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HomeMy WebLinkAboutagenda.council.regular.19990111 CITY COUNCIL AGENDA January 11, 1999 5:00 P.M. ANNUAL MEETING - Aspen Public Facilities I. Call to Order II. Roll Call III. Scheduled Public Appearances a) Commendation of Sam Garton IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V, Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments VI. Consent Calendar (These matters may be adopted together by a sinhie motion) ~ a) Resolution #1, 1999 - Posting Notices of Public Meetings b) Resolution #2, 1999 - 1999 1/2 Cent Sales & Use Tax Budget c) Resolution #3, 1999 - Contract - Ajax Electric - Lighting Remodel Yellow Brick d) Resolution ~,~,, 1999 - Contract Power Motive Corporation Pothole Patcher e) Minutes - December 14, 1998 VII. Public Hearings b) Ordinance #53, 1998 - / A VIII. Action Items IX. Information Items a) Discontinuation of Fireplace Fees X. Adjournment Next RegulaE Meeting January 25. 1999 COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT MEETING ROOM MEMORANDUM TO: Mayor and Council ~/ THROUGH: Amy Margerum, City Manage FROM: Kathryn Koch, City Clerk DATE: January 5, 1999 RE: Annual Meeting of Aspen Public Facilities Authority SUMMARY: The articles of incorporation of the Aspen Public Facilities Authority state that the annual meeting shall be held on the second Monday in January. BACKGROUND: The Aspen Public Facilities Authority is a "non-profit corporation and an instrumentality of the City of Aspen for certain limited purposes." The Board of Directors of the Authority are the members of the City Council, the City Finance Director and the City Clerk. The officers are: President John Bennett Vice-President Rachel Richards Secretary. Kathryn Koch Treasurer Tabatha Miller The Authority was formed to assist in financing the construction of the Parking Facility. The Authority initiaIfy leased the ground for the Parking Facility from the City, owned the facility and leased the ground and facility back to the City. All of the Authority's interest in the Parking Facility leases and subleases related to the Parking Facility have been assigned to a Trustee. In ;1995, the Authority passed two resolutions; one which allowed the re~nancing of the parking garage bonds, and one which entered into a similar lease arrangement for Cozy Point. PROBLEM DISCUSSION: The Ground Lease requires that the Authority "maintain its corporate existence, ...will not dissolve or otherwise dispose of all or substantially all of its assets and will not consolidate with or merge into another corporation..." during the term of the ground lease. The Bylaws of the Authority require that an annual meeting be held on the second Monday of January at 5:00 p.m. at the regular meeting place of the corporation. The Bylaws state the following order of business for regular meetings: 1. Roll call 2. Reading and approval of the minutes of the previous meeting (minutes of January 12, 1998 attached) 3. Bills and communications 4. Report of the President 5. Unfinished business 6. New business 7. Adjournment There are no bills or communications of which staff is aware. Also, staff is aware of no unfinished business nor any new business. RECOMMENDATION: Staff recommends that Council hold the annual meeting of the Aspen Public Facilities Authority on January 11, 1999 at 5:00 p,m. in order to meet the requirements of the Bylaws of the Authority. The agenda for this meeting should be as outlined above. CITY MANAGER COMMENTS: asppubfac Aspen City Council Regular Meeting January 12, 1998 ASPEN PUBI,IC FACII ITrF. S John Bennett, president, called the annual meeting of the Aspen Public facilities to order with members Terry Paulson, Jim Markalunas, Jake Vickery, Kathryn Koch and Tabatha Miller present. Councilman Paulson moved to approve the minutes of January 13, 1997; seconded by Councilman Paulson. All in favor, motion carried. There was no new business before the organization. Councilman Markalunas moved to adjourn the public facilities at 5:10 p.m.; seconded by Councilman Paulson. All in favor, motion carried. Ka~nS~ Koch, City Clerk Mayor Bennett called the Council meeting to order at 5:10 p.m. with Councilmembers Vickery, Markalunas and Paulson present. CITIZEN COMMENTS There were none. COUNCIl ,M'EMBER COMMENTS 1. Councilman Vickery extended sympathy to the friends and family of Robin Molny. Molny contributed a lot to Aspen over the last 30 years. 2. Councilman Markalunas commended staff for the article in the paper and for the idea behind the way to get home in an emergency if an employee has ridden the bus to town. MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk ~f/ THRU: Amy Margerum, City Manager DATE: January 5, 1999 RE: Resolution Designating the Public Place for the Posting of Notices of Public Meetings Pursuant to 1991 legislative amendments to the Colorado Open Meeting Law as Section 24-6-402(2)(c), City Council is to annually designate at its first meeting for each calendar year a public place for the posting of notices for meeting. By properly designating a place for posting meeting notices, a public entity will be deemed to have given full and timely notice of any meeting so long as notice thereof was posted as the designated place at least twenty-four hours in advance thereof. Posting notices as the designated place will also suffice for municipal boards and commissions. Attached is Resolution #1, Series of 1999, which identifies the glass case in the first floor lobby of City Hall as the designated place for posting of meeting notices. Approval of the consent calendar will adopt this resolution. RESOLUTION #1 Series of 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DESIGNATING THE PUBLIC PLACE FOR POSTING NOTICES OF PUBLIC MEETINGS. WHEREAS, the City Council of the City of Aspen, Colorado, deems it in the public interest to provide full and timely notice of all of its meetings; and WHEREAS, the Colorado state legislature mended the Colorado Open Meetings Laws, Section 24-6-401, et seq., C.R.S. to require all "local public bodies" subject to the requirements of the law to annually designate at the local public body's first regular meeting of each calendar year, the place for posting notices of public hearings no less than twenty-four hours prior to the holding' of the meeting; and WHEREAS, "local public body~ is defined. by Section 24-6-402 (1)(a) to include "any board, committee, cornmission, authority, or other advisory, policy-making, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body~. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 A public notice of each meeting held by the City Council of the City of Aspen and each meeting of any other board, committee, commission, authority, or other advisory, policy- making, rule-making, or formally constituted body of the City of Aspen, shall be posted by the City Clerk at least twenty-four hours prior to the holding of the meeting in the enclosed glass case in the lobby of City Hall, 130 South Galena Street, Aspen, Colorado. The City Clerk shall notify each board, committee, commissiqn, authority, or other advisory, policy-making, rule-making, or formally constituted body of the City of Aspen of the contents of this resolution and the other general requirements of the Colorado Open Meetings Law, C.R.S., Section 24-6-401, et seq. Dated: ,1998. John S. Bennett, Mayoi' I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held January 11, 1999. Kathryn S. Koch, City Clerk MEMORANDUM TO: Mayor and City Council THROUGH: Amy Margerum, City Manager FROM: Randy L. Readying/Z/ Asst. City Manager DATE: January 6, 1999 RE: 1999 1/2 Cent Transit Sales and Use Tax Budget SUMMARY: Attached for your review and approval is a resolution which, if approved, would authorize the 1999 1/2 cent transit sales and use tax budget. This resolution and the corresponding budget reflect the decisions made by the Elected Officials Transportation Committee at its December 9, 1998 meeting. RESOLUTION NO. ~ SERIES OF 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE 1999 BUDGET FOR THE PITKIN COUNTY 1/2 CENT TRANSIT SALES AND USE TAXES WHEREAS, the Aspen City Council, the Pitkin County 'Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. to conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. that all expenditures and projects to be funded from the County~wide one- half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, in November of 1993 Pitkin County voters authorized the issuance of up to $13,650,000 of revenue bonds for the purpose of improving the public mass transportation system in the Roaring Fork Valley (the "Revenue Bond Authorization") if sudh improvements are authorized by agreement between the Parties; and WHEREAS, at a public meeting held in Aspen Council Chambers on December 9, 1998, the Parties considered and approved several projects to be funded in 1999 from the Pitkin County one-half cent transit sales and use taxes; and WHEREAS, pursuant to voter approval the use tax had to be used first for the acquisition of the rail right-of-way and then for other transit projects; and WHEREAS, the Parties desire to approve the attached 1999 budget with the understanding that upon the successful acquisition of the rail fight-of-way in 1997, the one-half cent use tax revenues became available for other transit projects on an equal footing with projects funded by the one-half cent sales tax revenues; and WHEREAS, the City of Aspen wishes to ratify the approvals given at the December 9th meeting by adoption of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the attached 1999 one-half cent transit sales and use tax revenue and expenditure budgets are hereby approved. 1/2% Transit Sales and Use Tax 1999 :, Total Projected Revenues $4,637,000 Total Approved Expenditures $1,817,396 RESOLVED, APPROVED, AND ADOFrED this 9th day of February, 1999, by the City Council for the City of Aspen, Colorado. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held Janua~ 11, 1999. Kathryn S. Koch, City Clerk 1999 Proposed Buciget EOTC Transit Project Funding Current I Proposed 1994 1995 1996 1997 1998 1999 EOTC SOURCES: a) PitJdn County1/2% sales tax 2.455,143 2.526,855 2,641.380 2,826,666 3,021.000 3,148.000 b) Pkidn County 1/2% use t~x 206,982 335,456 299,414 341,193 298.000 303,000 c) Gr'.mts 5,000 5,000 4,600,000 1,000,000 o') Investment me &misc. 22.653 62.177 '118,635 131,671 145,000 186.000 e) Relmbursementofex~endltures 17,377 10,981 25,000 Total EOTC Sources 2,666,778 2,929,488 3,081,806 7,910,511 3,489,000 4,637,000 EOTC USES: 1) 5RFTAbuses-debt~ervloe 75,554 145.710 142,564 146,232 143,000 145,828 2) ExpandedRFTAbusserv',ce 700,000 735,000 772.000 826,152 883,021 920.108 3) RFTA opensting ehorffal[ 146.000 150,000 4) Airport intercept lot conerr. 635,376 5) Intercept lot landscaping 124,102 38.585 6) Interceptiotshutheeervice 308,000 218,000 150,747 121,862 7) Intercept lot maintenance 19,592 9,579 21,578 13.000 8) Proiectciesign, mgmt,&admin 700,537 39,987 63,480 112,679 103,253 54,016 9) Entrance-to-Aspendesign/englneedng 30,060 150,000 10) Aspen reimbursements 65,824 30,000 18,000 11) Snowmass transit center design 29,764 87,671 100,000 12) Use tax cotlection costs 51,834 15.074 34,400 35,984 36,596 13) ROWecquiskion efforts 42,987 53,864 177,787 151,623 14) ROw acquisition - EOTC (56%) 1,624.000 15) ROWacquisition-grants 5,593.075 16) RFRHA buciget share 172.999 406,486 597,~48 17) RFRHACISedvance 118,125 56,875 (175,000) 18) RFRHAaddkiormlCISadvance 618,000 19) RFRHA enhanced pubtic process 127,000 20) Moore Open Space replacement 3,000 67,500 21) Regional Transit AL~honty Plan 75,000 22) Brush Creek Study 12.000 125,000 Tote; EOTC Uses 2,154,454 1,700.085 1,715.073 8,990.691 2,821,559 1,817.396 EOTC ANNUAL SURPLUS/(DEFICIT) 532,324 1,229.403 1.366.733 (1,080,180) 667.441 2.819.604 EOTC CUMUL~.TIVE SURPLUSI(DEFICIT) 532.324 1,761,727 3,125.460 2,048.250 2,715,721 5,535,325 Notes: Actuatiprojecteci increase in sales tax revenue 2.9% 4.5% 7.0% 6.9% 4.2% Projected inSetion rate 2.5% 3.3% ~3% 1.7% 1.7% Projected investment esmings rote 5.5% 5.0% 4.5% 1997-95 current ex'~enditure budget detail: 1997 1998 1999 6) is composed of the following: 14,D99 28,253 29,016 ~nancial admin. and insurance 9,668 25,000 25,000 meeting support and fodlitation 21.952 50,000 transpert,etion linkages wontshop (1/2 reimbursed by Aspen Skiing Co.) 30,000 match for Regional Transpomition Partnerships grant 36.950 rai3 demonstration project 112,679 103,253 54.016 10) briefing book 12/4/98 HLFCNT~4.XLS MEMORANDUM TO: MAYOR & CITY COUNCIL ~/ THRU: CITYMANAGER'S OFFICE FROM: T13iANDERSON, RECREATIONDIRECTOR DATE: JANUARY5, 1999 RE: YELLOW BRICK LIGHTING REMODEL SUMMARY: Please find attached a contract and scope of work ,for the lighting remodel e~/'the ]~llow Brick School. This project was bid through the local media for all imerestedparties. Only one bid was received fi'om Ajax electric in the amount of S26,090. This bid is acceptable as S35,000 was budgeted for these improvements. The completion date of March 1.5, 1999, is due to the fact that the materials will take 6 to 8 weeks to be shipped and received upon approval of this' contract. PREVIOUS COU~'CIL ACTION: In May of ] 998 City Council approved the e.xT~enditure qf S218, O00 for improvements to the )~llow Brick School. The approval the S218, 000 in expenditures included the lighting remodel proposed at this time. BACKGROU~rD: In June of 1998 the City entered into an agreement with First Choice Properties for the management and maintenance of the facility. Once the purchase qf the .[?acility was compete in z~ugust of 1998 staff began work on interior improvements to the .facility. To date locks have been replaced and there have been architectural work done regarding the west and east entrance improvements. In addition major work was necessary to the boiler system in the fall to assure heat for the facility. Painting, carpet, plumbing improvements, and a new ceiling are to follow the installation of the lighting remodel. Work on the west and east enD'ances along with new window in the facility will be done in the spring/summer of]999 once the weather is warmer. Stqff wiH be following up soon with Council in regard to the remodel of the basement area and a business plan for that space. There will also be information and a plan regarding the addition of a Photo Voltaic (PI,,9 System to the facility. Staff is currently working with an architect and engineers' in cost estimates and design for the basement area. FINANCIAL BIPLICATIONS: Council approved S218,000 for improvements to the Yellow Brick. The $21& 000 in improvements included $35, O00 for the lighting remodel. The bid attached is in the amount of $26, 090. RECO~IMENDA TIONS: Stqff is recommending approval of the attached contract with ,{iax Electric for the lighting remodel of the Yellre4; Brick. AL TER2~5t TIVES: The project could be bid again to see if more bids' could possib6, be obtained, but the current bid is well within the amount budgeted for the work. Bidding the prqiect out again would onb,'fia'ther hold up the improvements to the facility. 31,4~M GER 'S C031.11ENTS: RESOLUTION #3 (Series of 1999) A RESOLUTION APPROVING A CONTRACT BETWEEN THE' CITY OF ASPEN, COLORADO, AND AJAX ELECTRIC, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING LIGHTING REMODEL OF THE YELLOW BRICK SCHOOL AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Ajax Electric, Inc. a copy of which contract is annexed hereto and made a pan thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the city of Aspen hereby approves that contract between the City of Aspen, Colorado, and Ajax Electric, Inc. regarding the lighting remodel at the Yellow Brick school, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manger of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held , 1999. Kathryn S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Ajax Electric.~, Inc. CPmfessional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The partie anticipate that all work pursuant to this agreement shall be completed no later than '3 II~ lqB. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by. the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional an amount not to exceed Twenty-Six Thousand Ninety Dollars ($26,090.00) for all material.and labor in accordance with Professionals Proposal. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assi~nabilitv. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, PSl-971.doc Page I drawings, maps, models, photographs, reports or bther material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant A~ainst Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/be has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage' fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the panics that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractbrs during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, .sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in pan by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmeWs compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is F'i t -971 .doc Page 2 determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the aqt, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FiVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MII .1 .ION DOII .MS ($1,000,000.00) each occurrence and ONE MII J .ION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MIILION DOI 1-ARS ($1,000,000.00) each occurrence and ONE Mll .1 ION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the PS1-971,doc Page 3 requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insurers. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance .pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and a~ee that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by C1RSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. ~1-971 .doe Page 4 11. Completeness of Am'cement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and them are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mall retum receipt requested, to: City: Professional: Amy Margemm, City Manager Ajax Electric, Inc. City of Aspen P.O. Box 8193 130 South Galena Street Aspen, CO 81612 Aspen, Colorado 81611 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of A~reement bv Citv. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. PS 1-971 .doc Page 5 (b) If any of the provisions of this agreement shall be held invalid, illegal or Unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: ~ 1-971 .d oc Page 6 PROFESSIONAL: WrrNESSED BY: AIAX El ,ECTRICAL, IXNC. By: ~ Date: t/~/q q PS 1-971 .doc Page 7 EXHTRIT "A" to PrOfessional Services Agreement Scope of Work (To be completed prior to execution of Agreement -971 .d oc Page 8 PROPOSAL AJAX ELECTRIC, INC. P.O. BOX 8193 ASPEN, CO 81612 (970) 92S-WIRE SUBMFF'FED TO: PHONE: 920-5140 DATE: 12/8/98 CiTY CLERK CITY OF ASPEN JOB NAME: YELLOW BRICK SCHOOL 130 SO. GALENA ST. ASPEN, CO 81611 JOB LOCATION: 215 N GARMISCH STREET ASPEN, CO 81611 ARCHITECT: DATE OF PLANS: We hereby submit specifications and estimates for. The lighting remodel of the Yellow Brick School as per the specifications provided. The price includes widng and installing: New fixtures, lamps, ballasts, tube guards, motion sensors, exit lights and emergency ligh!s as specified by Rising Sun Enterprises. Also included is the removal of (2) stairwell lights and the relocation of the light at the bottom of the stairwelL The price includes labor, material, freight and disposal fees for hazardous wastes. Tax on material is excluded, as is an electrical permit fee. This proposal is predicated on us having reasonable access to the work area. We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: TWENTY-SiX THOUSAND NINETY dollars ($26,090.00) Paym~t to b¢ r~ade ~s follows: 60% DEPOSIT, BALANCE UPON COMPLETION Ajax Electric signature: ~"~/~}~/// Page 1 PROPOSAL Acceptance of Proposal - T~.r~.p,.~..~,,~=~uuo~,.~.~.r.=ow~...h=~y.=~I., Signature~~/ Signature: Page 2 INVITA TIO,~ TO BID The City of Aspen, Colorado invites potential bidders to submit proposals regarding the "Yellow Brick Zighting Remodel'; Bid packets may be obtained from the Office of the City Clerk beginning November 16, at 8:00 A.M. A recommended pro bid meeting and walk through will be held at the Yellow Brick School located at 215 N. Gamisch St. beginning at 9:00 A.M. on December 1, 1998. Sealed proposals shall be submitted to the City of Clerk's office no later than 5:00 P.M. on December 8, 1998. For further information regarding this invitation to bid, please contact Tim Anderson at 920-5140. The YELLOW BRICK SCHOOL LIGHTING REMODEL 1 August 1998 Prepared for: Tim Anderson RECREATION DIRECTOR & Joani Matranga CORE Prepared by: Chris Myers SENIOR LIGHTING CONSULTANT Yellow Brick School Lighting Remodel First Floor NOTE: Old ballasts must be disposed in accordance with Pitkin County and EPA hazardous waste disposal regulations. For disposal information call Joani at CORE 544-9808, The ceiling in the hallway is being replaced. Lighting retrofit must be coordinated with the ceiling replacement. 1) Ceilin~ fluorescents-Hall: Keplace existing 26 ~uorascent strip ~L~cmres with new suspended (pendant) T-8 fiuorescent fix~ares, All recessed glass fixtures inside hallways are to be e!~minated (the recessed glass fixvares in the airlocks and around the outside are to remain). This also includes the stairwell to the basement. Suspend appro:~m~ely 10-12 inches fi'om ceiling to bottom of L--rare. Lay-outs will be provided at walk through inspectdon, FINELITE Series #2 4' long for two T-8 Imps with electronic ballast and fully adjustable aircraf~ cables (120V') S2-4-2T3-SC-120-FA Quantity: 20 with Osrm FO32/835 or GE FO32/SPX35 Imps QuantiS: 40 ('NO SUBSTITUTIONS) FINELITE Series ~2 8' long for two T-8 Imps with electronic ballast and fully adjustable aircraf~ cables (120V) S2-8-2Tg-SC-120-FA Quantity: 6 with Osrm FO32/335 or GE 1:O32/SPX35 Imps Quantity: 12 (NO SUBSTITUTIONS) 2) Emergency li~htha~ circuit: Add emergency lighting circuit in main level consisting of 5 fixtures spread throughout the two main halls. OPTION I: Provide emergency power packs in five of the 4' FINELITE fixtures. This option requires that an always hot wire is available for these fixtures. Since this is a remodel, the existence of this uncertain and may be impossible if this wire is not present. Add Bg0 or B100 Bodine emergency power pack from YINF. LITE manufacturer when ordering fixtures. · Also could be ordered separately and installed in the field ~-om ATLITE, Model ~ZP650 OK OPTION 2: Provide wall or ceiling mounted, self-contained emergency lights. This will likely' require providing a new, always hot circuit in the halls. ELCO EETOL Self-contained 2-light DU.AI.LITE EZ-2F Self-contained 2-light 3) Matchine Fluorescent lamp and ballast upgrade: In classrooms - Kelamp and reballast all vintage up/down fiuorescents. All fixtures are to be equipped with T8 lamps and electronic ballasts. All lamps mus+ be also equipped with T- 8 Imp tube ~uards to shield lamp fi-om possible breakage. See sample installation in Pa~ck's Office at the Yellow Brick. In classrooms: Kelamp and reballast all wraparound fiuorescent fixtures. All fixtures are to be equipped with T8 lamps and electronic ballasts. As these fixtures axe lensed, the new lamps do not need tubeguards. Where two 4' fLxtures are buued up a~.~inq each other, a 4-1amp ballast is specified for rewiring to replace two 2-1amp ballasts. Ballasts: Osram Sylvania Quiclaronic 2-1amp T-8 electronic, instam-start, parallel wired 120V Quantity: 56 4- lamp T-8 electronic, instant-start, parallel wired 120V Quantity: 75 Lamps: Osram FO32/835 or GE FO32/SPX35 lamps Quantity: 410 Tubeguards: T8 tube guards Quantity: 272 In Waldorf Office eliminate one 4 ~ fixture if possible- counts assume fixture is eliminated. 4) Classroom Bathrooms and small office bathroom Cov CORE): Keplace light switch with motion sensor. New sensor fits right into existing switch box (no major rewiring is necessary). Set sensor for 10 minute durafiotk Specification: WATTSTOPPER. WA-100-WH Quantity: 9 ('NO SUBSTITUTIONS) 5) Classroom Bathroom vanity fixl~u'es: Peplace. Specification: NLrLITE Aspen I3'12)-132 T8 electronic with FO32/835 T8 lamp Fixture and lamp quantity: 4 6) Airlock entries and exterior recessed: Relamp round recessed glass fixtures with dual 13 watt compact fiuorescent. The specified replacement unit screws into top of fixture and is equipped with an edison base socket. This socket is screwed into the existing light bulb socket for power. Use glass lenses from eliminated round glass fixture in inside hallways to replace glass in exterior ~xmreso Specification: WESTERFI~,F~ 140-2 Quad 13 with Edison pi~ail and Panasonic instant start 13 watt Quad lzmp # FQ 13 E27V2. Fixture and lamp quantity: 5 (airlocks) + 8 (exterior) (NO SUBSTITUTIONS) 7) CORE office & office hallway: a. Relamp square recessed glass fixtures with dual 13-watt compact fiuorescents. The specified replacement unit screws into top of fixture and is equipped with an edison base socket. This socket is screwed into the existing light bulb socket for power. Specification: WESTERF/ELD 140-2 Quad 13 with Edison pigtail and Panasonie instant start 13 wan Qv. ad lamp # FQ 13 E27V2. Fixture and lap quantity: 6 (NO SUBSTITUTIONS) b. Replace 4 exis~lg ~uorescent fixlures on ceiling with T-8 ~uorescent wraparounds. Specification: ,NLrLITE WAP 232 Electronic with FO32/835 lamps. Fixture quantity: 4 Lamp q-,ntity: 8 8) Common bathrooms: Replace ceiling fixtures in main area over stalls with wraparound T8 electronic fiuorescent L-"mres. Replace ce'ding fixture in entry with plastic compact fiuorescent dome fixture. In small office bathroom, replace ce'ding fixture with a compact ~uorescent fixture. Specification: NULITE WAP 232 Electronic with FO32/835 lamps. Fixture quantity: 4 Lamp quantity: 8 .. SpecL~cation: WESTERFIELD 1100 dual PL-13 or equivalent Fixture quantity: 3 Lamp quantity: 6 9) Kitchen: Relamp and reballast all wraparound fluorescents fixtures. Each _ fixture is to be equipped with only two lamps instead of the existing four. All fixtures are to be equipped with T8 lamps and electronic ballasts. Ballasts: Osrm Sylvania Quick~a'onic 2-1rap T-8 electronic, instant-start, paraliel wired 120V Lamps: Osram'FO32/835 or GE FO32/SPX35 lamps Replace light switch with motion sensor. New sensor fits right into existing switch box (no major rewiring is necessary). Set sensor for 15 rn~ute duration. Specification: WattstopperWA-100-WH Quantity: I ('NO SUBSTITUTIONS) I0) Laundry: Relmp and reballast the vintage up/down fluorescent. It is to be equipped with T8 Imps and electronic ballasts. All tubes must be also equipped with T-8 Imp tube guards to shield lamp from possible breakage. Ballasts: Osrm Sylvania Quicktronic 4-1amp T-8 elec~onic, instam-start, parallel wired 120V Quantity: 1 Lamps: Osrarn 1:O32/835 or GE FO32/SPX35 Imps Tube~uards: T8 tube guards Replace light switch with motion sensor. New sensor fits right into existing switch box (no major rewiring is necessary). Set sensor for 15 minute duration. Specification: WattstopperWA-100-WH Quantity: 1 ('NO SUBSTITUTIONS) 11) Display cabinet in front entry: Keep fixtures but replace bulbs with compact fluorescent screw-in bulbs. Specification: LUMATECH Reflect-A-Star 4.5" bronze reflector 13-watt with clear lense (#11324) Quantity: 4 ('NO SUBSTITUTIONS) 12) Miscellaneous- Reballast and relamp existing vintage fixtures, as needed in other various rooms. Specification: New electronic ballasts with 2 lamps for each fixture, installed as per previous instructions. Quantity -2 ballasts. 13) Exits: Replace all exit signs with LED signs with banery back-up, Exit signs on both floors are covered in this part of the specification- replace exits on both floors. Specification: ASTRALITE 3000 Series Quantity: 12 (4) Ceiling mount, single-sided (1) Cei/ing mount, double-sided (7) Wall-mount, single-sided 12/01/98 22:8~ F.-L~ .... MEMORANDUM To: Mayor and City Coupall Thru: Amy Margerum ~ From: Jack Reid Date: January 5, 1999 Subject: Contract approval; POVVER MOTIVE CORPORATION SUMMARY: Staff recommends approval of the contract to purchase one (1), Pothole Patching Machine from POVVER MOTIVE Corporation PREVIOUS COUNCIL ACTION: The Asset Planning Committee approved this purchase in the 1999 Asset Management Plan. City Coundl approved the 1999 Asset Management Plan in the 1999 Budget. CURRENT ISSUES: This contract is a result of sole source procurement. This unit is unique in the industry in its ability to provide heat to the aggregate matedal it cardes. Because most of our patching is done in winter and eady spdng when the weather is cold, this option is very important to us. The only comparable machine made does not have this capability. FINANCIAL IMPLICATIONS: The 1999Asset Management Plan contains the approved budget for this purchase. PROPOSED MOTION: #__~__ I move to approve Resolution of 1999; on the Consent Calendar of January 11, 1999 CITY MANAGER COMMENTS: RESOLUTION NO. ~ Series of 1999 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT B~EN THE CITY OF ASPEN, COLORADO, AND POWER MOTIVE CORPORATION~ , AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and _POWER MOTIVE CORPORATION a copy of which conlract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and _POWER MOTIVE CORPORATION_ a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ,1999. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ,1999. Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 1999 - 1FM THIS AGRFFMENT, made and entered into, this __ day of 1999, by and between ~e City of Aspen, Colorado, herainafter referred to as the "City" and herainaf~er referred to as the 'Yendot." WITNESSE'i"H, that whereas the City wishes to purchase ONE, {1), ROSCO RA-300 POTHOLE PATCHER WITH SPECIFIED OPTIONS herainaf~er calted the UNIT(S), in accordance with the terms and conditions outJined in the Contract Documents and any assodated Spec~ficetions, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations herainafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendors Bid for the sum of One Hundred Nineteen Thousand, Five Hundred Fifty-Eiclht Dollars and NO Cents ($1 19,558.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are heraby made a part of this Agreement as if fully set out at length herain. 4. Warranties. A full description of all warranties associated wffii this purchase shall accompany this contract document. 5. Successors and AssiGns. This Agreement and atl of the covenants heraof shall inure to the benefit of and be binding upon the City and the Vendor raspectjvely and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the dght to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third .Par'des. This Agreement does not and shall not be deemed or construed to confer ' upon or grant to any third party or pardes, except to pardes to whom Vendor or City may assign this Agreement in accordance with the specific whtten permission, any dghts to claim damages or to bdng any suit, a~on or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivere. No waiver of default by either party of any of the terms, covenants or conditjons hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Aareement Made in Colorado. The parties agree fiat this Agreement was made in a_ _c~_rdance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attornev's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attomey's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parses hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the AgreemenL 11. Certification Reclardinq Debarment, Suspension, Ineliclibilitv. and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further cartitles that pdor to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any. lower tjer participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Af~ainst Continqent Fees, Gratuities, Kickbacks and Conflicts of Interest. ... Vendor warTants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of secudng business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connec~on wfth any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specffication or procurement standard, rendering advice, investigation, audffing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the precaeds thereof, except those that may have been disclosed at the time City Courtall approved the execution of this AgraemenL In addison to other romedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the dght to: 1. Cancel this Punchase Agreement without any liability by the City; 2. Debar or suspend the offending par'des from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract pdce or cons!deration, or othenNise recover, the value of anything transferred or received by the Vendor, and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sate contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such ceancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable a~er the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement 15. City Coundl Approval. If this Agreement requires the City to pay an amount of money in excess of $10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, madtal status, affectional or sexual orientation, family responsibility, national odgin. ancestry, handicap, or religion shall be made in fie employment of persons to perform under this Agreement Vendor agrees to meet all of the requirements of Citys municipal code, section 13-98, pertaining to non-discrimination in employment Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Inteeration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the pa~es and supersedes or incorporates any prior written and oral agreements of the par'des. In addi~jon, vendor understands that no Cibj official or employee, other than the Mayor and City Coundl acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement. represents that he/she is an authorized representative of Vendor for the purposes of executjng this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN VV~TNESS WHEREOF, The City and the Vendor, mspec'dvely have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: A'I I ~-ST: City Clerk Lj' / i~-~ ,~ ~r~r~ Title. purchagr. bid TO: Mayor and Council r~// J THRU: Amy Margerum, City Manage THRU: ' ' ' G'~ ' RE: Text Amendment, Sections 26.20.030, 26.52, and 26.72 of the Aspen Municipal Code, to eliminate the distinction between HPC review authority .over landmark and non-landmark properties listed on the Inventory of Historic Sites and Structures, Second Reading of Ordinance #44, Series of 1998 DATE: January 11, 1999 (Continued from December 14, 1998) SUMMARY: The Planning staff and the Planning and Zoning Commission reconunend amendments to Sections 26.20.030, 26.52, and 26.72 of the Aspen Municipal Code, to eliminate the distinction between HPC review authority over landmark and non-landmark properties listed on the Inventory of Historic Sites and Structures. The code amendment was identified as a priority in the Aspen Area Community Plan and the HPC Symposium held in August 1998. City Council approved Ordinance #44, Series of 1998 on First Reading on October 26, 1998. Prior to second reading, written notification Of the proposed text amendment was sent to all owner's of property listed on the Historic Inventory. Six owner's telephoned, but none expressed interest in attending the meeting or providing written comments after discussing the code amendment with staff. The "Inventory of Historic Sites and Structures" contains 260 properties. 71 of these are located within historic districts and therefore have full HPC review for redevelopmerit as either a "minor" or "significant" project dependent on the scope of work. 87 others are landmark sites outside of the historic districts and have the same stringent HPC protection. Redevelopment of the remaining 102 non-landmark sites is reviewed only in terms of any mount of demolition or relocation proposed. (It should be noted that the HPC program has been set up to encourage property owners to choose to landmark by offering incentives to do so. This system has worked well, but there are numerous significant properties which remain unlandmarked because the owner hasn't chosen to landmark the property.) 1 For the review of a non-landmark property, a public hearing is currently not required (unless an off-site relocation or total demolition is proposed) and the review standards, particularly for partial demolition, only allow HPC a general mass and scale review of any new construction. If a completely detached structure is proposed on a non-landmark site (so that there is no mount of demolition to the historic structure) there is no HPC review. The HPC feels strongly that all of the properties on the historic inventory should have equal protection and review. All projects with a scope beyond minor alterations should be reviewed in a two step process; conceptual and final, with a public hearing at conceptual. This will allow HPC the greatest protection and scrutiny over major alterations to historic sites, and will require public notice. Also, requiring review at a conceptual stage on all projects may save applicant's time and money by allowing HPC to give feedback before the design has progressed too far. The standards related to demolition, partial demolition and on or off-site relocations will still be used, in conjunction with the broader HPC standards for compatibility of new additions. Staff and P&Z recommend Council approve the proposed code amendments related to historic inventory properties, as described in "Exhibit B~" of the memo provided from Amy Guthrie dated January 11, 1998, and incorporated into Ordinance #44, Series of 1998. As part of their motion recommending approval, the Planning and Zoning Commission also requested that Council direct staff to examine the existing code language with regard to the ability to demolish and reconstruct a non- conforming structure (a provision which relates to historic and non-historic buildings) and the incentive program for historic properties. Also, at Councii's request, Section 26.72.040, Appeal and call up, has been amended to provide City Council 30 days, rather than 14 days to call up for review any decision of the Historic Preservation Commission. Notice of the HPC decision will be provided to Council in the form of the approved Resolution. TEXT AMENDMENT: See Exhibit B, Proposed Amendments. Three areas of the code are impacted, Section 26.20.030 Powers and Duties of the Historic Preservation Commission, Section 26.52 Common Development Review Procedures, and Section 26.72 Development in an "H," Historic Overlay District; or involving the Inventory of Historic Sites and Structures. STANDARDS FOR REVIEW: In reviewing an amendment to the text of this title or an amendment to the official zone district map, the city council and the commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Response: The amendment is not in conflict with any applicable portions of this title. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The proposed amendment is consistent with a goal of the AACP: "Amend the City Code to require review of alterations and additions to all historic resources identified on the Aspen Inventory of Historic Sims and Structures," as well as the intent statement of the Design Quality and Historic Preservation Action Plan: "To ensure the maintenance of character through design quality and compatibility with historic features." C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land Use and neighborhood characteristics. Response: The proposed amendment does not create a new land use or density. The intention is to help development, as it affects historic structures, to fit in with the neighborhood characteristics. D. The ef/kct of the proposed amendment on traffic generation and road safety. Response: The amendment will have no impact on traffic generation and road safety. E. Whether and the extent to which the proposed amendment wouM result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: The proposed amendment will have no impact on public facilities or services, however, staff can anticipate additional caseload associated with the upgrading of the review authority of the HPC. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment Response: The proposed amendment will not cause adverse impacts on the natural environment. G. Whether the proposed amendment is consistent and compatible with the .. community character in the City of Aspen. Response: The amendment will require that modifications to all historically designated structures, landmark or non-landmark, preserve the community character of Aspen. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The amendment does not affect a particular parcel or neighborhood. The community has seen on-going and somerunes substantial alterations to historic structures. The amendment will help address those resources which are currently not sufficiently protected. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Response: The proposed amendment is in harmony with the public interest as expressed through the AACP and the HPC Symposium, the forty attendees of which made this code amendment a high priority. STAFF RECOMMENDATION: Staff and P&Z recommend Council approve the proposed code amendments related to historic inventory properties, as described in "Exhibit B," of the memo provided from Amy Guthrie dated January 11, 1998, and incorporated into Ordinance #44, Series of 1998. As part of their motion recommending approval, the Planning and Zoning Commission also requested that Council direct staff to examine the existing code language with regard to the ability to demolish and reconstruct a non-conforming structure (a provision which relates to historic and non-historic buildings) and the incentive program for historic properties. RECOMMENDED MOTION: "I move to adopt Ordinance #44, Series of 1998 on Second Reading." "I move to direct Planning staff to examine the existing code language with regard to the ability to demolish and reconstruct a non-conforming structure (a provision which relates to historic and non-historic buildings) and the incentive program for historic properties." City Manager's Comments: Exhibits: Ordinance//44, Series of 1998 A.. Memo from Amy Guthrie dated January 11, 1998 B. Proposed Code Amendments C. Planning and Zoning Commission minutes of October 6, 1998 D. List of property owners notified of the proposed code amendment and proof of notification. 4 EXttIBIT B, PROPOSED CODE AMENDMENTS 26~20.030 Powers and duties. The historic preservation commission (HPC) shall have the following powers and duties: A. Recommendation of approval or disapproval to the commission and the city council of thedesignation of H, Historic Overlay District or Historic Landmark, under Chapter 26.76;. B. Review and approval, approval with conditions, suspension or disapproval of development with the H, Historic Overlay District or development involving a .~.istcrlc !a:;r~m~r!: properties listed on the Inventory of Historic Sites and Structures, under Chapter 26.72; C. Review and approved, approval with conditions, suspension or disapproval of demolition, partial demolition, on-site, off-site, or temporary or relocation involving a historic landmark or demolitibn, partial dcmolition or rclocation of any structure rated as a "q " or a "5" by the HPC in its evaluation of the Inventory of Historic Sites and Structures of the City of Aspen properties listed on the Inventory of Historic Sites and Structures, as periodically mended under Chapter 26.72; D. Periodic evaluation of the Inventory of Historic Sites and StructUres, under Chapter 26.72; E. Recommendation of approval, approval with conditions, or disapproval to the board &adjustment on a request for variance in the H, Historic Overlay District or involving a historic landmark properties listed on the Inventory. 0fHistoric Sites and Structures, under Chapter 26.72; F. Recommendation of the city council of Historic District and Historic Landmark Development Guidelines, under Chapter 26.72; G. Recommendation to the commission to initiate amendments to this chapter; and H. To hear and approve, approve with conditions, or disapprove variations under Chapter 26.72. (Ord. No. 60-1989, § 1: Code 1971, § 4-403) Chapter 26.52 COMMON DEVELOPMENT REVIEW PROCEDURES Sections: ' 26.52.010 General. 26.52.020 , Pre-application conference. · . 26.52.030 Application and fees. 26.52.040 Initiation of development application. 26.52.050 Determination of completeness and review by the planning director. 26.52.060 Review of a development application by decision-making bodies. 26.52.070 Certificate of compliance and building permit issuance. 26.52.080 Vested property rights. 5 26.52.010 General. Chapter 26.52 sets out the common procedures for review of all development applications, These common procedures apply to the following types of land development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional uses (Chapter 26.60), development subject to special review (Chapter 26.64), development in er/vironmentally sensitive areas CESA) (Chapter 26.68), development or demolition in H, Historic Overlay Districts or of historic landmarks properties included on the Inventory. of Historic Sites and Structures (Chapter 26.72), designation of H, Historic Overlay Districts or Historic Landmarks (Chapter 26.76), development in or designation of specially planned areas (SPA) (Chapter 26.80), planned unit developments (PUD) (Chapter 26.84), subdivision review (Chaptar 26.88), review of amendments to the text of this chapter or the official zone district map (Chapter 26.92), and growth management quota system (GMQS) review (Chapter 26.100). Generally, for proposed development that is subject to these provisions, the process of development follows five (5) stages: (1) A pre-application conference between the applicant and the planning agency staff; (2) submission of the development application and fees by the applicant; (3) determination of completeness and review of the development application by the planning director; (4) review of the development application by the relevant decision-making body; and upon approval of the development application, (5) receipt of a building permit. These common development review procedures are organized consistently with this process. A chart depicting the common development review procedures can be found in Figure 6-101. By far, the most lengthy and important of these five (5) stages is the review of the development application by the relevant decision-making body or bodies. In instances where the proposed development is simple and its potential effect on substantive land use policy in the city relatively insignificant, the review procedure is expedited. Where the proposed development is more complex and has a significant effect on substantive land use policy, the review procedure is more complicated and lengthy. A chart focusing on the review of a development application by the relevant decision-making body or bodies is found in Figure 6-102. The development review procedures are also summarized in Table 6-101. The Provisions of General Applicability established in this chapter apply to all these development applications and include procedures for pre-application conference, application and fees, initiation of application, determination of completeness, review, hearing, decision-making, public notice, building permit issuance and vested property rights. Unless otherwise stated, all development applications are subject to these comn~on review procedures. However, development which is as of right is only subject to the building permit stage of review. All other substantive development review standards and special procedures requirements which vary from those general requirements are found in Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable. FIGLYRE 6-101: PROCESS OF DEVELOPMENT REVIEW Pre-application Conference Submission of Development Application Determination of Completeness of Development Application Review of Development Application Receipt of Building Permit FIGURE 6-102: DEVELOPMENT APPLICATIONS REQUIRING NO STEPS: 1. PERMITTED USES: a. Reviewed by Planning Agency Staff. b. No public hearing required. 2. EXEMPT HISTORIC DEVELOPMENT: a. Reviewed by Planning Agency Staff. b. No public hearing required, 3. EXEMPT ESA DEVELOPMENT: a. Reviewed by Planning Agency Staff, b. No public hearing required. 4. EXEMPT GMQS DEVELOPMENT: a. Reviewed by Planning Agency Staff. b. No public heating required. DEVELOPMENT APPLICATIONS REQUIRING ONE STEP: 1. CONDITIONAL USE:' a. Reviewed by Planning and Zoning Commission. b. Public hearing required. 2. SPECIAL REVIEW: a. Reviewed by Planning and Zoning Commission. b. NO public hearing required. 3. ESA: a. Reviewed by Planning and Zoning CQmmission. b. No public hearing required. 4. EXEMPT GMQS: a. Reviewed by Planning and Zoning Commission. b. No public hearing required. 5. SUBDIVISION EXEMPTIONS: a. Reviewed by City Council. b. No public hearing required except for lot splits. 6. MINOR DEVELOPMENT OF A HISTORIC LANDMARK PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT: a. Reviewed by Historic Preservation Commission. b. No public hearing required. 7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A HISTOPIC LANDMAP, K PROPERTY LISTED ON THE INVENTORY OF HISTOPdC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT: a. Reviewed by Historic Preservation Cornmission. b. Public hearing required for demolition and off-site relocation. DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS: 1. GMQS: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public heating required before Planning and Zoning Commission. 8 c. May be consolidated with a conditional use application, a special review application, and/or an ESA application before the Planning and Zoning Commission and with subdivision exemption application before the City Council. 2. TEXT OR MAP AMENDMENT: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before both Platruing and Zoning Commission and City Council. 3. GMQS EXEMPTIONS: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. No public hearing required. 4. SUBDIVISION REVIEW: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before Planning and Zoning commission. 5. SIGNIFICANT DEVELOPMENT OF HISTORIC LANDMARK ~, PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURF, S OR IN HISTORIC DISTRICT: a. Reviewed by: (1). Historic Preservation Commission (for conceptual review), and (2) Historic Preservation Commission (for final review). 9 b. Public hearing required for the conceptual review. DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS 1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT: a. Reviewed by: (1) Historic Preservation Commission, and (2) Planning and Zoning Commission (refer to notes 1 and 3 below), and (3) City Council (refer to notes 2 and 3 below). b. Public hearing required for Historic Preservation Commission, Planning and Zoning Commission, and City Council. c. May be consolidated with a conditional use application, a special review application, an ESA application, and/or a GMQS exemption application before the Planning and Zoning Commission. May be consolidated with a GMQS exemption application and/or a subdivision exemption application before City Council. DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS: 1. SPA or PUD: a. Reviewed by: (1) Planning and Zoning Commission (for conceptual), and (2) City Council (for conceptual), and (3) Planning and Zoning Commission (for final) (refer to notes I and 3 below), and (4) City Council (for final) (refer to notes 2 and 3 below). b. Public heating required for City Council (at conceptual) and Planning and Zoning Commission (for final). c. May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, conditional use application, special review application, and/or ESA application before Planning and Zoning Commission (for final). May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, and/or subdivision exemption application before City Council (for final). 10 DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS: 1. SIGNIFICANT DEVELOPMENT OF t4ISTORIC LANDMARK A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC DISTRICT IN CONJUNCTION WITH SPA OR PUD: a. Reviewed by: (1) Historic Preservation Commission (for conceptual), and (2) Planning and Zoning Commission (for conceptual PUD or SPA), and (B) City Council (for conceptual PUD or SPA), and (4) Historic Preservation Commission (for final), and (5) Planning and Zoning Commission (for final PUD or SPA) (refer to notes l and B below), and (6) City Council (for final PUD or SPA) (refer to notes 2 and 3 below). b. Public hearing required at Historic Preservation Commission (for conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning Commission (for final PUD or SPA). c. May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, conditional use application, special review application, and/or ESA application before Planning and Zoning Commission (for final PUD or SPA). May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, and/or subdivision exemption application before City Council (for final PUD or SPA). NOTES: 1. One step Commission applications can be reviewed concurrently with a two, three, four or six step application at the step identified in the process. 2. One step Council applications can be reviewed concurrently with a two, three, four or six step application at the step identified in the process. 3. Two step Commission/Council applications can be reviewed concurrently 'with a three, four or six step application at the step identified in the procesS. ABBREVIATIONS: ESA means Enviromnentally Sensitive Areas. 11¸ GMQS means Growth Management Quota System. PUD means Planned Unit Development. SPA means Specially Planned Area. TABLE 6-101: SUMMARY OF DEVELOPMENT REVIEW PROCEDURES Type of Number of Steps Review Public Consolidate With Development In Process Entity Hearing? Other Apps? Application When. When. Permitted Uses None Planning No No Agency Exempt Development Staff Historic ESA GMQS Conditional Use One Commission Yes--At step 1 No Special Review Commission No No ESA Commission No No GMQS Commission No No Subdivision One Council No--except lot No Exemptions splits at Step 1 Minor DevelopmentOne HPC Yes--For No of historic landmark Demolition Only a propert), listed on the at Step 1 Inventory of Historic Sites and Structures or in historic district 12 GMQS Two Commission/Yes--At step 1 Yes--Conditional Council Use at Step 1 Text or Map Commission/Yes--At Step Special Review at Amendment Council 1 & 2 Step 1 GMQS Exemptions Commission/No ESA at Council Step 1 Subdivision Commission/Yes- At Step 1 Subdivision Review Council Exemption at Step 2 GMQS Commission/Yes--At Step 1 Subdivision Exemptions Council Exemption at Step 2 Significant Two HPC/HPC Yes--At Step I No development of historic landmark a property listed on the InventoD, of Historic Sites and Structures or in historic district Designate historic Three HPC/ Yes--At Step Yes--Conditional landmark or district Commission/2 and 3 Use at Step 2 Council, Special Review at Step 2, ESA at Step 2, GMQS Exemption at Step 2&3, Subdivision Exemption at Step 3 SPA or PUD Four Commission/Yes--At Step Yes--GMQS Council 2 and 3 and/or GMQS exemption at Step 3& 4, Subdivision Review at Step 3 & 4, Text or map 13 mend at Step 3 & 4, Conditional Use at Step 3, Special Review at Step 3, ESA at Step 3, Subdivision Exemption at Step 4 Significant Six HPC/ Yes--At Step Yes--GMQS Development of Commission/1, 3, and 5 GMQs and/or Hi:toric landmark Council GMQS exempt. a property listed on at Step 5&6, the Inventory of Subdivision Historic Sites and Review at Step Structures or in Historic 5&6, Text District in conjunction with or map mend SPA, or PUD at Steps 5&6, Con& Use at Step 5, Special Review at step 5, ESA at Step 5, Subdivision Exemption at Step 6 (Code 1971, § 6-101) 26.$2.020 Pre-application conference. A. General. Prior to formal filing of a development application, it is recommended .that an applicant confer with the staff of the planning agency to obtain information and guidance. The purpose of such a conference is to permit the applicant, the planning director and the planning agency staff to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the submission of an application. B. Issues of discussion. Issues that may be discussed at the pre-application conference, may include, but are not limited to the following: 1. Proposed development. The applicant should describe the general nature of the proposed development, including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of common open space or treatment of public uses; preservation of natural 14 features; preservation of historic structures and landmarks; protection of environmentally sensitive areas; proposed off-street parking and internal traffic circulation; and total ground coverage of paved areas and structures. 2. Review procedure. The plarming agency staff should identify procedural review requirements for the proposed developmen~ and applicable review standards and terms of this title that apply to the review of the proposed development. This should include identifying those stages of the common review procedure which apply, which decision-making body or bodies will review the development application, and the approximate length of the development review procedure. 3. Referral agencies. The planning agency staff should identify the city, state, and federal agencies that are required to review the proposed development, provide the applicant with persons at these agencies to contact about review procedures, and generally describe the information which will be needed to satisfy the concerns of the relevant city, state, and federal agencies. 4. Application contents. The planning agency staff should establish the contents of the development application required to be submitted for the proposed development. This should include descriptions of the types of reports and drawings required, the general form which the development application should take, and the information which should be contained within the application. 5. Applicati0n copies and fee. The planning agency staff should identify the number of copies of the development application that is required to be submitted for the proposed development, along ~;lth the mount of the fee needed to defray the cost of processing the application, and the number of hours of staff review time associated with the fee. At the conclusion of the conference, the applicants will be presented with a written summary of the meeting. One copy of this ~ritten summary should be submitted back to the planning agency at the time of submission of the development application. (Code 1971, § 6-201) 26.52.030 Application and fees. A. General. A development application shall be submitted in the form, and shall include the information and materials specified for that application in this section, and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is required. The development application shall be accompanied by a fee, as is established from time to time by the city council, to defray the cost of processing the application. B. Application. All development applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. " 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the 15 property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An S1/2" x l l" vicinity map loeating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. C. Consolidation of applications. If an applicant has requested the consolidation of development applications, the director shall waive any overlapping application submission requirements in the consolidated development application. D. Copyrighted materials. The City of Aspen will not accept for development application or recordation purposes any materials to which copyright applications have been made unless the applicant shall waive all claims and indemnify the city. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part of a development application may be utilized by the city in any manlier deemed necessary, including, but not limited to, recording at the Pitkin County Clerk:and Recorder, to preserve the representations made during the development review process. (Ord. No. 6-1989, § 8; Ord. No. 56-1994, § 12: Code 1971, § 6-202) 26.52.040 Initiation of development application. A development application may be initiated by over fifty (50) percent of the o~ers of real property of a proposed development. In addition, the city council or the commission may initiate a development application to amend the text of this chapter or the official zone district map (Chapter 26.92) or to designate a specially planned area (SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a development application to designate a H, Historic Overlay District or historic landmark (Chapter 26.76). (Code 1971, § 6-203) 26.52.050 Determination of completeness and review by the planning director. A. Determ'mation of completeness. 1. Submission. In order to initiate a development application, an applicant shall submit to the planning director the number of copies of the application, containing that information agreed upon in the pre-applieation conference or required by the relevant provisions of this title, and accompanied by the application fee. 2. Determination of completeness. At'cer a development application has been received, the planning director shall determine whether the application is complete. If the planning director determines that the application is not complete, written notice shall be served on the applicant specifying the deficiencies. The planning director shall take no further action on the application unless the deficiencies are remedied. If the application is determined to be complete, the planning director shall notify the applicant of its 16 completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this chapter. B. Review and recommendation by planning director. I. Comments on application from city staff. When the development application is determined complete by the planning director, copies shall be distributed to appropriate city staff persons, departments and referral agencies. Any comments shall be returned to the plahning director prior to submitting a recommendation to th~ applicable decision-making body. 2. Report and recommendation. The planning director shall compile all comments and recommendations from appropriate city staff persons, departments, and referral agencies, and shall make a written report and recommendation to the appropriate decision-making body on the development application. The written report and recommendation shall state whether the application conforms to the review standards pertaining to the relevant development approval sought, and whether it should be approved, approved with conditions, or disapproved. The planning director shall attach any referral agency comments to the report and recommendation. C. Setting the hearing. After the planning director determines that a development application is complete and a report and recommendation is completed, the planning director shall establish a place and time certain for the hearing, if required, on the development application, pursuant to the requirements of this section. If the hearing is a public heating required to be noticed, the planning director shall cause public notice to be given pursuant to the procedure and requirements established in Section 26.52.060(E). (Code 1971, § 6-2.04) 26.52.060 Review of a development application by decision-making bodies. The following review, hearing, and notice procedures and requirements apply to the review of a development application by the relevant decision-making bodies. A. Review procedures. A development application, depending on what types of development order it requests, shall be subject to one of the nine (9) review procedures outlined below. 1. Planning agency staff review: Permitted uses, exemptions of development in H Historic Overlay District and/or of historic landmark a property listed on the Inventor), of Historic Sites and Structures, environmentally sensitive area (ESA), GMQS allotments, and subdivision exemption for a lot line adjustment. a. General. Review and approval of a development application for permitted uses (Chapter 26.56) shall be made by the planning agency staff in the form of a certificate of zoning compliance issued to the chief building official. Review and · determination of exemptions for development in the H, Historic Overlay District or of historic landmark a property listed on the Inventory of Historic Sites and · . Structures(Chapter 26.72), in environmentally sensitive areas (ESA) (Chapter 26.68) or for certain GMQS Allotments (Chapter 26, 100) shall be determined by the planning director. b. Permitted uses. A development application for a permitted use shall be reviewed and approved, approved with conditions, or disapproved by the chief building official pursuant to the terms and standards established in Section 26.56.020. 17 c. Exemptions of development in H, Historic Overlay District and/or of historic landmark a property listed on the Inventory of Historic Sites and Structures. Exemption of development in the H, Historic Overlay District and/or of a .~,istc, ric la.':~mark a property listed on the Inventory of Historic Sites and Structures shall be granted by the planning director pursuant to the terms and standards established in Section 26.72.010(C). d. Exemption of development from review in environmentally sensitive area. Exemption of development from review in environmentally sensitive areas shall be granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or 26.68.050(B). e. Exemptions of development from growth management quota system (GMQS) allotment. Exemption of certain development from growth management quota system (GMQS) alloWnent shall be granted by the planning director pursuant to the terms established in Section 26.100.040(A). f. Exemption from Subdivision for Lot Line Adjustments. Exemption of development from the terms of subdivision for lot line adjustments shall be granted by the Planning Director pursuant to the terms established in Section 26.88.030(A)(1) 2. One-step commission review: Development application for conditional uses~ special review, and in environmentally sensitive area (liSA) requiring consolidation with no other development application or exemption of certain development under GMQS. A development application for conditional uses (Chapter 26.60), development subject to special review (Chapter 26.64), and development in an environmentally sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development Application and exemption of certain development from GMQS pursuant to Section 26.100.040(B) shall be reviewed by the commission pursuant to the following procedures. a. Public hearing by the commission for conditional uses. After receipt of the written report and recommendation of the planning director for a conditional use (Chapter 26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public heating to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards for a conditional use (Section 26.60.040), and shall issue a development order approving, approving with conditions, or disapproving the application. b. Hearing by the commission for special review and ESA, and GMQS exemption. After receipt of the written report and recommendations of the planning director for development subject to special review (Chapter 26.64), development in environmentally sensitive areas (liSA) (Chapter 26.68), or for a GMQS exemption pursuant to Section 26.100.040(B), the commission shall hold a heating to review the application. At the conclusion of the hearing, the commission shall determine if the development application meets the standards for special review (Section 26.64.040), ESA (Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.100.040(B)), ' whichever is applicable, and shall issue a development order approving, approving with conditions, or disapproving the application, or exempting the development from GMQS. 3. One-step HPC review: Development application for minor development or demolition in a H, Historic Overlay District or of a historic landmark property listed on 18 the Inventory of Historic Sites and Structures requiring consolidation with no other development application. A development application for minor development or demolition in a H, Historic Overlay District or of a historic landmark property listed on the Inventory of Historic Sites and Structures(Chapter 26.72) only shall be reviewed by the HPC pursuant to the following procedures. a. Heating by HPC for minor development. After receipt of the written report and recommendations of the planning director for minor development in a H, Historic Overlay District or of a historic landmark property listed on the Inventory. of Historic Sites and Structures, the HPC shall hold a hearing to review the application. At the conclusion of the heating, the HPC shall determine if the development application meets the Standards of Section 26.72.010(D), and shall adopt a development order approving, approving with conditions, or denying the application. b. Public hearing by HPC for Demolition in H Historic Ove~ay District or involvin~ a property listed on the Inventory of Historic Sites and Structures. After receipt of the written report and recommendation of the planning director for demolition of a structure in a H, Historic Overlay District or of a Historic Landmark property listed on the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the HPC shall determine if the development application meets the standards of Section 26.72.020(B), and shall adopt a development order approving, approving with conditions, or disapproving the application. 4. On-step council review: Development application for subdivision exemption requiring consolidation with no other development application. A development application for subdivision exemption only (Chapter 26.88) shall be reviewed by the city council pursuant to the following procedures. a. Hearing by council for subdivision exemption. After receipt of the written report and recommendation of the planning director for subdivision exemption, the council shall hold a hearing to review the application, unless the application shall be for a lot split, which shall require a public heating for which notice has been.provided pursuant to Section 26.52.060(E). At the conclusion of the hearing or public hearing, as applicable, the council shall determine if the application meets the standards of Section 26.88.030, and shall adopt a development order approving, approving with conditions or denying the application. 5. Two-step commission and city council review: Growth management quota system (GMQS) allotment; subdivision review; amendment to the text of this rifle or the official zone district map; and certain GMQS exemptions. Review and approval of a development application for growth management quota system (GMQS) allotment (Chapter 26.100), subdivision review, amendment to the text of this title or the official zone district map and certain GMQS exemptions require review by the commission and a final decision by the city council and may be consolidated with a development application for a conditional use, special review or ESA. a. GMQS allotment for a permitted use. (1) Public hearing by commission. After receipt of the written report and recommendations of the planning director for GMQS scoring for a permitted use, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public 19 hearing to review the application. At the conclusion of the public hearing, the commission shall determine the points accumulated by the application pursuant to the standards of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score to the city council. (2) Hearing by city council. Upon receipt of the recommendation of the scoring of the developmere application by the commission, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank. b. GMQS allotment consolidated with other development applications; amendment to the text of this title or official zone district map or subdivision review or certain GMQS exemptions alone. (1) Public hearings by commission. After receipt of the written report and recommendations of the planning director for a development application for GMQS scoring in conjunction with a development application for a conditional use, special review, ESA, subdivision review or amendment to the text of this ti~e or official zone district map, or amendment to the text of this title or official zone district map or subdivision review or certain GMQS exemptions alone, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for ESA, 26.88.040(c) for subdivision or Section 26.92.020 for an amendment to the text of this title or the official zone district map, whichever is applicable. The commission shall adopt a development order approving, approving with conditions, or denying that part of the application pertaining to conditional uses, special review and ESA, subject to approval by the city council of the GMQS allotment for the application. The commission. shall recommend approval, approval with conditions or disapproval of the application for subdivision review or for amendment to the text of this title or the official zone district map or for certain exemptions from GMQS. Concurrently, the commission shall determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score to the city council. If a development application for a GMQS exemption is heard alone, there shall be no requirement for a public hearing. (2) Hearing/public hearing by city council. Having received the recommendation of the scoring of the development application by the commission, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank. If a development application for an amendment to the text of this title or the official zone district map is consolidated with a GMQS application, or is heard alone, the city council shall consider the consolidated applications at a public hearing, after public notice pursuant to Section 26.52.060(E). If a development application for subdivision review or a GMQS exemption is heard alone, there shall be no requirement for a public hearing. 6. Two-step HPC review: Development applications for significant development in a H, Historic Overlay District or of a historic landmark property listed on the Inventory. of Historic Sites and Structures requiring consolidation with no other 2O development application. Review and approval of a development application for significant development in a H, Historic Ove~ay District or of a historic landmark property listed on the Inventory of Historic Sites and Structures only requires review and approval of a conceptual development plan by the HPC and review and approval of a final development plan by the HPC. a. Public hearing on conceptual development plan by HPC. After receipt of the written report and recommendation of the planning director for a conceptual development plan for significant development in a H, Historic Overlay District or of a historic landmark property listed on the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the HPC shall determine if the development application meets the standards of Section 26.72~010(D), and shall approve, approve with conditiQns, or deny the conceptual development plan. b. Hearing for review of final development plan by HPC. After receipt of the written report and recommendation of the planning director for a final development plan for significant development in a H, Historic Overlay District or of a historic landmark property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the final development plan. At the conclusion of the hearing the HPC shall consider the recommendation of the planning director, determine if the final development plan is consistent with the conceptual development plan, determine if the final development plan meets the standards of Section 26.72.010(D), and adopt a development order approving, approving with conditions, or disapproving the application. 7. Three-step HPC, commission, and city council review: Designation of H, Historic Overlay District or historic landmark. Review and approval of a development application for designation of a H, Historic Ove~ay District, or of a historic landmark requires review and recommendation by the HPC and commission, and a final decision by the city council pursuant to the following terms and procedures. a. Hearing by HPC. After receipt of the written report and recommendations of the planning director regarding a development application for designation, amendment, or rescission of H; Historic Overlay District or of a historic landmark designation, the HPC shall hold a hearing to review the application. At the conclusion of the hearing, the HPC shall determine if the development application meets the standards of Section 26.76.020, and shall recommend that a development order be adopted approving, approving with conditions, or disapproving the application. b. Public hearing by the commission. After recommendation of the development application by the HPC, the commission, after public notice pursuant to Section 26.52,060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards of Section 26.76.020, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or disapproving the application. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for ESA, or Section 26.100.040 for certain GMQS exemptions and shall adopt a development 21 order approving, approving with conditions, or disapproving that part of the application pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to approval by the city council of the development application designating the property. c. Public hearing by city council. After recommendation on the development application by the commission, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the city council shall consider the recommendations of the planning director, the ttPC, and the commission, determine if the development application meets the standards of Section 26.76.020, and adopt a development order approving, approving with conditions, or disapproving the application. If applicable, the council shall also determine if the application meets the standards of Section 26.100.040. 8. Four-step commission and council review: SPA or PUD only; SPA or PUD consolidated with other development applications. Review and approval of a development application for SPA or PUD, by themselves, or in conjunction with development applications for GMQS and GMQS exemption or conditional uses, special review, ESA, subdivision review or an amendment to the text of this title or the official zone district map, require review and approval under a four-step process involving review and approval of a conceptual development plan by the commission and city council, and review and approval of a final development plan by the commission and city council. a. Conceptual development plan review by the commission. After receipt of the written report and recommendation of the planning director for a development application for conceptual development plan approval, the commission shall hold a hearing to review the conceptual development plan. At the conclusion of the hearing, the commission shall recommend approval, approval with conditions, or denial of the conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B), or whichever is applicable. The recommendation shall then be forwarded to the city council for its review. If the development application is being considered as pan of a consolidated review process with development applications for GMQS or GMQS exemption, subdivision review, an amendment to the text of this title or the official zone district map, or conditional use, special review, or ESA, initial review of these applications will not be heard until the commission and city council consider the final development plan. Provided, however, that at the request of the applicant, an amendment to the text or this title or the official zone district map may be considered in conjunction with conceptual development plan review, but final actions on such development applications shall not be taken until review and approval of the final development plan is undertaken. b. Conceptual development plan review by city council. After receipt of the recommendations of the commission for a development application for the conceptual development plan, the city council, after public notice pursuant to Section 26.52.060CE), shall hold a public hearing to ~eview the conceptual development plan. At the conclusion of the hearing, the city council shall approve, approve with conditions, or disapprove the conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B), whichever is applicable. c. Review of final development plan and other consolidated development applications by the commission. Within one year of approval by the city council of a 22 conceptual development plan, a development application shall be submitted for a final development plan or the development order for the conceptual development plan shall automatically expire. After receipt of the written report and recommendation on the final development plan ~:om the planning director, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the application pertaining to the final development plan, and if applicable, development applications for GMQS scoring or exemption, an amendment to the ten of this title or the official zone district map, or conditional use, special review, and ESA. At the conclusion of the hearing, the commission shall determine if the final development plan meets the standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), wlfichever is applicable, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or disapproving the final development plan. If applicable, the commission shall also concurrently determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100,060(E), (F) or (G), whichever is applicable, and shall forward the score to the city council. If applicable, the commission shall concurrently determine if the application meets the standards of Section 26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or disapproval of a development application requesting subdivision review and amendment to the text of this title or the official zone district map. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving, approving with conditions, or disapproving that part of the application pertaining to conditional uses, special review and ESA, subject to approval by the city council of the final development plan and the GMQS allotment. d. Hearing/public hearing on final development plan and other consolidated development applications by the city council. After receipt of the recommendation on the final development plan, GMQS scoring or exemption, subdivision review, amendment to the text of this rifle or the official zone district map from the commission, the city council shall hold a hearing to review that part of the application pertaining to the final development plan, 0MQS allotment or exemption, subdivision review or amendment, if applicable. At the conclusion of the hearing, the city council shall deterre'me if the final development plan meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order approving, approving with conditions, or disapproving the final development plan. Ifa development application for an amendment to the text of this title or the official zone district map is being considered, the city council shall hold a public hearing pursuant to public notice required in Section 26.52.060(E), and shall determine if the application meets the standards of Section 26.92.020, and shall adopt a development order' approving, .. approving with conditions, or disapproving the application. Ifa development application for GMQS is being reviewed, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank or shall determine if the application meets the standards of Section 26.100.040(C). If a development application for subdivision is being reviewed, the city council shall determine if the plat 23 meets the standards of Section 26.88.040(c) and adopt a development order approving, approving with conditions or disapproving the application. · · 9. Six-step HPC, commission, and council review: Significant development in H, Historic Ove~ay District or of historic landmark a property listed on the Inventory of Historic Sites and Structures in conjunction with SPA or PUD, only; or consolidated with other development applications. Review and approval of a development application for significant development in a H, Historic Ove~ay District or of a historic landmark a property listed on the Inventory of Historic Sites and Structures in conjunction with a development application for SPA or PUD, by themselves, or in conjunction with development applications for'GMQS allotment or exemption, subdivision review, an amendment to the text of this title or the official zone district map, or conditional uses, special review, or ESA, require review and approval under a six-step process involving review and approval of the historical district application by the HPC, review and approval of a conceptual development plan by the commission and city council, and review and approval of a final development plan by the commission and city council. a. Public hearing on conceptual development plan for significant development. After receipt of the written report and recommendation of the planning director for a conceptual development plan for significant development in a H, Historic Overlay District or of a hiztoric landmark property listed on the Inventory of Historic Sites and Structures, and after public notice pursuant to Section 26.52.0600E), the HPC shall hold a public hearing to review the conceptual development plan and recommendations of the planning director. At the conclusion of the public hearing, the HPC shall determine if the conceptual development plan meets the standards of Section 26.72.010(D), and shall approve, approve with conditions, or disapprove the conceptual development plan. b. Conceptual development plan review by the commission. After HPC review of the conceptual development plan for significant development in a H, Historic Overlay District or of a historic landmark property listed on the Inventory of Historic Sites and Structures, and after receipt of the written report and recommendation of the planning director for a development application for conceptual development plan approval for SPA or PUD, the commission shall hold a hearing to review the conceptual development plan. At the conclusion of the hearing, the commission shall recommend approval, approval with conditions,. or disapproval of the conceptual development plan pursuant to Section 26.80.03003) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. The recommendation shall then be forwarded to the city council for its review. If the development application is being considered as pan of a consolidated review process with development applications for GMQS allotment or exemption, subdivision review, or an amendment to the text of this title or the official zone district map, or conditional uses, special review, or ESA, initial review of these applications will not be heard until the commission and city council consider the final development plan. .Provided, however, that at the request of the applicant, an amendment to the text of this title or the official zone district map may be considered in conjunction with conceptual development plan review, but final actions on such development applications shall not be taken until review and approval of the final development plan is undertaken. 24 c. Public hearing on conceptual development plan review by city council. After receipt of the recommendations of the commission for a development application for the conceptual development plan, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a public heating to review the conceptual development plan. At the conclusion of the heating, the city council shall approve, approve with conditions, or disapprove the conceptual development plan pursuant to Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. d. Hearing for final HPC review. That portion of the development application pertaining to the final development plan for significant development in a H, Historic Ove~ay District or of a historic landmark property listed on the Inventory of Historic Sites and Structures shall be reviewed after the commission and city council review of the conceptual development plan for any consolidated development application, and prior to final development plan review by the commission and the city council for the consolidated applications. It shall be reviewed by the HPC pursuant to the following procedures After receipt of the written report and recommendation of the planning director for a final development plan for significant development in a H, Historic Overlay District or a historic landmarl; property listed on the Inventory. of Historic Sites and Structures, the HPC shall hold a heating to review the final development plan. At the conclusion of the heating, the HPC shall consider the recommendation of the planning ' director, determine if the final development plan is consistent with the conceptual development plan, determine if the final development plan meets the standards of Section 26.72.010(D), and adopt a development order approving, approving with conditions, or denying the application, subject to approval by the city council of the final development plan for the consolidated development applications. e. Public hearing on commission review of final development plan and other consolidated development applications. After HPC review of the final development plan for significant development in the H, Historic Overlay District or of a historic lundmark property. listed on the Inventory of Historic Sites and Structures, and after receipt of the written report and recommendation on the final development plan from the planning director for SPA, or PUD, and if applicable, a development application for GMQS scoring or exemption, an amendment to the text of this title or the official zone district map, or conditional uses, special review, and ES.A, the commission, after public notice puBuant to Section 26.52.060(D), shall hold a public hearing to review that part of the application pertaining to the final deyelopment plan, the GMQS application, the amendment application, and the other applications, if applicable. At the conclusion of the hearing, the commission shall determine if the final development plan meets the standards of Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or denying the final development plan. If applicable, the commission shall concurrently determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), and shall forward the score to the city council. If applicable, the commission shall also determine if the application meets the standards of Section 26.88.040(C) and 26.92.020, and recommend approval, approval with conditions, or disapproval of a development application requesting subdivision review and amendment to the text of this title or the 25 official zone district map. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving, approving with conditions, or denying that part of the application pertaining to conditional uses~ special review and ESA, subject to approyal by the city council of the final development plan, amendment, or the GMQS allotment. f. Hearing on city council review of final development plan and other consolidated development applications. After receipt of the recommendation on the final development plan, or GMQS scoring f~om the commission, the city council shall hold a hearing to review that part of the application pertaining to the final development plan, GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the conclusion of the hearing, the city council shall determine if the final development plan meets the standards of Section 26.80.030(B) (SPA), or Section 26,84.030(B) (PUD), whichever is applicable, and shall adopt a development order appmving, approving with conditions, or disapproving the final development plan. If a development application for GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank or shall determine if the application meets the standards of Section 26.100.040(C). If a development application for an amendment to the text of this title or the official zone district map is being considered, the city council shall hold a public hearing with public notic~ pursuant to Section 26.52.060(E), before considering the consolidated applications. In reviewing the amendment application, the city council shall determine if it meets the standards of Section 26.92.020, and approve, approve with conditions, or disapprove the application. Ira development application for subdivision is being reviewed, the city council shall determine if the plat meets the standards of Section 26.88.040(c) and shall adopt a development order approving, approving with conditions or disapproving the application. B. Modification of review procedures. In the event that an applicant believes that the previously listed review procedures do not directly address the development being contemplated, or that there are other unusual circumstances, the applicant may, pursuant to Chapter 26.92, request an interpretation by the planning director as to the appropriate review procedures for the proposed development. C. General heating procedures. The following general procedures shall apply to the conduct of all hearings regarding the review of a development application by decision-making bodies. 1. Oath or afirenation. Tesfnmony and evidence shall be given under oath or by affirmation to the body conducting the heating. 2. Rights of all persons. Any person or persons may appear at a public hearing and submit evidence either individually or as a representative of another person - or an organization Anyone representing another person oF an organization must present written evidence of their authority to speak .on behalf of the person or the organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified and, if appearing on behalf of another person Or an organization, state the name and mailing address of the person or the organization. 26 3. Due order of proCeedings. the decision-making body conducting the hear'rag may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses, but shall do so only through the discretion of the chairman or mayor. The order of proceedings shall be as follows: a. The planning agency staff shall present a narrative and graphic description of the development application. b. The planning agency staff shall present a written and oral recommendation. This recommendation shall address each factor required to be considered by this title and the Aspen Area Comprehensive Plan prior to development approval and shall be made available to the applicant submitting the development application at least two (2) working days prior to the hearing. c. The applicant shall present any information that it deems appropriate, and shall demonstrate that public notice has been given, if required. d. Public testimony shall be heard, first in favor of the development application, then in opposition to it. e. The planning agency staff may respond to any statement made by the applicant or any public comment. f. The applicant may respond to any testimony or evidence presented by the planning agency staff or public, 4. Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer may be made at the hearing or in writing within fifteen (I 5) days after the close of the hearing. 5. Continuance of hearing. The decision-making body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. No notice shall be required ira hearing is continued. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the decision-making body conducting the hearing~ only upon good cause shown. All adjourned public hearings shall commence only upon the giving of all notices which would have been required were it the initial call of the public hearing. 6. Other rules to govern, Other matters pertaining to the public heating shall be governed by other provisions of the Municipal Code of the City of Aspen, Colorado, applicable to the decision-making body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this chapter. The city's decision- making bodies may adopt rules of procedure to limit the number of development applications which may be considered at a hearing, 7. Record. a. Records of hearing. The body conducting the heating shall record the proceedings by any appropriate means which shall be transcribed at the request of any person. b. Record. The transcript of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits 27 and papers submitted in any proceeding before the decision-making body, the report and recommendation of tl-fe planning agency staff, and the decision and report of the decision- making body shall constitute the record. c. Public recordi. All records of decision-making bodies shall be public records, open for inspection at reasonable times and upon reasonable notice. D. Actions by decision-making bodies. All decision-making bodies shall act in accord with the time limits established in this title. Action shall be taken as promptly as possible in consideration of the interests of the citizens of the City of Aspen. E. Public notice. 1. General. Prior to a public hearing on a development application, notice shall be provided to the public, pursuant to the terms of this section. Table 6-101 establishes the steps in the development review process at which time notice is to be given. 2. Content of notice. Every notice shall include the name and address of the applicant, the type of development application sought, date, time and place of the hearing, the address and legal description of the subject property if applicable, a summary of the development application under consideration, and identification of the decision-making body conducting the hearing and such other information as may be required to fully apprise the public of the nature of the application. 3. Manner of notice. Every notice shall be given in one or more of the following manners, as specified in Section 26.52.060(E)(4). , a. Publication of notice. Publication of notice shall be provided by the planning agency at least fifteen (15) days prior to the public heating through publication in an official paper or a paper of general circulation in the City of Aspen in the legal notice section. The Content of the notice shall be that described in Section 26.52.060(E)(2). b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the planning agency, which shall be posted at least ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. The content of the notice shall be that described in Section 26.52.0600E)(2). c. Mailing of notice. Mailing of notice shall be made by the applicant, who shall obtain a copy of the notice from the planning agency, which shall contain that information described in Section 26.52.0600E)(2). At least ten (10) days prioi to the public hearing, notice shall be sent by first class, postage prepaid U.S. mail, or at least five (5) days if sent by hand delivery, to all owners of property within three hundred (300) feet of the property subject to the development application, and at least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage pre-paid U.S. mail or hand delivery to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of 28 Pitldn County as they appeared no more than sixty (60) days prior to the date of the public hearing. 4. Required notices. Notice of hearing to the public for a development application shall take the following form. a. Development application for permitted uses, special review, ESA, GMQS exemptions. subdivision exemptions (other than for a lot split) or minor development in /4 an "H." HistoriC' Overlay District or involving a property listed on the Inventory. of Historic Sites and Structures. A development application for a permitted use, development subject to special review, GMQS exemption, development in an environmentally sensitive area (ESA) or minor development in H, Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures requires no notice to the public prior to review. b. Development application for conditional uses and variances. A development application for a conditional use or a variance requires mailing of notice and posting of notice pursuant to Section 26.52.060CE)(3)(b) and (c). c. Development application for significant development in t4 an "H." Historic Overlay District; demolition in 14 an "H," Historic Overlay District; development in or designation of specially planned area (SPA); planned unit development (PUD); amendments to official zone district map unless for entire city; subdivision exemption for lot split; designation of Historic Ove~ay District or historic landmarks; growth management quota system (GMQS). Significant development in a H, Historic Overlay District or of a historic landmark property listed on the Inventory of Historic Sites and Structures, development, demolition of a historic landmark or of a structure ratca as a or a "5" by the HPC in its evaluation of the inventory of historic sites and structures property listed on the Inventory of Historic Sites and Structures, designation of a specially planned area (SPA), planned unit development (PUD), amendments to the official zone district map unless for the entire city, subdivision exemption for lot split, destination of Historic Ove~ay District or historic landmarks, and growth management quota system (GMQS) review requires publication of nntice, posting of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a), (b) and (c). d. Amendment to the text of this title. Amendment to the text of this title requires publication of notice pursuant to Section 26.52.060(E)(3)(a) for Planning and Zoning Commission public hearing and ordinance adoption procedures for City Council public hearing. e. Development application for subdivision. Subdivision review requires publication of notice and mailing of notice pursuant to Section 26.52,060(E)(3)(a) and(c) and notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the property subject to the development application. f. Any development application which will cover five (5) acres or more of -. land. Any development application which will cover five (5) acres or more of land requires publication of notice pursuant to Section 26.52.060(E)(3)(a) and mailing of notice to the Colorado Land Use Commission, the state geologist, and the Pitldn County Commissioners. In addition, a development application for subdivision approval also requires notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the property subject to the development application. 29 5. Rezoning of entire city. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this title, or whenever the text of this title is to be amended, whether such revision be made by repeal of this title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other. sufficient legal desctiption of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be ~i, aived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. (Ord. No.' 13-1993 § 3; Ord. No. 56-1994, § 13: Code 1971, § 6-205) Chapter 26.72 DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR I1VVOLVING THE INVENTORY OF HISTORIC SITES AND STRUCTURES Sections: ' 26.72.010 Minor development, significant development, and exemptions. 26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. 26~72.030 Insubstantial amendment of development order. 26.72.040 Appeal and call up. 26.72.050 Variances. 26.72.060 Minimum maintenance requirements. 26.72.010 Minor development, significant development, and exemptions. A. General. Any development within an "H," Historic Overlay Distridt, or development involving a historic landmark property listed on the Inventory of Historic Sites and Structures must be reviewed in accordance with the provisions of this Seciion 26.72.010 and Common Procedures, Chapter 26.52, unless exempted by the community deyelopmeut director under Section 26.72.010 (C). If not exempted, development is categorized as minor or significant development which must obtain approval of the HPC. Minor development review and approval is a one-step process and requires no public hearing. Significant development must go through a conceptual and final development plan review and approval process, with a public hearing occurring at the time of conceptual development plan review. B. General prohibition. No development shall be permitted within the "H," Historic Overlay District, or involving a historic landmark property listed on the Inventory of Historic Sites and Structures unless: .- 1. The development is not subject to the provisions of this section; or 2. The development is exempted pursuant to Section 26.72.010(C); or 3. The development is approved by the HPC as either minor or significant development pursuant to the procedures outlined in Common Procedures, Chapter 26.52, because it meets the standards of Section 26.72.010(D). 3O C. Exemption. 1. Development which is not subject to the provisions of this section shall include any interior remodeling of a structure, repainting of the exterior of an already painted structure, and choice of color of any exterior architectural feature. Such development shall not require the review by the community development director or HPC, and shall proceed directly to building permit review, when a building permit is required for the development. 2. Development which the community development director shall exempt from HPC review shall include repair of existing architectural features, replacement of architectural features when found necessary for the preservation of the structure, and similar remodeling activities which create no change to the exterior appearance of the smacture and have no impact on its character. The community development director shall exempt awnings, canopies, fences, mechanical equipment or other similar attachments to, or accessory features of a structure, provided however, that in the process of erecting said attachments, none of the significant features of the structure are destroyed or permanently removed. Incidental destruction or limited removal necessary to erect any attachment shall not make the action significant development. The community development director shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the Commercial Core, the community development director shall exempt any insignificant changes in the site design of an individual property, such as paving and new street furniture. The Community Development Director shall exempt any development required for compliance with the Americans with Disabilities Act when it affects a noniaistoric structure in the "H," Historic Overlay District, and has no significant impact on the character of the structure. For any of the exemptions listed above, the Community Development Director may place conditions on the exemption which are relevant to mitigation of impacts to the affected historic site or structure or to adjacent historic sites or structures. An appeal of a Community Development Director exemption is to the historic preservation commission. The Community Development Director may also determine that any of the above applications are more appropriately reviewed by HPC as a minor development, because of significant effects upon historic resources. 3. Before any proposed development can be considered for an exemption under the provisions of this section, an application for exemption shall be submitted to the Community Development Director in the form provided by the Community Development Director. D. Review standards for all development in the "H," Historic Overlay District, and all development involving historic landmarks properties listed on the Inventory of Historic Sites and Structures. 1. Development in the "H," Historic Overlay District, and all development involving historic landmarks properties listed on the Inventory of Historic Sites and Structures. No approval for any development in the "H," Historic Overlay District, or involving ~.iztcric !~.dm^~c!:: properties listed on the Inventory of Historic Sites and Structures shall be granted unless the HPC finds that all of the following standards are met. a. The proposed development is compatible in general design, massing and volume, scale, and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay 31 District, or is adjacent to an historic landmark. For historic landmarks where proposed development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site covered by up to five (5) percent, HPC may grant such variances after making a finding that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage lnfill Program for detached accessory dwelling units, pursuant to section 26.40.090(B)(2). The floor area bonus will only be awarded to projects which make an outstanding preservation effort, for instance by retaining historic outbuildings or by creating breezeway or connector elements between the historic resource and new construction. Lots which are larger than nine thousand (9,000) square feet and properties which receive approval for an historic landmark lot split may also be appropriate recipients of the bonus. No development application which includes a request for an FAR bonus may be submitted until the applicant has met with HPC in a workshop format to discuss whether or not the proposal might qualify for the floor area bonus, prior to design; and b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development; and c. The proposed developmen~t enhances or does not detract from the historic significance of designated historic structures located. on the parcel proposed for development or adjacent parcels; and d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. 2. Additional development guidelines. The City Council, upon recommendation of the HPC, shall established additional guidelines for use by HPC in the review of all development in an "H," Historic Overlay District, and involving historic landmarks properties listed on the Inventory of Historic Sites and Structures, in accordance with the procedures in Chapter 26.08. E. Minor development. 1. Procedure for review. Before HPC approval of minor development in the "H." Historic Overlay District, and of all development involving historic landmarlcs properties listed on the Inventory of Historic Sites and Structures a development application shall be submitted to the Community Development Director and reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Chapter 26.52. 2. Definition. Minor development shall be defined as follows: a. Remodeling of a structure where alterations are'made to no more than one (1) element of the structure, including but not limited to a roof, window, door, skylight, ornamental trim, siding, kickplate, dormer, porch, staircase, and balcony; b. Expansion or erection of a structure wherein the increase in floor area of the structure is two hundred fifty (250) square feet or less; or c. Erection or remodeling of combinations of, or multiples of no more than three (3) of the following features: awnings, canopies, signs, fences and other similar attachments; or windows, doors, skylights and dormers. Erection of more than three (3) of the above 32 listed features may be defined as minor if there is a finding that the cumulative irapact of such development is minor in its effect on the character of the existing structures. · d. Erection of street furniture, signs, benches, public art, or similar development which is to be placed throughout the Commercial Core or Main Street Historic Districts. The Community Development Director may determine that the development is to be reviewed as a significant development, pursuant to section 26.72.010(F). Public hearing requirements will not apply. 3. Application. A development application for minor development shall include the following: a. The general application information required in section 26.52.030. b. If determined appropriate by the Community Development Director, a site plan or survey showing property boundaries and predominant existing site characteristics. c. An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. d. A scale drawing of the proposed development in relation to any existing structure. e. A statement of the effect of the proposed development on the original design of the historic structure (if applicable) and character of the neighborhood. F. Significant development. 1. Procedure for review. Before HPC approval of significant development within an "H," Historic Overlay District, and of all .development involving historic landmarks properties listed on the Inventory of Historic Sites and Structures, a conceptual development plan and final development plan shall be reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Chapter 26.52. 2. Definition. Significant development shall be defined as follows: a. Erection of an awning, canopy, sign, fence or other similar attachments to, or accessory features of, a structure that, in the process of erecting, cause significant features of the structure to be permanently destroyed or removed; b. Erection or remodeling of combinations of, or multiples of any single feature of a structure which has not been determined to be minor; c. Expansion or erection of a structure wherein the increase in floor area of the structure is more than two hundred fifty (250) square feet; d. Construction ofa new stmcture within a "H," Historic Overlay District; and e. The development of any property which is listed on the inventory of historic sites and structures and which has received approval for demolition or off-site relocation when a development plan has been required by the HPC pursuant m section 26.72.020(J)(5). 3; Conceptual development plan. a. Development application for conceptual development plan. A development ' application for a conceptual development plan shall include the following: (1) The general application information required in section 26.52.030. -. (2) A site plan and a survey showing property boundaries and predominant existing site characteristics. (3) COnceptual selection of major building materials to be used in the proposed development. (4) A statement of the effect of the proposed development on the original design of the historic structure (if applicable) and/or character of neighborhood. 33 (5) Scale dra~wings of all elevationsof any proposed structures, including a roof plan. (6) A visual description of the neighborhood context through at least one (1) of the following: diagrams, maps, photographs, models, or streetscape elevations, with the intent to provide HPC with the necessary information without adding excessive costs to the applicant. b. Effect of approval of conceptual development plan, Approval of a conceptual development plan shall not constitute fmal approval of significant development or permission to proceed with development. Such approval shall constitute only authorization to proceed with a development application for a final development plan. c. Limitation on approval of conceptual development plan. Application for a final development plan shall be filed within one (1) year of the date of approval of a conceptual development plan. Unless an extension is granted by HPC, failure to file such an application shall render null and void the approval of a conceptual development plan previously granted by the HPC. 4. Final development plan. a. Submission of application for final development plan. A development application for a final development plan shall include: (1) The general application information required in section 26.52.030. (2) Reserved. (3) An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. (4) Finalized drawings of the proposal at 1/4" = 1'0 scale. (5) A statement of the effect of the details of the proposed development on the original design of the historic structure (if applicable) and character of the neighborhood. (6) A statement of how the final development plan conforms to the representations made during the conceptual review and responds to any conditions placed thereon. G. Historic Landmark Lot Split. The development of all lots created pursuant to section 26.88.030 (A)(5) shall be reviewed by HPC at a public heating. (Ord. No. 6-1989, § 9; Ord. No. 60-1990, § 3; Ord. No. 21-1995, § l(part);Ord. No. 49-1995, § 4; Ord. No. 33-1997, §. 1: Code 1971, § 7-601) 26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. A. General. No demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation of any structure included in the Inventory of Historic Sites and Structures of the City of Aspen, established pursuant to section 26.76.090, or any structure within an "H" Historic Overlay District, shall be permitted unless the demolition, partial demolition, off-site reloeation, on-site relocation, or temporary relocation is approved by the HPC because it meets the applicable standards of section 26.72.020CB), (C), (D), CE), or (F) urdess exempted pursuant to section 26.72.020(G) or (H). For the purposes of this section, "demolition" shall mean the total razing of any structure on an inventoried parcel which contributes to the historic significance of that parcel. "Partial demolition" shall mean the razing of a portion of any structure on an 34 inventoried parcel or the total razing of any structure on an inventorled parcel which does not contribute to the historic significance of that parcel. B. Standards for review of demolition. No approval for demolition shall be granted unless the H_PC finds that all of the following standards are met. 1. The structure proposed for demolition is not structurally sound despite evidence of the owners efforts to properly maintain the structure; and 2. The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property; and 3. The structure cannot be practicably moved to another site in Aspen; and 4. The applicant demonstrates that the proposal mitigates to the greatest extent practical, the following: a. Any impacts that occur to the character of the neighborhood where demolition is proposed to occur. b. Any impact on the historic significance of the structure or structures located on the parcel and adjacent parcels. c. Any impact to the architectural character and integrity of the structure or structures located on the parcel and adjacent parcels. C. Standards for review of partial demolition. No approval for partial demolition shall be granted unless the HPC finds all of the following standards are met: 1. The partial demolition is required for the renovation, restoration or rehabilitation of the structure, or the structure does not contribute to the historic significance of the parcel; and 2. The applicant has mitigated, to the greatest extent possible: a. Impacts on the historic significance of the structure or structures located on the parcel by limiting demolition of original or significant features and additions. b. Impacts on the architectural character or integrity of the structure or structures located on the parcel by designing new additions so that they are compatible in mass and scale ~4th the historic structure. D. Standards for review of off-site relocation. No approval for off-site reloeation shall be granted unless the HPC finds that all of the following standards are met: 1. The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property; and 2. The relocation activity is demonstrated lobe the best preservation method for the character and integrity of the structure, and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation; and 3. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation; and · - 4. A relocation plan shall be submitted, including posting a bond or other financial security with the Engineering Department, as approved by the HPC, to insure the safe relocation, preservation and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation; and 35 5. The receiving site is compatible in nature tothe structure or structures proposed to be moved, the character of the neighborhood is consistent with the architectural integrity of the structure, and the relocation of the historic structure would not diminish the integity or character of the neighborhood of the receiving site. An acceptance letter from the property owner of the receiving site shall be submitted. E. Standards for review of on-site reloeation. No approval for on-site relocation shall be granted unless the HPC finds that the standards of Section 26.72.020(D)(2), (3), and (4) have been met. If the structure that is to be relocated does 'not contribute to the historic significance of the parcel, only standard 26.72.020(I))(2) must be met. F. Standards for review of temporary relocation. No approval for temporary relocation shall be granted unless the HPC finds that the standards of Section 26.72.020(D)(3) and (4) have been met. G. Exemption for structures within an "H," Historic Overlay District. The demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation of a structure located within an "H" Historic Overlay District, may be exempt from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the HPC finds that the following conditions have been met: 1. The structure is not identified on the Inventory of Historic Sites and Structures. 2. The structure is considered to be noncontributing to the historic district. 3. The structure does not contribute to the overall character of the historic district, and that its demolition, partial demolition, off-site relocation, on-site relocation or temporary relocation does not impact the character of the historic district. 4. The demolition, partial demolition, off-site relocation, on-site relocation or temporary relocation is necessary for the redevelopment of the parcel. 5. The redevelopment or new development is reviewed by HPC pursuant to Section 26.72.010. H. Exemption for structures which do not contribute to the historic significance of an inventoiled parcel. A structure which does not contribute to the historic significance of an inventoried parcel is exempt from meeting the standards of Section 26.72.020(D), off-site relocation and Section 26.72.020(F), temporary relocation. I. Procedure for review. A development application shall be submitted to the community development director before HPC approval of demolition, partial demolition, off-site relocation, on-site relocation, temporary relocation, or exemption which shall be reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Chapter 26.52. The HPC shall be authorized to suspend action on demolition, partial demolition, off- site relocation, or on-site relocation applications when it finds that it needs additional information to deterre'me whether the application meets the standards of Section 26.72.020 or that the proposal is a matter of such great public concern to the city. that alternatives to the demolition, partial demolition, off-site relocation or on-site relocation must be studied jointly by the city and the owner. Alternatives which the HPC may consider having studied shall include, but not be limited to finding economically beneficial uses of the structure, removal of the structure to a suitable location, providing public subsidy to the owner to preserve the structure, identifying a public entity capable of public acquisition of the structure, or revision to the demolition, partial demolition, 36 off-site relocation or on-site relocation and development plan. The HPC shall be required to specify the additional information it requires or the alternatives it finds should be studied when it suspends action on the demolition, partial demolition, off-site relocation, or on-site relocation application. Action shall only be suspended for the amount of time it shall take for the necessary information to be prepared and reviewed by the community development director, but in no case shall suspension be for a period to exceed six (6) months. J. Application for demolition, partial demolition, off-site relocation, on-site mlocation, or temporary relocation. A development application shall include the following. Applications which affect a structure which does not contribute to the historic significance of the parcel shall only include the submission requirements listed in Section 26.72.020(3)(1), (2), and (5): 1. The general application information required in Section 25.62.030. 2. A written description of the structure proposed for demolition, partial demolition, off-site relocation, on-site relocation, temporary relocation, or exemption, and its year of construction. 3. A report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitation. 4. For demolition or off-site relocation only: An economic feasibility report that provides: a. Estimated market value of the property on which the structure lies~ in its current condition, and after demolition or ~elocation. b. Estimates from an architect, developer, real estate agent or appraiser experienced in rehabilitation addressing the economic feasibility of rehabilitation or reuse of the structure proposed for demolition or relocation. c. All appraisals made of the property on which the structure is located made within the previous two (2) years. d. Any other information considered necessary to make a determination whether the property does yield or may yield a reasonable return on investment. 5. For demolition, partial demolition, off-site relocation and on-site relocation only: A development plan and a statement of the effect of the proposed development on the other structures on the property and the character of the neighborhood around the property shall be submitted so that HPC is able to make a finding whether the applicable standards are met. In the case of a demolition or off-site relocation, the development plan will be reviewed as a Significant Development application, pursuant to Section 26.72.010. K. Application for demolition or exemption from demolition, partial demolition, off- site relocation, on-site relocation, or temporary relocation. A development application for exemption shall include all items specified in Section 26.72.020(3)(1) and (2). .. L. Penalties. A violation of any portion of this Section 26.72.020 shall prohibit the owner, successor or assigns from obtaining a building permit for the affected property for a period of five (5) years from the date of such violation. The city shall initiate proceedings to place a deed restriction on the property to this effect to insure the enforcement of this penalty. (Ord. No. 17-1989, § 1; Ord. No. 9-1991, § 1; Ord. No. 21- 1995, § l(part): Code 1971, § 7-602) 37 26.72.030 Insubstantial amendment of development order. A. An insubstantial amendment to an approved development order may be authorized by the comrnurfity development director. An insubstantial amendment shall be limited to technical or engineering considerations, first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment'shall be defmed as a change in shape or location of a single window, awning, door, staircase or other feature on the structure or use of a material made by a different manufacturer that has the same quality and approximately the same appearance as originally approved. B. All other amendments shall be approved by the HPC pursuant to Section 26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, § l(part): Code 1971, § 7-603) 26.72.040 Appeal and call up. A. Any action by the HPC in approving, approving with conditions, or disapproving a development order or suspending action on a demolition, partial demolition, off-site relocation, or on-site relocation application or in rating a structure on the inventory of historic sites and structures may be appealed to the city council by the applicant or a landowner within three hundred (300) feet of the subject property within thirty (30) days of the decision. The masons for the appeal shall be stated in writing. The city council may also call up for review any decision of the HPC approving, disapproving, or suspending action on a demolition, partial demolition, off-site relocation, or on-site reloeation of any structure on the inventory of historic sites and structures by serving written notice on the HPC within fourteen (1 '1) thirty. (30~ days of the HPC's decision and notifying the applicant of the call up. Notice of the HPC decision will be provided to Council in the form of the approved resolution. B. Within thirty (30) days after the date of a decision by the HPC which is appealed or called up by the city council, the council shall hold a public hearing after publishing notice pursuant to Section 26.52.060 (E)(3)(a). C. The city council shall consider the application on the record established before the HPC. The city council shall affirm the decision of the HPC unless the city council shall determine that there was an abuse of discretion, or a denial of due process by the HPC. Upon determining that there was an abuse of discretion or denial of due process, the city council shall be authorized to take such action aS it shall deem necessary to remedy said situation, including but not limited to reversing the decision, altering the conditions of approval, changing the length of time during which action on a demolition, partial demolition, off-site relocation, or on-site relocation application has been suspended or the terms of the suspension, or remanding the application to HPC for rehearing. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, § l(part): Code 1971, § 7-604) 26.72.050 Variances. The board of adjustment shall not take any action on a development application for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or development affecting a historic landmark property listed on the Inventory of Historic 38 Sites and Structures, without receiving a written recommendation from the HPC. (Ord. No. 21-1995, § l(part): Code 1971, § 7-605) 26.72.060 Minimum maintenance requirements. A. Purpose. The intent of this section is to reduce the incidence of "demolition by neglect." B. Requ'~rements. All buildings and structures identified in the inventory of historic Sites and structures as described in Section 26.76.090, and all structures located within a historic district, shall be maintained to meet the requirements of the Uniform Conservation Building Code (UCBC) and the Uniform Building Code CUBC). Said structures shall receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuaf~on or use in compliance with the terms of this chapter. Every owner or his designated agent in charge of such building or structure shall keep in good repair: 1. All of the exterior portions of such improvements. 2. All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. The historic preservation commission, on its own initiative, may file a petition with the chief building official requesting that said official proceed under the provisions of this section to require correction of defects or repairs to any structure covered by this chapter so that such structure shall be preserved and protected in consonance with the purpose of this chapter. C. Demonstration of hardship. Any owner of a structure identified in the inventory of historic sites and structures which HPC and the chief building official finds requires such maintenance and repairs as described in this section may make application requesting from the city council a one-time, no interest loan, in an amount not to exceed ten thousand dollars ($10,000.00), which the owner shall agree to pay back to the city within ten (10) years or when the property is sold or the title is transferred, whichever is the soonest. An extension of the payment period may be granted by the city council, following written request by the owner. To be eligible for the loan, the owner shall submit a written request to the community development director, which shall include a description of the proposed repairs necessary to maintain the historic structure and approximate costs for such repairs. The loan request shall also demonstrate economic hardship which previously prohibited these repairs and that the loan amount is the minimum necessary to maintained the stmcture. The loan request shall be considered by the city council. Any loan granted by the council shall be administered through the community development director, who shall · - obtain copies of bills from the owner substantiating all expenditures made to. maintain the structure with monies obtained from the loan. D. Penalties waived. The general penalties for violations of the Aspen Municipal Code contained in Chapter 1.04, Section 1.04.080, shall not apply to violations of these minimum maintenance requirements. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, § l(,part): Code 1971, § 7-606) 39 ASPEN PLANNING & ZONING COMMISSION OCTOBER 06, 1998 Muckenhirn felt there were two major design challenges; the street facing garage and the inflection. He said an ADU could be eliminated along with the parking. He requested feedback on that garage design. Tygre stated that it was clear the commission would not grant the variances; if more input would be needed from the commission, then a work session should be scheduled. Blaich reiterated that staff would be helpful. Buettow encouraged one driveway and stated the 5 standards for garages: off the alley, 10' back from the from of the building, facing the side (not the street), covered in the front, not front facing. PUBLIC HEARING: CODF, AMEN~I)MENT. SECTION 26.20.30, 26.52 and 26.72,ttlSTORIC PRESERVATION Jasmine Tygre opened the public hearing and requested proof of notice. Amy Guthrie, staff, stated the proof was published in the newspaper and would bring a copy to the deputy city clerk prior to the end of the meeting. This was done. Guthrie explained the historic and landmark public hearing process had conceptuaI and final review which allowed for neighborhood and public input. She said there was a distinction in the preservation process that existed and needed to be · corrected. Properties that were historic but not landmark, on the historic inventory, have a much different process. Generally their review consisted of a partial demolition without a public hearing, no requirement to review neighborhood compatibility which doesn't work. Guthrie stated these were the reasons for the code amendment before the commission. She apologized for the length of the amendment, but this followed the code eliminating the distinction between landmarks and non-landmarks. Now any property with historic significance will go through the same process. Guthrie noted if this was approved it would be effective immediately; if council did not overturn the approval. Ron Erickson asked when the number of properties changed. Julie Ann Woods stated the inventory was updated every five years. Guthrie explained that the property goes through HPC and P&Z public hearings and then to City Council to be adopted by ordinance. Roger Hunt expressed concern with the demolition standards, in particular that non-conformities had the ability to rebuild in setbacks. He questioned allowing the use of historic designation for non-conformities of an essentially new non- ASPEN PI,ANNING & ZONING COMMISSION OCTOBER 06,1998 historic building. Guthrie responded that was not specific to historic structures but the code stated a building could be demolished and re-built with the same non- conformities within a year. Guthrie said that issue was not addressed. Hunt stated the problem was with voluntary demolition not involuntary demolition with continuation of a non-conformity. He asked if this would be addressed in the demolition code. WoOds replied that would be addressed in the up-date of the land use code scheduled for the 1999 work program. She said that staff had recognized this problem showing the need for update of the code. Tygre asked if the voluntary demolition not continuing a non-conformity could be added onto this code amendment. Woods replied it could not because of noticing and that change would affect all zone districts. She said it would be proper to handle the change in the entire code amendment. Tim Semrau inquired about the feedback from the property owners. Guthrie answered there was no feedback from the public. She said the amendment was discussed at the symposium and HPC. Woods stated that as a result of the symposium, the inventory would be reviewed in a more comprehensive way. Hunt supported what Tygre said and since historic structures were more likely to have non-conformities, why not add the language now. Guthrie stated there was an urgency to this code amendment because there were 2 ItPC cases under the partial demolition review standards which were a problem on every project. She said it would be better to bring forward the non-conformities section as a code amendment separately from the HP code amendments. Bob Blaich stated that he would be in favor of that with fast action pending. Woods suggested P&Z move on this amendment now and request staff to bring, forward a code amendment on the non-conformities. Tim Mooney stated concern also about the code amendments. He said as the definition for historic structure was expanded, considering ski era buildings as historic, for example added to the possible exemptions to be considered. He said the entire incentive program should be reviewed. Guthrie stated there were copies of the symposium summaries available for anyone who wanted them. It was a wholesale look at the program. Woods stated they were looking at entire changes, No public comments. MOTION: Roger Hunt moved to forward a recommendation of approval to City Council for the proposed code amendments Section 9 ASPENPI ,ANNING & ZONING COMMISSION OCTOBER 06. 1998 26.20.30, 26.52 and 26.72 related to historic inventory properties, as described in "Exhibit B," of the memo provided from Amy Guthrie dated October 6, 1998, and incorporated into P&Z Resolution 98-30; moved to request Council direct staff regarding the voluntary demolition with continuance of non-conformities and review the incentive program for historic properties. Ron Erickson second. APPROVED 7:0. PUBLIC HEARING: 735 WEST BLEEKER - CONDITIONAL USE 2 - ADUs. SPECIAL REVIEW, LANDMARK Jasmine Tygre, Vice Chair, opened the public hearing and requested proof of notice. Amy Guthrie, staff, stated the notice was provided but the list was not. She said an HPC applicant was able to provide the notice the next day prior to 5 p.m. Tygre stated this was unfair and requirements had to apply equally to all applicants. The applicants, Drew Dolan and Rich Pasack stated the list was across the street at their office. Tygre asked the applicants to get the list prior to proceeding with the public hearing. Tygre stated there needed to be a more appropriate way to deal with this problem of providing proof of notice at the meeting. Julie Anne Woods and Jackie Lothian discussed the problem and Woods stated this would be dealt with at the staff level prior to meetings and public hearings. The public hearing resumed at 6:40 with proper notice and lists meeting jurisdictional requirements. Guthrie stated this had similarities to the last hearing but not the same areas of concern. It was a historic property behind the Christian Science building with an existing historic miner's cottage. The existing cottage was approximately t084 sf on an R-6 lot which had the potential to triple with an addition. Guthrie noted that was an inappropriate solution being over-scaled; the option of a duplex or 2 single family homes was a better solution as a conditional use. She said the original application had a duplex; HPC encouraged 2 detached units cutting down the scale. Guthrie stated there was no additional floor area permitted for this type of development. There was a required ADU in the basement of one unit and a requested voluntary ADU in the other unit. 10 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATION State of Colorado } SECTION 26.52.060 (E) L --~r~ C~c-_~ ,b~ingorre~presentingan AppLicant to the City of Aspen. personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060 (E) of the Aspen Land Use Regt~ations in the following manner. 1. By mailing of notice, a copy of which is areashed hemto. by first-class. postage prepaid U.S. Mail to all ownera of prOperty within three hundred (300) feet of the subject property, as indicated on the .nn~ched list, on the Dg, day of d'j,~,~d-~,-, 199_~which is ] c~ days prior to the public hearing date ofZ2~,. 2. By posting a sign in a conspicuous place on the subject property (as it could be A- ' seen from the nearest public way) and thor the said sign was posted and visible ~Lt---' ~-c'~''~ continuously from the day of ,199_. (Must be posted for (_/,9~.~ . at least ten (t0) full days before the hearing Mat,.). A photo.m'aph of the posted sign is attached hemto. (Attach photograph hem) Signature Si~med before me this ~--~J) day 'F~ct,~e,~ ,19~t~by Public RED BUTTE CEMETEK, ThE ASPEN INSTITUTE ..~C SAKPA JOHN G & JAN JONES STAPLETON JANE - C/O 1333 NEW HAMPSHIRE AVE NW STE SAP, PA DR JR &MARY 67 I~EMOND PL 1070 515 S GALENA ST SNOWMASS VILLAGE, CO 81615 WASHINGTON, DC 20036 ASPEN, CO 81611 FERGUSON JAMES L REED PRESLEY O FERGUSON ESTHER B AS JOINT FORD MERRILL M TENANTS PO BOX 445 REED PATRICIA PO BOX 1457 ASPEN, CO 81612 999 8TH ST BOULDER4 CO 80302 CHARLESTON, SC 29402 ASPEN INSTITUTE 1NC BELL MOUNTAIN PARTNERS LTD SAVANAH LIMITED PARTNERSHIP PO BOX 222 PARTNERSHIP ASPEN MEADOW LOT 7 222 N LAS SALLE STE 2000 1925 CENTURY PARK E STE 1900 QUEENTOWN, MD 21658 CHICAGO, IL 60601 LOS ANGELES, CA 90067 SAVANAH LIMITED PARTNERSHIP HORSEY SUSAN H BERGER BRUCE ASPEN MEADOW LOT 8 330 W GILLESPIE ST 960 CHIEROKEE 1925 CENTURY PARK E STE 1900 LOS ANGELES, CA 90067 ASPEN, CO 81611 DENVER, CO 80204 BECK NEIL H FINrKELSTEIN RICHARD & CARIA BECK PAMELA L AS TENANTS IN CRAIG CAROL G CAROLE C 50% COMMON PO BOX 18 9034 BURROUGHS RD 515 W GILLESPIE ST WOODY CREEK, CO 81656 LOS ANGELES, CA ASPEN, CO 81611 OAK LODGE LLC DAGGS JAMES K & GAY C/O WXLLIAM O HUNT ALTEMUS E A PARTNERSHIP LLLP 640 N 3RD ST PO BOX 7951 640 N 3RD ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 PHELPS MASON MAROLT MAXWELL S 201 S LAKE AVE STE 408 PO BOX 1013 PASADENA, CA 91101 ASPEN, CO 81612 609 CORPORATION THALBERG KATHARiNE A COLORADO CORPORATION HALL CHARLES L 434 W SMUGGLER ST PO BOX 1819 PO BOX 1819 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 HUGHES GAIL ASPEN HISTORIC COTTAGES LLC ISRAEL CHARLES B 302 E HOPKINS AVE 601 E HYMAN AVE #102 PO BOX 11689 ~PEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 STAPLETON DAVID E & DON N ZEISLER KARL CORDMAN LINDA K STAPLETON DARKELL L & SPEER ZEISLER JOAN C 10777 N 60TH ST BILLEE LOU 426 N SECOND ST OMAHA, NE 68152 1350 MOUNTAIN VIEW DR ASPEN, CO 81611 ASPEN, CO 81611 PO BOX 465 10777 N 60TH ST 25 POLO CLUB CIR ASPEN, CO 81612 OMAHA, NE 68152 DENVER, CO 80209 GONGDON THOMAS E &NOEL MANCLARK Q P RESIDENCE TRUST TRUSTEES OF THE GLENN SALLY RAE MANCLARK WILLIAM & DARLEEN GONGDON QUALIFIED PERSONAL 504 W HALLAM AVE TRUSTEES RES TRUST ASPEN, CO 81611 3 13 E BAY FRONT 1776 LINCOLN ST STE 1 I00 BALBOA ISLAND, CA 92662 DENVER, CO 80203 ALDER'WOOD SECURITIES LTD ASPEN CENTER FOR EMERSON LTD PACOR SECOMA SAM 248D ENVIRONMENTAL STUDIES SV~rEENEY C/O PRINCESS CHARLOTTE MC 98000 100 PUPPY SMITH ST 533 W HALLAM MONACO, ASPEN, CO 81611 ASPEN, CO 81611 DOLAN ANDREW C 50% COULTER G LYNNIE GRIFFITH ANGELINE M 735 W BLEEKER ST PO BOX L3 530 WALNUT ST ASPEN, CO 816I t ASPEN, CO 81612 ASPEN, CO 81611 JANSS MARY 1992 REVOCABLE KRUIDENIER DAVID & ELIZABETH S GRIFFITH ANGELINE M LIVING TRUST 1667 FAIRMONT BLVD 3409 SOUTHERN HILLS DR 530 WALNUT ST EUGENE, OR 97403 DES MOINES, IA 50321 ASPEN, CO 81611 DENKINS JAMES D GRIFFITH ANGELINE M BENNINGHOFF ESTHER PO BOX 718 4043 SHORE LN 530 WALNUT ST 233 W HALLAM AVE BOCA GRANDE, FL 33921 ASPEN, CO 81611 ASPEN, CO 81611 CROCKETT ANN R TRUSTEE OF THE GRIFFITH ANOELINE M SMART PAMELA PRICE'LIVING TRUST 530 WALNUT ST 335I WOODHAVEN RD 10898 MORA DR ASPEN, CO 81611 ATLANTA, GA 30305 LOS ALTOS HILLS, CA 94024 FROST MONA ILGEN EILEEN L &JACK D & ELOISE ANSON WESTON T &SUSAN BAILEY C/O CNB TRUST REAL ESTATE ILGEN IN JOINT TENANCY TRUSTEE OF CNDT2311 518 W MAIN ST ANSON FAMILY LIVING TRUST PO BOX 5168 ASPEN, CO 81611 PO BOX 8472 DENVER, CO 80217 LA JOLLA, CA BUSH ALAN DAVID & STEVEN KRUM'M DONALD PAUL BERR LLC 210 E HYMAN AVE STE 7 PO BOX 874 611 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 8161 YOUNG DENNIS & ANDREA DE WOLF NICHOLAS BERKO FERENC & MIRTE PO BOX 133 233 W BLEEKER ST PO BOX 360 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 F (' f r KET'II=LKAMP GRETTA M BROCKWAY LEXIE 3408 MORK!S AVE 7714 FISH:ER ISLAND DR PUEBLO, CO 81008 FISHER ISLAND, FL PEVEHOUSE DON D & ANN W WILLE O LOUIS & FRANCES BROWN ROBERT STICKLER & LYNETTE 32% INT SANDRA LEA PO BOX 7757 200 W MAIN ST 1115 20TH ST ASPEN, CO 81612 ASPEN, CO 81611 WEST DES MOINES, IA 50265 WATSON DIANE B PARZYBOK WILLIAM G JK ELDER NELS RErNHAKD ESTATE OF ELDER JANET C 121 W BLEEKER ST 11514 W OAKMONT DK 202 N MONARCH ST ASPEN, CO 81611 MUKILTEO, WA 98275 ASPEN, CO 81611-- GOLDSTEIN GERALD H & CI-{RISTFNE HAYES MARY ESHBAUGH TRUST CROSBY EWALD H S HAYES MARY ESHBAUGH TRUSTEE GETTMAN ROSA PO BOX 2045 PO BOX 497 325 S FOREST ST ASPEN, CO 81612 ASPEN, CO 81612 DENVER, CO 80222 FRANKEL KATHY REVOCABLE CHISHOLM EDITH 1/2 INT BARNETT SAUL H &SALLY A TRUST 205 W MAIN ST 200 W HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81611 534 WDICKENS CHICAGO, IL 60614 DODARO CHKISTINE M THALBERG KATHARINE MOORE ALBERTA L 930 MATCHLESS DR 221 E MAIN ST 0603 MAROON CRK RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 DEAN MARY EIvlMA PETERSON SHIRLEY H LIVING TRUST BECKER ALAN K PO BOX 8035 1909 E RIVER PKWAY PO BOX 119 ASPEN, CO 81612 MINNEAPOLIS, MN 55414 WOODY CREEK, CO 81656 KEY JOHN MULLINS MARGARET ANN SEIDER DENNIS J & LEAH E 6475 MI2MOSA LN 1909 FOREST PKWY 26642 LATIGO SHORE DR DALLAS, TX 75230 DENVER, CO 80220 MALIBU, CA 90265 BISHOP ALBERT &PEARL NPJ PARTNERS LLC LA COCINA INC 202 S GAKMISCH ST 317 PARK AVE PO BOX 4010 · ,ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 WIRTH PETER TARBET JOSEPH R WIRTH JANET B TARBET BARBARA P SANDS CASTLE LLC PO BOX 9525 980 GIBSON AVE 8258 E DEL CADENA ASPEN, CO 81612 ASPEN, CO 81611 SCOTTSDALE, AZ 85265 CONNER WARREN .t & CLAUDE CONNER MARGARET A M(4/20THS EACH) 534 E HOPKINS AVE ROSS HOWARD PO. BOX 114 534 E HOPKINS AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 BIBBIG DIETER WHEELER BLOCK BLrILDING LLC PO BOX 175 TKG MANAGEMENT INC C/O ASPEN, CO 81612 1001 CHERRY ST STE 308 COLUMBIA, MO 65201 WOODS RANSOM B JR & JUSTINE F BOGAERT FAMILY TRUST BIBBIG DIETER PO BOX 12288 PO BOX 1166 PO BOX 175 ASPEN, CO 1~1612 ASPEN, CO 81612 ASPEN, CO 81612 WALTON W R OKIE THEODORE E &KATHERINE S KOUTSOUBOS TED A PO BOX 665 7t9 E HOPKINS AVE 419 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 KOUTSOUBOS TED A KOUTSOUBOS TED A KOUTSOUBOS TED A 419EHYMANAVE 419EHYMANAVE 419EHYMANAVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 LANE WILLIAM HENRY KOUTSOUBOS TED A KOUTSOUBOS TED A PO BOX 346 419 E HYMAN AVE 419 E HYMAN AVE ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611 KOUTSOUBOS TED A KOUTSOLrBOS TED A KOUTSOUBOS TED A 419 E HYMAN AVE 419 E HYMAN AVE 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KOUTSOUBOS TED A KOUTSOUBOS TED A KOUTSOUBOS TED A 419EHYMANAVE 419EHYMANAVE 419EHYMANAVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KOUTSOUBOS TED A KOUTSOUBOS TED A KOUTSOUBOS TED A 419 E HYMAN AVE 419 E HY1vIAN AVE 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KOUTSOUBOS TED A GATES JOHN S KOUTSOUBOS TED A 419 E HYMAN AVE 811 E HOPKINS AVE 419 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GATES JOHN S KOUTSOUBOS THEODORE A KOUTSOUBOS THEODORE A 811 E HOPKINS AVE 419 E HYMAN AVE 4t9 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 KOUTSOUBOS TED A KOUTSOUBOS TED A MOONEY TIMOTHY 419 E HYMAN AVE 419 E HYMAN AVE PO BOX 8931 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612 SPARLING JOAN MARGUERITE HYMAN STREET LLC TRUST PIERCE ANITA M 3201 S TAMARAC DR STE 200 SPARLING JOAN MARGUERITE AS PO BOX 3202 DENVER, CO 80213 TRUSTEE ASPEN, CO 81612 300 PUPPY 'SMITH ST #205-220 ASPEN, CO 81611 MARX LAWRENCE TOWER CHARLES D RYMEK PATRICIA A PO BOX 7915 PO BOX 3014 PO BOX 1737 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 CALDWELL KARl A JUAN STREET HOUSING COMMON BAILEY LILIANN E & CALDWELL GRANT L AREA BAILEY BKIAN L AS JT TENANTS 107 JUAN ST ASPEN/PITYjN COUNTY HOUSING 117 RJAN ST ASPEN, CO AUTHORITY ASPEN, CO 81611 530 E MAIN ST ASPEN, CO 81611 FLETCHER KAREN K & CHRISTENSEN CINDY MCCAKTNEY CHARLES H FLETCF[ER JAY R AS JT TENANTS 109 JUAN STREET PO BOX 3476 PO BOX 12106 ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81612 CUMNOCK CHERYL L & CUMNOCK ROBERT E AS JT MURRAY JOYCE K PEARLSTEIN DAVID BLUEFIELD TENANTS PO BOX 352 1006 E COOPER AVE 115 JUAN STREET ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO ART REALTY MERANZE ARLENE LUM SUSAN C/O MARK TYE 6234 PIDCOCK CREEK RD PO BOX 1571 HEW HOPE, PA 18938 ASPEN, CO 81612 PO BOX 8992 ASPEN, CO 81612 COLLIN STEVE 400 MC SKIMMING KID ASPEN, CO 81611 ASPEN GROVE CEMETARY ASSOC C/O MARKALUNAS RAMONA 624 NORTH ST ASPEN, CO 81611 V~ISE MARY CDH UTE CO 1280 UTE AVE 1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81611 CDH UTE CO CHESLEY PAUL A CDH UTE CO A COLORADO CORP 1280 UTE AVE STE 5 PO BOX 94 1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 FALLIN KICHARD ALDEN FALLIN RICHARD ALDEN WISE MARY FALLIN PAT FINLEY FALLIN PAT FINLEY 1280 UTE AVE 905 CHATFIELD KID 905 CHATFIELD RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 FALLIN RICHARD ALDEN WISE MARY Ol 1~ MIKE 60% INT FALLIN PAT FrNLEY t280 UTEAVE 1280 UTE AVE 905 CHATFIELD RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 OTTE MIKE 60% INT WISE MARY O£ 1~ MIKE 60% INT 1280 UTE AVE 1280 UTE AVE 1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 .. SALVADORE TERESA Oi IE MIKE 60% INT O'I'IE MIKE 60% INT 0129 FREE SILVER CT 1280 UTEAVE 1280 UTEAVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 GIBSON DYLAN J GIBSON DYLAN J 1280 UTE AVE 1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81611 GORDON MARIE FABIENNE GIBSON DYI.,AN J IESSEMIE BENEDICT 1280 UTE AVE 1452 CRYSTAL LAKE RD ASPEN, CO 81611 ASPEN, CO 81611 LEFKOWITZ BAP,,KY AND NORDIN Ol 1t: MIKE 60% INT O'1 ii~ MIKE 60% INT MONIQUE 1280 UTE AVE 1280 UTE AVE HORN MICHAEL AND HORN ASPEN, CO 81611 ASPEN. CO 81611 P.O. BOX 10973 ASPEN, CO 8161'2 REESE JOHN W FALLIN RICHARD ALDEN WISE HUGH D III BEHRHORST DAVID G AS TEN IN 0252 HEATHER LN FALLIN PAT FINLEY COMMON 905 CHATFIELD RD 1280 UTE AVE ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ...ABIENNE .. "' ·. C/O HOLLAND & HAKT ATTN ART D,~ILY 600 E MAIN ST ASPEN, CO 81611 PUBLIC NO t ICE · lIE: CITY OF ASPEN CODE ANiENDMENT NOTICE IS H]~REBY GIVEN that a public heating will be held on Monday, January I I, 1999 at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an amendmere to Sections 26.20, 26.52. and 26.72 of the Aspen Municipal Code, regarding review ofpropetties listed on the "Inventory 0fHistoric Sites and · Structures." For further information, contact Amy Guthrie at the AsperffPitkin Communiw' Development Department, 130 S. Galena St., Aspen, CO (.970) 920-5096, amYg@ci.aspe'n. co.us. s/John Bennett. Mayor Aspen City Council. Published in the Aspen Times on December 26, 1998 City of Aspen Account ORDINANCE NO. 44 (Series of 1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION :26.:20.030 POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION, SECTION 26.5:2 COMMON DEVELOPMENT REVIEW PROCEDURES, AND SECTION :26.72 DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR INVOLVING THE INWENTORY OF HISTORIC SITES AND STRUCTURES WHEREAS, The Community Development Department received from the Historic Preservation Commission a recommendation for an amendment to the land use regulations, regarding certain text amendments to Chapter 26 relating to Section 26.20.030 Powers and Duties of the Historic Preservation Commission, Section 26.52 Common Development Review Procedures, and Section 26.72 Development in an "H," Historic Overlay District, or involving the Inventory of Historic Sites and Structures; and WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Community Development Department reviewed the proposal and recommended approval; and V~rltEREAS, the Planning and Zoning Commission reviewed the application at a prope~y noticed public hearing on October 6, 1998, at which the Commission approved the proposed text amendment by a vote of 7-0; and WHEREAS, the City Council finds that the text amendment as proposed is consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal Code and meets the review standards of Section 26.92.010. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That Section 26.20.030 Powers and Duties of the Historic Preservation Commission shall be amended to read as follows: 26.20.030 Powers and duties. The historic preservation commission (HPC) shall have the following powers and duties: A. Recommendation of approval or disapproval to the commission and the city council of the designation of H, Historic Overlay District or Historic Landmark, under Chapter 26.76; B. Review and approval, approval with conditions, suspension or disapproval of development with the H, Historic Overlay District or development involving properties listed on the Inventory of Historic Sites and Structures, under Chapter 26.72; C. Review and approval, approval with conditions, suspension or disapproval of demolition, partial demolition, on-site, off-site, or temporary or relocation involving properties listed on the Inventory of Historic Sites and Structures, as periodically amended under Chapter 26.72; D. 'Periodic evaluation of the inventory of Historic Sites and Structures, under Chapter 26.72; E. Recommendation of approval, approval with conditions, or disapproval to the board of adjustment on a request for variance in the H, Historic Overlay District or involving properties listed on the Inventory of Historic Sites and Structures, under Chapter 26.72; F. Recommendation of the ci,ty council of Historic DisPel and Historic Landmark Development Guidelines, under Chapter 26.72; G. Recommendation to the commission to initiate amendments to this chapter; and H. To hear and approve, approve with conditions, or disapprove variations under Chapter 26.72. (Ord. No. 60-1989, § 1: Code 1971, § 4-403) Section 2: That Section 26.52 Common Development Review Procedures shall be amended to read as follows: Chapter 26.52 COMMON DEVELOPMENT REVIEW PROCEDURES Sections: 26.52.010 General. 26.52.020 Pre-application conference. 26.52.030 Application and fees. 26.52.040 Initiation of development application. 26.52.050 Determination of completeness and review by the planning director. 26.52.060 Review of a development application by decision-making bodies. 26.52.070 Certificate of compliance and building permit issuance. 26.52.080 Vested property rights. 26.52.010 General. Chapter 26.52 sets out the common procedures for review of all development applications. These common procedures apply to the following types of land development processes in the City of Aspen: Permitted uses (Chapter 26.56), conditional uses (Chapter 26.60), development subject to special review (Chapter 26.64), development in envir0nmentally sensitive areas (ESA) (Chapter 26.68), development or demolition in H, Historic Overlay Districts or of properties included on the Inventory of Historic Sites and. Structures (Chapter 26.72), designation of H, Historic Overlay Districts or Historic Landmarks (Chapter 26.76), development in or designation of specially planned areas (SPA) (Chapter 26.80), planned unit developments (PUD) (Chapter 26.84), subdivision review (Chapter 26.88), review of amendments to the text of this chapter or the official zone district map (Chapter 26.92), and growth management quota system (GMQS) review (Chapter 26.100). Generally, for proposed development that is subject to these provisions, the process of development follows five (5) stages: (1) A pre-application conference between the applicant and the planning agency staff; (2) submission of the development application and fees by the applicant; (3) determination of completeness and review of the development application by the plarming director; (4) review of the development application by the relevant decision-making body; and upon approval of the development application, (5) receipt of a building permit. These common development review procedures are organized consistently with this process. A chart depicting the common development review procedures can be found in Figure 6-101. By far, the most lengthy and important of these five (5) stages is the review of the development application by the relevant decision-making body or bodies. In instances where the proposed development is simple and its potential effect on substantive land use policy in the city relatively insignificant, the review procedure is expedited. Where the proposed development is more complex and has a significant effect on substantive land use policy, the review procedure is more complicated and lengthy. A chart focusing on the review of a development application by the relevant decision-making body or bodies is found in Figure 6-102. The development review procedures are also summarized in Table 6-101. The Provisions of General Applicability established in this chapter apply to all these development applications and include procedures for pre-application conference, application and fees, initiation of application, determination of completeness, review, heating, decision-making, public notice, building permit issuance and vested property rights. Unless otherwise stated, all development applications are subject to these common review procedures. However, development which is as of right is only subject to the building permit stage of revie~v. All other substantive development review standards and special procedures requirements which vary from those general requirements are found in Chapters 26.56 through 26.96 or Chapter 26.100, where they are applicable. FIGURE 6-101: PROCESS OF DEVELOPMENT REVIEW 3 Pre-application Conference Submission of Development Application Determination of Completeness of Development Application Review of Development Application Receipt of Building Permit FIGURE 6-102: DEVELOPMENT APPLICATIONS REQUIRING NO STEPS: 1. PERMITTED USES: a. Reviewed by Planning Agency Staff. b. No public hearing required. 2. EXEMPT HISTORIC DEVELOPMENT: a.Reviewed by Planning Agency Staff. No public hearing required. 3. EXEMPT ESA DEVELOPMENTL a. Reviewed by Planning Agency Staff. b. No public hearing required. 4. EXEMPT GMQS DEVELOPMENT: a. Reviewed by Planning Agency Staff. b. No public hearing required. DEVELOPMENT APPLICATIONS REQUIRING ONE STEP: 1. CONDITIONAL USE: a. Reviewed b3; Planning and Zoning Commission. b. Public hearing required. 2. SPECIAL REVIEW: 4 a. Reviewed by Planning and Zoning Commission. b. No public hearing required. 3. ESA: a. Reviewed by Planning and Zoning Commission. b. No public heating required. 4. EXEMPT GMQS: a. Reviewed by Planning and Zoning Commission. b. No public hearing required. 5. SUBDIVISION EXEMPTIONS: a. Reviewed by City Council. b. No public hearing required except for lot splits. 6. MINOR DEVELOPMENT OF A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT: a. Reviewed by Historic Preservation Commission. b. No public hearing required. 7. DEMOLITION, PARTIAL DEMOLITION, OR RELOCATION OF A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN A HISTORIC DISTRICT: a. Reviewed by Historic Preservation Commission. b. Public hearing required for demolition and off-site relocation. DEVELOPMENT APPLICATIONS REQUIRING TWO STEPS: 1. GMQS: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before Planning and Zoning Commission. c. May be consolidated with a conditional use application, a special review application, and/or an ESA application before the Planning and Zoning CommisSion and with subdivision exemption application before the City Council. 2. TEXT OR MAP AMENDMENT: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before both Planning and ZOning Commission and City Council. 3. GMQS EXEMPTIONS: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. No public hearing required. 4. SUBDIVISION REVIEW: a. Reviewed by: (1) Planning and Zoning Commission (refer to note 1 below), and (2) City Council (refer to note 2 below). b. Public hearing required before Planning and Zoning commission. 5. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC DISTRICT: a. Reviewed by: (1) Historic Preservation Commission (for conceptual review), and (2) Historic Preservation Commission (for final review). 6 b. Public hearing required for the conceptual review. DEVELOPMENT APPLICATIONS REQUIRING THREE STEPS 1. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT: a. Reviewed by: (1) Historic Preservation Commission, and (2) Planning and Zoning Commission (refer to notes 1 and 3 below), and (3) City Council (refer to notes 2 and 3 below). b. Public hearing required for Historic Preservation Commission, Planning and Zoning Commission, and City Council. c. May be consolidated with a conditional use application, a special review application, an ESA application, and/or a GMQS exemption application before the Planning and Zoning Commission. May be consolidated with a GMQS exemption application and/or a subdivision exemption application before City Council. DEVELOPMENT APPLICATIONS REQUIRING FOUR STEPS: 1. SPA or PUD: a. Reviewed by: (1) Planning and Zoning Commission (for conceptual), and (2) City Council (for conceptual), and (3) Planning and Zoning Commission (for final) (refer to notes 1 and 3 below), and (4) City Council (for final) (refer to notes 2 and 3 below). b. Public hearing required for City Council (at conceptual) and Planning and Zoning Commission (for final). c. May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, conditional use application, special review application, and/or ESA application before · ' Planning and Zoning Commission (for final). May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, and/or subdivision exemption application before City Council (for final). DEVELOPMENT APPLICATIONS REQUIRING SIX STEPS: 7 1. SIGNIFICANT DEVELOPMENT OF A PROPERTY LISTED ON THE INVENTORY OF HISTORIC SITES AND STRUCTURES OR IN HISTORIC DISTRICT IN CONJUNCTION WITH SPA OR PUD: a. Reviewed by: · (1) Historic Preservation Commission (for conceptual), and (2) Planning and Zoning Commission (for conceptual PUD or SPA), and (3) City Council (for conceptual PUD or SPA), and (4) Historic Preservation Commission (for final), and (5) Planning and Zoning Commission (for final PUD or SPA) (refer to notes 1 and 3 below), and (6) City Council (for final PUD or SPA) (refer to notes 2 and 3 below). b. Public hearing required at Historic Preservation Commission (for conceptual), City Council (for conceptual PUD or SPA), and Planning and Zoning Commission (for final PUD or SPA). c. May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, conditional use application, special review application, and/or ESA application before Planning and Zoning Commission (for final PUD or SPA). May be consolidated with GMQS application, GMQS exemption application, subdivision review application, text or map amendment application, and/or subdivision exemption application before City Council (for final PUD or SPA). NOTES: 1. One step Commission applications can be reviewed concurrently with a two, three, four or six step application at the step identified in the process. 2. One step Council applications can be reviewed concurrently with a two, three, four or six step application at the step identified in the process. 3. Two Step Commission/Council applications can be reviewed concurrently with a three, four or six step application at the step identified in the process. ABBREVIATIONS: ESA means Environmentally Sensitive Areas. GMQS means Growth Management Quota System. PUD means Planned Unit Development. SPA means Specially Planned Area. TABLE 6-101: SUMMARY OF DEVELOPMENT REVIEW PROCEDURES Type of Number of Steps Review Public Consolidate With Development In Process Entity Hearing? Other Apps? Application When. When. Permitted Uses None Planning No No Agency Exempt Development Staff Historic ESA GMQS Conditional Use One Commission Yes--At step 1 No Special Review Commission No No ESA Commission No No GMQS Commission No No Subdivision One Council No--except lot No Exemptions splits at Step 1 Minor DevelopmentOne HPC Yes--For No of a property listed on Demolition Only the Inventory of Histori~ at Step 1 Sites and Structures or in historic district GMQS Two Commission/Yes--At step 1 Yes--Conditional Council Use at Step 1 9 Text or Map Commission/Yes--At Step Special Review at Amendment Council 1 & 2 Step 1 GMQS Exemptions Commission/No ESA at Council Step 1 Subdivision Commission/Yes- At Step 1 Subdivision Review Council Exemption at Step 2 GMQS Commission/Yes--At Step 1 Subdivision Exemptions Council Exemption at Step 2 Significant Two HPC/HPC Yes--At Step 1 No development of a propert>, listed on the Inventory of Historic Sites and Structures or in historic district Designate historic Three HPC/ ' Yes--At Step Yes--Conditional landmark or district Commission/2 and 3 Use at Step 2 Council, Special Review at Step 2, ESA at Step 2, GMQS Exemption at Step 2&3, Subdivision Exemption at Step 3 SPA or PUD Four Commission/Yes--At Step Yes--GMQS Council 2 and 3 and/or GMQS exemption at Step 3& 4, Subdivision Review at Step 3 & 4, Text or map amend at Step 3 & 4, Conditional Use at Step 3, Special Review at 10 Step 3, ESA at - Step 3, Subdivision Exemption at Step 4 Significant Six HPC/ Yes--At Step Yes--GMQS Development of Commission/1, 3, and 5 GMQs and/or a property listed on Council GMQS exempt. the Inventory of at Step 5&6, Historic Sites and Subdivision Structures or in Historic Review at Step District in conjunction with 5&6, Text SPA, or PUD or map amend at Steps 5&6, Con& Use at Step 5, Special Review at step 5, ESA at Step 5, Subdivision Exemption at Step 6 (Code 1971, § 6-101) 26.52.020 Pre-lpplication conference. A. General. Prior to formal filing of a development application, it is recommended that an applicant confer with the staff of the planning agency to obtain information and guidance. The purpose of such a conference is to permit the applicant, the planning director and the planning agency staff to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the submission of an application. B. Issues of discussion. Issues that may be discussed at the pr~-application conference, may include, but are not limited to the following: 1. Proposed development. The applicant should describe the general nature of the proposed development, including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of Common open space or treatment of public uses; preservation of natural features; preservation of historic structures and landmarks; protection of environmentally sensitive areas; proposed off-street parking and imemal traffic Circulation; and total ground coverage of paved areas and structures. 2. Review procedure. The planning agency staff should identify procedural review requirements for the proposed development, and applicable review standards and 11 terms of this title that apply to the review of the proposed development. This should include identifying those stages of the common review procedure which apply, which decision-making body or bodies will review the development application, and the approximate length of the development review procedure. 3. Referral agencies. The planning agency staff should identify the city, state, and federal agencies that are required to review the proposed development, provide the applicant with persons at these agencies m contact about review procedures, and generally describe the information which will be needed to satisfy the concerns of the relevant city, state, and federal agencies. 4. Application contents. The planning agency staff should establish the contents of the development application required to be submitted for the proposed development. This should include descriptions of the types of reports and drawings required, the general form which the development application should take, and the - information which should be contained within the application. 5. Application copies and fee. The planning agency staff should identify the number of copies of the development application that is required to be submitted for the proposed development, along with the amount of the fee needed to defray the cost of processing the application, and the number of hours of staff review time associated with the fee. At the conclusion of the conference, the applicants will be presented with a x~Titten summary of the meeting. One copy of this written summary should be submitted back to the planning agency at the time of submission of the development application. (Code 1971, § 6-201) 26.52.030 Application and fees. A. General. A development application shall be submitted in the form, and shall include the information and materials specified for that application in this section, and Chapters 26.56 through 26.96 and Chapter 26.100, if additional information is required. The development application shall be accompanied by a fee, as is established from time to time by the city council, to defray the cost of processing the application. B. Application. All development applications shall include, at a minimum, the following information and materials. 1. The applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's fight to apply for the DevelOpment Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 12 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey documem.) 6. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. C. Consolidation of applications. If an applicant has requested the consolidation of development applications, the director shall waive any overlapping application submission requirements in the consolidated development application. D. Copyrighted materials. The City of ASpen will not accept for development application or rec0rdation purposes any materials to which copyright applications have been made unless the applicant shall waive all claims and indemnify the city. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part of a development application may be utilized by the city in any manner deemed necessary, including, but not limited to, recording at the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. (Ord. No. 6-1989, § 8; Ord. No. 56-1994, § 12: Code 1971, § 6-202) 26.52.040 Initiation of development application. A development application may be initiated by over fifty (50) percent of the owners of real property of a proposeddevelopment. In addition, the city council or the commission may initiate a development application to amend the text of this chapter or the official zone district map (Chapter 26.92) or to designate a specially planned area (SPA) (Chapter 26.80), and the city council, commission, or HPC may initiate a development application to designate a H, Historic Overlay District or historic landmark (Chapter 26.76). (Code 1971, § 6-203) 26.52.050 Determination of completeness and review by the planning director. A. Determination of completeness. 1. Submission. In order to initiate a development application, an applicant shall submit to the planning director the number of copies of the application, containing that information agreed upon in the pre-applieation conference or required by the relevant provisions of this title, and accompanied by the application fee. 2. Determinafmn of completeness. After a development application has been received, the planning director shall deterre'me whether the application is complete. If the planning director deterre'rues that the application' is not complete, written notice shall be served on the applicant specifying the deficiencies. The plarming director shall take no further action on the application unless the deficiencies are remedied. If the application is determ'med to be complete, the planning director shall notify the applicant of its completeness. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this chapter. B. Review and recommendation by planning director. 1. Comments on application from city staff. When the development application is determined complete by the planning director, copies shall be distributed to 13 appropriate city staff persons, department. s and referral agencies. Any comments shall be returned to the planning director prior to submitting a recommendation to the applicable decision-making body. 2. Report and recommendation. The planning director shall compile all comments and recommendations from appropriate city staff persons, departments, and referral agencies, and shall make a written report and recommendation to the appropriate decision-making body on the development application. The written report and recommendation shall state whether the application conforms to the review standards pertaining to the relevant development approval sought, and whether it should be approved, approved with conditions, or disapproved. The planning director shall attach any referral agency comments to the report and recommendation. C. Setting the hearing. After the planning director determines that a development application is complete and a report and recommendation is completed, the planning director shall establish a place and time certain for the hearing, if required, on the development application, pursuant to the requirements of this section. If the hearing is a public hearing required to be noticed, the planning director shall cause public notice to be given pursuant to the procedure and requirements established in Section 26.52.060(E). (Code 1971, § 6-204) 26.52.060 Review of a development application by decision-making bodies. The following review, hearing, and notice procedures and requirements apply to the review of a development application by the relevant decision-making bodies. A. Review procedures. A development application, depending on what types of development order it requests, shall be subject to one of the nine (9) review procedures outlined below. 1. Planning agency staff review: Permitted uses, exemptions of development in H Historic Overlay District and/or of a property listed on the Inventory of Historic Sites and Structures, environmentally sensitive area (ESA), GMQS allotments, and subdivision exemption for a lot line adjustment. a. General. Review and approval of a development application for permitted uses (Chapter 26.56) shall be made by the planning agency staff in the form of a certificate of zoning compliance issued to the chief building official. Review and determination of exemptions for development in the H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures(Chapter 26.72), in environmentally sensitive areas (ESA) (Chapter 26.68) or for certain GMQS Allotments (Chapter 26.100) shall be determined by the planning director. b. Permitted uses. A development application for a permitted use shall be reviewed and approved, approved with conditions, or disapproved by the chief building official pursuant to the terms and standards established in Section 26.56.020. c. Exemptions of development in H, Historic Overlay District and/or of a property listed on the Inventory of Historic Sites and Structures. Exemption of development in the H, Historic Overlay District and/or of a property listed on the Inventory of Historic Sites and Structures shall be granted by the planning director pursuant to the terms and standards established in Section 26.72.010(C). 14 d. Exemption of development from review in environmentally sensitive area. Exemption of development from review in environmentally sensitive areas shall be granted by the planning director pursuant to Section 26.68.030(B), 26.68.040(B) or 26.68.050(B). e. Exemptions of development from growth management quota system (GMQS) allotment. Exemption of certain development from growth management quota system (GMQS) allotment shall be granted by the planning director pursuant to the terms established in Section 26.100.040(A). f. Exemption from Subdivision for Lot Line Adjustments. Exemption of development from the terms of subdivision for lot line adjustments shall be granted by the Planning Director pursuant to the terms established in Section 26.88.030(A)(1) 2. One-step commission review: Development application for conditional uses, special review, and in environmentally sensitive area (ESA) requiring consolidation with no other development application or exemption of certain development under GMQS. A development application for conditional uses (Chapter 26.60), development subject to special review (Chapter 26.64), and development in an environmentally sensitive area (ESA) (Chapter 26.68) requiring consolidation with no other Development Application and exemption of Certain development from GMQS pursuant to Section 26.100.040(B) shall be reviewed by the commission pursuant to the following procedures. a. Public heating by the commission for conditional uses. After receipt of the written report and recommendation of the planning director for a conditional use (Chapter 26.60), the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards for a conditional use (Section 26.60.040), and shall issue a development order approving, approving with conditions, or disapproving the application. b. Hearing by the commission for special review and ESA, and GMQS exemption. After receipt of the written report and recommendations of the planning director for development subject to special review (Chapter 26.64), development in environmentally sensitive areas (ESA) (Chapter 26.68), or for a GMQS exemption pursuant to Section 26.100.040(B), the commission shall hold a hearing to review the application. At the conclusion of the hearing, the commission shall determine if the development application meets the standards for special review (Section 26.64.040), ESA (Section 26.68.030 through 26.68.050), or GMQS exemption (Section 26.100.040(B)), whichever is applicable, and shall issue a development order approving, approving with conditions, or disapproving the application, or exempting the development from GMQS. 3. One-step HPC review: Development application for minor development or demolition in a H, Historic Overlay District or of a property listed on the Inventory of · ' Historic Sites and Structures requiring consolidation with no other development application. A development application for minor development or demolition in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sims and Structures(Chapter 26.72) only shall be reviewed by the HPC pursuant to the following procedures. 15 a. Hearing by HPC for minor development. After receipt of the written report and recommendations of the planning director for minor development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the application. At the conclusion of the hearing, the HPC shall determine if the development application meets the standards of Section 26.72.010(D), and shall adopt a development order approving, approving with conditions, or denying the application. b. Public hearing by HPC for Demolition in H Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures. After receipt of the written report and recommendation of the planning director for demolition of a structure in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the HPC shall determine if the development application meets the standards of Section 26.72.020(B), and shall adopt a development order approving, approving with conditions, or disapproving the application. 4. On-step council review: Development application. for subdivision exemption requiring consolidation with no other development application. A development application for subdivision exemption only (Chapter 26.88 ~ shall be reviewed by the city council pursuant to the following procedures. a. Hearing by council for subdivision exemption. After recei ~t of the ~itten report and recommendation of the planning director for subdivision exemption, the council shall hold a hearing to review the application, unless the application shall be for a lot split, which shall require a public heating for which notice has been provided pursuant to Section 26.52.060CE~. At the conclusion of the hearing or public hearing, as applicable, the council shall determine if the application meets the standards of Section 26.88.030, and shall adopt a development order approving, approving with conditions or denying the application. 5. Two-step commission and city council review: Growth management quota system (GMQS) allonnent; subdivision review; amendment to the text of this title or the official zone district map; and certain GMQS exemptions. Review and approval of a development application for growth management quota system (GMQS) allotment (Chapter 26.100), subdivision review, amendment to the text of this title or the official zone district map and certain GMQS exemptions require review by the commission and a final decision by the city council and may be consolidated with a development application for a conditional use, special review or ESA. a. GMQS allotment for a permitted use. (1) Public heating by commission. After receipt of the written report and recommendations of the planning director for GMQS scoring for a permitted use, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the cormmission shall determine the points accumulated by the application pursuant to the standards of Section 26.100.060CE), (F) or (G), whichever is applicable, and shall forward the score to the city council. 16 (2) Hearing by city council. Upon receipt of the recommendation of the scoring of the development application by the commission, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank. b. GMQS allotment consolidated with other development applications; amendment to the text of this title or official zone district map or subdivision review or certain GMQS exemptions alone. (1) Public hearings by commission. After receipt of the written report and recommendations of the planning director for a development application for GMQS scoring in conjunction with a development application for a conditional use, special review, ESA, subdivision review or amendment to the text of this title or official zone district map, or amendment to the text of this title or official zone district map or subdivision review or certain GMQS exemptions alone, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68.050 for ESA, 26.88.040(c) for subdivision or Section 26.92.020 for an amendment to the text of this title or the official zone district map, whichever is applicable. The commission shall adopt a development order approving, approving with conditions, or denying that part of the application pertaining to conditional uses, special review and ESA, subject to approval by the city council of the GMQS allotment for the application. The commission shall recommend approval, approval with conditions or disapproval of the application for subdivision review or for amendment to the text of this title or the official zone district map or .for certain exemptions from GMQS. Concurrently, the commission shall determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score to the city council. If a development application for a GMQS exemption is heard alone, the~:e shall be no requirement for a public hearing. (2) Hearing/public hearing by city council. Having received the recommendation of the scoring of the development application by the commission, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank. If a development application for an amendment to the text of this title or the official zone district map is consolidated with a GMQS application, or is heard alone, the city council shall consider the consolidated applications at a public hearing, after public notice pursuant to Section 26.52.060(E). If a development application for subdivision review or a GMQS exemption is heard alone, there shall be no requirement for a public hearing. 6. Two-step HPC review: Development applications for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sims and Structures requiring consolidation with no other development application. Review and approval of a development application for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures only requires review and approval of a conceptual 17 development plan by the HPC and review and approval of a final development plan by the HPC. a. Public hearing on conceptual development plan by HPC. After receipt of the written report and recommendation of the planning director for a conceptual development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, the HPC, after public notice pursuant to 'Section 26.52.060(E), shall hold a public heating to review the application. At the conclusion of the public heating, the HPC shall determine if the development application meets the standards Of Section 26.72.010(D), and shall approve, approve with conditions, or deny the conceptual development plan. b. Hearing for review of final development plan by HPC. After receipt of the wri~en report and recommendation of the planning director for a final development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the final development plan. At the conclusion of the hearing the HPC shall consider the recommendation of the planning director, determine if the final development plan is consistent with the conceptual development plan, determine if the final development plan meets the standards of Section 26.72.010(D), and adopt a development order approving, approving with conditions, or disapproving the application. 7. Three-step HPC, commission, and city council review: Designation of H, Historic Overlay District or historic landmark. Review and approval of a development · application for designation of a H, Historic Overlay District, or of a historic landmark requires review and recommendation by the HPC and commission, and a final decision by the city council pursuant to the following terms and procedures. a. Hearing by HPC. After receipt of the written report and recommendations of the planning director regarding a development application for designation, amendment, or rescission of H, Historic Overlay District or of a historic landmark designation, the HPC shall hold a hearing to review the application. At the conclusion of the hearing, the HPC shall determine if the development application meets the standards of Section 26.76.020, and shall recommend that a development order be adopted approving, . approving with conditions, or disapproving the application. b. Public hearing by the commission. After recommendation of the development application by the HPC, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the commission shall determine if the development application meets the standards of Section 26.76.020, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or disapproving the application. Also, if applicable, the commission shall concttrrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, Section 26.68.030 through 26.68,050 for ESA, or Section 26.100,040 for certain GMQS exemptions and shall adopt a development order approving, approving with conditions, or disapproving that part of the application pertaining to conditional uses, special review, ESA, and GMQS exemptions subject to approval by the city council of the development application designating the property. 18 c. Public heating by city council. After recommendation on the development application by the commission, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the application. At the conclusion of the public hearing, the city council shall consider the recommendations of the planning director, the HI'C, and the commission, determine if the development application meets the standards of Section 26.76.020, and adopt a development order approving, approving with conditions, or disapproving the application. If applicable, the council shall also determine if the application meets the standards of Section 26.100.040. 8. Four-step commission and council review: SPA or PUD only; SPA or PUD consolidated with other development applications. Review and approval of a development application for SPA or PUD, by themselves, or in conjunction with development applications for GMQS and GMQS exemption or conditional uses, special review, ESA, subdivision review or an amendment to the text of this title or the official zone district map, require review and approval under a four-step process involving review and approval of a conceptual development plan by the commission and city council, and review and approval of a final development plan by the commission and city council. a. Conceptual development plan review by the commission. After receipt of the written report and recommendation of the planning director for a development application for conceptual development plan approval, the commission shall hold a hearing to review the conceptual development plan. At the conclusion of the hearing, the commission shall recommend approval, approval with conditions, or denial of the conceptual development plan pursuant to Section 26.80.040(B) or Section 26.84.030(B), or whichever is applicable. The recommendation shall then be forwarded to the city council for its review. If the development application is being considered as part of a consolidated review process with development applications for GMQS or GMQS exemption, subdivision review, an amendment to the text of this title or the official zone district map, or conditional use, special review, or ESA, initial review of these applications will not be heard until the commission and city council consider the final development plan. Provided, however, that at the request of the applicant, an amendment to the text or this title or the official zone district map may be considered in conjunction with conceptual development plan review, but final actions on such development applications shall not be taken until review and approval of the final development plan is undertaken. b. Conceptual development plan review by city council. After receipt of the recommendations of the commission for a development application for the conceptual development plan, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the conceptual development plan. At the conclusion of the hearing, the city council shall approve, approve with conditions, or disapprove the conceptual development plan pursuant to Section 26.80.040CB) or Section 26.84.030(B), whichever is applicable. c. Review of final development plan and other consolidated development applications by the commission. Within one year of approval by the city council of a · conceptual development plan, a development application shall be submitted for a final development plan or the development order for the conceptual development plan shall automatically expire. After receipt of the written report and recommendation on the final 19 development plan from the planning director, the commission, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review that part of the application pertaining to the final development plan, and if applicable, development applications for GMQS scoring or exemption, an amendment to the text of this title or the official zone district map, or conditional use, special review, and ESA. At the conclusion of the hearing, the commission shall determine if the final development plan meets the standards of Section 26.80.040(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or disapproving the final development plan. If applicable, the commission shall also concurrently determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), whichever is applicable, and shall forward the score to the city council. If applicable, the commission shall concurrently determine if the application meets the standards of Section 26.88.040(c) and 26.92.020 and recommend approval, approval with conditions, or disapproval of a development application requesting subdivision review and amendment to the text of this title or the official zone district map. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, or Section 26.68.030 through 26.68.050 for ESA, and shall adopt a development order approving, approving with conditions, or disapproving that part of the application pertaining to conditional uses, special review and ESA, subject to approval by the city council of the final development plan and the GMQS allotment. d. Hearing/public hearing on final development plan and other consolidated development applications by the city council. After receipt of the recommendation on the final development plan, GMQS scoring or exemption, subdivision review, amendment to the text of this title or the official zone district map from the commission, the city council shall hold a hearing to review that part of the application pertaining to the final development plan, GMQS allotment or exemption, subdivision review or amendment, if applicable. At the conclusion of the hearing, the city council shall determine if the final development plan meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order approving, approving with conditions, or disapproving the final development plan. If a development application for an amendment to the text of this title or the official zone district map is being considered, the city council shall hold a public heating pursuant to public notice required in Section 26.52.060(E), and shall determine if the application meets the standards of Section 26.92.020, and shall adopt adevelopment order approving, approving with conditions, or disapproving the application. If a development application for GMQS is being reviewed, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank or shall determine if the application meets the standards of Section 26.100.040(C). If a development application for subdivision is being reviewed, the city council shall determine if the plat meets the standards of Section 26.88.040(c) and adopt a development order approving, approving with conditions or disapproving the application. 9. Six-step HPC, commission, and council review: Significant development in H, Historic Overlay District or involving a property listed on the Inventory of Historic 20 Sites and Structures, in conjunction with SPA or PUD, only; or consolidated with other development applications. Review and approval of a development application for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures in conjunction with a development application for SPA or PLrD, by themselves, or in conjunction with development applications for GMQS allotment or exemption, subdivision review, an amendment to the text of this title or the official zone district map, or conditional uses, special review, or ESA, require review and approval under a six-step process involving review and approval of the historical district application by the HPC, review and approval of a conceptual development plan by the commission and city council, and review and approval of a final development plan by the commission and city council. a. Public hearing on conceptual development plan for significant development. After receipt of the written report and recommendation of the planning director for a conceptual development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, and after public notice pursuant to Section 26.52.060(E), the HPC shall hold a public hearing to review the conceptual development plan and recommendations of the planning director. At the conclusion of the public hearing, the HPC shall determine if the' conceptual development plan meets the standards of Section 26.72.010(D), and shall approve, approve with conditions, or disapprove the conceptual development plan. b. Conceptual development plan review by the commission. After HPC review of the conceptual development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, and after receipt of the written report and recommendation of the planning director for a development application for conceptual development plan approval for SPA or PUD, the commission shall hold a heating to review the conceptual development plan. At the conclusion of the hearing, the commission shall recommend approval, approval with conditions, or disapproval of the conceptual development plan pursuant to Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. The recommendation shall then be forwarded to the city council for its review. If the development application is being considered as part of a consolidated review process with development applications for GMQS allotment or exemption, subdivision review, or an amendment to the text of this title or the official zone district map, or conditional uses, special review, or ESA, initial review of these applications will not be heard until the commission and city council consider the final development plan. Provided, however, that at the request of the applicant, an amendment to the text .of this title or the official zone district map may be considered in conjunction with Conceptual development plan review, but final actions on such development applications shall not be taken until review and approval of the final development plan is undertaken. c. Public hearing on conceptual development plan review by city council. After receipt of the recommendations 0fthe commission for a development application for the conceptual development plan, the city council, after public notice pursuant to Section 26.52.060(E), shall hold a public hearing to review the conceptual development plan. At the conclusion of the hearing, the city council shall approve, approve with 21 conditions, or disapprove the conceptual development plan pursuant to Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable. d. Hearing for final HPC review. That portion of the development application pertaining to the final development plan for significant development in a H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures shall be reviewed after the commission and city council review of the conceptual development plan for any consolidated development application, and prior to final development plan review by the commission and the city council for the consolidated applications. It shall be reviewed by the HPC pursuant to the following procedures After receipt of the written report and recommendation of the planning director for a final development plan for significant development in a H, Historic Overlay District or a property listed on the Inventory of Historic Sites and Structures, the HPC shall hold a hearing to review the final development plan. At the conclusion of the hearing, the HPC shall consider the recommendation of the planning director, determ'me if the final development plan is consistent with the conceptual development plan, determine if the final development plan meets the standards of Section 26.72.010(D), and adopt a development order approving, approving with conditions, or denying the application, subject to approval by the city council of the final development plan for the consolidated development applications. e. Public hearing on.commission review of final development plan and other consolidated development applications. After HPC review of the final development plan for significant development in the H, Historic Overlay District or of a property listed on the Inventory of Historic Sites and Structures, and after receipt of the written report and recommendation on the final development plan from the planning director for SPA, or PUD, and if applicable, a development application for GMQS scoring or exemption, an amendment to the text of this title or the official zone district map, or conditional uses, special review, and ESA, the commission, after public notice pursuant to Section 26.52.060(D), shall hold a public hearing to review that part of the application pertaining to the final development plan, the GMQS application, the amendment application, and the other applications, if applicable. At the conclusion of the hearing, the commission shall determine if the final de~zelopment plan meets the standards of Section 26.80.030(B) (SPA) or Section 26.84.030(B) (PUD), whichever is applicable, and shall recommend to the city council that a development order be adopted approving, approving with conditions, or denying the final development plan. If applicable, the commission shall concurrently determine the points accumulated by the application for GMQS pursuant to the standards of Section 26.100.060(E), (F) or (G), and shall forward the score to the city council. If applicable, the commission shall also detennine if the application'meets the standards of Section 26.88.040(C) and 26.92.020, and recommend approval, approval with conditions, or disapproval of a development application requesting subdivision review and amendment to the text of this title or the official zone district map. Also, if applicable, the commission shall concurrently determine if the application meets the standards of Section 26.60.040 for conditional uses, Section 26.64.040 for special review, or Section 26.68.030 tkrough 26.68.050 for ESA, and shall adopt a development order approving, approving with conditions, or denying that part of the application pertaining to 22 conditional Uses, special review and ESA, subject to approval by the city council of the final development plan, amendment, or the GMQS allotment. f. Heating on city council review of final development plan and other consolidated development applications. After receipt of the recommendation on the final development plan, or GMQS scoring from the commission, the city council shall hold a hearing to review that part of the application pertaining to the final development plan, GMQS allotment or exemption, subdivision review, or amendment, if applicable. At the conclusion of the hearing, the city council shall determine if the final development plan meets the standards of Section 26.80.030(B) (SPA), or Section 26.84.030(B) (PUD), whichever is applicable, and shall adopt a development order approving, approving with conditions, or disapproving the final development plan. If a development application for GMQS is being reviewed concurrently, the city council shall allocate GMQS allotments among eligible applicants in the order of priority established by their rank or shall determine if the application meets the standards of Section 26.100.040(C). If a development application for an amendment to the text of this title or the official zone district map is being considered, the city council shall hold a public hearing with public notice pursuant to Section 26.52.060(E), before considering the consolidated applications. In reviewing the amendment application, the city council shall determine if it meets the standards of Section 26.92.020, and approve, approve with conditions, or disapprove the application. If a development application for subdivision is being reviewed, the city council shall deterre'me if the plat meets the standards of Section 26.88.040(c) and shall adopt a development order approving, approving with conditions or disapproving the application. B. Modification of review procedures. In the event that an applicant believes that the previously listed review procedures do not directly address the development being contemplated, or that there are other unusual circumstances, the applicant may, pursuant to Chapter 26.92, request an interpretation by the planning director as to the appropriate review procedures for the proposed development. C. General hearing procedures. The following general procedures shall apply to the conduct of all hearings regarding the review of a development application by decision-making bodies. 1. Oath or affirmation. Testimony and evidence shall be given under oath or by affn-mation to the body conducting the hearing. 2. Rights of all persons. Any person or persons may appear at a public hearing and submit evidence either individually or as a representative of another person or an organization Anyone representing another person or an organization must present written evidence of their authority to speak on behalf of the person or the organization in regard to the matter under consideration. Each person who appears at a public heating shall be identified and, if appearing on behalf of another person or an organization, state the name and mailing address of the person or the organization. 3. Due order of proceedings. the decision-making body conducting the hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses, but shall do so only through the discretion of the chairman or mayor. The order of proceedings shall be as follows: 23 a. · The planning agency staff shall present a narrative and graphic description of the development application. b. The planning agency staff shall present a written and oral recommendation. This recommendation shall address each factor required to be considered by this title and the Aspen Area Comprehensive Plan prior to development approval and shall be made available to the applicant submitting the development application at least two (2) working days prior to the hearing. c. The applicant shall present any information that it deems appropriate, and shall demonstrate that public notice has been given, if required. d. Public testimony shall be heard, first in favor of the development application, then in opposition to it. e. The planning agency staff may respond to any statement made by the applicant or any public comment. f. The applicant may respond to any testimony or evidence presented by the planning agency staff or public. 4. Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer may be made at the hearing or in writing within fifteen (15) days after the close of the hearing. 5. Continuance of hearing. The decision-making body conducting the hearing may, on its own motion or at the request of any person, continue the hearing to a fixed date, time and place. No notice shall be required ira hearing is continued. An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the decision-making body conducting the hearing, only upon good cause shown. All adjourned public hearings shall commence only upon the giving of all notices which would have been required were it the initial call of the public hearing. 6. Other rules to govem. Other matters pertaining to the public hearing shall be governed by other provisions of the Municipal Code of the City of Aspen, Colorado, applicable to the decision-making body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this chapter. The cityIs decision- making bodies may adopt rules of procedure to limit the number of development applications which may be considered at a hearing. 7. Record. a. Records of hearing. The body conducting the hearing shah record the proceedings by any appropriate means which shall be transcribed at the request of any person. b. Record. The transcript of oral proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted in any proceeding before the decision-making body, the report and recommendation of the planning agency staff, and the decision and report of the decision- making body shall constitute the record. c. Public records. All records of decision-making bodies shall be public records, open for inspection at reasonable times and upon reasonable notice. 24 D. Actions by decision-making bodies. All decision-making bodies Ishall act in accord with the time limits established in this title. Action shall be taken as promptly as possible in consideration of the interests of the citizens of the City of Aspen. E. Public notice. 1. General. Prior to a public hearing on a development application, notice shall be provided to the public, pursuant to the terms of this section. Table 6-101 establishes the stelSs in the development review process at which ftme notice is to be given. 2. Content of notice. Every notice shall include the name and address of the applicant, the type of development application sought, date, time and place of the hearing, the address and legal description of the subject property if applicable, a summary of the development application under consideration, and identification of the decision-making body conducting the hearing and such other information as may be required to fully apprise the public of the nature of the application. 3. Manner of notice. Every notice shall be given in one or more of the following manners, as specified in Section 26.52.060(E)(4). a. Publication of notice. Publication of notice shall be provided by the planning agency at least fifteen (15) days prior to the public hearing through publication in an official paper or a paper of general circulation in the City of Aspen in the legal notice section. The content of the notice shall be that described in Section 26.52.060(E)(2). b. Posting of notice. Posting of notice shall be made by the applicant, who shall obtain a copy of the form from the planning agency, ~ch shall be posted at least ten (10) days prior to the public hearing, by posting a sign in a conspicuous place on the property subject to the development application. The sign shall be made of suitable, waterproof materials, shall be not less than twenty-two (22) inches wide and twenty-six (26) inches high, and shall be composed of letters not less than one inch in height. The content of the notice shall be that described in Section 26.52.060(E)(2). c. Mailing of notice. Mailing ofnntice shall be made by the applicant, who shall obtain a copy of the notice from the planning agency, which shall contain that information described in Section 26.52.060(E)(2). At least ten (10) days prior to the public hearing, notice shall be sent by frrst class, postage prepaid U.S. mall, or at least five (5) days if sent by hand delivery, to all owners of property within three hundred (300) feet of the property subject to the development application, and at least fifteen (15) days prior to the public hearing, notice shall be sent by first class, postage pre-pald U.S. mall or hand delivery to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of .. Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. 4. Required notices. Notice of hearing to the public for a development application shall take the following form. a. Development application for permitted uses, special review, ESA, GMQS exemptions, subdivision exemptions (other than for a lot split) or minor development in 25 an "H," Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures. A development application for a permitted use, development subject to special review, GMQS exemption, development in an environmentally sensitive area (ESA) or minor development in H, Historic Overlay District or involving a property listed on the Inventory of Historic Sites and Structures requires no notice to the public prior to review. b. Development application for conditional uses and variances. A development application for a conditional use or a variance requires mailing of notice and posting of notice pursuant to Section 26.52.060(E)(3)(b) and (c). c. Development application for significant development in an "H," Historic Overlay District; demolition in an "H," Historic Overlay District; development in or designation of specially planned area (SPA); planned unit development (PUD); amendments to official zone district map unless for entire city; subdivision exemption for lot split; designation of Historic Overlay District or historic landmarks; growth management quota system (GMQS). Significant development in a H, Historic Oreflay District or of a property listed on the Inventory of Historic Sites and Structures, development, demolition of a property listed on the Inventory of Historic Sites and Structures, designation of a specially planned area (SPA), planned unit development (PUD), amendments to the official zone district map unless for the entire city, subdivision exemption for lot split, designation of Historic Overlay District or historic landmarks, and growth management quota system (GMQS) review requires publication of notice, posting of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a), (b) and (c). d. Amendment to the text of this title. Amendment to the text of this title requires publication of notice pursuant to Section 26.52.060(E)(3)(a) for Planning and Zoning Commission public hearing and ordinance adoption procedures for City Council public hearing. e. Development application for subdivision. Subdivision review requires publication of notice and mailing of notice pursuant to Section 26.52.060(E)(3)(a) and (c) and notice by registered mail to all surface owners, mineral owners and lessees of mineral owners of the property subject to the development application. f. Any development application which will cover five (5) acres or more of land. Any development application which will cover five (5) acres or more of land requires publication of nntice pursuant to Section 26.52.060(E)(3)(a) and mailing of notice to the Colorado Land Use Commission, the state geologist, and the Pitkin County Commissioners. In addition, a development application for subdivision approval also requires notice by registered mail to all surface owners, mineral owners and lessees of mineral ox~aers of the property subject to the development application. 5. Rezoning of entire city. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this title, or whenever the text of this title is to be amended, whether such revision be made by repeal of this title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change, shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (I 5) days prior to 26 the public hearing on such amendments. (Ord. No. 13-1993 § 3; Oral. No. 56-1994, § 13: Code 1971, § 6-205) Section 3: Section 26.72 Development in an "H," Historic Ove~ay District, or involving the Inventory of Historic Sites and Structures shall be amended to read as follows: Chapter 26.72 DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT, OR INVOLVING THE IhWENTORY OF HISTORIC SITES AND STRUCTURES Sections: 26.72.010 Minor development, significant development, and exemptions. 26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. 26.72.030 Insubstantial amendment of development order. 26.72.040 Appeal and call up. 26.72.050 Variances. 26.72.060 Minimum maintenance requirements. 26.72.010 Minor development, significant development, and exemptions. A. General. Any development within an "H," Historic Overlay District, or development involving a property listed on the Inventory of Historic Sites and Structures must be reviewed in accordance with the provisions of this Section 26.72.010 and Common Procedures, Chapter 26.52, unless exempted by the community development director under Section 26.72.010 (C). If not exempted, development is categorized as minor or significant development which must obtain approval of the HPC. Minor development review and approval is a one-Step process and requires no public hearing. Significant development must go through a conceptual and final development plan review and approval process, with a public hearing occurring at the time of Conceptual development plan review. B. General prohibition. No development shall be permitted within the "H," Historic Overlay District, or involving a property listed on the Inventory of Historic Sites and Structures unless: 1. The development is not subject to the provisions of this section; or 2. The development is exempted pursuant to Section 26.72.010(C); or 3. The development is approved by the HPC as either minor or significant . development pursuant to the procedures outlined in Common Procedures, Chapter 26.52, because it meets the standards of Section 26.72.010(D). C. Exemption. 27 1. Development which is not subject to the provisions of this section shall include any interior remodeling of a structure, repainting of the exterior of an already painted structure, and choice of color of any exterior architectural feature. Such development shall not require the review by the community development director or HPC, and shall proceed directly to building permit review, when a building permit is required for the development. 2. Development which the community development director shall exempt from HPC review shall include repair of existing architectural features, replacement of architectural features when found necessary for the preservation of the structure, and similar remodeling activities which create no change to the exterior appearance of the structure and have no impact on its character. The community development director shall exempt awnings, canopies, fences, mechanical equipment or other similar attachments to, or accessory features of a structure, provided however, that in the process of erecting said attachments, none of the significant features of the structure are destroyed or permanently removed. Incidental destruction or limited removal necessary to erect any attachment shall not make the action significant development. The community development director shall exempt signs which are not reviewed under Section 26.72.010(F)(2)(A). Within the Commercial Core, the community development director shall exempt any insignificant changes in the site design of an individual property, such as paving and new street furniture. The Community Development Director shall exempt any development required for compliance with the Americans with Disabilities Act when it affects a nonhistoric structure in the "H," Historic Overlay District, and has no significant impact on the character of the structure. For any of the exemptions listed above, the Community Development Director may place conditions on the exemption which are relevant to mitigation of impacts to the affected historic site or structure or to adjacent historic sites or structures. An appeal of a Community Development Director exemption is to the historic preservation commission. The Community Development Director may also determine that any of the above applications are more appropriately reviewed by HPC as a minor development, because of significant effects upon historic resources. 3. Before any proposed development can be considered for an exemption under the provisions of this section, an application for exemption shall be submitted to the Community Development Director in the form provided by the Community Development Director. D. Review standards for all development in the "H," Historic Overlay District, and all development involving properties listed on the Inventory of Historic Sites and Structures. 1. Development in the "H," Historic Overlay District, and all development involving properties listed on the Inventory of Historic Sites and Structures. No approval for any development in the "H," Historic Overlay District, or involving properties listed on the Inventory of Historic Sites and Structures shall be granted unless the HPC finds that all of the following standards are met. a. The proposed development is compatible in general design, massing and volume, scale, and site plan with designated historic structures located on the parcel and with development on adjacent parcels when the subject site is in an "H," Historic Overlay District, or is adjacent to an historic landmark. For historic landmarks where proposed 28 development would extend into front yard, side yard and rear yard setbacks, extend into the minimum distance between buildings on the lot or exceed the allowed floor area by up to five hundred (500) square feet or the allowed site covered by up to five (5) percent, H'PC may grant such variances after making a finding. that such variation is more compatible in character with the historic landmark and the neighborhood, than would be development in accord with dimensional requirements. In no event shall variations pursuant to this section exceed those variations allowed under the Cottage In.fill Program for detached accessory dwelling units, pursuant to section 26.40.090(B)(2). The floor area bonus will only be awarded to projects which make an outstanding pre.servation effort, for instance by retaining historic outbuildings or by creating breezeway or connector elements between the historic resource and new construction. Lots which are larger than nine thousand (9,000) square feet and properties which receive approval for an historic landmark lot split may also be appropriate recipients of the bonus. No development application which includes a request for an FAR bonus may be submitted until the applicant has met with HPC in a workshop format to discuss whether or not the proposal might qualify for the floor area bonus, prior to design; and b. The proposed development reflects and is consistent with the character of the neighborhood of the parcel proposed for development; and c. The proposed development enhances or does not detract from the historic significance of designated historic structures located on the parcel proposed for development or adjacent parcels; and d. The proposed development enhances or does not diminish or detract from the architectural character and integrity of a designated historic structure or part thereof. 2. Additional development guidelines. The City Council, upon reconunendation of the HPC, shall established additional guidelines for use by HPC in the review of all development in an "H," Historic Overlay District, and involving properties listed on the Inventory of Historic Sites and Structures, in accordance with the procedures in Chapter 26.08. E. Minor development. 1. Procedure for review. Before HPC approval of minor development in the "H," Historic Overlay District. and of all development involving properties listed on the Inventory of Historic Sites and Structures a development application shall be submitted to the Community Development Director and reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Chapter 26.52. 2. Definition. Minor development shall be defined as follows: a. Remodeling of a structure where alterations are made to no more than one (1) element of the structure, including but not limited to a roof, window, door, skylight, ornamental trim, siding, kickplate, dormer, porch, staircase, and balcony; b. Expansion or erection of a slructure wherein the increase in floor area of the structure is two hundred fifty (250) square feet or less; or c.. Erection or remodeling of conibinations of, or multiples of no more than three (3) of the following features: awnings, canopies, signs, fences and other similar attachments; or windows, doors, skylights and dormers. Erection of more than three (3) of the above listed features may be defined as minor if there is a finding that the cumulative impact of such development is minor in its effect on the character of the existing structures. 29 d. Erection of street furniture, signs, benches, public art, or similar development which is to be placed throughout the Commercial Core or Main Street Historic Districts. The Community Development Director may determine that the development is to be reviewed as a significant development, pursuant to section 26.72.010(F). Public hearing requirements will not apply. 3. Application. A development application for minor development shall include the following: a. The general application information required in section 26.52.030. b. If determined appropriate by the Community Development Director, a site plan or survey showing property boundaries and predominant existing site characteristics. c. An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. d. A scale drawing of the proposed development in relation to any existing structure. e. A statement of the effect of the proposed development on the original design of the historic smacmre (if applicable) and character of the neighborhood. F. Significant development. 1. Procedure for review. Before HPC approval of significant development within an "H," Historic OVerlay District, and of all development involving properties listed on the Inventory of Historic Sites and Structures, a conceptual development plan and final development plan shall be reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Chapter 26.52. 2. Definition. Significant development shall be defined as follows: a. Erection of an awning, canopy, sign, fence or other similar attachments to, or accessory features of, a structure that, in the process of erecting, cause significant features of the structure to be permanently destroyed or removed; b. Erection or remodeling of combinations of, or multiples of any single feature of a structure which has not been determined to be minor; c. Expansion or erection of a structure wherein the increase in floor area of the structure is more than two hundred fifty (250) square feet; d. Construction of a new structure within a "H," Historic Overlay District; and e. The development of any property which is listed on the inventory of historic sites and structures and which has received approval for demolition or off-site relocation when a development plan has been required by the HPC pursuant to section 26.72;020(J)(5). 3. Conceptual development plan. a. Development application for conceptual development plan. A development application for a conceptual development plan shall include the following: (1) The general application information required in section 26.52.030. (2) A site plan and a survey showing property boundaries and predominant existing site characteristics. (3) Conceptual selection of major building materials to be used in the proposed development. (4) A statement of the effect of the proposed development on the original design of the historic structure (if applicable) and/or character of neighborhood. (5) Scale drawings of all elevations of any proposed structures, including a roof plan. 30 (6) A visual description of the neighborhood context through at least one (1) of the following: diagrams, maps, photographs, models, or streetscape elevations, with the intent to provide HPC with the necessary information without adding excessive costs to the applicant. b. Effect of approval of conceptual development plan. Approval of a conceptual development plan shall not constitute final approval of significant development or permission to proceed with development. Such approval shall constitute only authorization to proceed with a development application for a final development plan. c. Limitation on approval of conceptual development plan. Application for a final development plan shall be filed within one (1) year of the date of approval of a conceptual development plan. Unless an extension is granted by HPC, failure to file such an application shall render null and void the approval of a conceptual development plan previously granted by the HPC. 4. Final development plan. a. Submission of application for final development plan. A development application for a final development plan shall include: (1) The general application information required in section 26.52.030. (2) Reserved. (3) An accurate representation of all major building materials, such as samples and photographs, to be used for the proposed development. (4) Finalized drawings of the proposal at 1/4" -- 1 '0 scale. (5) A statement of the effect of the details of the proposed development on the original design of the historic structure (if applicable) and character of the neighborhood. (6) A statement of how the final development plan conforms to the representations made during the conceptual review and responds to any conditions placed thereon. G. Historic Landmark Lot Split. The development of all lots created pursuant to section 26.88.030 (A)(5) shall be reviewed by HPC at a public hearing. (Ord. No. 6-1989, § 9; Ord. No. 60-1990, § 3; Ord. No. 21-1995, § l(part); Ord. No. 49-1995, § 4; Ord. No. 33-1997, § 1: Code 1971, § 7-601) 26.72.020 Demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. A. General. No demolition, partial demolition, off-site reloeation, on-site relocation, or temporary relocation of any structure included in the Inventory of Historic Sites and Structures of the City of Aspen, established pursuant to section 26.76.090, or any structure within an "H" Historic Overlay Dislxict, shall be permitted unless the demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation is approved by the HPC because it meets the applicable standards of section 26.72.020(B), (C), (D), (E), or (F) unless exempted pursuant to section 26.72.020(G) or (H). For the purposes of this section, "demolition" shall mean the total razing of any structure on an inventoiled parcel which contributes to the historic significance of that parcel. "Partial demolition" shall mean the razing of a portion of any structure on an inventorled parcel or the total razing of any structure on an inventoiled parcel which does not contribute to the historic significance of that parcel. 31 B. Standards for review of demolition. No approval for demolition shall be granted unless the HPC finds that all of the following standards are met. I. The structure proposed for demolition is not structurally sound despite evidence of the owner's efforts to properly malnta'm the structure; and 2. The structure cannot be rehabilitated or reused on site to provide for any reasonable beneficial use of the property; and 3. The structure cannot be practicably moved to another site in Aspen; and 4. The applicant demonstrates that the proposal mitigates to the greatest extent practical, the following: a. Any impacts that occur to the character of the neighborhood where demolition is proposed to occur. b. Any impact on the historic significance of the structure or structures located on the parcel and adjacent parcels. c. Any impact to the architectural character and integrity of the structure or structures located on the parcel and adjacent parcels. C. Standards for review of partial demolition. No approval for partial demolition shall be granted unless the HPC finds all of the following standards are met: 1. The partial demolition is required for the renovation, restoration or rehabilitation of the structure, or the structure does not contribute to the historic significance of the parcel; and 2. The applicant has mitigated, to the greatest extent possible: a. Impacts on the historic significance of the structure or structures located on the parcel by limiting demolition of original or significant features and additions. b. Impacts on the architectural character or integrity of the structure or structures located on the parcel by designing new additions so that they are compatible in mass and scale with the historic structure. D. Standards for review of off-site relocation. No approval for off-site relocation shall be granted unless the HPC finds that all of the following standards are met: 1. The structure cannot be rehabilitated or reused on its original site to provide for any reasonable beneficial use of the property; and 2. The relocation activity is demonstrated to be the best preservation method for the character and integrity of the structure, and the historic integrity of the existing neighborhood and adjacent structures will not be diminished due to the relocation; and 3. The structure has been demonstrated to be capable of withstanding the physical impacts of the relocation and re-siting. A structural report shall be submitted by a licensed engineer demonstrating the soundness of the structure proposed for relocation; and 4. A relocation plan shall be submitted, including posting a bond or other financial security with the Engineering Department, as approved by the HPC, to insure the safe relocation, preservation and repair (if required) of the structure, site preparation and infrastructure connections. The receiving site shall be prepared in advance of the physical relocation; and 5. The receiving site is compatible in nature to the structure or structures proposed to be moved, the character of the neighborhood is consistent with the architectural integrity of the structure, and the relocation of the historic structure would not diminish the 32 integrity or character of the neighborhood of the receiving site. An acceptance letter from the property owner of the receiving site shall be submitted. E. Standards for review of on-site relocation. No approval for on-site relocation shall be granted unless the HPC finds that the standards of Section 26.72.020(D)(2), (3), and (4) have been met. If the structure that is to be relocated does not contribute to the historic significance of the parcel, only standard 26.72.020(D)(2) must be met. F. Standards -.for review of temporary relocation. No approval for temporary relocation shall be .granted unless the HPC finds that the standards of Section 26.72.020(D)(3) and (4) have been met. G. Exemption for structures within an "H," Historic Overlay District. The demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation of a structure located within an "H" Historic Overlay District, may be exempt from meeting the applicable standards in Section 26.72.020(B), (C), (D), (E) or (F) if the HPC finds that the following conditions have been met: 1. The structure is not identified on the Inventory of Historic Sites and Structures. 2. The structure is considered to be noncontributing to the historic district. 3. The structure does not .contribute to the overall character of the historic district, and that its demolition, partial demolition, off-site relocation, on-site relocation or temporary relocation does not impact the character of the historic district. 4. The demolition, partial demolition, off-site relocation, on-site relocation or temporary relocation is necessary for the redevelopment of the parcel. 5. The redevelopment or new developmere is reviewed by HPC pursuant to Section 26.72.010. H. Exemption for structures which do not contribute to the historic significance of an inventoried parcel. A structure which does not contribute to the historic significance of an inventoried parcel is exempt from meeting the standards of Section 26.72.020(D), off-site relocation and Section 26.72.020(F), temporary relocation. I. Procedure for review. A development application shall be submitted to the community development director before HPC approval of demolition, partial demolition, off-site relocation, on-site relocation, temporary relocation, or exemption which shall be reviewed and approved by the HPC pursuant to the procedures established in Common Procedures, Chapter 26.52. The HPC shall be authorized to suspend action on demolition, partial demolition, off- site relocation, or on-site relocation applications when it finds that it needs additional information to determine whether the application meets the standards of Section 26.72.020 or that the proposal is a matter of such great public concern to the city that alternatives to the demolition, partial demolition, off-site relocation or on-site relocation must be studied jointly by the city and the owner. Alternatives which the HPC may consider having studied shall include, but not be limited to finding economically beneficial uses of the structure, removal of the structure to a suitable location, providing public subsidy to the owner to preserve the structure, identifying a public entity capable of public acquisition of the structure, or revision to the demolition, partial demolition, off-site relocation or on-site relocation and development plan. The HPC shall be required to specify the additional information it requires or the alternatives it finds should be studied when it suspends action on the demolition, partial demolition, off-site relocation, 33 or on-site relocation application. Action shall only be suspended for the amount ofthue it shall take for the necessary information to be prepared and reviewed by the community development director, but in no case shall suspension be for a period to exceed six (6) months. J. Application for demolition, partial demolition, off-site relocation, on-site relocation, or temporary relocation. A development application shall include the following. Applications which affect a structure which does not contribute to the historic significance of the parcel shall only include the submission requirements listed in Section 26.72.020(J)(1), (2), and (5): 1. The general application information required in Section 25.62.030. 2. A written description of the structure proposed for demolition, partial demolition, off-site relocation, on-site relocation, temporary relocation, or exemption, and its year of construction. 3. A report from a licensed engineer or architect regarding the soundness of the structure and its suitability for rehabilitation. 4. For demolition or off-site mlocation only: Art economic feasibility report that provides: a. Estimated market value of the property on which the structure lies, in its current condition, and after demolition or relocation. b. Estimates from an architect, developer, real estate agent or appraiser experienced in rehabilitation addressing the economic feasibility of rehabilitation or reuse of the structure proposed for demolition or relocation. c. All appraisals made of the property on which the structure is located made within the previous two (2) years. d. Any other information considered necessary to make a determination whether the property does yield or may yield a reasonable remm on investment. 5. For demolition, partial demolition, off-site relocation and on-site relocation only: A development plan and a statement of the effect of the proposed development on the other structures on the property and the character of the neighborhood around the property shall be submitted so that HPC is able to make a finding whether the applicable standards are met. In the case of a demolition or off-site relocation, the development plan will be reviewed as a Significant Development application, pursuant to Section 26.72.010. K. Application for demolition or exemption from demolition, partial demolition, off- site relocation, on-site relocation, or temporary relocation. A development application for exemption shall include all items specified in Section 26.72.020(J)(1) and (2). L. Penalties. A violation of any portion of this Section 26.72.020 .shall prohibit the owner, successor or assigns from obtaining a building permit for the affected property for a period of five (5) years from the date of such violation. The city shall initiate proceedings to place a deed restriction on the property to this effect to insure the enforcement of this penalty. (Ord. No. 17-1989, § 1; Ord. No. 9-1991, § 1; Ord. No. 2t- 1995, § l(.part): Code 1971, § 7-602) 26.72.030 Insubstantial amendment of development order. 34 A. An insubstantial amendment to an approved development order may be authorized by the community development director. An insubstantial amendment shall be limited to technical or engineering considerations, first discovered during actual development which could not reasonably be anticipated during the approval process. An insubstantial amendment shall be defmed as a change in shape or location of a single window, awning, door, staircase or other feature on the slructure or use of a material made by a different manufacturer that has the same quality and approximately the same appearance as originally approve& B. All other amendments shall be approved by the HPC pursuant to Section 26.72.010 or 26.72.020, whichever is applicable. (Ord. No. 21-1995, § l(part): Code 1971, § 7-603) 26.72.040 Appeal and call up. A. Any action by the HPC in approving, approving with conditions, or disapproving a development order or suspending action on a demolition, partial demolition, off-site relocation, or on-site relocation application or in rating a structure on the inventory of historic sites and structures may be appealed to the city council by the applicant or a landowner within three hundred (300) feet of the subject property within thirty (30) days of the decision. The reasons for the appeal shall be stated in writing. The city council may also call up for review any decision of the HPC approving, disapproving, or suspending action on a demolition, partial demolition, off-site relocation, or on-site relocation of any structure on the inventory Qfhistoric sites and structures by serving written notice on the HPC within thirty (30) days of the HPC's decision and notifying the applicant of the call up. Notice of the HPC decision will be provided to Council in the form of the approved resolution. B. Within thirty (30) days after the date of a decision by the HPC which is appealed or called up by the city council, the council shall hold a public hearing after publishing notice pursuant to Section 26.52.060 (E)(3)(a). C. The city council shall consider the application on the record established before the HPC. The city council shall affirm the decision of the HPC unless the city council shall determine that there was an abuse of discretion, or a denial of due process by the HPC. Upon determining that there was an abuse of discretion or denial of due process, the city council shall be authorized to take such action as it shall deem necessary to remedy said situation, including but not limited to reversing the decision, altering the conditions of approval, changing the length of time during which action on a demolition, partial demolition, off-site relocation, or on-site relocation application has been suspended or the terms of the suspension, or remanding the application to HPC for rehearing. (Ord. No. 7-1989, § 2; Ord. No. 21-1995, § l(part): Code 1971, § 7-604) 26.72.050 Variances. The board of adjustment shall not take any action on a development application for a variance pursuant to Chapter 26.108, in the "H," Historic Overlay District. or development affecting a property listed on the Inventory of Historic Sites and Structures, without receiving a written recommendation from the HPC. (Ord. No. 21-1995, § l(part): Code 1971, § 7-605) 35 26.72.060 Minimum maintenance requirements. A. Purpose. The intent of this section is to reduce the incidence of "demolition by neglect." B. Requirements. All buildings and sWuctures identified in the inventory of historic sites and structures as described in Section 26.76.090, and all structures located within a historic district, shall be maintained to meet the requirements of the Uniform Conservation Building Code (UCBC) and the Uniform Building Code (UBC). Said structures shall receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement, rehabilitation, reconstruction, perpetuation or use in compliance with the terms of this chapter. Every owner or his designated agem in charge of such building or structure shall keep in good repair: 1. All of the exterior portions of such improvements. 2. All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise fail imo a state of disrepair. The historic preservation commission, on its own initiative, may file a petition with the chief building official requesting that said official proceed under the provisions of this section to require correction of defects or repairs to any structure covered by this chapter so that such structure shall be preserved and protected in consonance with the purpose of this chapter. C. Demonstration of hardship. Any owner of a structure idemified in the inventory of historic sites and structures which I-tPC and the chief building official finds requires such maimchance and repairs as described in fi~is section may make application requesting from the city council a one-time, no interest loan, in an amount not to exceed ten thousand dollars ($10,000.00), which the owner shall agree to pay back to the city within ten (10) years or when the property is sold or the title is ~ransferred, whichever is the soonest. An extension of the payment period may be granted by the city council, following written request by the owner. To be eligible for the loan, the owner shall submit a written request to the community development director, which shall include a description of the proposed repairs necessary to maintain the historic structure and approximate costs for such repairs. The loan request shall also demonstrate economic hardship which previously prohibited these repairs and that the loan amount is the minimum necessary to maintained the structure. The loan request shall be considered by the city council. Any loan granted by the council shall be administered through the community development director, who shall obtain copies of bills from the owner substantiating all expenditures made to maintain the structure with monies obtained from the loan. D. Penalties waived. The general penalties for violations of the Aspen Municipal Code contained in Chapter 1.04, Section 1.04.080, shall not apply to violations of these minimum maintenance requirements. (Ord. 1'4o. 7-1989, § 2; Ord. No. 21-1995, § l(part): Code 1971, § 7-606) 36 Section 4: If any s~ction, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. ~ This Ordinance shall not affect any existing litigation and shall not operate as an abatement of "any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance was held on the 1 lth day of January, 1999, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 261h day of October, 1998. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John Worcester, City Attomey FINALLY, adopted, passed and approved this 1 lth day of January, 1999. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 37 TO: Mayor and Members of Council FROM: John P. Worcester DATE: January 11, 1999 RE: Iselin and Rotary Park Annexation Ordinance - Second Reading Attached for your consideration and review is a proposed ordinance which, if adopted, would annex the Iselin and Rotary Park Properties to the City of Aspen. This matter is before you for a public hearing and Second Reading. The original petition for annexation was filed with the City Clerk on September 23, 1998. On September 23, 1998, City Council adopted a resolution finding substantial compliance with Section 31-12-107(1), C.R.S. A public hearing was held on November 9, 1998, at which time Council determined that the proposed annexation was in compliance with §§ 31-12-i04 and 31-12-105, C.R.S. City staff will be present at the public hearing to answer any questions you might have on the proposed annexation and potential impacts the annexation will have on City operations. The decision to annex property to the City is a legislative act and is entirely within your discretionary powers. You may annex, or not, for any reason, or no reason at all. ACTION REQUIRED: A Motion to approve Ordinance No. ~] , Series of 1998. JPW-O1/O6/99~G: \john\word\memos\iselin.doc ORDINANCE NO. ~ (Series of 1998) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERR/TORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "CASTLE CREEK CONDOMINIUMS" ANNEXATION. WI-EREAS, on October 7, 1998, the City Manager of the City of Aspen did file, on behalf of the City of Aspen, with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, .inclUding accompanying copies of an annexation map, has been reviewed by the City Attomey's Office and the City Engineer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexation; and WHEREAS, the City Council, by resolution Number 76, Series of 1998) at its regular meeting on October 23, 1998, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 88, Series of 1998) at its regular meeting on November 23, 1998, did find and determine, following a public heating, said Petition for Annexation to be in substantial compliance with §§ 31-12-104 and 31~12-105, C.R.S.; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Castle Creek Condominiums", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen ishereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) TO certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes 'adopted pursuant to this annexation ordinance. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. SectiOn 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior Ordinances. · %, A public hearing on the ordinance shall be held on the Z'cf'day of 998, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the [% day of ~ 1998. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of ,1998. John S. Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW-12/OS/98-G:\john\word\ords\castlecrk.doc MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager FROM: Lee Cassin,.City Environmental Health Director DATE: January 6, 1999 RE: Discontinuation of Fireplace Fees SU/~IMARY: This is an informational item to let Council know we are planning to amend the city fee ordinance to eliminate fireplace permit fees. Until the ordinance is changed, we would like to not collect the fee. PREVIOUS COUNCIL ACTION: Council enacted a fireplace fee to cover staff costs of reviewing permits. This fee was initiated in the early 1990's. The fee is now $35. DISCUSSION: The Environmental Health, Building, and Community Development Departments have been trying very hard to find ways to Streamline the building permit process. One of the processes that we felt was very inefficient was having Environmental Health sign off on very simple building permits. This particularly includes residential permits that do not involve any Environmental Health issues other than fireplaces and woodstoves. In those cases, the building permit would get logged "into" Environmental Health on the computer, carried down to our offices, and assigned to a staff person. Then the full roll of plans would be opened and reviewed, compared with the fireplace permit, approve& logged out of the computer, and taken back upstairs. Our task was to determine that there were no more than two fireplaces or woodstoves per building and that they were all "clean-burning". Since the Building Department also opens and reviews the same set of plans, it seemed that great efficiency improvements would happen if the Building Department were able to make sure that there were no more than two clean-burning devices when they were already reviewing the plans. Our three departments have been working together to implement this change. We all agree that a separate fireplace permit fee is not warranted since the Building Department will already be reviewing the plans, and the additional time would not be significant. For this reason, we would like to eliminate the fireplace permit fee. Since two readings of an amended fee ordinance will be required to make this fee change official. we did not want to charge a few people the fee before the ordinance is changed. So we would like to discontinue collecting the fee effective immediately. FINANCIAL IMPLICATIONS: There will be a loss of revenue to the City and County of approximately $3500. An estimated s,~ of this fee is collected in the city. There will be cost savings to citizens of an equal amount. We believe that by being more efficient, we can ensure compliance with fireplace regulations without the need for this fee. We believe this will result in time savings for applicants as well. RECOMMENDATION: Unless we hear differently from Council, we plan to discontinue collecting the fee immediately, and will return with an mended fee ordinance as soon as possible. ALTERNATIVES: Council could direct the Building Department to continue collecting the fee, or could direct Environmental Health to continue reviewing these building permits. CITY MANAGER COMMENTS: Page 2