
Sec. 5.08.090. Reseal and removal of open vinous liquor container.
A hotel or restaurant licensee or his or her employee, may permit a customer to reseal and remove
from the licensed premises one (1) opened container of partially consumed vinous liquor purchased on the
premises so long as the original container does not contain more than seven hundred fifty (750) milliliters
of vinous liquor. (Ord. No. 24-2004 § 3)
1 Cross reference—Taxation generally, Title 23.
Chapter 5.12
OCCUPATION TAX1
Sec. 5.12.010. Declaration of policy and purposes.
The City Council hereby finds, determines and declares that considering the nature of the business
of selling at retail fermented malt beverages and alcoholic liquors and the relation of such business to the
municipal welfare, as well as the relation thereof to the expenditures required of the City and a proper,
just and equitable distribution of tax burdens within the City and all other matters proper to be considered
in relation thereto, that the classification of such business as a separate occupation within this Chapter is
reasonable, proper, uniform and nondiscriminatory and that the amount of tax hereby imposed is
reasonable, proper, uniform and nondiscriminatory and necessary for a just and proper distribution of tax
burdens within the City. (Code 1971, § 4-30; Ord. No. 35-1978, § 1)
Sec. 5.12.020. Classification of operators.
The business of selling at retail any fermented malt beverages and alcoholic liquor, other than
medicinal liquors, is hereby defined and separately classified for the purposes of this Chapter as follows:
Class "A" Operators. All operators who are licensed to sell alcoholic liquors for consumption
on the premises either as hotels or restaurants or taverns shall be class "A" operators.
Class "A-1" Operators. All operators who are licensed to sell alcoholic liquors for
consumption on the premises as hotel and restaurants and determined to be "modest
establishments" as hereinafter defined shall be class "A-1" operators.
Class "A-2" Operators. All operators who are licensed to sell alcoholic liquors for
consumption on the premises either as hotel and restaurants or taverns and determined to be
"dance cabarets" as hereinafter defined shall be class "A-2" operators.
Class "B" Operators. All operators licensed to sell beer and wine only by the drink for
consumption on the premises shall be class "B" operators.
Class "B-1" Operators. All operators who are licensed to sell beer and wine only for
consumption on the premises and determined to be "modest establishments" as hereinafter
defined shall be class "B-1" operators.
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Class "C" Operators. All operators licensed as retail liquor stores or as drugstores to sell in
original containers for consumption off the premises shall be class "C" operators.
Class "D" Operators. All operators licensed to sell alcoholic liquors as arts shall be
class "D" operators.
Class "E" Operators. All operators licensed to sell alcoholic liquors as clubs shall be class "E"
operators.
Class "F-1" Operators. All operators licensed to sell fermented malt beverages and who sell
the same for consumption on the premises shall be class "F-1" operators.
Class "F-2" Operators. All operators licensed to sell fermented malt beverages and who sell
the same solely in the original package or container for consumption off the premises shall be
class "F-2" operators.
Class "F-3" Operators. All operators licensed to sell fermented malt beverages and who sell
the same for consumption on the premises and in the original package or container for
consumption off premises shall be class "F-3" operators.
The words defined below shall have the meanings set forth below whenever they appear in this
Chapter.
Dance cabaret means an establishment licensed to sell alcoholic beverages providing either
live or recorded entertainment and space for patron dancing.
Modest establishment means an establishment with a hotel and restaurant or beer and wine
liquor license which has fifty (50) seats or less, not including outdoor seating and twenty percent
(20%) or less of its gross revenue derives from the sale of alcoholic beverages. (Code 1971, § 4-
31; Ord. No. 35-1978, § 1; Ord. No. 75-1981, § 1; Ord. No. 6-1992, § 1)
Sec. 5.12.030. Tax levy and assessment.
There is hereby levied and assessed an annual occupation tax upon the business of selling
fermented malt beverages and alcoholic liquors, except medicinal liquors, in the City, as such
occupation has been classified in Section 5.12.020 above, as follows:
(1) For all class "A" operators the sum of $1,365.00.
(2) For all class "A-1" operators the sum of 910.00.
(3) For all class "A-2" operators the sum of 1,750.00.
(4) For all class "B" operators the sum of 910.00.
(5) For all class "B-1" operators the sum of 610.00.
(6) For all class "C" operators the sum of 910.00.
(7) For all class "D" operators the sum of 165.00.
(8) For all class "E" operators the sum of 350.00.
(9) For all class "F-1" operators the sum of 375.00.
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(10) For all class "F-2" operators the sum of 375.00.
(11) For all class "F-3" operators the sum of 375.00.
For all class "A," "B," "D" and "E" operators with extended hours permits (8:00 p.m. to midnight on
Sundays and Christmas), there shall be an additional occupation tax of two hundred seventy-five dollars
($275.00). (Code 1971, § 4-32; Ord. No. 35-1978, § 1; Ord. No. 75-1981, § 2; Ord. No. 50-1988, § 1;
Ord. No. 6-1992, § 2)
Sec. 5.12.040. Payment required prior to issuance of license.
The tax prescribed in Section 5.12.030 above shall be due and payable to the City Clerk at the time
the City license shall be issued and such license shall not be issued until the tax is paid in full. (Code
1971, § 4-33; Ord. No. 35-1978, § 1)
Sec. 5.12.050. Revenue receipt.
Upon receipt of the tax, paid as required by this Chapter, it shall be the duty of the Director of
Finance to execute and deliver to the operator paying the tax, a revenue receipt showing the name of the
operator paying the tax, the date of payment, the annual period for which such tax is paid and the place at
which such operator conducts business. (Code 1971, § 4-34; Ord. No. 35-1978, § 1)
Sec. 5.12.060. Posting of receipt required.
The operator shall, at all times during the year, keep the receipt for the tax paid in accordance with
this Chapter posted in a conspicuous place in his or her place of business. (Code 1971, § 4-35; Ord. No.
35-1978, § 1)
Sec. 5.12.070. No refund of tax.
No refund of the tax required by this Chapter shall be made by reason of the discontinuance of the
business prior to the expiration of a license to sell fermented malt beverages and alcoholic liquors. (Code
1971, § 4-36; Ord. No. 35-1978, § 1)
Sec. 5.12.080. Delinquency.
Delinquency in payment shall not be a ground for suspension or revocation, nor shall it be
considered by the Council upon transfer or renewal. (Code 1971, § 4-37; Ord. No. 35-1978, § 1)
Sec. 5.12.0090 Recovery of amount due by City.
The City shall have the right to recover all sums due by the terms of this Chapter, by judgment and
execution thereon in a civil action, in any court of competent jurisdiction. Such remedy shall be
cumulative with all other remedies of this Chapter. (Code 1971, § 4-38; Ord. No. 35-1978, § 1)
Chapter 5.16
Marijuana Licensing
Sec. 5.16.010 Short Title.
This Chapter is to be known and may be cited as the “City of Aspen Marijuana Code.”
Sec. 5.16.020. Declaration of policy and purpose.
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The City Council hereby declares that the purpose of this Chapter is to exercise the authority of the
City of Aspen to allow state-licensed medical marij uana establishments and retail
marijuana establishments to exist in the City of As pen in accordance with applicable
state laws and regulations and in accordance with t he local licensing requirements and
other restrictions set forth herein. The City Council intends that the City issue local licenses as
authorized by the Colorado Constitution, state law and regulations and that the City's licensing
requirements be consistent with those for state licenses under state law and regulations, except those
requirements that are left to local discretion or are otherwise of local concern, as set forth in this Chapter.
Sec. 5.16.030. Colorado Medical Marijuana Code and Retail Marijuana Code and regulations
adopted.
Except where the provisions of this Chapter are inconsistent with or differ from the laws, rules, and
regulations adopted by reference in this section, the provisions of the Colorado Medical Marijuana
Code, Article 43.3, Title 12, C.R.S., as amended, a nd the Colorado Retail Marijuana Code,
Article 43.4, Title 12, C.R.S. and the provisions of Colorado Rules and Regulations adopted under
the authorization granted by those provisions are adopted and made a part of this Code as if set out in full.
At least one (1) copy of the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code and
all rules and regulations promulgated pursuant thereto shall be kept on file in the office of the City Clerk
and shall be available for inspection during regular business hours.
Sec. 5.16.040. Definitions.
Except where specifically defined in this Section, the definitions contained in the state constitution, the
Medical Marijuana Code, the Retail Marijuana Code, and the rules and regulations promulgated thereunder
shall apply to this Chapter. In addition, the following definitions shall apply:
a) Retail Marijuana Code shall mean article 43.4 of title 12, C.R.S., and any rules or
regulations promulgated thereunder, as amended.
b) Medical Marijuana Code shall mean article 43.3 of title 12, C.R.S. and any rules or
regulations promulgated thereunder, as amended.
c) Licensed Premises means the premises specified in an application for a license pursuant to this
article and either the Medical Marijuana Code or the Retail Marijuana Code, which are
owned or in lawful possession of the Licensee and within which the Licensee is authorized to
cultivate, manufacture, distribute, sell, or test retail marijuana in accordance with the provisions
of this article, section 16 of article XVIII of the Colorado Constitution, and the Colorado
Retail Marijuana Code.
d) Licensee means a person licensed or registered pursuant to the Colorado Retail Marijuana
Code or the Colorado Medical Marijuana Code and this Chapter.
e) Medical Marijuana Establishment includes a medical marijuana center, a medical marijuana-
infused product manufacturer, or an optional premises cultivation operation.
f) Open and public means a place open to the general public, which includes a place to which
the public or a substantial number of the public has access without restriction, including but
not limited to highways, streets and sidewalks, transportation facilities, places of
amusement, parks,playgrounds, and the common areas of public buildings and facilities
that are generally open oraccessible to memberso of the public without restriction.
g) Openly means not protected from unaided observation lawfully made from outside its
perimeter not involving physical intrusion.
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h) Publicly means an area that is open to general access without restriction.
i) Retail Marijuana Establishment includes retail mauijuana store, retail marijuana cultivation
facility, retail marijuana product manufacturing facility, and retail marijuana testing facility.
j) Operating fees means fees that must be paid by a licensee for the costs as authorized in section
16(5)(f) of article XVIII of the Colorado Constitution, or as may be more fully defined in the
Colorado Retail Marijuana Code, including but not limited to inspection, administration, and
enforcement of retail marijuana establishments authorized pursuant to this article.
k) State medical marijuana license pending or pending state medical marijuana license
means a complete application has been filed and accepted and all required fees paid to the
state licensing authority.
Sec. 5.16.050 Local Licensing Authority.
The Local Licensing Authority established in Section 5.04.040 of this Title, incorporated herein by this
reference in its entirety, shall be the local licensing authority for all marijuana licenses issued by the City
of Aspen. In addition to those powers and duties set out in Section 5.04.040, the Authority shall have all
the powers and duties as are set forth in this article, in the Colorado Retail Marijuana Code, the Colorado
Medical Marijuana Code and subsection 5(e) of section 16 of article XVIII of the Colorado Constitution
Sec. 5.16.060 City license required.
On and after the effective date of this Chapter;
a. No person may operate a medical marijuana establishment, a retail marijuana establishment, or a
dually located medical marijuana establishment and a retail marijuana establishment within the
City without both a valid license issued by the Local Licensing Authority and a valid license
issued by the State Licensing Authority; provided, however, that any Medical Marijuana
Establishment legally operating with a state medical marijuana license or with a state medical
marijuana license pending and a local business license within the City limits on the effective date
of this Chapter may continue in operation until final action on the state and Aspen Marijuana Code
license applications, subject to the following requirements:
1. The applicant applies for a medical marijuana license under this Chapter within thirty (30)
days of the effective date of this Chapter, and
2. Should the State or City marijuana license be denied for any reason, the applicant agrees
to cease operations within the City within thirty (30) days of receipt of notice of denial or
within thirty days of the denial of any appeal.
b. A separate license shall be required for each specific business and for each geographic location.
Sec. 5.16.070 Authority to issue City license; qualification; referral; appeal.
a. An applicant for a City license under this Chapter shall apply therefor to the City Clerk on
forms provided by the City Clerk. The City Clerk is responsible for providing application forms to
prospective applicants, and for generally supervising the application process up to the point that a
completed application is submitted to the Local Licensing Authority for a decision. Once an
application is determined to be complete, the application and all supporting documentation shall be
forwarded to the Local Licensing Authority. The Local Licensing Authority shall make a final
decision on the application in accordance with Section 5.16.---
b. The Local Licensing Authority may issue any type of license authorized by the Retail
Marijuana Code or the Medical Marijuana Code, currently including the following:
Retail marijuana store license
Retail marijuana cultivation facility license
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VII.b
Retail marijuana product manufacturing facility license
Retail marijuana testing facility license
Medical marijuana center license
Optional premises cultivation license
Medical marijuana-infused products manufacturing license
c. In order to qualify for a City license under this Chapter, an applicant must meet all conditions for
the issuance of the parallel state license prescribed by the Medical Marijuana Code and the Retail
Marijuana Code and shall meet all requirements of this Chapter, provided, however, that the fees
for a City license are those prescribed by Section 5.16.140 of this Code.
d. Upon receipt of a properly completed application, together with all information required in
connection therewith, and the payment of the applicable fee as required by Section 5.16.140, the
City Clerk shall transmit copies of the application to:
1. the Police Department;
2. the Department of Community Development;
3. the Environmental Health Department; and
4. any other person or agency that the Local Licensing Authority determines
should properly investigate and comment upon the application.
e. Upon receipt of a completed application the Police Department shall promptly obtain
and review a criminal background records search on the applicant. The Police
Department may use the background records search conducted by the state for any state
marijuana license application if it is available.
f. Within twenty days of receipt of a completed application those City departments and
other referral agencies described in subsection d. of this Section shall provide the Local
Licensing Authority with comments concerning the application.
g. An applicant shall cooperate with the Local Licensing Authority with respect to the
review and investigation of the application.
h. The Authority shall provide the State with written notice of its decision on each license
application.
i. The Authority shall promptly notify the applicant of its decision by giving written notice
to the applicant at applicant’s current mailing address. In the event of a denial
or a conditional approval, the Authority will provide the applicant with a written
statement containing the reasons for denial or the conditions of the approval.
j. The Authority shall consider each application and either approve, deny or conditionally
approve an application within ninety days(90) days of receipt when, after considering
any application forwarded to it by the State and from such other information as may
otherwise be obtained or requested by the Authority, the Authority determines that
the application complies with all of the requirements of this article, including the
following:
(i) The application, including any required attachments and submissions, is
complete and signed by the applicant;
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(ii) The applicant has paid the fees required by this Chapter;
(iii) The application does not contain a material falsehood or
misrepresentation;
(iv) The location of the Retail Marijuana Establishment or Medical Marijuana
Establishment is proposed to be located on a premise permitted by the applicable
zoning and the land use code;
(v) The location of the Retail Marijuana Establishment or Medical Marijuana
Establishment is not within 1000 feet of any school or any alcohol or drug
treatment facility; and
(vi) The applicant meets or otherwise will meet all the requirements of this
Chapter, including the requirements of the applicable state laws and regulations
incorporated herein.
k. If the Local Licensing Authority approves conditionally or denies a license, the
licensee may appeal the conditional approval or denial to the district court
pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The
licensee’s failure to timely appeal the decision is a waiver the licensee’s right to
contest the conditional approval or denial of the application.
Sec. 5.16.080 State law procedure, public hearing required.
a. Except as may be amended by this Chapter, provisions of the Medical
Marijuana Code and the Retail Marijuana Code governing procedures for applications,
hearing and decisions for state licenses shall apply for City licenses.
b. Public Hearing. Upon receipt of an application for a local license, except an
application for renewal, for transfer of ownership, for modification of premises or change of
location within the City, the Authority will schedule a public hearing upon the application.
When the Authority schedules a hearing, it shall post and publish public notice thereof not less
than ten(10) days prior to the hearing. The Authority shall give public notice by the posting
of notice in a conspicuous place on the premises for which application has been made and by
publication in a newspaper of general circulation in Pitkin County, Colorado .
Sec. 5.16.090 Term and renewal of licenses.
a. Each license issued pursuant to this Chapter shall be valid for one year from the date of issuance,
and may be renewed as provided in the applicable code, the applicable administrative regulations, and
this Chapter; provided, however, that a license shall not be renewed if the Local Licensing Authority
determines that the licensed premises have been inactive, without good cause, for at least one year.
b. The Local Licensing Authority may refuse to renew a license for good cause.
c. No license shall be renewed by the Local Licensing Authority until the licensee provides
verification that the license has been renewed by the State Licensing Authority.
d. Notwithstanding anything contained in this Chapter to the contrary, a licensee has no vested right to
the renewal of a license, and no property right in the renewal of a license
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VII.b
Sec. 5.16.100 Change of location.
Change of location of any license shall be governed by the standards and procedures set forth in the Retail
or Medical Marijuana Code and regulations adopted pursuant thereto and shall be administered by the
Authority in the same manner as the state licensing authority administers changes of location.
a. No change of location of a licensed premises shall be approved by the Local Licensing Authority if
the proposed new location of the licensed premises is not a location that is permitted by City zoning or
by this Chapter..
Sec. 5.16.110 Modification of premises.
Modification of the premises of any license shall be governed by the standards and procedures set forth in
the Retail or Medical Marijuana Code and regulations adopted pursuant thereto and shall be administered
by the Authority in the same manner as the state licensing authority administers changes of location.
Sec. 5.16.120 Transfer of ownership.
Transfer of ownership of any license shall be governed by the standards and procedures set forth in the
Retail or Medical Marijuana Code and regulations adopted pursuant thereto and shall be administered by
the Authority in the same manner as the state licensing authority administers changes of location.
Sec. 5.16.130 Manager and employee requirements.
Manager and employee qualifications, registration and badging shall be governed by the standards and
procedures set forth in the Retail or Medical Marijuana Code and regulations adopted pursuant thereto.
Sec. 5.16.140 License and application fees.
An applicant for a new license shall pay to the City a non-refundable operating fee when the application is
filed. The purpose of the fee is to cover the direct and indirect costs to the City of administering the local
licensing mechanism established by this Chapter and is in lieu of separate application and licensing fees.
For applications filed in 2013 or 2014 for the operating year 2014, the operating fees are as follows:
a. New medical marijuana business license:
Type of License
Local Operating fee
Type 1 Medical
Marijuana Center
$2000.00
Type 2 Medical
Marijuana Center
$2000.00
Type 3 Medical
Marijuana Center
$2000.00
Optional Premises
Cultivation License
$2000.00
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VII.b
Medical Marijuana-
Infused Products
Manufacturers’
License
$2000.00
b. Medical marijuana center applying for retail marijuana store license:
Type of License Local Operating fee
Medical Marijuana
Center 1 Applying For
Retail Marijuana
Store License
$2000.00
Medical Marijuana
Center 2 Applying For
Retail Marijuana
Store License
$2000.00
Medical Marijuana
Center 3 Applying For
Retail Marijuana
Store License
$2000.00
c. New retail marijuana establishment license:
Type of License Local Operating Fee
Retail Store $2000.00
Retail Marijuana
Cultivation Facility
$2000.00
Retail Marijuana
Products
Manufacturing
$2000.00
Retail Marijuana Testing
Facility
$2000.00
3. Fees for the annual renewal of any license issued by the City shall be fifty percent of the
fee for the issuance of a new license as described above.
4. The following administrative service/operating fees shall be paid to Town at the time
the service is requested:
Service Requested Fee
Transfer of Ownership of
Business License or
Application
$700.00
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VII.b
Corporation or LLC Structure
Change (per person)
$100.00
Change of Location
$500.00
Modification of Premises $150.00
5. The City is entitled to receive its share of the license application fees received by the
State Licensing Authority pursuant to Section 16 of Article XVIII of the Colorado
Constitution and the Retail Marijuana Code, in addition to the fees set forth above.
6. As part of the annual budget process, the amount of fees charged by the City pursuant to
this Section shall be reviewed and, if necessary, adjusted to reflect the direct and
indirect costs incurred by the Town in connection with the adoption, administration, and
enforcement of this Chapter.
7. Beginning with the fiscal 2015 budget, the amount of the fees charged by the City
pursuant to this Section shall be fixed by City Council as part of its annual budget
process. If, for any reason, such fees are not fixed by City Council as part of its annual
budget process, the fees for the preceding year shall continue in full force and effect
until changed by City Council.
Sec. 5.16.150. Suspension or revocation of license.
a. A license issued by the Local Licensing Authority may be suspended or revoked by the Local
Licensing Authority in accordance with the standards and procedures set forth in the applicable
code, the applicable administrative regulations, and this Chapter.
b. In addition to the standards set forth in the applicable code and the applicable administrative
regulations, a violation of this Chapter, or of the terms and conditions of a license issued by the
Local Licensing Authority pursuant to this Chapter, may be grounds for the suspension or
revocation of a license issued by the Local Licensing Authority.
c. In connection with the suspension of a license, the Local Licensing Authority may impose
reasonable conditions.
d. In deciding whether a license should be suspended or revoked, and in deciding what conditions to
impose in the event of a suspension, if any, the Local Licensing Authority shall consider:
1. the nature and seriousness of the violation;
2. corrective action, if any, taken by the licensee;
3. prior violation(s), if any, by the licensee;
4. the likelihood of recurrence;
5. all circumstances surrounding the violation;
6. whether the violation was willful or deliberate;
7. the number of previous violations by the licensee;
8. previous sanctions, if any, imposed against the licensee; and
9. whether the owner or manager is the violator or has directed an employee or other
individual to violate the law.
e. If an offense is described in the applicable administrative regulations, the Licensing Authority shall
follow the provisions of such regulation in deciding the appropriate sanction to be imposed upon
the licensee.
f. The Authority may impose a civil penalty or fine in lieu of or in addition to a suspension, as set
forth in section 5.04.04
g. A license issued by the Local Licensing Authority may be revoked if the Local Licensing Authority
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VII.b
determines that the licensed premises have been inactive, without good cause, for at least one
year.
h. If the Local Licensing Authority suspends or revokes a license the licensee may appeal the
suspension or revocation to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of
Civil Procedure. The licensee’s failure to timely appeal the decision is a waiver the licensee’s right
to contest the suspension or revocation of the license.
i. No fee previously paid by a licensee in connection with a license shall be refunded if the licensee’s
license is suspended or revoked.
Sec. 5.16.160 Unlawful acts.
The following acts are prohibited and unlawful and are punishable as set forth it Section 1.04.080 unless
otherwise specified:
(a). The possession, use or consumption of marijuana by any person under 21 years of age,unless such
possession, use or consumption is authorized under Article 43.3 of Title 12, C.R.S. A first offense shall
be punished by a fine not to exceed $100.00; a second offense shall be punished by a fine of not more than
$250.00, and any third or subsequent offense shall be punished as set forth in Section 1.04.080.
(b). The possession, use or consumption of marijuana openly and publicly by any person. A first offense
shall be punished by a fine not to exceed $100.00; a second offense shall be punished by a fine of not
more than $250.00, and any third or subsequent offense shall be punished as set forth in Section 1.04.080.
(c). The transfer of any amount of marijuana by any person twenty-one years of age or older to any
person who is less than twenty-one years of age.
(d). Other than within licensed premises, the open or public display of marijuana or marijuana products
for sale, such as at a Saturday market.
(e). The operation of any public or private club or business allowing the consumption of marijuana on the
premises.
Sec. 5.16.170 Effective date; applicability.
This Chapter shall be effective thirty days after final passage and shall govern all applications submitted
to the City for licensing of any retail or medical marijuana establishment in the City under the Retail or
Medical Marijuana Code on and after that date.
Sec. 5.16.180 Transition Period.
a. Prior to January 1, 2015, no retail marijuana establishment shall be licensed or otherwise
permitted in the City unless, as of October 1, 2013:
1. The applicant for licensing is currently operating in good standing a state licensed
medical marijuana business within the City or has a pending state medical marijuana
license application within the City and has a City business license and the applicant
proposes to surrender the existing medical marijuana license upon receipt of a retail
marijuana license, thereby converting the existing medical marijuana establishment
into a retail marijuana establishment; or
2. The applicant for licensing is currently operating in good standing a licensed medical
marijuana business within the City or has a pending state application for a licensed
medical marijuana business within the City and has a City business license and the
applicant proposes to retain the existing medical marijuana license while locating a
retail marijuana establishment under common ownership at the same location to the
extent allowed by the Colorado Retail Marijuana Code and applicable state rules and
regulations.
b. Prior to January 1, 2015, any person who obtains a transfer of ownership of an existing
medical marijuana business that is duly licensed under both the Medical Marijuana Code and
this Chapter may qualify for retail licensing as allowed by subsection (a) of this section.
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VII.b
c. Prior to January 1, 2015, any person who obtains a change of location of an existing medical
marijuana business that is duly licensed under both the Medical Marijuana Code and this
chapter may qualify for retail licensing as allowed by subsection (a) of this section.
d. On and after October 1, 2014, any person who otherwise qualifies for licensing under
applicable state and city laws may apply for licensing of a retail marijuana establishment in the
City, regardless of whether or not the applicant is the owner of an existing medical marijuana
business in the City; provided that such license shall not issue any sooner than January 1, 2015.
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1
MEMORANDUM
TO: Mayor Skadron and City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: First Reading of Ordinance #40, Series of 2013, AspenModern negotiation for
historic designation of 624 W. Francis Street, Unit B, Starri Condominiums
DATE: September 23, 2013
SUMMARY:
624 W. Francis Street is one unit in a
duplex that was built in 1964.
The subject property recently sold and the
new owners have applied for voluntary
landmark designation through the
AspenModern program. Only Unit B of
this condominiumized property is being
reviewed for designation. The unit
represents the Modern Chalet style of
Aspen architecture and is identified as a
potential historic resource on the
AspenModern map.
The AspenModern process permits negotiation of special preservation incentives. Simultaneous
with the designation request, the applicant plans a remodel. Expedited review of both the land
use application and building permit are requested, along with development fee waivers and a
floor area bonus.
The Historic Preservation Commission reviewed the application on September 11th and
recommended Council support the designation and incentives, by a 4-0 vote. Staff recommends
Council approve this ordinance on First Reading.
APPLICANT: 624 W. Francis LLC, represented by Kim Raymond Architects.
PARCEL ID: 2735-124-09-012.
ADDRESS: 624 W. Francis Street, Unit B, Starri Condominiums, City and Townsite of Aspen,
CO.
ZONING: R-6
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VII.c
2
HISTORIC DESIGNATION
AspenModern Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures
as an example of AspenModern, an individual building, site, structure or object or a collection of
buildings, sites, structures or objects must have a demonstrated quality of significance. The
quality of significance of properties shall be evaluated according to criteria described below.
When designating a historic district, the majority of the contributing resources in the district
must meet at least two of the criteria a-d, and criterion e described below:
a. The property is related to an event, pattern, or trend that has made a contribution to
local, state, regional or national history that is deemed important, and the specific event,
pattern or trend is identified and documented in an adopted context paper;
b. The property is related to people who have made a contribution to local, state,
regional or national history that is deemed important, and the specific people are identified
and documented in an adopted context paper;
c. The property represents a physical design that embodies the distinctive characteristics
of a type, period or method of construction, or represents the technical or aesthetic
achievements of a recognized designer, craftsman, or design philosophy that is deemed
important and the specific physical design, designer, or philosophy is documented in an
adopted context paper;
d. The property possesses such singular significance to the City, as documented by the
opinions of persons educated or experienced in the fields of history, architecture, landscape
architecture, archaeology or a related field, that the property’s potential demolition or major
alteration would substantially diminish the character and sense of place in the city as
perceived by members of the community, and
e. The property or district possesses an appropriate degree of integrity of location,
setting, design, materials, workmanship and association, given its age. The City Council shall
adopt and make available to the public score sheets and other devices which shall be used by
the Council and Historic Preservation Commission to apply this criterion.
Staff Response:
There is relatively little documentation of the subject building. The original building permit is
attached as Exhibit B. Only minor additional permits, including a very modest expansion on the
west side of the house, are on record. Following is an explanation of the Modern Chalet style,
from the paper “Aspen’s Twentieth Century Architecture: Modernism 1945-1975.
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Modern Chalet
A distinctive postwar housing type in Aspen is locally termed a modern chalet. With its
moderately pitched gable roof oriented to the front, it recalls traditional chalets associated
with ski country, but in its expansive glass and minimal decoration, it also seems classically
modernist, as if the architect and client liked the chalet idea for Aspen’s emerging ski
identity, but updated it and made it modern to fit the community’s avant-garde tastes.
Characteristically, modern chalets have low-to-moderately pitched roofs based on a 3:12
ratio; broad façades organized in rectilinear solid or glass panels; overhanging eaves,
frequently with exposed roof beams; glass often extending to the eaves; minimal decoration;
and sometimes stone or brick piers. The symmetrical modern chalets generally have a
tripartite organization: a large central glazed area flanked by wood or masonry piers.
Predominantly built between the late 1950s and late 1960s, these compact buildings were
custom-designed for clients as well as erected by speculative builders. They have a
rectangular footprint and fit well on the gridded streets of the older West End and Shadow
Mountain neighborhoods. For the most part, their sizable window walls are oriented to
Aspen Mountain.
Although some modern chalets, such as 500 E. Durant Street, served commercial purposes, most
extant examples are residential. They encompass a range of options, from single family to
duplexes and even quadriplexes. While evoking such contemporaneous hybrid modernist
homes as Eichler in California, Honn in Oklahoma, Keck in Chicago, and Koch (Tech
Built) in the east, when compared side-by-side, the Aspen modern chalets not only look
different, but arise out of different circumstances. Eichler and the others were meeting the
postwar demand for suburban homes that fit the American dream of home ownership, up-to-
date while still affordable. The Aspen real estate market was geared toward affluent vacation
home owners who might be attracted to Aspen for a variety of reasons—the culture of the
Aspen Institute, the skiing of Aspen Mountain, the charm of an authentic western town, or the
cachet of owning property in such a desirable place.
Many of Aspen’s modern chalets were built in the West End, close to the Aspen Institute and its
intellectual and cultural offerings. Urban lots in this established neighborhood fitted the
compact modern chalets well, yet they still offered mountain views. The modern chalets
added to the West End’s rich building mix, including Victorian cottages and Second Empire
and Queen Anne mansions as well as postwar traditional gabled chalets and classic flat-roofed
modernist houses. Often two- and multiple-family structures, they also represent a shift in
Aspen’s evolution as a vacation destination serving both winter and summer tourists.
625 Gillespie Avenue, designed by Benedict.
City of Aspen files.
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4
In 1957, Benedict designed two free-standing early modern chalets side-by-side on
separate lots, at 625 & 615 Gillespie Avenue (demolished). Identical, the one- story
structures had a horizontal base of board-and- batten siding punctuated by two vertical
windows defining the ground floor, and glazing in the upper gabled section below the low-
pitched roof. Simple and straightforward, they were topped by overhanging eaves and an
extensive roof that encompassed a car port.
Five other West end modern chalets date from 1962 to
1965 and show the range of variations within this simple
vacation house (see left.) Many modern chalets have
glass to the eaves and flanking brick piers. Projecting
balconies cantilevered across the front, injecting a three-
dimensional rectilinear base that hover just above the
ground are also common characteristics.
Staff finds that historic designation criteria a and c are met. To date, one modern chalet
(designed by Fritz Benedict) has been designated. Seven, including the subject house, have been
identified as eligible structures located within the core of town. There are additional multi-
family examples that could be considered in the future. This particular style of postwar
architecture is a hybrid of other more common architectural approaches, adjusted to this
mountain environment. While some modern chalets were professionally designed, others, such
as 624 W. Francis, were owner or contractor interpretations. It is important to carefully consider
preservation opportunities for this small collection of Aspen structures.
The second component of designation is scoring the physical integrity of the building. Staff’s
score sheet is attached as Exhibit C.
Staff scored the building as a “Best” example of AspenModern, with 19 out of 20 points. This is
a classic example of the style, with relatively few alterations. Staff finds that designation
criterion e is met.
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HISTORIC PRESERVATION BENEFITS
The Community Development Director shall confer with the Historic Preservation
Commission, at a public meeting, regarding the proposed land use application or building
permit and the nature of the property. The property owner shall be provided notice of this
meeting.
The Historic Preservation Commission, using context papers and integrity scoring sheets
for the property under consideration, shall provide Council with an assessment of the
property’s conformance with the designation criteria of Section 26.415.030.C.1. When any
benefits that are not included in Section 26.415.110 are requested by the property owner,
HPC shall also evaluate how the designation, and any development that is concurrently
proposed, meets the policy objectives for the historic preservation program, as stated at
Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness
of designation and benefits, HPC shall determine whether the subject property is a “good,
better, or best” example of Aspen’s 20th century historic resources, referencing the scoring
sheets and matrix adopted by City Council.
Staff Response: The HPC has determined 624 W. Francis to be a “best” example of a modern
chalet. The incentives that have been requested as part of the AspenModern negotiation are:
Expedited review. A fundamental request of the applicant is that the review process for this
application, and the building permit, be expedited. Without the voluntary designation, the
applicant could proceed to building permit for the proposed remodel. The applicant wishes to
receive a permit for the landmarked project within the same timeframe that a non-landmark
remodel would have been processed, which is estimated to be an 8 week review. Second reading
of this ordinance scheduled for October 14th. The applicant may submit for permit the following
day. Because the ordinance goes into effect 30 days after approval, no permit can be issued until
November 15th, which staff suggests be the goal of a commitment to expedited review.
The building department has a procedure for the queuing of permits with special considerations.
Council can direct all City departments to expedite the permit as requested.
Waiver of permit review fees. Permit review fees are related to the valuation of the work and
the amount of square footage affected. An estimated cost of the permit review fees for this
project is $21,300. This includes plan check, zoning, energy code, engineering, construction
mitigation and GIS. The applicant also requests waiver of tap fees from the City Water
Department, at a value of approximately $1,800.
Although the proposed remodel is a relatively small project, stormwater mitigation fees may be
applicable. The applicant is working with the Engineering Department to identify the
requirements. REMP fees are also being defined. Waiver of some of these fees may be
requested at Second Reading.
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Waiver of impact fees. Building permits are subject to impact fees which include park fees,
transportation demand management fees and affordable housing mitigation. These fees are
calculated based on any increases in floor area. The proposed expansion involved in this
remodel is approximately 480 square feet of floor area. The approximate fee waiver for parks
and TDM would be $2,900. All landmarks typically receive waiver of these fees through
existing code provisions.
The project does not trigger demolition, therefore no affordable housing mitigation is required,
landmark or not.
The City cannot waive School Lands fees, estimated at $12,745, since they are collected on
behalf of the school district. Use taxes and Sanitation District fees also cannot be waived.
Tree removal. The applicant plans to remove a spruce tree in the center of the yard and an
aspen tree that is too close to the house. A waiver of tree removal mitigation is requested. The
Parks Department has visited the site and has determined that the trees are in declining health
and can be taken out. The aspen tree requires no mitigation for removal. The fee to remove the
spruce tree is $3,620.
Floor area bonus: HPC reviewed and approved alterations to the home on September 11th. The
board accepted all proposed alterations to the side and rear of the house, but was concerned with
changes to the deck on the front, most public, façade of the house. The applicant wished to fill in
the area below the cantilevered deck with new living space. As part of a dialogue regarding
preservation priorities and incentives, the applicant agreed to reduce the area of infill under the
deck and HPC awarded a 250 square foot floor area bonus that could be added to the rear of the
house or converted into a TDR at a future date.
The total floor area on this duplex property, after the proposed remodel of Unit B, will be less
than the maximum allowed for the site. However, Unit B is only entitled to 50% of the allowed
area. Because the project exceeds the maximum for Unit B by 72 square feet, HPC also
approved a floor area bonus in that amount as a preservation incentive.
______________________________________________________________________________
STAFF RECOMMENDATION: Staff recommends Council support the proposed
AspenModern landmark designation of 624 W. Francis Street on First Reading.
RECOMMENDED MOTION:
“I move to approve Ordinance No.__, Series of 2013 on First Reading.”
CITY MANAGER COMMENTS:________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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EXHIBITS:
Ordinance #__, Series of 2013
Exhibit A: Application
Exhibit B: Original building permit
Exhibit C: Integrity Score Sheet
Exhibit D: Condominium Plat
Exhibit E: Existing floor plans
Exhibit F: Proposed floor plans
Exhibit G: Proposed elevations
Exhibit H: Survey
Exhibit I: Draft HPC resolution
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Ordinance #__, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 1 of 4
ORDINANCE #40
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION AND
PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 624 W. FRANCIS
STREET, UNIT B, STARRI CONDOMINIUMS, BLOCK 21, CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID: 2735-124-09-012
WHEREAS, the applicant, 624 W. Francis LLC, represented by Kim Raymond Architects,
submitted an application on August 16, 2013, pursuant to Aspen Municipal Code Section
26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark
designation negotiation for the property located at 624 W. Francis Street, Unit B, Starri
Condominiums, Block 21, City and Townsite of Aspen, CO; and
WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation
period, “the Community Development Director shall confer with the Historic Preservation
Commission, during a public meeting, regarding the proposed building permit and the nature of
the property. The property owner shall be provided notice of this meeting;” and
WHEREAS, the property owner and representative met with the Historic Preservation
Commission on September 11, 2013; and
WHEREAS, at their regular meeting on September 11, 2013, the HPC considered the
designation and proposed development, and found that 624 W. Francis is a “best” example of the
modern chalet style in Aspen. HPC recommended City Council approval of Historic Landmark
Designation and preservation benefits; and
WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, “council
may negotiate directly with the property owner or may choose to direct the Community
Development Director, or other City staff as necessary, to negotiate with the property owner to
reach a mutually acceptable agreement for the designation of the property”; and
WHEREAS, Section 26.415.025.C(1)d establishes that “as part of the mutually acceptable
agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee
waiver permitted by the Municipal Code and may award any approval that is assigned to another
Board or Commission, including variations;” and
WHEREAS, the Community Development Department performed an analysis of the application
for Landmark Designation and found that the review standards are met; 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,
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Ordinance #__, Series of 2013
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Page 2 of 4
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AS FOLLOWS:
Section 1: Historic Landmark Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves Historic Designation for 624 W. Francis Street, Unit B, Starri
Condominiums, Block 21, City and Townsite of Aspen, Colorado, subject to the conditions
described herein.
Upon the effective date of this ordinance, the City Clerk shall record with the real estate records
of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the
historic landmark property designated by this ordinance shall be indicated on the official maps of
the City that are maintained by the Community Development Department.
Section 2: Aspen Modern Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby accepts the following incentive, granted by HPC.
1. Expedited review. Council directs all building permit review departments to expedite
review of the permit for the subject application. Provided that the applicant submits a
permit on October 15, 2013, and provided that the applicant responds to any requests for
additional information or revisions within 3 business days of the request, the Building
Department shall endeavor to issue the permit by November 15, 2013.
2. Waiver of permit review fees. Permit review fees for plan check, zoning, energy code,
engineering, construction mitigation and GIS shall be waived, along with tap fees the
City Water Department.
3. Waiver of impact fees. Parks and TDM fees for the permit shall be waived.
4. Tree removal. The fee to remove an aspen tree and spruce tree identified on the plans
shall be waived.
5. Floor area bonus: A 250 square foot floor area bonus has been awarded for use in a
future remodel to the house (to be reviewed and approved by HPC) or for a TDR, to be
issued by Council if requested at a future date. A 72 square foot floor area bonus has been
awarded for the proposed remodel of this property.
Section 3: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan and a
vested property right attaching to and running with the Subject Property and shall confer upon the
Applicant the right to undertake and complete the site specific development plan and use of said
property under the terms and conditions of the site specific development plan including any
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Page 3 of 4
approved amendments thereto. The vesting period of these vested property rights shall be for three
(3) years which shall not begin to run until the date of the publications required to be made as set
forth below. However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted
or extended, failure to properly record all plats and agreements required to be recorded, as
specified herein, within 180 days of the effective date of the development order shall also result
in the forfeiture of said vested property rights and shall render the development order void within
the meaning of § 26.104.050, Void Permits. Zoning that is not part of the approved site-specific
development plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval by the Historic Preservation
Commission, the City Clerk shall cause to be published in a newspaper of general circulation
within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the
approval of a site specific development plan and creation of a vested property right pursuant to
Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such
notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of
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: 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and
Townsite of Aspen, CO.
Nothing in this approval shall exempt the Development Order from subsequent reviews and
approvals required by this Ordinance of the general rules, regulations and ordinances or the City
of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance.
The vested rights granted hereby shall be subject to all rights of referendum and judicial review.
The period of time permitted by law to exercise the right of referendum to refer to the electorate
this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of
vested rights shall not begin to run until the date of publication of the notice of final development
approval as set forth above. The rights of referendum described herein shall be no greater than
those set forth in the Colorado Constitution and the Aspen Home Rule Charter.
Section 4: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Historic Preservation Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 5: Litigation
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
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Section 6: Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 7: Public Hearing
A public hearing on the ordinance shall be held on the 14th day of October, 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 23rd day of September, 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
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Ordinance #__, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 1 of 4
ORDINANCE #__
(Series of 2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION AND
PRESERVATION BENEFITS FOR THE PROPERTY LOCATED AT 624 W. FRANCIS
STREET, UNIT B, STARRI CONDOMINIUMS, BLOCK 21, CITY AND TOWNSITE OF
ASPEN, COLORADO
PARCEL ID: 2735-124-09-012
WHEREAS, the applicant, 624 W. Francis LLC, represented by Kim Raymond Architects,
submitted an application on August 16, 2013, pursuant to Aspen Municipal Code Section
26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark
designation negotiation for the property located at 624 W. Francis Street, Unit B, Starri
Condominiums, Block 21, City and Townsite of Aspen, CO; and
WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation
period, “the Community Development Director shall confer with the Historic Preservation
Commission, during a public meeting, regarding the proposed building permit and the nature of
the property. The property owner shall be provided notice of this meeting;” and
WHEREAS, the property owner and representative met with the Historic Preservation
Commission on September 11, 2013; and
WHEREAS, at their regular meeting on September 11, 2013, the HPC considered the
designation and proposed development, and found that 624 W. Francis is a “best” example of the
modern chalet style in Aspen. HPC recommended City Council approval of Historic Landmark
Designation and preservation benefits; and
WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, “council
may negotiate directly with the property owner or may choose to direct the Community
Development Director, or other City staff as necessary, to negotiate with the property owner to
reach a mutually acceptable agreement for the designation of the property”; and
WHEREAS, Section 26.415.025.C(1)d establishes that “as part of the mutually acceptable
agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee
waiver permitted by the Municipal Code and may award any approval that is assigned to another
Board or Commission, including variations;” and
WHEREAS, the Community Development Department performed an analysis of the application
for Landmark Designation and found that the review standards are met; 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,
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Ordinance #__, Series of 2013
624 W. Francis, AspenModern Negotiation
Page 2 of 4
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, AS FOLLOWS:
Section 1: Historic Landmark Designation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves Historic Designation for 624 W. Francis Street, Unit B, Starri
Condominiums, Block 21, City and Townsite of Aspen, Colorado, subject to the conditions
described herein.
Upon the effective date of this ordinance, the City Clerk shall record with the real estate records
of the Clerk and Recorder of the County, a certified copy of this ordinance. The locatio n of the
historic landmark property designated by this ordinance shall be indicated on the official maps of
the City that are maintained by the Community Development Department.
Section 2: Aspen Modern Negotiation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby accepts the following incentive, granted by HPC.
1. Expedited review. Council directs all building permit review departments to expedite
review of the permit for the subject application. Provided that the applicant submits a
permit on October 15, 2013, and provided that the applicant responds to any requests for
additional information or revisions within 3 business days of the request, the Building
Department shall endeavor to issue the permit by November 15, 2013.
2. Waiver of permit review fees. Permit review fees for plan check, zoning, energy code,
engineering, construction mitigation and GIS shall be waived, along with tap fees the
City Water Department.
3. Waiver of impact fees. Parks and TDM fees for the permit shall be waived.
4. Tree removal. The fee to remove an aspen tree and spruce tree identified on the plans
shall be waived.
5. Floor area bonus: A 250 square foot floor area bonus has been awarded for use in a
future remodel to the house (to be reviewed and approved by HPC) or for a TDR, to be
issued by Council if requested at a future date. A 72 square foot floor area bonus has been
awarded for the proposed remodel of this property.
Section 3: Vested Rights
The development approvals granted herein shall constitute a site-specific development plan and a
vested property right attaching to and running with the Subject Property and shall confer upon the
Applicant the right to undertake and complete the site specific development plan and use of said
property under the terms and conditions of the site specific development plan including any
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624 W. Francis, AspenModern Negotiation
Page 3 of 4
approved amendments thereto. The vesting period of these vested property rights shall be for three
(3) years which shall not begin to run until the date of the publications required to be made as set
forth below. However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted
or extended, failure to properly record all plats and agreements required to be recorded, as
specified herein, within 180 days of the effective date of the development order shall also result
in the forfeiture of said vested property rights and shall render the development order void within
the meaning of § 26.104.050, Void Permits. Zoning that is not part of the approved site-specific
development plan shall not result in the creation of a vested property right.
No later than fourteen (14) days following final approval by the Historic Preservation
Commission, the City Clerk shall cause to be published in a newspaper of general circulation
within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the
approval of a site specific development plan and creation of a vested property right pursuant to
Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such
notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of
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: 624 W. Francis Street, Unit B, Starri Condominiums, Block 21, City and
Townsite of Aspen, CO.
Nothing in this approval shall exempt the Development Order from subsequent reviews and
approvals required by this Ordinance of the general rules, regulations and ordinances or the City
of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance.
The vested rights granted hereby shall be subject to all rights of referendum and judicial review.
The period of time permitted by law to exercise the right of referendum to refer to the electorate
this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of
vested rights shall not begin to run until the date of publication of the notice of final development
approval as set forth above. The rights of referendum described herein shall be no greate r than
those set forth in the Colorado Constitution and the Aspen Home Rule Charter.
Section 4: Material Representations
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Historic Preservation Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 5: Litigation
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
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Section 6: Severability
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 7: Public Hearing
A public hearing on the ordinance shall be held on the 14th day of October, 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 23rd day of September, 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
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9.23.2013, PUD/SPA and Subdivision Code Amendments, Second Reading
Page 1 of 10
MEMORANDUM
TO: Mayor Skadron and City Council
FROM: Chris Bendon, Community Development Director
Jessica Garrow, Long Range Planner
RE: PUD/SPA and Subdivision Code Amendments
Ordinances 36 and 37, Series of 2013
DATE: September 23, 2013
SUMMARY:
Staff is proposing amendments to the Subdivision, Specially Planned Area, and Planned Unit
Development Chapters be accomplished together. A new Chapter, specifying requirements for
recordation documents, is still under review and will be presented for first reading later in the
fall. Staff will organize second readings of all these amendments to occur simultaneously. At
this time staff requests City Council provide feedback and direction on the PUD/SPA and
Subdivision code amendments, and continue the public hearing to October 28th to coordinate
with the new development documents chapter.
Ordinance 36 outlines code amendments related to the Planned Unit Development (PUD) and
Specially Planned Area (SPA) Chapters of the Land Use Code. The objective of the proposed
code amendments is to provide greater predictability in the review process, and ensure the
review criteria reflect current engineering, architecture, and infrastructure standards.
Ordinance 37 outlines code amendments to the Subdivision Chapter. The amendment
substantially overhauls the subdivision regulations, implementing processes and requirements
reflective of today’s development conditions.
Both ordinances are in response to City Council direction provided in late June.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance.
LAND USE REQUESTS AND REVIEW PROCEDURES:
This is the second reading of proposed code amendments to amend the Planned Unit
Development (PUD), Specially Planned Area (SPA), and Subdivision Chapters of the Land Use
Code. Pursuant to Land Use Code Section 26.310, City Council is the final review authority for
all code amendments.
All code amendments are subject to a three-step process. This is the third step in the process:
1. Public Outreach
2. Policy Resolution by City Council indicating if an amendment should the pursued
3. Public Hearings on an Ordinance outlining specific code amendments.
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QUESTIONS FROM FIRST READING:
City Council raised a number of questions related to the proposed code amendments during first
reading. These are address below. Staff is also prepared to provide more detail as needed at
second reading. The remainder of the memo is the same as was presented at first reading.
1. How is SPA incorporated into the PUD Chapter?
Staff merged much of the current SPA language into the PUD chapter to ensure
variations in uses are addressed as similarly to today’s process as possible. Much of the
language in the two sections is similar today. For instance, the review process for SPA
and PUD are the same today, as are the criterion for amendments, so those changes affect
SPA and PUD equally. Where there were differences, staff added the applicable SPA
language. For instance, the last purpose statement (26.445.010.G) comes from the
current SPA chapter.
In addition, staff added a separate review criteria section related to land uses to ensure
use variations are considered in the review process. That review criteria states,
“A development application may request variations in the allowed uses permitted
in the underlying zone district. Any proposed uses deviating from those allowed
in the underlying zone district shall be compatible with the character of existing
land uses in the surrounding area. In meeting this standard, consideration shall
be given to the existence of similar uses in the immediate vicinity, as well as how
the proposed uses will enhance the project or immediate vicinity.”
The current SPA review criteria do not explicitly state that the proposed uses are
reviewed. Instead the criteria focus on the “proposed development” or the “parcel
proposed for development.” There are actually no standards that directly address use
changes in the code today. Staff felt adding the new section, with a focus that any use
variations be compatible with the surrounding area, would ensure use variations are more
clearly addressed going forward.
2. How would the consolidated and combined PUD Reviews work? How is this
different from today’s procedures?
Overall, the consolidated and combined PUD review procedures are very similar to those
in place today. The code currently allows reviews to be combined to eliminate
redundancies in the review process. As an example, this is currently used to combine
PUD and Subdivision reviews because they address similar issues and go to the same
boards (P&Z for recommendation and Council for approval). Similarly, the code allows
consolidated PUD reviews (conceptual and final reviews are consolidated into one review
with P&Z and one review with City Council) when the issues involved are minor or
separate conceptual and final reviews would be redundant. The Aspen Alps application
City Council reviewed on September 9th is one example of both the combined and
consolidated review processes.
The proposed consolidated review process (26.445.030.B.2) is no different than the
process in effect today. The P&Z reviews the PUD against both conceptual and final
review criteria, and they provide a recommendation to City Council. City Council then
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weigh’s the P&Z’s recommendation and reviews the proposal against the conceptual and
final review criteria and makes a decision to approve or deny the PUD request.
The proposed combined review procedure (referred to in the code amendment as
concurrent associated reviews – 26.445.030.B.5) is similar to today’s process. The only
difference is that reviews are combined at conceptual review rather than at final. This is
because the code amendment makes conceptual review the binding decision. The code
amendment includes a provision that all reviews combined during conceptual are
contingent upon an applicant receiving final review from P&Z.
In addition, the code amendment allows concurrent historic preservation and PUD
review. The land use code allows many reviews to be combined with historic
preservation review, including ESA reviews, dimensional variances, and special review.
The new code language is permissive – it allows a combined historic preservation and
PUD review, but does not require it. Staff felt this change was important because it
potentially eliminates the ping pong between boards an applicant feels today. If an
applicant is requesting a PUD in a historic district or in a historically designated building,
they have a six-step review with three boards. Allowing combined historic preservation
and PUD reviews would reduce this by half, and would ensure all properties in the city
are treated equally in terms of process.
3. How do P&Z’s comments compare to staff’s thinking in regards to the minimum lot
size requirements and maximum dimensional changes?
The Planning and Zoning Commission believes the existing minimum lot size
requirement for a PUD (27,000 square feet) should be retained in the code amendment.
This requirement is in place for PUDs, but there are currently no minimum lot size
requirements for SPAs.
Staff’s recommended language would eliminate the minimum lot size requirement,
primarily because it can already be waived in the code and has been waived a number of
times. In fact, approximately a quarter of all PUDs and SPAs in Aspen are below the
27,000 sq ft lot size threshold. From staff’s perspective, 27,000 sq ft is an arbitrary figure
given the fact there is no lot size requirement for SPAs and that the requirement is often
waived for PUDs. Staff believes that a PUD or SPA should stand on its merits,
regardless of the lot size, and that City Council should have clearer discretion to approve
or deny a PUD on parcels of less than 27,000 sq ft. However, staff is comfortable
retaining the existing language that allows for the minimum lot size to be waived.
The Planning and Zoning Commission has expressed support for establishing maximum
dimensional variations that can be granted through the PUD process. Some reasons they
support this change would be to provide some level of predictability for neighbors and
the community regarding what can be built in a location, and to eliminate some of the
“anything goes” nature of PUD requests.
Staff believes retaining the current flexibility and Council authority in the PUD process is
critical to ensuring new development thoughtfully responds to the neighborhood context
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and site needs. The purpose of a PUD is to allow flexibility in design and dimensions
when it will result in a more desirable development pattern than underlying zoning. City
Council is never required in the PUD to accept dimensions they feel are out of character
with the neighborhood or that may conflict with community goals because it is a
discretionary review. Establishing a maximum dimensional variation removes some of
City Council’s review authority and discretion for PUDs. Staff believes it is important
City Council is able to have a frank discussion with an applicant regarding their design
given the site’s constraints, opportunities, and general use and design goals. Finally, staff
is unsure what level of variation is appropriate given the diversity of PUDs. Are
variations given in Burlingame the same that should be given to a downtown property?
Staff believes each PUD is different, and the allowed dimensions and uses should be
approved to reflect the site’s unique design objectives, constraints, and opportunities.
In addition, staff raised these two issues during outreach with the development
community. They expressed strong objections to limiting dimensional variations allowed
through the PUD process, stating that placing maximum variations could become the
default dimension an applicant would request, even if they did not necessarily need that
much of a variation. They also stated it is important that site specific constraints and
opportunities be taken into consideration in the PUD process, which requires flexibility in
certain dimensions. The group indicated comfort with the current language around
minimum lot sizes, but they supported the elimination of the requirement for the reasons
staff has expressed.
4. Why is the language related to density reductions for slopes removed?
This language was deleted because the Land Use Code addresses density reductions and
lot area reductions for all parcels in the Calculations and Measurements section of the
code (26.575.020.C).
5. Please provide some examples of how the PUD/SPA Code amendment will change
the review and discussion of projects.
The Boomerang proposal(s) have focused on neighborhood compatibility of uses and
dimensions. In broad terms, one could say the lodging proposal had slightly more
“acceptance” in the neighborhood than the affordable housing proposal. This was
reflected in slightly larger dimensional allowances for the lodging project. The
discussion within a PUD review typically weighs the desirability of a use and the
dimensions considered acceptable to achieve the use. A highly desirable use may enjoy
larger dimensions. The proposed amendments continue to enable this discussion and
provide the P&Z and Council with broad latitude. In the Boomerang example, staff does
not believe the end result would have been different.
However, the Boomerang project exemplifies the frustration with a “conceptual”
approval. During the final hearings with City Council, major changes were still
occurring to the mass, scale, number of units, parking ratios, and site plan. These are
conceptual issues that ideally would have been resolved during a conceptual review.
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The Aspen Club review continues to be staff’s favorite example of the need for change.
Conceptual review was granted after one meeting with City Council. Council members
even said ‘this is okay to go to final, but don’t bring back this same project.’ Ignoring the
fact that the applicant or staff should have intervened to create more clarity, the
conceptual review provided no certainty or value to anyone involved.
Based on the conceptual approval, the applicant developed the specific architecture and
civil engineering details needed for a final application. These details required significant
expenditures on behalf of the applicant. The final review took multiple meetings and
focused on what uses should be allowed and where they should be located on the site.
The final review prompted the conceptual discussion that did not occur during conceptual
review. These changes nullified much of the detailed design work. The revised process
aims to provide greater certainty during conceptual review and minimize last minute
disruption.
6. Please provide some examples of how the Subdivision Code amendment will change
the review and discussion of projects.
Currently some projects are subjected to a full subdivision review even when the project
does not appear to involve any subdivision activity. When a project contains a residential
unit, for example, a full subdivision review is required. Often times there are no lot lines
being altered or infrastructure issues to resolve. It is during these cases that a P&Z
member or a City Council member will ask the applicant “why are you here again?” The
proposed changes will only apply a subdivision review to cases where real estate is being
altered – such as the creation of new lots or changes to a right-of-way.
Occasionally, neighboring property owners want to “swap” lands. This is usually to
reflect a long-standing fence or to accomplish other non-substantive changes. Currently,
this can be approved administratively, but only if it is to correct a survey error “or to
accomplish any other insubstantial change.” This language leaves everyone wondering
how much of a change will be considered “substantial.” The proposed language sets
clearer limits – essentially any boundary alteration that does not breach minimum zoning
requirements can be approved.
BACKGROUND & OVERVIEW - SUBDIVISION:
The City’s Subdivision regulations have not been overhauled since 1988. The character of
development requests and the needs of the City have changed significantly since then and staff is
proposing a substantial overhaul of the subdivision regulations to reflect modern expectations.
Many projects are currently subject to a full subdivision review, even if they are not physically
dividing property. For instance, downtown buildings that divide a building into individual
ownership interests are subject to a review with P&Z and City Council, in the same way that a
large subdivision where land is physically divided does. With the recent advent (past ~5 years)
of Commercial Design review and the Council call-up procedures, subdivision reviews for
downtown projects, where no lot lines are changing, are significantly redundant.
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One of the common criticisms from members of the community and applicants is that all forms
of “subdivision” are reviewed by City Council, including actions that do not appear to be a
subdivision. There is a significant difference between an actual subdivision of land, such as
Burlingame Ranch, and the addition of a residence within a mixed-use building. Currently both
of these actions are treated equally, subject to the same process and criteria. Staff believes this is
due to the term “subdivision” being defined too broadly – essentially capturing everything.
Tailoring the City’s process and requirements more closely to the character of the development
activity will simplify many reviews.
Staff believes a process and standards for vacating or amending public rights-of-way is needed.
The City does not have a codified process now and relies on a combination of State Statute and
administrative policy to consider these requests.
The City has multiple code sections defining requirements for plats, plans, and development
agreements – all with different requirements. Staff is proposing a new Chapter of the Land Use
Code defining all development documents associated with development, including standardizing
the City’s bonding requirements for public improvements. This will also be an opportunity to
better define the level of detail needed for each type of document to be recorded.
P&Z COMMENTS: The Commission had a number of comments related to subdivision, with a
particular focus on simplifying the process. The Commission supported the idea of creating
different tiers of subdivision reviews. For example, large subdivisions that actually divide land
into new lots, like Burlingame, would go through the current Subdivision process with reviews
by P&Z and Council, while a project that divides a single building into multiple ownership
interests, like a downtown mixed-use building, would through an administrative review such as
condominiumization.
The P&Z felt that downtown buildings are subject to an extensive design reviews and growth
management reviews, where the massing and use issues are addressed, and that the subdivision
review creates confusion for all involved because it re-addresses issues that have been previously
approved. The Commission expressed a desire that the City use the Commercial Design Review
process more effectively to address any issues or concerns related to massing, heights, building
placements, materials, landscaping, etc.
The Commission also expressed a desire to have clearer review criteria for all levels of
subdivision reviews. There were also some comments related to encouraging a landscape buffer
between the sidewalk and street, particularly for downtown projects. The Commission supported
creating clear standards for this throughout town.
PUBLIC OUTREACH / PRIVATE PLANNER COMMENTS: Staff met with a group of private
planners and architects prior to the meeting with P&Z. That group provided detailed comments
on potential code amendments to Subdivision. The group had similar comments regarding
Subdivision as the P&Z did. In fact, changing the subdivision process was their top priority for
this round of code amendments. The group strongly supported the creation of different tiers of
subdivision review. In particular, projects where a single building is divided into different
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ownership interested and actual land is not being divided should only be required to go through
an administrative condominiumization process.
They felt the Commercial Design review process addresses the issues raised at Subdivision
reviews, and that using the Commercial Design process to evaluate mass and scale of buildings is
more appropriate and predictable. Finally, the group stated that one of the tiers of review should
allow property boundary changes and exchanges between properties when property owners agree
to it. Today, the only property boundary changes allowed are those to correct surveying errors.
Staff has distributed the language in the proposed ordinance. Staff has received positive
response to the proposed ordinance.
BACKGROUND & OVERVIEW - PUD & SPA:
Staff received direction from City Council in March to process a code amendment related to
the Planned Unit Development (PUD) and Specially Planned Area (SPA) portions of the
land use code. These chapters allow variations to the allowed uses (SPA) and dimensions
(PUD) on a project specific basis. They are very similar processes, requiring an individual
project to demonstrate that a variation from uses or dimensions in the underlying zone
district provides a benefit to the community and results in a desirable development pattern.
These sections have not been updated in many years and an update to ensure the chapters
reflect up to date standards is desirable. A copy of the City Council Policy Resolution
outlining Council’s goals for this code amendment is attached as Exhibit D. Specifically,
City Council asked staff to:
• Combine PUD and SPA into one chapter.
• Update and consolidate review standards where possible to eliminate redundancies and
provide greater clarity.
• Establish three (3) levels of amendment process for PUD and SPA: Administrative, P&Z
only, City Council only.
• Amend PUD and SPA to a three (3) step process where Conceptual Review is binding
through a City Council Ordinance:
o Step 1: P&Z review of Conceptual, recommendation to City Council.
o Step 2: City Council review of Conceptual, approval by Ordinance that establishes
all dimensional and use requirements.
o Step 3: P&Z review of Final, approval of final details (ex: exact utility line
placement, building materials, etc) by Resolution. Any changes to height or floor
area dimensions or uses variations established in the Council Conceptual Ordinance
would require City Council review and approval. Any other dimensional changes
could be approved as part of P&Z’s final review.
CURRENT PUD & SPA REGULATIONS: The current PUD regulations allow a property of 27,000
square feet or more to apply for and be reviewed as a PUD. This lot size requirement may be
waived if “the development of the property may have the ability to further the adopted goals of
the community” and if the provisions of the PUD process “will best serve the interests of the
community.” Approximately one-quarter of all PUDs in Aspen are below the current size
standard.
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The current SPA regulations allow any property, regardless of size, to request to vary the
underlying allowed uses if “because of its unique historic, natural, physical or locational
characteristics, it would be of great public benefit to the City for that land to be allowed design
flexibility…”
For both PUD and SPA, a four-step review process is currently in place: Conceptual Review by
P&Z and then City Council, and Final Review by P&Z and then City Council. P&Z is a
recommending body to City Council. The process can be consolidated to a two-step review
process (just Final Reviews) if the issues involved are minor or the full review would be
redundant. The full four-step review process often takes upward of 3-4 years, while consolidated
reviews are about half that.
An applicant can request an amendment to an approved PUD or SPA. For PUD and SPA, there
are Insubstantial Amendments, reviewed administratively, and Major Amendments, reviewed by
City Council. For PUDs, a third level amendment, Minor Amendments, are allowed which are
reviewed by P&Z. This “intermediate” level of amendment is not currently in place for SPAs.
PROPOSED PUD & SPA CHANGES: The proposed code amendment combines PUD and SPA
into one chapter, updates the review criteria, and streamlines the review process. A track
changes version of the code amendment is attached as Exhibit B and a clean version of the code
amendment is attached as Exhibit C. The key changes are highlighted below:
A. PUD and SPA are combined into one chapter, called Planned Unit Development (PUD).
Both uses and dimensions can be varied through the process. No minimum lot size is
included, meaning an applicant with a parcel or combination of parcels of any size can
request a PUD.
B. The process is changed to a three-step process. Conceptual Review is by P&Z and City
Council and Final Review is completed by P&Z. This should simplify and reduce the time a
project is in the land use review process.
C. Conceptual Review is binding. City Council approves an Ordinance at Conceptual Review
and establishes the dimensions and uses for the project. This requires an applicant to provide
more detail up front than is required today.
D. Changes to land uses, height, or floor area between Conceptual Review and Final
Review require City Council approval. If an applicant proposes any changes to the uses,
height, or floor area established in the Conceptual Ordinance, the process becomes four-
steps, with Final being reviewed by both the Planning & Zoning Commission and City
Council. This is intended to improve the predictability from the public and City’s standpoint
by ensuring the major detail of the project is presented, and locked in, at the beginning of the
review process.
E. Three (3) levels of amendments are established. Minor changes can be reviewed
administratively, moderate changes are reviewed by the Planning & Zoning Commission,
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and major changes are reviewed by City Council. This is a change when it comes to SPA,
but is the same as is currently allowed in PUD.
F. All review criteria have been consolidated and updated. The review criteria are amended
to reflect that the intent of PUDs and SPAs is to allow flexibility to address unique site
constraints and opportunities, while encouraging design innovation. The criteria provide
guidance to review bodies on when deviations from underlying zoning may be appropriate,
while maintaining P&Z’s and City Council’s flexibility and discretion in their review. This
was raised as an important aspect of any code change by both groups.
STAFF COMMENTS: Staff recommends approval of the proposed code amendment. In
combining PUD and SPA, staff believes the overall process to vary dimensions and uses will be
clearer and more straightforward, while eliminating some redundancy in the process. The intent
of both processes is to address site specific opportunities and constraints, and enable flexible and
innovative planning solutions that support community goals. Staff believes the ability to vary
both dimensions and uses through the SPA and PUD processes is important to retain in any code
change.
The most significant change is making Conceptual Review binding. Conceptual Review
currently does not lock an applicant or the City into anything - it only allows an applicant to
apply for Final Review. This effectively lengthens a review proves by one to two years, creating
unpredictability for everyone. City Council supported making Conceptual Review binding as
part of their Policy Resolution. This change helps restore fairness and predictability to the
process and will likely have the effect of significantly reducing the length of a review process.
Staff supports eliminating the minimum lot size requirements for PUDs. From staff’s
perspective, this is a minor change because SPAs can already vary both uses and dimensions and
are not subject to a minimum lot size requirement. Staff believes allowing City Council the
discretion to grant or deny a PUD of any size, as exists today for SPAs, is appropriate.
P&Z COMMENTS: Staff met with the P&Z in March and again in August to review potential
changes to the PUD and SPA chapters. Overall, the P&Z supported the idea that Conceptual
PUD and SPA reviews should have more meaning. There was some frustration that under the
current system projects can change dramatically between Conceptual and Final, which creates
uncertainty for everyone involved in the review process. The Commission felt that making
certain aspects of the Conceptual reviews binding, such as massing, height, building placement,
lot locations, parking, and general use mix, would mean the community, staff, and review bodies
would not be “surprised” at Final. Overall the Commission felt that if the Final Review is truly
limited to details that the process change could work.
There remain mixed opinions regarding the combination of PUD and SPA into one chapter.
Some members suggested only implementing the code change for certain projects rather than for
all PUDs and SPAs. Others felt that uses should not be allowed to be amended at all.
There were some concerns from the Commission that there is too much negotiation in the PUD
and SPA processes, and that streamlining the processes could exacerbate that. For this reason,
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they felt strongly that PUDs and SPAs should rely more on underlying zoning than they do
today. There was some disagreement on exactly how that would work, but the Commission
strongly supported exploring ways to limit dimensional variations in the PUD and SPA
processes.
In addition, the Commission does not believe the minimum lot size requirement should be
eliminated. They felt that some size standard should be set to help protect a neighborhood from
development that is potentially out of scale or character with the area.
PUBLIC OUTREACH: Staff met with a group of private planners and architects prior to the
meeting with P&Z to get their feedback on the PUD and SPA processes and potential code
amendments. The group felt that the current four step SPA and PUD processes are unpredictable
and that applicants are often surprised during Final reviews when issues they thought were
resolved at Conceptual are brought up again during Final. The group strongly supported the idea
that Conceptual Review should be binding. They supported the process changing to three steps–
a binding Conceptual approval by Council after considering a recommendation from P&Z, and
final review for details at the P&Z level (staff’s recommended option listed above). If the
Conceptual Review is changed to be more meaningful, the group stated the time period to apply
for Final Review would need to be increased beyond the one (1) year that is currently in the
code. This would enable them to better work out the final details. The group felt strongly that
the SPA and PUD process continue to allow a development to vary from underlying uses and
dimensions, as there are site specific issues that generally result in the need to request a PUD or
SPA. Finally, the group stated the review criteria for PUD needs to be consolidated and updated.
Staff has distributed the language in the proposed ordinance. Staff has received positive
response to the proposed ordinance.
STAFF RECOMMENDATION:
Staff recommends adoption of Ordinances 36 and 37, but requests City Council wait to adopt and
changes until the new Chapter related to recordation document requirements is adopted.
RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
“I move to continue Ordinances 36 and 37 related to code amendments to the PUD, SPA, and
Subdivision Chapters of the Land Use Code to October 28th.”
CITY MANAGER COMMENTS:_____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
ATTACHMENTS:
Exhibit A – Staff Findings
Exhibit B – Proposed PUD/SPA Code Amendments, Track Changes
Exhibit C – Proposed PUD/SPA Code Amendments, Clean Version
Exhibit D – Resolution 66, City Council Policy Resolution – PUD/SPA
Exhibit E – Current Subdivision code (prior to amendments)
Exhibit F – Resolution 67, City Council Policy Resolution - Subdivision
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PUD and SPA Code Amendments
Page 1 of 21
ORDINANCE No. 36
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO
THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE
SECTIONS:
26.440, SPECIALLY PLANNED AREA;
26.445, PLANNED UNIT DEVELOPMENT;
26.104.100, DEFINITIONS – SPECIALLY PLANNED AREA;
26.208.010, CITY COUNCIL - POWERS AND DUTIES;
26.210.020.B, COMMUNITY DEVELOPMENT DEPARTMENT – JURISDICTION,
AUTHORITY AND DUTIES;
26.212.010, PLANNING AND ZONING COMMISSION – POWERS AND DUTIES;
26.304.040, COMMON DEVELOPMENT REVIEW PROCEDURES – INITIATION OF
APPLICATION FOR DEVELOPMENT ORDER;
26.304.060.A, REVIEW OF A DEVELOPMENT APPLICATION BY DECISION-
MAKING BODIES – REVIEW OF PROCEDURES AND STANDARDS;
26.412.040.A, COMMERCIAL DESIGN REVIEW – REVIEW PROCEDURE, REVIEW
PROCESS;
26.470.110.A, GROWTH MANAGEMENT REVIEW PROCEDURES – GENERAL;
26.510.020, SIGNS – APPLICABILITY AND SCOPE;
26.590, TIMESHARE DEVELOPMENT; AND
26.710.230, ZONE DISTRICTS – ACADEMIC.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen
Land Use Code, the City Council of the City of Aspen directed the Community Development
Department to explore code amendments related to the PUD and SPA Chapters in the Land
Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by
City Council, and then final action by City Council after reviewing and considering the
recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No.15, Series of 2013, by a five to zero
(5 – 0) vote, requesting code amendments to the employee generation figures in the Land Use Code;
and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on January 28, 2013, the City Council approved Resolution No. 66, Series of 2013, by a three to
zero (3 – 0) vote, requesting code amendments to the PUD and SPA Chapters in the Land Use
Code; and,
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WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Sections 26.440, Specially Planned
Area; 26.445, Planned Unit Development; 26.104.100, Definitions – Specially Planned Area;
26.208.010, City Council - Powers and Duties; 26.210.020.B, Community Development
Department – Jurisdiction, Authority and Duties; 26.212.010, Planning and Zoning Commission
– Powers and Duties; 26.304.040, Common Development Review Procedures – Initiation of
application for development order; 26.304.060.A, Review of a development application by
decision-making bodies – Review of procedures and standards; 26.412.040.A, Commercial
Design Review – Review procedure, Review Process; 26.470.110.A, Growth Management
Review Procedures – General; 26.510.020, Signs – Applicability and scope; 26.590.030.C.4 –
Exempt timesharing, Review standards for exemption; 26.590.040, Timeshare Development –
Procedure for review of timeshare lodge development application; 26.590.050, Timeshare
Development – Contents of application; 26.590.070, Timeshare Development – Review
Standards for timeshare lodge development; 26.590.090, Timeshare Development – Timeshare
documents; and 26.710.230, Zone Districts – Academic; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments and
finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310.050;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Chapter 26.440, Specially Planned Area, shall be deleted in its entirety. All lands
with a Specially Planned Area (SPA) Overlay are hereby rezoned to a Planned Unit
Development (PUD) Overlay and are subject to the terms of the PUD Chapter (26.445). Any
and all previous conditions of an SPA shall remain in effect.
Section 2: Sec.26.104.100, Definitions – Specially Planned Area shall be deleted in its entirety.
Section 3: Chapter 26.445, Planned Unit Development, shall be amended as follows:
Chapter 26.445
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
Sec. 26.445.010. Purpose.
Sec. 26.445.020. Applicability.
Sec. 26.445.030. Procedures for review.
Sec. 26.445.040. Conceptual PUD Review Standards.
Sec. 26.445.050. Final PUD Review Standards.
Sec. 26.445.060. Application materials.
Sec. 26.445.070. Recording a final PUD development plan.
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Sec. 26.445.080. Placement of PUD designation on Official Zone District Map.
Sec. 26.445.090. Amendment of PUD development order.
26.445.010. Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and
innovation in the development of land which:
A. Promotes the purposes, goals and objectives of any applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
underlying zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
G. Allows the development of mixed land uses through the encouragement of innovative design
practices that warrant variations from the standard permitted zone district land uses and
dimensional requirements.
26.445.020. Applicability.
A PUD is permitted as an overlay in any zone district and on any land located within the City of
Aspen boundaries. All land with a PUD designation shall also be designated with an underlying
zone district designation most appropriate for that land.
Before any development shall occur on land designated Planned Unit Development (PUD) on the
official zone district map or before development can occur as a PUD, it shall receive final PUD
approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final
development plan be required for the construction of a single detached- or duplex-residential
dwelling, in conformance with Section 26.445.030(F), Single-Family and Duplex Development.
26.445.030. Procedures for review.
A. General. Any development within a Planned Unit Development (PUD) or on land
designated with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to
the procedures and standards in this Chapter and the Common Development Review Procedures
set forth at Chapter 26.304. Any land previously designated with a Specially Planned Area
(SPA) Overlay shall be subject to the terms of this Chapter.
B. Types of Review.
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1. Full PUD Review (three-step review). All development proposed within a PUD, unless
eligible for a consolidated review, shall be subject to a Full PUD Review consisting of
the following three steps (See also Section 26.445.030(C), Steps Required). Public
hearings are required at each step.
A. Conceptual Review by the Planning and Zoning Commission.
B. Conceptual Review by City Council.
C. Final Review by the Planning and Zoning Commission.
2. Consolidated PUD Review (two-step review). An applicant may request and the
Community Development Director may determine that because of the limited extent of
the issues involved in a proposed PUD in relation to these review procedures and
standards or because of a significant community interest which the project would serve, it
is appropriate to consolidate Conceptual and Final PUD Development Plan review,
pursuant to this section and Section 26.304.060(B)(1), Combined Reviews. The
Community Development Director shall consider whether the full three-step review
would be redundant and serve no public purpose and inform the applicant during the pre-
application stage whether consolidation will be permitted.
A PUD application which is determined to be eligible for consolidation shall be subject to
a Consolidated PUD Review consisting of the following two steps (See also Section
26.445.030(C), Steps Required). Public hearings are required at each step.
A. Review by the Planning and Zoning Commission for compliance with both the
Conceptual and Final review criteria outlined in sections 26.445.040 and 26.445.050.
B. Review by City Council for compliance with both the Conceptual and Final review
criteria outlined in sections 26.445.040 and 26.445.050. The City Council may, during
review, determine that the application should be subject to both conceptual and final plan
review, in which case consolidated review shall not occur.
3. Purpose of Conceptual PUD Review. Conceptual PUD Review focuses on the overall
concept and general parameters of a project, and establishes the allowed dimensions and
uses for a project. The intent is to establish the uses and mass and scale of the proposal,
as well as any deviations from zone district requirements. All dimensions shall be
established as part of the Conceptual PUD. Approval of a Conceptual PUD Development
Plan shall be binding.
4. Purpose of Final PUD Review. Final PUD Review focuses on refining a project design,
including establishing final architectural and material details as well as utility and other
infrastructure details. The intent is to perfect and finalize all technical aspects of the
project. The Conceptual PUD approval shall not be revisited as part of the Final PUD
Review, unless changes to the Conceptual PUD approval are proposed by the applicant.
5. Concurrent associated reviews. An applicant may request and the Community
Development Director may determine that an application for development within a PUD
may be combined, during conceptual review, with a development application for other
land use reviews, including conditional use, special review, ESA review, subdivision
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review, and growth management. All combined reviews shall be considered during
Conceptual Review, but are contingent upon the application receiving Final Review
approval. If a Consolidated PUD Review has been permitted, all associated reviews shall
be combined with the Consolidated PUD Review.
The Community Development Director shall consider whether the associated reviews
may be reviewed concurrently and inform the applicant during the pre-application stage
whether concurrent reviews will be permitted and if any redundant submission
requirements may be waived.
6. Concurrent Conceptual Commercial Design Review. An applicant may request and
the Community Development Director may determine that an application for
development within a PUD may be combined, during Conceptual PUD Review or
Consolidated PUD Review, with conceptual commercial design review.
Notwithstanding section 26.412.040.B, Commercial Design Review Procedure, Appeals,
notice to City Council and call-up, when Conceptual PUD Review is combined with
conceptual commercial design review, City Council’s Conceptual PUD Review shall
constitute the required commercial design review call-up provisions and procedures, and
no other action otherwise outlined in section 26.412.040.B, Commercial Design Review
Procedure, Appeals, notice to City Council and call-up, shall be required.
7. Concurrent Historic Preservation Review. An applicant may request and the
Community Development Director may determine that an application for development
within a PUD on a property that is historically designated or located within a Historic
District may be combined, during Conceptual PUD Review or Consolidated PUD
Review, with any applicable Historic Preservation reviews outlined in Chapter 26.415,
Historic Preservation, pursuant to Section 26.304.060(B)(1), Combined Reviews. In such
circumstances, the PUD Review and any other concurrent associated reviews shall be
completed by the Historic Preservation Commission.
Notwithstanding sections 26.415.120.B-D, Historic Preservation, Appeals, notice to City
Council and call-up, when Conceptual PUD Review is combined with a Historic
Preservation review that is subject to said sections, City Council’s Conceptual PUD
Review shall constitute the required call-up provisions and procedures, and no other
action otherwise outlined in sections 26.415.120.B-D, Historic Preservation, Appeals,
notice to City Council and call-up, shall be required.
8. Dimensional and use amendments between Conceptual and Final Reviews. Any
Final PUD application that proposes to increase the Height or Floor Area/FAR
dimensions or amend the land uses established in the Conceptual Ordinance shall require
Council approval, and the Final PUD Development Plan shall be subject to City Council
and Planning and Zoning Commission review, pursuant to Steps Three and Four, as
outlined in Section 26.445.030(C), Steps required. In such circumstances, the Planning
and Zoning Commission shall be a recommending body on the Final PUD Development
Plan, and City Council shall have final review authority.
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Minor deviations in other dimensional requirements established in the Conceptual
Ordinance may be reviewed and approved by the Planning and Zoning Commission
during their Final PUD Review pursuant to Section 26.445.050, Final PUD Review
Standards. Deviations not meeting the standards set forth in Section 26.445.050(B),
Minor Dimensional Changes, or changes to the land uses established in the Conceptual
Ordinance, shall be subject to City Council and Planning and Zoning Commission
review, pursuant to Steps Three and Four, as outlined in Section 26.445.030(C), Steps
required. The Conceptual Ordinance, at City Council’s discretion, may include
allowances for dimensional changes between Conceptual and Final.
C. Steps required: Unless consolidated in accordance with Section 26.445.030(B)(2),
Consolidated PUD Review, three (3) steps are required for the review and approval of an
application for development within a Planned Unit Development (PUD). Consolidated PUD
reviews require only steps one and two. If the proposal increases the Height or Floor Area/FAR
dimensions or changes the land uses established between the Conceptual PUD approval and the
Final Review application, then a fourth step shall be required. The steps are as follows:
1. Step One — Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide P&Z with a
recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. The Planning and
Zoning Commission shall forward a recommendation of approval, approval with
conditions or disapproval of a Conceptual PUD Development Plan to City
Council after considering the recommendation of the Community Development
Director, and comments and testimony from the public at a duly noticed public
hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
5. Notice requirements: Publication, mailing and posting (See Section
26.304.060.E.3.a, b and c)
2. Step Two — Public Hearing before City Council.
1. Purpose: To review recommendations of the Planning and Zoning Commission
and to determine if the application meets the standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. City Council shall
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approve, approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: City Council action shall be by ordinance approving,
approving with conditions or denying Conceptual PUD Development Plan, or
Conceptual and Final PUD Development Plan if the application is consolidated.
5. Notice requirements: Requisite notice requirements for adoption of an ordinance
by City Council and publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c)
3. Step Three — Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan.
2. Process: The Community Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions,
or deny the Final PUD Development Plan, based on the standards of review. The
Planning and Zoning Commission shall approve, approve with conditions or
disapprove a Final PUD Development Plan after considering the recommendation
of the Community Development Director, and comments and testimony from the
public at a duly noticed public hearing.
3. Standards of review: Section 26.445.050 for review of Final PUD Development
Plan.
4. Form of decision: The Planning and Zoning decision shall be by resolution.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
4. Step Four — Public Hearing before City Council, if applicable.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan when amendments to the Height or Floor Area/FAR
dimensions or land uses established in the Conceptual PUD are proposed.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Final PUD
Development Plan, based on the standards of review. City Council shall approve,
approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
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3. Standards of review: Section 26.445.040 to review changes to approved Height
or Floor Area/FAR dimensions or land uses; and Section 26.445.050 for review of
Final PUD Development Plan.
4. Form of decision: The City Council decision shall be by ordinance.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
D. Limitations. Unless otherwise specified in the Ordinance granting conceptual approval, a
development application for a Final PUD Development Plan shall be submitted within one (1)
year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of a conceptual
development plan. The Community Development Director may grant an extension of this
limitation if the delay has been caused by the application requiring additional reviews or similar
delays that could not have been reasonably predicted by the applicant. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided a
written request for extension is received no less than thirty (30) days prior to the expiration date.
Development on any land within a Planned Unit Development may occur only after all land use
approvals are received, all requisite documents, agreements and plats have been filed and the
applicant has received all necessary permits as required by the Municipal Code and any other
county, state or federal authority with jurisdiction over the land.
E. Appeals. An applicant aggrieved by a Planning and Zoning Commission Final PUD
Development review, may appeal the decision to the City Council. In such circumstances, the
Planning and Zoning Commission’s decision shall be considered a recommendation to City
Council, and City Council shall review the project for compliance with Section 26.445.050,
Final PUD Review Standards, during a duly noticed public hearing. The Council decision shall
be by Ordinance.
F. Single-Family and Duplex Development. In the absence of a final development plan, a
single detached, two (2) detached, or a duplex residential dwelling, if listed as a permitted use in
the underlying zoning, may be developed in conformance with the provisions of the underlying
Zone District. This shall not exempt a development from complying with any other applicable
Land Use Code reviews.
26.445.040. Conceptual PUD Review Standards.
The review of the Conceptual PUD Development Plan shall focus on the general concept for the
development, but shall outline any dimensional or use requirements that vary from those allowed
in the underlying zone district. The burden shall rest upon an applicant to show the
reasonableness of the development application and its conformity to the standards and
procedures of this Chapter and this Title. The underlying zone district designation shall be used
as a guide, but not an absolute limitation, to the uses and dimensions which may be considered
during the development review process. Any dimensional or use variations allowed shall be
specified in the Ordinance granting Conceptual PUD approval. In the review of a development
application for a Conceptual PUD Development Plan, the Planning and Zoning Commission and
City Council shall consider the following:
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A. General Requirements.
1. The proposed development complies with applicable adopted regulatory plans.
2. The proposed development is compatible with the mix of development in the immediate
vicinity of the parcel in terms of land uses, density, height, mass, and open space
B. Development Suitability. The parcel(s) proposed for development is generall y suitable for
development, considering the slope, ground instability and the possibility of mudflow, rock
falls, avalanche dangers and flood hazards. The proposed development preserves important
geologic features, mature vegetation, and structures or features of the site that have historic
or cultural relevance and is sited to avoid any natural hazards.
C. Land Uses. A development application may request variations in the allowed uses permitted
in the underlying zone district. Any proposed uses deviating from those allowed in the
underlying zone district shall be compatible with the character of existing land uses in the
surrounding area. In meeting this standard, consideration shall be given to the existence of
similar uses in the immediate vicinity, as well as how the proposed uses will enhance the
project or immediate vicinity.
D. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
1. The site plan preserves any significant natural or man-made features which are unique,
provide visual interest or a specific reference to the past, or contribute to the identity of
the town.
2. Structures are oriented to public streets and are sited to reflect the neighborhood context.
3. If the development includes common park, open space, or recreation areas, the proposed
amount, location and design of the common park, open space or recreation area enhances
the character of the proposed development, considering existing and proposed structures
and natural landscape features of the property.
E. Dimensions. All dimensions shall be established through the Conceptual Review. A
development application may request variations to any dimensional requirement. Any
proposed dimensions deviating from those allowed in the underlying zone district shall be
compatible with the site’s natural characteristics, such as steep slopes, vegetation, waterways,
etc., and any natural or man-made hazards. In meeting this standard, consideration shall be
given to the dimensions in the immediate vicinity, topography of the site and surrounding
parcels, and the extent to which the development enhances the cohesiveness or distinctive
identity of the neighborhood, and:
1. Density, Mass & Height. The maximum allowable density, massing (floor area) and
height may be increased if there exists a significant community goal to be achieved
through such increase and the development pattern is compatible with the surrounding
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development patterns and with the site's physical constraints. In meeting this standard,
consideration shall be given to:
a. The proposed dimensions represent a character suitable for and indicative of the
primary uses of the project and integrate into the neighborhood.
b. The proposed development respects the scale and massing of any nearby historical
and cultural resources.
c. The proposed development responds to the site’s topography and other natural
features and either blends in with said features or enhances them.
2. Parking. The number of off-street parking spaces shall be established based on the
probable number of cars to be operated by those using the proposed development and the
nature of the proposed uses. The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development, and the potential for
joint use of common parking may be considered when establishing a parking requirement.
F. Design Standards. The design of the proposed development is compatible with the context
and visual character of the area. In meeting this standard, the following criteria shall be used:
1. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design
Standards, and Chapter 26.415, Historic Preservation.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Materials are
finalized as part of the Final PUD review, but review boards may include conditions
related to architectural character and materials as part of the Conceptual PUD Review.
G. Pedestrian, bicycle & transit facilities, access and circulation. The development provides
adequate pedestrian, bicycle, and transit facilities. These facilities and improvements shall
be prioritized over vehicular facilities and improvements. Any new vehicular access points
minimize impacts on pedestrian, bicycle and transit facilities. Access and circulation
accommodate emergency vehicles and meet all applicable road engineering standards.
Security/privacy gates across access points and driveways are prohibited. Adequate
pedestrian and handicapped access is provided to the site and to individual buildings.
H. Public Infrastructure and Facilities. At the sole costs of the developer, the proposed PUD
shall upgrade public infrastructure and facilities necessary to serve the PUD. The City may
require certain public infrastructure or facilities to be oversized in anticipation of future
needs or the development of adjacent parcels and shall reimburse the developer
proportionately for the additional improvement. Any adverse impacts on public
infrastructure by the development shall be mitigated by the necessary improvements at the
sole cost of the developer.
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I. Access and circulation. The proposed development shall have perpetual unobstructed legal
and physical vehicular access to a public way. A proposed PUD shall not eliminate physical
or legal access from a public way to an adjacent property and shall not restrict the ability for
an adjacent property to develop. Any streets in the PUD which are proposed or recommended
to be retained under private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access. Buildings and access ways are arranged to allow
emergency and service vehicle access.
26.445.050. Final PUD Review Standards.
The review of the Final PUD Development Plan shall be focused on the detailed evaluation of
the specific aspects of the development, including utility placement, and architectural materials.
In the review of a development application for a Final PUD Development Plan, the Planning and
Zoning Commission shall consider the following:
A. Conceptual Approval. The proposed development is consistent with the Conceptual PUD
Development Plan. Any conditions of Conceptual approval are adequately addressed.
B. Minor Dimensional Changes. Minor deviations to dimensions (other than height and Floor
Area/FAR) approved during Conceptual Review are permitted if they are due to technical or
design considerations that could not have been foreseen during the Conceptual PUD Review,
or address direction received during Conceptual Review. In meeting this standard, the
following shall be considered:
1. The change is a result of survey errors.
2. City referral departments or other utilities have requested infrastructure related changes
that impact site planning or other aspects of the development.
3. The change is based on responses to conditions or direction received during Conceptual
PUD review.
4. The change is a result of other design considerations that could not have been foreseen
during the Conceptual Review.
C. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
D. Architecture. The proposed development emphasizes quality construction and design
characteristics, such as exterior materials, weathering, snow shedding and snow storage,
energy efficiency and the like. Materials are of high quality and shall comply with applicable
design standards. The design complies with applicable design standards, including those
outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial
Design Standards, and Chapter 26.415, Historic Preservation.
E. Lighting. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting complies with the City’s outdoor
lighting standards unless otherwise approved and noted in the final PUD documents.
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F. Common Park, Open Space, or Recreation Areas. If the proposed development includes a
common park, open space or recreation area, a proportionate, undivided interest in all
common park and recreation areas is deeded in perpetuity (not for a number of years) to each
lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. An
adequate assurance through a legal instrument for the permanent care and maintenance of
open spaces, recreation areas and shared facilities together with a deed restriction against
future residential, commercial or industrial development is required.
G. Landscaping. The landscape plan exhibits a well-designed treatment of exterior spaces,
preserves existing significant vegetation as determined by the Parks Department and provides
an ample quantity and variety of ornamental plant species suitable for the Aspen area
climate. Existing vegetation or other landscape features proposed to remain in the
development are adequately protected. Site drainage is accommodated for the proposed
development in a practical and reasonable manner and shall not negatively impact
surrounding properties. Adequate snow storage is accommodated.
H. Improvements. The improvements set forth at Title ***, Engineering Design Standards,
shall be provided for the proposed PUD.
I. Public Infrastructure and Facilities. The location of all public facilities, including roads,
water service, sewer service, and the like needed to service the development has been
addressed.
J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be defined in the adopted final PUD development plan. The phasing plan shall be
designed to function as a complete development and shall not be reliant on subsequent
phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the
construction of later phases. All necessary or proportionate improvements to public
facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used
jointly by residents of the PUD, construction of any required affordable housing and any
mitigation measures shall be completed concurrent or prior to the respective impacts
associated with the phase.
26.445.060. Application materials.
A. Conceptual PUD. The contents of a development application for a conceptual development
plan shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
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3. A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A statement outlining in conceptual terms how the proposed development will be served
with the appropriate public facilities and how assurances will be made so those public
facilities are available to serve the proposed development.
6. An architectural character plan showing the use, massing, scale and orientation of the
proposed buildings, and outlining the suitability of a building for its purposes, legibility
of the building's use, the building's proposed massing, proportion, scale, orientation to
public spaces and other buildings, use of materials and other attributes which may
significantly represent the proposed development.
7. A description of the dimensional requirements and land uses being established for the
proposed development. All dimensional requirements shall be established in the PUD.
8. A written response to each of the PUD review criteria contained in Section 25.445.040.
B. Final and consolidated PUD. The contents of the development application for a final, and
consolidated conceptual and final PUD shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
3. A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, infrastructure
improvements and site drainage.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A landscape plan depicting:
a) The type, location and size of all existing plant materials and other landscape
features.
b) The proposed method of protecting vegetation through construction.
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c) The type and location of all proposed plant materials, other landscape features,
proposed treatment of ground surfaces and erosion control and a plant material
schedule with common and botanical names, sizes and quantities.
6. A grading and drainage plan showing all grading and how drainage and stormwater is
accommodated.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development and what specific assurances will be made to ensure the public
facilities will be available to accommodate the proposed development.
8. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
9. A description of how the proposed dimensional requirements and land uses comply with
the Conceptual Review approval.
10. A description of any proposed project phasing detailing the specific improvements
proposed for each phase.
11. A written response to each of the PUD review criteria contained in Section 26.445.050.
12. A proposed plat which depicts the applicable information required by Subsection 26.490,
Development Documents.
13. Proposed PUD plans and a proposed PUD agreement.
26.445.070. Recording a final PUD development plan.
A. General.
Unless otherwise specified in the City Council ordinance granting final approval of a PUD
development plan, all necessary documents, as applicable, shall be recorded within one hundred
and eighty (180) days of the adoption date of the final PUD. Failure to file these documents
within this time period shall render null and void the approval of a final development plan. The
Community Development Director may extend the recordation deadline if the request is within
the vesting timeline and if there is a community interest for providing such an extension. The
Community Development Director may forward the extension request to City Council.
All documents shall meet the requirements outlined in Chapter 26.490, Development Documents.
Development of the property shall be limited to the uses, density, configuration and all other
elements and conditions set forth on the final development plan and PUD agreement.
26.445.080. Placement of PUD designation on Official Zone District Map.
After approval of a final PUD development plan, the Community Development Director shall
amend the City's Official Zone District Map to show a Planned Unit Development (PUD)
designation. The process of establishing a new PUD shall not require a Rezoning Review under
Chapter, 26.310, Amendments to the Land Use Code and Official Zone District Map, as the act of
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approving a Final PUD and issuance of a Development Order authorizes the designation on the
City’s Official Zone District Map.
26.445.090. Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final PUD development plan may be authorized by the Community
Development Director. An insubstantial amendment shall meet the following criteria:
1. The proposal does not change the use or character of the development.
2. The proposal is consistent with all conditions or representations in the project's original
approval.
3. The proposal will not require granting a variation from the project's approved use(s).
4. Any proposed changes to the approved dimensional requirements are limited to a technical
nature, or respond to a design parameter that could not have been foreseen in during the
original approval.
The action by the Community Development Director shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Community Development Director, pursuant to Chapter 26.316, Appeals.
B. Minor Amendment. An amendment found to be consistent with or an enhancement of the
approved final development plan by the Community Development Director, but which does not
meet the established thresholds for an insubstantial amendment, may be approved, approved with
conditions or denied by the Planning and Zoning Commission, at a public hearing. The Planning
and Zoning Commission may consider any applicable review criteria outlined in sections
26.445.040 and 26.445.050 to determine if the amendment should be approved.
The action by the Planning and Zoning Commission shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Planning and Zoning Commission to the City Council. In this case, the determination made by
the Planning and Zoning Commission shall be considered a recommendation and the amendment
shall be subject to final development plan review and approval by the City Council at a public
hearing.
C. Major Amendment. An amendment found to be inconsistent with the approved final
development plan by the Community Development Director shall be subject to final
development plan review and approval by City Council at a public hearing. The amendment
shall be reviewed against both Conceptual and Final PUD Review Criteria, sections 26.445.040
and 26.445.050.
D. Conditions. During the review of a proposed amendment, the Planning and Zoning
Commission and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community circumstances. This shall
include, but not be limited to, portions of the development which have not obtained building
permits or are proposed to be amended, any new community policies or regulations which have
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been implemented since the original approval or changed or changing community circumstances
as they affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review process.
E. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated PUD on the Official Zone District Map, an accurate
improvements survey of existing conditions may be substituted to permit evaluation of whether
the proposal is an insubstantial or other amendment.
F. Boundary Amendment. The boundaries of a parcel previously designated Planned Unit
Development (PUD) may be amended through Steps One and Two, as outlined in Section
26.445.030(C), Steps required.
G. Rescinding a PUD. The removal of a Planned Unit Development (PUD) designation from a
parcel for cause may be approved by City Council at a duly noticed public hearing. When no
cause is shown, removal of a PUD designation shall follow Steps One and Two, as outlined in
Section 26.445.030(C), Steps required, but shall require demonstration of why the land no longer
meets the standards of review.
Section 4: Sec. 26.470.110.A, Growth Management Review Procedures – General, shall be
amended as follows:
[No Changes to 1 – 4]
5. PUD review. Projects requiring approval of a Planned Unit Development Plan, pursuant
to Chapter 26.445, may be reviewed concurrently with review for growth management,
pursuant to Paragraph 26.304.060.B.1.
6. Conceptual Commercial Design Review. Commercial, lodging and mixed-use projects
requiring conceptual commercial design review approval, pursuant to Chapter 26.412,
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.B.1.
[No Changes to 7 – 10]
Section 5: Sec. 26.710.230, Zone Districts – Academic, shall be amended as follows:
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District is to proceed according to a conceptual
development plan and final development plan approved pursuant to the provisions of Chapter
26.445, Planned Unit Development.
[No Changes to B – C]
D. Dimensional requirements. The dimensional requirements which shall apply to all
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permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a conceptual development plan and final development plan, pursuant to Chapter 26.445, Planned
Unit Development.
Section 6: Sec. 26.208.010.E-P, City Council - Powers and Duties, shall be amended as follows:
[No Changes to A – D]
E is deleted
All subsequent lettered subsections (F – P) shall be re-numbered to E - O.
Section 7: Sec. 26.210.020.B.16-24, Community Development Department – Jurisdiction,
Authority and Duties, shall be amended as follows:
[No Changes to 1 - 15]
16 is deleted
All subsequent lettered subsections (17-24) shall be re-numbered to 16-23.
Section 8: Sec. 26.212.010.F-R, Planning and Zoning Commission – Powers and Duties, shall
be amended as follows:
[No Changes to A – E]
F is deleted
All subsequent lettered subsections (G – R) shall be re-numbered to F – Q.
Section 9: Sec. 26.304.060.A, Review of a development application by decision-making bodies
– Review of procedures and standards, shall be amended to delete the reference to Specially
Planned Areas (SPA).
Section 10: Sec. 26.412.040.A, Commercial Design Review – Review procedure, Review
Process, shall be amended as follows:
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre-application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.B of this Title.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
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scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.040.B, Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
[No changes to subsections 1 – 5]
Section 11: Sec. 26.304.040, Common Development Review Procedures – Initiation of
application for development order, shall be amended as follows:
26.304.040. Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or persons owning
more than fifty percent (50%) of the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the
purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310)
or to designate a Planned Unit Development (PUD) (Chapter 26.445) and (3) the City Council,
Planning and Zoning Commission or Historic Preservation Commission for the purpose of
designating an H, Historic Overlay District or designating a property on the Aspen Inventory of
Historic Landmark Sites and Structures.
Section 12: Sec. 26.510.020, Signs – Applicability and scope, shall be amended as follows:
26.510.020 Applicability and scope
This Chapter shall apply to all signs of whatever nature and wherever located within the City
except for those signs permitted through a Planned Unit Development (PUD).
Section 13: Sec. 26.590.030.C.4 – Exempt timesharing, Review standards for exemption, shall
be amended as follows:
The conversion of any multi-family dwelling unit that meets the definition of residential multi-
family housing to timesharing shall comply with the provisions of Section 26.470.070(5),
Demolition or redevelopment of multi-family housing, even when there is no demolition of the
existing multi-family dwelling unit.
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Section 14: Sec. 26.590.040, Timeshare Development – Procedure for review of timeshare
lodge development application, shall be amended as follows:
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
[No changes to section A]
B. Consolidated PUD Review. The Community Development Director may determine that
because a timeshare lodge development is a conversion of an existing building or because of
the limited extent of the issues involved in the proposal, the three step PUD review process
should be consolidated into a two-step review, pursuant to Subsection 26.445.030.B.2,
Consolidated PUD Review. The Community Development Director is also authorized to
waive those PUD submission requirements from Section 26.445.060 and review standards
from Sections 26.445.040 and 26.445.050 that the Director finds are not applicable to a
proposed timeshare development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with PUD review, as authorized by
Subsection 26.304.060.B, Combined reviews, and by Subsection 26.445.030.B.5, Concurrent
associated reviews.
[No changes to sections D - E]
Section 15: Sec. 26.590.050, Timeshare Development – Contents of application, shall be
amended as follows:
26.590.050. Contents of application
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for PUD and subdivision, the application for timeshare
lodge development shall include the following information. For projects that require both
conceptual and final PUD review it is expected that this information will be provided in a
preliminary manner at the conceptual stage and in a detailed manner at the final stage.
[No changes to sections A - H]
Section 16: Sec. 26.590.070, Timeshare Development – Review standards for timeshare lodge
development, shall be amended as follows:
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the PUD and Subdivision applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
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conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the conceptual PUD application. The fiscal impact study shall contain at least
the following comparisons between the existing lodge operation and the proposed timeshare
lodge development:
[No changes to subsections 1-3]
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
upgrading that is to be accomplished shall be determined as part of the Conceptual PUD review,
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi-family dwelling unit that meets the definition of residential
multi-family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi-family housing, even when there is
no demolition of the existing multi-family dwelling unit.
[No changes to sections E - J]
Section 17: Sec. 26.590.090, Timeshare Development – Timeshare documents, shall be
amended as follows:
26.590.090. Timeshare documents
At the same time the applicant submits the PUD development plan and PUD agreement to the
City for recordation, pursuant to Section 26.490, Development Documents, or submits the
necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the Conceptual PUD application.
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[No changes to sections A-B]
Section 18: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 19: 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 20: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 21:
A public hearing on this ordinance shall be held on the 23rd day of Septemner, 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, a minimum of fifteen days prior to which hearing a public notice of the same shall
be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 9th day of September, 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:
___________________________
City Attorney
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ORDINANCE No. 37
(Series of 2013)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS
TO CHAPTER 26.480 – SUBDIVISION AND SECTION 26.104.100 – DEFINTIONS,
OF THE CITY OF ASPEN LAND USE CODE.
WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of
Aspen Land Use Code, the City Council of the City of Aspen directed the Community
Development Department to prepare amendments to the subdivision chapter of the
Land Use Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed
and acted on by City Council, and then final action by City Council after reviewing and
considering the recommendation from the Community Development; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach regarding the code amendment; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on June 24, 2013, the City Council approved Resolution No.67, Series of 2013,
requesting code amendments to the Subdivision Chapter of the Land Use Code; and,
WHEREAS, the Community Development Director has recommended approval
of the proposed amendments to the City of Aspen Land Use Code Chapter 26.480 –
Subdivision and Section 26.104.100 – Definitions; and,
WHEREAS, the Aspen City Council has reviewed the proposed code amendments
and finds that the amendments meet or exceed all applicable standards pursuant to Chapter
26.310.050; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is
necessary for the promotion of public health, safety, and welfare; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1: The definition of the term “subdivision” contained within Section 26.104.100,
shall be amended to read as follows:
Subdivision. The alteration of any physical or legal description or interest in real
estate. (See Chapter 26.480 – Subdivision.)
Section 2: Chapter 26.480 – Subdivision, which Chapter describes the applicability,
prohibitions, review process, and requirements for subdivision approval, shall read as
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follows:
Chapter 26.480
SUBDIVISION
26.480.010. Purpose.
26.480.020. Applicability, Prohibitions, and Lot Merger
26.480.030. Procedures for Review
26.480.040. General Subdivision Review Standards.
26.480.050. Administrative Subdivisions
26.480.060. Minor Subdivisions
26.480.070. Major Subdivisions
26.480.080. Subdivision Application Contents
26.480.090. Subdivision Amendments
26.480.100. Appeals
26.480.010. Purpose.
The purpose of this Chapter is to: (a) assist in the orderly and efficient development of
the City; (b) ensure the proper distribution of development; (c) encourage the well-
planned subdivision of land by establishing standards for the design of a subdivision; (d)
safeguard the interests of the public and the subdivider and provide consumer protection
for the purchaser; (e) provide procedures so that development encourages the
preservation of important and unique natural or scenic features, including but not limited
to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic features or
edges of rivers and other bodies of water; and (f) promote and protect the health, safety
and general welfare of the residents of the City of Aspen.
26.480.020. Applicability, Prohibitions, and Lot Merger.
A. Applicability This Chapter shall apply to the division or aggregation of real estate
into lots, parcels, tracts, or other physical units or legal interests of land, for the
purpose of transferring or enabling transfer of deeded interests in real estate including
fee simple interest, fractional fee interest, timeshare or time-span estate,
condominium interest, interest in a common interest community, or similar forms of
real estate interest.
This Chapter shall apply to the creation, alteration, realignment, amendment,
vacation, or elimination of any lot line, property boundary, subdivided real estate
interest, or other physical or legal definition of real estate, established by or reflected
on a plat or deed recorded in the office of the Pitkin County Clerk and Recorder.
This Chapter shall apply to the dedication, boundary alteration, realignment, or any
partial or whole vacation of a Street, Alley, or other vehicular right-of-way.
This Chapter shall apply to creating, amending, aggregating, or vacating separate
deeded interests in a property including fractional fee interest, timeshare or time-span
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estate, condominium interest, interest in a common interest community, or similar
forms of real estate interest.
Unless undertaken for the purpose of evading the procedures and requirements of
Subdivision, this Chapter does not apply to the following activities:
1. A division of land created by judicial proceeding or order of a court of competent
jurisdiction in this State, or by operation of law, provided that the city is given
notice of and an opportunity to participate in the judicial proceeding prior to the
entry of any such court order.
2. A division of land reflected or created by a lien, mortgage, deed of trust or any
other security instrument.
3. A division of land created or reflected in a security or unit of interest in any
investment trust regulated under the laws of Colorado, or any other interest in an
investment entity.
4. A division of land to create cemetery plots.
5. A division of land creating an interest in oil, gas, minerals or water which is
severed from the surface ownership or real property.
6. A division of land created by the acquisition of an interest in land by reason of
marriage or blood relationship, joint-tenancy, or tenants-in-common. Any such
interest is for the purposes of this Title a single interest.
7. The creation of an undivided leasehold interest in an entire parcel of land.
8. The creation of a leasehold interest in a portion of a parcel for a period of twenty
(20) years or less.
9. The creation of or transfer of a Transferable Development Right, pursuant to
Chapter 26.535
10. The creation of or transfer of a Certificate of Affordable Housing Credit, pursuant
to Chapter 26.540.
11. Any development or redevelopment which does not alter the physical boundaries
or legal description of a parcel.
12. The creation, dedication, alteration, realignment, or vacation of non-vehicular
easements such as utility or ditch easements, pedestrian or recreational trail
easements, open space or similar use restrictions or easements, or other similar
easements unrelated to vehicular access.
13. The creation, dedication, alteration, realignment, or vacation of a shared driveway
easement when all affected parcels adjoin a public right-of-way.
B. Prohibitions.
1. It shall be unlawful for any person to develop, lease, or sell any parcel of land,
including any separate interest in a parcel of land (including leasehold interest or
condominium interest) in the City until it has been subdivided and a plat recorded
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in the office of the County Clerk and Recorder pursuant to the terms of this
Chapter.
A written agreement to sell or lease an interest in a parcel of land which is
expressly conditioned upon full compliance by the seller with this Chapter within
a specified period of time and which expressly recites that seller's failure to satisfy
such condition within said period of time shall terminate the agreement and entitle
the buyer to the prompt return of all consideration paid by the buyer, shall not
constitute a violation of this Chapter.
2. Unless otherwise merged by operation of the lot merger provision below, merging
or combining lots or parcels into one lot shall require subdivision approval
pursuant to this Chapter. Lots shall not be considered merged, or otherwise
legally combined, by a structure spanning the property boundary and shall
continue to be separate ownership interests unless combined pursuant to this
Chapter.
3. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided,
acquired, separated from or combined with another parcel without subdivision
approval pursuant to this Chapter. The lot lines established in a subdivision shall
not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined
with a part of any other lot without subdivision approval pursuant to this Chapter.
Conveyances intended to avoid or circumvent any provision of this Chapter shall
be prohibited. A leasehold interest of 20 years or less of a portion of a lot or
parcel shall not be considered a conveyance.
C. Lot Merger. If two (2) or more lots within the Original Aspen Townsite or additions
thereto had continuous frontage and were in single ownership (including husband and
wife) on October 27, 1975, the lots shall be considered an undivided lot for the
purposes of this title and conveyance of any portion shall require subdivision
approval pursuant to this Chapter. Exempt shall be any lot within a subdivision
approved by the City of Aspen or Pitkin County.
The Aspen Townsite or addition thereto includes all lands depicted on the Aspen
incorporation plat of record, dated 1880, plus any lands annexed to the City on or
before October 27, 1975.
26.480.030. Procedures for Review.
A development application for a subdivision approval shall be reviewed pursuant to the
following procedures and standards and the Common Development Review Procedures
set forth at Chapter 26.304. According to the type of subdivision requested, the
following steps are necessary:
A. Administrative Subdivisions. The Community Development Director shall approve,
approve with conditions or deny the application, based on the standards of review in
Section 26.480.050, Administrative Subdivisions.
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B. Minor Subdivisions. City Council, during a duly noticed public hearing, shall
review a recommendation from the Community Development Director and shall approve,
approve with conditions, or deny an application for minor subdivision, based on the
standards of review in Section 26.480.060, Minor Subdivision. This requires a one-step
process as follows:
Step One – Public Hearing before City Council.
1. Purpose: To determine if the application meets the standards for minor
subdivision approval.
2. Process: City Council shall approve, approve with conditions, or deny the
application after considering the recommendation of the Community
Development Director and comments and testimony from the public at a duly
noticed public hearing.
3. Standards of review: 26.480.060.
4. Form of decision: City Council decision shall be by ordinance. The
ordinance shall include a description or diagram of the subdivision and require
timely recordation of a subdivision plat.
5. Notice requirements: Posting, Mailing and Publication pursuant to
Subparagraph 26.304.060.E.3, in addition to the requisite notice requirements
for adoption of an ordinance by City Council.
C. Major Subdivisions. City Council, during a duly noticed public hearing, shall
review a recommendation from the Community Development Director, a
recommendation from the Planning and Zoning Commission and shall approve, approve
with conditions, or deny an application for major subdivision, based on the standards of
review in Section 26.480.070, Major Subdivision. This requires a two-step process as
follows:
Step One – Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for major
subdivision approval.
2. Process: The Planning and Zoning Commission shall forward a
recommendation of approval, approval with conditions, or denial to City
Council after considering the recommendation of the Community
Development Director and comments and testimony from the public at a
duly noticed public hearing.
3. Standards of review: 26.480.070.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
5. Notice requirements: Posting, Mailing and Publication pursuant to
Subparagraph 26.304.060.E.3.
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Step Two – Public Hearing before City Council.
1. Purpose: To determine if the application meets the standards for major
subdivision approval
2. Process: The Community Development Director shall provide City
Council with a recommendation to approve, approve with conditions, or
deny the application, based on the standards of review. City Council shall
approve, approve with conditions, or deny the application after
considering the recommendation of the Community Development
Director, the recommendation from the Planning and Zoning Commission,
and comments and testimony from the public at a duly noticed public
hearing.
3. Standards of review: 26.480.070.
4. Form of decision: City Council decision shall be by ordinance. The
ordinance shall include a description or diagram of the subdivision and
require timely recordation of a final subdivision plat.
5. Notice requirements: Posting, Mailing and Publication pursuant to
Subparagraph 26.304.060.E.3, in addition to the requisite notice
requirements for adoption of an ordinance by City Council.
26.480.040. General Subdivision Review Standards.
All subdivisions shall be required to conform to the following general standards and
limitations in addition to the specific standards applicable to each type of subdivision:
A. Growth Management Approval. Subdivision approval shall only be granted to
applications for which all growth management approvals have been granted pursuant
to, or are exempt from the provisions of, Chapter 26.470 – Growth Management
Quota System, including compliance with all affordable housing requirements for
new and replacement development as applicable.
B. Improvements. The improvements set forth in the adopted Engineering Design
Standards, shall be provided for the proposed subdivision.
C. Public Infrastructure and Facilities. At the sole costs of the developer, the
proposed subdivision shall upgrade public infrastructure and facilities necessary to
serve the subdivision. The City may require certain public infrastructure or facilities
to be oversized in anticipation of future needs or the development of adjacent parcels
and shall reimburse the developer proportionately for the additional improvement or
establish a cost-recovery agreement.
D. Guaranteed Access to a Public Way. All subdivided lots must have perpetual
unobstructed legal and physical vehicular access to a public way. A proposed
subdivision shall not eliminate physical or legal access from a public way to an
adjacent property and shall not restrict the ability for an adjacent property to develop.
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E. Alignment with Original Townsite Plat. The proposed lot lines shall approximate,
to the extent practical, the platting of the Original Aspen Townsite, and additions
thereto, as applicable to the subject land. Minor deviations from the original platting
lines to accommodate significant features of the site may be approved.
F. Zoning Conformance. All new lots shall conform to the requirements of the zone
district in which the property is situated, including variations and variances approved
pursuant to this Title. A single lot shall not be located in more than one zone district
unless unique circumstances dictate. A rezoning application may be considered
concurrently with subdivision review.
G. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or
increase the non-conformity of a use, structure or parcel. A rezoning application or
other mechanism to correct the non-conforming nature of a use, structure, or parcel
may be considered concurrently.
In the case where an existing structure or use occupies a site eligible for subdivision,
the structure need not be demolished and the use need not be discontinued prior to
application for subdivision.
If approval of a subdivision creates a non-conforming structure or use, including a
structure spanning a parcel boundary, such structure or use may continue until
recordation of the subdivision plat. Alternatively, the City may accept certain
assurance that the non-conformities will be remedied after recordation of the
subdivision plat. Such assurances shall be reflected in a development agreement or
other legal mechanism acceptable to the City Attorney and may be time-bound or
secured with a financial surety.
26.480.050 Administrative Subdivisions
The following types of subdivision shall be approved, approved with conditions, or
denied by the Community Development Director, pursuant to Section 26.480.030 –
Procedures for Review, and the standards and limitations of each type of subdivision,
described below:
A. Condominiumization. A subdivision to establish, amend, or vacate separate
ownership interests of a single property in a Condominium or Common Ownership
Interest Community form of ownership shall be approved, approved with conditions, or
denied by the Community Development Director, pursuant to Section 26.480.030,
Procedures for Review and according to the following standards:
1. The act shall be limited to allocating ownership interests of a single parcel and
shall not effect a division of the parcel into multiple lots, an aggregation of the
parcel with other lands, a change in use of the property, and shall not operate as
an abatement of other applicable regulations affecting the property.
2. The approved Condominium Plat shall be recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490 – Development
Documents. No subdivision agreement need be prepared or entered into between
the applicant and the City unless the Community Development Director
determines such an agreement is necessary.
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B. Exempt Timesharing. A subdivision necessary to establish, amend, or vacate time-
span estates that comply with the requirements of Section 26.590.030, Exempt
Timesharing, shall be approved, approved with conditions, or denied by the
Community Development Director if the requirements of Section 26.590.030, Exempt
Timesharing, are met. This form of subdivision shall not be used to create any
additional lots or dwelling units.
C. Boundary Adjustment. An adjustment of a lot line between contiguous lots shall be
approved, approved with conditions, or denied by the Community Development
Director, pursuant to Section 26.480.030, Procedures for Review, according to the
following standards:
1. The request permits a boundary adjustment between contiguous parcels or
corrects an error in a recorded plat.
2. The adjustment results in the same number of parcels. Changes in development
rights for the individual lots may occur.
3. The request complies with the standards D-H of Section 26.480.040, General
Subdivision Review Standards.
4. The adjustment does not result in a parcel lying in more than one zone district.
For adjustments between parcels located in different zone districts, the adjustment
shall be approved only upon an amendment to the Official Zone District Map.
Please see Section 26.304.060.B.2 and Chapter 26.310.
5. For adjustments between parcels located in a Planned Unit Development, the
adjustment shall be approved only upon an amendment to the PUD. Please see
Section 26.304.060.B.2 and Chapter 26.445.
6. The approved Boundary Adjustment Plat shall be recorded in the office of the
Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Development
Documents. No subdivision agreement need be prepared or entered into between
the applicant and the City unless the Community Development Director
determines such an agreement is necessary.
26.480.060 Minor Subdivisions
The following types of subdivision may be approved by the City Council, pursuant to the
provisions of Section 26.480.030 – Procedures for Review, and the standards and
limitations of each type of subdivision, described below:
A. Lot Split. The subdivision of a lot for the purpose of creating one additional
development parcel shall be approved, approved with conditions, or denied by the City
Council, pursuant to Section 26.480.030 – Procedures for Review, according to the
following standards:
1. The request complies with the standards D-H of Section 26.480.040, General
Subdivision Review Standards.
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2. No more than two lots are created by the lot split. No more than one lot split shall
occur on any one fathering parcel.
3. The approved Lot Split Plat shall be recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490 – Development Documents. No
subdivision agreement need be prepared or entered into between the applicant and
the City unless the Community Development Director determines such an
agreement is necessary.
B. Historic Landmark Lot Split. The split of a lot that is a designated Historic
Landmark for the purpose of creating one additional development parcel shall be
approved, approved with conditions, or denied by the City Council, pursuant to Section
26.480.030 – Procedures for Review, after a recommendation is provided by the Historic
Preservation Commission pursuant to Section 26.415.110(A) Historic Landmark Lot
Split, and according to the following standards:
1. The request complies with the standards D-H of Section 26.480.040, General
Subdivision Review Standards.
2. The fathering parcel is listed in the Inventory of Historic Sites and Structures.
3. No more than two lots are created by the Historic Landmark Lot Split. No more
than one historic landmark lot split shall occur on any one fathering parcel.
4. In residential zone districts, the allowable Floor Area for each new residential lot
shall be established by allocating the total allowable Floor Area of the fathering
parcel to each of the new lots such that no overall increase in Floor Area is
achieved and no individual lot allows a Floor Area in excess of that allowed a
similarly-sized lot in the same zone district. An equal distribution is not required.
The allowable Floor Area for each new lot shall be noted on the Historic Lot Split
Plat.
Any Floor Area bonus already granted by the Historic Preservation Commission
shall be allocated to each individual parcel and shall also be noted on the plat as a
square footage bonus. If the properties remain eligible for a Floor Area bonus
from the Historic Preservation Commission, the plat and subdivision agreement
shall specify the manner in which this potential bonus shall be allocated to the two
properties if received.
In non-residential zones districts, the Floor Area shall be calculated according to
the limitations of the zone district applied to each new lot as permitted for the use.
The total Floor Area shall not be stated on the plat because the floor area will be
determined by the use established on each parcel.
4. The approved Historic Lot Split Plat shall be recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490 – Development
Documents. No subdivision agreement need be prepared or entered into between
the applicant and the City unless the Community Development Director
determines such an agreement is necessary.
*Note – Historic properties eligible for a standard lot split are not required to proceed
through the historic lot split process.
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26.480.070 Major Subdivisions
The following subdivisions shall be approved, approved with conditions, or denied by the
City Council, after receiving a recommendation from the Planning and Zoning
Commission. Major subdivisions are subject to Section 26.480.030 – Procedures for
Review, the standards and limitations of Section 26.480.040 – General Subdivision
Review Standards, and the standards and limitations of each type of subdivision,
described below. All subdivisions not defined as administrative or minor subdivisions
shall be considered major subdivisions.
A. Land Subdivision. The division or aggregation of land for the purpose of creating
individual lots or parcels shall be approved, approved with conditions, or denied
according to the following standards:
1. The subdivision complies with the standards and limitations of Section
26.480.040 – General Subdivision Review Standards.
2. The proposed subdivision enables an efficient pattern of development that
optimizes the use of the limited amount of land available for development.
3. The proposed subdivision preserves important geologic features, mature
vegetation, and structures or features of the site that have historic, cultural, visual,
or ecological importance or relevance.
4. The proposed subdivision prohibits development 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 could harm the health, safety, or welfare of the community.
5. The proposed subdivision meets the School Land Dedication requirements of
Chapter 26.620 and any land proposed for dedication meets the criteria for land
acceptance pursuant to said Chapter.
6. A Subdivision Plat shall be recorded in the office of the Pitkin County Clerk and
Recorder, pursuant to Chapter 26.490 – Development Documents.
7. A Subdivision Agreement shall be recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490 – Development Documents.
B. Vehicular Rights-of-Way. The dedication, boundary alteration, realignment, or any
partial or whole vacation of a Street, Alley, or other vehicular right-of-way serving
more than one parcel, shall be approved, approved with conditions, or denied
according to the following standards:
1. The proposed change maintains or improves the public health, safety, and welfare
of the community and is in the best interests of the City of Aspen.
2. The proposed change to the public rights-of-way maintains or improves safe
physical and legal access from a public way to all adjacent properties and shall
not restrict the ability for a property to develop by eliminating or hindering
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access. Redundant access, such as a primary street access plus alley access, is
preferred.
3. The proposed change is consistent with applicable adopted policies, plans, and
approved projects for the area (such as a highway access policy, an approved
development project, an infrastructure plan, a trails plan, an improvement district
plan, and the like).
4. The proposed change maintains or improves normal circulation, traffic control
capabilities, access by emergency and service vehicles, and street maintenance
needs including snow removal.
5. For all new rights-of-way and physical changes to existing rights-of-way, the
applicant shall design and construct the proposed right-of-way improvements
according to the design and construction standards of the City Engineer. Upon
completion, the right-of-way improvements shall be subject to inspection and
acceptance by the City Engineer. The City may require a performance warranty.
The requirements of this criterion shall be reflected in a Development Agreement.
6. For partial or full vacation of existing rights-of-way, the applicant shall
demonstrate the right-of-way, or portion thereof, has no current or future use to
the community as a vehicular way, utility corridor, pedestrian way, or recreational
connection due to dimensions, location, topography, existing or proposed
development, or other similar circumstances. The City shall consider whether the
interests of the applicant and the City can be achieved through a “closure” of the
right-of-way.
7. A Right-of-Way Dedication/Vacation Plat shall be recorded in the office of the
Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Development
Documents. The plat shall demonstrate how the lands underlying vacated rights-
of-way shall accrue to adjacent parcels in compliance with State Statute.
8. A Development Agreement shall be recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490 – Development Documents. This
requirement may be waived if no right-of-way construction is proposed.
26.480.080. Subdivision Application Contents.
An application for a subdivision shall include the following:
A. The general application information required in common development review
procedures set forth at Section 26.304.030.
B. Written responses to the review criteria applicable to the request.
C. A Draft Plat meeting the plat requirements of Chapter 26.490. The contents of the plat
and supplemental information shall be of sufficient detail to determine whether the
proposed subdivision meets the standards of this Chapter.
D. For Major Subdivision applications involving the addition of 10 or more residential
units, 20 or more lodging units, or 20,000 square feet or more of commercial space
(or any equivalent combination thereof), “ability-to-serve” letters from public and
private utility providers that will service the proposed subdivision with potable water,
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natural gas, electricity, sanitary sewer, storm sewer, road, and transit services stating
they can service the proposed subdivision. Ability-to-Serve letters shall be
substantially in the following format:
The [utility provider] has reviewed the proposed [subdivision name and date of
application] subdivision and has adequate capacity to serve proposed
development, subject to compliance with the following adopted design standards
[reference] and subject to the following adopted tap fee or impact mitigation
requirements [reference].
E. For Major Subdivision applications, a statement and applicable plans and
specifications regarding the adequacy of public infrastructure and proposed upgrades
to serve the subdivision.
F. For Major Subdivision applications, a statement and applicable plans and
specifications regarding compliance with applicable requirements of the City’s
adopted Engineering Design Standards.
G. For Major Subdivision applications, a statement regarding School Land Dedication
requirements of Section 26.620.060 and a description of any lands to be dedicated to
meet the standard.
H. For changes to vehicular rights-of-way, a statement and depiction on the draft plat
regarding compliance with State Statute.
26.480.090. Subdivision Amendments
A. Release of minimum lease deed restrictions. Upon request by the property owner,
minimum lease deed restrictions imposed by the City Council as a condition of
condominiumization approval (which was common practice prior to July 1, 1992)
shall be voided by the Community Development Director. The Director shall
extinguish the City’s interest in the restriction by issuance of a written decision notice
in a recordable format acceptable to the property owner and the City Attorney.
B. Insubstantial amendment. An insubstantial amendment to an approved subdivision
or between adjacent subdivisions may be authorized by the Community Development
Director. An insubstantial amendment shall be limited to technical or engineering
considerations which could not reasonably have been anticipated during the approval
process or any other minor change to a subdivision which the Community
Development Director finds has no substantial effect upon the subdivision or to the
allowances and limitations of the subdivision.
C. Minor amendment. An amendment to an approved subdivision found to be
generally consistent with the original approval but which does not qualify for an
insubstantial amendment may be approved, approved with conditions, or denied by
the City Council. The amendment must either respond to issues raised during the
original review or must address an issue that could not have been reasonably
anticipated during the review. The City Council must find that the change is minor
and that it is consistent with or an improvement to the approved subdivision.
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Notwithstanding the above, the City Council may find that an amendment request is
substantial and should require review as a Major Amendment.
D. Major Amendment. If the Community Development Director finds that the
amendment request is inconsistent with the original approval, the amendment shall be
subject to review as a new subdivision pursuant to the procedures and requirements of
this Chapter.
E. Plat Vacation. Vacation of an approved plat or any other document recorded in
conjunction with a plat shall be reviewed by the corresponding review body
established in this Chapter with jurisdiction for approving the plat or document. The
review body shall apply the applicable standards of review established in this Chapter
and shall also consider whether the applicant has demonstrated good cause. If no
review body has established jurisdiction, the document may be vacated by the City
Council if good cause is demonstrated.
26.480.100. Appeals.
An applicant aggrieved by a decision made by the Community Development Director
regarding this Chapter may appeal the decision to the City Council, pursuant to Chapter
26.316.
Section 3: Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4: 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 5: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
become effective thirty (30) days following final passage.
Section 6:
A public hearing on this ordinance shall be held on the 23rd day of September, 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, a minimum of fifteen days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of September, 2013.
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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:
___________________________
City Attorney
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Page 1 of 1
Exhibit A: Staff Findings
26.310.050 Amendments to the Land Use Code Standards of review - Adoption.
In reviewing an application to amend the text of this Title, per Section 26.310.020(B)(3), Step
Three – Public Hearing before City Council, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
Staff Findings:
The proposed code amendments are consistent with the Land Use Code. They update the City’s
subdivision, PUD and SPA requirements and processes to reflect current development conditions
and responds to input from the local development community. Staff finds this criterion to be
met.
B. Whether the proposed amendment achieves the policy, community goal, or objective
cited as reasons for the code amendment or achieves other public policy objectives.
Staff Findings:
Earlier this year, City Council identified a number of work program priorities for Community
Development. Updating the PUD, SPA, and Subdivision Chapters to the Land Use Code was
one of those. Council expressed interest in creating a more predictable process for these reviews,
as is called for in the 2012 AACP. Staff finds this criterion to be met.
C. Whether the objectives of the proposed amendment are compatible with the
community character of the City and in harmony with the public interest and the
purpose and intent of this Title.
Staff Findings:
The intent of the proposed amendment is to ensure a predictable and fair review of land use
applications. Staff finds this criterion to be met.
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Exhibit B – Proposed PUD/SPA Code Amendments, Track Changes Version
Chapter 26.440, SPECIALLY PLANNED AREA (SPA), is deleted in its entirety.
Chapter 26.445
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
Sec. 26.445.010. Purpose.
Sec. 26.445.020. Applicability.
Sec. 26.445.030. Procedures for review.
Sec. 26.445.040. General provisionsConceptual PUD Review Standards.
Sec. 26.445.050. Review standards: conceptual, final, consolidated and minor PUDFinal
PUD Review Standards.
Sec. 26.445.060. Application materials.
Sec. 26.445.070. Recording a final PUD development plan.
Sec. 26.445.080. Notice of PUD designation.
Sec. 26.445.0890. Placement of PUD designation on Official Zone District Map.
Sec. 26.445.1090. Amendment of PUD development order.
Sec. 26.445.110. Enforcement of PUD development order.
26.445.010. Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and
innovation in the development of land which:
A. Promotes the purposes, goals and objectives of the Aspen Area Community Planany
applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
underlying zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
G. Allows the development of mixed land uses through the encouragement of innovative design
practices that warrant variations from the standard permitted zone district land uses and
dimensional requirements.
26.445.020. Applicability.
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A PUD is permitted as an overlay in any zone district and on any land located within the City of
Aspen boundaries. All land with a PUD designation shall also be designated with an underlying
zone district designation most appropriate for that land.
Before any development shall occur on land designated Planned Unit Development (PUD) on the
official zone district map or before development can occur as a PUD, it shall receive final PUD
approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final
development plan be required for the construction of a single detached- or duplex-residential
dwelling on a separate lot, in conformance with the General Provisions of this Chapter, Section
26.445.0340(F), Single-Family and Duplex Development below. All land with a PUD
designation shall also be designated with an underlying zone district designation most
appropriate for that land.
A development application for a Planned Unit Development (PUD) may be applied for by the
property owners of any proposed development in the City that is on a parcel of land equal to or
greater than twenty-seven thousand (27,000) square feet intended for residential, commercial,
tourist or other development purposes.
A development application for a Planned Unit Development (PUD) may be applied for by the
property owners of any proposed development in the City that is on a parcel of land less than
twenty-seven thousand (27,000) square feet intended for multi-family residential, commercial,
tourist or other development purposes if, prior to application, the Community Development
Director determines the development of the property may have the ability to further the adopted
goals of the community and any applicable adopted regulatory master plans, and that the
provisions of the Planned Unit Development land use review process will best serve the interests
of the community. By virtue of this determination, the application shall not be granted any
special rights or privileges and shall be required to demonstrate compliance with all applicable
portions of this Chapter.
If the Community Development Director determines the proposed development is not suitable to
be reviewed as a Planned Unit Development, the property owner may appeal the decision to the
Planning and Zoning Commission and the Commission, by Resolution and after considering a
recommendation made by the Community Development Director, may determine that the
development of the property may have the ability to further the adopted goals of the community
and any applicable regulatory master plans, and that the provisions of the Planned Unit
Development land use review process will best serve the interests of the community. By virtue
of this determination, the application shall not be granted any special rights or privileges and
shall be required to demonstrate compliance with all applicable portions of this chapter.
A development application for a Minor Planned Unit Development (Minor PUD) may be
applied for by the property owners of a parcel of land located within the Lodge Preservation
Overlay (LP) Zone District intended for development consistent with the purpose of the LP
Overlay Zone District.
(Ord. No. 10-1999, § 2 (part); Ord. No. 52-1999, § 1; Ord. No. 3-2012, § 11)
26.445.030. Procedures for review.
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A. General. Any development within a Planned Unit Development (PUD) or on land
designated with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to
the procedures and standards in this Chapter and the Common Development Review Procedures
set forth at Chapter 26.304. Any land previously designated with a Specially Planned Area
(SPA) Overlay shall be subject to the terms of this Chapter. A rezoning application for
designating a parcel of land with a PUD Overlay shall be received and considered concurrently
with a development application for a final PUD development plan.
B. Types of Review.
1. Conceptual and Final Full PUD Review (Fourthree-sStep rReview). All development
proposed within a PUD, unless eligible for minor review or determined eligible for a
consolidated review, shall be subject to a Full PUD Review consisting of the following
three steps (See also Section 26.445.030(C), Steps Required). Public hearings are
required at each step.
A. reviewed for cConceptual approval Review by the Planning and Zoning Commission.
and
B. Conceptual Review by City Council. and then reviewed for
C. fFinal approval Review by the Planning and Zoning Commission and Council. This is
a four-step process requiring public hearings at steps two, three and four.
2. Consolidated Conceptual and Final PUD Review (two-step rreview). An applicant
may request and the Community Development Director may determine that because of
the limited extent of the issues involved in a proposed PUD in relation to these review
procedures and standards or because of a significant community interest which the
project would serve, it is appropriate to consolidate Cconceptual and Ffinal PUD
Ddevelopment Pplan review, pursuant to this section and Section 26.304.060(B)(1),
Combined Reviews. The Community Development Director shall consider whether the
full fourthree-step review would be redundant and serve no public purpose and inform
the applicant during the pre-application stage whether consolidation will be permitted.
A PUDn application which is determined to be eligible for consolidation shall be
subject to a Consolidated PUD Review consisting of the following two steps (See also
Section 26.445.030(C), Steps Required). Public hearings are required at each step.
A. Review by the Planning and Zoning Commission for compliance with both the
Conceptual and Final review criteria outlined in sections 26.445.040 and 26.445.050.
B. processed pursuant to the terms and procedures of final development plan review -
steps three and fourReview by City Council for compliance with both the Conceptual and
Final review criteria outlined in sections 26.445.040 and 26.445.050. The Planning and
Zoning Commission or the City Council may, during review, determine that the
application should be subject to both conceptual and final plan review, in which case
consolidated review shall not occur.
33. Minor Planned Unit Development Review (two-step review). Due to the limited
extent of the issues involved, a development application requesting approval as a Planned
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Unit Development on a parcel of land located in the Lodge Preservation Overlay (LP)
Zone District shall be processed pursuant to the terms and procedures of Minor Planned
Unit Development plan review (Minor PUD). This two-step process does not require
approval of a conceptual development plan, only review and approval of a final
development plan by the Planning and Zoning Commission and the City Council, with
public hearings occurring at both.
4. Purpose of Conceptual PUD Review. Conceptual PUD Review focuses on the overall
concept and general parameters of a project, and establishes the allowed dimensions and
uses for a project. The intent is to establish the uses and mass and scale of the proposal,
as well as any deviations from zone district requirements. All dimensions shall be
established as part of the Conceptual PUD. Approval of a Conceptual PUD Development
Plan shall be binding.
4. Purpose of Final PUD Review. Final PUD Review focuses on refining a project design,
including establishing final architectural and material details as well as utility and other
infrastructure details. The intent is to perfect and finalize all technical aspects of the
project. The Conceptual PUD approval shall not be revisited as part of the Final PUD
Review, unless changes to the Conceptual PUD approval are proposed by the applicant.
5. Concurrent associated reviews. An applicant may request and the Community
Development Director may determine that an application for development within a PUD
may be combined, during final conceptual review, with a development application for
other land use reviews, including conditional use, special review, ESA review,
subdivision review, text amendment, rezoning and gGrowth mManagement. All
combined reviews shall be Consideration of a code text amendment, a rezoning
application or a Growth Management allocation or exemption may be considered during
Cconceptual Rreview, but are contingent upon the application receiving subject to fFinal
reviewReview approval. If a Consolidated PUD Review has been permitted, all
associated reviews shall be combined with the Consolidated PUD Review.
The Community Development Director shall consider whether the associated reviews
may be reviewed concurrently and inform the applicant during the pre-application stage
whether concurrent reviews will be permitted and if any redundant submission
requirements may be waived.
6. Concurrent Conceptual Commercial Design Review. An applicant may request and
the Community Development Director may determine that an application for
development within a PUD may be combined, during Conceptual PUD Review or
Consolidated PUD Review, with conceptual commercial design review.
Notwithstanding section 26.412.040.B, Commercial Design Review Procedure, Appeals,
notice to City Council and call-up, when Conceptual PUD Review is combined with
conceptual commercial design review, City Council’s Conceptual PUD Review shall
constitute the required commercial design review call-up provisions and procedures, and
no other action otherwise outlined in section 26.412.040.B, Commercial Design Review
Procedure, Appeals, notice to City Council and call-up, shall be required.
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7. Concurrent Historic Preservation Review. An applicant may request and the
Community Development Director may determine that an application for development
within a PUD on a property that is historically designated or located within a Historic
District may be combined, during Conceptual PUD Review or Consolidated PUD
Review, with any applicable Historic Preservation reviews outlined in Chapter 26.415,
Historic Preservation, pursuant to Section 26.304.060(B)(1), Combined Reviews. In such
circumstances, the PUD Review and any other concurrent associated reviews shall be
completed by the Historic Preservation Commission.
Notwithstanding sections 26.415.120.B-D, Historic Preservation, Appeals, notice to City
Council and call-up, when Conceptual PUD Review is combined with a Historic
Preservation review that is subject to said sections, City Council’s Conceptual PUD
Review shall constitute the required call-up provisions and procedures, and no other
action otherwise outlined in sections 26.415.120.B-D, Historic Preservation, Appeals,
notice to City Council and call-up, shall be required.
8. Dimensional and use amendments between Conceptual and Final Reviews. Any
Final PUD application that proposes to increase the Height or Floor Area/FAR
dimensions or amend the land uses established in the Conceptual Ordinance shall require
Council approval, and the Final PUD Development Plan shall be subject to City Council
and Planning and Zoning Commission review, pursuant to Steps Three and Four, as
outlined in Section 26.445.030(C), Steps required. In such circumstances, the Planning
and Zoning Commission shall be a recommending body on the Final PUD Development
Plan, and City Council shall have final review authority.
Minor deviations in other dimensional requirements established in the Conceptual
Ordinance may be reviewed and approved by the Planning and Zoning Commission
during their Final PUD Review pursuant to Section 26.445.050, Final PUD Review
Standards. Deviations not meeting the standards set forth in Section 26.445.050(B),
Minor Dimensional Changes, or changes to the land uses established in the Conceptual
Ordinance, shall be subject to City Council and Planning and Zoning Commission
review, pursuant to Steps Three and Four, as outlined in Section 26.445.030(C), Steps
required. The Conceptual Ordinance, at City Council’s discretion, may include
allowances for dimensional changes between Conceptual and Final.
C. Steps required: Unless consolidated in accordance with Section 26.445.030(B)(2),
Consolidated PUD Review, three (3) steps are required for the review and approval of an
application for development within a Planned Unit Development (PUD). There are four steps
required for the review of a PUD development plan. Consolidated and Minor PUD reviews
require only steps three and fourone and two. If the proposal increases the Height or Floor
Area/FAR dimensions or changes the land uses established between the Conceptual PUD
approval and the Final Review application, then a fourth step shall be required. The steps are as
follows:
1. Step One — Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets standards for Conceptual PUD
Development Plan.
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2. Process: The Community Development Director shall provide P&Z with a
recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. The Planning and
Zoning Commission shall forward a recommendation of approval, approval with
conditions or disapproval of a Conceptual PUD Development Plan to City
Council after considering the recommendation of the Community Development
Director, and comments and testimony from the public at a duly noticed public
hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
5. Notice requirements: Publication, mailing and posting (See Section
26.304.060.E.3.a, b and c)
2. Step Two — Public Hearing before City Council.
1. Purpose: To review recommendations of the Planning and Zoning Commission
and to determine if the application meets the standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. City Council shall
approve, approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: City Council action shall be by ordinance approving,
approving with conditions or denying Conceptual PUD Development Plan, or
Conceptual and Final PUD Development Plan if the application is consolidated.
5. Notice requirements: Requisite notice requirements for adoption of an ordinance
by City Council and publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c)
3. Step Three — Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan.
2. Process: The Community Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions,
or deny the Final PUD Development Plan, based on the standards of review. The
Planning and Zoning Commission shall approve, approve with conditions or
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disapprove a Final PUD Development Plan after considering the recommendation
of the Community Development Director, and comments and testimony from the
public at a duly noticed public hearing.
3. Standards of review: Section 26.445.050 for review of Final PUD Development
Plan.
4. Form of decision: The Planning and Zoning decision shall be by resolution.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
4. Step Four — Public Hearing before City Council, if applicable.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan when amendments to the Height or Floor Area/FAR
dimensions or land uses established in the Conceptual PUD are proposed.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Final PUD
Development Plan, based on the standards of review. City Council shall approve,
approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 to review changes to approved Height
or Floor Area/FAR dimensions or land uses; and Section 26.445.050 for review of
Final PUD Development Plan.
4. Form of decision: The City Council decision shall be by ordinance.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
Step One — Conceptual Review before Planning and Zoning Commission.
Purpose: To determine if application meets standards for conceptual PUD.
Notice
requirements:
Publication, mailing and posting (See Section 26.304.060.E.3.a)—c.)
Standards of
review:
Section 26.445.050.
P&Z action: Resolution recommending City Council approve, approve with
conditions or disapprove a conceptual development plan.
Step Two — Conceptual review before City Council — Public hearing.
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Purpose: To review recommendations of the Community Development Director
and Planning and Zoning Commission and to determine if the
application meets the standards for conceptual review of a PUD.
Notice
requirements:
Requisite notice requirements for adoption of a resolution by City
Council and publication, posting and mailing. (See 26.304.060.E.3.a—
c.)
Standards of review: Section 26.445.050.
City Council action: Resolution approving, approving with conditions or disapproving
conceptual plan for PUD.
Step Three — Final review before the Planning and Zoning Commission — Public hearing.
Purpose: To review application for final development plan to determine if it meets
the standards for a final PUD.
Notice
requirements:
Publication, posting and mailing. (See 26.304.060.E.3.a—c.)
Standards of review: Section 26.445.050.
P&Z action: Resolution recommending City Council approve, approve with
conditions or disapprove a final development plan. The Commission
may, by Resolution, approve, approve with conditions or disapprove an
amendment to a final development plan, pursuant to 26.445.100.
Step Four — Final review before the City Council — Public hearing.
Purpose: To review recommendations by the Community Development Director
and the Planning and Zoning Commission and to determine if application
for final development plan meets the standards for a PUD.
Notice
requirements:
Requisite notice requirements for adoption of an ordinance by City
Council and publication, posting and mailing.
(See 26.304.060.E.3.a—c.)
Standards of
review:
Section 26.445.050
City Council
action:
Ordinance approving, approving with conditions or disapproving the final
PUD development plan.
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Exhibit B - Page 9 of 38
DD. Limitations. Approval of a conceptual development plan shall not constitute final
approval for a PUD or permission to proceed with any aspect of the development. Approval of a
conceptual development plan shall only authorize an applicant to submit an application for a
final PUD development plan in accordance with the City Council Resolution granting conceptual
PUD approval.
Unless otherwise specified in the Resolution Ordinance granting conceptual approval, a
development application for a Ffinal PUD Ddevelopment Pplan shall be submitted within one (1)
year of the date of approval of a Cconceptual Ddevelopment Pplan. Failure to file such an
application within this time period shall render null and void the approval of a conceptual
development plan. The Community Development Director may grant an extension of this
limitation if the delay has been caused by the application requiring additional reviews or similar
delays that could not have been reasonably predicted by the applicant. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided a
written request for extension is received no less than thirty (30) days prior to the expiration date.
Development on any land within a Planned Unit Development may occur only after all land use
approvals are received, all requisite documents, agreements and plats have been filed and the
applicant has received all necessary permits as required by the Municipal Code and any other
county, state or federal authority with jurisdiction over the land.
E. Appeals. An applicant aggrieved by a Planning and Zoning Commission Final PUD
Development review, may appeal the decision to the City Council. In such circumstances, the
Planning and Zoning Commission’s decision shall be considered a recommendation to City
Council, and City Council shall review the project for compliance with Section 26.445.050,
Final PUD Review Standards, during a duly noticed public hearing. The Council decision shall
be by Ordinance.
F. Single-Family and Duplex Development. In the absence of a final development plan, a
single detached, two (2) detached, or a duplex residential dwelling, if listed as a permitted use in
the underlying zoning, may be developed in conformance with the provisions of the underlying
Zone District. This shall not exempt a development from complying with any other applicable
Land Use Code reviews.
(Ord. No. 27-2002 § 16, 2002)
Sec. 26.445.040. General provisions.
The following provisions shall apply to all property designated with a PUD Overlay on the
Official Zone District Map unless otherwise provided pursuant to an adopted final PUD
development plan for the property.
A. Uses: The land uses permitted in a PUD shall be limited to those allowed in the underlying
zone district in which the property is located. Detached residential units may be authorized to be
clustered in a zero lot line or row house configuration, but multi-family dwelling units shall only
be allowed when permitted by the underlying zone district.
B. Density: Unless otherwise established pursuant to a final PUD Development Plan, the
maximum aggregate density shall be no greater than that permitted in the underlying zone
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district, considering the inclusions and exclusions of Lot Area, as defined and the mandatory
density reduction for steep slopes as described below.
Mandatory reduction in density for steep slopes: In order to reduce wildfire, mudslide and
avalanche hazards; enhance soil stability; and guarantee adequate fire protection access, the
density of a PUD shall be reduced in areas with slopes in excess of twenty percent (20%)
according to the following schedule:
Slope classification.
(Slope percentage)
Maximum density allowed. (Percentage of
that allowed in the underlying zone
district)
0 — 20 % 100%
21 — 30 % 50%
31 — 40 % 25%
slope > 40 % 0%
Notes:
a) There shall be no density credit allowed for lands in excess of forty percent
(40%) slope.
b) Maximum density for the entire parcel on which the development is proposed
shall be determined by calculating the net lot area, after the reductions for each slope
classification have been subtracted, divided by the square footage per dwelling unit necessary in
the underlying zone district regulations.
c) For parcels resting in more than one (1) underlying zone district, the slope
reduction and maximum density calculation shall be performed separately on the lands within
each zone district.
C. Dimensional requirements. The following dimensional requirements shall
be established with the adoption of a final PUD development plan. The underlying zone district
shall be used as a guide in determining the appropriate dimension for each provision. The final
development plan shall clearly define all dimensional requirements for each lot within the PUD.
In the absence of a final development plan, a single detached or duplex residential dwelling, if
listed as a permitted use in the underlying zoning, may be developed in conformance with the
provisions of the underlying Zone District.
1. Minimum lot size.
2. Minimum lot area per dwelling unit.
3. Maximum allowable density.
4. Minimum lot width.
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5. Minimum front yard.
6. Minimum side yard.
7. Minimum rear yard.
8. Maximum site coverage.
9. Maximum height (including view planes).
10. Maximum Minimum distance between buildings on the lot.
11. Minimum percent open space required for the building site.
12. Trash access area.
13. Allowable floor area.
14. Minimum off-street parking spaces.
15. Other dimensions determined necessary to establish through the PUD
process.
(Ord. No. 25-2001, § 8)
26.445.0450. Conceptual PUD Review Sstandards: conceptual, final, consolidated and
minor PUD.
The review of the Conceptual PUD Development Plan shall focus on the general concept for the
development, but shall outline any dimensional or use requirements that vary from those allowed
in the underlying zone district. A development application for conceptual, final, consolidated,
conceptual and final or minor PUD shall comply with the following standards and requirements.
Due to the limited issues associated with conceptual reviews and properties eligible for minor
PUD review, certain standards shall not be applied as noted. The burden shall rest upon an
applicant to show the reasonableness of the development application and its conformity to the
standards and procedures of this Chapter and this Title. The underlying zone district designation
shall be used as a guide, but not an absolute limitation, to the uses and dimensions which may be
considered during the development review process. Any dimensional or use variations allowed
shall be specified in the Ordinance granting Conceptual PUD approval. In the review of a
development application for a Conceptual PUD Development Plan, the Planning and Zoning
Commission and City Council shall consider the following:
A. General Requirements.
1. The proposed development complies with applicable adopted regulatory plans.
2. The proposed development is compatible with the mix of development in the immediate
vicinity of the parcel in terms of land uses, density, height, mass, and open space
B. Development Suitability. The parcel(s) proposed for development is generally suitable for
development, considering the slope, ground instability and the possibility of mudflow, rock
falls, avalanche dangers and flood hazards. The proposed development preserves important
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Exhibit B - Page 12 of 38
geologic features, mature vegetation, and structures or features of the site that have historic
or cultural relevance and is sited to avoid any natural hazards.
C. Land Uses. A development application may request variations in the allowed uses permitted
in the underlying zone district. Any proposed uses deviating from those allowed in the
underlying zone district shall be compatible with the character of existing land uses in the
surrounding area. In meeting this standard, consideration shall be given to the existence of
similar uses in the immediate vicinity, as well as how the proposed uses will enhance the
project or immediate vicinity.
D. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
1. The site plan preserves any significant natural or man-made features which are unique,
provide visual interest or a specific reference to the past, or contribute to the identity of
the town.
2. Structures are oriented to public streets and are sited to reflect the neighborhood context.
3. If the development includes common park, open space, or recreation areas, the proposed
amount, location and design of the common park, open space or recreation area enhances
the character of the proposed development, considering existing and proposed structures
and natural landscape features of the property.
E. Dimensions. All dimensions shall be established through the Conceptual Review. A
development application may request variations to any dimensional requirement. Any
proposed dimensions deviating from those allowed in the underlying zone district shall be
compatible with the site’s natural characteristics, such as steep slopes, vegetation, waterways,
etc., and any natural or man-made hazards. In meeting this standard, consideration shall be
given to the dimensions in the immediate vicinity, topography of the site and surrounding
parcels, and the extent to which the development enhances the cohesiveness or distinctive
identity of the neighborhood, and:
1. Density, Mass & Height. The maximum allowable density, massing (floor area) and
height may be increased if there exists a significant community goal to be achieved
through such increase and the development pattern is compatible with the surrounding
development patterns and with the site's physical constraints. In meeting this standard,
consideration shall be given to:
a. The proposed dimensions represent a character suitable for and indicative of the
primary uses of the project and integrate into the neighborhood.
b. The proposed development respects the scale and massing of any nearby historical
and cultural resources.
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Exhibit B - Page 13 of 38
c. The proposed development responds to the site’s topography and other natural
features and either blends in with said features or enhances them.
2. Parking. The number of off-street parking spaces shall be established based on the
probable number of cars to be operated by those using the proposed development and the
nature of the proposed uses. The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development, and the potential for
joint use of common parking may be considered when establishing a parking requirement.
F. Design Standards. The design of the proposed development is compatible with the context
and visual character of the area. In meeting this standard, the following criteria shall be used:
1. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design
Standards, and Chapter 26.415, Historic Preservation.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Materials are
finalized as part of the Final PUD review, but review boards may include conditions
related to architectural character and materials as part of the Conceptual PUD Review.
G. Pedestrian, bicycle & transit facilities, access and circulation. The development provides
adequate pedestrian, bicycle, and transit facilities. These facilities and improvements shall
be prioritized over vehicular facilities and improvements. Any new vehicular access points
minimize impacts on pedestrian, bicycle and transit facilities. Access and circulation
accommodate emergency vehicles and meet all applicable road engineering standards.
Security/privacy gates across access points and driveways are prohibited. Adequate
pedestrian and handicapped access is provided to the site and to individual buildings.
H. Public Infrastructure and Facilities. At the sole costs of the developer, the proposed PUD
shall upgrade public infrastructure and facilities necessary to serve the PUD. The City may
require certain public infrastructure or facilities to be oversized in anticipation of future
needs or the development of adjacent parcels and shall reimburse the developer
proportionately for the additional improvement. Any adverse impacts on public
infrastructure by the development shall be mitigated by the necessary improvements at the
sole cost of the developer.
I. Access and circulation. The proposed development shall have perpetual unobstructed legal
and physical vehicular access to a public way. A proposed PUD shall not eliminate physical
or legal access from a public way to an adjacent property and shall not restrict the ability for
an adjacent property to develop. Any streets in the PUD which are proposed or recommended
to be retained under private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access. Buildings and access ways are arranged to allow
emergency and service vehicle access.
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A. General requirements.
1. The proposed development shall be compatible with the mix of development in the
immediate vicinity of the parcel in terms of density, height, bulk, and architecture, as well
as with any applicable adopted regulatory master plan.
2. The proposed development shall be consistent with the character of existing land uses in
the surrounding area.
3. The proposed development shall not adversely affect the future development of the
surrounding area.
4. The proposed development has either been granted GMQS allotments, is exempt from
GMQS or GMQS allotments are available to accommodate the proposed development and will
be considered prior to or in combination with, final PUD development plan review.
B. Establishment of dimensional requirements: The final PUD development plans shall
establish the dimensional requirements for all properties within the PUD as described in General
Provisions, Section 26.445.040, above. The dimensional requirements of the underlying Zone
District shall be used as a guide in determining the appropriate dimensions for the PUD. During
review of the proposed dimensional requirements, compatibility with surrounding land uses and
existing development patterns shall be emphasized. The proposed dimensional requirements
shall comply with the following:
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a) The character of and compatibility with, existing and expected future land uses in the
surrounding area.
b) Natural or man-made hazards.
c) Existing natural characteristics of the property and surrounding area such as steep slopes,
waterways, shade and significant vegetation and landforms.
In order to reduce wildfire, mudslide and avalanche hazards; enhance soil stability; and
guarantee adequate fire protection access, the density of a PUD shall be reduced in areas with
slopes in excess of twenty percent (20%) according to the following schedule:
Slope classification.
(Slope percentage)
Maximum density allowed. (Percentage of
that allowed in the underlying zone
district)
0 — 20 % 100%
21 — 30 % 50%
31 — 40 % 25%
slope > 40 % 0%
Notes:
a) There shall be no density credit allowed for lands in excess of forty percent (40%)
slope.
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Exhibit B - Page 15 of 38
b) Maximum density for the entire parcel on which the development is proposed
shall be determined by calculating the net lot area, after the reductions for each
slope classification have been subtracted, divided by the square footage per
dwelling unit necessary in the underlying zone district regulations.
c) For parcels resting in more than one (1) underlying zone district, the slope
reduction and maximum density calculation shall be performed separately on the
lands within each zone district.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation, parking
and historical resources.
2. The proposed dimensional requirements permit a scale, massing and quantity of
open space and site coverage appropriate and favorable to the character of the
proposed PUD and of the surrounding area.
3. The appropriate number of off-street parking spaces shall be established based on the
following considerations:
a) The probable number of cars used by those using the proposed development including
any nonresidential land uses.
b) The varying time periods of use, whenever joint use of common parking is proposed.
c) The availability of public transit and other transportation facilities, including those for pedestrian
access and/or the commitment to utilize automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and general
activity centers in the City.
4. The maximum allowable density within a PUD may be reduced if there exists insufficient
infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities or other utilities to service
the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal and road
maintenance to the proposed development.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum density of a PUD
may be reduced if:
a) The land is not suitable for the proposed development because of ground instability or
the possibility of mudflow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural watershed, due
to runoff, drainage, soil erosion and consequent water pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
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Exhibit B - Page 16 of 38
d) The design and location of any proposed structure, road, driveway or trail in the
proposed development is not compatible with the terrain or causes harmful disturbance to critical
natural features of the site.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the development pattern is
compatible with its surrounding development patterns and with the site's physical constraints.
Specifically, the maximum density of a PUD may be increased if:
a) The increase in density serves one or more adopted goals of the community as expressed
in an applicable adopted regulatory master plan.
b) The site's physical capabilities can accommodate additional density and there exists no
negative physical characteristics of the site, as identified in Subparagraphs 4 and 5, above, those
areas can be avoided or those characteristics mitigated.
c) The increase in maximum density results in a development pattern compatible with and
complimentary to, the surrounding existing and expected development pattern, land uses and
characteristics.
Notes:
a) Lot sizes for individual lots within a PUD may be established at a higher or lower rate
than specified in the underlying Zone District as long as, on average, the entire PUD conforms to
the maximum density provisions of the respective Zone District or as otherwise established as
the maximum allowable density pursuant to a final PUD Development Plan.
b) The approved dimensional requirements for all lots within the PUD are required
to be reflected in the final PUD development plans.
C. Site design. The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent public spaces and
ensures the public's health and safety. The proposed development shall comply with the
following:
1. Existing natural or man-made features of the site which are unique, provide visual
interest or a specific reference to the past or contribute to the identity of the town are
preserved or enhanced in an appropriate manner.
2. Structures have been clustered to appropriately preserve significant open spaces and
vistas.
3. Structures are appropriately oriented to public streets, contribute to the urban or rural
context where appropriate and provide visual interest and engagement of vehicular and
pedestrian movement.
4. Buildings and access ways are appropriately arranged to allow emergency and service
vehicle access.
5. Adequate pedestrian and handicapped access is provided.
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6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
7. For nonresidential land uses, spaces between buildings are appropriately designed to
accommodate any programmatic functions associated with the use.
D. Landscape plan. The purpose of this standard is to ensure compatibility of the proposed
landscape with the visual character of the City, with surrounding parcels and with existing and
proposed features of the subject property. The proposed development shall comply with the
following:
1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves
existing significant vegetation and provides an ample quantity and variety of ornamental
plant species suitable for the Aspen area climate.
2. Significant existing natural and man-made site features, which provide uniqueness and
interest in the landscape, are preserved or enhanced in an appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape features is
appropriate.
E. Architectural character.
1. Be compatible with or enhance the visual character of the City, appropriately relate to
existing and proposed architecture of the property, represent a character suitable for and
indicative of the intended use and respect the scale and massing of nearby historical and
cultural resources.
2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of
the property's solar access, shade and vegetation and by use of non- or less-intensive
mechanical systems.
3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate
manner that does not require significant maintenance.
4. Emphasize quality construction and design characteristics, such as exterior materials,
weathering, snow shedding and storage, and energy efficiency.
F. Lighting. The purpose of this standard to ensure the exterior of the development will be
lighted in an appropriate manner considering both Public Safety and general aesthetic concerns.
The following standards shall be accomplished:
1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to
adjoining streets or lands. Lighting of site features, structures and access ways is proposed in an
appropriate manner.
2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise
approved and noted in the final PUD documents. Lighting of site features, structures and access
ways is proposed in an appropriate manner. Up-lighting of site features, buildings, landscape
elements and lighting to call inordinate attention to the property is prohibited for residential
development.
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G. Common park, open space or recreation area. If the proposed development includes a
common park, open space or recreation area for the mutual benefit of all development in the
proposed PUD, the following criteria shall be met:
1. The proposed amount, location and design of the common park, open space or recreation
area enhances the character of the proposed development, considering existing and
proposed structures and natural landscape features of the property, provides visual relief
to the property's built form and is available to the mutual benefit of the various land uses
and property users of the PUD.
2. A proportionate, undivided interest in all common park and recreation areas is deeded in
perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD
or ownership is proposed in a similar manner.
3. There is proposed an adequate assurance through a legal instrument for the permanent
care and maintenance of open spaces, recreation areas and shared facilities together with
a deed restriction against future residential, commercial or industrial development.
H. Utilities and public facilities. The purpose of this standard is to ensure the development
does not impose an undue burden on the City's infrastructure capabilities and that the public does
not incur an unjustified financial burden. The proposed utilities and public facilities associated
with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
2. Adverse impacts on public infrastructure by the development will be mitigated by the
necessary improvements at the sole cost of the developer.
3. Oversized utilities, public facilities or site improvements are provided appropriately and where
the developer is reimbursed proportionately for the additional improvement.
I. Access and circulation. (Only standards 1 & 2 apply to minor PUD applications) The
purpose of this standard is to ensure the development is easily accessible, does not unduly burden
the surrounding road network, provides adequate pedestrian and recreational trail facilities and
minimizes the use of security gates. The proposed access and circulation of the development
shall meet the following criteria:
1. Each lot, structure or other land use within the PUD has adequate access to a public street
either directly or through an approved private road, a pedestrian way or other area dedicated to
public or private use.
2. The proposed development, vehicular access points and parking arrangement do not
create traffic congestion on the roads surrounding the proposed development or such surrounding
roads are proposed to be improved to accommodate the development.
3. Areas of historic pedestrian or recreational trail use, improvements of or connections to,
the bicycle and pedestrian trail system and adequate access to significant public lands and the
rivers are provided through dedicated public trail easements and are proposed for appropriate
improvements and maintenance.
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4. The recommendations of adopted specific regulatory master plans, as applicable,
regarding recreational trails, pedestrian and bicycle paths and transportation are proposed to be
implemented in an appropriate manner.
5. Streets in the PUD which are proposed or recommended to be retained under private
ownership provide appropriate dedication to public use to ensure appropriate public and
emergency access.
6. Security gates, guard posts or other entryway expressions for the PUD or for
lots within the PUD, are minimized to the extent practical.
J. Phasing of development plan. (does not apply to conceptual PUD applications) The
purpose of this criteria is to ensure partially completed projects do not create an unnecessary
burden on the public or surrounding property owners and impacts of an individual phase are
mitigated adequately. If phasing of the development plan is proposed, each phase shall be
defined in the adopted final PUD development plan. The phasing plan shall comply with the
following:
1. All phases, including the initial phase, shall be designed to function as a complete
development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical, occupants of
initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate improvements to
public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used
jointly by residents of the PUD, construction of any required affordable housing and any
mitigation measures are realized concurrent or prior to the respective impacts associated with the
phase.
(Ord. No. 12, 2007, §24; Ord. No. 3-2012, §12, 13, 14 & 15))
26.445.050. Final PUD Review Standards.
The review of the Final PUD Development Plan shall be focused on the detailed evaluation of
the specific aspects of the development, including utility placement, and architectural materials.
In the review of a development application for a Final PUD Development Plan, the Planning and
Zoning Commission shall consider the following:
A. Conceptual Approval. The proposed development is consistent with the Conceptual PUD
Development Plan. Any conditions of Conceptual approval are adequately addressed.
B. Minor Dimensional Changes. Minor deviations to dimensions (other than height and Floor
Area/FAR) approved during Conceptual Review are permitted if they are due to technical or
design considerations that could not have been foreseen during the Conceptual PUD Review,
or address direction received during Conceptual Review. In meeting this standard, the
following shall be considered:
1. The change is a result of survey errors.
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2. City referral departments or other utilities have requested infrastructure related changes
that impact site planning or other aspects of the development.
3. The change is based on responses to conditions or direction received during Conceptual
PUD review.
4. The change is a result of other design considerations that could not have been foreseen
during the Conceptual Review.
C. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
D. Architecture. The proposed development emphasizes quality construction and design
characteristics, such as exterior materials, weathering, snow shedding and snow storage,
energy efficiency and the like. Materials are of high quality and shall comply with applicable
design standards. The design complies with applicable design standards, including those
outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial
Design Standards, and Chapter 26.415, Historic Preservation.
E. Lighting. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting complies with the City’s outdoor
lighting standards unless otherwise approved and noted in the final PUD documents.
F. Common Park, Open Space, or Recreation Areas. If the proposed development includes a
common park, open space or recreation area, a proportionate, undivided interest in all
common park and recreation areas is deeded in perpetuity (not for a number of years) to each
lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. An
adequate assurance through a legal instrument for the permanent care and maintenance of
open spaces, recreation areas and shared facilities together with a deed restriction against
future residential, commercial or industrial development is required.
G. Landscaping. The landscape plan exhibits a well-designed treatment of exterior spaces,
preserves existing significant vegetation as determined by the Parks Department and provides
an ample quantity and variety of ornamental plant species suitable for the Aspen area
climate. Existing vegetation or other landscape features proposed to remain in the
development are adequately protected. Site drainage is accommodated for the proposed
development in a practical and reasonable manner and shall not negatively impact
surrounding properties. Adequate snow storage is accommodated.
H. Improvements. The improvements set forth at Title ***, Engineering Design Standards,
shall be provided for the proposed PUD.
I. Public Infrastructure and Facilities. The location of all public facilities, including roads,
water service, sewer service, and the like needed to service the development has been
addressed.
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J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be defined in the adopted final PUD development plan. The phasing plan shall be
designed to function as a complete development and shall not be reliant on subsequent
phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the
construction of later phases. All necessary or proportionate improvements to public
facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used
jointly by residents of the PUD, construction of any required affordable housing and any
mitigation measures shall be completed concurrent or prior to the respective impacts
associated with the phase.
26.445.060. Application materials.
A. Conceptual development planPUD. The contents of a development application for a
conceptual development plan shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes falling within the thresholds
described in General Provisions, Section 26.445.040.
c) All legal easements and restrictions.
3. A conceptual description and site plan of the proposed development including a statement
of the objectives to be achieved by the PUD and a description of the proposed land uses,
densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, landscaping, and infrastructure improvements and site drainage.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A statement outlining in conceptual terms how the proposed development will be served
with the appropriate public facilities and how assurances will be made so those public
facilities are available to serve the proposed development.
64. An conceptual architectural character plan showing generally indicating the use, massing,
scale and orientation of the proposed buildings., and outlining the suitability of a building
for its purposes, legibility of the building's use, the building's proposed massing,
proportion, scale, orientation to public spaces and other buildings, use of materials and
other attributes which may significantly represent the proposed development.
5. A conceptual landscape plan generally describing the type, location and size of existing
and proposed landscape features.
76. A general description of tA description of the dimensional requirements and land uses
being consideredestablished for the proposed development. All dimensional
requirements shall be established in the PUD.
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87. A written response to each of the PUD review criteria contained in Section 25.445.0450.
B. Final and , consolidated and minor development planPUD. The contents of the
development application for a final, and consolidated conceptual and final and minor
development planPUD shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes falling within the thresholds
described in General Provisions, Section 26.445.040.
c) All legal easements and restrictions.
3. A detailed description and site plan of the proposed development including a statement of
the objectives to be achieved by the PUD and a description of the proposed land uses,
densities, natural features, traffic and pedestrian circulation, off-street parking, open
space areas, infrastructure improvements and site drainage.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
4. An architectural character plan indicating the suitability of a building for its purposes,
legibility of the building's use, the building's proposed massing, proportion, scale
orientation to public spaces and other buildings, use of materials and other attributes
which may significantly represent the proposed development.
5. A landscape plan depicting:
a) The type, location and size of all existing plant materials and other landscape
features.
b) The proposed method of protecting vegetation through construction.
c) The type and location of all proposed plant materials, other landscape features,
proposed treatment of ground surfaces and erosion control and a plant material
schedule with common and botanical names, sizes and quantities.
6. A grading and drainage plan showing all grading and how drainage and stormwater is
accommodated.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development and what specific assurances will be made to ensure the public
facilities will be available to accommodate the proposed development.
78. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
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recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
98. A description of how the proposed dimensional requirements and land uses requested to
be established through the comply with the Conceptual rReview approval.
109. A description of any proposed project phasing detailing the specific improvements
proposed for each phase.
110. A written response to each of the PUD review criteria contained in Section
26.445.050.
121. A proposed plat which depicts the applicable information required by Subsection
26.480.060.A.3 and .B490, Development Documents.
132. Proposed PUD plans and a proposed PUD agreement.
26.445.070. Recording a final PUD development plan.
A. General.
Unless otherwise specified in the City Council ordinance granting final approval of a PUD
development plan, all necessary documents, as applicable, shall be recorded within one hundred
and eighty (180) days of the adoption date of the final ordinancePUD. Failure to file these
documents within this time period shall render null and void the approval of a final development
plan. The Community Development Director may extend the recordation deadline if the request
is within the vesting timeline and if there is a community interest for providing such an
extension. The Community Development Director may forward the extension request to the
Planning and Zoning CommissionCity Council.
All documents shall meet the requirements outlined in Chapter 26.490, Development
Documents.Reconsideration of the final development plan and PUD agreement by the Planning
and Zoning Commission and City Council may be required before its acceptance and recording.
The final development plan, which shall consist, as applicable, of final plats, drawings and
agreements as described below shall be recorded in the office of the County Clerk and Recorder
and shall be binding upon the property owners subject to the development order, their successors
and assigns and shall constitute the development regulations for the property. Development of
the property shall be limited to the uses, density, configuration and all other elements and
conditions set forth on the final development plan and PUD agreement.
B. PUD development plans. Unless otherwise specified in the final ordinance, the final PUD
development plans for recording shall include the following:
1. Final plat.
2. Illustrative site plan.
3. Architectural character plan.
4. Landscape plan.
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5. Grading and drainage plan.
6. Utility and public facilities plan.
C. PUD agreement.
1. General. Unless otherwise specified in the final ordinance, upon approval of a final PUD
development plan the applicant and City Council shall enter into an agreement binding
the PUD to any conditions placed on the development order.
2. Common park and recreation areas. The PUD agreement shall outline any agreement on
the part of the applicant, to deed to each lot or dwelling unit owner within the PUD, an
undivided interest in all common park and recreations areas, together with a deed
restriction against future residential, commercial or industrial development.
3. Landscape guarantee. In order to ensure implementation and maintenance of the
landscape plan, the City Council may require the applicant to provide a guarantee for no
less than one hundred twenty-five (125) percent of the current estimated cost of the
landscaping improvements in the approved landscape plan, as estimated by the City
Engineer, to ensure the installation of all landscaping shown and the continued
maintenance and replacement of the landscaping for a period of two (2) years after
installation. The guarantee shall be in the form of a cash escrow with the City or a bank
or savings and loan association or an irrevocable sight draft or letter of commitment from
a financially responsible lender and shall give the City the unconditional right upon
demand to partially or fully complete or pay for any improvements or pay any
outstanding bills or to withdraw funds upon demand to partially or fully complete or pay
for any improvements or pay any outstanding bills for work done thereon by any party.
As portions of the landscaping improvements are completed, the City Engineer shall
inspect them and upon approval and acceptance, shall authorize the release of the agreed
estimated cost for that portion of the improvements, except that ten percent (10%) which
shall be withheld until all proposed improvements are completed and approved and an
additional twenty-five percent (25%) shall be retained until the improvements have been
maintained in a satisfactory condition for two (2) years.
4. Public facilities guarantee. In order to ensure installation of necessary public facilities
planned to accommodate the development, the City Council shall require the applicant to
provide a guarantee for no less than one hundred percent (100%) of the current estimated
cost of such public improvements, as estimated by the City Engineer. The guarantee
shall be in the form specified in Subsection 26.445.070.C.3 above and may be drawn
upon by the City as therein specified. As portions of the public facilities improvements
are completed, the City Engineer shall inspect them and upon approval and acceptance,
shall authorize the release of the agreed estimated cost for that portion of the
improvements, except that ten percent (10%) which shall be withheld until all proposed
improvements are completed and approved.
(Ord. No. 9-2002, § 8, 2002)
26.445.080. Notice of PUD designation.
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Subsequent to receipt of a development order for a Planned Unit Development (PUD), the
applicant shall file in the Clerk and Recorder's office, the following notice:
Notice of PUD Designation
PLEASE TAKE NOTE that on the ________ day of ________, ________, the City Council of
Aspen, Colorado, approved development on the following described tract as a Planned Unit
Development pursuant to the provisions of Chapter 26.445 of the Aspen Municipal Code. No
development shall occur on the tract except in accordance with such development order and
under the conditions that may be imposed thereby. The above referred to land is located within
the City of Aspen, Pitkin County, Colorado, and is more fully described as follows:
(Insert legal description)
A copy of the Planned Unit Development final development plan is of record in the office of the
County Clerk and Recorder.
_________________________________________
City Clerk
STATE OF COLORADO )
)SS:
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this _________ day of ___________,
____, by _____________________________________________, City Clerk.
Witness my hand and official seal.
My Commission expires: _____________________________________.
_____________________________________________
Notary Public
26.445.0890. Placement of PUD designation on Official Zone District Map.
After approval of a final PUD development plan, the Community Development Director shall
amend the City's Official Zone District Map to show a Planned Unit Development (PUD)
designation. The process of establishing a new PUD shall not require a Rezoning Review under
Chapter, 26.310, Amendments to the Land Use Code and Official Zone District Map, as the act of
approving a Final PUD and issuance of a Development Order authorizes the designation on the
City’s Official Zone District Map.
26.445.100090. Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final PUD development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial amendment: An
insubstantial amendment shall meet the following criteria:
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1. The proposal does not A change in the use or character of the development.
2. An increase by greater than three percent (3%) in the overall coverage of structures on
the land.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
4. A reduction by greater than three percent (3%) of the approved open space.
5. A reduction by greater than one percent (1%) of the off-street parking and loading space.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
7. An increase of greater than two percent (2%) in the approved gross leasable floor area of
commercial buildings.
8. An increase by greater than one percent (1%) in the approved residential density of the
development.
92. Any change which is inconsistent with a The proposal is consistent with all conditions or
representations of in the project's original approval.
3. The proposal or which will not requires granting a variation from the project's approved
use(s).
4. Any proposed changes to the approved or dimensional requirements are limited to a
technical nature, or respond to a design parameter that could not have been foreseen in
during the original approval.
The action by the Community Development Director shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Community Development Director, pursuant to Chapter 26.316, Appeals.
B. Other Minor Aamendment. An amendment found to be consistent with or an enhancement
of the approved final development plan by the Community Development Director, but which
does not meet the established thresholds for an insubstantial amendment, may be approved,
approved with conditions or denied by the Planning and Zoning Commission, at a public hearing
pursuant to Subsection 26.445.030.C, Step 3. The Planning and Zoning Commission may
consider any applicable review criteria outlined in sections 26.445.040 and 26.445.050 to
determine if the amendment should be approved.
The action by the Planning and Zoning Commission shall be considered the final action, unless
the decision is appealed.
An applicant may appeal an amendment determination made by the Planning and Zoning
Commission to the City Council. In this case, the determination made by the Planning and
Zoning Commission shall be considered a recommendation and the amendment shall be subject
to final development plan review and approval by the City Council at a public hearing, pursuant
to Subsection 26.445.030.C, Step 4.
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C. Major Amendment. An amendment found to be inconsistent with the approved final
development plan by the Community Development Director shall be subject to final
development plan review and approval by the Planning and Zoning Commission and City
Council at a public hearing, pursuant to Subsection 26.445.030.C, Steps 3 and 4. The
amendment shall be reviewed against both Conceptual and Final PUD Review Criteria, sections
26.445.040 and 26.445.050.
D. Conditions. During the review of the a proposed amendment, the Planning and Zoning
Commission and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community circumstances. This shall
include, but not be limited to, portions of the development which have not obtained building
permits or are proposed to be amended, any new community policies or regulations which have
been implemented since the original approval or changed or changing community circumstances
as they affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review process.
EC. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated PUD on the Official Zone District Map, an accurate
improvements survey of existing conditions may be substituted to permit evaluation of whether
the proposal is an insubstantial or other amendment.
F. Boundary Amendment. The boundaries of a parcel previously designated Planned Unit
Development (PUD) may be amended through Steps One and Two, as outlined in Section
26.445.030(C), Steps required.
G. Rescinding a PUD. The removal of a Planned Unit Development (PUD) designation from a
parcel for cause may be approved by City Council at a duly noticed public hearing. When no
cause is shown, removal of a PUD designation shall follow Steps One and Two, as outlined in
Section 26.445.030(C), Steps required, but shall require demonstration of why the land no longer
meets the standards of review.
26.445.110. Enforcement of PUD development order.
A. City. The provisions of a development order approving a final development plan for a PUD
relating to the use of land and the location of common open space shall run in favor of the City
and shall be enforceable at law or in equity by the City, without limitation on any power or
regulation otherwise granted by law.
B. Residents. All provisions of the development order approving a final development plan for a
PUD shall also run in favor of the residents, occupants and owners of the PUD, but only to the
extent expressly provided in the development order and in accordance with the terms of the final
development plan. To that extent, said provisions, whether recorded by plat, covenant, easement
or otherwise, may be enforced at law or in equity by residents, occupants or owners acting
individually, jointly or through an organization designated in the development order to act on
their behalf. However, no provisions of the development order shall be implied to exist in favor
of residents, occupants and owners except those provisions of the development order which have
received approval.
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C. Release by City. All those provisions of the development order approving a final
development plan for a PUD authorized to be enforced by the City, may be modified, removed or
released by the City subject to the following:
No modification, removal or release of the provisions shall affect the rights of the residents,
occupants and owners of the PUD to maintain and enforce these provisions at law or equity as
provided in Subsection 26.445.110.B.
No modification, removal or release of the provisions of the development order by the City shall
be permitted except upon compliance with the requirements of Section 26.445.100.
D. Release by residents. Residents and owners of the PUD may, to the extent and in the
manner expressly authorized by the provisions of the development order, modify, remove or
release their rights to enforce the provisions of the development order, but no such action shall
affect the right of the City to enforce the development order.
E. Enforcement of open space and common area conditions. In the event the organization
established to own and maintain common open spaces, recreation areas, communally-owned
facilities and private streets or any successor organization shall at any time fail to maintain the
common facilities in reasonable order and condition in accordance with the approved open space
plan in the final development plan, the City Council may cause written notice to be served upon
such organization or upon the owners of property in the development setting forth the manner in
which the common facilities have failed to be maintained in reasonable condition, which notice
shall include the demand that the deficiencies noted be cured within thirty (30) days. If the
deficiencies noted are not cured within thirty (30) days, an additional notice shall be sent setting
forth a date and place of a hearing to be held within fourteen (14) days of notice.
At the time of hearing, the City Council may modify the terms of the original notice as to
deficiencies and may extend the time within which the same may be cured. If the deficiencies
set forth in the original notice or modifications are not cured within the time set, the City
Council, in order to preserve the taxable values of properties within the development and to
prevent the common facilities from becoming a public nuisance, may enter upon such common
facilities and maintain the same for a period of one year. Such entry and maintenance shall not
vest in the public any right to use the common facilities not dedicated to public use.
Before expiration of the one-year period, the City Council shall, upon its own initiative or upon
the written request of the organization responsible for maintenance, call a public hearing and
give notice of such hearing to the organization responsible for maintenance or the property
owners of the PUD. At such hearing, the organization responsible for maintenance and/or the
residents of the development may show cause why maintenance by the City of Aspen should not
be continued for the succeeding year. If the City Council determines that it is not necessary for
the City to continue such maintenance, the City shall cease such maintenance at the time
established by the City Council. Otherwise, the City shall continue maintenance for the next
succeeding year, subject to a similar hearing and determination at the end of each year thereafter.
The cost of maintenance by the City shall be a lien against the common facilities of the PUD and
the private properties within the development.
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The City Council shall have the right to make assessments against properties in the development
on the same basis that the organization responsible for maintenance of the facilities could make
such assessments. Any unpaid assessment shall be a lien against the property responsible for the
same, enforceable the same as a mortgage against such property. The City may further foreclose
its lien on the common facility by certifying the same to the county treasurer for collection as in
the case of collection of general property taxes.
(Ord No. 35-1999, §1)
Other Code Section Changes for PUD/SPA Code Amendment
26.104.100. Definitions.
Specially Planned Area (SPA). A zoning overlay classification or designation under which
certain zone district regulations may be varied to encourage design flexibility and mixed uses.
(See Chapter 26.440, Special Planned Area (SPA)).
Chapter 26.208 - CITY COUNCIL
26.208.010. Powers and duties.
In addition to any authority granted by state law or this Code, the City Council shall have the
following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review and adopt amendments to the text of this Title after recommendation by the
Commission, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To hear, review and adopt amendments to the Official Zone District Map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310;
E. To hear, review and adopt a conceptual development plan and a final development plan for
specially planned areas (SPA), after recommendations of the Planning and Zoning Commission,
pursuant to Chapter 26.440;
EF. To hear, review and adopt a conceptual development plan and a final development plan
for a planned unit development (PUD), pursuant to Chapter 26.445;
FG. To hear, review and designate H, Historic Overlay Districts and historic landmarks, after
recommendation from the Planning and Zoning Commission and the Historic Preservation
Commission, pursuant to Chapter 26.420;
GH. To review appeals from decisions of the Historic Preservation Commission approving,
conditionally approving or disapproving a development application for development or
demolition of an historic landmark or a development application for development or demolition
in an H, Historic Overlay District pursuant to Chapter 26.415;
HI. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory
capacity by the City;
IJ. To hear appeals from decisions of decision-making bodies as enabled in each Chapter of this
Title;
JK. To approve development applications and grant development allotments as
required by Chapter 26.470, Growth Management Quota System;
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KL. To hear appeals from interpretations made by the Planning Director regarding the
text of this Title and the boundaries of the Official Zone District Map, pursuant to Chapter
26.306;
LM. To hear, review and approve, approve with conditions or disapprove a plat for
subdivision, after recommendation from the Planning and Zoning Commission pursuant to
Chapter 26.480;
MN. To determine if a development proposal is reasonably necessary for the
convenience and welfare of the public, pursuant to Section 26.500.040, and thereafter review
such proposal in accordance with Subsection 26.500.050.B.
NO. To create a Transferable Development Right in accordance with Chapter 26.535.
OP. To take such other actions not delegated to the Planning and Zoning Commission,
the Historic Preservation Commission, the Board of Adjustment or the Director of the
Community Development Department, as the City Council may deem desirable and necessary to
implement the provisions of this Title.
Chapter 26.210 - COMMUNITY DEVELOPMENT DEPARTMENT
26.210.020. Director of Community Development Department.
B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of this Code, the Community Development Department Director shall have the
following jurisdiction, authority and duties:
1. To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body with
planning and technical assistance and to inform such body of all facts and information
available with respect to development applications or any other matters brought before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body with
planning and technical assistance, to inform such body of all facts and information
available with respect to development applications or any other matters brought before it
and to inform such body regarding historic preservation items being heard by other City
boards in advance of those hearings;
4. To serve as staff to the Board of Adjustment and other decision-making bodies
established by this Title and to inform such bodies of all facts and information available
with respect to development applications or any other matters brought before it;
5. To serve as staff to the Administrative Hearing Officer, to provide such officer with
planning and technical assistance and to inform such officer of all facts and information
available with respect to appeals of decisions made by an administrative official or any
other matters brought before it;
6. To render interpretations of this Title or the boundaries of the Official Zone District Map
pursuant to Chapter 26.306;
7. To enforce any provision of this Title or any other provision of this Code;
8. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
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9. To exempt development within an H, Historic Overlay District in accordance with
Chapter 26.415;
10. To approve minor modifications to a development order for development or demolition
within an H, Historic Overlay District in accordance with Chapter 26.415;
11. To exempt development in an environmentally sensitive area (ESA) in accordance with
Chapter 26.435;
12. To exempt development which is subject to special review in accordance with Chapter
26.430;
13. To approve, approve with conditions or deny development subject to GMQS
administrative approval in accordance with Chapter 26.470;
14. To score growth management applications in accordance with Chapter 26.470;
15. To approve development subject to subdivision administrative approval in accordance
with Chapter 26.480;
16. To approve development subject to specially planned area administrative approval in
accordance with Chapter 26.440;
167. To approve development subject to Planned Unit Development administrative
approval in accordance with Chapter 26.445;
178. To undertake all general comprehensive planning responsibilities;
189. To initiate amendments to the text of this Title or to the Official Zone District
Map, pursuant to Chapter 26.310;
1920. To administer the land use application fee policy, to bill applicants according to
said policy, to take such actions deemed necessary in withholding development orders or
issuing stop work orders upon nonpayment of review fees and to waive any fees or
portions thereof, upon request according to said policy;
201. To approve, approve with conditions or deny development subject to Chapter
26.520, Accessory Dwelling Units and Carriage Houses;
212. To extinguish a transferable development right in accordance with Chapter
26.535;
223. To issue and extinguish Affordable Housing Certificates in accordance with
Chapter 26.540; and
234. To assist and staff all aspects of the Master Planning process in accordance with
Chapter 26.311.
Chapter 26.212 - PLANNING AND ZONING COMMISSION
26.212.010. Powers and duties.
In addition to any authority granted the Planning and Zoning Commission (hereinafter
"Commission") by state law or the Municipal Code of the City of Aspen, Colorado, the
Commission shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to the text
of this Title, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council in regard to amendments of the Official Zone District Map, pursuant to
Chapter 26.310;
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E. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council on a conceptual development plan and final development plan for planned
unit development (PUD), pursuant to Chapter 26.445;
F. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council on adoption of a conceptual development plan and final development plan or
specially planned areas (SPA), pursuant to Chapter 26.440;
G.F. To review and grant allotments for residential, office, commercial and lodge pursuant to
growth management quota system (GMQS), pursuant to Chapter 26.470;
H.G. To make determinations of exemptions from the growth management quota system
(GMQS), pursuant to Chapter 26.470;
I.H. To hear, review and recommend approval, approval with conditions or disapproval of a
plat for subdivision, pursuant to Chapter 26.480;
J.I. To hear and approve, approve with conditions or disapprove conditional uses pursuant to
Chapter 26.425;
K.J. To hear and approve, approve with conditions or disapprove development subject to
special review, pursuant to Chapter 26.430;
L.K. To hear and approve, approve with conditions or disapprove development in
environmentally sensitive areas (ESA), pursuant to Chapter 26.435;
M.L. To make its special knowledge and expertise available upon reasonable written request
and authorization of the City Council to any official, department, board, commission or agency
of the City, County, State or the federal government;
N.M. To adopt such rules of procedure necessary for the administration of its responsibilities
not inconsistent with this Title;
O.N. To grant variances from the provisions of this Title when a consolidated application is
presented to the Commission for review and approval pursuant to Chapter 26.314;
P.O. To hear, review and approve variances to the residential design guidelines, pursuant to
Chapter 26.410;
Q.P. To hear and decide appeals from and review any order, requirement, decision or
determination made by any administrative official charged with the enforcement of Chapter
26.410, including appeals of interpretation of the text of the residential design standards. The
Commission may only grant relief from the residential design standards. A variance from the
residential design standards does not grant an approval to vary other standards of this Chapter
that may be provided by another decision-making administrative body; and
R.Q. To adopt by resolution any operational guidelines or documents that will be used guiding
capacity by the Commission. To recommend via resolution the adoption of design guidelines by
the City Council. To provide input on Master Plans, in accordance with Chapter 26.311.
26.304.060. Review of a development application by decision-making bodies.
A. Review procedures and standards. Specific development review procedures and standards
for different types of development applications are set forth in the relevant chapters of this Title.
They include the following:
Permitted Uses: Chapter 26.404
Variances: Chapter 26.314
Residential Design Standards: Chapter 26.410
Development involving the Aspen Inventory of
Historic Landmark Sites and Structures or in
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an H, Historic Overlay District: Chapter 26.415
Conditional Uses: Chapter 26.425
Special Review: Chapter 26.430
Development in Environmentally Sensitive Areas: Chapter 26.435
Specially Planned Areas (SPA): Chapter 26.440
Planned Unit Developments (PUD): Chapter 26.445
Temporary Uses: Chapter 26.450
Growth Management Quota System (GMQS): Chapter 26.470
Subdivision: Chapter 26.480
Amendments to Text and Zone District Map: Chapter 26.310
26.470.110. Growth management review procedures.
A. General.
1. Number of development applications. No more than one (1) application for growth
management allotments on any one (1) parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
2. Number of growth management allocations. No more than one (1) project shall be
entitled to growth management allotments on any one (1) parcel concurrently. In order to
entitle a different project on the same parcel, existing growth allotments must be vacated.
(Also see Section 26.470.140, Amendment of a growth management development order.)
3. No automatic "resubmission" of growth management applications. Applications shall
only be eligible for growth allotments within the growth management session in which
they are submitted and shall not automatically become eligible for allotments in future
sessions or future years. Applications must be resubmitted in order to be eligible for
allotments in the next session or next year, as applicable. Resubmission shall effect a
new submission date.
4. HPC conceptual approval required. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
conceptual approval must be secured prior to submitting an application for a growth
management allotment. Conceptual HPC applications may not be combined with growth
management review.
5. Conceptual PUD or SPA approval requiredreview. Projects requiring approval of a
Planned Unit Development Plan, pursuant to Chapter 26.445, or Specially Planned Area
approval, pursuant to Chapter 26.440, must first obtain may be reviewed concurrently
with review for growth management, pursuant to Paragraph 26.304.060.B.1. conceptual
PUD or SPA approval, as applicable, prior to submitting an application for a growth
management allotment. Combined conceptual/final PUD or SPA applications may not be
combined with growth management review.
6. Conceptual cCommercial Design rReview required. Commercial, lodging and mixed-use
projects shall obtain requiring conceptual commercial design review approval, pursuant
to Chapter 26.412, prior to submitting an application for growth management allotment
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.B.1. Conceptual commercial design review applications may not
be combined with growth management review.
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7. Subdivision and other required land use reviews. Subdivision approval and other land
use review approvals, as applicable, shall be required and may be reviewed concurrently
with review for growth management, pursuant to Paragraph 26.304.060.B.1.
8. No partial approvals. In order for a project to gain approval, sufficient allotments for
every element of the project must be obtained. In circumstances where a proposal
requires allotments be granted for various types of uses within the project, the reviewing
body shall not grant approval unless allotments for every type of use are available. For
example: If a proposal requires that allotments be granted for free-market residential
units, affordable housing units and commercial space, and there are no remaining
allotments for free-market residential for the year, the project shall be denied. No partial
approvals shall be granted. In the above example, the project shall be denied in total and
not granted allotments for the affordable housing units or the commercial space. Also see
multi-year allotments below.
9. Nonassignability of growth allotments. Development allotments obtained pursuant to
this Chapter shall not be assignable or transferable independent of the conveyance of the
real property on which the development allotment has been approved.
10. Multi-year growth allotments. Projects requiring development allotments in excess of the
annual allotment may be granted a multi-year allotment, pursuant to Subsection
26.470.090.1, or may gain allotments over a multi-year period, provided that the
allotment gained in any one (1) year shall not exceed the annual allotment.
For example, a project requesting fifty thousand (50,000) square feet of commercial
space may request either a one-time, multi-year allotment of fifty thousand (50,000)
square feet or may request approval in the first year for twenty-five thousand (25,000)
square feet and request approval for the remaining twenty-five thousand (25,000) square
feet in a subsequent year.
Gaining allotments in any year shall not guarantee that allotments will be granted in later
years for the same project. Projects requiring a multi-year allotment shall not be granted
a development order until all elements of the project have been granted allotments. If the
design of a project changes prior to receiving the full allotment needed for a development
order, the reviewing body shall determine if the changes are acceptable or if the change
invalidates the previously granted allotment and requires a resubmission for allotments.
Applications for each year's allotment need to be submitted, and there shall be no
preferential status given to a project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be
eligible to gain partial allotments. See No partial approvals above.
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District is to proceed according to a conceptual
development plan and final development plan approved pursuant to the provisions of Chapter
26.440, Specially Planned Areas445, Planned Unit Development.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a conceptual development plan and final development plan, pursuant to Chapter 26.440445,
Specially Planned AreaPlanned Unit Development.
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COMMERCIAL DESIGN REVIEW
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre-application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.B of this Title; however, an application for conceptual design
review shall not be consolidated with a growth management review.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.040.B, Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
[No changes to subsections 1 – 5]
COMMON DEVELOPMENT REVIEW PROCEDURES
26.304.040. Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or persons owning
more than fifty percent (50%) of the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the
purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310)
or to designate a Specially Planned Area (SPA) (Chapter 26.440) Planned Unit Development
(PUD) (Chapter 26.445) and (3) the City Council, Planning and Zoning Commission or Historic
Preservation Commission for the purpose of designating an H, Historic Overlay District or
designating a property on the Aspen Inventory of Historic Landmark Sites and Structures.
SIGNS:
26.510.020 Applicability and scope
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This Chapter shall apply to all signs of whatever nature and wherever located within the City
except for those signs permitted through a Planned Unit Development (PUD) or Specially
Planned Area (SPA).
Chapter 26.590
TIMESHARE DEVELOPMENT
26.590.030 Exempt timesharing
[No changes to sections A - B]
C. Review standards for exemption. An applicant for exempt timesharing shall demonstrate
compliance with each of the following standards. These standards are in addition to those
standards applicable to the review of the subdivision exemption.
1. The proposal shall not conflict with any applicable deed restrictions or private covenants
or with any provisions of the Colorado Statutes. If the proposal is for a condominium, it
shall comply with the applicable provisions of Subsection 26.590.070.I of this Code.
2. All units to be converted to timesharing shall comply with the City's adopted Fire, Health
and Building Codes. If any unit does not comply with said Codes, then no sale of an
interest in that unit shall be closed until a Certificate of Occupancy has been issued that
brings the unit into compliance.
3. All dwelling units to be converted to timesharing shall comply with the requirements of
the zone district in which they are located and all other applicable standards of this Code
or with the requirements of any PUD or other site specific development approval granted
to the property.
4. The conversion of any multi-family dwelling unit that meets the definition of residential
multi-family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi-family housingChapter 26.530,
Resident Multi-Family Replacement Program, even when there is no demolition of the
existing multi-family dwelling unit.
5. The marketing, sales, management and operation of the timeshare estates shall comply
with the provisions of Subsection 26.590.070.F and 26.590.070.J, of this Code.
6. A wall sign shall be mounted on each building stating that it has been approved by the
City for timesharing and providing the name and phone number of a management entity
or local contact person who can be called in the event of an emergency or to respond to
neighborhood concerns. The sign shall comply with the requirements of Subsection
26.510.030.B.22 of this Code.
7. Development shall be in compliance with the provisions of the Subdivision requirements
in Chapter 26.480 when new lots or units are created.
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
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[No changes to section A]
B. Consolidated PUD Review. The Community Development Director may determine that
because a timeshare lodge development is a conversion of an existing building or because of
the limited extent of the issues involved in the proposal, the four three step PUD review
process should be consolidated into a two-step review, pursuant to Subsection
26.445.030.B.2, Consolidated conceptual and final PUD rReview, development of a
timeshare lodge in the Lodge Preservation Overlay (LP) Zone District, shall be processed as
a two-step review, pursuant to Subsection 26.445.030.B.3. The Community Development
Director is also authorized to waive those PUD submission requirements from Section
26.445.060 and review standards from Sections 26.445.040 and 26.445.050 that the Director
finds are not applicable to a proposed timeshare development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with final PUD review, as authorized by
Subsection 26.304.060.B, Combined reviews, and by Subsection 26.445.030.B.54, Concurrent
associated reviews.
[No changes to sections D - E]
26.590.050. Contents of application
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for PUD and subdivision, the application for timeshare
lodge development shall include the following information. For projects that require both
conceptual and final PUD review it is expected that this information will be provided in a
preliminary manner at the conceptual stage and in a detailed manner at the final stage.
[No changes to sections A - H]
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the PUD and Subdivision applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the final conceptual PUD application. The fiscal impact study shall contain at
least the following comparisons between the existing lodge operation and the proposed timeshare
lodge development:
[No changes to subsections 1-3]
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
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upgrading that is to be accomplished shall be determined as part of the Conceptual PUD review,
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi-family dwelling unit that meets the definition of residential
multi-family housing to timesharing shall comply with the provisions of Chapter 26.530,
Resident Multi-Family Replacement Program Section 26.470.070(5), Demolition or
redevelopment of multi-family housing, even when there is no demolition of the existing
multi-family dwelling unit.
[No changes to sections E - J]
26.590.090. Timeshare documents
At the same time the applicant submits the PUD development plan and PUD agreement to the
City for recordation, pursuant to Section 26.445.070490, Development Documents, or submits
the necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the final Conceptual PUD application.
[No changes to sections A-B]
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Exhibit C – Proposed PUD/SPA Code Amendments, Clean Version
Chapter 26.440, SPECIALLY PLANNED AREA (SPA), is deleted in its entirety.
Chapter 26.445
PLANNED UNIT DEVELOPMENT (PUD)
Sections:
Sec. 26.445.010. Purpose.
Sec. 26.445.020. Applicability.
Sec. 26.445.030. Procedures for review.
Sec. 26.445.040. Conceptual PUD Review Standards.
Sec. 26.445.050. Final PUD Review Standards.
Sec. 26.445.060. Application materials.
Sec. 26.445.070. Recording a final PUD development plan.
Sec. 26.445.080. Placement of PUD designation on Official Zone District Map.
Sec. 26.445.090. Amendment of PUD development order.
26.445.010. Purpose.
The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and
innovation in the development of land which:
A. Promotes the purposes, goals and objectives of any applicable adopted regulatory plans.
B. Achieves a more desirable development pattern, a higher quality design and site planning, a
greater variety in the type and character of development and a greater compatibility with existing
and future surrounding land uses than would be possible through the strict application of the
underlying zone district provisions.
C. Preserves natural and man-made site features of historic, cultural or scenic value.
D. Promotes more efficient use of land, public facilities and governmental services.
E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity
to neighborhood and community goals and objectives.
F. Promotes safe and convenient transit, pedestrian, bicycle and vehicular access and circulation.
G. Allows the development of mixed land uses through the encouragement of innovative design
practices that warrant variations from the standard permitted zone district land uses and
dimensional requirements.
26.445.020. Applicability.
A PUD is permitted as an overlay in any zone district and on any land located within the City of
Aspen boundaries. All land with a PUD designation shall also be designated with an underlying
zone district designation most appropriate for that land.
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Before any development shall occur on land designated Planned Unit Development (PUD) on the
official zone district map or before development can occur as a PUD, it shall receive final PUD
approval pursuant to the terms of this Chapter. However, in no event shall adoption of a final
development plan be required for the construction of a single detached- or duplex-residential
dwelling, in conformance with Section 26.445.030(F), Single-Family and Duplex Development.
26.445.030. Procedures for review.
A. General. Any development within a Planned Unit Development (PUD) or on land
designated with a PUD Overlay on the Official Zone District Map shall be reviewed pursuant to
the procedures and standards in this Chapter and the Common Development Review Procedures
set forth at Chapter 26.304. Any land previously designated with a Specially Planned Area
(SPA) Overlay shall be subject to the terms of this Chapter.
B. Types of Review.
1. Full PUD Review (three-step review). All development proposed within a PUD, unless
eligible for a consolidated review, shall be subject to a Full PUD Review consisting of
the following three steps (See also Section 26.445.030(C), Steps Required). Public
hearings are required at each step.
A. Conceptual Review by the Planning and Zoning Commission.
B. Conceptual Review by City Council.
C. Final Review by the Planning and Zoning Commission.
2. Consolidated PUD Review (two-step review). An applicant may request and the
Community Development Director may determine that because of the limited extent of
the issues involved in a proposed PUD in relation to these review procedures and
standards or because of a significant community interest which the project would serve, it
is appropriate to consolidate Conceptual and Final PUD Development Plan review,
pursuant to this section and Section 26.304.060(B)(1), Combined Reviews. The
Community Development Director shall consider whether the full three-step review
would be redundant and serve no public purpose and inform the applicant during the pre-
application stage whether consolidation will be permitted.
A PUD application which is determined to be eligible for consolidation shall be subject to
a Consolidated PUD Review consisting of the following two steps (See also Section
26.445.030(C), Steps Required). Public hearings are required at each step.
A. Review by the Planning and Zoning Commission for compliance with both the
Conceptual and Final review criteria outlined in sections 26.445.040 and 26.445.050.
B. Review by City Council for compliance with both the Conceptual and Final review
criteria outlined in sections 26.445.040 and 26.445.050. The City Council may, during
review, determine that the application should be subject to both conceptual and final plan
review, in which case consolidated review shall not occur.
3. Purpose of Conceptual PUD Review. Conceptual PUD Review focuses on the overall
concept and general parameters of a project, and establishes the allowed dimensions and
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uses for a project. The intent is to establish the uses and mass and scale of the proposal,
as well as any deviations from zone district requirements. All dimensions shall be
established as part of the Conceptual PUD. Approval of a Conceptual PUD Development
Plan shall be binding.
4. Purpose of Final PUD Review. Final PUD Review focuses on refining a project design,
including establishing final architectural and material details as well as utility and other
infrastructure details. The intent is to perfect and finalize all technical aspects of the
project. The Conceptual PUD approval shall not be revisited as part of the Final PUD
Review, unless changes to the Conceptual PUD approval are proposed by the applicant.
5. Concurrent associated reviews. An applicant may request and the Community
Development Director may determine that an application for development within a PUD
may be combined, during conceptual review, with a development application for other
land use reviews, including conditional use, special review, ESA review, subdivision
review, and growth management. All combined reviews shall be considered during
Conceptual Review, but are contingent upon the application receiving Final Review
approval. If a Consolidated PUD Review has been permitted, all associated reviews shall
be combined with the Consolidated PUD Review.
The Community Development Director shall consider whether the associated reviews
may be reviewed concurrently and inform the applicant during the pre-application stage
whether concurrent reviews will be permitted and if any redundant submission
requirements may be waived.
6. Concurrent Conceptual Commercial Design Review. An applicant may request and
the Community Development Director may determine that an application for
development within a PUD may be combined, during Conceptual PUD Review or
Consolidated PUD Review, with conceptual commercial design review.
Notwithstanding section 26.412.040.B, Commercial Design Review Procedure, Appeals,
notice to City Council and call-up, when Conceptual PUD Review is combined with
conceptual commercial design review, City Council’s Conceptual PUD Review shall
constitute the required commercial design review call-up provisions and procedures, and
no other action otherwise outlined in section 26.412.040.B, Commercial Design Review
Procedure, Appeals, notice to City Council and call-up, shall be required.
7. Concurrent Historic Preservation Review. An applicant may request and the
Community Development Director may determine that an application for development
within a PUD on a property that is historically designated or located within a Historic
District may be combined, during Conceptual PUD Review or Consolidated PUD
Review, with any applicable Historic Preservation reviews outlined in Chapter 26.415,
Historic Preservation, pursuant to Section 26.304.060(B)(1), Combined Reviews. In such
circumstances, the PUD Review and any other concurrent associated reviews shall be
completed by the Historic Preservation Commission.
Notwithstanding sections 26.415.120.B-D, Historic Preservation, Appeals, notice to City
Council and call-up, when Conceptual PUD Review is combined with a Historic
Preservation review that is subject to said sections, City Council’s Conceptual PUD
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Review shall constitute the required call-up provisions and procedures, and no other
action otherwise outlined in sections 26.415.120.B-D, Historic Preservation, Appeals,
notice to City Council and call-up, shall be required.
8. Dimensional and use amendments between Conceptual and Final Reviews. Any
Final PUD application that proposes to increase the Height or Floor Area/FAR
dimensions or amend the land uses established in the Conceptual Ordinance shall require
Council approval, and the Final PUD Development Plan shall be subject to City Council
and Planning and Zoning Commission review, pursuant to Steps Three and Four, as
outlined in Section 26.445.030(C), Steps required. In such circumstances, the Planning
and Zoning Commission shall be a recommending body on the Final PUD Development
Plan, and City Council shall have final review authority.
Minor deviations in other dimensional requirements established in the Conceptual
Ordinance may be reviewed and approved by the Planning and Zoning Commission
during their Final PUD Review pursuant to Section 26.445.050, Final PUD Review
Standards. Deviations not meeting the standards set forth in Section 26.445.050(B),
Minor Dimensional Changes, or changes to the land uses established in the Conceptual
Ordinance, shall be subject to City Council and Planning and Zoning Commission
review, pursuant to Steps Three and Four, as outlined in Section 26.445.030(C), Steps
required. The Conceptual Ordinance, at City Council’s discretion, may include
allowances for dimensional changes between Conceptual and Final.
C. Steps required: Unless consolidated in accordance with Section 26.445.030(B)(2),
Consolidated PUD Review, three (3) steps are required for the review and approval of an
application for development within a Planned Unit Development (PUD). Consolidated PUD
reviews require only steps one and two. If the proposal increases the Height or Floor Area/FAR
dimensions or changes the land uses established between the Conceptual PUD approval and the
Final Review application, then a fourth step shall be required. The steps are as follows:
1. Step One — Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide P&Z with a
recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. The Planning and
Zoning Commission shall forward a recommendation of approval, approval with
conditions or disapproval of a Conceptual PUD Development Plan to City
Council after considering the recommendation of the Community Development
Director, and comments and testimony from the public at a duly noticed public
hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: The Planning and Zoning recommendation shall be by
resolution.
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5. Notice requirements: Publication, mailing and posting (See Section
26.304.060.E.3.a, b and c)
2. Step Two — Public Hearing before City Council.
1. Purpose: To review recommendations of the Planning and Zoning Commission
and to determine if the application meets the standards for Conceptual PUD
Development Plan.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Conceptual
PUD Development Plan, based on the standards of review. City Council shall
approve, approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 for review of Conceptual PUD
Development Plan.
4. Form of decision: City Council action shall be by ordinance approving,
approving with conditions or denying Conceptual PUD Development Plan, or
Conceptual and Final PUD Development Plan if the application is consolidated.
5. Notice requirements: Requisite notice requirements for adoption of an ordinance
by City Council and publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c)
3. Step Three — Public Hearing before the Planning and Zoning Commission.
1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan.
2. Process: The Community Development Director shall provide the Planning and
Zoning Commission with a recommendation to approve, approve with conditions,
or deny the Final PUD Development Plan, based on the standards of review. The
Planning and Zoning Commission shall approve, approve with conditions or
disapprove a Final PUD Development Plan after considering the recommendation
of the Community Development Director, and comments and testimony from the
public at a duly noticed public hearing.
3. Standards of review: Section 26.445.050 for review of Final PUD Development
Plan.
4. Form of decision: The Planning and Zoning decision shall be by resolution.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
4. Step Four — Public Hearing before City Council, if applicable.
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1. Purpose: To determine if the application meets the standards for Final PUD
Development Plan when amendments to the Height or Floor Area/FAR
dimensions or land uses established in the Conceptual PUD are proposed.
2. Process: The Community Development Director shall provide City Council with
a recommendation to approve, approve with conditions, or deny the Final PUD
Development Plan, based on the standards of review. City Council shall approve,
approve with conditions, or deny the application after considering the
recommendation of the Community Development Director, the recommendation
from the Planning and Zoning Commission, and comments and testimony from
the public at a duly noticed public hearing.
3. Standards of review: Section 26.445.040 to review changes to approved Height
or Floor Area/FAR dimensions or land uses; and Section 26.445.050 for review of
Final PUD Development Plan.
4. Form of decision: The City Council decision shall be by ordinance.
5. Notice requirements: Publication, posting and mailing. (See Subparagraphs
26.304.060.E.3.a, b and c.)
D. Limitations. Unless otherwise specified in the Ordinance granting conceptual approval, a
development application for a Final PUD Development Plan shall be submitted within one (1)
year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of a conceptual
development plan. The Community Development Director may grant an extension of this
limitation if the delay has been caused by the application requiring additional reviews or similar
delays that could not have been reasonably predicted by the applicant. The City Council may, at
its sole discretion and for good cause shown, grant an extension of the deadline, provided a
written request for extension is received no less than thirty (30) days prior to the expiration date.
Development on any land within a Planned Unit Development may occur only after all land use
approvals are received, all requisite documents, agreements and plats have been filed and the
applicant has received all necessary permits as required by the Municipal Code and any other
county, state or federal authority with jurisdiction over the land.
E. Appeals. An applicant aggrieved by a Planning and Zoning Commission Final PUD
Development review, may appeal the decision to the City Council. In such circumstances, the
Planning and Zoning Commission’s decision shall be considered a recommendation to City
Council, and City Council shall review the project for compliance with Section 26.445.050,
Final PUD Review Standards, during a duly noticed public hearing. The Council decision shall
be by Ordinance.
F. Single-Family and Duplex Development. In the absence of a final development plan, a
single detached, two (2) detached, or a duplex residential dwelling, if listed as a permitted use in
the underlying zoning, may be developed in conformance with the provisions of the underlying
Zone District. This shall not exempt a development from complying with any other applicable
Land Use Code reviews.
26.445.040. Conceptual PUD Review Standards.
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The review of the Conceptual PUD Development Plan shall focus on the general concept for the
development, but shall outline any dimensional or use requirements that vary from those allowed
in the underlying zone district. The burden shall rest upon an applicant to show the
reasonableness of the development application and its conformity to the standards and
procedures of this Chapter and this Title. The underlying zone district designation shall be used
as a guide, but not an absolute limitation, to the uses and dimensions which may be considered
during the development review process. Any dimensional or use variations allowed shall be
specified in the Ordinance granting Conceptual PUD approval. In the review of a development
application for a Conceptual PUD Development Plan, the Planning and Zoning Commission and
City Council shall consider the following:
A. General Requirements.
1. The proposed development complies with applicable adopted regulatory plans.
2. The proposed development is compatible with the mix of development in the immediate
vicinity of the parcel in terms of land uses, density, height, mass, and open space
B. Development Suitability. The parcel(s) proposed for development is generall y suitable for
development, considering the slope, ground instability and the possibility of mudflow, rock
falls, avalanche dangers and flood hazards. The proposed development preserves important
geologic features, mature vegetation, and structures or features of the site that have historic
or cultural relevance and is sited to avoid any natural hazards.
C. Land Uses. A development application may request variations in the allowed uses permitted
in the underlying zone district. Any proposed uses deviating from those allowed in the
underlying zone district shall be compatible with the character of existing land uses in the
surrounding area. In meeting this standard, consideration shall be given to the existence of
similar uses in the immediate vicinity, as well as how the proposed uses will enhance the
project or immediate vicinity.
D. Site Planning. The site plan is compatible with the context and visual character of the area.
In meeting this standard, the following criteria shall be used:
1. The site plan preserves any significant natural or man-made features which are unique,
provide visual interest or a specific reference to the past, or contribute to the identity of
the town.
2. Structures are oriented to public streets and are sited to reflect the neighborhood context.
3. If the development includes common park, open space, or recreation areas, the proposed
amount, location and design of the common park, open space or recreation area enhances
the character of the proposed development, considering existing and proposed structures
and natural landscape features of the property.
E. Dimensions. All dimensions shall be established through the Conceptual Review. A
development application may request variations to any dimensional requirement. Any
proposed dimensions deviating from those allowed in the underlying zone district shall be
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compatible with the site’s natural characteristics, such as steep slopes, vegetation, waterways,
etc., and any natural or man-made hazards. In meeting this standard, consideration shall be
given to the dimensions in the immediate vicinity, topography of the site and surrounding
parcels, and the extent to which the development enhances the cohesiveness or distinctive
identity of the neighborhood, and:
1. Density, Mass & Height. The maximum allowable density, massing (floor area) and
height may be increased if there exists a significant community goal to be achieved
through such increase and the development pattern is compatible with the surrounding
development patterns and with the site's physical constraints. In meeting this standard,
consideration shall be given to:
a. The proposed dimensions represent a character suitable for and indicative of the
primary uses of the project and integrate into the neighborhood.
b. The proposed development respects the scale and massing of any nearby historical
and cultural resources.
c. The proposed development responds to the site’s topography and other natural
features and either blends in with said features or enhances them.
2. Parking. The number of off-street parking spaces shall be established based on the
probable number of cars to be operated by those using the proposed development and the
nature of the proposed uses. The availability of public transit and other transportation
facilities, including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development, and the potential for
joint use of common parking may be considered when establishing a parking requirement.
F. Design Standards. The design of the proposed development is compatible with the context
and visual character of the area. In meeting this standard, the following criteria shall be used:
1. The design complies with applicable design standards, including those outlined in
Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design
Standards, and Chapter 26.415, Historic Preservation.
2. The proposed materials are compatible with those called for in any applicable design
standards, as well as those typically seen in the immediate vicinity. Materials are
finalized as part of the Final PUD review, but review boards may include conditions
related to architectural character and materials as part of the Conceptual PUD Review.
G. Pedestrian, bicycle & transit facilities, access and circulation. The development provides
adequate pedestrian, bicycle, and transit facilities. These facilities and improvements shall
be prioritized over vehicular facilities and improvements. Any new vehicular access points
minimize impacts on pedestrian, bicycle and transit facilities. Access and circulation
accommodate emergency vehicles and meet all applicable road engineering standards.
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Security/privacy gates across access points and driveways are prohibited. Adequate
pedestrian and handicapped access is provided to the site and to individual buildings.
H. Public Infrastructure and Facilities. At the sole costs of the developer, the proposed PUD
shall upgrade public infrastructure and facilities necessary to serve the PUD. The City may
require certain public infrastructure or facilities to be oversized in anticipation of future
needs or the development of adjacent parcels and shall reimburse the developer
proportionately for the additional improvement. Any adverse impacts on public
infrastructure by the development shall be mitigated by the necessary improvements at the
sole cost of the developer.
I. Access and circulation. The proposed development shall have perpetual unobstructed legal
and physical vehicular access to a public way. A proposed PUD shall not eliminate physical
or legal access from a public way to an adjacent property and shall not restrict the ability for
an adjacent property to develop. Any streets in the PUD which are proposed or recommended
to be retained under private ownership provide appropriate dedication to public use to ensure
appropriate public and emergency access. Buildings and access ways are arranged to allow
emergency and service vehicle access.
26.445.050. Final PUD Review Standards.
The review of the Final PUD Development Plan shall be focused on the detailed evaluation of
the specific aspects of the development, including utility placement, and architectural materials.
In the review of a development application for a Final PUD Development Plan, the Planning and
Zoning Commission shall consider the following:
A. Conceptual Approval. The proposed development is consistent with the Conceptual PUD
Development Plan. Any conditions of Conceptual approval are adequately addressed.
B. Minor Dimensional Changes. Minor deviations to dimensions (other than height and Floor
Area/FAR) approved during Conceptual Review are permitted if they are due to technical or
design considerations that could not have been foreseen during the Conceptual PUD Review,
or address direction received during Conceptual Review. In meeting this standard, the
following shall be considered:
1. The change is a result of survey errors.
2. City referral departments or other utilities have requested infrastructure related changes
that impact site planning or other aspects of the development.
3. The change is based on responses to conditions or direction received during Conceptual
PUD review.
4. The change is a result of other design considerations that could not have been foreseen
during the Conceptual Review.
C. Growth Management. The proposed development has received all required GMQS
allotments, or is concurrently seeking allotments.
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D. Architecture. The proposed development emphasizes quality construction and design
characteristics, such as exterior materials, weathering, snow shedding and snow storage,
energy efficiency and the like. Materials are of high quality and shall comply with applicable
design standards. The design complies with applicable design standards, including those
outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial
Design Standards, and Chapter 26.415, Historic Preservation.
E. Lighting. All lighting is proposed so as to prevent direct glare or hazardous interference of
any kind to adjoining streets or lands. All exterior lighting complies with the City’s outdoor
lighting standards unless otherwise approved and noted in the final PUD documents.
F. Common Park, Open Space, or Recreation Areas. If the proposed development includes a
common park, open space or recreation area, a proportionate, undivided interest in all
common park and recreation areas is deeded in perpetuity (not for a number of years) to each
lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. An
adequate assurance through a legal instrument for the permanent care and maintenance of
open spaces, recreation areas and shared facilities together with a deed restriction against
future residential, commercial or industrial development is required.
G. Landscaping. The landscape plan exhibits a well-designed treatment of exterior spaces,
preserves existing significant vegetation as determined by the Parks Department and provides
an ample quantity and variety of ornamental plant species suitable for the Aspen area
climate. Existing vegetation or other landscape features proposed to remain in the
development are adequately protected. Site drainage is accommodated for the proposed
development in a practical and reasonable manner and shall not negatively impact
surrounding properties. Adequate snow storage is accommodated.
H. Improvements. The improvements set forth at Title ***, Engineering Design Standards,
shall be provided for the proposed PUD.
I. Public Infrastructure and Facilities. The location of all public facilities, including roads,
water service, sewer service, and the like needed to service the development has been
addressed.
J. Phasing of development plan. If phasing of the development plan is proposed, each phase
shall be defined in the adopted final PUD development plan. The phasing plan shall be
designed to function as a complete development and shall not be reliant on subsequent
phases. Phasing shall insulate, to the extent practical, occupants of initial phases from the
construction of later phases. All necessary or proportionate improvements to public
facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used
jointly by residents of the PUD, construction of any required affordable housing and any
mitigation measures shall be completed concurrent or prior to the respective impacts
associated with the phase.
26.445.060. Application materials.
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A. Conceptual PUD. The contents of a development application for a conceptual development
plan shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
3. A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A statement outlining in conceptual terms how the proposed development will be served
with the appropriate public facilities and how assurances will be made so those public
facilities are available to serve the proposed development.
6. An architectural character plan showing the use, massing, scale and orientation of the
proposed buildings, and outlining the suitability of a building for its purposes, legibility
of the building's use, the building's proposed massing, proportion, scale, orientation to
public spaces and other buildings, use of materials and other attributes which may
significantly represent the proposed development.
7. A description of the dimensional requirements and land uses being established for the
proposed development. All dimensional requirements shall be established in the PUD.
8. A written response to each of the PUD review criteria contained in Section 25.445.040.
B. Final and consolidated PUD. The contents of the development application for a final, and
consolidated conceptual and final PUD shall include the following:
1. The general application information required in Common Procedures, Chapter 26.304.
2. A site improvement survey depicting:
a) Existing natural and man-made site features.
b) Existing topography and categorization of site slopes.
c) All legal easements and restrictions.
3. A description of the proposed development including a statement of the objectives to be
achieved by the PUD and a description of the proposed land uses, densities, natural
features, traffic and pedestrian circulation, parking, open space areas, infrastructure
improvements and site drainage.
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4. A site plan of the proposed development illustrating building placement, natural features,
traffic and pedestrian circulation, parking, open space areas, landscaping, and
infrastructure improvements.
5. A landscape plan depicting:
a) The type, location and size of all existing plant materials and other landscape
features.
b) The proposed method of protecting vegetation through construction.
c) The type and location of all proposed plant materials, other landscape features,
proposed treatment of ground surfaces and erosion control and a plant material
schedule with common and botanical names, sizes and quantities.
6. A grading and drainage plan showing all grading and how drainage and stormwater is
accommodated.
7. A statement specifying the public facilities that will be needed to accommodate the
proposed development and what specific assurances will be made to ensure the public
facilities will be available to accommodate the proposed development.
8. A statement specifying the method of maintaining any proposed common areas on the
site, including but not limited to common parking areas, walkways, landscaped areas and
recreational facilities and what specific assurances will be made to ensure the continual
maintenance of said areas.
9. A description of how the proposed dimensional requirements and land uses comply with
the Conceptual Review approval.
10. A description of any proposed project phasing detailing the specific improvements
proposed for each phase.
11. A written response to each of the PUD review criteria contained in Section 26.445.050.
12. A proposed plat which depicts the applicable information required by Subsection 26.490,
Development Documents.
13. Proposed PUD plans and a proposed PUD agreement.
26.445.070. Recording a final PUD development plan.
A. General.
Unless otherwise specified in the City Council ordinance granting final approval of a PUD
development plan, all necessary documents, as applicable, shall be recorded within one hundred
and eighty (180) days of the adoption date of the final PUD. Failure to file these documents
within this time period shall render null and void the approval of a final development plan. The
Community Development Director may extend the recordation deadline if the request is within
the vesting timeline and if there is a community interest for providing such an extension. The
Community Development Director may forward the extension request to City Council.
All documents shall meet the requirements outlined in Chapter 26.490, Development Documents.
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Development of the property shall be limited to the uses, density, configuration and all other
elements and conditions set forth on the final development plan and PUD agreement.
26.445.080. Placement of PUD designation on Official Zone District Map.
After approval of a final PUD development plan, the Community Development Director shall
amend the City's Official Zone District Map to show a Planned Unit Development (PUD)
designation. The process of establishing a new PUD shall not require a Rezoning Review under
Chapter, 26.310, Amendments to the Land Use Code and Official Zone District Map, as the act of
approving a Final PUD and issuance of a Development Order authorizes the designation on the
City’s Official Zone District Map.
26.445.090. Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final PUD development plan may be authorized by the Community
Development Director. An insubstantial amendment shall meet the following criteria:
1. The proposal does not change the use or character of the development.
2. The proposal is consistent with all conditions or representations in the project's original
approval.
3. The proposal will not require granting a variation from the project's approved use(s).
4. Any proposed changes to the approved dimensional requirements are limited to a technical
nature, or respond to a design parameter that could not have been foreseen in during the
original approval.
The action by the Community Development Director shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Community Development Director, pursuant to Chapter 26.316, Appeals.
B. Minor Amendment. An amendment found to be consistent with or an enhancement of the
approved final development plan by the Community Development Director, but which does not
meet the established thresholds for an insubstantial amendment, may be approved, approved with
conditions or denied by the Planning and Zoning Commission, at a public hearing. The Planning
and Zoning Commission may consider any applicable review criteria outlined in sections
26.445.040 and 26.445.050 to determine if the amendment should be approved.
The action by the Planning and Zoning Commission shall be considered the final action, unless
the decision is appealed. An applicant may appeal an amendment determination made by the
Planning and Zoning Commission to the City Council. In this case, the determination made by
the Planning and Zoning Commission shall be considered a recommendation and the amendment
shall be subject to final development plan review and approval by the City Council at a public
hearing.
C. Major Amendment. An amendment found to be inconsistent with the approved final
development plan by the Community Development Director shall be subject to final
development plan review and approval by City Council at a public hearing. The amendment
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shall be reviewed against both Conceptual and Final PUD Review Criteria, sections 26.445.040
and 26.445.050.
D. Conditions. During the review of a proposed amendment, the Planning and Zoning
Commission and City Council may require such conditions of approval as are necessary to insure
that the development will be compatible with current community circumstances. This shall
include, but not be limited to, portions of the development which have not obtained building
permits or are proposed to be amended, any new community policies or regulations which have
been implemented since the original approval or changed or changing community circumstances
as they affect the project's original representations and commitments.
The applicant may withdraw the proposed amendment at any time during the review process.
E. Absence of approved final development plan. In the absence of an approved final
development plan for a site designated PUD on the Official Zone District Map, an accurate
improvements survey of existing conditions may be substituted to permit evaluation of whether
the proposal is an insubstantial or other amendment.
F. Boundary Amendment. The boundaries of a parcel previously designated Planned Unit
Development (PUD) may be amended through Steps One and Two, as outlined in Section
26.445.030(C), Steps required.
G. Rescinding a PUD. The removal of a Planned Unit Development (PUD) designation from a
parcel for cause may be approved by City Council at a duly noticed public hearing. When no
cause is shown, removal of a PUD designation shall follow Steps One and Two, as outlined in
Section 26.445.030(C), Steps required, but shall require demonstration of why the land no longer
meets the standards of review.
Other Code Section Changes for PUD/SPA Code Amendment
26.104.100. Definitions.
Chapter 26.208 - CITY COUNCIL
26.208.010. Powers and duties.
In addition to any authority granted by state law or this Code, the City Council shall have the
following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To hear, review and adopt amendments to the text of this Title after recommendation by the
Commission, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To hear, review and adopt amendments to the Official Zone District Map after
recommendation by the Planning and Zoning Commission, pursuant to Chapter 26.310;
E. To hear, review and adopt a conceptual development plan and a final development plan for a
planned unit development (PUD), pursuant to Chapter 26.445;
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F. To hear, review and designate H, Historic Overlay Districts and historic landmarks, after
recommendation from the Planning and Zoning Commission and the Historic Preservation
Commission, pursuant to Chapter 26.420;
G. To review appeals from decisions of the Historic Preservation Commission approving,
conditionally approving or disapproving a development application for development or
demolition of an historic landmark or a development application for development or demolition
in an H, Historic Overlay District pursuant to Chapter 26.415;
H. To adopt any plans, guidelines or documents that will be used in a guiding or regulatory
capacity by the City;
I. To hear appeals from decisions of decision-making bodies as enabled in each Chapter of this
Title;
J. To approve development applications and grant development allotments as required by
Chapter 26.470, Growth Management Quota System;
K. To hear appeals from interpretations made by the Planning Director regarding the text of this
Title and the boundaries of the Official Zone District Map, pursuant to Chapter 26.306;
L. To hear, review and approve, approve with conditions or disapprove a plat for subdivision,
after recommendation from the Planning and Zoning Commission pursuant to Chapter 26.480;
M. To determine if a development proposal is reasonably necessary for the convenience and
welfare of the public, pursuant to Section 26.500.040, and thereafter review such proposal in
accordance with Subsection 26.500.050.B.
N. To create a Transferable Development Right in accordance with Chapter 26.535.
O. To take such other actions not delegated to the Planning and Zoning Commission, the
Historic Preservation Commission, the Board of Adjustment or the Director of the Community
Development Department, as the City Council may deem desirable and necessary to implement
the provisions of this Title.
Chapter 26.210 - COMMUNITY DEVELOPMENT DEPARTMENT
26.210.020. Director of Community Development Department.
B. Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties
which may be conferred upon the Community Development Department Director by other
provisions of this Code, the Community Development Department Director shall have the
following jurisdiction, authority and duties:
1. To serve as staff to the City Council, to provide such body with planning and technical
assistance and to inform such body of all facts and information available with respect to
development applications or any other matters brought before it;
2. To serve as staff to the Planning and Zoning Commission, to provide such body with
planning and technical assistance and to inform such body of all facts and information
available with respect to development applications or any other matters brought before it;
3. To serve as staff to the Historic Preservation Commission, to provide such body with
planning and technical assistance, to inform such body of all facts and information
available with respect to development applications or any other matters brought before it
and to inform such body regarding historic preservation items being heard by other City
boards in advance of those hearings;
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4. To serve as staff to the Board of Adjustment and other decision-making bodies
established by this Title and to inform such bodies of all facts and information available
with respect to development applications or any other matters brought before it;
5. To serve as staff to the Administrative Hearing Officer, to provide such officer with
planning and technical assistance and to inform such officer of all facts and information
available with respect to appeals of decisions made by an administrative official or any
other matters brought before it;
6. To render interpretations of this Title or the boundaries of the Official Zone District Map
pursuant to Chapter 26.306;
7. To enforce any provision of this Title or any other provision of this Code;
8. To establish such rules of procedure necessary for the administration of the Community
Development Department Director's responsibilities;
9. To exempt development within an H, Historic Overlay District in accordance with
Chapter 26.415;
10. To approve minor modifications to a development order for development or demolition
within an H, Historic Overlay District in accordance with Chapter 26.415;
11. To exempt development in an environmentally sensitive area (ESA) in accordance with
Chapter 26.435;
12. To exempt development which is subject to special review in accordance with Chapter
26.430;
13. To approve, approve with conditions or deny development subject to GMQS
administrative approval in accordance with Chapter 26.470;
14. To score growth management applications in accordance with Chapter 26.470;
15. To approve development subject to subdivision administrative approval in accordance
with Chapter 26.480;
16. To approve development subject to Planned Unit Development administrative approval in
accordance with Chapter 26.445;
17. To undertake all general comprehensive planning responsibilities;
18. To initiate amendments to the text of this Title or to the Official Zone District Map,
pursuant to Chapter 26.310;
19. To administer the land use application fee policy, to bill applicants according to said
policy, to take such actions deemed necessary in withholding development orders or
issuing stop work orders upon nonpayment of review fees and to waive any fees or
portions thereof, upon request according to said policy;
20. To approve, approve with conditions or deny development subject to Chapter 26.520,
Accessory Dwelling Units and Carriage Houses;
21. To extinguish a transferable development right in accordance with Chapter 26.535;
22. To issue and extinguish Affordable Housing Certificates in accordance with Chapter
26.540; and
23. To assist and staff all aspects of the Master Planning process in accordance with Chapter
26.311.
Chapter 26.212 - PLANNING AND ZONING COMMISSION
26.212.010. Powers and duties.
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In addition to any authority granted the Planning and Zoning Commission (hereinafter
"Commission") by state law or the Municipal Code of the City of Aspen, Colorado, the
Commission shall have the following powers and duties:
A. To initiate amendments to the text of this Title, pursuant to Chapter 26.310;
B. To review and make recommendations of approval or disapproval of amendments to the text
of this Title, pursuant to Chapter 26.310;
C. To initiate amendments to the Official Zone District Map, pursuant to Chapter 26.310;
D. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council in regard to amendments of the Official Zone District Map, pursuant to
Chapter 26.310;
E. To review and make recommendations of approval, approval with conditions or disapproval
to the City Council on a conceptual development plan and final development plan for planned
unit development (PUD), pursuant to Chapter 26.445;
F. To review and grant allotments for residential, office, commercial and lodge pursuant to
growth management quota system (GMQS), pursuant to Chapter 26.470;
G. To make determinations of exemptions from the growth management quota system (GMQS),
pursuant to Chapter 26.470;
H. To hear, review and recommend approval, approval with conditions or disapproval of a plat
for subdivision, pursuant to Chapter 26.480;
I. To hear and approve, approve with conditions or disapprove conditional uses pursuant to
Chapter 26.425;
J. To hear and approve, approve with conditions or disapprove development subject to special
review, pursuant to Chapter 26.430;
K. To hear and approve, approve with conditions or disapprove development in environmentally
sensitive areas (ESA), pursuant to Chapter 26.435;
L. To make its special knowledge and expertise available upon reasonable written request and
authorization of the City Council to any official, department, board, commission or agency of the
City, County, State or the federal government;
M. To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this Title;
N. To grant variances from the provisions of this Title when a consolidated application is
presented to the Commission for review and approval pursuant to Chapter 26.314;
O. To hear, review and approve variances to the residential design guidelines, pursuant to
Chapter 26.410;
P. To hear and decide appeals from and review any order, requirement, decision or
determination made by any administrative official charged with the enforcement of Chapter
26.410, including appeals of interpretation of the text of the residential design standards. The
Commission may only grant relief from the residential design standards. A variance from the
residential design standards does not grant an approval to vary other standards of this Chapter
that may be provided by another decision-making administrative body; and
Q. To adopt by resolution any operational guidelines or documents that will be used guiding
capacity by the Commission. To recommend via resolution the adoption of design guidelines by
the City Council. To provide input on Master Plans, in accordance with Chapter 26.311.
26.304.060. Review of a development application by decision-making bodies.
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A. Review procedures and standards. Specific development review procedures and standards
for different types of development applications are set forth in the relevant chapters of this Title.
They include the following:
Permitted Uses: Chapter 26.404
Variances: Chapter 26.314
Residential Design Standards: Chapter 26.410
Development involving the Aspen Inventory of
Historic Landmark Sites and Structures or in
an H, Historic Overlay District: Chapter 26.415
Conditional Uses: Chapter 26.425
Special Review: Chapter 26.430
Development in Environmentally Sensitive Areas: Chapter 26.435
Planned Unit Developments (PUD): Chapter 26.445
Temporary Uses: Chapter 26.450
Growth Management Quota System (GMQS): Chapter 26.470
Subdivision: Chapter 26.480
Amendments to Text and Zone District Map: Chapter 26.310
26.470.110. Growth management review procedures.
A. General.
1. Number of development applications. No more than one (1) application for growth
management allotments on any one (1) parcel shall be considered concurrently. To
submit a new application, any active growth management application for the same
property must be vacated.
2. Number of growth management allocations. No more than one (1) project shall be
entitled to growth management allotments on any one (1) parcel concurrently. In order to
entitle a different project on the same parcel, existing growth allotments must be vacated.
(Also see Section 26.470.140, Amendment of a growth management development order.)
3. No automatic "resubmission" of growth management applications. Applications shall
only be eligible for growth allotments within the growth management session in which
they are submitted and shall not automatically become eligible for allotments in future
sessions or future years. Applications must be resubmitted in order to be eligible for
allotments in the next session or next year, as applicable. Resubmission shall effect a
new submission date.
4. HPC conceptual approval required. Whenever Historic Preservation Commission
approval is needed for a proposed project, the Historic Preservation Commission's
conceptual approval must be secured prior to submitting an application for a growth
management allotment. Conceptual HPC applications may not be combined with growth
management review.
5. PUD review. Projects requiring approval of a Planned Unit Development Plan, pursuant
to Chapter 26.445, may be reviewed concurrently with review for growth management,
pursuant to Paragraph 26.304.060.B.1.
6. Conceptual Commercial Design Review. Commercial, lodging and mixed-use projects
requiring conceptual commercial design review approval, pursuant to Chapter 26.412,
may be reviewed concurrently with review for growth management, pursuant to
Paragraph 26.304.060.B.1.
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Exhibit C - Page 19 of 23
7. Subdivision and other required land use reviews. Subdivision approval and other land
use review approvals, as applicable, shall be required and may be reviewed concurrently
with review for growth management, pursuant to Paragraph 26.304.060.B.1.
8. No partial approvals. In order for a project to gain approval, sufficient allotments for
every element of the project must be obtained. In circumstances where a proposal
requires allotments be granted for various types of uses within the project, the reviewing
body shall not grant approval unless allotments for every type of use are available. For
example: If a proposal requires that allotments be granted for free-market residential
units, affordable housing units and commercial space, and there are no remaining
allotments for free-market residential for the year, the project shall be denied. No partial
approvals shall be granted. In the above example, the project shall be denied in total and
not granted allotments for the affordable housing units or the commercial space. Also see
multi-year allotments below.
9. Nonassignability of growth allotments. Development allotments obtained pursuant to
this Chapter shall not be assignable or transferable independent of the conveyance of the
real property on which the development allotment has been approved.
10. Multi-year growth allotments. Projects requiring development allotments in excess of the
annual allotment may be granted a multi-year allotment, pursuant to Subsection
26.470.090.1, or may gain allotments over a multi-year period, provided that the
allotment gained in any one (1) year shall not exceed the annual allotment.
For example, a project requesting fifty thousand (50,000) square feet of commercial
space may request either a one-time, multi-year allotment of fifty thousand (50,000)
square feet or may request approval in the first year for twenty-five thousand (25,000)
square feet and request approval for the remaining twenty-five thousand (25,000) square
feet in a subsequent year.
Gaining allotments in any year shall not guarantee that allotments will be granted in later
years for the same project. Projects requiring a multi-year allotment shall not be granted
a development order until all elements of the project have been granted allotments. If the
design of a project changes prior to receiving the full allotment needed for a development
order, the reviewing body shall determine if the changes are acceptable or if the change
invalidates the previously granted allotment and requires a resubmission for allotments.
Applications for each year's allotment need to be submitted, and there shall be no
preferential status given to a project granted partial allotment.
Projects that do not require allotments in excess of the annual allotment shall not be
eligible to gain partial allotments. See No partial approvals above.
26.710.230 Academic (A).
A. Purpose. The purpose of the Academic (A) Zone District is to establish lands for
education and cultural activities with attendant research, housing and administrative facilities.
All development in the Academic Zone District is to proceed according to a conceptual
development plan and final development plan approved pursuant to the provisions of Chapter
26.445, Planned Unit Development.
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted and conditional uses in the Academic (A) Zone District shall be set by the adoption of
a conceptual development plan and final development plan, pursuant to Chapter 26.445, Planned
Unit Development.
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Exhibit C - Page 20 of 23
COMMERCIAL DESIGN REVIEW
26.412.040. Review procedure.
A. Review Process. Commercial design review is divided into a two-step process known as
conceptual design and final design. Pursuant to Section 26.304.020 of this Title, Pre-application
conference, applicants are encouraged, although not required, to meet with a City Planner of the
Community Development Department to clarify the requirements of this Section and to
determine if a project may be exempted from the provisions of this Section.
Consolidation of applications and combining of reviews. The procedures for commercial design
review include a two-step process requiring approval by a Commission of a conceptual design
and then a final design. If a development project involves additional City land use approvals, the
Community Development Director may consolidate or modify the review process accordingly,
pursuant to Subsection 26.304.060.B of this Title.
If a proposed development, in the opinion of the Community Development Director and in
consultation with the applicant, does not require growth management review and is of limited
scope, the Director may authorize the application to bypass conceptual design review and be
reviewed only for final design. In this circumstance, the City Council shall be promptly notified
of the Director's decision and afforded the opportunity to call-up the decision pursuant to
Subsection 26.410.040.B, Appeals, notice to City Council and call-up.
When the Historic Preservation Commission has purview over commercial design review, an
application for commercial design review shall be consolidated with the appropriate review
process as required by Section 26.415.070, Development Involving Designated Property. When
an application is considered consolidated and a conflict between this Chapter and Chapter
26.415, Development Involving the Aspen Inventory of Historic Landmark Sites and Structures
or Development in an "H," Historic Overlay District, arises, the regulations of Chapter 26.415
shall supersede.
[No changes to subsections 1 – 5]
COMMON DEVELOPMENT REVIEW PROCEDURES
26.304.040. Initiation of application for development order.
An application for a development order may only be initiated by (1) a person or persons owning
more than fifty percent (50%) of the property subject to the development application and
proposed development; (2) the City Council or the Planning and Zoning Commission for the
purpose of amending the text of this Chapter or the Official Zone District Map (Chapter 26.310)
or to designate a Planned Unit Development (PUD) (Chapter 26.445) and (3) the City Council,
Planning and Zoning Commission or Historic Preservation Commission for the purpose of
designating an H, Historic Overlay District or designating a property on the Aspen Inventory of
Historic Landmark Sites and Structures.
SIGNS:
26.510.020 Applicability and scope
This Chapter shall apply to all signs of whatever nature and wherever located within the City
except for those signs permitted through a Planned Unit Development (PUD).
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Exhibit C - Page 21 of 23
Chapter 26.590
TIMESHARE DEVELOPMENT
26.590.030 Exempt timesharing
[No changes to sections A - B]
C. Review standards for exemption. An applicant for exempt timesharing shall demonstrate
compliance with each of the following standards. These standards are in addition to those
standards applicable to the review of the subdivision exemption.
1. The proposal shall not conflict with any applicable deed restrictions or private covenants
or with any provisions of the Colorado Statutes. If the proposal is for a condominium, it
shall comply with the applicable provisions of Subsection 26.590.070.I of this Code.
2. All units to be converted to timesharing shall comply with the City's adopted Fire, Health
and Building Codes. If any unit does not comply with said Codes, then no sale of an
interest in that unit shall be closed until a Certificate of Occupancy has been issued that
brings the unit into compliance.
3. All dwelling units to be converted to timesharing shall comply with the requirements of
the zone district in which they are located and all other applicable standards of this Code
or with the requirements of any PUD or other site specific development approval granted
to the property.
4. The conversion of any multi-family dwelling unit that meets the definition of residential
multi-family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi-family housing, even when there is
no demolition of the existing multi-family dwelling unit.
5. The marketing, sales, management and operation of the timeshare estates shall comply
with the provisions of Subsection 26.590.070.F and 26.590.070.J, of this Code.
6. A wall sign shall be mounted on each building stating that it has been approved by the
City for timesharing and providing the name and phone number of a management entity
or local contact person who can be called in the event of an emergency or to respond to
neighborhood concerns. The sign shall comply with the requirements of Subsection
26.510.030.B.22 of this Code.
7. Development shall be in compliance with the provisions of the Subdivision requirements
in Chapter 26.480 when new lots or units are created.
26.590.040. Procedure for review of timeshare lodge development application
All timesharing that is not eligible for an exemption shall be processed as follows:
[No changes to section A]
B. Consolidated PUD Review. The Community Development Director may determine that
because a timeshare lodge development is a conversion of an existing building or because of
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Exhibit C - Page 22 of 23
the limited extent of the issues involved in the proposal, the three step PUD review process
should be consolidated into a two-step review, pursuant to Subsection 26.445.030.B.2,
Consolidated PUD Review. The Community Development Director is also authorized to
waive those PUD submission requirements from Section 26.445.060 and review standards
from Sections 26.445.040 and 26.445.050 that the Director finds are not applicable to a
proposed timeshare development.
C. Subdivision review. Timeshare lodge development shall also require subdivision approval.
Review of the subdivision application may be combined with PUD review, as authorized by
Subsection 26.304.060.B, Combined reviews, and by Subsection 26.445.030.B.5, Concurrent
associated reviews.
[No changes to sections D - E]
26.590.050. Contents of application
In addition to the general application information required in Section 26.304.030, Application
and fees and those application contents for PUD and subdivision, the application for timeshare
lodge development shall include the following information. For projects that require both
conceptual and final PUD review it is expected that this information will be provided in a
preliminary manner at the conceptual stage and in a detailed manner at the final stage.
[No changes to sections A - H]
26.590.070 Review standards for timeshare lodge development
An applicant for timeshare lodge development shall demonstrate compliance with each of the
following standards, as applicable to the proposed development. These standards are in addition
to those standards applicable to the review of the PUD and Subdivision applications.
A. Fiscal impact analysis and mitigation. Any applicant proposing to convert an existing
lodge to a timeshare lodge development shall be required to demonstrate that the proposed
conversion will not have a negative tax consequence for the City. In order to demonstrate the tax
consequences of the proposed conversion, the applicant shall prepare a detailed fiscal impact
study as part of the conceptual PUD application. The fiscal impact study shall contain at least
the following comparisons between the existing lodge operation and the proposed timeshare
lodge development:
[No changes to subsections 1-3]
B. Upgrading of existing projects. Any existing project that is proposed to be converted to a
timeshare lodge development shall be physically upgraded and modernized. The extent of the
upgrading that is to be accomplished shall be determined as part of the Conceptual PUD review,
considering the condition of the existing facilities, with the intent being to make the development
compatible in character with surrounding properties and to extend the useful life of the building.
1. To the extent that it would be practical and reasonable, existing structures shall be
brought into compliance with the City's adopted Fire, Health and Building Codes.
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Exhibit C - Page 23 of 23
2. No sale of any interest in a timeshare lodge development shall be closed until a
Certificate of Occupancy has been issued for the upgrading.
[No changes to Section C]
D. Affordable housing requirements.
1. Whenever a timeshare lodge development is required to provide affordable housing,
mitigation for the development shall be calculated by applying the standards of the City's
housing designee for lodge uses. The affordable housing requirement shall be calculated
based on the maximum number of proposed lock out rooms in the development and shall
also take into account any retail, restaurant, conference or other functions proposed in the
lodge.
2. The conversion of any multi-family dwelling unit that meets the definition of residential
multi-family housing to timesharing shall comply with the provisions of Section
26.470.070(5), Demolition or redevelopment of multi-family housing, even when there is
no demolition of the existing multi-family dwelling unit.
[No changes to sections E - J]
26.590.090. Timeshare documents
At the same time the applicant submits the PUD development plan and PUD agreement to the
City for recordation, pursuant to Section 26.490, Development Documents, or submits the
necessary documents to record the subdivision exemption, the applicant shall also submit the
following timeshare documents in a form suitable for recording. The Community Development
Director may require the applicant to submit a draft version of these timeshare documents at the
time of submission of the Conceptual PUD application.
[No changes to sections A-B]
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RESOLUTION N0. 66,
SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTINGCODEAMENDMENTSTOTHEPLANNEDUNITDEVELOPMENT (PUD) ANDSPECIALLYPLANNEDAREA (SPA) CHAPTERS IN THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), the Community DevelopmentDepartmentreceiveddirectionfromCityCounciltoexplorecodeamendmentsrelatedtothePUDandSPAChaptersintheLandUseCode; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community DevelopmentDepartmentconductedPublicOutreachwithCityCouncilregardingthecodeamendment; and,
WHEREAS, the Community Development Director recommended changes to thePUDandSPAChaptersintheLandUseCode; and,
WHEREAS, City Council has reviewed the proposed code amendment policydirection, and finds it meets the criteria outlined in Section 26.310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed publichearingonJanuary28, 2013, the City Council approved Resolution No. 66, Series of 2013,by a three to zero (3 — 0) vote, requesting code amendments to the PUD and SPA ChaptersintheLandUseCode; and,
WHEREAS, this Resolution does not amend the Land Use Code, but providesdirectiontostaffforamendingtheLandUseCode; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessaryforthepromotionofpublichealth, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOFASPENASFOLLOWS:
Section 1: Code Amendment Ob'ective and Direction
The objective of the proposed code amendments is to update the PUD and SPA Chapters intheLandUseCodetoensureamorepredictableprocess. City Council provided thefollowingdirectionrelatedtothecodeamendment:
Update and consolidate review standards where possible to eliminate redundanciesandprovidegreaterclarity.
Establish three (3) levels of amendment process for PUD and SPA: Administrative,P&Z only, City Council only.
Resolution No 66, Series 2013
Page ] of 2
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Amend PUD and SPA to a three (3) step process where Conceptual Review isbindingthroughaCityCouncilOrdinance:
Step 1: P&Z review of Conceptual, recommendation to City Council.St_ ep 2: City Council review of Conceptual, approval by Ordinance thatestablishesalldimensionalanduserequirements.
Step 3: P&Z review of Final, approval of final details (ex: exact utility lineplacement, building materials, etc) by Resolution. Any changes to height orfloorareadimensionsorusesvariationsestablishedintheCouncil
Conceptual Ordinance would require City Council review and approval.Any other dimensional changes could be approved as part of P&Z's finalreview.
Combine PUD and SPA into one chapter.
Section 2
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concludedundersuchpriorresolutionsorordinances.
Section 3•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for anyreasonheldinvalidorunconstitutionalinacourtofcompetentjurisdiction, such portionshallbedeemedaseparate, distinct and independent provision and shall not affect thevalidityoftheremainingportionsthereof.
FINALLY,adopted this 24th day of June 2013.
Steve Skadro ,Mayor
ATTEST:
APPROVED AS TO FORM:
Kathryn S. ch, City Clerk ames R True, City Attorney
Resolution No 66, Series 2013
Page 2 of 2
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Exhibit E
Existing Subdivision Code, Page 1
Exhibit E – Existing Subdivision Code Language
Definition:
Subdivision. The process, act or result of dividing land into two (2) or more lots,
parcels or other units of land or separate legal interests, for the purpose of transfer of
ownership, leasehold interest, building or development or for the creation or alteration of
streets or right-of-ways. Subdivision shall also include the realignment, alteration or
elimination of any lot line or property boundary established by and/or reflected on a plat
or deed recorded in the office of the Clerk and County Recorder for Pitkin County and
land to be used for condominiums, apartments or any other multiple dwelling units or for
time-sharing dwelling units. Unless the division of land as specified below is undertaken
for the purpose of evading this Title, subdivision does not apply to any division of land:
(a) Which is created by judicial proceeding or order of a court of competent
jurisdiction in this State or by operation of law, provided that the City is given notice
of and an opportunity to participate in the judicial proceeding prior to the entry of any
such court order;
(b) Which is reflected or created by a lien, mortgage, deed of trust or any other
security instrument;
(c) Which is created or reflected in a security or unit of interest in any investment
trust regulated under the laws of Colorado or any other interest in an investment
entity;
(d) Which creates cemetery lots;
(e) Which creates an interest in oil, gas, minerals or water which is severed from the
surface ownership or real property; or
(f) Which is created by the acquisition of an interest in land by reason of marriage or
blood relationship, joint-tenancy or tenants-in-common. Any such interest is for the
purposes of this Title a single interest.
Chapter 26.480
SUBDIVISION
Sec. 26.480.010. Purpose.
Sec. 26.480.020. Applicability and prohibitions.
Sec. 26.480.030. Exemptions.
Sec. 26.480.040. Procedures for review.
Sec. 26.480.050. Review standards.
Sec. 26.480.060. Application.
Sec. 26.480.070. Subdivision agreement.
Sec. 26.480.080. Amendment to subdivision development order.
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Exhibit E
Existing Subdivision Code, Page 2
Sec. 26.480.090. Condominiumization.
Sec. 26.480.010. Purpose.
The purpose of this Chapter is to: (a) assist in the orderly and efficient development of
the City; (b) ensure the proper distribution of development; (c) encourage the well-
planned subdivision of land by establishing standards for the design of a subdivision; (d)
improve land records and survey monuments by establishing standards for surveys and
plats; (e) coordinate the construction of public facilities with the need for public facilities;
(f) safeguard the interests of the public and the subdivider and provide consumer
protection for the purchaser; (g) acquire and ensure the maintenance of public open
spaces and parks; (h) provide procedures so that development encourages the
preservation of important and unique natural or scenic features, including but not limited
to mature trees or indigenous vegetation, bluffs, hillsides or similar geologic features or
edges of rivers and other bodies of water; and (i) promote the health, safety and general
welfare of the residents of the City.
Sec. 26.480.020. Applicability and prohibitions.
This Chapter shall apply to the subdivision of all land in the City, unless it is exempted pursuant
to Section 26.480.030.
A. General prohibitions.
1. It shall be unlawful for any person to develop, lease or sell any parcel of land, including any
separate interest in a parcel of land (including leasehold interest or condominium interest) in
the City until it has been subdivided and a plat recorded in the office of the County Clerk and
Recorder pursuant to the terms of this Chapter.
2. A written agreement to sell or lease an interest in a parcel of land which is expressly
conditioned upon full compliance by the seller with this Chapter within a specified period of
time and which expressly recites that seller's failure to satisfy such condition within said
period of time shall terminate the agreement and entitle the buyer to the prompt return of all
consideration paid by the buyer, shall not constitute a violation of this Chapter.
B. Development allotment. No development order for a subdivision shall be approved pursuant
to the provisions of this Chapter unless the applicant has been awarded a development
allotment or has obtained a GMQS exemption pursuant to Chapter 26.470, Growth
Management Quota System. Subdivisions of land zoned Affordable Housing Planned Unit
Development (AH-PUD) are exempt from this prohibition.
C. Prohibited conveyances. No interest in a parcel of land shall be transferred, conveyed, sold,
subdivided or acquired to create or extend a nonconformity or to avoid or circumvent any
provision of this Chapter.
D. Prohibited development. All structures shall be located on a subdivision lot. The lot lines
established in a subdivision shall not be altered by conveyance of a part of a lot, nor shall any
part of a lot be joined with a part of any other lot for conveyance or construction, unless the
application has been made pursuant to the terms of this Chapter.
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Exhibit E
Existing Subdivision Code, Page 3
E. Aspen Townsite lots. If two (2) or more lots within the Original Aspen Townsite or
additions thereto have continuous frontage and are in single ownership (including
husband and wife) on October 27, 1975, the lots shall be considered an undivided lot
for the purposes of this title and conveyance of any portion shall constitute
subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on
the Aspen incorporation plat of record, dated 1880, plus any lot or parcel annexed to
the City since that time which constitutes a nonconforming lot of record, plus any lot
or parcel which has not received subdivision approval by the City or County, but
excludes any subdivided lot in the City which conforms to the requirements of this
Title. (Ord. No. 44-2001, §1)
Sec. 26.480.030. Exemptions.
The following development shall be exempted from the terms of this Chapter:
A. General exemptions.
1. Lot line adjustment. An adjustment of a lot line between contiguous lots if all the
following conditions are met:
a. a. It is demonstrated that the request is to correct an engineering or
surveying error in a recorded plat or is to permit an insubstantial boundary
change between adjacent parcels; and
b. b. All landowners whose lot lines are being adjusted shall provide
written consent to the application; and
c. The corrected plat will meet the standards of this Chapter and conform to the
requirements of this Title, including the dimensional requirements of the Zone
District in which the lots are located, except in cases of an existing
nonconforming lot, in which the adjustment shall not increase the
nonconformity of the lot. The plat shall be submitted and recorded in the
office of the County Clerk and Recorder. Failure to record the plat within a
period of one hundred eighty (180) days following approval shall render the
plat invalid and reconsideration of the plat by the Community Development
Director will be required before its acceptance and recording; and
d. It is demonstrated that the lot line adjustment will not affect the development
rights, including any increase in FAR or permitted density of the affected lots
by providing the opportunity to create a new lot for resale or development. A
plat note will be added to the corrected plat indicating the purpose of the lot
line adjustment and the recognition that no additional FAR will be allowed
with the adjustment.
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Exhibit E
Existing Subdivision Code, Page 4
2. Lot split. The split of a lot for the purpose of creating one (1) additional
development parcel on a lot formed by a lot split granted subsequent to November
14, 1977, where all of the following conditions are met:
a. The land is not located in a subdivision approved by either the 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.
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.
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.
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.
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.
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.
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.
3. Approved subdivision. All subdivisions approved prior to the effective date of
this Chapter, except those lots contained within an approved subdivision which
are intended or designed to be resubdivided into smaller lots, condominium units
or multi-family dwellings.
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Exhibit E
Existing Subdivision Code, Page 5
4. Historic Landmark lot split. The split of a lot that is listed on the Aspen Inventory
of Historic Landmark Sites and Structures for the purpose of creating one (1)
additional development parcel. The Historic Landmark lot split shall meet the
requirements of Subsections 26.480.030.A.2 and 4, Chapter 26.470, and the
following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square feet in
size and be located in the R-6, R-15, R-15A, RMF, C-1 or 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.
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.
5. Exempt timesharing. The creation of time-span estates that comply with the
requirements for exempt timesharing, pursuant to Section 26.590.030 of the Code.
This subdivision exemption shall not be used to create any new lots or dwelling
units. (Ord. No. 55-2000, §11; Ord. No. 1-2002, §11, 2002; Ord. No. 9-2002, §9;
Ord. No. 21-2002, §7; Ord. No. 34-2003, §1; Ord. No.7 -2011, §1)
Sec. 26.480.040. Procedures for review.
A development application for a subdivision approval or exemption shall be reviewed
pursuant to the procedures and standards in this Chapter and the common development
review procedures set forth at Chapter 26.304.
A. Lot line adjustment and exempt timesharing. After an application for a lot line
adjustment or exempt timesharing has been determined complete by the Community
Development Director, the Director shall approve, approve with conditions or deny the
application.
B. Exempt subdivisions.
1. Steps required: One — a public hearing before City Council.
2. Notice requirements: None except for an application for a lot split which shall
require publication, mailing and posting (See Section 26.304.060[E][3]
Paragraphs [a],[b] and [c].)
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Exhibit E
Existing Subdivision Code, Page 6
3. Standards of review: Section 26.480.050.
4. City Council action: Ordinance approving, approving with conditions or
disapproving application for subdivision exemption.
C. Subdivisions. Approval of a development order for a subdivision shall require
review and recommendation for approval, approval with conditions or disapproval by the
Planning and Zoning Commission followed by a review and approval or approval with
conditions by the City Council. This application may be consolidated with a
development application for conditional use, special review, ESA review, GMQS
allotment, code amendment and/or rezoning.
1. Step One — Public hearing before Planning and Zoning Commission.
a. Purpose: To determine if application meets standards for subdivision.
b. Notice requirements: Publication, posting and mailing. (See Section
26.52.060 [E][3] Paragraphs [a],[b] and [c]).
c. Standards of review: Section 26.480.050.
d. P & Z action: Resolution recommending approval, approval with conditions
or disapproval of subdivision.
2. Step Two — Public hearing before City Council.
a. Purpose: To determine if application meets standards for subdivision.
b. Notice requirements: Publication, mailing and posting in addition to the
requisite notice requirements for adoption of an ordinance by City Council.
c. Standards of review: Section 26.480.050.
d. City Council action: Ordinance approving, approving with conditions or
disapproving subdivision.
(Ord. No. 21-2002, §8; Ord. No. 27-2002, §§18, 19)
Sec. 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 consistent with the Aspen Area Comprehensive
Plan.
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VIII.b
Exhibit E
Existing Subdivision Code, Page 7
2. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
3. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
4. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
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.
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.
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 the Aspen Area Comprehensive
Plan, 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.
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 Chapter 26.520, Replacement housing program. 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.
E. School land dedication. Compliance with the School land dedication standards set
forth at Chapter 26.620.
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
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VIII.b
Exhibit E
Existing Subdivision Code, Page 8
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. (Ord. No. 44-2001, §2; Ord. No. 12, 2007, §§29, 30)
Sec. 26.480.060. Application.
A. Review by the Planning and Zoning Commission. The contents of a development
application for a subdivision approval for review by the Planning and Zoning
Commission shall include the following:
1. The general application information required in common
development review procedures set forth at Section 26.304.030.
2. One (1) inch equals four hundred (400) feet scale City map showing the location
of the proposed subdivision, all adjacent lands owned by or under option to the
applicant, commonly known landmarks and the zone district in which the
proposed subdivision and adjacent properties are located.
3. A plat which reflects the layout of the lots, blocks and structures in the proposed
subdivision. The plat shall be drawn at a scale of one (1) equals one hundred
(100) feet or larger. Architectural scales are not acceptable. Sheet size shall be
twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the
plat on more than a one (1) sheet, an index shall be included on the first sheet. A
vicinity map shall also appear on the first sheet showing the subdivision as it
relates to the rest of the City and the street system in the area of the proposed
subdivision. The contents of the plat shall be of sufficient detail to determine
whether the proposed subdivision will meet the design standards of this Chapter
and this Title and shall contain the following itemized information:
a. The name of the proposed subdivision, which shall not be the same or similar
to any name used on a recorded plat in this County.
b. The name, address and telephone number of the owner/applicant, designer of
the proposed subdivision and the licensed surveyor.
c. The location and boundaries of the proposed subdivision.
d. A map showing the existing and proposed contours of the land in the proposed
subdivision at two-foot intervals, where the slope is less than ten percent
(10%) and five-foot intervals where the slope is ten percent (10%) or greater
and the designation of all areas with slope greater than thirty percent (30%).
e. The location and dimensions of all existing streets, alleys, easements, drainage
areas, irrigation ditches, public and private utilities and other significant
manmade or natural features within or adjacent to the proposed subdivision.
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Exhibit E
Existing Subdivision Code, Page 9
f. The location and dimensions of all proposed streets, alleys, easements,
drainage improvements, utilities, lot lines and areas or structures reserved or
dedicated for public or common use in the proposed subdivision.
g. The location, size and type of existing vegetation and other natural landscape
features and the proposed limits of any excavation or regrading in the
proposed subdivision, including the location of trees with a trunk diameter of
six (6) inches or more measured four and one-half (4½) feet above the ground
and an indication of which trees are proposed to be removed. Where large
groves are to remain undisturbed, single trees need not be located.
h. The designation of all areas that constitute natural hazard areas including but
not limited to snowslides, avalanche, mudslide, rockslide and the one-
hundred-year floodplain.
i. Such additional information on geological or soil stability, avalanche
potential, projected traffic generation, air pollution and similar matters as may
be required by the planning agency or other reviewing agency.
j. Such other information as may be required by the planning agency or other
reviewing agency in order to adequately describe proposed utility systems,
drainage plans, surface improvements or other construction projects
contemplated within the proposed subdivision in order to assure that the
proposed subdivision is capable of being constructed without an adverse effect
upon the surrounding area.
k. Site data tabulation listing acreage of land in the proposed subdivision,
number, type and typical size of lots, structures and/or dwelling units; number
of bedrooms per dwelling unit; ground coverage of proposed structures and
improvements including parking areas, streets, sidewalks and open space and
the amount of open space that is being provided pursuant to Paragraph
26.480.040.C.5.a.
l. In the case of a division of land into condominium interests, apartments or
other multi-family or time-share dwelling units, the location of all proposed
structures, parking areas, structures and/or areas for common use.
m. Where the proposed subdivision covers only a part of the applicant's adjacent
holdings, a sketch plan for such other lands shall be submitted and the
proposed streets, utilities, easements and other improvements of the tract
under review shall be considered with reference to the proposed development
of the adjacent holdings.
n. Letters from the public or private utility companies that will service the
proposed subdivision with gas, electricity, telephones, sanitary sewer, water
and fire protection facilities stating they can service the proposed subdivision.
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Exhibit E
Existing Subdivision Code, Page 10
4. GIS data. All subdivision applications shall submit the requirements specified in
Subsection 26.480.040.C. and Subsection 26.480.040.D in a digital format
acceptable to the Community Development Department. Base information shall
be obtained from the Community Development Department.
B. Review by City Council. Subsequent to review by the Planning and Zoning
Commission and prior to review of the development application for plat by the City
Council, the applicant shall submit the following additional application contents:
1. A final plat drawn with permanent ink on reproducible linen or Mylar. Sheet size
shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered
margin of one and one-half (1½) inches on the left hand side of the sheet and a
one-half (½) inch margin around the other three (3) sides of the sheet. It shall
include:
a. Accurate dimensions for all lines, angles and curves used to describe
boundaries, streets, setbacks, alleys, easements, structures, areas to be
reserved or dedicated for public or common use and other important features.
All curves shall be circular arcs and shall be defined by the radius, central
angle, tangent, arc and chord distances. All dimensions, both linear and
angular, are to be determined by an accurate control survey in the field which
must balance and close within a limit of one (1) in ten thousand (10,000).
b. A systematic identification of all lots and blocks and names for all streets.
c. Names of all adjoining subdivisions with dotted lines of abutting lots. If
adjoining land is unplatted, it shall be shown as such.
d. An identification of the streets, alleys, parks and other public areas or facilities
and a dedication thereof to the public use. An identification of the easements
as dedicated to public use. Areas reserved for future public acquisition shall
also be shown.
e. A written survey description of the area including the total acreage to the
nearest one-thousandth (0.001) of an acre.
f. A description of all survey monuments, both found and set, which mark the
boundaries of the subdivision and description of all monuments used in
conducting the survey. The Colorado Coordinate System may be used.
2. A statement by the land surveyor explaining how bearings, if used, were
determined.
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VIII.b
Exhibit E
Existing Subdivision Code, Page 11
3. A certificate by the registered land surveyor as to the accuracy of the survey and
plat and a statement that the survey was performed in accordance with Title 38,
Article 51, C.R.S. 1973, as amended from time to time.
4. A certificate by a Corporate Title insurer, that the person or persons dedicating to
the public the public rights-of-way, areas or facilities as shown thereon are the
owners thereof in fee simple, free and clear of all liens and encumbrances.
5. Certificates showing approval of the final plat by the City Engineer, Community
Development Director and the Planning and Zoning Commission.
6. A certificate showing approval of the plat and acceptance of dedications and
easements by the City Council, with signature by the Mayor and attestation by the
City Clerk.
7. A certificate of filing for the County Clerk and Recorder.
8. Complete engineering plans and specifications for all improvements to be
installed in the proposed subdivision, including but not limited to water and sewer
utilities, streets and related improvements, trails, bridges and storm drainage
improvements.
9. A landscape plan showing location, size and type of proposed landscape features.
10. Copies of any monument records required of the land surveyor in accordance with
Title 38, Article 53, C.R.S. 1973, as amended from time to time.
11. Any agreements with utility or ditch companies, when applicable.
12. Any subdivision agreements as required by this Chapter.
Sec. 26.480.070. Subdivision agreement.
A. General. Prior to approval of a subdivision, the applicant and City Council shall
enter into a subdivision agreement binding the subdivision to any conditions placed on
the development order.
B. Common park and recreation areas. The subdivision agreement shall outline any
agreement on the part of the applicant, to deed public lands, open space, public facilities
and other improvements to the City or other entity.
C. Landscape guarantee. In order to ensure implementation and maintenance of the
landscape plan, the City Council may require the applicant to provide a guarantee for no
less than one hundred twenty-five percent (125%) of the current estimated cost of the
landscaping improvements in the approved landscape plan, as estimated by the City
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Exhibit E
Existing Subdivision Code, Page 12
Engineer, to ensure the installation of all landscaping shown and the continued
maintenance and replacement of the landscaping for a period of two (2) years after
installation. The guarantee shall be in the form of a cash escrow with the City or a bank
or savings and loan association or an irrevocable sight draft or letter of commitment from
a financially responsible lender and shall give the City the unconditional right upon
demand to partially or fully complete or pay for any improvements or pay any
outstanding bills or to withdraw funds upon demand to partially or fully complete or pay
for any improvements or pay for any improvement or pay any outstanding bills for work
done thereon by any party.
As portions of the landscaping improvements are completed, the City Engineer shall
inspect them and upon approval and acceptance, shall authorize the release of the agreed
estimated cost for that portion of the improvements, except that ten percent (10%) shall
be withheld until all proposed improvements are completed and approved and an
additional twenty-five percent (25%), which shall be retained until the improvements
have been maintained in a satisfactory condition for two (2) years.
D. Public facilities guarantee. In order to ensure installation of necessary public
facilities planned to accommodate the subdivision, the City Council shall require the
applicant to provide a guarantee for no less than one hundred percent (100%) of the
current estimated cost of such public improvements, as estimated by the City Engineer.
The guarantee shall be in the form specified in Subsection 26.480.050.C and may be
drawn upon by the City as specified therein. As portions of the public facilities
improvements are completed, the City Engineer shall inspect them and upon approval
and acceptance, shall authorize the release of the agreed estimated cost for that portion of
the improvements, except ten percent (10%) which shall be withheld until all proposed
improvements are completed and approved.
E. Recordation. The subdivision 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 a period of one hundred eighty (180) days following approval by the City Council
shall render the plat invalid. The Community Development Director may extend the
recordation deadline if the request is within the vesting timeline and if there is a
community interest for providing such an extension. The Community Development
Director may forward the extension request to the Planning and Zoning Commission.
The subdivision plat shall also be submitted in a digital format acceptable to the
Community Development Department, for incorporation into the City/County GIS
system. The one hundred eighty (180) day recordation requirement contained herein
shall not apply to the recording of condominium maps or declarations or any other
documents required to be recorded to accomplish a condominiumization in the City.
(Ord. No. 9-2002, §10)
Sec. 26.480.080. Amendment to subdivision development order.
A. Insubstantial amendment. An insubstantial amendment to an approved plat or
between adjacent subdivision plats may be authorized by the Community Development
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VIII.b
Exhibit E
Existing Subdivision Code, Page 13
Director. An insubstantial amendment shall be limited to technical or engineering
considerations first discovered during actual development which could not reasonably be
anticipated during the approval process or any other minor change to a plat which the
Community Development Director finds has no effect on the conditions and
representations limiting the approved plat.
B. Other amendment. Any other amendment shall be approved by the City Council,
provided that the proposed change is consistent with the approved plat. If the proposed
change is not consistent with the approved plat, the amendment shall be subject to review
as a new development application for plat.
C. Plat vacation. Vacation of an approved plat or any other document recorded in
conjunction with a plat shall be considered a plat amendment and shall only be approved
by the City Council if good cause is demonstrated.
Sec. 26.480.090. Condominiumization.
A. General. Where a proposed development is to include a condominium form of
ownership or if an existing development is to be converted to a condominium form of
ownership, in whole or in part, a condominium subdivision plat reflecting all
condominiumized units or that portion of the development to be condominiumized, shall
be submitted to the Community Development Director for review and approval as a
subdivision pursuant to the terms and provisions of this Section.
B. Procedure. A development application for a condominiumization shall be reviewed
and approved, approved with conditions or denied by the Community Development
Director, pursuant to the procedures and standards in this Section and Common
Development Review Procedures set forth at Chapter 26.304. No condominiumization
shall be approved by the Community Development Director unless compliance with all
application portions of this Section, applicable portions of this Chapter and applicable
portions of this Title are demonstrated.
1. Contents of application. The contents of a development application for a
condominium or condominiumization shall include the following:
a. The general application information required in Common Development
Review Procedures set forth at Section 26.304.030.
b. A condominium subdivision plat drawn with permanent ink on reproducible
Mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches
with an unencumbered margin of one and one-half (1½) inches on the left
hand side of the sheet and a one-half (½) inch margin around the other three
(3) sides of the sheet. It shall include:
(1) Accurate dimensions for all lines, angles and curves used to describe
boundaries, streets, setbacks, alleys, easements, structures, areas to be
P349
VIII.b
Exhibit E
Existing Subdivision Code, Page 14
reserved or dedicated for public or common use and other important
features. All curves shall be circular arcs and shall be defined by the
radius, central angle, tangent, arc and chord distances. All dimensions,
both linear and angular, are to be determined by an accurate control survey
in the field which must balance and close within a limit of one (1) in ten
thousand (10,000).
(2) The plat shall be drawn at a scale of one (1) inch equals one hundred (100)
feet or larger. Architectural scales are not acceptable. If it is necessary to
place the plat on more than one (1) sheet, an index shall be included on the
first sheet. A vicinity map shall also appear on the first sheet showing the
condominium project as it relates to the rest of the City and the street
system in the area of the proposed condominium.
(3) A description of all survey monuments, both found and set, which mark
the boundaries of the subdivision and description of all monuments used
in conducting the survey. The Colorado Coordinate System may be used.
(4) A statement by the land surveyor explaining how bearings, if used, were
determined.
(5) A certificate by the registered land surveyor as to the accuracy of the
survey and plat and a statement that the survey was performed in
accordance with Title 38, Article, 51, C.R.S. 1973, as amended from time
to time.
(6) A certificate by a corporate Title insurer, that the person or person
dedicating to the public the public rights-of-way, areas or facilities as
shown thereon are the owners thereof in fee simple, free and clear of all
liens and encumbrances.
(7) Certificates showing approval of the final plat by the City Engineer and
Community Development Director.
(8) A certificate of filing for the County Clerk and Recorder.
(9) Copies of any monument records required of the land surveyor in
accordance with Title 38, Article 53, C.R.S. 1973, as amended from time
to time.
2. Recordation. The approved condominium subdivision plat shall be recorded in
the office of the County Clerk and Recorder within one hundred eighty (180) days
of its approval by the Community Development Director. Failure on the part of
the applicant to record the plat within one hundred eighty (180) days following
approval by the Community Development Director shall render the plat invalid
and a new application and approval will be required.
P350
VIII.b
Exhibit E
Existing Subdivision Code, Page 15
3. Subdivision agreement. No subdivision agreement need be prepared or entered
into between the applicant and the City pursuant to a condominium or
condominiumization approval unless the Community Development Director
determines such an agreement is necessary.
4. Minimum lease deed restriction. Minimum lease deed restrictions imposed by the
City Council as a condition of condominiumization approval prior to July 1, 1992,
shall only be modified or removed with the consent of the City Council.
(Ord. No. 55-2000, §12)
P351
VIII.b
RESOLUTION N0. 67,
SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITYAMENDMENTSTOSUBDIVISIONREGULATIONS RE
ONS OF THE AND
USED
CODE.
WHEREAS, pursuant to Section 26.310.020(A the
Department received direction from Citsubdivisionregulations; and,
Y Council to explore amendments
Development
to the City,s
WHEREAS,pursuant to Section 26.310.020(B)(1), t
Department conducted Public Outreach with the Planning
local architects and planners; and,
he Community DevelopmentmmgandZoningpment
g Commission and
the
subdivis onR
at
Sons
n the Development Director rheLandUseCode; and ecomrnended changes to the
n
WHEREAS,
City Council has reviewed the proposed code amendment policyandfindsitmeetsthecriteriaoutlinedinSection0,26.310.04
direction,
and,WHEREAS, pursuant to Section 26.310.020(B)(2), dhearingonJune24, 2013, the CiafivetozeroS-0 tY Council a during a duly noticedvote, requesting approved Resolution No. PublicLandUseCode;g code amendments to the subdivis on regulations
of 2013, byand,
in the
WHEREAS,
his Resolution does not amend the L and Use Code, but providesdirectiontostafffor
amending the Land Use Code; and
WHEREAS, the Cityfortheromotionofublichal h, safety,
that this Resolution furthers and is necessary
P p
Y, and welfare,
NOW, THEREFORE, BE ITOFASPENASFOLLOWS; SOLVED By THE CITY COUNCIL OF THE CITY
Section 1: Code Amendment Ob'ective and DirectionTheobjectiveoftheproposedcodetheLandUseCode. mendments is to update the subdivision regulations inamendment: City Council provided the followin g direction related to the code
Overhaul the subdivision regulations to reflect modeandapprovalcriteria. rn expectations for processCreatedifferentprocessesandcriteriadependinonactivity. In particular, reduce the review
g the extent of developmentdoesnotalterlotlines. Process required for development that
Resolution No 67, Series 2013
Pagel of 2
P353
VIII.b
Consolidate Engineering requirements found in the land use code and other
portions of the municipal code together in one new section of the municipal code.
Codify a process and standards for vacating or amending public rights-of-way.
Codify requirements for plats, plans, and development agreements as required by
various processes in the land use code, including standardizing the City's publicimprovementsuretyrequirements. Define the level of detail needed for each type
of document to be recorded.
Section 2
This resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
FINALLY,adopted this 24th day of June 2013.
t
Steven Skad n,Mayor
ATTEST: APPROVED AS TO FORM:
Kathryn S. Ko , City Clerk James R True, City Attorneyi
Resolution No 67, Series 2013
Page 2 of 2
P354
VIII.b
MEMORANDUM
TO: Mayor Skadron and City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer
RE: Second Reading of Ordinance #40, Series of 2013, AspenModern negotiation for
historic designation of 624 W. Francis Street, Unit B, Starri Condominiums
DATE: September 23, 2013
SUMMARY: Second Reading for this Ordinance is to be continued to October 15, 2013.
Council will hear First Reading on September 23rd.
P355
VIII.c
MEMORANDUM
TO: Mayor Skadron and Aspen City Council
FROM: Amy Guthrie, Historic Preservation Officer
RE: Notice of HPC approval of an Amendment to Conceptual Major
Development and Commercial Design Review for 602 E. Hyman
Avenue, HPC Resolution #27, Series of 2013
MEETING DATE: September 23, 2013
BACKGROUND: On September 11, 2013, the
Historic Preservation Commission (HPC) approved
an Amendment to a previously granted Conceptual
Major Development and Commercial Design Review
at 602 E. Hyman Avenue.
602 E. Hyman Avenue, at the corner of Hyman and
Hunter Streets, was recently designated a historic
landmark through the AspenModern program via
City Council Ordinance # 10, Series of 2013.
HPC granted Conceptual Commercial Design and
Conceptual Major Development approvals for a
small addition along the alley and minor exterior
changes on February 27, 2013. The applicant returned to the board for an amendment that
involves a larger garage, a second story atop the approved addition on the alley, deletion of a
proposed new deck and stairs, and changes to the rooftop. HPC unanimously approved the
Amendment.
PROCEDURE: This is not a public hearing and no staff or applicant presentation will be made at
the September 23rd Council meeting. If you have any questions about the project, please contact
the staff planner, Amy Guthrie, 429-2758 or amy.guthrie@cityofaspen.com. Pursuant to Section
26.412.040(B), notification of this HPC approval must be placed on City Council’s agenda
within 30 days, or as soon thereafter as is practical under the circumstances. City Council has
the option of exercising the Call Up provisions outlined in Section 26.412.040(B) within 15 days
of notification on the regular agenda.
City Council may vote to Call Up the project at the September 23rd or October 14th meeting. If
City Council does not exercise the Call Up provision, the HPC Resolution shall stand, and the
applicant will pursue Final HPC design review.
ATTACHMENTS:
Exhibit A: Conceptual Design
Exhibit B: Draft HPC Resolution #27, Series of 2013
P357
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602 E. Hyman Avenue – amendment to HPC Reso #5, Series of 2013
HPC Resolution #27, Series of 2013
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
AMENDING HPC RESOLUTION #5, SERIES OF 2013 FOR THE PROPERTY
LOCATED AT 602 E. HYMAN AVENUE, LOTS K AND L, BLOCK 99, CITY AND
TOWNSITE OF ASPEN, COLORADO
RESOLUTION #27, SERIES OF 2013
PARCEL ID: 2737-182-12-003
WHEREAS, the applicant, EB Building Aspen, LLC, represented by Vann Associates and Zone
4 Architects has requested an amendment to the Conceptual Major Development and Conceptual
Commercial Design Review approval granted by the adoption of HPC Resolution #5, Series of
2013 for the property located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite
of Aspen, Colorado; and
WHEREAS, Section 26.415.070 of the Municipal Code states that “no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;” and
WHEREAS, the property is a designated landmark pursuant to City Council Ordinance #10,
Series of 2013 adopted on May 13, 2013; and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project’s
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project’s
conformance with the Commercial, Lodging, and Historic District Objectives and Guidelines per
Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with
conditions or continue the application to obtain additional information necessary to make a
decision to approve or deny; and
WHEREAS, at their regular meeting on February 27, 2013, the Historic Preservation
Commission considered the application during a duly noticed public hearing, including the staff
recommendation, and public comments, and found the project to be consistent with the review
criteria, with conditions, and approved HPC Resolution #5, Series of 2013 by a vote of 4 to 1;
and
P363
IX.a
602 E. Hyman Avenue – amendment to HPC Reso #5, Series of 2013
HPC Resolution #27, Series of 2013
WHEREAS, Sara Adams, in her staff report to HPC dated September 11, 2013, performed an
analysis of the application based on the standards and recommended that HPC approve the
amendment with conditions; and
WHEREAS, at their regular meeting on September 11, 2013, the Historic Preservation
Commission considered the application during a duly noticed public hearing, including the staff
recommendation, and public comments, and found the project to be consistent with the review
criteria, with conditions, by a vote of 4 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby grants an amendment to HPC Resolution #4, Series of 2013 for the property
located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado
with the following conditions:
1. The elevations attached as Exhibit A to the Resolution are hereby conceptually approved.
The window and door changes and the landscape changes are subject to review and
approval during Major Development and Commercial Design Final Reviews.
2. The increased size of the southwestern deck is to be restudied for Final Review.
3. The following conditions of approval that are part of HPC Resolution #5, Series of 2013
are satisfied:
a. Condition #5: “For Final HPC review, restudy the new deck and stairs on the
south façade of the building.”
b. Condition #6: “For Final HPC review, restudy the proposed rooftop monitors.”
c. Condition #7: “For Final HPC review, lower the proposed hot tub to the main roof
deck.”
4. The applicant shall submit a design for screening the mechanical equipment for review
and approval during Final Major Development review.
5. The applicant shall submit more detailed information regarding the proposed planter
boxes and landscaping for review and approval during Major Development and
Commercial Design Final Reviews
6. Conditions #1 to 4 and #8 of HPC Resolution #5, Series of 2013 remain valid.
7. The Commercial Space represented on the second floor and illustrated in Exhibit A to the
Resolution is not permitted to be used as residential space without a Land Use approval
to convert the use.
APPROVED BY THE COMMISSION at its regular meeting on the 11th day of September,
2013.
_____________________
Jay Maytin, Chair
Approved as to Form:
___________________________________
Debbie Quinn, Assistant City Attorney
P364
IX.a
602 E. Hyman Avenue – amendment to HPC Reso #5, Series of 2013
HPC Resolution #27, Series of 2013
ATTEST:
___________________________
Kathy Strickland, Chief Deputy Clerk
Exhibit A: Approved amended elevations and plans.
P365
IX.a
petitions to Aspens City Cou cit.-
We the undersigned residents & visitors Durant We requests
declare there is an unacceptable noise level on Durant.
City Council take prompt ACTION to post ?_0 MPH limit
th signc- as well and
as 1VOISE ORDINANCE ENFORCED signs to alert
Police of noise disturbances that need to be level of regardless
of decibel readings. Durant Avenue can N OT sustain the
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists
quest Council
frequent this road. We who live on Durant Avenue
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name city Date
Deg ur-e v -7- 13
-7/2 0/-�
Ir
Vd�
o
petition to Aspens City Council—
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post 20 MPH limit signs as well
as NOISE ORDINANCE ENFORCED signs to alert both drivers and
Police of noise disturbances that need to be addressed---regardless
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name G Date
zc
G
5 5 V1 7 z( 3
CIMC460 7 Z/./3
petition to Aspect City Council—
We ' ho live on Durant Avenue
the undersigned residents &
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post 20 MPH limit th signs
drivers and
as �NJOISE ORDINANCE ENFOa ne d to be addeessed---regardless
Police of noise disturbances t
of decibel readings. Durant Avenue can NOT sustain level of
ve
combined noise created by RFTA buses, hotel delivery tucks,
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard u icyclists
Council
frequent this road. We who live on Durant Avene
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name
CA Date
Lr� Snf�,�nr 7
7/z Y //3
Q
V\j ,lf�
r � 6
petition to Aspens City Council—
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post 20 MPH limit signs as well
as NOISE ORDINANCE ENFORCED signs to alert both drivers and
Police of noise disturbances that need to be addressed---regardless
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name City Date
L3
r
712L JJLS
G�
v Y
& LS �j
0slef
She
petition to Aspens City Council—
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post -)0 MPH limit sign: as well
as NOISE ORDINANCE ENFORCED signs to alert both drivers and
Police of noise disturbances that need to be addressed---regardless
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name CA Date
L 7- 2I-
,�
rle
t l
-71,24 i
I �3
petitions to Aspens City Council—
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
well
City Council take prompt ACTION to post 20 Ma H limit
th signs as and
as NOISE ORDINANCE ENFORCED signs to
Police of noise disturbances that need to be addressed---regardless
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name Ci Date
c �
�1z� � 1
13
V, 15
acs /,,/ k)n 61Dr�
1 113
S7 7 �3
J
petition to Aspens city council—
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post 20 MPH limit signs as well
as NOISE ORDINANCE ENFORCED signs todalert both-regardless
di
Police of noise disturbances that need to be a
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name Cit Date
.1
1GftCk T1z3
2 3 13
� z3�
o7- 23-/
I 09M
-7 /,93//3
petition to Aspen City Council-
We Who live on Durant Avenue
We the undersigned residents & visitors
declare there is an unacceptable noise level onDurant.signs e request
well
City Council take prompt ACTION to post 20 M
as °JOISE ORDINANCE ENFORCED signs to alert betd- drivers regardless
Police of noise disturbances that nee
can NOT sustain the level of
of decibel readings. Durant Avenue
combined noise created by RFTA buses,
hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Ci Date
Name
AV lb I L
0
1. 14.4 ��' 79.5- 3
1 !3
v 1J 7 s` /3
7 u 13
- vi 13
7/z
petitions to Aspens City Council—
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post ")0 MPH limit sign= as well
as NOISE ORDINANCE ENFORCED signs to alert both drivers and
Police of noise disturbances that need to be addressed---regardless
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name Ci Date
ill + �-i8 a-ei3
LI
tj Esser CT '3
�o
petition to Aspens City Council—
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post 20 MPH limit signs as well
as NOISE ORDINANCE ENFORCED signs to alert both drivers and
Police of noise disturbances that need to be addressed---regardless
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on Durant Avenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name City Date
s P41,J #121�41 13
JA
t3
—A2
q 3
70
b q �S
�� os VeP S
7/2. 1 9�
,� MO a6 '712-qli3
1 '
petition to Aspen City Council--
We the undersigned residents & visitors who live on Durant Avenue
declare there is an unacceptable noise level on Durant. We request
City Council take prompt ACTION to post 20 MPH limit signs as well
as NOISE ORDINANCE ENFORCED signs to alert both drivers and
Police of noise disturbances that need to be addressed---regardless
of decibel readings. Durant Avenue can NOT sustain the level of
combined noise created by RFTA buses, hotel delivery trucks, dirt
bikes, construction trucks, motorcycles, and residential traffic.
Uncontrolled speeding also creates a hazard to bicyclists who
frequent this road. We who live on DurantAvenue request Council
take prompt action to post 20 MPH signs and Noise Ordinance
Enforced signs so the public is informed of Aspen's laws. We also
believe our ongoing distress day & night overrides decibel readings.
Name Ci Date
2L I
o?7 /3
r4J
U
ti
27-(
eL
OUR ONLY GOAL IS TO EXCEED YOUR EXPECTATIONS6
Thank you for giving us the opportunity to serve you! We appreciate
your business-and confidence you have placed in us. We look forward
to providing you the best possible service for years to come!
J-e�J,
�1 ,
EXECUTIVE SESSION
Date September 23, 2013 Call to order at: ?: v
I. Councilmembers present: Councilmembers not present:
Ann Mullins ❑ Ann Mullins
Steve Skadron ❑ Steve Skadron
Adam Frisch ❑ Adam Frisch
Art Daily ❑ Art Daily
Dwayne Romero ❑ Dwayne Romero
II. Motion to go into executive session by 9w�� ; seconded by (fie ,n-x-p
Other persons present:
FOR: AGAINST:
[�Ann Mullins ❑ Ann Mullins
Steve Skadron ❑ Steve Skadron
[Adam Frisch ❑Adam Frisch
EArt Daily ❑Art Daily
®Dwayne Romero ❑ Dwayne Romero
III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF:
C.R.s. 24-6-402(4) (b) litigation
(a) The purchase, acquisition, lease,transfer, or sale of any real,personal, or other property interest
(b)Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal
questions.
(c)Matters required to be kept confidential by federal or state law or rules and regulations.
(d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic
and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the
purpose of committing, or avoiding prosecution for, a violation of the law;
(e)Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations;
and instructing negotiators;
(f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if
the personnel matter involves more than one employee, all of the employees have requested an open meeting.
IV. ATTESTATION:
The undersigned attorney, representing the Council and being present at the executive session, attests that the
subject of the unrecorded portions of the session constituted confidential attorney-client c munic
The undersigned chair of the executive session attests that the disc ions'in this be iv sus ion were limited
to the topic(s)described in Section III, above.
Adjourned at: 9 ; 30
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