HomeMy WebLinkAboutagenda.council.special.20150608
CITY COUNCIL AGENDA
SPECIAL MEETING
FOR PURPOSE OF CONDUCTING EXECUTIVE SESSION AT 4:00 PM
REGULAR MEETING WILL BEGIN AT 5:00 PM
June 08, 2015
4:00 PM
I. Call to Order
II. Roll Call
III. Action Items
a) Executive Session - C.R.S.24-6-402(4)(a) purchase, acquisition, lease, transfer or
sale of any real, personal or other property interest; and (b) conference with an
attorney.
IV. Scheduled Public Appearances
a) HPC Awards
b) Proclamation - Ride to Work Day
c) Proclamation -
V. Citizens Commen ts & Petitions (Time for any citizen to address Council on issues
NOT scheduled for a public hearing. Please limit your comments to 3 minutes)
VI. Special Orders of the Day
a) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VII. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #63, Series of 2015 - Approval of the Brush Creek Park N Ride Lease
VIII. First Reading of Ordinances
IX. Public Hearings
a) Ordinance #19, Series of 2015 - Crystal Palace Subdivision Lot Merger - 300 and
312 E. Hyman
b) Ordinance #21, Series of 2015 - Gibson Matchless Subdivision
X. Adjournment
XI. Swearing In Ceremony
XII. Call to Order
XIII. Roll Call
XIV. Citizens Comments & Petitions (Time for any citizen to address Council on issues not
scheduled for a public hearing. Please limit your comments to 3 minutes)
XV. Councilmembers' and Mayor's Comments
XVI. Public Hearings
a) Resolution #62 - Community Garden Fence Variance Request
XVII. Adjournment
Next Regular Meeting June 22, 2015
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.
PROCLAMATION
City of Aspen, Colorado
Incorporated 1881
WHEREAS, Scooters and motorcycles use comparatively less fuel, cause
less pollution and have less harmful impact on our
infrastructure; and
WHEREAS, Scooters and motorcycles require only a fraction of space
taken by other vehicles to park, thereby addressing an
ongoing shortage in our City; and
WHEREAS, the price of fossil fuels continues to damage our health by
adding to pollution and risking our future through global
warming; and
WHEREAS, our infrastructure repairs fail to keep pace with its
degradation; and
WHEREAS, for these reasons, scooters and motorcycles offer a form of
daily transportation to be encouraged; and
WHEREAS, June 15, 2015 has been designated as “Ride to Work Day” to
highlight the positive daily use of scooters and motorcycles;
and
NOW THEREFORE LET IT BE RESOLVED that the Mayor, City Council, and
the citizens of Aspen hereby proclaim June 15, 2015 as
RIDE TO WORK DAY
And to encourage scooter and motorcycle riders to ride to work on
that day, and pursuant thereto, do further direct that on June 15,
2015 parking at meters and in publicly owned garages in the City of
Aspen will be free of charge to motorcycles and scooters in
recognition of their utilitarian value and to encourage the daily use
of those vehicles.
By order of the City Council this 8th day of June, 2015 .
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Linda Manning, City Clerk Steven Skadron,
Mayor
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PROCLAMATION
City of Aspen, Colorado
Incorporated 1881
Whereas, The Aspen Boys Lacrosse Team and individual 400-meter runner
Sunday Abarca won state titles in 2015; and
Whereas, These athletes have worked diligently in their respective sports to
achieve the highest level of recognition in Colorado; and
Whereas, The lacrosse team finished the season 17-2; was undefeated
against all other 4A opponents and in the championship game beat
Valor Christian 17-12; and
Whereas, Team members Harry Ferguson, Ryan Fitzgerald, John Heaphey,
Tyler Tick, Arthur Kelso, Greg Schwartz, Connor Pierce, Nicky
Cottrell, Trey Robinson, Jordan Cottrell, Evan Morris, Matt
Gregory, Gage Carr, Burke Daily, Henry Godfrey, Jonathan Wells,
Zachary Storm, Victor Dunn, James Kistner, RJ Peshek, Ethan
Burkely, Conor Burrows, Mike O’Brien, Lyon Hamill, Kyle Miller,
Liam Rigney, Robbie Francies, Ryan Hooker, Keaton Young,
Jordan Hornburg, Cooper Reid, and Zack Starensier played
mightily for the perfect season.
Whereas, Coach Mike Goerne along with assistant coaches James Gantt, Jay
Maher, Bailey Connor and Mark Pressler with volunteer coach Jeff
King worked tirelessly to lead the lacrosse team to victory; and
coach Jay Schultz and assistant coach James Aldridge led Sunday
Abarca’s training to victory in the 400 meter; and
Whereas, The City of Aspen would like to express its gratitude to the
coaches, players, high school staff including athletic director John
Bangley, families and everyone who supported these athletes
journey to state champions;
NOW, THEREFORE BE IT PROCLAIMED that the Mayor, City Council and the citizens
of Aspen hereby proclaim Monday, June 8, 2015, as:
ASPEN HIGH SCHOOL ATHLETE STATE CHAMPION DAY
In order to celebrate and honor the Aspen athletes and their contributions to their
school, the City of Aspen and the sporting community of the Western Slope.
Attest: Linda Manning, City Clerk Steven Skadron, Mayor
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H:\BRUSH CREEK PARK N RIDE\Brush Creek Lease renewal 2015\Council Memo Brush Creek Park n Ride
Lease.docx 6/1/2015
MEMORANDUM
TO: Mayor and Council
FROM: John D. Krueger, Transportation
THRU: Randy Ready, Assistant City Manager
DATE: May 25, 2015
MEETING DATE: June 8, 2015
RE: Resolution #63 Brush Creek Park-N-Ride Lease Agreement
Renewal
SUMMARY:
Attached is Resolution #63 requesting City Council approval of the renewal of the joint
Lease Agreement #100259 for the Brush Creek Park-N-Ride between the City of Aspen
and RFTA as joint Lessees and the State of Colorado acting by and through Colorado
Department of Transportation (CDOT) as the Lessor. City Council approval of
resolution #63 will authorize the City Manager to execute the lease agreement on behalf
of the City of Aspen.
PREVIOUS COUNCIL ACTION:
City Council and RFTA approved the original lease in 2005 and the renewed the lease
through resolution in May of 2010.
BACKGROUND:
The Brush Creek Park N Ride lot is owned by the State of Colorado acting through
CDOT. The lease is a joint lease between RFTA, the City of Aspen and CDOT. The
City executed the original lease on behalf of the Elected Officials Transportation
Committee (EOTC) in 2005 and renewed it in 2010. The EOTC is an advisory
committee and has no authority to execute leases. The City manages the parking on the
site for the EOTC through the Intergovernmental Agreement (IGA) of 2005 between the
EOTC members and RFTA. The IGA governs the management, maintenance, and use of
the park n ride.
DISCUSSION:
The term of the lease is five years and ends in 2020. The rent is $250.00 for the five year
lease term. Staff and legal counsel from the City of Aspen, RFTA and CDOT have
reviewed the lease as to form and content. The terms and conditions of the lease
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H:\BRUSH CREEK PARK N RIDE\Brush Creek Lease renewal 2015\Council Memo Brush Creek Park n Ride
Lease.docx 6/1/2015
agreement are essentially the same for this renewal agreement. A renewal of the lease
would allow for the continued use of the lot as a park n ride facility.
FINANCIAL IMPLICATIONS:
The City of Aspen will pay the one-time lease rental of $250.00 for the five year lease
and can be reimbursed by the EOTC.
RECOMMENDATION:
Staff recommends approval of Resolution #63 to allow the City Manager to execute the
Brush Creek Park-N-Ride joint Lease Agreement.
ALTERNATIVES:
The Mayor and Council could decide to not approve the Brush Creek Park-N-Ride joint
Lease Agreement. If the joint Lease Agreement is not approved, all parking and transit
activities will cease.
PROPOSED MOTION:
“I move to approve Resolution #63 to allow the City Manager to execute the Brush Creek
Park-N-Ride joint Lease Agreement #100259 with RFTA and CDOT.”
CITY MANAGER
COMMENTS:___________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Attachment: Resolution #63 (series 2015)
Brush Creek Park-N-Ride Lease Agreement
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RESOLUTION NO. 63
(Series of 2015)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING
A LEASE AGREEMENT #100259 FOR THE BRUSH CREEK PARK-AND-RIDE
LOT BETWEEN THE CITY OF ASPEN, COLORADO, THE ROARING FORK
TRANSPORTATION AUTHORITY (RFTA) AND THE STATE OF COLORADO
ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT), SETTING FORTH THE TERMS AND CONDITIONS
OF THE LEASE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID LEASE AGREEMENT.
WHEREAS, there has been submitted to the City Council a Lease Agreement for the Brush
Creek Park-and-Ride lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of Transportation
(CDOT), a copy of which agreement 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 the Lease Agreement for the Brush
Creek Park-and-Ride Lot between the City of Aspen, Colorado, and the Roaring Fork Transportation
Authority, and the State of Colorado acting by and through the Colorado Department of
Transportation, 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 Lease Agreement on behalf of the City of
Aspen.
Dated:
_________________________________
Steven Skadron, Mayor
I, Linda Manning, 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
its regular meeting held June 8, 2015.
Linda Manning, City Clerk
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PROPERTY MGMT. NO.:100259
PROJECT NO.: STR 0821-029, Unit 3
PROJ. CODE: 10211(original) 12269 (current)
PARCEL NO.:302-L
LOCATION: SH82, & Brush Creek Road (Brush
Creek Park N Ride Lot)
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this day of , by and
between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT,
hereinafter referred to as "Lessor", and the City of Aspen and the Roaring Fork Transportation
Authority, hereinafter referred to as "Lessee".
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred
to as "Premises" located in Lots 9 & 10 Section 21, Township 9 South, Range 85 West of the 6th
Principle Meridian in Pitkin County. The Premises, known and described as Parcel 302-L, of Project
STR 0821-029, Unit 3, includes approximately 21.440 acres of land area. The leased Premises being as
shown on the plat attached hereto, made a part hereof and marked "Exhibit A," and as shown on the plat
attached hereto, made part hereof and marked “Exhibit B.”
2. TERM The term of this Lease shall begin on May 15, 2015 and end on May 14, 2020, subject to
the cancellation and termination provisions herein.
3. RENT. Lessee shall pay $250.00 for the term hereof. Payments shall be made payable to the
Colorado Department of Transportation at:
Colo. Dept. of Transportation
C/o Accounting Receipts & Deposits
4201 East Arkansas Ave., Rm. 212
Denver, CO 80222
or at such place as Lessor from time to time designates by notice as provided herein.
4. USE. It is understood and agreed that the Lessee intends to use the Premises only for a Park
and Ride Facility and associated landscaping in accordance with that Intergovernmental Agreement
Brush Creek Park-N-Ride Management, Maintenance and Use Plan dated May 23, 2005, by and among
the City of Aspen, the Town of Snowmass Village, the Board of County Commissioners of the County of
Pitkin and the Roaring Fork Transportation Authority, the provisions of which Intergovernmental
Agreement are incorporated herein by this reference with regard to the duties and obligations of the City
of Aspen and the Roaring Fork Transportation Authority. The Premises may not be used for any other
purpose without the specific written prior permission of the Lessor. Any other use of the Pr emises shall
constitute material breach of this Lease and may cause this Lease to terminate immediately at the
Lessor’s option.
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5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments,
insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements,
and all other direct costs, charges and expenses of any kind whatsoever respecting the Pre mises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. To the extent permitted by law the Lessee shall save, indemnify and hold
harmless the Lessor and FHWA for any liability for damage or loss to persons or property resulting from
Lessee's occupancy or use of the
Premises.
7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of
this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra -
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this Agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease, Lessor has the right to cancel the Lease without liability by giving the Lessee
90-day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on
the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 90-day
written notice of their intent to do so.
11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the partie s
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only, and shall be disregarded in any construction of the Lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
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13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the
State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE: LESSEE:
Colo. Dept. of Transportation John D. Krueger Dan Blankenship
Property Management Manager Director of Transportation CEO - RFTA
15285 S. Golden Rd., Bldg. 47 City of Aspen Roaring Fork
Golden, Colorado 80401 130 S. Galena St. Transportation Authority
Aspen, CO 81611 2307 Wulfsohn Road,
Glenwood Springs,
CO 81601
Tel: (303) 512-5505 (970) 920-5042 (970) 384-4981
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten (10) days of such change.
16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the
expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a
month-to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The
rent to be paid by Lessee during such continued occupanc y shall be the same being paid by Lessee as of
the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other
party at least thirty (30) days written notice prior to termination of this holdover tenancy.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages,
claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the
presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over,
under, from or affecting the property subject to this Lease, which contaminants or hazardous materials
the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or
released on the property. The Lessee shall also be responsible for all damages, claims and liability to the
soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or
property damage related to such contaminants or hazardous materials.
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19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by the Lessee without the
express written prior permission of the Lessor. Any such structure or improvement erected or moved
upon the Premises without the express written consent of the Lessor may be immediately removed by the
Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind
remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee
and may be immediately removed by Lessor at the Lessee’s expense.
20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of th e
partners, heirs, executors, administrators, and successors of the respective parties hereto.
21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due; (2) Lessee shall fail to o bserve, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other
rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter,
re-enter the Premises and remove there from all persons and property and again repossess and enjoy
the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's
default or of such termination.
(c) The amount of damages which Lessor may recover in event of such termination s hall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in
this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default
including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages
to the property beyond its present condition.
(d) Upon the Lessee's failure to rem ove its personal property from the Premises after the
expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon
Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lesse e waives
all claims for damages that may be caused by Lessor's removal of property as herein provided.
22. INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lea se,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
Lessee on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its
inventory, equipment and all other personal property located on the Premises against loss resulting from
fire, theft or other casualty.
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(b) Workers’ Compensation Insurance as required by State statute, and Employer’s Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4.
(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent, covering Premises operations, fire damage, blanket contractual liability, personal injury,
and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence;
2. $2,000,000 general aggregate;
3. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the Lessee,
or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of
$1,000,000 Each Claim and $1,000,000 Aggregate. CDOT shall be named as an Additional Insured to
the Pollution Legal Liability Policy. The Policy shall be written on a Claims Made form with an extended
reporting period of at least two years following the expiration date of the Lease or with the continuation of
policy coverage for at least two years following the expiration date of the Lease .
(e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include CDOT as an Additional Insured.
(f) CDOT shall be named as Additional Insured on the Commercial General Liability
Insurance policy. Coverage required by the Lease will be primary over any insurance or self -insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non-renewal without at
least 30 days prior notice to CDOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions,
organizations, officers, agents, employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to CDOT.
(j) In order for this Lease to be executed, the Lessee, or as applicable, the Lessee’s
Contractor, shall provide certificates showing insurance coverage required by this Lease to CDOT prior to
the execution of this Lease. No later than 30 days prior to the expiration date of any such coverage, the
Lessee or Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing
renewals thereof. At any time during the term of this Lease CDOT may request in writing, and the Lessee
or Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of
compliance with the provisions of this section. Insurance coverage mu st be in effect or this Lease is in
default.
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(k) Notwithstanding subsection (a.) of this section, if the Lessee is a “public entity” within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the
Lessee shall at all times during the term of this Lease maintain only such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by
CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are
not required to name CDOT as an Additional Insured.
(l) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on
Contractor’s Commercial General Liability and Umbrella or Excess Liability policies.
.
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year
first above written.
LESSEE:
Roaring Fork Transportation Authority
(If Corporation) By:__________________________________
Attest (Seal) Dan Blankenship,
Chief Executive Officer
By ______________________________________
Secretary Federal Tax Identification Number
STATE OF COLORADO )
) ss
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of , ,
by .
Witness my hand and official seal.
My commission expires .
_____________________________________
Notary Public
Address: ___________________________________
_________________________________
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LESSEE:
City of Aspen
(If Corporation) By:__________________________________
Attest (Seal) (Name)
City Manager
By ______________________________________
Secretary Federal Tax Identification Number
STATE OF COLORADO )
) ss
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of , ,
by .
Witness my hand and official seal.
My commission expires .
_____________________________________
Notary Public
Address: ___________________________________
_________________________________
LESSOR:
ATTEST: COLORADO DEPARTMENT OF
TRANSPORTATION
_____________________________________
David Fox Joshua Laipply, P.E.
Chief Clerk – Property Management Chief Engineer
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Crystal Palace Subdivision
Staff Memo
6/8/15
Page 1 of 7
MEMORANDUM
TO: Mayor Skadron and the Aspen City Council
FROM: Rebecca Levy, Planner
THRU: Chris Bendon, Community Development Director
RE: Second Reading of Ordinance 19
Crystal Palace Subdivision Lot Merger – 300 and 312 E. Hyman
MEETING DATE: June 8, 2015
APPLICANT : 312 E. HYMAN , LLC
REPRESENTATIVE : Mitch Haas, Haas
Land Planning, LLC
LOCATION : 300 and 312 E. Hyman,
AKA the “Crystal Palace.”
LEGAL DESCRIPTION : Lots K and L of
Block 81, and Lot M of Block 81, City
and Townsite of Aspen.
PARCEL ID : 2737-073-38-005
2737-073-38-006
CURRENT ZONING : Commercial Core
(CC) within the Historic District. A
historic landmark designation is placed
on 300 E. Hyman.
SUMMARY : The applicant requests to
merge two parcels (a 6,000 sf lot and a
3,000 sf lot) to create one 9,000 sf lot.
PLANNING AND ZONING RECOMMENDATION :
The Planning and Zoning Commission voted
unanimously to pass Resolution #7 of Series 2015
recommending Council approve the Crystal Palace
Subdivision.
STAFF RECOMMENDATION : Staff recommends
approval of the request to merge Lots K and L of
Block 81, and Lot M of Block 81, City and Townsite
of Aspen.
Figure 1: Current image of commercial buildings
located at 300 and 312 E Hyman.
SUMMARY :
This duly noticed public hearing is for the consideration of a lot merger combining Lots K, L and
M of Block 81, commonly known as 300 and 312 E. Hyman Avenue. The Applicant, 312 E.
Hyman LLC, is requesting to combine a 6,000 square foot historic landmarked parcel with a
3,000 square foot lot that has no historical significance. Because the application meets all of the
City of Aspen’s Major Subdivision standards, staff is recommending approval of Ordinance 19
of Series 2015.
P14
IX.a
Crystal Palace Subdivision
Staff Memo
6/8/15
Page 2 of 7
BACKGROUND :
Lot mergers are reviewed under the Land Use Code’s Major Subdivision standards outlined in
26.480.070, as well as the Subdivision Procedures for Review outlined in 26.480.030, and the
General Subdivision Review Standards outlined in 26.480.040. On April 21 st , 2015, the City of
Aspen Planning and Zoning Commission held a public hearing and unanimously voted to pass
Planning and Zoning Resolution 7 of Series 2015 recommending approval of the Crystal Palace
Subdivision.
Final approval is contingent upon the second reading of the ordinance at a duly noticed public
hearing. The required public notices were mailed, posted and published by the Applicant in
accordance with the City’s public hearing notice requirements, and affidavits certifying their
proper notice were submitted to the Community Development Department.
While it is not uncommon for the City to review several development application for the same
project concurrently, it is not a requirement. If a subdivision application is determined complete
by the Community Development Director, it may be reviewed individually. At this time, no
application for development, demolition or change of use on this site has been submitted. Thus,
this public hearing is only for the consideration of the proposed subdivision.
Because this Application for a lot merger is being considered in a quasi-judicial public hearing,
only evidence and testimony given during this public hearing which is relevant to the applicable
subdivision approval criteria should be considered when determining whether or not this Major
Subdivision proposal meets the Major Subdivision approval criteria of the Code. Technically,
any information regarding future development is inconsequential to the review of this
application.
During the first reading, Council directed staff to include a description of the surrounding area’s
mass and scale, and an analysis of the benefits and limitations that would be granted due to the
extension of 300 E. Hyman’s historic landmark designation over the entire resulting parcel. The
following sections contain additional background regarding the proposal, analysis of potential
changes resulting from landmark status, and the character of the surrounding neighborhood. The
memo concludes with a discussion of how the subdivision proposal meets the subdivision
standards. A detailed description of how the proposal measures against each applicable criteria
can be found in the attached exhibits.
BACKGROUND :
The Applicant, 312 E. Hyman, LLC, owns two adjacent parcels on the northeast corner of E.
Hyman Avenue and S. Monarch Street, in the Commercial Core Historic District (CC). If
approved, the proposal would consolidate the 6,000 square foot lot. Because the City’s
landmarks are designated by parcel, the entire lot would have landmark status. The City of
Aspen’s Historic Preservation Design Guidelines are already applicable to both parcels as they
are both located within the Commercial Core Historic District.
P15
IX.a
Crystal Palace Subdivision
Staff Memo
6/8/15
Page 3 of 7
The building known as the Crystal Palace is at 300 E. Hyman, and was erected in 1891 according
to the Colorado Historical Society’s (1998) architectural survey. Several renovations have
occurred since then, including two additions on the east side of the original structure. According
to the Pitkin County Assessor’s website, the building on Lot M was first constructed in 1970.
There are a number of historic landmarks located in the CC Zone District. Landmarked
properties are eligible for several incentives in order to encourage preservation efforts and
Left: The original two-story structure has had a number of remodels and additions, including the attached
garage, shown in this historic photograph (http://aspenvictorian.com/places/300-e-hyman/).
Right: This photograph shows how the upper story of the garage was remodeled to mimic the original building,
and the ground floors of the addition continued the theme from a remodel of the original building.
Figures 2 & 3: 300 E. Hyman Avenue
Map 1: Lots with Historic Landmark Designation in the downtown
P16
IX.a
Crystal Palace Subdivision
Staff Memo
6/8/15
Page 4 of 7
prevent futher loss of Aspen’s important historic and cultural features. City incentives most
relevant to this proposal include eligibilty for waivers from the parking fee-in-lieu requirement,
as well as Transportation Demand Management and Park Development Impact fee exemptions.
These incentives are already applicable to the building at 300 E. Hyman, and if this application is
approved, any future development on 312 E. Hyman would have to comply with 26.610.030
Impact Fees: Exemptions:
26.610.030. Impact Fees: Exemptions.
This Chapter does not apply to:
A. Development involving a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures. This exemption is solely for an historic structure and its
accessory structures. Development on an historic landmark property involving a non-
historic or new building shall not be exempt.
B. Alteration, expansion or replacement of a structure which does not create
additional floor area or net leasable commercial space.
Minor enlargement of historic landmarks may also be applicable for breaks on employee housing
mitigation if the development meets the criteria in Sections 26.470.060.4. and 26.470.070:
26.470.060.4 Growth Management Quota System: Minor enlargement of an historic
landmark for commercial, lodge or mixed-use development . The enlargement of a
property, structure or portion of a structure designated as an historic landmark for
commercial, lodge or mixed-use development shall be approved, approved with conditions
or denied by the Community Development Director based on the following criteria. The
additional development of uses identified in Section 26.470.020 shall be deducted from the
development ceiling levels established pursuant to Section 26.470.030 but shall not be
deducted from the respective annual development allotments.
a. If the development increases either floor area or net leasable space/lodge units, but
not both, then no employee mitigation shall be required.
b. If the development increases both floor area and net leasable space/lodge units, up to
four (4) employees generated by the additional commercial/lodge shall not require
the provision of affordable housing. An expansion generating more than four (4)
employees shall not qualify for this administrative approval and shall be reviewed
pursuant to Paragraph 26.470.070.1.
c. No more than one (1) free-market residence is created. This shall be cumulative and
shall include administrative GMQS approvals granted prior to the adoption of
Ordinance No. 14, Series of 2007.
26.470.070 Growth Management Quota System: Planning and Zoning
Commission applications.
P17
IX.a
Crystal Palace Subdivision
Staff Memo
6/8/15
Page 5 of 7
The following types of development shall be approved, approved with conditions or
denied by the Planning and Zoning Commission, pursuant to Section 26.470.110,
Procedures for review, and the criteria for each type of development described below.
Except as noted, all growth management applications shall comply with the general
requirements of Section 26.470.050. Except as noted, the following types of growth
management approvals shall be deducted from the respective development ceiling levels
but shall not be deducted from the annual development allotments. Approvals apply
cumulatively. Growth Management approvals for Subsections 26.470.080(6-10) shall be
deducted from the respective annual development allotments.
1. Enlargement of an historic landmark for commercial, lodge or mixed-use
development. The enlargement of an historic landmark building for commercial, lodge
or mixed-use development shall be approved, approved with conditions or denied by the
Planning and Zoning Commission based on the following criteria:
a. Up to four (4) employees generated by the additional commercial/lodge
development shall not require the provision of affordable housing. Thirty percent (30%)
of the employee generation above four (4) and up to eight (8) employees shall be
mitigated through the provision of affordable housing or cash in lieu thereof. Sixty
percent (60%) of the employee generation above eight (8) employees shall be mitigated
through the provision of affordable housing or cash in lieu thereof.
For example: A project generating 15 employees shall require employee mitigation for a
total of 5.4 employees, as follows:
First 4 employees = 0 employee mitigation
Second 4 employees mitigated at 30% = 1.2 employees
Remaining 7 employees mitigated at 60% = 4.2 employees
Affordable housing shall be approved pursuant to Subsection 4, Affordable housing, of
this Section and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County
Housing Authority Guidelines, as amended. An applicant may choose to provide
mitigation units at a lower category designation.
b. Up to one (1) free-market residence may be created pursuant to Paragraph
26.470.060.4, Minor enlargement of an historic landmark for commercial, lodge or
mixed-use development. This shall be cumulative and shall include administrative
GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007.
Additional free-market units (beyond one [1]) shall be reviewed pursuant to Paragraph
26.470.080.2, New free-market residential units within a multi-family or mixed-use
project.
While there are incentives for preservation, historic landmark properties are also subject to
heightened review. Currently, development within the CC Zone District is required to conform
to the City of Aspen Historic Preservation Guidelines. Development of properties within a
historic district must receive either a certificate of no negative effect, or a certificate of
P18
IX.a
Crystal Palace Subdivision
Staff Memo
6/8/15
Page 6 of 7
appropriateness for minor or major development, in accordance with 26.415.070 Development
involving designated historic property or historic property within a historic district.
The historic design guidelines are concerned with exterior features and streetscapes on historic
landmarks or within historic districts. Elements that emphasize pedestrian scale are desired.
Taller and wider buildings are encouraged to break up their mass with modules that create the
appearance of traditional building widths and heights at sidewalk level. Additionally, the Design
Standards encourage corner lots to be focal points.
STAFF RECOMMENDATION :
Map 2: Mass and Scale of Surrounding Neighborhood and CC Zone District
Lots 9,000 sf and over in CC district
Lots 9,000 sf and over in MU district
and within 1 block from Crystal
Palace
Boundary of blocks immediately
surrounding Crystal Palace
CC Zone District Boundary
300 and 312 E. Hyman
Map 2: Parcels 9,000 Square Feet and Over in Surrounding Blocks and CC Zone District
Figure 4 : 300 Block of E. Hyman (north side) Streetscape.
Left to right: Building numbers 300 and 312, 314, Wheeler Opera House Park, and 320.
P19
IX.a
Crystal Palace Subdivision
Staff Memo
6/8/15
Page 7 of 7
Staff finds that the Crystal Palace Subdivision application meets all of the criteria pertaining to
lot mergers in the City of Aspen Land Use Code Chapter 26.480 Subdivision. The proposed Plat
meets the General Subdivision Review Standards in Section 26.480.040, including guaranteed
access to a public way, alignment with the original townsite plat, conformance with the CC Zone
District standards, and no increase in non-conformity of existing structures, uses or parcels. Staff
also finds the proposed Plat meets the review standards outlined in 26.480.070 Major
Subdivisions, including enabling an efficient pattern of development in order to optimize land
use, and the preservation of important features and structures. No known natural or manmade
hazards pose a risk to the site, nor does the lot merger require stormwater mitigation or the
development of other public improvements not already present. Because there is no proposed
development at this time, the proposed lot merger is exempt from the Growth Management
Quota System, School Land Dedication requirements, and the Vehicular Rights-of-Way
requirements. Further discussion of staff’s findings may be found in Exhibits A and B, which
are hereby attached to this staff memo.
CITY MANAGER COMMENTS:
PROPOSED MOTION: “I move to adopt the first reading of Ordinance #19, Series of 2015,
approving the Crystal Palace Subdivision.
Attachments:
Exhibit A – Draft Plat
Exhibit B – General Subdivision Review Criteria
Exhibit C – Major Subdivision Approval Criteria
Exhibit D - Application
P20
IX.a
1
ORDINANCE N0. 19
(SERIES OF 2015)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
CRYSTAL PALACE SUBDIVISION, COMMONLY KNOWN AS 300 AND 312 EAST
HYMAN AVENUE, LEGALLY DESCRIBED AS LOTS K AND L, AND LOT M OF
BLOCK 81, CITY AND TOWNSITE OF ASPEN, COLORADO
PARCEL NOS. 2737-073-38-005 and 2737-073-38-006
.
WHEREAS, the Community Development Department received an application from 300
E. Hyman, LLC represented by Hass Land Planning, LLC. requesting the City Council approve
the Subdivision to merge the two lots into one lot, and to designate the entire resulting parcel as
an historic landmark; and
WHEREAS, the property located at 300 E. Hyman is designated a Historic Landmark;
and
WHEREAS, during a duly noticed public hearing on April 21, 2015, the
Planning and Zoning Commission opened the hearing, took public testimony, considered
pertinent recommendations from the Community Development Director, and referral agencies of
the City of Aspen and adopted Resolution No. 8, Series of 2015, recommending City Council
approve the Lot Merger, which would allow the merger of a 6,000 square foot lot at 300 E.
Hyman and a 3,000 square foot lot at 312 E. Hyman, to create one 9,000 square foot lot; and
WHEREAS, the Aspen City Council finds that the lot merger proposal meets or exceeds all
the applicable development standards; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves the Lot Merger request to merge the 6,000 sq. ft. property known as
300 E. Hyman Street with the 3,000 sq. ft. lot known as 312 E. Hyman Street, as proposed.
Section 2: Plat
The Applicant shall record a subdivision plat that meets the requirements of Land Use Code Section
26.480, Subdivision , within 180 days of final approval.
P21
IX.a
2
Section 3: Water/Utilities
Upon future development, utility design shall be incorporated into plans that will address the service
and meter(s) for the merged lot. Electric utility impacts should be similarly addressed by any future
developer including, but not limited to, transformer capacity analysis and transformer locations.
New transformers must be maintained on-site, but outside of the public right-of-way; and
Section 4: Historic Designation:
The historic landmark designation shall apply to the entire 9,000 square foot parcel.
Section 5:
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 construed and concluded under such prior ordinances.
Section 6:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by an authorized entity.
Section 7:
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 8:
A public hearing on the ordinance was held on the 1st and 8 th days of June, 2015, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) 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.
Section 9:
This ordinance shall become effective thirty (30) days following final adoption.
P22
IX.a
3
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 4th day of May, 2015.
Attest:
_________________________ ____________________________________
Linda Manning, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this 8th day of June, 2015.
Attest:
_______________________________ _____________________________
Linda Manning, City Clerk Steven Skadron, Mayor
Approved as to form:
__________________________
James R. True, City Attorney
Attachment:
Exhibit A – Draft Subdivision Plan
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Exhibit B – General Subdivision Review Standards
26.480.040. General subdivision review standards.
A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual
unobstructed legal vehicular access to a public way. A proposed subdivision shall not
eliminate or obstruct legal vehicular access from a public way to an adjacent property. All
streets in a Subdivision retained under private ownership shall be dedicated to public use
to ensure adequate public and emergency access. Security/privacy gates across access
points and driveways are prohibited.
Staff Findings: Neither the creation of new rights of way, nor an alteration in street pattern are
proposed in this subdivision application. The property currently has, and will continue to have,
street and alley access. Staff finds this criteria met.
B. 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.
Staff Findings: The site under review is located on a corner of a block that was platted as part of
the City’s original townsite. Lot K and L are located on the corner of E. Hyman and S.
Monarch. While many of the lots of the original townsite are 3,000 square feet, it was not
uncommon to have larger lots on corners, particularly within the Commercial Core, such as the
Brand Building and the Elks Building. This subdivision will still maintain the appearance of
three separate storefronts. No demolition or development is included in the review of this
application. An application for redevelopment is required to meet the Commercial Core Historic
District Design Guidelines which has specific requirements for modulating larger lots, and is
reviewed by the Historic Preservation Commission for compliance. Staff finds this criteria met.
C. 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.
Staff Findings: The existing structures and lots conform to the requirements of the Commercial
Core Zone District, which allows for a mix of commercial uses including retail, lodging, short
term rentals. There are no minimum or maximum lot sizes within the current zone designation.
Staff finds this criteria met.
D. 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.
Staff Findings: The lots, buildings and uses on both lots are in conformance with regulations in
the City of Aspen Land Development Code. Staff finds this criteria met.
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IX.a
E. 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.
Staff Findings: This application does not propose to demolish or discontinue any existing use.
Staff finds this criteria met.
F. 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.
Staff Findings: The existing structures and uses are in compliance, and would continue to be in
compliance if the application is approved. Staff finds this criteria met.
P26
IX.a
Exhibit C – Major Subdivision Approval Criteria
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 proposed subdivision complies with the requirements of Section 26.480.040 –
General Subdivision Review Standards.
Staff Findings: The proposed subdivision complies with the requirements of Section
26.480.040, as discussed in Exhibit A. Staff finds this criterion met.
2. The proposed subdivision enables an efficient pattern of development that optimizes
the use of the limited amount of land available for development.
Staff Findings: The proposed subdivision would not require the extension of utilities, and
does not require additional public infrastructure. Staff finds this criteria met.
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 contribute to the identity of the town.
Staff Findings: The Applicant is requesting to expand the historic landmark to include
Lot M. Both lots are already located in the Historic District which requires Historic
Preservation Commission review over any exterior changes. Expanding the designation
boundary provides a straightforward application of the historic benefits and is consistent
with the Historic Preservation Program policy to designate properties and not specific
buildings. There are no geologic or vegetal features of importance on either lot. The
historic, cultural and visual significance of 300 E. Hyman would not be impacted by a lot
merger. Staff finds this criteria met.
4. The proposed subdivision prohibits development on land unsuitable for
development because of natural or man-made hazards affecting the property,
including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil
creep, rock falls, rock slides, mining activity including mine waste deposit,
avalanche or snowslide areas, slopes in excess of 30%, and any other natural or
man-made hazard or condition that could harm the health, safety, or welfare of the
community. Affected areas may be accepted as suitable for development if adequate
mitigation techniques acceptable to the City Engineer are proposed in compliance
with Title 29 – Engineering Design Standards. Conceptual plans for mitigation
P27
IX.a
techniques may be accepted with specific design details and timing of
implementation addressed through a Development Agreement pursuant to Chapter
26.490 – Approval Documents.
Staff Findings: The site under review is not subject to any known natural, man-made or
geologic hazards.
5. There has been accurate identification of engineering design and mitigation
techniques necessary for development of the proposed subdivision to comply with
the applicable requirements of Municipal Code Title 29 – Engineering Design
Standards and the City of Aspen Urban Runoff Management Plan (URMP). The
City Engineer may require specific designs, mitigation techniques, and
implementation timelines be defined and documented within a Development
Agreement.
Staff Findings: The Applicant has stated that they will comply with all applicable
requirements of the Engineering Design Standards as a condition of approval. All
recorded plats require the Engineering Department to certify that the plat meets the
standards of Title 29. No engineering or design is required for this lot merger.
6. The proposed subdivision shall upgrade public infrastructure and facilities
necessary to serve the subdivision. Improvements shall be at the sole cost of the
developer.
Staff Findings: No upgrades or public infrastructure are necessary for this application.
The Applicant is aware that any public improvements will be at the expense of the
developer.
7. The proposed subdivision is exempt from or has been granted all growth
management approvals pursuant to Chapter 26.470 – Growth Management Quota
System, including compliance with all affordable housing requirements for new and
replacement development as applicable.
Staff Findings: No development or change of use are being proposed as part of this
subdivision application.
8. 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.
Staff Findings: No residential uses are being proposed as part of this subdivision
application.
9. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County
Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents.
Staff Findings: If approved, a final subdivision plat, meeting all of the City of Aspen’s
Code requirements will be recorded with the Pitkin County Clerk and Recorder.
10. A Development Agreement shall be reviewed and recorded in the office of the Pitkin
County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents.
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Staff Findings: No new or updated public infrastructure is required for this subdivision
application, and thus, no development agreement is necessary.
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:
No rights-of-way are necessary or required for this proposed lot merger. If approved, the
subdivision would create one parcel. Therefore this section does not apply.
P29
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TO: Mayor and Aspen City Council
FROM: Rebecca Levy, Planner
THRU: Chris Bendon
RE: Gibson Matchless
Second Reading of Ordinance
MEETING DATE: June 8, 201
APPLICANT : Gibson Matchless LLC
REPRESENTATIVE : Mitch Haas
Land Planning, LLC
LOCATION : 980 and 990 Gibson
Avenue , also known as Lot 1, Alpine
Acres Subdivision.
LEGAL DESCRIPTION : Alpine Acres
Condominium Units #1 and #2 and
Inclusive of a Portion of Silver King
Drive (Rec. No. 550853)
PARCEL ID : 2737-074-10-001
CURRENT ZONING : R-6, Medium
Density Residential
SUMMARY : The Applicant requests to
subdivide an 18,600 sf parcel with two
condominium units , and a portion of
Silver King Drive, into two lots with
7,808 square feet of net lot area each,
so that each unit has equal allowable
floor area.
SUMMARY : The Applicant is requesting to subdivide three fathering parcels
square feet) to create two resulting lots
Currently, one parcel (Alpine Acres Condominium Units 1 and 2)
Gibson Matchless Subdivision
MEMORANDUM
Mayor and Aspen City Council
Rebecca Levy, Planner
Chris Bendon , Community Development Director
Gibson Matchless Subdivision
Reading of Ordinance #21, Series of 2015
201 5
Gibson Matchless LLC
Mitch Haas , Haas
Gibson
, also known as Lot 1, Alpine
Alpine Acres
Condominium Units #1 and #2 and
Inclusive of a Portion of Silver King
, Medium
requests to
parcel with two
, and a portion of
into two lots with
square feet of net lot area each,
allowable
STAFF RECOMMENDATION : Staff recommends
DENIAL of the request to subdivide Lot 1
Aspen Acres Subdivision, and a portion of Silver
King Drive.
Applicant is requesting to subdivide three fathering parcels
to create two resulting lots that each have 7,808 square feet of
Currently, one parcel (Alpine Acres Condominium Units 1 and 2) houses two residential units
Gibson Matchless Subdivision
Staff Memo
6/8/2015
Page 1 of 7
recommends
subdivide Lot 1 of the
Subdivision, and a portion of Silver
Applicant is requesting to subdivide three fathering parcels (30,786 gross
7,808 square feet of net lot area.
houses two residential units
P61
IX.b
Gibson Matchless Subdivision
Staff Memo
6/8/2015
Page 2 of 7
that were condominiumized in 1977. The other two parcels were once part of Silver King Drive,
prior to being acquired by the condominium association through adverse possession in 2008.
The Applicant is seeking to subdivide the fathering parcels so that the resulting lots have an
equal amount of net lot area with equal development rights to satisfy the other member of the
condominium association. The Applicant’s solution for achieving equal development rights is to
create one 17-sided lot (Lot 1) and one 10-sided lot (Lot 2). The proposal’s polygonal lot
configurations do not meet the Code’s General Subdivision Review Standards criteria for
creating new lots that approximate the size and shape of the rectangular lots in the Original
Aspen Townsite or subsequent additions (26.480.040.B). Thus, staff is recommending that the
Council deny this application.
BACKGROUND :
The proposed subdivision is situated in the northeastern portion of the City, near the historic
Smuggler mine works, and is zoned R-6, Medium Density Residential. The existing site
currently has a condominiumized duplex that is made up of two remodeled historic structures,
joined by a garage. The condominiums are located on a single 18,635 square foot lot, and are
accessed from Gibson Avenue.
980 and 990 Gibson Avenue
Map 1: Site Location
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IX.b
Gibson Matchless Subdivision
Staff Memo
6/8/2015
Page 3 of 7
will
In 2008 the condominium association took adverse possession of an additional 12,151 square
Northerly Parcel of Silver King Drive
Southerly Parcel of Silver King
Drive
Condo Unit 1
Condo Unit 2
Map 2: Fathering Parcels of the Gibson Matchless Subdivision Proposal.
Existing maximum allowed floor area plus potential historic
preservation bonus = 4,389 square feet
The maximum allowable floor area for the proposed subdivision
plus potential historic preservation bonus = 8,778 square feet
Garage
Condo
Unit 1
Condo
Unit 2
Map 3: Gibson Matchless Subdivision.
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IX.b
Gibson Matchless Subdivision
Staff Memo
6/8/2015
Page 4 of 7
feet that made up the northern and southern portions of Silver King Drive. The vacated right of
way never had development rights tied to them, and therefore does not count towards the
proposed subdivision’s net lot area. Additional undevelopable features exist on the site that
exclude area from being calculated in the subdivision’s net area, including several berms with
slopes over 20%, and a road and utility easement for Gibson Avenue that cannot be built upon.
The entire fathering site is 30,786 square feet of gross lot area. Gross lot area includes the entire
area within a parcel’s boundaries. In order to determine a lot’s maximum allowable floor area,
the portions of lots that have undevelopable areas - such as slopes above 30%, or easements that
must remain undeveloped - are subtracted from the gross lot area. After deducting the
undevelopable areas, the remaining lot area is referred to as the net lot area. This net lot area is
used to calculate a parcel’s maximum allowable floor area that determines its development
potential. The fathering parcels total net lot area is 15,616 square feet.
Because most of the site’s area countable towards net lot area lies to the east of the Unit 2
condominium, the Applicant is requesting to configure the lots so that each lot has the same
amount of potential floor area. Hence, the Applicant is proposing to connect the two land masses
on either end of the fathering parcel by a 50 foot “flagpole” approximately two feet wide that
would be part of Lot 1. To maintain an appearance of two traditional lot shapes, the Applicant is
amenable to placing legally binding restrictions on both lots that would prohibit any
development on the flag and flagpole area of Lot 1, and limit areas where fencing shall be
allowed so that both lots.
Map 4: Proposed Flagpole Area of Lot 1
P64
IX.b
Gibson Matchless Subdivision
Staff Memo
6/8/2015
Page 5 of 7
Currently, 980 and 990 Gibson are zoned R-6. The zone district standards determine the
permitted uses, and set the dimensional requirements for lots and developments. In addition to
the Land Use Code’s zone district standards, a 1987 Subdivision Agreement capped the
maximum floor area per dwelling unit at 2,486 square feet for lots in the Alpine Acres
Subdivision. This floor area cap runs with the land, and therefore applies to the subdivision
proposal.
The base allowance in the R-6 Zone District for duplex floor area on lots 15,000 square feet and
over is 4,440 square feet of floor area. Lots between 15,000 and 50,000 square feet are allowed
another 5 feet per each additional 100 square feet in net lot area. The net lot area of the fathering
parcels is 15,616. Thus, the maximum floor area allowed prior to subdivision for a duplex or
two single family dwellings is 4,470.8 square feet.
The proposed Lot 1 is configured to have 16,444 square feet, of which 8,636 square feet do not
count towards floor area, leaving 7,808 square feet in net lot area. The proposed Lot 2 is
configured to have 14,342 square feet, of which 6,534 square feet do not count towards floor
area, leaving 7,808 square feet in net lot area. The base allowance for duplex floor area on lots
between 6,000 and 9,000 square feet is 3,600 square feet of floor area. Lots between 6,000 and
9,000 square feet are allowed another 16 square feet of floor area for each additional 100 square
feet of net lot area. Thus the maximum floor area allowed for each proposed lot would be 3,889
square feet.
The total maximum floor area for the resulting subdivision is 7,778 square feet. Because each lot
would have a historically designated structure, both lots would also be eligible for a floor area
bonus of 500 square feet, thereby increasing the potential maximum floor area by 1,000 square
feet, to 8,778 square feet.
STAFF ANALYSIS :
The unusual number of lot lines, the narrow 50 foot stretch, and the incorporation of a seemingly
incongruous area into Lot 1 that is on the opposite side of the proposed Lot 2 do not meet the
26.480.040.B Alignment with Original Townsite Plat criteria of the Code, nor 26.480.060.A.
which requires a proposal to meet all of the criteria in 26.480.040.
City of Aspen Land Use Code 26.480.040.B
“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.”
The City’s original plat is composed of rectangular blocks
that are nine lots (270 feet) wide, by two lots (220 feet)
deep, laid out in two rows that are separated by a 20 foot
alley. The proposal’s lot configuration does not come
Map 5: Block 22 represents the
traditional block and lot layout of the
Original Aspen Townsite.
P65
IX.b
Gibson Matchless Subdivision
Staff Memo
6/8/2015
Page 6 of 7
close to approximating the original townsite’s rectangular lots and blocks. This proposed plat
would give Lot 1 over four times the number of sides than a lot on City’s original plat.
The Applicant is proposing to create these complex shapes in order to create equal development
rights between the resulting lots, but there are no significant physical features, such as flood
planes or other natural hazards, which would justify the need to create unconventional lot shapes.
There are several oddly shaped parcels that exist around the City of Aspen, but these parcels
have significant natural features, including steep slopes, flood plains, and portions that are
designated Environmentally Sensitive Areas that justify their inability to conform to the City’s
Original Townsite.
The proposal does meet the remaining criteria for subdivisions. Although the proposal would
create a nonconformity by placing a lot line down the middle of an existing garage, the
Gibson Matchless Subdivision meets the criteria in 26.480.040.D Existing Structures, Uses,
and Non-conformities. Subsection D of the Code allows a nonconforming structure to
continue after the recordation of a plat if the Community Development Director accepts the
Applicant’s assurance, through a legally binding mechanism, that the structure will be
removed by a given date. The draft ordinance includes language that would require the
Applicant to record this criteria on the final plat and in a subdivision agreement with the
City. Recording the Applicant’s agreement to comply with this subdivision criteria provides
the City with a vehicle to cause the Applicant to remedy this nonconformity.
It is not in the City’s purview to promote the creation of equal development rights when
considering subdivision proposals that divide land up among multiple property owners. Issues
between different ownership interests are private matters. The City is not obligated, nor should it
feel compelled, to relax development standards in order to solve private disputes. Staff believes
the Gibson Matchless Subdivision does not represent an efficient and logical land use pattern,
nor does it comply with all of the Code’s review criteria that is intended to ensure that growth
occurs in a logical, predictable, and traditional development pattern.
The proposed lot shapes deviate significantly from the City’s traditional rectangular lots. Odd
lot shapes tend to result in odd developments out of character with the surrounding
neighborhoods. Additionally, abnormal land patterns tend to create confusion among potential
buyers, future owners, and neighboring residents regarding the extent of the lots’ development
rights, ownership and liabilities. The City’s Land Use Code regulations are intended to promote
standardized developments by establishing a definitive set of approval criteria and a uniform
review process.
STAFF RECOMMENDATION : Staff recommends that the City Council DENY the Applicant’s
request to subdivide 980 and 990 Gibson Avenue.
RECOMMENDED MOTION : (All motions should be in the affirmative) “I move to approve
the second reading of Ordinance #21, Series of 2015, on second reading, approving the Gibson
Matchless Subdivision.
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IX.b
Gibson Matchless Subdivision
Staff Memo
6/8/2015
Page 7 of 7
CITY MANAGER COMMENTS:
ATTACHMENTS:
Ordinance #21, Series of 2015
Ordinance Exhibit
Memo Exhibit A – General Subdivision Review Standards
Memo Exhibit B – Minor Subdivision Review Criteria
Memo Exhibit C – Flagpole and Flag Area Diagram
Exhibit D – Application
Exhibit E - Presentation
P67
IX.b
1
ORDINANCE N0. 21
(SERIES OF 2015)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
GIBSON MATCHLESS SUBDIVISION, COMMONLY KNOWN AS
980 AND 990 GIBSON AVENUE, LEGALLY DESCRIBED AS THE ALPINE ACRES
CONDOMINIUMS #1 AND #2 AND INCLUSIVE OF A PORTION OF SILVER KING
DRIVE (REC. NO. 550853), ASPEN, COLORADO
PARCEL NO. 2737-073-20-003
.
WHEREAS, the Community Development Department received an application from
Gibson Matchless, LLC represented by Hass Land Planning, LLC. requesting the City Council
approve the Minor Subdivision review for the property commonly known as 980 and 990 Gibson
Avenue - legally described as The Alpine Acres Condominiums #1 and #2 and Inclusive of a
Portion of Silver King Drive (Rec. No. 550853), City of Aspen, County of Pitkin, State of
Colorado - into two lots; and,
WHEREAS, the property located at 980 and 990 Gibson Avenue is currently zoned R-6,
Medium Density Residential; and,
WHEREAS, the property contains two structures listed on the Aspen Inventory of
Historic Landmarks and Structures; and,
WHEREAS, according to Section 26.480.030 Minor Subdivisions shall be approved,
approved with conditions, or denied by the City Council after reviewing a recommendation by
the Community Development Director; and,
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended denial of the application; and,
WHEREAS, City Council has reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein, has reviews and considered
the recommendation of the Community Development Director, the applicable referral agencies,
and has taken and considered public comment at a public hearing; and,
WHEREAS, during a duly noticed public hearing held on May 26, 2015, the City
Council approved Ordinance No. 21, Series of 2015, by a vote of 5 to 0, approving the Minor
Subdivision; and,
WHEREAS, City Council finds that the Minor Subdivision proposal meets or exceeds all
the applicable development standards; and,
WHEREAS, City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety and welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
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2
Section 1: Conditions of Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves the Minor Subdivision Review for the division of the lots legally
described above - into two lots to be known as “Lot 1, Gibson and Matchless Subdivision” and
“Lot 2, Gibson and Matchless Subdivision”, with the following conditions:
a. Each lot shall have separate water taps and separate sewer taps, and separate connections for
any additional utility services serving each individual lot. All tap fees, materials and
connection costs shall be borne at the expense of the property owners,
b. Restrictive covenants, deed restrictions, plat notes, or any other legal instrument satisfactory
to the Aspen City Attorney shall be placed upon the “flag” and “flagpole” portions of Lot 1,
prohibiting any development, including the erection of fencing along shared lot lines
between Lots 1 and 2, in perpetuity,
c. All condominium agreements, bylaws, associations or incorporations shall be dissolved
upon recordation of the final plat,
d. All easements shall be shown on the final plat,
e. The plat requirements listed under Section 2: Plat, and
f. The Subdivision Agreement requirements listed under Section 3: Subdivision Agreement.
Section 2: Plat
Two original signed plats that meet the requirements of Land Use Code Section 26.480,
Subdivision , Section 26.490, Approval Documents, and Municipal Code Title 29, Engineering
Design Standards shall be submitted to the City of Aspen for recordation with the Pitkin County
Clerk and Recorder within 180 days of final approval. The final plat shall include:
a. A plat note identifying any covenants, deed restrictions, plat notes, and legal instruments
that prohibit development from occurring upon the “flag” and “flagpole” portions of Lot 1,
b. A plat note stating that fencing along the shared lot lines between Lots 1 and 2 is prohibited,
c. A plat note stating that the driveway access for Lot 1 shall be moved from Gibson Avenue
to Matchless Drive prior to any future development,
d. A plat note stating that any buildings spanning across lot lines shall be removed prior to any
substantial redevelopment,
e. A plat note stating that any required public infrastructure, including sidewalks and
stormwater best management practices, shall be constructed at the expense of the property
owners, and in accordance with the City of Aspen’s engineering and design standards,
f. A plat note stating that each lot shall have separate water taps and separate sewer taps, and
separate connections for any additional utility services serving each individual lot. All tap
fees, materials and connection costs shall be borne at the expense of the property owners,
and
g. The identification of all easements.
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IX.b
3
Section 3: Subdivision Agreements
Within 180 days following the final approval of this ordinance, the Applicant shall submit two
original signed copies of a Subdivision Agreement to the City of Aspen for recordation with the
Pitkin County Clerk and Recorder guaranteeing:
a. The relocation of the driveway access for Lot 1 from Gibson Avenue to Matchless Drive,
b. The removal of any existing structures that would span across a lot line as a result of this
subdivision approval, prior to the development of either lot,
c. Commitment of financial sureties guaranteeing the construction of the required public
infrastructure, including sidewalks and stormwater best management practices, in
accordance with the City of Aspen’s engineering and design standards.
No future development shall occur on either resulting parcel until the conditions of the Subdivision
Agreement are met.
The sufficiency and acceptance of the Subdivision Agreement and its associated financial sureties
shall be determined by the City of Aspen Community Development Department, City of Aspen
Engineering Department and the Aspen City Attorney.
Section 4: Historic Designation
Both resulting lots shall be listed on the Aspen Inventory of Historic Landmarks and Structures,
and each lot shall be eligible for Historic Preservation incentices, in accordance with the Land
Use Code.
Section 5: Maximum Allowable Floor Area
On each lot, the maximum allowable floor area shall not exceed 2,486 square feet per dwelling
unit, pursuant to Ordinance 35, Series of 1987, or as otherwise limited by applicable zoning.
Section 6:
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 construed and concluded under such prior ordinances.
Section 7:
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 8:
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IX.b
4
A public hearing on the ordinance shall be held on the 1st day of June, 2015, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) 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.
Section 9:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 26 th day of May, 2015.
Attest:
_________________________ ____________________________________
Linda Manning, City Clerk Steven Skadron, Mayor
FINALLY, adopted, passed and approved this 8th day of June, 2015.
Attest:
_______________________________ _____________________________
Linda Manning, City Clerk Steven Skadron, Mayor
Approved as to form:
__________________________
James R. True, City Attorney
Exhibit A – Draft Subdivision Plat
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Exhibit A – General Subdivision Review Standards
Gibson Matchless Subdivision Preliminary Plat
26.480.040. General subdivision review standards.
A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual
unobstructed legal vehicular access to a public way. A proposed subdivision shall not
eliminate or obstruct legal vehicular access from a public way to an adjacent property. All
streets in a Subdivision retained under private ownership shall be dedicated to public use
to ensure adequate public and emergency access. Security/privacy gates across access
points and driveways are prohibited.
Staff Findings: Currently, both properties are accessed off of Gibson Avenue, which is a paved
right-of-way that was improved in accordance with the Alpine Acres annexation and subdivision
development agreement. There are approximately ten feet between each condo unit’s individual
driveways. If this lot split proposal is approved, each parcel would be allowed one curb cut, and
the City would require the driveway access for the northern parcel, 980 Gibson (Lot 1 in the
preliminary plat,) to be relocated to Matchless Drive, a gravel right-of-way used to access three
residential lots and the Smuggler Racquet Club. No new right-of-way dedications would be
required to provide adequate public or emergency access, and no private gateways are being
proposed. Staff finds that a satisfactory development agreement as a condition of approval
would satisfy this criteria.
B. 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.
Staff Findings: The preliminary plat proposes the creation of two lot configurations which
deviate significantly from the Original Aspen Townsite, as well as the Alpine Acres Addition that
includes this site under consideration. In order to divide the Floor Area Ratio (FAR) evenly
between the two resulting lots, the applicants are requesting to create one parcel with 18 lot
lines (Lot 1) and another parcel with 10 lot lines (Lot 2). To accomplish this balance in FAR,
the applicants are proposing to connect the primary land mass of Lot 1 to a landlocked land
mass on the far side of Lot 2 via a strip of land roughly two feet wide and 50 feet long that runs
along the northeast lost line of Lot 2.
The City’s original platted lots consist of rectangular blocks that are 270 feet wide by 220 feet
deep, and composed of nine lots on each side, separated by a 20 foot-wide alley. The Alpine
Acres Addition was first subdivided by Pitkin County in 1964. The addition includes two
perpendicular rights-of-way, Silver King Drive (a portion of which was vacated and granted to
Alpine Acres Condominiums via quiet title) and Herron Drive (which later became Matchless
Drive). Lot Two through Five of the Alpine Acres Addition are rectangular lots approximately
86 feet wide by 185 feet long (15,900 square feet each) that front the northeast side of Silver
King Drive, while Lot One - this proposal’s fathering parcel - is a five-sided lot abutting the
southwest side of Silver King Drive.
P74
IX.b
The subject site is relatively level, with the exception of a few man-made berms and runoff
drainages that have grades greater than 20%. These undulating spots take up approximately
1,300 of the fathering parcel’s 18,635 square feet. Thus, topographic conditions do not hinder a
logical lot configuration approximating the quadrilateral shape of the Original Townsite or the
other four lots of the Alpine Acres Addition.
The unusual number of lot lines, the narrow 50 foot stretch, and the incorporation of a seemingly
incongruous area into Lot 1 that is on the opposite side of the proposed Lot 2 do not meet this
criteria of the Code.
C. 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.
Staff Findings: The applicants are not requesting a change in zoning. The fathering parcel is
zoned R-6 which requires a minimum lot area of 6,000 square feet and a minimum net lot area of
4,500 square feet. Both proposed parcels have more than enough square feet to meet the
required minimum gross lot area (16,444 sf for Lot 1 and 14,342 sf for Lot 2), as well as the
minimum net lot area for FAR purposes (7,808 sf for both lots). Staff finds this criteria met.
D. 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 assurances
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.
Staff Findings: An existing garage is currently attached to Alpine Acres Condominiums No. 1
and No. 2 which spans across one of the proposed lot lines that would separate the two lots. The
Applicant is aware structures are not allowed to span across lot lines when subdividing land,
and is willing to demolish the garage as a condition of approval, which staff finds would satisfy
this criteria.
Assurances acceptable to the City of Aspen guaranteeing removal of the garage prior to the
recording a subdivision plat must be in place as a condition of approval. Such an assurance
would meet this criteria of the Code.
P75
IX.b
Exhibit B - Minor Subdivision Approval Criteria
Gibson Matchless Subdivision Preliminary Plat
26.480.060. Minor subdivisions :
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 requirements of Section 26.480.040, General Subdivision
Review Standards.
Staff Findings: The proposed subdivision does not comply with all of the General Subdivision
Review Standards in Section 26.480.040, as discussed in Exhibit A. Specifically, the proposed
subdivision does not approximate the Original Aspen Townsite or the Alpine Acres Addition, of
which this proposed subdivision is a part of. Staff finds this criterion not met.
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.
Staff Findings: Lot 5 of the Alpine Acres Addition has not been subdivided by the City of Aspen.
Staff finds this criteria met.
3. The Lot Split Plat shall be reviewed and recorded in the office of the Pitkin County Clerk
and Recorder, pursuant to Chapter 26.490 – Approval 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.
Staff Findings: Staff recommends requiring satisfactory development agreements and sureties as
a condition of approval.
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Exhibit C
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b
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2
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3
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b
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4
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b
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5
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b
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6
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b
P
8
7
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b
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8
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b
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9
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b
Gibson/Matchless Subdivision
Calculations and Measures of Lot Area &
Changes in Maximum Allowable Floor Area
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4,470.8 sf floor area
ONE LOT (R-6 zone)
•4,470.8 sf max floor area
Maximum floor area for a
duplex based on zoning
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b
2,486
sf
ONE LOT –1 Unit
(Ord 35-87)
•2,486 sf max floor area
per dwelling unit One dwelling unit
Maximum floor area per unit
Ordinance 35 of Series 1987
P
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b
2 units with equal floor area
2,235.4
sf
2,235.4
sf
ONE LOT –2 units
•4,470.8 sf max floor area
•2,486 sf max per dwelling
unit
Or…..
One lot with 2 equal units
built to the maximum allowable floor area
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b
2 units with unequal floor area
1,984.8
sf
2,486
sf
ONE LOT –2 units
•4,470.8 sf max floor area
•2,486 sf max per dwelling
unit
One lot with 1 unit built to maximum size,
and 1 unit built to the remaining floor area allowed on the lot
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Subdivision scenarios
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b
TWO LOTS
•3,889 sf max floor area/lot (R-6)
•2,486 sf max/dwelling unit
Lot 1 Lot 2
3,889 sf
max
3,889 sf
max
Maximum floor area for
a duplex based on zoning
7,778 sf maximum floor area
Current max sf = 4,470.8
Potential sf = 7,778
∆ sf = +3,307.2
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2,486
TWO LOTS –2 units
•2,486 sf max/dwelling unit
2,486
Or…..
Maximum floor area per unit
Ordinance 35 of Series 1987
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1,944.5
TWO LOTS –4 units
•3,889 sf max floor area/lot (R-6)
•2,486 sf max/dwelling unit
1,944.5 1,944.5
1,944.5
Two lots each with 2 equal units
built to the maximum allowable floor area
7,778 sf maximum floor area
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1,403
TWO LOTS –4 units
•3,889 sf max floor area/lot (R-6)
•2,486 sf max/dwelling unit
2,486 2,486
1,403
Or…..
Two lots each with 1 unit built to maximum unit area,
and 1 unit utilizing the remaining floor area allowed on each lot
7,778 sf maximum floor area
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b
500 sf Historic Preservation Bonus
per lot
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1
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b
2 LOTS w/bonus
•4,389 sf max floor area/lot
•2,486 sf max/dwelling unit
3,889 sf
+ 500 sf
4,389 sf
3,889 sf
+ 500 sf
4,389 sf
Lot 2
Maximum floor area for
a duplex based on zoning, plus 500 sf bonus
8,778 sf maximum floor area
Current max sf = 4,470.8
Potential sf = 8,778
∆ sf = +4,307.2
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2,194
2 LOTS w/bonus
•4,389 sf max floor area/lot
•2,486 sf max/dwelling unit
2,194 2,194
2,194
Or…..
Two lots with bonuses, and each with 2 equal units
built to the maximum allowable floor area, plus bonus
8,778 sf maximum floor area
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3
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b
1,903
2 LOTS w/bonus
•4,389 sf max floor area/lot
•2,486 sf max/dwelling unit
2,486 2,486
1,903
Two lots with bonus, each with 1 unit
built to maximum unit area, and 1 unit utilizing the remaining floor area allowed on the lot
8,778 sf maximum floor area
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4
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MEMORANDUM
TO: Mayor and City Council
FROM: Sara Nadolny, Planner Technician
THROUGH: Chris Bendon, Community Development Director
MEETING DATE: June 8, 2015
RE: Aspen Community Garden – Fence Height Variation
APPLICANT /OWNER: Parks Dept /
City of Aspen
REPRESENTATIVE: David Radeck,
Open Space Project Technician
LOCATION: 40174 Hwy 82, Thomas
Property Open Space
CURRENT ZONING & USE:
Conservation (C) zone district; parcel
used as open space and contains the
Aspen Community Garden.
PROPOSED LAND USE: The property
will continue to be used in the same
manner, as open space with an
expanded community garden.
SUMMARY: The Parks Dept. is
planning an expansion of the
community garden that will add
approximately 32 plots and will extend
towards Hwy 82. The existing garden
is surrounded by an eight-foot high
wildlife fence. The current code only
allows for a height of six feet. The applicant has
indicated that eight feet is the minimum height
necessary to prevent wildlife intrusion into the
new garden plots, and would like to continue the
existing fence height around the new expansion.
STAFF RECOMMENDATION: Staff has reviewed
the application and finds the proposed fence to
meet the criteria for a height variation. Staff
recommends approval of the eight foot fence, the
minimum height necessary to maintain the garden
without wildlife disturbance.
Figure A: Image of Aspen Community Garden
LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting
the following land use approvals from City Council:
Variance: City Council is the final approving body for height -related variations
from what is allowed by the Land Use Code.
BACKGROUND: The Aspen Community Garden was created around 1978 on the
Thomas Property Open Space. The garden currently has around 50 plots, all of which are
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tended by local Aspen residents. Plots are obtained by contacting Anna Scott, the garden
president, and paying a nominal fee.
CURRENT PROPOSAL: The Parks Dept. has indicated a planned expansion of the
existing garden by approximately 32 additional plots. There is currently a waiting list for
plots, and the Park Dept. hopes the expansion will provide relief for those waiting to get
their hands in the earth. The expansion is planned to extend to the north, towards the
pedestrian trail and Hwy 82 (see Exhibit A). The current garden is surrounded by an
eight-foot high wildlife fence. The applicant requests to continue this fence around the
new expansion to prevent intrusion of wildlife. The applicant has indicated this is the
minimum height necessary to keep wildlife out of the garden. The Code allows for a
maximum fence height of six feet, therefore the applicant is requesting a variance from
this standard.
STAFF EVALUATION: Staff has reviewed the applicant’s request against the relevant
criteria for a Variance, and notes the following.
The eight-foot fence surrounding the current garden has proven to be an effective barrier to
potential wildlife destruction. Staff has consulted with CDOT Region 3 regarding game
fencing and has confirmed that eight feet is an appropriate height to deter wildlife.
The garden is a unique community asset and already benefits from the existing eight-foot
fence that has protected the garden for years. A six -foot fence will not provide the same
level of protection, and it is likely that the new garden plots would be destroyed by deer and
other wildlife.
The request for an eight-foot fence in the conservation zone district is unique in that it is
not a privacy fence for a home or other structure. Staff is unaware of any past denials for
a fence variation within the Conservation zone district.
STAFF RECOMMENDATION: Staff finds all review criteria to be me, and
recommends City Council APPROVE the applicant’s request for a height variation for
the new community garden fence.
RECOMMENDED MOTION (All motions are worded in the affirmative): “I move
approval of Resolution No 62, Series 2015 approving an eight-foot tall fence, as measured
from natural grade, around the new Aspen Community Garden expansion.”
CITY MANAGER COMMENTS:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
ATTACHMENTS:
Exhibit A – Site Plan
Exhibit B – Review Criteria
Exhibit C – Application
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RESOLUTION N0. 62,
(SERIES OF 2015)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A HEIGHT
VARIANCE FOR A FENCE AROUND THE EXPANDED COMMUNITY GARDEN AT
40174 HWY 82, THOMAS OPEN SPACE PROPERTY, CITY OF ASPEN,
PITKIN COUNTY, COLORADO
Parcel ID: 273512300853
WHEREAS, the Community Development Department received an application from the
City of Aspen Parks Department requesting an eight-foot tall fence to surround the community
garden expansion at the north end of the existing garden; and
WHEREAS, the property is zoned Conservation (C) and is known as the Thomas
Property Open Space; and,
WHEREAS, on June 8, 2015, the City Council reviewed the land use application and
considered the Variance request proposed under the applicable provisions of the Municipal Code
as identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed public
hearing; and,
WHEREAS, the City Council finds that the fence height variance proposal meets or
exceeds all applicable development standards associated with the request; and,
WHEREAS, the City Council grants approval of the Variance request as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves a height variance to permit an eight-foot wildlife fence to surround
the expanded section of the Aspen Community Garden.
Section 2:
All material representations and commitments made by the applicant pursuant to the temporary
use proposed as herein awarded, whether in public hearing or documentation presented before
the City Council, are hereby incorporated in such plan development approvals and the same shall
be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
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 ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
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Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED BY the City Council of the City of Aspen this 8th day of June, 2015.
____________________________
Steven Skadron, Mayor
Attest:
__________________________
Linda Manning, City Clerk
Approved as to form:
___________________________
James R. True, City Attorney
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Exhibit A
Site Plan
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Exhibit B
Review Criteria
26.314.040. Standards applicable to variances.
A. In order to authorize a variance from the dimensional requirements of Title 26, the
appropriate decision-making body shall make a finding that the following three (3)
circumstances exist:
1. The granting of the variance will be generally consistent with the purposes, goals,
objectives and policies of this Title and the Municipal Code; and
Staff Response: The community garden is located on and Open Space parcel, which is
zoned Conservation and allows crop production. The proposed fence does not interfere
with any view planes, environmentally sensitive areas, or other development, and will serve
as protection for a community asset. Staff finds this criterion to be met.
2. The grant of variance is the minimum variance that will make possible the reasonable use
of the parcel, building or structure; and
Staff Response: The fence is proposed at eight feet in height, as measured from natural
grade. The six foot height allowed by Code does not prevent wildlife such as elk and deer from
jumping the fence. Parks has determined that eight feet is the minimum height to deter
wildlife from entering the garden space. Staff has contacted a representative from CDOT
Region 3 who helped with the plan for installing the game fence along Hwy 82 and parts of
I-70. This representative agrees that a height of eight-feet is the minimum needed to dissuade
intrusion by wildlife in this instance. Staff finds this criterion to be met.
3. Literal interpretation and enforcement of the terms and provisions of this Title would
deprive the applicant of rights commonly enjoyed by other parcels in the same zone
district and would cause the applicant unnecessary hardship, as distinguished from mere
inconvenience. In determining whether an applicant's rights would be dep rived, the
Board shall consider whether either of the following conditions apply:
a) There are special conditions and circumstances which are unique to the parcel,
building or structure, which are not applicable to other parcels, structures or buildings
in the same zone district and which do not result from the actions of the applicant; or
Staff Response: This area on the parcel is used as a community garden. Crop
production is a permitted use within the Conservation zone district. For successful crop
production the area must be protected from wildlife that would likely eat and destroy the crops.
Furthermore, an eight foot fence already exists on the site in the area of the present
community garden. Staff finds this criterion to be met.
b) Granting the variance will not confer upon the applicant any special privilege denied
by the terms of this Title and the Municipal Code to other parcels, buildings or
structures, in the same zone district.
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Staff Response: The request for an eight foot fence in the conservation zone district is
unique in that it is not a privacy fence for a home or other structure. Staff is unaware of any
past denials for a fence variation within the Conservation zone district. Staff finds this
criterion to be met.
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