HomeMy WebLinkAboutagenda.council.regular.20050228
CITY COUNCIL AGENDA
February 28, 2005
5:00 P.M.
I. Call to Order
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V.
VI.
VII.
VIII.
Lot
IX.
X.
Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #4, 2005 - Main Street Banner - Mountain Travel Symposium p' a...,- f:;,
b) Spring Jam Core Party Special Event Requests. p. "1- I'
c) Little Ajax Footprint Changes (J.IJ..-.3J/-
d) Resolution #5, 2005 - Contract for Parks Vehicle p' &J-1/I
e) Board Appointments
f) Minutes - February 14, 2005
First Reading of Ordinances
a) Ordinance #13,2005 - Code Amendments - Miscellaneous Land Use P.H. 3/14f.4-~-53
b) Ordinance #14, 2005 - Charter Amendment -Municipal Court Jurisdiction P.H. 5<1 51
3/14 .p. -
Public Hearings
a) Ordinance #50,2004 - Fox Crossing Subdivisionlf).4,t>- S-g
b) Ordinance #4,2005 - 701 West Main Street Histd'ric Lot Split (continue to 3/28)
c) Ordinance #8,2005 - Soldner/Burlingame Ranch Initial Zoning f?' 11, /03
d) Ordinance #9, 2005 - Code Amendment - Lodge Zone District p. loJ- 18 I
e) Ordinance #5,2005 - Code Amendment - CommerciallDesign i!'edes{rian
Amenities tJ. /.3;1.. - 1&10,/
f) Ordinance tf7, 2005 - Code Amendment - Mixed Use Zone District /), / i.;/ - /11
g) Resolution #6, 2005 - Appeal of Code Interpretation - Condition Us~ for Parkingf; n:iJ1')."
Action Items
Adjournment
Next Regular Meeting March 14.2005
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
MEMORANDUM
VIa..
TI-IRU:
Mayor and City Council
Chris Bendon, Community Development Director~
Sarah Oates, Zoning Officer b
TO:
FROM:
DATE:
February 28, 2005
RE:
Request for Flags on Light Posts-Mountain Travel Symposium
SUMMARY:
Nancy Lesley, Director of Special Events and Marketing of the City of Aspen is
requesting permission to use the Main Street light posts from Sunday, April 3, 2005 to
Sunday, April 9, 2005 for the Mountain Travel Symposium. The event is being held April
3-9,2005 and Symposium is celebrating its 30th Anniversary. Please see the attached
memo from Nancy Lesley for additional information regarding the Mountain Travel
Symposium.
On December 17, 200 I, Council adopted policies regarding signs on public property. Per
Section IV(E) Eligibility for Banners and Flags on Main Street Light Posts states:
Only applicants for significant anniversaries (25th, 50th, 75th and JOOth) of
local non-profit organizations shall be eligible for consideration pursuant to
this policy. All other requests from other organizations or for other types of
events shall beforwarded to City Council.
Further, the purpose section for Banners and Flags on Main Street states the
following:
Banners andflags hung from light posts on Main Street have traditionally
been permitted to celebrate very ,special events of community interest. The
purpose of these policies and regulations is to clarify which events may be
celebrated and advertised through the use of banners or flags hungfrom the
City-owned light posts on Main Street. Banners hungfi'om the Main Street
light posts shall he permittedfor significant anniversaries (25th, 50th, 75/h.
and 100/h) of local non-profit organizations. Prominent local, regional,
state or national events shall not include recurring annual events or events
that are not considered significant to a large segment of the community
The United States, Colorado, Aspen, andforeign countryflags shall be
permitted at the discretion of the City Manager, Mayor or City Council.
In the past, Council has granted requests for prominent local, regional, state or national
events. Past policy has been that use of the Downtown light posts were acceptable for
events that do not meet the above criteria.
ApPLICANT:
City of Aspen
PROCEDURE:
City Council may grant exceptions to the "Policies Regarding Signage on Public
Property."
RECOMMENDATION:
Staff recommends denial of the request for the use of the Main Street light posts as the
Mountain Travel Symposium clearly is not consistent with the City of Aspen Policies
Regarding Signage on Public Property. Staff recommends approval of the Downtown
light posts as this is consistent with the policies.
RECOMMENDED MOTION:
"I move to approve Resolution #j, 2005 granting approval for Mountain Travel
Symposium flags to be installed on the Downtown light posts from April 3, 2005 to
April 9, 2005."
CITY MANAGER'S COMMENTS:
RESOLUTION NO. !/
(Series 2005)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING APPROVAL FOR FLAGS ON THE DOWNTOWN LIGHT POSTS FOR THE
MOUNTAIN TRAVEL SYMPOSIUM
WHEREAS, a request was received by the Community Development Department from the
City of Aspen to allow Mountain Travel Symposium flags on the Main Street light posts and the
Downtown light posts to celebrate the Mountain Travel Symposium in Aspen; and
WHEREAS, the Aspen City Council adopted Resolution 118, Series of 2001, approving
the policies regarding signage on public property; and
WHEREAS, Section lyrE) Eligibility for Banners and Flags on Main Street Light Posts of
that policy states;
Only applicants for significant anniversaries (25'h, 5(1", 75'h and lO(jh) of local non-
profit organizations shall be eligible for consideration pursuant to this policy. All other
requests from other organizations or for other types of events shall be forwarded to City
Council.
WHEREAS, during a public meeting on February 28, 2005, the City Council found that
the Mountain Travel Symposium does not meet Section IV(E) as cited above but is eligible for
using the Downtown light posts, which are not subject to Section IV(E) of the Policies Regarding
Signage on Public Property; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
SECTION 1:
The Aspen City Council does hereby approve of the request for mounting of the Mountain Travel
Symposium flags on the light posts in downtown for the dates of April 3, 2005 to April 9, 2005.
APPROVED by the Aspen City Council as its regular meeting February 28, 2005.
APPROVED by the City Council at its meeting of February 28, 2005.
Approved as to form:
Approved as to content:
John Worcester, City Attorney
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Memorandum
TO:
Sarah Oates
FROM:
Nancy Lesley
DATE:
February 4,2005
RE:
Sign Variance for Mountain Travel Symposium
I would like to request that Council grant a sign variance to Mountain Travel Symposium
to allow flags on the light poles along Main Street.
Mountain Travel Symposium will be held in Aspen April3rd - 9th, 2005. This gathering
of 900 tourist representatives, here, in one of the worlds most celebrated mountain resort
communities is noteworthy on it's own. But in addition, Mountain Travel Symposium is
celebrating its 30th anniversary.
Mountain Travel Symposium provides the forum for networking, sales and education for
the mountain destination tourism industry. The symposium is the largest, most
comprehensive and longest running program that exclusively focuses on mountain resorts
and their all-important base of tourism. This one of a kind week provides unparalleled
networking and the highest caliber of industry experts addressing timely and important
mountain destination issues.
We want to showcase Aspen in the best possible light, welcoming our guests in a way
that we hope, encourages them to continue sending their guests and contacts to Aspen.
Over the 7 days three general sessions and more than fifteen workshops will focus on
strategies that industry leaders can employ to successfully Manage the Challenge of
Change, as we believe that Aspen is the leader of that philosophy.
MEMORANDUM
\f'b
TO:
Mayor and Council
FROM:
Kathryn Koch, City Clerk
DATE:
February 22, 2005
RE:
Spring Jam Kick Aspen Big Air Contest and Core Party
SUMMARY: Aspen Skiing Company has requested special event permits for Spring Jam. The
events are:
. KickAspen Big Air at the base of Aspen Mountain, Friday, March 18th - 7 to 9 p.m.
. Rail Revolution in the Lower Gondola Plaza, Saturday, March 19th - 6 to 8 p.m.
. Concert on the Cooper and Galena mall, Saturday, March 19th - 8 to 11 p.m.
Council approval is not required on KickAspen Big Air or Rail Revolution as they are being held
on Ski Company property and end before 9 p.m. There are sign requests, see below.
The special event committee reviewed all 3 ofthese events and recommends approval. The
approvals requested from Council are:
. approve or disapprove the request for noise to 11 p.m., which is beyond allowed
time of9 p.m.
. the request to close Cooper and Galena,
. and the request for Budweiser blow up television and Nissan truck with screen
various times and locations
DISCUSSION: The Special Event Committee met with the Skiing Company February 22nd to
review all 3 events. None of these are new events. The applicants delivered letters to every
business and residence fronting each venue. The letter for the Spring Jam concert is attached as
it thoroughly outlines the event and related requests.
The street closures will be the same as last year. Cooper and Galena streets will not be closed
until 4 p.m. Last year there were requests from two merchants asking the city not to approve
street closures for the entire day. The agreement worked out with Tim Ware, parking director,
and the applicant is that the parking on Galena and Cooper Avenue will be left open until 4 p.m.
on Saturday.
The Aspen Skiing Company will be responsible for signing the two blocks with fluorescent signs
alerting people that the streets will be closed after 4 p.m. The Skiing Company will have their
ambassadors circulating and letting people know they must move their car by 4 p.m. The Skiing
.~._.._~~.__,,_~_,__~_^,_.__.._.+..~M_
Company will work with the parking and police departments to have a tow truck available and a
location for courtesy tows, if needed, to clear out the venue. The Skiing Company will also have
transportation to these towed cars, if any. These tows will be at no cost to the car owners. Last
year no tows were necessary.
Section l8.04.050(a)(3) allowed noises states (3) Special Events or other events to which the
public is invited with the following conditions:
(a) The maximum decibel level at the perimeter of the event does not exceed 100
decibels; and
(b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.;
and
(c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source
are notified. Such notification must be in writing and be done seven (7) days prior to
the starting time of the event; and
(d) The arrangement ofloud speakers or the sound instruments must be such that it
minimizes the disturbance to others resulting from the position or orientation of the
speakers or from atmospherically or geographically caused dispersal of sound beyond
the property lines.
This event is open to the public and is free. The Special Event Committee reviewed the noise
variance request. C. J. Oliver, environmental health department, requested a definitive schedule
on sound checks. Council has final review authority on proposed concert because of the
proposed hours until 11 p.m. and that it is located in the middle of the commercial core.
The applicant requested approval for potential sponsor tents within the "Core Party" venue. At
this time, they have no firm commitment from sponsors. These tents would have merchandise
for sampling and display only. Council must review and approve "commercial uses of the public
rights-of-way".
The applicant has also requested a "blow up Budweiser television" at the Kick Aspen contest,
Friday March 18th in the gondola plaza and in the Core Party venue. This Budweiser blow up
and television was located in the gondola plaza during A WOL, at the comer of Hunter and
Cooper during the Offspring and the Big Head Todd concerts, at last year's Spring Jam concert,
and at this year's A.W.O.L. A color copy ofthe Budweiser blowup is attached. Sarah Oates,
zoning enforcement officer, noted she received no complaints over this item.
The applicants have also requested a Nissan truck with screen, which televises and promotes
these events to be parked in the gondola plaza the week preceding the KickAspen party. A
picture of that truck shows that there is no advertising on the truck other than a screen. They also
request one Nissan truck to be parked in the Core Jam venue with a television screen and another
Nissan truck in the venue with dancers. They also request the Nissan truck outside the Wheeler
. th
Sunday, March 20 for the NEPSA awards
FINANCIAL IMPLICATIONS: There will be overtime costs to both the police department
and the parking department. The parking department will have some charges for parking spaces
used by this event and parking permits for the base of the gondola area. At this time we do not
know what those charges will be. The applicants request waiver of any parking charges.
RECOMMENDATION: Staff recommends Council support this event. The venue worked last
year; it is open to the public. It is during Spring Jam and meets the Ski Company's goal of
adding value to the guest's experience. It furthers the city's statement of focusing on Aspen, the
world's premier resort community.
ALTERNATIVES: The alternative is not to approve the concert. The Skiing Company states
they "hope to continue creating exceptional spectator venues which establish AspenlSnowmass
as a cutting edge leader in resort activities". We did not discuss alternative locations.
PROPOSED MOTION: If Council adopts the consent calendar, the are approving the Core
Party Saturday, March 19th from 8 p.m. to 11 p.m. located at Cooper and Galena and also to
allow sponsor tents within the venue for sampling and display only and to allow the blow up
Budweiser television at two locations and the Nissan truck at 3 locations.
CITY MAN.AG~R COMMENTS: .~ ~ ~ .~ v: e. ~.."''' c'^1t'~
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~ntr:'""1 v.... 'Z" 7>~. / -.J
1. Letter to adjacent properties re: Spring Jam concert
2. Map of Spring Jam concert venue
3. Budweiser Blowup
4. Nissan truck with TV screen
ASP ~~ ~ S ~p! !I~ C~M~~'
SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK
asPl!lLjS1l11/D 11lB55
MARCH 17 - 20, 2005
FEATURING CORE PARTY IN DOWNTOWN ASPEN MARCH 19
February 18,2005
It is almost March and that means that it is time again for the fun and celebration that is Spring Jam. This year's Spring
Jam is full of events that will make the Aspen experience a memorable one for all that are visiting town and for locals that
have come to expect exceptional events from Aspen/Snowmass. The Core Party is scheduled for Saturday, March 19 on
the corner of Cooper and Galena streets. The Core Party venue is located on City of Aspen property, which requires a
special permit. We are scheduled to appear before the special events permit committee on Tuesday, February 22 at 10 am
followed by an appearance before City Council on Monday, February 28. If you have any concerns regarding plans in the
venue please feel free to attend the meeting on the 2200 at City Hall, or you can contact us any time prior to the
February 28 meeting. If you are interested in learning more about the weekend's events, please visit
www.asDcnsnowmass.com for a complete schedule.
Saturday, March 19
8 -11 pm
Core Party _ 'Core' defines genres and takes on a Spring Jam twist as the heart of downtown Aspen will be transformed
into a one-of-a-kind fete where hiplhop performers, dj' s, break-dancers and special effects will take the action into late
night. The event is free and open to the public.
VENUE
. The venue, located at the corner of Cooper and Galena streets (please see attached layout), will feature graffiti artists
on platforms, a stage, lighting and sound systems, chain link triangle towers, an inflatable video screen and sponsor
banners/signage.
. A 40' x 24' stage will be placed on the mall at the corner of Cooper and Galena streets. The stage deck will be about
6' high and there will be a load-bearing, roof at about 20' above the deck, and 26' off the ground. 2 wings measuring
8' x 16' will extend from the front of the stage. The stage will play north down Galena and east down Cooper. Two
quiet generators will also be in this area along with various trucks, forklift, equipment etc.
. Friday, March 18 (8 am _ 6 pm) set up to include placement of stage, lights, forklift and generators etc. In addition,
the City of Aspen will remove the light poles and garbage bins within the stage area and the light poles across the
street.
. Saturday, March 19 (8 am _ 7 pm) set up continues to include build out of lighting and sound, front of house tent,
artist platforms, triangle towers, beer garden and video screen inflatable. See additional information below related to
parking and street closures.
. Saturday, March 19 (8 pm _ II pm) a sound system will be running. There may also be announcements earlier and a
sound check will be conducted from 5 :30 - 6:30 pm.
P.O. Box 124B
Aspen, CO 81612,1248
970.925,1220
www.aspensnowmass.com
@PrtnledonRecytledPa~.
SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK
ASP E,N ~ S ~p~ !,! C~M~!N
Saturday, March 19 (11 pm - 2 am) teardown to include sound, beer garden and any street tents/platfonnslstructures.
We will make best efforts to work with surrounding homeowners and lodges to keep loud noise to a minimum.
Sunday, March 20 (8am - 2 pm) teardown continues to include lighting, stage, trailer, forklift and generators.
Monday morning the generators, forklift and any light plants will be picked up along with porta potties.
All sidewalks, with the exception of the front of the stage area, will remain open and safely accessible to the public
throughout set-up/tear-down and the event.
Porta potties will be provided for public use.
An ALS ambulance will be on site for any medical issues.
There will be 1- 2 Nissan trucks featuring video screens and/or dancers placed in the venue.
There will be sponsor tents and sponsor signage in the venue.
There may be a "Hollywood" light in use at the venue.
4 fIre cauldrons with fIre extinguishers approved by the Fire Marshall will be in use.
.
.
.
.
.
.
.
.
.
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PARKING & STREET CLOSURES
. Parking and streets will remain open until 4 pm on March 19, with the exception of 12 spots requested for event use
from 8 am Saturday, March 19 until Noon on Sunday, March 20. (see attached venue layout). The spots will be used
for platforms for artists, lighting, and front of house mix location and some of them are already assigned for
taxi/police use, so removing those spaces will not affect public parking. We will post signs clearly explaining the
parking regulations and have ambassadors on hand to educate the public. The public will be encouraged to continue
with "business as usual" until 4 pm when the streets/parking are closed.
. At 4 pm parking will be prohibited from the corners of Hyman & Galena to Cooper & Hunter. Barricades will be
staged at those corners to close the venue to through traffIc, These traffIc barricades will be removed when the venue
is cleared by approximately 2 am. If any cars left in the venue are affecting set-up at 4 pm, then they will be towed at
the event's expense, to a site determined by the City of Aspen, with transportation provided by the event for pick up
for the individual who was towed. Any additional cars left in the venue will be towed at 7 pm prior to the event start.
The parking plan/street closure plan was very successful last year, Business was conducted as usual throughout the
day and no cars were towed.
SECURITY
. Approximately 25 - 30 private paid security personnel will be on site to handle crowd control from 8 pm - Midnight.
ALCOHOL
. A beer garden managed by Boogie's Diner will be located in the venue with appropriate security and fencing.
TRASH
. BFI cardboard containers with liners will be placed throughout the venue approximately every 50 feet and paid labor
will be hired to keep the venue clean during and after the event.
The impact of our event on the homeowners and businesses surrounding these venues is of concern to us, so please do not
hesitate to contact us if you have any questions or comments.
Thank you for your support,
Nancy Scheinkman
Event Director, Spring Jam
Telos Productions, Inc.
925-2969
telosinc@!.comcast.llet
p.o. Box 1248
Aspen, CO 81612,1248
970-925,1220
www.aspensnowmass.com
David Laughren
Music Director, Spring Jam
Avalanche Productions
544-2068
avalancheconcerts@earthlink.net
@PritlledonRecycledP~per.
\/\e-
MEMORANDUM
TO:
THRU:
FROM:
RE:
DATE:
Mayor Klanderud and Aspen City Council ~
Chris Bendon, Community Development Director
James Lindt, Planner -:;JL
Consent Item- Little Ajax Footprint Changes
February 28, 2005
BACKGROUND:
The Little Ajax Affordable Housing project was approved by City Council on January
24th, pursuant to Ordinance No.1, Series of 2005, The approved project is to consist of
fourteen (14) deed-restricted, "for sale" affordable housing units of 41 total bedrooms.
During the public hearing on January 24th, the Applicants showed Council a model
(photo attached as Exhibit "B") of the fourteen (14) unit scheme for the site that was
subsequently approved.
The model that was reviewed and approved by Council oriented the southeastern portion
of the building in a manner that hugged the contours at the base of Shadow Mountain. In
subsequent discussions with the Applicants, it was indicated to Staff that the Applicants
would like to slightly reorient the southeastern portion of the building from that which
was shown on the model at the Council hearing. The proposed changes are as is seen in
the photograph below (red indicates approved 14-unit footprint, blue indicates the
proposed changes):
Approved Footprint
- 1 -
STAFF DISCUSSION:
Alteration to Southeastern Corner of the Development:
The Applicants have detailed their reasons for requesting a change to the southeastern
portion of the building in the letter attached as Exhibit "A". Staff agrees that the
requested alteration would provide better views from within the units in the southeastern
module of the building. The changes will also lessen the visual impact of the building
from W. Hopkins Avenue by reducing the linear length of the fayade that is parallel to W.
Hopkins Avenue. Staff believes that the requested alteration will not push the building
substantially closer to the undeveloped Boomerang Lodge parcel and will actually open
the courtyard area up for better vehicular turning movements.
It is Staffs intention to approve an administrative, insubstantial PUD amendment to
allow for the requested alteration to the footprint and associated change to the elevations
as proposed, if City Council does not object to the proposed change. Staff feels that the
change is in compliance with the review standards for approving an insubstantial PUD
amendment and that the design is still similar in character to that which was approved at
the January 24th hearing. By approving this item on consent, Staff will assume that
Council does not object to the building footprint and associated elevation changes
and will subsequently approve an administrative, insubstantial PUD amendment.
Alternatively, if Council would like to discuss the proposed footprint changes,
Council has the option of pulling the item from the consent agenda and discussing it
as an action item.
CITY MANAGER'S COMMENTS:
~~~.
RECOMMENDED MOTION:
"I move to direct Staff to process an administrative PUD amendment to the Little Ajax
affordable housing PUD, approving a revised building footprint and associated changes
to the building elevations on the southeastern portion of the development."
ATTACHMENTS:
Exhibit A - Letter of Request, Site Plan, and Elevations
Exhibit B - Photos of Approved and Proposed Models
- 2 -
....--~-~-----"-~-~"""_.---~.........-',...---~._-<" -- .--_.~-~
Peter L. Gluck & Partners
Gx Yt I k:J I t ':4 jI
646 West 131<1 Street at Twelfth Avenue
New York, New York 10027
212690-4950
212690-4961
www.gluckpartners.com
MEMORANDUM
RE: Little Ajax Footprint Revisions
Feb. 18,2005
James Lindt
Aspen Community Development
130 S. Galena St'
Aspen, CO 81611
James,
As per your request I have enclosed diagrams and model photos illustrating the revisions that we have
made to the Little Ajax Project. After the City Council approval on Jan. 24th of a reduced 14 unit
project our team went back to work to develop and finalize the design. The footprint has since
undergone slight but important modifications relative to the 14 unit massing model presented at the
Council Meeting in ways that we believe further the goals of the design. Specifically you have asked
me to address the change to the footprint on the Southeastern side of the project, where the angle and
position of the Easternmost wall has been modified and pushed somewhat closer to the property line.
Outlined below is the specific rationale for this adjustment.
I. The Angle of the Easternmost fayade of the building has been skewed further away from parallel to
West Hopkins and the Boomerang site below. This angle creates a third pedestrian and visual "slot"
that provides visual connection from West Hopkins up to Shadow Mountain above, and it aligns with
the first story of the front building. While this fayade is somewhat closer to the property line than the
previous 14 unit scheme massing model presented to City Council, it is still significantly further than it
was for the 16 unit scheme. The average distance is 22' from the property line and is still an average of
10' further from the property line than it was in the 16 unit scheme. The new skew steers the building
away from a head on relationship with the site below and its future proposed building. Rather than
loom over that site, it will create a more generous and interesting space and enhance the existing view
corridor( see attached model photographs).
2. The adjustment of the Eastern fayade was part of an overall modification to the footprint, where the
back(or southern) masses were brought further down the hill along the west and then kicked back-up
the hill before folding back down on the eastern side. This geometric modification is a significant
improvement from the previous version. It decreases the unbroken length ofthe rear fayade from West
Hopkins from 96' to 56'. It also allows for a more generous courtyard that will let in more light from
the East and allow for a full 29' turning radius( outside wheel) so that even larger cars can move through
the courtyard without a 3 point turn.
Also attached are the revised plans for the 14 unit scheme. We have made some slight but important
changes to the original 16 unit plans as noted below:
I. Pedestrian slots have been significantly widened. The Western-most slot allows circulation both up
the stairs to the units and below the stairs directly into the garage and storage area.
Peter L. Gluck & Partners
2. The shape of the trash/mail room area has been modified to create a view corridor up to the east that
corresponds to the revised angle of the southeastern units as discussed above. The modification also
creates a significant pedestrian area below the overhang above.
3. Location of porches on the rear units have moved to the front side of the units, making them more
conveniently located relative to the kitchen and entry areas. Living rooms will receive better light.
Please call if you have any questions in regards to these matters.
Sincerely,
Charlie Kaplan
Aspen GK III LLC
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212 690-4950 X 314
2.12. 690-4961
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Parks and Recreation
Department
MemorandlU11
To: Mayor and Council
Thru: Ed Sadler, Asset Manager
Thru: Jeff Woods, Manager of Parks and Recreation
From: Tom Rubel, Parks Operations Superintendent, Stephen Ellsperman, Deputy
l
Director of Parks and Open Space ~t:-.
,
Date: 2/22/2005
Re: Hybrid Vehicle Contract Approval
S~~~~~~--Th~-P~k~-~~d-R~~~~~;i~~-D~~~~~~~~-h~~-~~i~~d~~~~~~~i~~~-~~~~~h~-~-~~-;~~-----
years and has taken multiple steps to become a larger player in City Council's directive for the City
to be the best environmental stewards possible. The Department recently completed an analysis of
the current fleet configuration, which is used extensively to complete our many multiple missions,
and we determined that we need an additional vehicle to properly provide service to the citizens and
visitors of Aspen. In order to meet the environmental standards set forth by the Council and to
provide service to the community, the P~ks and Recreation Department is formally requesting
approval of a contract for the purchase oflfybrid vehicles.
^
Discussion: As the Parks Department has been successful in completing the many projects which the
Council has directed, there has been a significant increase in maintenance responsibilities. The
Aspen Recreation Center, the Entrance to Aspen, Cemetery Lane Trail, Highlands Trail, Red and
Yellow Brick expanded responsibilities, and the completed Community Campus are just a few of the
examples of areas which require extensive maintenance responsibilities. The increase in staff
required to maintain these facilities necessitates the addition of a vehicle to the Department Fleet.
After researching hybrid vehicles, we have found a hybrid vehicle that will provide four-wheel drive
capabilities for safety, reliability, and dependability for all of the various tasks required. For your
information, we also intend to convert one of our existing vehicles to a hybrid vehicle to be utilized
for commuting purposes and as a shared staff vehicle for operations. We feel strongly that this
conversion to hybrid vehicles will both save money on fuel costs and be a better choice for the City
of Aspen.
February 22, 2005
The Asset Manager has approved the reconfiguration of the Parks Department Fleet Budget for 2005
to accomplish the purchase of a new hybrid vehicle. The net result of utilizing these resources is that
we are not requesting any new funds from the City Council at this time. The hybrid vehicle that has
been selected is the Ford Escape with four-wheel drive, averaging 32 mpg. This vehicle has the
proven reliability needed with the environmentally friendly aspects of hybrid vehicles. The attached
Supply Procurement Agreement details the specifics of the Hybrid Vehicle Purchase, including the
total cost for two (2) Ford Escape 4WD vehicles at $55,600.
Financial Implication: The reconfiguration of the 2005 Parks Department Fleet Budget allows the
purchase of these vehicles with existing funds. There is no impact or request for funds for this
expenditure.
Alternatives: Continue purchasing large trucks or vans that average 15 to 18 mpg in order to
accomplish maintenance responsibilities.
City Manager Comments:
~~n_. 0 ~_
2
RESOLUTION NO. b
Series of 2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR PURCHASE OF TWO FORD ESCAPE HYBRID
SPORT UTILITY VEHICLES FOR THE CITY OF ASPEN PARKS AND
RECREATION DEPARTMENT, BETWEEN THE CITY OF ASPEN AND
GLENWOOD SPRINGS FORD, AND AUTHORIZING THE MAYOR OR CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Supply Procurement
Agreement for purchase of two Ford Escape Hybrid Sport Utility Vehicles for the Parks
and Recreation Department fleet, between the City of Aspen and Glenwood Springs Ford,
a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Supply
Procurement Agreement for purchase of two Ford Hybrid Sport Utility Vehicles for the
Parks and Recreation Department fleet, between the City of Aspen and Glenwood
Springs Ford, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the Mayor or City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the _ day of
,2005.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
TLO- saved: 2/22/2005-279-G:\tara\Resos\hybrid.parks.doc
SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 2005 -3FM
THIS AGREEMENT made and entered into, this 18 dav in Februarv
of 2005, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and
Glenwood Sprinqs Ford. hereinafter referred to as the "Vendor."
WITNESSETH, that whereas the City wishes to purchase"
Two(2)FordEscaoeHv-BridSUV's
Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the
Contract Documents and any associated Specifications, 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 hereinafter 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 Vendor's Bid for the sum of
Fifty-Five ThoClsand. Six Hundred and no cents dollars ($ 55.600.00 ).
2. Deliverv. (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 hereby made a part of this
Agreement as if fully set out at length herein.
4. Warranties. A full description of all warranties associated with this purchase shall
accompany this contract document.
5. Successors and Assiqns. This Agreement and all of the covenants hereof shall inure to
the benefit of and be binding LlPon the City and the Vendor respectively and their agents,
representatives. employee, successors, assigns and legal representatives. Neither the City nor
the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
6. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Vendor or City may assign
this Agreement in accordance with the specific written permission, any rights to claim damages or
to bring any suit, action 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. Waivers. No waiver of default by either party of any of the terms, covenants or
conditions hereof to be performed, kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the terms, covenants or conditions
herein contained, to be performed, kept and observed by the other party.
7-PURCH
8. Aqreement Made in Colorado. The parties agree that this Agreement was made in
accordance 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.
g, 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
attorney's fees.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the
mutual efforts of the parties hereto and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of the
parties in the negotiation, review or drafting of the Agreement.
11. Certification ReClardinq Debarment. Suspension. Ineiiqibilitv, 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 certifies
that prior 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 '\iendor or any
lower tier 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 aqainst Continqent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Vendor warrants 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 securing business.
Vendor agrees not to give any employee or former employee of the City a gratuity or any
offer of employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering advice, investigation, auditing, 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 proceeds thereof, except those that may have been disclosed at the time
City Council approved the execution of this Agreement.
In addition to other remedies it may have for breach of the prohibitions against contingent
fees, gratuities, kickbacks and conflict of interest, the City shall have the right to:
7-PURCH
1 . Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a vendor, contractor or
sub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise 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 Citv.
The sale 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 cancellation is in its best interests and convenience.
14. Fund Availabilitv. Financial obligations of the City payable after 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. Citv Council 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, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform under this Agreement. Vendor
agrees to meet all of the requirements of City's 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. Inteqration and Modification. This written Agreement along with all Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and oral agreements of the parties. In addition, vendor understands that no City
official or employee, other than the Mayor and City Council 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 helshe is an authorized
representative of Vendor for the purposes of/executing this Agreement and that helshe has full
and complete authority to enter into this Agreement for the terms and conditions specified herein.
IN WITNESS WHEREOF, The City and the Vendor, respectively 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:
7-RURCH
By:
ATTEST:
City Clerk
VENDOR: G,L~U-:>~D S'pjt\~~ ~~D
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.
Title. ~L.~"\ (V) A-IV~c....~
.
,
7.PURCH.DOC
7-PURCH
MEMORANDUM
V\'CL
TO:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director~A
Joyce Allgaier, Community Development Deputy Director
THRU:
FROM:
James Lindt, Planner ~L
MISCELLANEOUS LAND USE CODE AMENDMENTS; 1 ST READING OF
ORDINANCE No.~, SERIES OF 2005
RE:
DATE:
February 28,2005
REQUEST SUMMARY:
The Community Development Department proposes miscellaneous code amendments to
Section 26 of the City of Aspen Municipal Code (hereinafter called the "Land Use
Code").
REVIEW PROCESS:
The Department requests approval of the following:
1) Amendments to the Land Use Code; According to Section 26.310.020, public
hearings before the Planning and Zoning Commission and City Council are required
for any proposed amendments to the Land Use Code. Final Review Authority: Citv
Council
BACKGROUND/EXISTING CONDITIONS:
The following proposed code amendments are an accumulation of changes to the code
that Staff has been compiling over the past half of a year. Most changes are relatively
minor and are, simply clarifications or "clean up" of code language that Staff, as well as
Planning and Zoning Commission and City Council, have found to be problematic in the
past for one reason or another.
STAFF COMMENTS:
AMENDMENTS TO THE LAND USE CODE
Staff finds that the proposed Amendments to the Land Use Code comply with the
applicable review criteria (see Exhibit "A" for Staff Findings). The following is a list of
the proposed code amendments, the issue necessitating the amendment, and the proposed
solution (also see the ordinance for proposed wording without strikeout and bold text):
LAND USE CODE AMENDMENTS STAFF REPORT
PAGE I
SECTION 1- DEFINITION OF EXTERIOR P ASSAGEW A Y:
Staff proposes to add a definition of an "exterior passageway" to the land use code
because it is a term that is used in the setback requirement that is suggested to be
amended in Section 3 of this memorandum below. Staff believes that the term "exterior
passageway" as it used in the requirement referenced in Section 3 below means an
unenclosed upper-floor deck that is open on at least two (2) sides and that links two or
more enclosed portions of a structure. That being the case, Staff is proposing that the
following bolded language be added to the code.
26.104.100 Definitions: Exterior Passageway. An unenclosed deck on the second floor
or above that is open on at least two (2) sides that links two or more enclosed portions of
a structure and serves as a principal access to outside-loaded lodge rooms and multi-
family dwelling units.
SECTION 2 - DEFINITION OF STORAGE:
Staff proposes to add some language to the definition of "storage area" to clearly indicate
that plumbing fixtures and mechanical equipment supporting the primary use of the
structure are not allowed within storage areas. The proposed amendment is important
because storage space does not count towards net leasable square footage and thus is
exempt from growth management scoring and competition, and the allowance of
plumbing fixtures to be installed within storage space diminishes the utility of the storage
space. Therefore, Staff is proposing that the following bolded language be added to the
code.
26.104.100 Definitions: Storage Area. A detached accessory structure, or a separately
accessible portion of structure, intended to house items normally associated with the
principal use of the property but not independently capable of residential, commercial, or
lodging use. Areas defined for storage purposes shall not contain plumbing fixtures
or mechanical equipment that support the principal residential, commercial, or
lodging use of the property.
SECTION 3 - PROJECTION OF INDIVIDUAL BALCONIES INTO REOUIRED YARDS:
Staff proposes to add some language to clean up the existing code language related to
how far an individual balcony can extend into the required setback. The current language
reads as follows:
26.575.040(A)(3) Individual balconies not utilized as a passageway (provided
they do not project more than one-third (1/3) the distance from the exterior wall
to the property line)--Four (4) feet
Staff has interpreted the above language to mean that an individual balcony can extend
one-third of the way between the required setback and the property line up to a maximum
LAND USE CODE AMENDMENTS STAFF REPORT
PAGE 2
of four (4) feet. Staff feels that the above language is not clear. Therefore, Staff is
proposing that the following language be inserted to replace the above language in its
entirety.
Section 26.575.040(A)(3), Yards- Balconies not utilized as an exterior passageway,
may extend one-third of the way between the required setback and the property line
UP to a maximum offour (4) feet into the setback.
SECTION 4- CONSERVATION ZONE DISTRICT: PERMITTED USES:
Staff feels that typical special events associated with the activity of operating a ski area at
a ski area base should be permitted without requiring a conditional use review as long as
the special events committee reviews an event for safety precautions. That being the
case, Staff is proposing to add "temporary special events associated with ski areas" as a
permitted use in the Conservation Zone District in which the base of Aspen Mountain is
located. This is consistent with the language that already exists in the Ski Area Base
Zone District in which the Highlands Base Village is located in. Staff is proposing the
following language:
Section 26.710.220(B), Conservation Zone District Permitted Uses: Temporary
special events associated with ski areas including, but not limited to, such events as
ski races, bic c1e races and concerts; with s ecial event committee a roval.
SECTION 5 - TIMESHARE FISCAL IMPACT ANALYSIS (TAX BY TAX REVIEW): StafT
proposes to add language to the timeshare section of the code that is derived from Staff s
policy for reviewing a timeshare fiscal impact analysis provided by a lodge owner that
wants to convert their traditional lodge to a timeshare lodge. The fiscal impact analysis is
required of lodge owners that want to convert their lodge properties to timeshare lodges
and is used to determine if there is likely going to be a reduction in tax revenues collected
by the City as a result of the conversion and to ensure that any decrease in tax revenues
would be mitigated for in conjunction with the proposed timeshare conversion. So, the
fiscal impact analysis that is required to be submitted in a lodge conversion situation is
essentially a comparison between existing tax revenues collected by the City and
anticipated tax revenues collected by the City over the life of the property as a timeshare
lodge.
Staffs policy has been to compare eXlstmg tax revenues collected by the City with
anticipated tax revenues of the proposed timeshare development on a tax by tax basis.
Therefore, existing property tax revenues would be compared with anticipated property
tax revenues; existing sales tax revenues would be compared with anticipated sales tax
revenues; existing lodging tax revenues would be compared with anticipated lodging tax
revenues; and anticipated real estate transfer tax revenues upon sell of the property would
be compared as a lodge and as a timeshare lodge. Under Staffs policy, if a decline is
anticipated in any of the specific tax categories as a result of a conversion to timeshare, an
applicant would have to mitigate for the anticipated decline upon converting to timeshare.
The City Finance Director has indicated that reviewing the fiscal impact analysis on a tax
LAND USE CODE AMENDMENTS STAFF REPORT
PAGE 3
by tax basis is the most comprehensive method of ensuring that a conversion to timeshare
will not have a negative impact on the City's ability to provide services.
That being explained, the existing code language does not specifically discuss that the
analysis of a timeshare conversion is to be completed on a tax by tax basis which has led
some applicants to challenge Staffs tax by tax review policy. Therefore, Staff is
proposing that the following bolded language be added to the code to clarify that review
of a fiscal impact analysis shall be done on a tax by tax basis.
Section 26.S90.070(A)(3), Review standards for timeshare lodge development (last
paragraph)- If the fiscal impact study demonstrates there will be an annual tax loss to the
city from the conversion of an existing lodge to a timeshare lodge in any of the specific
tax categories (property tax, sales tax, lodging tax, RETT tax), then the applicant shall
be required to propose a mitigation program that resolves the problem, to the satisfaction
of the Aspen City Council. Analysis of the Fiscal Impact Study shall compare existing
tax revenues for a lodgiug property with anticipated tax revenues. The accepted
mitigation program shall be documented in the PUD Agreement for the project that is
entered into between the applicant and the Aspen City Council.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed amendments and
unanimously recommended approval of the amendments in the form that City Council is
reviewing. The Planning and Zoning Commission's Resolution is attached as Exhibit
"B" and the minutes from their meeting on this matter will be included in the packet for
second reading of the ordinance.
STAFF SUMMARY AND RECOMMENDATION:
Staff recommends approval of the amendments to the Land Use Code as proposed in the
attached ordinance and described in this memorandum.
CITY MANAGER'S COMMENTS: ~. "..Ji~ ~ ~
'/~"t.'Q?:1J" ~ J.OA;:d'lM-.. {/7J
RECOMMENDED MOTION:
"I move to approve upon first reading, Ordinance No. 13 , Series of 2005, approving
miscellaneous amendments to the Land Use Code."
A TT ACHMENTS:
Exhibit A: Amendments to the Land Use Code - Staff Findings
Exhibit B: Planning and Zoning Commission Resolution
LAND USE CODE AMENDMENTS STAFF REPORT
PAGE 4
ORDINANCE NO. t ~
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE
CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.575.040-
YARDS; 26.590- TIMESHARES; 26.710.220- CONSERVATION ZONE
DISTRICT.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26 of the City of Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310 of the Aspen Municipal Code,
applications to amend the text of Title 26 shall be reviewed and recommended for
approval or denial by the Community Development Department and then by the Planning
and Zoning Commission at a public hearing. Final action shall be by the City Council
after reviewing and considering the above recommendations; and,
WHEREAS, during a duly noticed public hearing on February I, 2005, the
Planning and Zoning Commission heard the recommendation of the Community
Development Director, took public comment and approved Resolution No.7, Series of
2005, recommending that City Council approve the proposed land use code amendments;
and,
WHEREAS, during a duly noticed public hearing on March 14,2005, the Aspen
City Council considered the recommendation of the Planning and Zoning Commission,
the Community Development Director, and took public comment and approved
Ordinance No. _, Series of 2005, approving miscellaneous land use code amendments;
and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and,
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF ASPEN THAT:
Pursuant to the procedures set forth in Land Use Code Section 26.310, Amendments to the
land use code and official zone district map, City Council hereby approves the land use code
amendments identified herein.
Section 1:
That the following definition of "Exterior Passageway" be added to Land Use Code Section
26.104.100, Definitions:
Exterior Passageway. An unenclosed deck on the second floor or above that is
open on at least two (2) sides that links two or more enclosed portions of a
structure and serves as a principal access to outside-loaded lodge rooms and
multi-family dwelling units.
Section 2:
That the definition of "Storage Area" in Land Use Code Section 26.104.100, Definitions,
shall be amended to read as follows:
Storage Area. A detached accessory structure, or a separately accessible portion
of structure, intended to house items normally associated with the principal use of
the property but not independently capable of residential, commercial, or lodging
use. Areas defined for storage purposes shall not contain plumbing fixtures or
mechanical equipment that support the principal residential, commercial, or
lodging use of the property.
Section 3:
That Land Use Code Section 26.575.040(A)(3), Yards, be amended to read as follows:
Section 26.575.040(A)(3): Balconies not utilized as an exterior passageway, may
extend one-third of the way between the required setback and the property line up
to a maximum of four (4) feet into the setback.
Section 4:
That Land Use Code Section 26.71O.220(B), be amended to add "Temporary special
events associated with ski areas including, but not limited to, such events as ski races,
bicycle races and concerts; with special event committee approval" as a permitted use in
the Conservation Zone District.
Section 5:
That the last paragraph of Land Use Code Section 26.590.070(A)(3), Fiscal Impact
Analysis and Mitigation, be amended as follows:
Section 26.590.070(A)(3), Review standards for timeshare lodge development
(last paragraph)- If the fiscal impact study demonstrates there will be an annual
tax loss to the city from the conversion of an existing lodge to a timeshare lodge
in any of the specific tax categories (property tax, sales tax, lodging tax, RETT
tax), then the applicant shall be required to propose a mitigation program that
resolves the problem, to the satisfaction of the Aspen City Council. Analysis of
the Fiscal Impact Study shall compare existing tax revenues for a lodging
property with anticipated tax revenues. The accepted mitigation program shall be
documented in the PUD Agreement for the project that is entered into between the
applicant and the Aspen City Council.
Section 6:
This Ordinance shall not effect any eXlstmg 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 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 8:
A public hearing on this Ordinance was held on the 14th day of March, 2005, at 5:00 p.m. 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 this 28th day of February, 2005.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed, and approved this 14th day of March, 2005.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
EXHIBIT A
AMENDMENTS TO THE LAND USE CODE
Section 26,310.040 - Standards for Review of an Amendment to the Text of Title 26:
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff is unaware of any portions of this Title that the proposed amendments are in
conflict with.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: I DOESITCOMPLV? I YES
Staff believes that the Land Use Code is largely in compliance with the elements of
the AACP and that none of the amendments proposed in this application would
affect that compliance.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: I DOESITCOMPLV? I YES
The proposed amendments apply city-wide and are proposed to help make better
land use decisions which are compatible with the existing zone districts, land uses,
and neighborhood characteristics. Staff finds that the amendments are in compliance
with the provision above.
D. The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: I DOES IT COMPLY? I N/A
Staff does not believe that any of the proposed amendments will have any impact -
positive or negative - on the traffic generation and road safety within the City of
Aspen.
E. Whether and the extent to which the proposed amendment would 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.
STAFF FINDING: DOES IT COMPLY? NIA
Staff finds that the proposed amendments will not result in demands on public
facilities or exceed ca acit of any ublic facilities.
F. Whether and the extent to which the proposed amendment would result III
significantly adverse impacts on the natural environment.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff does not believe that there will be any negative impacts to the natural
environment as a result of the proposed code amendments.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff finds that the proposed amendments will result in Code provisions that will
continue to protect and be consistent and compatible with the established community
character.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING: I DOES IT COMPLY? I NOT ApPLICABLE
The majority of the proposed amendments are in response to problems that the
Planning and Zoning Commission and Staff have experienced in administering
sections of the Code and are, simply, in need of clarification.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff finds that the proposed amendments will not be in conflict with the public
interest and, in fact, will help to protect the public interest and will be in harmony
with the intent of this Title.
ExM,'b\' ~ "B/I
RESOLUTION NO.7
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING CITY COUNCIL APPROVE
AMENDMENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE
CITY OF ASPEN MUNICIPAL CODE: 26.104.100 - DEFINITIONS; 26.575,040-
YARDS; 26.590- TIMESHARES; 26.710.220- CONSERVATION ZONE
DISTRICT.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26 of the City of Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310 of the Aspen Municipal Code,
applications to amend the text of Title 26 shall be reviewed and recommended for
approval or denial by the Community Development Department and then by the Planning
and Zoning Commission at a public hearing. Final action shall be by the City Council
after reviewing and considering the above recommendations; and,
WHEREAS, during a duly noticed public hearing on February I, 2005, the
Planning and Zoning Commission heard the recommendation of the Community
Development Director, took public comment and approved Resolution No.7, Series of
2005, by a six to zero (6-0) vote, recommending that City Council approve the proposed
land use code amendments; and,
WHEREAS, The Planning and Zoning Commission finds that the amendments
meet or exceed all applicable development review standards and that the approval for the
amendment is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Pursuant to the procedures set forth in Land Use Code Section 26.310, Amendments to the
land use code and official zone district map, the Planning and Zoning Commission hereby
recommends that City Council approve the land use code amendments identified herein.
Section 1:
That the following definition of "Exterior Passageway" be added to Land Use Code Section
26.104.100, Definitions:
Exterior Passageway. An unenclosed deck on the second floor or above that is
open on at least two (2) sides that links two or more enclosed portions of a
structure and serves as a principal access to outside-loaded lodge rooms and
multi-family dwelling units.
Section 2:
That the definition of "Storage Area" in Land Use Code Section 26.104.100, Definitions,
shall be amended to read as follows:
Storage Area. A detached accessory structure, or a separately accessible portion
of structure, intended to house items normally associated with the principal use of
the property but not independently capable of residential, commercial, or lodging
use. Areas defined for storage purposes shall not contain plwnbing fixtures or
mechanical equipment that support the principal residential, commercial, or
lodging use of the property.
Section 3:
That Land Use Code Section 26.575.040(A)(3), Yards, be amended to read as follows:
Section 26.575.040(A)(3): Balconies not utilized as an exterior passageway, may
extend one-third of the way between the required setback and the property line up
to a maximum of four (4) feet into the setback.
Section 4:
That Land Use Code Section 26.710.220(B), be amended to add 'Temporary special
events associated with ski areas including, but not limited to, such events as ski races,
bicycle races and concerts; with special event committee approval" as a permitted use in
the Conservation Zone District.
Section 5:
That the last paragraph of Land Use Code Section 26.590.070(A)(3), Fiscal Impact
Analysis and Mitigation, be amended as follows:
Section 26.590.070(A)(3), Review standards for timeshare lodge development
(last paragraph)- If the fiscal impact study demonstrates there will be an annual
tax loss to the city from the conversion of an existing lodge to a timeshare lodge
in any of the specific tax categories (property tax, sales tax, lodging tax, RETT
tax), then the applicant shall be required to propose a mitigation program that
resolves the problem, to the satisfaction of the Aspen City Council. Analysis of
the Fiscal Impact Study shall compare existing tax revenues for a lodging
property with anticipated tax revenues. The accepted mitigation program shall be
documented in the PUD Agreement for the project that is entered into between the
applicant and the Aspen City Council.
Section 6:
This Resolution shall not effect 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 7:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED by the Commission at its regular meeting on February 1,2005.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
David Hoefer, Ass!. City Attorney
Jasmine Tygre, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Vllb
II
:M:e::D1o:r&.:l1d",~
Tile OilY olllslleo
ClIr lIIIDmor's lIIiee
TO:
Mayor and Members of Council
FROM:
John P. Worcester
DATE:
February 28, 2005
Ordinance No.ft, Series of 2005 - An Ordinance Proposing an
Amendment to the Aspen City Charter - Jurisdiction of the Aspen
Municipal Court - First Reading
RE:
Attached for your consideration and review is a proposed ordinance that, if approved, would
amend the Aspen City Charter by clarifying the language ofthe charter as it relates to the
jurisdiction of the Aspen Municipal Court. Final approval of the ordinance will require voter
approval as it seeks to amend the City Charter.
In 2004, the Colorado Supreme Court in Town of Frisco, 90 P.3d 845 (Colo. 2004), ruled that the
Town of Frisco's city charter (which reads almost identically to the Aspen City Charter) requires
all land use appeals to be filed in the town's municipal court. Historically, all such appeals were
filed in the Colorado District Court as the state legislature has created a procedure to permit
persons aggrieved by City Council actions to obtain judicial review in the Colorado District
Courts. See CRC.P. Rule 106(a)(4) and Sections 13-51.5-101, et seq. This decision came as a
complete surprise to city attorneys across the state as most city charters grant to their municipal
courts "exclusive jurisdiction" over all matters arising out of their city ordinances. It has always
been understood, however, that the state legislature granted to the District Courts the right to
review quasi-judicial actions, especially in the context ofland use approvals. The Supreme
Court's ruling effectively requires persons seeking judicial review to first file their appeals in
municipal court before they can obtain judicial review in the District Courts.
The proposed amendment to the Aspen City Charter would clarify the language ofthe charter by
excluding from the Aspen municipal court's jurisdiction, actions traditionally filed in the
Colorado District Courts. Requiring litigants to initiate their appeals in the Aspen Municipal
Court before they can obtain judicial review in the District Court is not an effective use of our
municipal court. In addition, it would merely add to the expense and time for obtaining any
meaningful judicial review that litigants would accept as final. It is highly unlikely that the losing
party in municipal court would not seek additional review from the District Court. Thus,
requiring parties to initiate their appeals in municipal court would merely add another
unnecessary layer of judicial procedure.
The proposed amendment to the existing City Charter is highlighted below:
(a) Municipal judge. There shall be a municipal court vested with exclusive original
jurisdiction of all causes arising under the ordinances of the city and as may be conferred
by law, except any claim brought pursuant to Rule 106 of the Colorado Rules of Civil
Procedure or Sections 13-51.5-101, et seq, C.R.S. The municipal court shall be presided
over and its functions exercised by a judge appointed by the council for a specified term of
no less than two (2) years. The council may re-appoint the municipal judge for a
subsequent term or terms, except that the initial appointment may be for a term of office,
which expires on the date of the organizational meeting of the council after the next
general election. Any vacancy in the office of the municipal judge shall be filled by
appointment by the council for the remainder of the unexpired term. The municipal judge
shall be an attorney-at-law admitted to practice in the State of Colorado.
In the event that Council approves this ordinance on first reading, I will prepare a resolution
proposing the proper ballot language for Council's consideration at the same time this proposed
ordinance comes before you for second reading.
If you have any questions regarding this proposed ordinance, please feel free to contact me.
cc: City Manager
J PW - saved: 2/22/2005A55-G:\john\word\memos\charter-amend-2005.doc
ORDINANCE NO.
(Series of 20(5)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 7.2(a) OF THE CITY OF ASPEN HOME RULE CHARTER TO
CHANGE THE JURISDICTION OF THE ASPEN MUNICIPAL COURT.
WHEREAS, the City of Aspen is a home rule municipal corporation duly organized and
existing under the laws of the State of Colorado and the City Charter; and
WHEREAS, Article XX, Section 6, of the Colorado Constitution grants to a home rule
municipality the power to define and regulate the jurisdiction of its municipal courts with respect
to matters of local and municipal concern; and
WHEREAS, Section 7.2 of the Aspen City Charter provides for the creation of the City
of Aspen Municipal Court; and
WHEREAS, Section 7.2 of the Aspen City Charter further provides that the Aspen
Municipal Court shall have "exclusive original jurisdiction of all causes arising under the
ordinances of the city and as may be conferred by law;" and
WHEREAS, the Colorado Supreme Court in Town of Frisco v Baum, 90 P.3d 845 (Colo.
2004), interpreted the Town of Frisco City Charter relating to the jurisdiction of its municipal
Court to require all c.R.C.P. 106(a)(4) appeals of City Council actions to be filed in the Town of
Frisco Municipal Court and not the Colorado District Court; and
WHEREAS, the Town of Frisco town charter reads almost identically to the language of
the City of Aspen city charter with respect to the jurisdiction of its municipal court; and
WHEREAS, the ruling of the Colorado Supreme Court changes the historic
understanding of the Aspen City Charter language relating to the jurisdiction of the Aspen
Municipal Court; and
WHEREAS, the Aspen City Council does not desire to reqUire its citizens availing
themselves of c.R.c.P. 106(a)(4) to file their appeals in the Aspen Municipal Court before
proceeding to the Colorado District Court for judicial review of City council actions; and
WHEREAS, Section 13.10 of the Home Rule Charter authorizes the City Council to
propose amendments to the City Charter in accordance with the State Constitution; and
WHEREAS, the City Council desires to amend the Home Rule Charter as set forth
herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section I.
That Section 7.2(a) of the Aspen Home Rule Charter shall be and hereby is amended to read as
follows:
(a) Municipal judge. There shall be a municipal court vested with exclusive original
jurisdiction of all causes arising under the ordinances of the city and as may be conferred
by law, except any claim brought pursuant to Rule 106 of the Colorado Rules of Civil
Procedure or Sections 13-51.5-101, et seq. C.R.S. The municipal court shall be presided
over and its functions exercised by a judge appointed by the council for a specified term
of no less than two (2) years. The council may re-appoint the municipal judge for a
subsequent term or terms, except that the initial appointment may be for a term of office,
which expires on the date of the organizational meeting of the council after the next
general election. Any vacancy in the office of the municipal judge shall be filled by
appointment by the council for the remainder of the unexpired term. The municipal judge
shall be an attorney-at-law admitted to practice in the State of Colorado.
Section 3.
This ordinance shall become effective on May 4, 2005, provided that the electors of the City
approve the same at the general municipal election on May 3,2005.
2
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 _ day of
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
,2005,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of ,2005.
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
3
FINALLY adopted, passed and approved this
,2005.
day of
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
JPW- saved: 2/22/2005-775-G:\john\word\ords\charter-amd-200S.doc
4
MEMORANDUM
VII'a-
TO:
Mayor Helen Klanderud and Aspen City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director~
Fox Crossing Subdivision and GMQS Exemptions
Second Reading of Ordinance No. SO, Series of 2004.
FROM:
RE:
DATE:
February 28,2005
PROJECT: Fox CROSSING SUBDIVISION
REQUEST Subdivision to amend lot lines and divide seven existing lots with the
SUMMARY: potential for 13 homes to be developed into 14 lots (one of the lots is a
park) with a total of 19 potential homes. Two associated code
amendments are proposed and are being considered under Ordinance
No. 48, Series of2004.
ZONING: R-6. Medium-Density Residential. No zoning changes are proposed.
ApPLICANT: Walnut Properties, LLC, represented by Stan Clauson Associates, LLC
P&Z Approval with the conditions listed in the proposed Ordinance. (5-0)
RECOMMENDATION: vote. P&Z Minutes are attached.
STAFF Staff is recommending approval of the project with the conditions
RECOMMENDATION: listed in the proposed Ordinance.
ISSUES FROM PRIOR HEARING:
Park and Trail- The Applicant has clarified the trail width and materials. The trail will
be six feet wide and constructed with concrete. The Parks Department is satisfied with
this width and material.
To make the trail "feel" public, the City Parks Department suggests a broom finish,
concrete trail, in city standard color (san diego buff). Proper signage (same standard as
the city park signs and trail signs) and interpretation will also help make it feel public.
The Applicant should work in cooperation with the Parks Department on mutually
agreeable sign locations. Parks suggests one sign located at Gibson and Walnut St
directing trail users up through the park and around to Aley playground.
- Fox Crossing Staff Report Page 1 -
o The "Railroad Parcel," which is a long, curving property currently vacant;
o the "Garage Parcel" located east of Race Alley and currently containing a
garage; and,
o two lots that currently house an old, abandoned house, two small cabins,
and a newer (1960s) house. These two parcels merged by operation of the
Pitkin County Land Use Code into two standard lots, each with two
residences, prior to the land being annexed into the City of Aspen in 1989.
All of the land is zoned R6 - Medium Density Residential - and permits a total of 13
homes to be developed, by right. With three ofthe parcels eligible for lot splits, a total of
19 homes could be built.
The proposed subdivision divides the Griffith duplex lot into two fee simple properties,
each permitting a single-family house or a duplex. The Griffith Lot Split, approved about
two years ago, created a single-family lot and a duplex lot. The City's lot split provision
does not permit a second lot split and requires full subdivision approval to further divide
a lot split property. This creation of a new lot, by subdividing the duplex lot, requires a
subdivision approval and a new development right. The Applicant has applied for a code
amendment to create this development right in exchange for preserving an open space
parcel.
Lot Line adjustments are proposed for realigning the Griffith properties and the Bennis
property. The adjustments do not require any development allotments. The Bennis
property is described as Lot #10 of the Fox Crossing Subdivision.
The Railroad parcel currently permits the development of a single-family, a duplex, or
two single-family residences. The property's size qualifies it for a Lot Split which would
permit the development of a duplex or two single-family residences on one lot and a
single-family residence on the second lot. The City's lot split provision restricts the
overall development resulting from a lot split to 3 units total, additional development
must acquire new development rights. This lot split accounts for proposed FC Lot #1
(duplex lot) and proposed FC Lot #3 (single-family lot). Two new lots are proposed - FC
Lot #8 and FC Lot #9 - each permitting one single-family residence. These two new lots
require two new development rights. The Applicant has applied for a code amendment to
create these development rights in exchange for preserving an open space parcel.
The land currently housing the abandoned house, the two cabins, and the newer (1960s)
house was affected by Pitkin County's merger provision prior to the land being annexed
into. the City of Aspen in 1989. The Pitkin County Code merged the lots into two
standard parcels, each with two structures. Staff describes these parcels as "Old House
plus North Cabin" and "South Cabin plus New House." Each of these parcels permits a
single-family, a duplex, or two single,family residences. Both are considered to currently
contain two single-family residences.
- Fox Crossing Staff Report Page 4 -
These issues have been included as conditions of approval and the applicant is accepting
of these conditions.
ApPLICABLE LAND USE SECTIONS:
The following land use approvals are requested and necessary for approval of this project:
I. GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) EXEMPTIONS: GMQS
Exemptions are requested for the creation of three (3) development rights in
exchange for the preservation of the Hunter Valley Way parcel. Final Review
Authority: City Council
2. SUBDIVISION; Subdivision review is required for a.) the creation of new lots; and,
b.) a re-arrangement of existing lot lines. Final Review Authoritv: Citv Council
STAFF SUMMARY AND RECOMMENDATION:
Staff recommends adoption of Ordinance No. 50, Series of2004.
CITY MANAGER'S ~MMENTS: ,
U\~4'>t.<.~ ~ IA> f( 'frf: ~S-e..R ~~ f,lh<.-,
RECOMMENDED MOTION:
"I move to approve Ordinance No. 50, Series of2004."
ATTACHMENTS:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Staff findings (distributed with the January 24 packet)
Existing Parcel Terminology Map
Development Rights Chart
Proposed Lot Plan
Illustrative Development Plan
P&Z Minutes (distributed with the January 24 packet)
Traffic Safety Advisory Memorandum (distributed with the January 24 packet)
Letters received by staff concerning application. (distributed with the January 24 packet)
Application Addendum letter and maps from Stan Clauson Associates. (Original
application distributed with December 13,2004, packet)
- Fox Crossing Staff Report Page 8-
ORDINANCE NO. 50
(SERIES OF 2004)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
THREE GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS AND A
FOURTEEN LOT SUBDIVISION TO BE KNOWN AS THE FOX CROSSING
AND GRIFFITH SUBDIVISIONS ON LAND LOCATED BETWEEN LONE PINE
ROAD AND RACE ALLEY BETWEEN WALNUT STREET AND RACE
STREET, 557 RACE ALLEY, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID:
Griffith Lot #1 - 2737.073.91.001
Griffith Lot #2 - 2737.073.91.002
Railroad Parcel- 2737.073.00.020
North Cabin plus Historic House - 2737.073.00.021 & 2737.073.00.022
South Cabin plus New House - 2737.073.00.023 & 2737.073.00.024
Vacated Walnut Street - 2737.073.00.026
Bennis Property - 273707300045
Garage Parcel- 2737.073.03.030
WHEREAS, the Community Development Department received an application
from Walnut Properties, LLC, represented by Stan Clauson and Associates, requesting
approval of a Subdivision, including Lot Split approvals and Lot Line Adjustment
approvals, Growth Management Quota System (GMQS) Exemptions, and amendments to
the City of Aspen Land Use Code for a fourteen lot subdivision, one lot proposed as a
park and thirteen lots for development, situated between Lone Pine Road and Race Alley
and between Walnut Street and Race Street, as depicted in attachment A; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, City Parks,
Building Department, Fire District, and the Water Department as a result of the
Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the application and recommended approval with a series of
conditions; and,
WHEREAS, pursuant to Section 26.470 (Growth Management Quota System
Exemptions) and Section 26.480 (Subdivision) approval may be granted by the City
Council at a duly noticed public hearing after considering recommendations by the
Planning and Zoning Commission, the Community Development Director, and relevant
referral agencies; and,
WHEREAS, the Planning and Zoning Commission found that the development
review standards for Growth Management Quota System (GMQS) Exemptions,
Ordinance No. 50,
Series of 2004,
Page 1
Subdivision approval, have been met, as long as certain conditions, as listed hereinafter,
are implemented; and,
WHEREAS, during a regular meeting on October 12, 2004, and continued to
November 2,2004, and continued to November 16, 2004, and continued to November 30,
2004, and continued to December 7, 2004, the Planning and Zoning Commission opened
a duly noticed public hearing to consider the project and recommended City Council
approve the Growth Management Quota System (GMQS) Exemptions, Subdivision, (and
associated amendments to the Land Use Code) by a five to zero (5-0) vote, with the
findings and conditions listed hereinafter; and,
WHEREAS, the Aspen City Council has reviewed and considered the application
according to the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Community Development Director, the
Planning and Zoning Commission, the Traffic Safety Advisory Committee and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds the application meeting or exceeding all
applicable standards of the land use code of the City of Aspen Municipal Code and that the
approval of the proposal is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Subdivision Approval
The Fox Crossing Subdivision and the Griffith Subdivision shall consist of the following
lots:
Fox Crossing Lot #1
Fox Crossing Lot #2
Fox Crossing Lot #3
Fox Crossing Lot #4
Fox Crossing Lot #5
Fox Crossing Lot #6
Fox Crossing Lot #7
Fox Crossing Lot #8
Fox Crossing Lot #9
Fox Crossing Lot #10
Ordinance No, 50,
Series of 2004,
Lot size = 10,331 sf
Lot size = 7,510 sf
Lot size = 6,0 10sf
Lot size = 6,010 sf
Lot size = 6,016 sf
Lot size = 6,068 sf
Lot size = 6,007 sf
Lot size = 6,749 sf
Lot size = 6,945 sf
Lot size = 11,631sf
Page 2
"_ "~'~"'_______'__",,"~W"~_"~_'_~_"_'''_~''-___'_~'^"._~~'''_
Fox Crossing Park Parcel
Griffith Lot # I
Griffith Lot #2
Griffith Lot #3
Lot size = 9,044 sf
Lot size = 9,849 sf
Lot size = I 0,000 sf
Lot size = 15,065 sf
These lot sizes may vary slightly and the final subdivision plat shall prevail upon
discrepancy. The allowable Floor Area for each parcel shall be pursuant to the R6 Zone
District regulations, the Lot Area of each parcel, bonus floor area granted by the Historic
Preservation Commission, and the proposed use. The Park Parcel shall have no
development right other than for open spacelpark use.
Fox Crossing Lots #5, #6, and the Park Parcel shall be designated Historic Landmark
properties and subject to development review regulations of Section 26.415 of the City of
Aspen Land Use Code.
Fox Crossing Lots #1, #2, #10, and Griffith Lots #1, #2, and #3 may receive up to two
City of Aspen Historic TDR floor area bonuses per residence, pursuant to an amendment
to the Land Use Code adopted pursuant to Ordinance 48, Series of 2004. Fox Crossing
Lots #5 and #6 are Historic Landmark properties and shall not be eligible for receiving
TDRs. All other parcels shall be limited to one Historic TDR floor area bonus per
residence. The maximum number of Historic TDRs which may be landed within this
Griffith/Fox Crossing Subdivision shall be limited to the total number of non-historic
residences within the subdivision.
Section 2: Preservation of Hunter Vallev Way Parcel
Pursuant to the procedures for exempting development from the scoring and competition
procedures of the Growth Management Quota System, Section 26.470.070 of the City of
Aspen Land Use Code, and pursuant to an amendment to the Land Use Code adopted
pursuant to Ordinance 48, Series of 2004, City Council hereby grants three (3)
development rights to the Fox CrossinglGriffith Subdivision application in exchange for
the preservation of the Hunter Valley Way parcel, as described in the Fox Crossing
Subdivision application, with the following conditions:
1. Clear title to the Hunter Valley Way property shall be provided by the applicant
and reviewed by the City Attorney.
2. A legal encumbrance, acceptable to the City Attorney, shall sterilize the Hunter
Valley Way parcel and preclude development, other than that associated with the
maintenance of open space and trails and the development of new trails, from
occurring on the property in perpetuity. The encumbrance shall define
maintenance and liability obligations.
3. The City of Aspen shall be a party (but not the sole party) to the deed restriction
on the property.
4. The three (3) residential units shall be required to provide affordable housing
mitigation, pursuant to the requirements of Section 26.470.070.8.
Ordinance No, 50,
Series of 2004.
Page 3
Section 3: Growth Manae:ement Exemptions Required
Replacement of existing residential units requires an exemption from Growth
Management, pursuant to Section 26.470.070.B, unless the lot on which the residence is
proposed is a Historic Landmark. The parcels granted an exemption from growth
management by virtue of preserving the Hunter Valley Way open space parcel shall also
be required to obtain this additional exemption. The following proposed lots shall require
affordable housing mitigation, pursuant to section 26.470.070.B: Griffith Lots 2, and 3;
Fox Crossing Lots 1,2,3,4,7, 8, 9, and 10.
Griffith Lot # I shall not be required to provide affordable housing mitigation, pursuant to
former approvals which created the lot. Proposed Lot 7 contains an existing residence
and the current t100r area shall be applied as a credit towards the mitigation requirement.
The mitigation credit for the existing residence on Lot 7 may be reallocated to other lots
within the Griffith/Fox Crossing subdivisions pursuant to a letter of understanding with
the City of Aspen Zoning Officer to be completed prior to the demolition of the residence
on Lot 7.
Section 4: Impact Fees
Park Imvact Fees shall be assessed based upon the following schedule:
Studio residential units $1,520 per unit
one-bedroom units $2,120 per unit
two-bedroom units $2,725 per unit
three-bedroom or larger unit $3,634 per unit
In recognition of capital improvements to the City's park and recreation system
constructed by the applicant, the City Parks and Recreation Department may reduce this
fee commensurate with the costs of those improvements.
School Land Dedication Fees are assessed based on one-third the value of the
unimproved land divided by the proposed number of residential units on a per acre basis.
The City of Aspen verifies the unimproved land value of the lands underlying the Project
to be $3,621,777 per acre from recent transactions and information from the Pitkin
County Assessor. One-third of this value divided by the proposed 11 new units results in
a $109,750 per acre standard for calculating the impact fee. The subject subdivision is not
conducive to locating a school facility and a cash-in-lieu payment shall be accepted.
School Land Dedication Fees are not required for replacement dwellings and shall not be
assessed to development on the following lots: Fox Crossing Lots 5, 6, 7, and 10.
Development of each of the remaining lots of the Fox Crossing and Griffith Subdivision
shall require payment of School Land Dedication Fees according to the following
schedule, payable at building permit issuance:
Ordinance No, 50,
Series of 2004.
Page 4
House size 1/3 land Land Per unit Fee
value per Dedication
unit per acre standard
(acres)
One bedroom $109,750 .0012 $132
Two Bedroom $109,750 .0095 $1,043
Three $109,750 .0162 $1,778
Bedroom
Four Bedroom $109,750 .0248 $2,722
Five or more $109,750 .0284 $3,117
Bedrooms
Amendments to the project shall include an adjustment to this fee according to the above
calculation methodology.
Section 5: Water Department Standards
The applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department.
Section 6: Sanitation District Standards
The applicant shall comply with the following Aspen Consolidated Sanitation District
rules and regulations.
1. Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2. All clear water connections are prohibited, i.e. ground water, (roof, foundation,
perimeter, patio drains), including entrances to underground parking garages.
3. On-site drainage plans require approval by the district, must accommodate ACSD
service requirements and comply with rules, regulations and specifications.
4. On-site sanitary sewer utility plans require approval by ACSD.
5. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
6. Plans for interceptors, separators and containment facilities require submittal by
the applicant and approval prior to building permit.
7. When new service lines are required for existing development the old service line
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements.
Ordinance No. 50,
Series of 2004.
Page 5
8. Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
9. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
10. All ACSD total connection fees must be paid prior to the issuance of a building
permit.
I I. Where additional development would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the area
of concern in order to fund the improvements needed.
Section 7: Public Park and Trail
The developer of the Fox Crossing/Griffith Subdivision shall improve Aley Park (located
at the southwest corner of Spruce Street and Williams Way) in coordination with the City
of Aspen Parks Department with a topset monetary contribution from the developer of
$100,000.
A public access easement shall be provided across the entirety of the Fox Crossing Park
Parcel and the Pedestrian Trail connecting the park to Race Street. The form and content
of the easement shall be acceptable to the City Parks Department and the City Attorney
and shall be referenced in both the Subdivision Agreement and the Subdivision Plat.
There shall also be an agreement specifYing ownership, use, boundaries, and maintenance
responsibilities for the Park Parcel.
The Subdivision Improvement Agreement shall specifY a construction detail for the
proposed trail including the proposed 6- foot width and concrete surface.
The Subdivision Improvement Agreement shall specify the number, location, and detail
of wayfinding signage to be implemented. The applicant shall work with the City Parks
Department to determine a mutually agreeable signage plan.
Section 8: Construction Manal!ement Plan
Prior to issuance of a building permit and prior to commencement of any sitelutility work,
the applicant shall submit a construction management plan for approval by the
Community Development Engineer. The plan shall include the following:
I. The primary construction access point shall be along Lone Pine Road. Race Street
and Race Alley shall not be used for contractor parking. The City prefers a
contractor parking area be designated along Lone Pine Road and on-site.
2. A lot, or several lots, shall be used as a construction staging area. The CMP
should specify the particular lot(s) and shall specify at which point a staging area
is no longer required.
Ordinance No. 50.
Series of 2004.
Page 6
3. Contractor contact information shall be provided to surrounding property owners.
In the case of Hunter Creek Condominiums, contact information may be provided
to the condominium association president rather than each individual owner. The
intent of this requirement is for the contractor to address neighborhood concerns
about construction without involving the City.
Section 9: Access Infrastructure Permit:
Prior to the construction any improvements, a licensed Contractor must obtain a City
Access-Infrastructure (A-I) permit. One Contractor will be responsible for completing
all infrastructure associated with the project. As part of the A-I Permit, the Contractor
will be required to submit a Construction Management Plan.
Section 10: Hazardons Soils: This area is within the Smuggler superfund site, which
means additional permits and institutional controls are required for any work done on the
site. (See requirements outlined in the City Code.) City Environmental Health
Department - 920.5039.
Section 11: Streets
Race AlleylRace Street shall be designated as one-way with the direction of travel being
northbound. Race Alley shall continue to be signed for no parking on either side of the
street. Race Street shall be developed with a 38-foot curb-to-curb dimension and parking
along both sides of the street. A sidewalk shall be provided along the northern section of
Race Street, connecting the park trail to Spruce Street. Sidewalk connections and parking
within the rights-of-way shall be provided as described in the addendum application
materials from Stan Clauson Associates dated February 16, 2005.
Spruce Street shall be improved with a pedestrian sidewalk on at least one side of the
street, and preferably both sides, between Race Street and Park Circle. The design, costs,
and responsibility of this improvement shall be determined prior to final approvals by
City Council.
In the alternative, Race Alley and Race Street may remain two-way if a minimum 30 feet-
wide right-of-way is provided along the entire extent of these two streets with a minimum
22-foot wide paved roadway and a minimum of a 2-foot wide stabilized shoulders on
either side.
Walnut Street (the public right-of-way portion) shall maintain a twenty-one foot wide
clearance with no parking. In the alternative, parking may be permitted if the 21-foot
wide clearance is maintained and the approval of the Fire Marshall is gained. The
extension of Walnut Street to its connection with Lone Pine Road shall be developed
within a 20-foot wide access easement with 16 feet of paved surface and a 2-foot
stabilized shoulder on both sides.
Bollards, or other physical hindrances within the rights-of-way, shall not be implemented.
Ordinance No, 50,
Series of 2004,
Page 7
Section 12: Subdivision Plat
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat which shall comply with current
r~quirements of the City Community Development Engineer and shall include:
I. The final property boundaries, disposition of lands, the partial vacation of Race
Street, the dedication of a portion of land to accommodate a turning radius between
Race Alley and Race Street, and utility and surface easements. Utility easements
not administered by the City of Aspen shall require approval by the particular utility
provider.
2. Reference to the public easement across the Park Parcel and Pedestrian Trail.
3. A phasing plan describing the sequence of development phases and the
improvements for each phase. The City encourages the applicant to perform any
overlot grading and utility main work in the first phase.
4. Design specifications and profiles for improvements to the public rights-of-way
including geometries and turning radii.
5. A landscape plan showing location, amount, and species of landscape
,improvements. An irrigation plan for the park parcel shall be included with a
signature line for the City Parks Department.
6. A utility plan meeting the standards of the City Engineer and City utility agencies.
Utility mains not administered by the City of Aspen shall require approval by the
particular utility provider. Fire hydrant(s) locations shall be identified.
7. A grading/drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge systems are required, a soil
percolation report will be required to correctly size the facility. A 2-year storm
frequency should be used in designing any drainage improvements. Off-site
improvements shall be done in coordination with the City Engineer.
8. The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised street and parcel boundaries to the
Geographic Information Systems Department prior to applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
Section 13: Subdivision Ae:reement
Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a Subdivision Agreement binding this property to this
development approval. The Agreement shall include the necessary items detailed in
Section 26.445.070, in addition to the following:
I. The agreement shall state the ownership and maintenance responsibilities of the
common areas of the project, including common driveways and drainage
improvements.
Ordinance No, 50,
Series of 2004,
Page 8
2. A public access easement and ownership, use, boundary, maintenance agreement for
the Park Parcel and Pedestrian Trail, and construction detail as specified in Section
7.
3. A Construction Management Plan, as specified in Section 8.
4. In order to secure the construction, installation, and performance of the of public
improvements and facilities, including drainage improvements and landscape
improvements for each phase, the required performance guarantees shall include
and secure the estimated costs of all phases of the development.
Section 14: Fire Department Requirements
Sprinkler and fire alarms are required throughout all of the buildings. The person that
designs the sprinkler and alann systems is required to meet with the Fire Marshall before
starting design. It needs to be confirmed that adequate water volume and pressure exists
for the sprinklers.
Section 15: Buildinl! Permit Requirements
The building permit application shall include/depict:
I. A signed copy of the final Ordinance granting land use approval. Fox Crossing Lots
5, 6, and the Park Parcel shall require Final Approval from the Historic Preservation
Commission.
2. A letter from the primary contractor stating that the approving Ordinance has been
read and understood. For Fox Crossing Lots 5, 6, and the Park Parcel, this letter
shall also confirm an understanding of the Final HPC approvals
3. The conditions of approval shall be printed on the cover page of the building
permit set.
4. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
5. A tree removallmitigation plan for any trees to be affected by the specific phase.
6. A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter silt
fencing, as-needed cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction. The applicant shall wash tracked mud and debris
from the street as necessary, and as requested by the City, during construction.
Submission of a fugitive dust control plan to the Colorado Department of Public
Health and Environment Air Quality Control Division will also be necessary due
to the property being in excess of I acre.
7. A study performed by a Colorado licensed asbestos inspector detailing the
presence of asbestos. The State of Colorado must be notified and the report must
be complete prior to issuance of a building permit. Contact the City of Aspen
Environmental Health Department for state contact information.
Ordinance No. 50,
Series of 2004,
Page 9
8. If the disturbance area ofa particular phase of development is over one acre, the
Contractor will need to obtain a State Storm Water Management Permit (for
erosion control) and a State Emission Permit (for dust control).
9. A construction site management and parking plan meeting the specifications of
the City Building Department
Prior to issuance of a building permit:
I. All tap fees, impacts fees, and building permit fees shall be paid for the particular
phase.
2. The location and design of standpipes, fire sprinklers, and alarm systems shall be
approved by the Fire Marshall. The Fire Department requests that sprinklers be
installed in each proposed house regardless of floor area.
Section 16: Fences
Property boundary fences of Fox Crossing Lot 5 and Lot 6 which border the Fox Crossing
Park parcel shall be developed no higher than 42 inches and shall be subject to the
procedures and requirements of Chapter 26.415 - Development Involving Historic
Landmark Sites and Structures.
Section 17: Vested Riehts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of three
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: Fox Crossing
Subdivision Lots I, 2, 3, 4, 5, 6, 7, 8, 9, 10, and the Fox Crossing Park Parcel and
Griffith Subdivision Lots I, 2, and 3.
Section 18:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, the Aspen
Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in
such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by other specific conditions.
Ordinance No, 50,
Series of 2004,
Page 10
Section 19:
This Ordinance shall not effect 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 20:
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 21:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 22:
A public hearing on the Ordinance shall be held on the 24tl1 day of January, 2005, at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 23:
This ordinance shall become effective thirty (30) days following final adoption.
[signatures on following page]
Ordinance No. 50,
Series of 2004,
Page 11
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 13th day of December, 2004.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
Bendon C:\home\Current Planning\CASES\Fox Crossing\Ordinance50-subdivision.doc
Attachment A - Existing Property Map
Attachment B - Proposed Subdivision Boundary Map
Ordinance No, 50,
Series of 2004,
Page 12
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16 February 2005
STAN CLAUSON ASSOCIATES, LLC
Planning. Urban Design
Landscape Architecture
Transportation Studies c., I
Project Management ~
Mr. Chris Bendon, Director
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611
200 EAST MAIN STREET
ASPEN, COLORADO 81611 _
TELEPHONE: 970.925.2323
FAX: 970.920.1628
E-MAIL: info@scaplanning.com
WEU: www.scaplanning.com
Re: Responses to Fox Crossing City Council Hearing Issues
Dear Chris:
Thank you for your list identitying unresolved questions and issues from the prior City
Council hearing on the proposed Fox Crossing Subdivision. The purpose of this letter is
to provide the applicant's responses to these issues. I would appreciate your distributing
the letter with the City Council packet for the hearing on 28 February 2005. Let me
address these issues in the order you have listed them in your e-mail.
Park and Trail
The trail is intended to provide complete continuity from the existing Oklahoma Flats
Trail tenninating at Gibson Avenue to the Hunter Creek Trailhead on Spruce Street.
Portions of this connector would utilize existing sidewalks and provide new connections
along Spruce Street. We have produced a revised trail map indicating this connectivity,
which is attached to this letter. The trail is proposed to be a six-foot wide concrete trail,
with a decorative finish that might include colored concrete and exposed aggregate. Final
details for the trail material and finish would be subject to the approval of the City of
Aspen Parks Department. The trail would be in a public easement, similar to that of
many trail corridors that run within the City of Aspen and Pitkin COunty, such as the Rio
Grande Trail, A concrete trail would require very little maintenance except for snow
removal. Snow removal within the Fox Crossing Subdivision would be the responsibility
of the Fox Crossing Homeowners Association and subject to applicable policies for snow
removal that may be articulated by the Parks Department. These might include, for
example, maintaining a portion of the width of the trail under snow cover for Nordic
skiing.
The Fox Crossing Meadow would be owned and maintained by the Fox Crossing
Homeowners Association. An easement would be provided, allowing public access to
the park from the trail that passes through it. It is our understanding that the Parks
Department does not want to take ownership of this property. It should also be noted that
the park would remain under the purview of the Historic Preservation Commission as an
historic site and would need to be maintained in a manner that was compatible with the
adjacent historic structures. The applicant has committed to providing interpretive
signage indicating the history of the neighborhood, including the former Midland rail
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLiENTS
Mr. Chris Bendon
Re: Fox Crossing subdivision
16 February 2005
Page 2
loop adjacent to the park, along with other trail signage as may be required by the Parks
Department.
Race Ailey
The current pavement width of Race Alley (the north-south portion) and Race Street (the
east-west portion) is 14.5 feet. Given the 20-foot right-of-way of Race Alley, along with
the encroaching improvements and landscaping of many of the abutting property owners,
we do not believe it is possible or appropriate to consider widening the pavement. Its
status is similar to that of Fourth Street in the West End as it approaches Gillespie Street.
However, as part of this application, we are proposing to widen the east west portion of
Race Street to a pavement width of20 feet. This would allow two-way traffic along this
section of the roadway and significantly alleviate congestion. An 8-foot parking lane
would also be provided along this section. We have also adjusted the turning radius at
the curve on Race Street to conform to Fire Department requirements.
Having studied at length the question of a one-way restriction for Race Alley, we do not
believe that it would be in the best interests of the abutting properties. It would also
increase the traffic loading on Spruce Street, since that street would then be required to
provide either ingress or egress for all abutters on Race Alley and Race Street. However,
if it is decided that a one-way configuration is required for Race Alley, then we would
recommend that it be a northbound one-way loop, taking access from South Avenue.
This would perform better because the left-turn into Race Alley from South Avenue
could be stop sign controlled, whereas a left turn into Race from Spruce Street would be
more difficult to control.
Hunter Valley Way Parcel
The Hunter Valley Way Parcel could be developed under the Pitkin County takings
procedure. It has a recorded access easement in place from the adjacent Auger property
that would permit access to future development. The parcel has, under previous
ownership, been the subject of development proposals, County 1041 applications,
litigation, and threatened litigation. The sterilization of this parcel would protect the
Hunter Creek Trail, while maintaining the parcel in pristine condition without any
encroachment of private development. The resulting protected open space would consist
of20 acres, including adjacent Randall Park, at a key location for open space
preservation. At the request of the City Attorney, the law firm of Garfield & Hecht is
preparing a legal opinion on this access,
Impacts on Surronnding Roads
The impacts on surrounding roads have been addressed in a traffic analysis prepared by
Schmueser, Gordon, Meyer Engineers. The impacts of the proposed development are
minimal and have been well-distributed within the project. Some discussion has emerged
regarding the impacts on Spruce Street, along with a discussion of the need for sidewalks
Mr. Chris Bendon
Re: Fox Crossing subdivision
16 February 2005
Page 3
on Spruce Street between Race Street and South Avenue. The traffic analysis has shown
that the off-site impacts to Spruce Street are very smal~ particularly in relation to existing
background traffic. We believe that to require the applicant to install sidewalks along
Spruce Street would not be proportional in any way to the impacts of the proposed
subdivision. Moreover, sidewalks along Spruce Street at this location would be very
disruptive to existing parking patterns of abutting residents. It is clear that sidewalks
would not be regarded favorably by a significant number of abutters. We believe that the
question of installing sidewalks along Spruce Street should be the subject of a
neighborhood planning process that is not related to the proposed Fox Crossing
Subdivision. Ifit is determined that sidewalks are appropriate, then a proportional
allocation of costs among all abutters should take place.
Hunter Creek Bus Stop
The Hunter Creek Bus Stop was initially established and improved some years ago by
agreement between the Mocklin property and the Hunter Creek Condominiums. The Fox
Crossing Subdivision does not abut this property nor would it have any impact on the use
of the bus stop, It is not clear that there is a community need for a park at this location
and it should be noted that the applicant is providing funding for the development of a
community park on the former A1ey property, a location that has long been designated as
a desired community park location. That said, as part of the work for the proposed A1ey
Park it might be possible to provide some additional landscape materials and site clean-
up at the bus stop location, and the applicant may be prepared to agree to this as a
condition of approval.
Internal Parking
All of the proposed lots within the Fox Crossing Subdivision will meet the parking
requirements of the City of Aspen Land Use Code. That is each lot will provide garaged
parking for two vehicles for each residence. Additionally, all but two of the lots will be
able to provide off-street parking for at least two guest spaces. The two lots that will not
be able to provide this additional parking are encumbered by the historic residences. So,
the development will contain all of the required parking within its lots and, at the same
time, provide considerable additional parking for the residences.
Moreover, the applicant is very aware that there is an existing parking problem in the
neighborhood irrespective of any new development that may take place. In order to
enhance neighborhood parking generally, we have identified three locations that can be
developed to provide additional guest and service parking available to all residents of the
neighborhood. This parking has been identified on the attached map and could provide
as much as 16 additional spaces available to the neighborhood,
One of the key issues related to parking in the neighborhood is the seasonal storage of
vehicles on city right of way. This is readily apparent by the snowed-in and derelict
Mr. Chris Bendon
Re: Fox Crossing subdivision
16 February 2005
Page 4
vehicles of all types located along Spruce Street, Race Street, and Lone Pine Road. We
would strongly recommend the implementation of a neighborhood parking program
similar to that of the West End and Shadow Mountain neighborhoods in order to improve
the parking situation and visual quality for all residents of the neighborhood. This type of
program, properly enforced, would create much more parking space for the benefit of
neighborhood residents and visitors,
Cabins as Affordable Housing
In meeting with the Historic Preservation Commission, it became clear that the
Commission did not favor a relocation that would move the cabins any significant
distance from their existing location. Accordingly, the applicant was constrained to place
the cabins as a single free-market unit between the historic Victorian and Lot 7, which
already contained an existing house requiring its own lot.
Given the requirements for building separation, there is no way that the cabins can be
physically accommodated as separated small Affordable Housing units on the property
preferred by the Historic Preservation Commission. It would be possible to relocate them
to a larger lot, for example, Lot I and have them separated. However, this was
inconsistent with the direction of the Historic Preservation Commission.
It should be noted that the Subdivision Ordinance has specific requirements for the
provision of affordable housing. The applicant fully intends to comply with these
provisions that require either ADUs or cash-in-lieu payments. There is not requirement
whatsoever for the provision of a separate component of affordable housing.
Nonetheless, one of our earlier project designs involved the relocation of the cabins to
Lot I and their retention as possible affordable housing. Although this was not favored
by the HPC, the applicant would be prepared to revisit this design and redesignate Lot 6
as a free-market non-historic development lot if there were clear direction from Council
that this approach conferred greater public benefit than maintaining the adjacency of the
cabins to the Blue Victorian.
In conclusion, the applicant has worked diligently with the neighborhood and City
commissions to be very forthcoming in addressing the issues that have been raised. The
proposed development is consistent with the underlying R-6 zoning and is not seeking
any additional density or any other variances from the provisions of the City of Aspen
Land Use Code. Major community benefits are proposed in the form of open space
dedications, park and trail development, and historic preservation. These include a parcel
dedicated to open space that could be developed as an additional duplex lot under current
zoning. The project has received the unanimous approval of the Historic Preservation
Commission and the Planning & Zoning Commission.
Mr. Chris Bendon
Re: Fox Crossing subdivision
16 February 2005
Page 5
Please let me know if I can provide any additional information in response to the
questions raised by Council. We look forward to working with the City Council to
satisfy their concerns.
Sane au AICP, ASLA
STAN CLAUSON ASSOCIATES, ILC
Attachments:
Copies of Site Drawing shown trail continuity and additional parking options
2/23/2005
Robert Zupancis
Silvia Davis
509 Race Street
Aspen, CO 81611
To: Aspen City Council
Concerning: Fox Crossing Subdivision
Dear City Council Members I
I was informed by a member of community development that they think Council may be
considering condemning 5 feet of property on each side of Race Street instead of making
Race Street into a one way. I do not believe that condemnation should be taken lightly
especially when this group of out of state investors and the City have other options to
mitigate the minimal extra traffic their project would create on Race Street and Spruce
Street. Jay Hammond, engineer, stated the "east part of the project would generate about
a "net increase of 30 vehicles per day". As I look out my office window at my home on
509 Race Street I would be hard pressed to count 2 to 3 cars per hour generated by the
existing six units on Race Street. The bus stop and the Rio Grand Trail are just across
South Street and downtown Aspen is seven to ten minutes by foot and less by bus. I
often see Race Street residents taking advantage of the bus or the short walk. My
observation is that the second homeowners walk to town even more than the locals.
Looking out my office window I notice that a majority of vehicles servicing Race Street
residences use Race Street as a one way. They access Race by South Street and then
continue around Spruce Street. It's just easier and safer. Because of the rate of speed of
vehicles headed downhill on South Avenue combined with the lack of visibility when
looking up South Avenue towards the Smuggler Trailer Court intersection I have caused
vehicles to come to a quick halt when turning from Race onto South A venue. My
mother, an 81 year old driver refuses to turn from Race into South Street and feels much
safer using Race as a one way through Spruce Street.
The developers also have the option of redesigning their project infrastructure and access
from Walnut Street and Lone Pine Road.
Just a few years ago (1997-1998) that my wife Silvia Davis and I met all City of Aspen
rules and requests allowing us to build the Walnut Street Town homes project. It was an
elaborate process going before planning and zoning and City Council several times. I
remember the intensity of our meeting with DRAC members and the changes we made in
our project based on their suggestions on how to make the units warmer and more
inviting to pedestrians and cars using Race Street and South Street. Some of the current
Planning and Zoning and City Council members and City department heads were among
those who reviewed our application in great depth. The fire department was part of the
process. Our project met all the city requirements including setbacks. Two other new
projects, one across the street and one down the street went in before us so the City had
plenty of practice in dealing with developments on Race Street.
When the City told my wife, me our architect and our contractor that that the setback
from Race Street for the project we had in mind was ten feet we took them seriously and
built the project around that setback. Keep in mind that our project met all City rules and
special requests in the late 90's, not the 1800's or the 1960's.
The health and safety of my family and other future owners of 509 Race Street and 511
Race Street would be negatively affected by the City taking this extra five feet. For
example, the grade on my driveway at 509 Race Street was based on the required ten foot
setback. If Race Street were widened onto our property by another five feet I probably
would need a snowmobile to safely access Race Street in the winter. Any car other than a
chained four wheel drive would need to take a running start from the end of the driveway
to have any chance of making it up the hill onto Race Street. You couldn't stop and look,
as required by law, before entering Race Street because in winter you would spin out on
snow and in summer you spin out on gravel. If the sunken driveway were changed to
accommodate the new street width drainage for the project would be compromised. If
drainage were changed then the whole Insurance home guarantee situation would be an
unknown. The steps accessing the front entry of our home at 509 Race Street were
designed to meet code using the required City setback. The front entry and the safety of
our front entry would be greatly compromised by the city taking an additional five feet of
our property. These items are probably the tip of the iceberg as each change to mitigate
the street widening affects some other aspect of the Walnut Street Town Homes which
were designed and engineered based on a very certain setback from the surrounding
streets.
A big part of the City's emphasis on the Walnut Street Town Homes project was saving
the trees my family had planted fifty years ago. The root system on the big pine on Race
Street would be damaged if this extra five feet were taken plus the utility box would have
to be moved into another portion of the trees roots.
I also own the lot and small home located on 511 Race Street. For the health and safety
of the residents of that building the City would have to lift the house up, pour a new
foundation further back, and set the house down again if they took an extra five feet of
the street. I think the extra five feet would have cars grazing the eaves of this residence.
Certainly any occupants of the living area and master bedroom would not be safe with
cars being inches away from the building.
Other residences would lose privacy, garages, heated driveways, steps, fences, trees,
shrubs, yard space, patios, and utility boxes. The negatives of widening Race Street far
outweigh the positives.
As I have expressed in a previous letter. the big issues for the Race Street. Spruce Street.
South Street neighborhoods is not the extra 30 +/- car trios each dav. but mitigating the
construction traffic. construction staging, and off street parking issues created bv this
large long term Droiect. The developers have suggested bringing most oftheir
construction traffic off lone Pine and staging construction on one of their own lots. It
should not be up to the neighbors to enforce construction issues by complaining to
Community Development or the police. Construction access, construction parking, and
construction staging should be very specifically detailed in applicant's approval.
The developers have suggested that there will be no construction parking on Race and
Spruce Streets. Since Walnut Street is short and already has minimal parking for existing
homes it too should be added to the list of no construction parking for this project. If
some construction parking becomes necessary during the building of the proposed duplex
on lot ten construction parking permits could be obtained from the city.
As the application now stands the developer and Community Development are proposing
that the five available parking spaces on Walnut Street provide overflow parking for three
existing Walnut Street residences, applicants proposed duplex on lot nwnber ten, and
applicant's proposed single family homes on lots five, six and seven. In addition these
five spaces will be in demand for potential ADU overflow parking.
Instead of extending walnut Street in a straight line and providing overflow parking along
the streets shoulders applicant is proposing to have a historical park in front of proposed
single family lots five, six, and seven. Obviously, the existing five parking spaces on
Walnut Street will provide the closest owner, guest, and service parking to the front
entries of these three proposed single family homes and their potential ADU's.
The five existing parking spaces on Walnut Street only fill the extra parking needs of the
three existing Walnut Street residences and the proposed Fox Run duplex on lot nwnber
10. Applicant should provide additional reserved parking somewhere on the proposed
project (not on public streets such as Lone Pine or Race Street) for proposed lots five, six
and seven.
I believe the Parks Department has underestimated the parking impact generated by the
proposed historical park and trailhead. I have no answers for the park, trailhead parking
issues. I asswne the Parks and Streets departments will make some recommendations so
this does not become a future issue for residents and the City.
Sincerely,
~~~
Robert Zupancis
MEMORANDUM
V1\\c
TO: Mayor Klanderud and Aspen City Council
THRU: Chris Bend~ommunity Development Director
FROM: Chris Lee, Planner C)LL
RE: Public Hearing and 2nd Reading of Ordinance No.8, Series of2005: Initial Aspen
City Zoning of the Soldner/Burlingame Ranch Parcell.
DATE: February 28, 2005
ApPLICANT/OWNER: City of Aspen
LOCATION: The Soldner Property situated between Bar/X Ranch to the east and Stage Road to
the south,
LOT SIZE: 26,354 square feet (0.605 acres)
PARCEL ID NUMBER: 273502300005
FORMER COUNTY ZONING: Agricultural/Forestry/Residential 2 - Planned Unit Development
(AFR2-PUD)
PROPOSED ZONING: Conservation (C)
CURRENT LAND USE: Parcel I was part of a private residential property owned by the Soldner
family until recently annexed into the City of Aspen,
PROPOSED LAND USE: A portion of parcel I is to be used for Harmony Road as an access way
to Burlingame Ranch, with the remainder to be undeveloped.
P & Z ACTION: Unanimous agreement (6-0) to recommend that the City Council approve
initial city zoning as (C) for the Soldner/Burlingame Ranch Parcell on 1/4/05.
ST AFF RECOMMENDATION: Approval
SUMMARY:
The Soldner Family, in agreement with the City of Aspen, petitioned to annex Parcel I into the
City in exchange for a similarly sized parcel, "Parcel 2" (also known as disconnected parcel #1),
that has been added to the northern side of their property, Parcel 2 has become part of the
Soldner's holdings and was de-annexed from City jurisdiction. The primary reason for this
property exchange and annexation is to provide egress for an access road (Harmony Road) to the
Burlingame Ranch development.
I
REVIEW PROCEDURE:
Initial Zoning/Rezoning The Planning and Zoning Commission shall consider the application at
a public hearing and recommend approval, approval with conditions, or denial to City CounciL
After first reading of an Ordinance to amend the official zone district map, City Council shall
consider the Ordinance at a public hearing and either approve or deny it.
BACKGROUND:
Parcell of the existing Soldner property was recently annexed into the City of Aspen by
Ordinance No. 33 (Series of 2004) that came before the City Council on October 12,2004.
PREVIOUS ACTION:
The City Council has not previously considered this initial zoning request.
STAFF COMMENTS:
Staff has examined all options to make a recommendation about appropriate zoning of Parcel 1
of the Soldner/Burlingame Ranch, Based on examinations of the current zoning, land use and
zoning of surrounding areas and intended use of the parcel, Staff believes that Land Use Code
Section 26.710.220, Conservation (C), is the appropriate designation. The Conservation section
of the Aspen City Code has been included as Exhibit E.
Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan, The
future land use map in the AACP envisions this area as a locale for affordable housing
development with conservation lands also designated, By zoning this as Conservation (C) it will
become land that supports this AACP designation and is consistent with the surrounding lands
that are already zoned (C). It is critical that this parcel be zoned the same way to maintain the
desired conservation status of Deer Hill above the road,
STAFF RECOMMENDATION:
Staff finds that the proposed rezoning application meets or exceeds the requirements set forth in
Land Use Code Section 26.310.040, Amendments to the Land Use Code and Official Zone
District Map, to approve an amendment to the official zone district map. Review criteria and
Statf Findings have been included as Exhibit A, Staff recommends that City Council approve
the proposed rezoning request.
Staff recommends approval of Ordinance No.8, Series of 200S.
CITY MANAGER'S COMM~S: ,
..G"~ ~Q"/'-rvrJ '9 --rt:.' J .J~
RECOMMENDED MOTION:
"I move to approve Ordinance No.8, Series of2005,"
2
Attachments:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B - Site Map
Exhibit C - Plat Maps with Acreage and Survey Lines
Exhibit D - Pitkin County AFR-2 Zone Description
Exhibit E - City of Aspen Conservation Zone Description
3
ORDINANCE NO.8
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ASSIGNING THE ZONING OF
CONSERVATION (C) TO THE SOLDNER/BURLINGAME RANCH ANNEXATION
PARCEL NO. I.
PARCEL ID NUMBER: 273502300005
WHEREAS, a parcel of land situated in the Southwest v.. of Section 2, Township 10
South, Range 85 West of the Sixth Principal Meridian, commonly referred to as
"Soldner/Burlingame Ranch Annexation Parcel No. I" was annexed into the City of Aspen on
October 12,2004 through Ordinance No. 33, series of2004; and,
WHEREAS, the City Council of the City of Aspen must designate a zone district for the
property within 90 days of the annexation; and,
WHEREAS, the property is approximately 0.605 ct acres, legally described herein; and, '
WHEREAS, pursuant to Section 26.310 of the Land Use Code (Amendment to the
Official Zone District Map), approval may be granted by the City Council at a duly noticed
public hearing after considering recommendations by the Planning and Zoning Commission, the
Community Development Director, and relevant referral agencies; and,
WHEREAS, the Community Development Department analyzed the parcel of land and
recommended that it be designated as Conservation (C) Zone District; and,
WHEREAS, during a regular meeting on January 4, 2005, the Planning and Zoning
Commission conducted a duly noticed public hearing where, by a six to zero (6-0) vote,
recommended that City Council assign the zoning of Conservation (C) to the subject property;
and,
WHEREAS, the Aspen City Council finds that the development review standards for an
Amendment to the Official City Zoning Map have been met, and that this Ordinance furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED:
SECTION 1:
That the Aspen City Council approves an amendment to the Official Zoning Map and directs the
Community Development Director to effectuate such changes to the map, so that the land
commonly referred to as "Soldner/Burlingame Ranch Annexation Parcell", as described below,
be designated with Conservation (C) zone district.
Soldner/Burlinl!:ame Ranch - Parcell Lel!:al Description:
DESCRIPTION - SOLDNER/BURLINGAME RANCH ANNEXATION PARCEL I
A parcel ofland situated in the Southwest Y, of Section 2, Township 10 South, Range 85 West of
the Sixth Principal Meridian, County of Pitkin, State of Colorado, said parcel being more
particularly described as follows:
Beginning at a point on the east line of the Burlingame Ranch as recorded in Plat Book 50 at
Page 88 of the records of the Pitkin County Clerk and Recorder whence the West Y, comer of
said Section 2 bears N64014'16"W a distance of 878.38 feet with all bearings contained herein
being relative to a bearing of N04 041' 19"E between the W II. corner and the Northwest comer of
said Section 2; thence S86029'36"E along the boundary of said Burlingame Ranch a distance of
119.58 feet; thence S34 004' 47"W a distance of 4.13 feet to the northeasterly comer of a parcel
of land described on page 16 of Reception #497592; thence along the easterly boundary of said
parcel of land the following two (2) courses, thence S13054'40"W a distance of 403,00 feet;
thence S260l9'05"W a distance of 27.92 feet to a point on said Burlingame Ranch boundary;
thence NOI 002'37"W along the boundary of said Burlingame Ranch a distance of 427,02 feet to
the POINT OF BEGINNING, containing 26,366 square feet or 0.605 acres, more or less,
SECTION 2:
All material representations and commitments made by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Community Development Department, or the Aspen City Council, are hereby incorporated in
such plan development approvals and the same shall be complied with as if fully set forth herein,
unless amended by other specific conditions,
SECTION 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
SECTION 4:
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:
A public hearing on the Ordinance will be held on the 28th day of February, 2005, at 5:00 p,m. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen days prior to which hearing a
public notice of the same will be published in a newspaper of general circulation within the City of
Aspen.
SECTION 6:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 24th day of January, 2005.
2
ATTEST:
Kathryn Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of February, 2005.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
APPROVED AS TO FORM:
John Worcestor, City Attorney
3
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFICIAL ZONING MAP OF THE SOLDNER PROPERTY
Section 26.92,020, Standards Applicable to Rezoning
In reviewing an amendment to the official zone district map, the City Council shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this title.
STAFF FINDING: I DOES IT COMPLY? ! YES
The proposed zoning is consistent with the Land Use Code and does not represent any
potential conflicts, This zoning provides the most congruent land use regulations with those
previously provided in Pitkin County and provides the most appropriate zoning given the
location, topography, access and expected future uses of the land. In addition, the proposed
rezoning application will not create any zoning non-conformities with respect to the existing
properties. Staff finds this criterion to be met
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan,
STAFF FINDING: ! DOES IT COMPLY? ! YES
Staff believes that the proposed zoning is consistent with the Aspen Area Community Plan.
The future land use map in the AACP envisions this area as a locale for affordable housing
development with conservation lands also designated. By zoning this as Conservation (C) it
will become land that supports this AACP designation and is consistent with the surrounding
lands that are already zoned (C), Staff finds this criterion to be met
C. Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: I DOES IT COMPLY? ! YES
Yes, it is compatible with both the surrounding districts and land uses. Currently it borders on
land that is zoned (C). It is critical that this parcel be zoned the same way to maintain the
desired conservation status of Deer Hill above the road,
D, The effect ofthe proposed amendment on traffic generation and road safety.
STAFF FINDING:! DOES IT COMPLY? I YES
The site has adequate access for the intended level of traffic. Staff does not expect any
degradation of road capacity due to this rezoning. In fact, this parcel was annexed, and is
being rezoned, snecifically to provide for road construction,
E. Whether and the extent to which the proposed amendment would result in demands on public
facilities, and whether the extent to which the proposed amendment would exceed the
capacity of such facilities, including, but not limited to, transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and emergency medical facilities.
Soldner Rezoning Staff Comments Page 1
STAFF FINDING: I DOES IT COMPLY? I YES
There will not be an increase in the demand for public facilities as a result of the proposed
zoning request.
F, Whether and the extent to which the proposed amendment would result in significant adverse
impacts on the natural environment.
STAFF FINDING: I DOES IT COMPLY? I YES
The proposed zoning application would provide a positive environmental impact due to the
Conservation designation. Staff finds this criterion to be met.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen,
STAFF FINDING: I DOES IT COMPLY? I YES
Staff believes that the proposed zoning application is consistent with the community and
neighborhood character of the area, in that the new zoning is similar to zoning in the vicinity
and does not, in and of itself, change the character of the area,
H. Whether there have been changed conditions affecting the subject parcel or the surrounding
neighborhood which support the proposed amendment.
STAFF FINDING: I DOES IT COMPLY? I YES
The City has a statutory obligation to provide this property with zoning within ninety (90) days
of the final annexation, The property was annexed into the City on October 12, 2004.
Therefore, the annexation itself produced the changed conditions (land transferred from
County to City) that warrant the proposed amendment. Staff finds this criterion to be met.
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.
STAFF FINDING: I DOES IT COMPLY? I YES
It is in the public interest to zone this parcel within ninety (90) days as required by statutory
obligations. This zoning does not pose any conflicts to the public interest and actually furthers
it, by contributing to the timely development of the Burlingame Ranch affordable housing
development.
Soldner Rezoning Staff Comments Page 2
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1
Exhibit D
FORMER PITKIN COUNTY ZONING
3-40-080 AFR-2 Agricultural/Forestry/Residential
A, Intent: The AFR-2, Agricultural/Forestry/Residential district, is intended to provide for a moderate
density, residential/agricultural transition zone for lands along the valley floor located between the
County's development centers and its rural, open land area, The district also contains existing housing
concentrations with densities exceeding those in surrounding areas,
B, Allowed Uses: The following uses are allowed as of right in the Agricultural/Forestry/Residential
(AFR-2) Zone District:
I, Accessory buildings and uses,
2, Animal production and husbandry serVices, other farm and agricultural uses (not including
commercial feed lots),
3. Bus stop,
4, Crop production,
5, Farm buildings,
6, Home occupations,
7, Parks, playground, playing fields,
8. Manufactured home,
9, Single-family dwelling units,
10, Single-family dwelling unit with a potential of up to, but not exceeding, fifteen thousand (15,000)
square feet of floor area,
1 L Solar energy collectors (private use).
12, Trails,
C. Special Review Uses: The following uses are subject to special review:
L Agriculture stands.
2, Caretaker dwelling units,
3, Cemeteries,
4, Churches,
5, Club houses or recreational buildings used in connection with and accessory to a permitted
outdoor recreational use,
6, Commercial firewood splitting, storage and sales,
7, Commercial kennels and veterinary clinics.
8, Commercial riding stables,
9, Community health facilities.
10, Day care centers,
II, Duplex dwelling units,
12, Employee dwelling units.
13, Golf courses,
14, Mineral exploration/mining, concrete batch plants,
15, Nordic ski areas and support facilities.
16, Nursing, convalescent, rest, and retirement homes,
17, Outdoor recreational uses.
18, Radio transmitting station,
19, Resort cabins.
20, Satellite reception devices,
21. Single-family dwelling unit with more than fifteen thousand (15,000) square feet of floor area
(transferable development rights are required to exceed fifteen thousand (15,000) square feet),
22, Schools/universities,
23, Sewage disposal areas/landfills/water plants,
24, Transferable development rights (TDRs),
25, Uses, activities and facilities permitted by special use permit issued by Federal Agencies.
26, Water crossing and diversion,
D. Prohibited Uses: The following uses are prohibited in the Agricultural/Forestry/Residential (AFR-2)
Zone District:
1, Airport
2, Alpine ski areas and support
3, Amusement and entertainment establishments,
4, Commercial automobile parking lots,
5, Commercial camping areas,
6, Dormitory housing,
7, Equipment supplies and contraction or subcontraction.
S, Essential government and public utility uses, facilities and services,
9, Financial institutions,
10, General services,
1 1. Guest ranches.
12, Hospitals,
13, Junk yards,
14, Logging.
15, Medical/dental clinics.
16, Mobile homes,
17, Motels, hotels, lodges,
IS, Multi-family dwelling units,
19, Offices.
20, Personal service outlets: food stores, drug stores, post office substation, self-service laundries, dry ,
cleaning outlets and liquor stores; the total space shall be limited to eighty (80) square feet of
gross leasable space per dwelling unit in the district
21, Places for retailing of goods.
22, Professional offices,
23, Research faci I ities, indoors,
24, Research facilities, other.
25, Restaurants and bars,
26, Timesharing/fractional fees.
27, Uses not listed,
2S, Vehicle and aircraft sales and service,
E. Dimensional Requirements: The following dimensional requirements shall apply to all permitted and
special review uses in the Agricultural/Forestry/ Residential (AFR-2) Zone District:
1, Minimum lot area: two (2) acres,
2, Minimum lot area principal use: two (2) acres,
3, Minimum front yard Setback: See Figure 3-1,
4, Minimum side yard setback: See Figure 3-1,
5, Minimum rear yard setback: See Figure 3-1.
6, Minimum lot width: two hundred feet (200'),
7, Maximum height principal structures: twenty-eight feet (28'),
___..,,___ .. .~...._..._"_'_c-___'"~
8, Maximum height accessory structures: twenty feet (20'),
9, Maximum Floor Area Ratio: Lot Size Allowable Square Feet Square Feet FAR of Floor Area 0--
25,000,13,13:1 floor to lot area ratio up to a maximum of3,250 sq, ft. of floor area, 25,001--
50,000 ,09 3,250 sq, ft. of floor area, plus 9 sq, ft, of floor area for each additional 100 sq, ft, in
lot area up to a maximum of 5,500 sq, ft, of floor area, 50,001--100,000 .05 5,500 sq, fl. of floor
area plus 5 sq, ft, of floor area for each additional 100 sq, ft, in lot area up to a maximum of 8,000
sq, ft, of floor area, 100,000 + ,01 8,000 sq, ft, of floor area plus 1 sq, ft, of floor area for each
additional 100 sq, ft, in lot area,
(Ord. 23-2002 Atl. A, I (part); Ord, 99-36 Atl. B (part))
EXHIBIT E
PROPOSED CITY OF ASPEN ZONING
26.710.220 Conservation (C).
A. Purpose, The purpose of the Conservation (C) zone district is to provide areas of low density
development to enhance public recreation, conserve natural resources, encourage the production
of crops and animals, and to contain urban development.
B. Permitted uses, The following uses are permitted as of right in the Conservation (C) zone
district:
I. Detached residential dwelling;
2, Park, playfield, playground and golf course;
3, Riding stable;
4, Cemetery;
5. Crop production, orchards, nurseries, flower production and forest land;
6. Pasture and grazing land;
7, Dairy;
8. Fishery;
9, Animal production;
10, Husbandry services (not including commercial feed lots) and other farm and agricultural
uses;
11, Railroad right-of-way but not a railroad yard;
12. Home occupations;
13. Accessory buildings and uses; and
14, Accessory dwelling units meeting the provisions of Section 26.520,040.
C. Conditional uses. The following uses are permitted as conditional uses in the Conservation
(C) district, subject to the standards and procedures established in Chapter 26.425,
I, Guest ranches;
2. Recreational uses including a riding academy, stable, club, country club and golf course;
3. Ski lift and other ski facilities;
4. Sewage disposal area;
5, Water treatment plant and storage reservoir; and
6, Electric substations and gas regulator stations (not including business or administration
offices).
D, Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Conservation (C) zone district.
I. Minimum lot size (acres): 10.
2, Minimum lot area per dwelling unit (acres): 10,
3. Minimum lot width (feet): 400.
4. Minimum front yard setback (feet): 100.
5, Minimum side yard setback (feet): 30.
6, Minimum rear yard setback (feet): 30,
7. Maximum height (feet): 25,
8. Minimum distance between principal and accessory buildings (feet): No requirement.
9. Percent of open space required for building site: No requirement.
10. External floor area ratio: (applies to conforming and nonconforming lots ofrecord): same
as R -15 zone district
(Ord. No, 32-1999, S 2; Ord. No. 56-2000, SS 4, 7 (part), 14; Ord. No, 25-2001, SS 3, 5 (part))
TO:
THRU:
FROM:
RE:
DATE:
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VI'ld
MEMORANDUM
Mayor Klanderud and Aspen City Council
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director QM'<<)
Lodging Zone District Amendments
. Lodge Zone District (currently LTR District)
. Commercial Lodge District
. Lodge Overlay District
. Lodge Preservation Overlay District
. Definition of "Lodge"
Second Reading of Ordinance No.9, Series of 2005
February 28,2005
SUMMARY:
This proposed ordinance updates the City's lodging zone districts. There are two
standard zoning districts - Lodge and Commercial Lodge. And, there are two
"overlay districts" - Lodge Overlay and Lodge Preservation Overlay. An overlay
district adds to the types of uses permitted in the property's underlying district. For
example, a property zoned R6 with a Lodge Overlay can be developed according to
the R6 Zone plus the uses allowed in the lodge overlay,
Aspen's bed base has continued to decline. The number of available pillows has
declined by about 2,860 pillows in the past 10 years, This represents a 30% reduction
of the bed base. Approximately 600 fewer pillows are available this year as compared
to last year. Attached are current figures from Stay Aspen Snowmass on the number
of pillows within Aspen - The "pillow count." Staff is also working on a complete
lodge inventory, which will incorporate this information with additional data on
projects under construction and the timeshare market.
The amendments reflect direction from City Council during work sessions on this
topic. Council directed staff to provide incentives within the zoning for lodges
meeting both a "density standard" and a "unit-size standard." The incentives
proposed in the Lodge District permit a height of 42 feet, with the potential of
achieving 46 feet on areas setback from the property line and a higher Floor Area,
Lodges not meeting both the density and unit size standards would be restricted to the
same dimensions currently permitted - a 28-foot height limit and a I: I FAR.
Staff has researched, with the help of lodge owners, a density standard. Staff is
proposing one lodge unit per 500 square feet of lot area be the threshold for achieving
I
the incentive, For example: on a parcel of 12,000 square feet, a minimum of 24 units
would be required to achieve the larger floor area and height. A project of less than
24 units would be restricted to the current floor area and 28-foot height limit. Staff
believes this will encourage projects that can reverse the trend of the diminishing bed
base. Only fully separated units would count. Lock-offs would not be counted as a
unit for this density standard.
Staff has also researched an average unit size with the help of lodge owners and has
determined that a 500 square foot average unit size should be the threshold for
achieving the incentive zoning. This will allow for a range of unit sizes within a
project while maintaining a moderate average size. Projects with an average unit size
above 500 square feet would be restricted to the current FAR and height. Again,
lock-otIs would not count as a fully independent unit.
Staff believes these two standards - "density" and "unit size" - will encourage
development of lodges with many moderately sized units. Neither of these standards
is overly aggressive and the lodge development community should be able to achieve
these standards,
This ordinance also addresses the definition of a "lodge" by introducing two
components - the length of occupancy and whether kitchens are permitted within
individual lodge units, These two items address the ongoing concern about lodge
units becoming defacto residential units. The LP overlay zone currently permits
owners of individual lodge rooms to occupy their unit up to six months per year.
Staff believes this very-relaxed provision allows these units to function as second
homes. Staff does not believe the City should be encouraging residential-style
occupancy, especially with these proposed incentives for lodge development.
With respect to kitchens within individual lodge rooms, staff believes this can be
handled through a special review procedure, Kitchens can also encourage residential-
style use, but many lodge owners have expressed that there is a market demand for
lodge units with kitchens. This special review could be used to ensure the kitchens do
not enable residential-style use and are truly only the minimum necessary to make the
lodge operation viable. Kitchens are not currently allowed in the Lodge District, but
are permitted within the LP District. During work sessions on this specific issue,
Council has been split on whether kitchens should be permitted within lodge units,
Direction on this point is necessary,
Zoning is a portion of the overall lodging strategy. Staff is still working on
amendments to growth management (a work session with Council is scheduled for
February 22nd at 5 pm) to encourage lodge development and redevelopment. One
strategy already discussed and supported by City Council is to provide a full credit to
lodge units being merely replaced. This would allow a lodge to avoid affordable
housing mitigation as long as no net increase in the number of units occurs, Another
strategy already discussed and supported by City Council is to lower the mitigation
2
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rate by half for new lodge development falling within the density and size incentive
standards. These, and other strategies, will be discussed at the February 22nd work
session on growth management.
Staff has met with the Lodging Association Board of Directors and with the Gems of
Aspen to review these changes and inform lodge owners of the public hearing.
Many of the issues regarding these changes will need discussion and some may
require additional research and a continuance of this item. Staff recommends
adoption of Ordinance No.9, Series of 2005.
MAIN ISSUES:
Height: Staff is proposing the height schedule used for the Commercial Core - 42
feet for all areas of the building and 46 feet for areas set back at least 15 feet from
property lines which adjoin streets. Another option is to use the C I Zone height
schedule. This would provide for a height of 42 feet for flat roofs and 38 feet for
sloped roofs.
Residential Units within Lodge Districts: There are many properties within lodging
districts that have traditionally functioned as short-term tourist units. Staff has always
considered these units to be residential units with the ability to function as a lodge.
(The Gant and the Alps are examples of these properties.) These units can have
kitchens and can be used by their individual owners as either residences or short-term
units. Staff is not intending to change this policy, Staff has made a few minor
amendments to the proposed ordinance to clarifY this intent.
Length of Occupancy: Feedback from several lodge owners indicates that more
flexibility is desired, In particular, the 3D-day stay standard for lodge rooms is of
concern. The 3D-day standard is a recommendation from staff and the P&Z after
research on similar resort community's regulations and the State definition of short-
term occupancy,
There are several residential properties within the lodge district which function as
short-term rentals. Staff is working with a few property owners on possible
amendments to the ordinance to clarify that residential properties within the lodge
district can be rented on a short-term basis but are not required to do so, Information
will be presented during the hearing although this item may need additional work.
The intent behind this occupancy standard is to ensure that lodging properties do not
automatically become residential in character and use, When properties are
condominiumized, no additional regulations can be implemented and staff is aware of
instances where "lodge" units are marketed as residential units. In light of the zoning
incentives being contemplated, staff is especially concerned about an occupancy
provision that provides for reasonable owner usage without encouraging a complete
residential conversion.
3
Kitchens: Kitchens have traditionally differentiated multi-family units from lodge
units, In the LP district, kitchens are permitted and timeshare units may have
kitchens. Lodge owners have stated a desire to meet current market demands for
cooking facilities within units. Staff has proposed a system where kitchen are
allowed through a Special Review process. This would involve P&Z reviewing each
specific case.
MAP OF
DISTRICT:
LODGE
ZONE
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MAP OF COMMERCIAL
LODGE ZONE DISTRICT:
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:..:. MAP OF LODGE OVERLAY
ZONE DISTRICT:
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MAP OF
PRESERVATION
ZONE DISTRICT:
LODGE
OVERLAY
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RECOMMENDED MOTION:
"I move to approve Ordinance No.9, Series of2005."
ALTERNATE MOTION:
"I move to continue Ordinance No, 9, Series of 2005, to [date] for additional staff
resear,ch on the following topics. . , ."
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Summary
C - SAS Pillow Count
5
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ORDINANCE NO.9
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING
AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE SECTIONS 26.710.190-
LODGE (L) ZONE DISTRICT, SECTION 26.710.200 - COMMERCIAL LODGE (CL)
ZONE DISTRICT, SECTION 26710.310 - LODGE OVERLAY (LO) ZONE DISTRICT,
SECTION 26.710.320 LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT,
AND SECTION 26.104.100 - DEFINITION OF "LODGE".
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Aspen instructed the Director of the Community Development Department to propose
amendments to the Land Use Code, part of the City of Aspen Municipal Code, related to the
Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory
Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items identified in
the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned by
the City of Aspen in 2000), recommendations of the Infill Report (a report produced by the Infill
Advisory Group in January, 2002), and the Recommendations of the Economic Sustainability
Committee (a joint project between the City of Aspen, the Aspen Chamber Resort Association,
and the Aspen Institute Community Forum concluded in September, 2002) that call for:
. intensification of land uses within the traditional townsite.
. focusing of growth towards already developed areas and away from undeveloped areas
surrounding the city.
. balance between the community and the resort aspects of Aspen.
. sustainability of the local social and economic conditions.
. The creation of a development environment in which private sector motivation IS
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Sections of the Land Use
Code, Title 26 of the Aspen Municipal Code:
26.710.190 - Lodge Tourist Residential (LTR) Zone District page 2,
26,710.200 - Commercial Lodge (CL) Zone District page 5,
26.710,310 - Lodge Overlay (LO) Zone District page 7.
26.710.320 - Lodge Preservation Overlay (LP) Zone District page 9,
26.1 04.1 00 - Definition of "Lodge" page 10; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Ordinance No.9
Series of 2005,
Page 1
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to September 24, 2002, continued to October
I, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17,2002, took and considered public testimony
at each of the aforementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote, City Council adopt the
proposed amendments to the land use code by amending the text of the above noted Chapters and
Sections of the Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the recommended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development Director,
the Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26,710.190, Lodge Tourist Residential (L TR) Zone District, which section regulates
development within the LTR Zone District, shall read as follows:
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation, and operation of lodges, tourist-oriented multi-family buildings, high occupancy
timeshare facilities, and ancillary uses compatible with lodging to support and enhance Aspen's
resort economy, The City of Aspen encourages high-occupancy lodging development in this
zone district. Therefore, certain dimensional incentives are provided in this zone district as well
as other development incentives in Chapter 26.470 - Growth Management.
Ordinance NO.9
Series of2005.
Page 2
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Lodging,
2, Timeshare Lodge,
3. Exempt Timesharing,
4, Offices and activities accessory to timeshare unit sales (see Section 26.590),
5. Conference facilities,
6. Uses associated with outdoor recreation facilities and events,
7. Accessory uses and structures,
8. Storage accessory to a permitted use,
9. Affordable Multi-Family Housing accessory to a lodging or timeshare operation and for
employees of the operation,
10, Free-Market Multi-Family Housing,
11, Home occupations.
12. Parking shall not be allowed as the sole use of the ground floor.
13. Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge units
which have been approved pursuant to Section 26.590, Timeshare Development.
Kitchens may be approved within Lodge units pursuant to Special Review (see subsection
section E).
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L)
Zone District, subject to the standards and procedures established in Chapter 26.425:
I, Retail and Restaurant Uses,
2, Neighborhood Commercial Uses,
3. Service Uses,
4. Arts, Cultural and Civic Uses,
5. Public Uses,
6. Academic Uses,
7. Child care center,
8, Commercial Parking Facility, pursuant to Section 26.515,
9, Affordable Multi-Family Housing not accessory to a lodging or timeshare operation.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge (L) Zone District:
1. Minimum lot size (square feet): 3,000
Ordinance No,9
Series of2005.
Page 3
2. Minimum lot area ver dwellinz unit (square feet):
a, Multi-Family residential- 3,000 square feet.
b, Lodge, Timeshare Lodge, and Exempt Timesharing - no requirement.
3. Minimum lot width (feet): 30.
4, Minimum front vard setback (feet): 5.
5, Minimum side vard setback (feet): 5,
6. Minimum rear vard setback (feet): 5.
7. Maximum heizht:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with
less than one lodge unit per 500 square feet of Lot Area or an average lodge
unit size greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with
one or more lodge units per 500 square feet of Lot Area and an average lodge
unit size of 500 square feet or less: 38 feet for sloped roofs. For flat roofs, 42
feet for all areas of the property and 46 feet for areas setback 15 or more feet
from lot lines adjoining a Street right-of-way.
8. Minimum distance between buildinzs on the lot (feet): 10.
9. Pedestrian Amenitv Svace: Pursuant to Section 26.575.030.
10, Floor Area Ratio (FAR):
A. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3: I for
parcels of 27,000 square feet or less in size and 2.5: I for parcels greater than
27,000 square feet.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses;
Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center:
.25:1, which may be increased to .5:1 by Special Review, pursuant to Section
26.430.
2. Lodge, Timeshare Lodge, Exempt Timesharing, and uses ancillary to lodging
facilities: 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430,
3. Commercial Parking Facility: 1: 1.
4. Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
Ordinance NO.9
Series of2005,
Page 4
5, Free-Market Multi-Family Housing: An amount less than or equal to 20% of
the FAR of the project which is devoted to Lodging, Timeshare Lodging, or
Exempt Timesharing. For example: If the lodge portion of the project is
50,000 square feet, then the free-market residential portion of the project may
be up to 10,000 square feet.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:1 for parcels greater
than 27,000 square feet.
I. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge, Timeshare Lodge, Exempt Timesharing, uses ancillary to lodging
facilities, and Commercial Parking Facility: I: I, which may be increased to
1.5:1 by Special Review, pursuant to Section 26.430,
3, Commercial Parking Facility: I: I.
4, Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430,
5, Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 by
Special Review, pursuant to Section 26.430.
C. The following FAR schedule applies to multi-family (as a single use) projects,
cumulatively, up to a total maximum FAR of ,75:1.
I. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved
pursuant to Special Review, Section 26.430, considering the following criteria:
I, The kitchen facilities are minimal and only intended to enhance the short-term
occupancy of the lodging operation. Large kitchens, which may facilitate residential
use of the units, are not encouraged.
2. The number or percentage of lodge units within the development which are to contain
kitchens is limited to that which is necessary for the viability of the lodge operation,
3. Adequate assurance is provided by the lodge owner/operator that the lodge units will
not be used as residential units,
Ordinance No,9
Series of 2005.
Page 5
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Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Lodging units
with less than a full kitchen shall not require special review, A kitchen within a lodge
shall not require special review, Kitchens within residential units located in the district
shall not require special review, regardless of whether the residential unit is used as a
permanent residence or is used for short-term occupancies.
Section 2:
Section 26.710.200, Commercial Lodge (CL) Zone District, which section regulates development
within the Commercial Lodge Zone District, shall read as follows:
26.710.200 Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the
establishment of mixed-use commercial and lodge development by permitting commercial uses
on the ground floor with lodging development above.
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge
(CL) zone district:
1. Uses allowed in Basement and Ground Floors: Those uses allowed in Basement and
Ground Floors, respectively, within the Commercial Core Zone District Parking shall
not be allowed as the sole use of the ground floor.
2. Uses allowed on Upper Floors: Lodging, Timeshare Lodge, Exempt Timesharing, offices
and activities accessory to timeshare unit sales (see Section 26.590), conference facilities,
accessory uses, storage accessory to a permitted use, Affordable Multi-Family Housing
accessory to a lodging or timeshare operation, Free-Market Multi-Family Housing
accessory to a lodging or timeshare operation,
3, Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge units
which have been approved pursuant to Section 26,590, Timeshare Development
Kitchens may be approved within Lodge units pursuant to Special Review (see subsection
E),
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses, Office Uses,
Arts Cultural and Civic Uses, Public Uses, Academic Uses, or child care center, located
on Upper Floors,
2, Commercial Parking Facility, pursuant to Section 26.515;
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Lodge (CL) zone district:
Ordinance NO.9
Series of2005.
Page 6
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1.
2.
3.
4,
5,
6.
Minimum lot size (square feet):
No requirement
7,
Minimum lot area oer dwellinz unit (square feet): No requirement
Minimum lot width (feet): No requirement
Minimum front vard setback (feet): No requirement
Minimum side vard sethack (feet): No requirement
Minimum rear vard setback (feet): No requirement except trash/utility service area
shall be required abutting alley, pursuant to Section 26.575.060.
Maximum heizht: 42 feet for all areas of the property. 46 feet for areas setback
15 or more feet from lot lines adjoining a Street right-of-way.
Minimum distance between buildini!s on the lot (feet): No requirement
Pedestrian Amenitv Soace: Pursuant to Section 26,575.030,
Floor Area Ratio (FAR)
The following FAR schedule applies to uses cumulatively up to a total maximum
FARof3:!.
8,
9,
10,
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: I: !. Existing (prior to
redevelopment) commercial FAR may be replaced, subject to
acknowledgement by City Zoning Officer prior to demolition.
b) Lodging, timeshare lodging, exempt timesharing, and lodging associated uses:
2:1, which may be increased to 2.5:1 by Special Review, pursuant to Section
26.430,
c) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
d) Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 by
Special Review, pursuant to Section 26.430.
E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved
pursuant to Special Review, Section 26.430, considering the following criteria:
!. The kitchen facilities are minimal and only intended to enhance the short-term
occupancy of the lodging operation. Large kitchens, which may facilitate residential
use of the units, are not encouraged.
2, The number or percentage of lodge units within the development which are to contain
kitchens is limited to that which is necessary for the viability of the lodge operation,
3. Adequate assurance is provided by the lodge owner/operator that the lodge units will
not be used as residential units.
Note: A full kitchen consists of a sink, refrigerator, and a cooking device, Lodging units
with less than a full kitchen shall not require special review, A kitchen within a lodge
Ordinance No,9 Page 7
Series of2005.
^.,._.~__.~w_.___<,_",~__~,__"._..~",_,-.~_.,"_.~~..~____"m .......----.._-.__...._~...........~__~."''''''..~"...___._._~~..__.~"_'~.<','U. __.. ,.....~~_""'__
shall not require special review, Kitchens within residential units located in the district
shall not require special review, regardless of whether the residential unit is used as a
permanent residence or is used for short -term occupancies.
Section 3:
Section 26,710.310, Lodge Overlay (LO) Zone District, which section regulates development
within the Lodge Overlay Zone District, shall read as follows:
26.710.310 Lodge Overlay (LO) Zone District.
A. Purpose. The purpose of the Lodge Overlay (LO) zone district is to provide for lodge
uses in areas of the City suitable for lodge accommodations where there are limitations on
development that necessitate the permitted density to be significantly less than that in the City's
other lodge zone districts,
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO)
zone district:
I. The uses permitted in the underlying zone district
2. Lodge.
3. Timeshare Lodge,
4. Exempt Timesharing.
5. Offices and activities accessory to timeshare unit sales (see Section 26.590),
6. Conference facilities,
7, Uses associated with outdoor recreation facilities and events,
8, Accessory uses and structures,
9, Storage accessory to a permitted use,
10, Affordable Housing accessory to a lodging or timeshare operation and for employees
of the operation,
II. Free-Market Multi-Family Housing.
12, Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge
units which have been approved pursuant to Section 26.590, Timeshare Development
Kitchens may be approved within Lodge units pursuant to Special Review (see
subsection E).
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (LO) zone district, subject to the standards and procedures established in Chapter
26.425:
), The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public,
3. Restaurant
Ordinance No.9
Series of2005.
Page 8
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge Overlay (LO) zone district:
I, A lodge shall meet the dimensional requirements of the underlying zone district
for a detached residential dwelling or a multi-family residential building, where such uses
are permitted, or as otherwise established through adoption of a Final PUD Plan. pursuant
to Chapter 26.445 - Planned Unit Development
2, All other uses shall meet those dimensional requirements that apply to such uses
in the underlying zone district, or as otherwise established through adoption of a Final
PUD Plan, pursuant to Chapter 26.445 - Planned Unit Development
E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved
pursuant to Special Review, Section 26.430, considering the following criteria:
1. The kitchen facilities are minimal and only intended to enhance the short-term
occupancy of the lodging operation: Large kitchens, which may facilitate residential
use of the units, are not encouraged.
2. The number or percentage of lodge units within the development which are to contain
kitchens is limited to that which is necessary for the viability of the lodge operation.
3. Adequate assurance is provided by the lodge owner/operator that the lodge units will
not be used as residential units.
Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Lodging units
with less than a full kitchen shall not require special review, A kitchen within a lodge
shall not require special review, Kitchens within residential units located in the district
shall not require special review, regardless of whether the residential unit is used as a
permanent residence or is used for short-term occupancies,
Section 4:
Section 26.710320, Lodge Preservation Overlay (LP) Zone District, which section regulates
development within the Lodge Preservation Overlay Zone District, shall read as follows:
26.710.320 Lodge Preservation Overlay (LP) Zone District.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide
for and protect small lodge uses on properties historically used for lodge accommodations, to
permit redevelopment of these properties to accommodate lodge and affordable housing uses, to
provide uses accessory and normally associated with lodge and affordable-housing development,
to encourage development which is compatible with the neighborhood and respective of the
manner in which the property has historically operated, and to provide an incentive for upgrading
existing lodges on-site or onto adjacent properties.
Ordinance No.9
Series of 2005,
Page 9
__ _~'_~__~'_." _ . _~_,~"<",___~,,, _,_"_~_,,___",_,__~,~,,,,~~~_,w,<~_."""'~ .. _ '. ,_ _",._~_____..
B. Permitted uses, The following uses are permitted as of right in the LP Overlay zone
district:
I. The uses permitted in the underlying zone district.
2, Lodge.
3, Timeshare Lodge,
4, Exempt Timesharing,
5, Boarding house,
6, Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Section 26,590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events,
10, Accessory uses and structures,
II. Storage accessory to a permitted use,
12. Affordable Housing accessory to a lodging or timeshare operation and for employees
of the operation.
13. Free-Market Multi-Family Housing.
14. Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge
units which have been approved pursuant to Section 26.590, Timeshare Development.
Kitchens may be approved within Lodge units pursuant to Special Review (see
subsection E).
C. Conditional Uses, The following uses are permitted in the LP Overlay zone district,
subject to the standards and procedures established in Chapter 26.425 of this Code:
I. Affordable housing intended for the general public,
2. Restaurant.
3. The uses allowed as conditional uses in the underlying zone district.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Where no specific dimensions have been established
for the use, the permitted dimensions shall be limited to that of a single-family residence or
multi-family residences where such uses are allowed, Upon consideration of the neighborhood
compatibility and the dimensional requirements of surrounding zone districts, the dimensional
requirements may be established pursuant to Chapter 26.445 - Planned Unit Development.
E. Kitchens in Lodge Units. Kitchens within individual lodge units may be approved
pursuant to Special Review, Section 26.430, considering the following criteria:
I. The kitchen facilities are minimal and only intended to enhance the short-term
occupancy of the lodging operation. Large kitchens, which may facilitate residential
use of the units, are not encouraged,
2. The number or percentage of lodge units within the development which are to contain
kitchens is limited to that which is necessary for the viability of the lodge operation.
3. Adequate assurance is provided by the lodge owner/operator that the lodge units will
not be used as residential units,
Ordinance NO.9
Series of2005.
Page 10
Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Lodging units
with less than a full kitchen shall not require special review. A kitchen within a lodge
shall not require special review. Kitchens within residential units located in the district
shall not require special review, regardless of whether the residential unit is used as a
permanent residence or is used for short-term occupancies,
Section 5:
Section 26.1 04.1 00, Definitions, which section describes the meaning of terms used in the Land
Use Code, shall include the additional following terms and definitions:
Hotel (a.k.a. Lodge). A building or parcel containing three (3) or more individual
rooms, without kitchens, used for overnight lodging by the general public on a short -term
basis for a fee, with or without meals, and which has common reservation and cleaning
services, combined utilities, and on-site management and reception services. Timeshare
units and timeshare developments are considered Hotels for the purposes ofthe Land Use
Code. Unless otherwise approved pursuant to Chapter 26.590 Timeshare Development,
occupancy periods of a hotel or lodge unit by anyone person, entity, or owner shall not
exceed 30 consecutive days and shall not exceed 90 days within any calendar year,
regardless of the form of ownership. For Hotels with flexible unit configurations, also
known as "lock-off units," each primary unit (in its maximum configuration) shall
constitute a lodge unit for the purposes of this Title. Residential properties, and units
thereon, located within zone districts permitting Lodge use shall be permitted, but not
required, to operate as a Lodge, The occupancy period limitations shall not apply to
residential properties located within lodging zone districts regardless of whether the
residential units are used for short-term occupancies,
Section 6:
This Ordinance shall not effect 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 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 8:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Ordinance No.9
Series of2005.
Page 11
Section 9:
A public hearing on the Ordinance shall be held on the _ day of ,2005, 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 shall be published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the day of ,2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2005,
Attest:
Kathryn S. Koch, City Clerk
Helen K. K1anderud, Mayor
Approved as to form:
City Attorney
c: lhomelinfilllLodginglLodging_ Ord,doc
Ordinance No.9
Series of2005.
Page 12
Exhibit A
Lodging Zone Amendments
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text ofthis Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendments are to encourage the development and redevelopment of
high occupancy lodging projects in areas that can support such intensity with existing
infrastructure, This promotes a general planning goal of maximizing the efficiency of
existing public infrastructure, bolstering the local resort economy, and providing
development intensity in areas where automobile use can be minimized. No aspect of the
proposed code amendment is in conflict with other portions ofthe Municipal Code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan,
Staff Finding:
Staff believes these changes to the Lodging zone districts are supported by the AACP.
There are many references to supporting the bed base and improving it when possible.
The number one issue identified in the Economic Sustainability Report, 2002, was the
declining bed base. Providing lodging redevelopment opportunities within the townsite
and within walking distance of downtown will help to stabilize the diminishing bed base.
The Lodge District, Commercial Lodge District, Lodge Overlay and Lodge Preservation
Overlay are appropriate places for rejuvenated lodging and increased lodging
development. Staff believe this criterion is met
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics,
Staff Finding:
This amendment does not affect the location of the lodging zones. The zone boundaries
are not being altered, only the types of uses and intensities allowed on these parcels.
These areas of town continue to be appropriate locations for lodging development Staff
believes this criterion is met
D. The effect of the proposed amendment on traffic generation and
road safety,
staff comments - Lodging Amendments. page I
Staff Finding:
The proposed changes encourage redevelopment and capital investment in lodging
properties. Encouraging reinvestment in these properties will likely create slightly more
traffic on local streets. Staff does not believe the amendments represent any safety issues
on local roads.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Staff Finding:
The amendments intentionally encourage greater use of existing infrastructure by
focusing development into areas that are already served as opposed to areas to which new
infrastructure must be extended. The amount of potential development is not expected to
unduly burden or overwhelm existing infrastructure, Also, impact mitigation
requirements for public systems ensure their continued capability.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment
Staff Finding:
Increased reinvestment opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen,
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a vibrant downtown commercial district with a healthy bed base
supporting the resort economy, This is the historic character of the lodging zones and the
changes should encourage reinvestment in this development type. Staff believes the
amendments are consistent and compatible with the community character.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment
Staff Finding:
The proposed amendment is not specific to one parceL
staff comments - Lodging Amendments. page 2
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,
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for a strong resort economy and a healthy bed base is
critical to this objective,
Staff believes this Ordinance will promote the purpose and intent of this Title. This
Ordinance promotes reinvestment in lodging areas of town and emphasizes higher
densities of lodge units and a moderate lodge unit size, A healthy lodging base is
consistent with the public interest.
staff comments - Lodging Amendments. page 3
MEETING DATE:
August 31, 2004
~~~~
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.....
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
Summary
City Council discussed Lodging (a revisit of previous direction) the MU zone, NC zone, and the
SCl zone. This work session was a continuation of previous commercial work sessions.
Items Resolved AU/!ust 31'/:
Lodging Revisit
t City Council redirected staff on the lodging incentive to pursue a "density" standard
rather that trying to differentiate traditional ownership verses fractional ownership,
This is a strategy to encourage lodging with small rooms and higher unit counts. A lodge
unit per lot area and possibly an average lodge unit size could be used. Staff believes this
addresses an interest of the City - specifically high occupancy lodging projects while
fitting better with standard zoning differentiation, namely density. As a secondary
outcome, this density standard may be less appealing to fractional projects as the trend
seems to indicate larger units in fractional projects.
Mixed-Use Zone (Main Street).
For the Mixed-Use district (Main Street), Council previously directed staff to structure
allowable heights to permit a 32-foot height for mixed-use, lodging, and multi-family
development and maintain the 25-foot limit for single-family and duplex development
Staff also suggested a reduced ratio for new single-family and duplex development
similar to the reduction in the RMF zone - 80% of the R6 schedule. For replacement of
existing single-family and duplex structures, a 100% schedule would apply thereby not
creating non-conformities. Council agreed with the strategy.
There was some discussion on the reduction or waiver of affordable housing mitigation
for converting historic structures to commercial uses. This could be a strategy to
encourage the preservation and rehabilitation of older buildings in this zone. The
discussion was not concluded.
Neighborhood Commercial
This zone is comprised of two areas - the Clark's Market and KSNO buildings, and the
City Market/Durant Mall area. Both areas are zoned with a PUD Overlay which controls
their dimensions, Because of the two different contexts, the PUD process would be
useful in determining zoning dimensions,
I
Staff suggests a range of options, Council determined that no major updates to this zone
were necessary although the list of permitted uses should be cleaned-up,
Service Commercial Industrial
Council previously agreed to a 35-foot height limit (which is the current requirement)
with one 5-foot height increase to encourage greater first floor heights or a minimum
amount of SCI space. (Only one increase for either or these, but not two total increases.)
Some of the uses should also be cleaned-up and the amount of retail/showroom space that
can be provided should be clarified. Council confirmed this basic strategy.
Previouslv Resolved Items:
Redevelopment projects should be permitted a creditfor their existing development. The City's
code permits the replacement of commercial square footage after demolition only if the project
mitigates for affordable housing as if nothing existed there before - no credit. This replacement
penalty is a significant barrier to redevelopment and removing it is a consistent theme of the infill
discussions, This redevelopment credit idea was implemented a few years ago in the Lodge
Preservation Program and has produced some positive activity. Providing this credit is similar to
the City's approach on Lodging development. Councilwoman Richards expressed some interest
in still requiring some level of mitigation. This was not echoed by other Council members,
Pedestrian Amenity cash-in-lieu uses should not be broadened to include purchase of open
space viewable from downtown. Staff recommended against this route. The reason for requiring
this space is to enhance the pedestrian environment and cash-in-lieu monies should be used to
directly affect this goal and not diverted to other community issues, This is especially important
in light of the City's recent analysis of downtown and a desire to implement improvements with
no funding source. There was not sutlicient Council interest in pursuing this option.
Off-site affordable housing mitigation should be approved by P&Z while off-site, outside the
city limits should only be approved by City Council. This outside the city issue also was raised
by Council during lodging discussions with the preference 'being to permit such mitigation with
approvals from City CounciL
The Pedestrian Amenity requirement should be 25% of each lot; Council decided on keeping
this standard at 25% with the ability for P&Z to lower the requirement to reward exceptional
projects. P&Z's criteria for exceptional should include consideration of the projects mix of uses
and how that mix contributes to an active downtown,
Redevelopment of lots with no Pedestrian Amenity (or less than required) space is currently
provided shall not be required to provide Pedestrian Amenity if the building is merely being
replaced with no expansion. If the redevelopment of a lot increases the building size, a
Pedestrian Amenity equal to 10% of the lot size will be required and could automatically be
satisfied with a cash-in-lieu payment.
2
Pedestrian Amenity and Commercial Design Standards should be ready for first reading by
September 13 th
The outdoor merchandising in required open space issue will be forwarded to the Downtown
Catalyst and not addressed in infill amendments.
The TDR Program will not be expanded to the Commercial Zones.
A TDR program for Affordable Housing mitigation will not be pursued in in fill code
amendments. The idea will be forwarded to the Housing Authority and Board.
CC Zone Height: A height limit of 42 feet, measured at the full extent of the roof will apply to
the Commercial Core District Staff will research some flexibility for modest increases to
accommodate rooflines internal to a project that are not visible from the street level. This would
likely be a review done by HPC as they already must review the design of each building.
Cl and Lodge Zone Height: In the Cl and Lodge districts, a 42-foot height for flat roofs and
38 feet for midpoint of pitched roofs will apply.
CC and C 1 changes are scheduled for public hearing on September 13 th.
Mixed-Use Zone Height: In the Mixed-Use district (Main Street), a 32-foot height limit will
apply to mixed-use, lodging, and multi-family development The 25-foot limit will remain for
single-family and duplex development
First Floor Commercial Core Office Restriction: Council directed staff to pursue a restriction
on ground floor offices in the Commercial Core. Council generally supported a "setback
provision" which would exempt spaces from this restriction if they were significantly set back
from the front of the parcel. Staff generally believes a 40-45 foot setback will accommodate
existing spaces that would not make great retailing spaces. Council agreed to not apply this no-
office restriction on split level buildings. Rachel, Torre, and Terry supported the office
restriction with Helen and Tim opposed,
This item is scheduled for public hearing on September 13th, along with other changes to the CC
and Cl Zones,
+ Wagner Park View Plane: City Council reviewed additional graphics on the potential Wagner
Park view plane in relation to the suggested 42-foot height limit for lodging development
Council decided not to pursue a regulated view plane from the edge of Wagner Park. Terry and
Torre supported a new regulation.
Commercial Core and Commercial] Districts: Council was generally supportive of a the staff
recommended FAR limit of3:1, comprised ofa 1.5:1 limit on commercial, a 1 :1 limit on free-
market residential, and no limit on affordable housing. Sunny Vann expressed interest in
allowing the internal distribution of floor area to be varied and staff will look into this more and
provide a recommendation. Council was generally supportive of permitting single-family and
duplex development in the Cl zone with a reduced FAR schedule - 80% R6 was discussed.
3
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
MEETING DATE:
June 21, 2004
AGENDA TOPIC:
Lodging - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
SUMMARY OF DISCUSSION:
The purpose of the meeting was to review lodge development obstacles and identify methods
to address those obstacles with invited lodge owners, Council reiterated the desire to provide
incentives for "traditional" lodge project verses timeshare projects. Following are the key
incentives discussed:
Height - Council agreed to a two-height strategy for traditional projects: 38 feet for pitched
roofs and 44 for flat roofs, Staff will provide more examination of these heights in relation
to built and approved lodges and commercial core buildings for the public hearings.
Fractional projects will remain permitted at 28 feet.
Limited timeshare/free-market residential use - Council generally agreed that a limited
amount of a traditional project could either be timeshare units or free-market residential units
while remaining eligible for traditional incentives. A project FAR percentage was considered
the best approach. Percentages between 15 and 25 percent were discussed, Staff will
research this percentage more and include a recommendation in the proposed code
amendments.
Review Process - Council was accepting of a streamlined process for traditional projects
meeting the zoning code. A majority favored the reviews residing with the P&Z with only
variances going to City CounciL Rachel and Torre felt that all projects should proceed to
City CounciL An appeal and call-up process was discussed as a way to conclude the formal
process at P&Z and retaining final authority with CounciL
Mitigation - Council agreed to reducing the affordable housing mitigation requirement by
half for traditional projects. Rachel was also interested in maintaining a moderate room size
requirement for this mitigation reduction,
1
6-Month Rental - Council agreed with staff that the 6-month provIsIOn potentially
jeopardizes the lodging bed base and agreed to change the requirement. A 30-day maximum
occupancy was generally agreed to,
Kitchens - Council was split on the ability to provide kitchens in lodge rooms, The lodge
owners described this amenity as a minimal kitchen as opposed to a typical residential
kitchen. Staff will look at a system where lodge room kitchens require special review and
will provide a recommendation to CounciL
Next Steps: Staff will bring code amendments forward for the Lodge districts. This will
incorporate zoning changes (height, FARs, setbacks). Special review requirements for
kitchens and the 6-month provision will also be brought forward with the zoning
amendments. Process items are part of GMQS and will come forward after completing
GMQS discussions on commercial districts. Mitigation and the reduction for traditional
projects are part of GMQS and will come forward later.
Staff has initiated research for potential enforcement, or other action, for short-term rental
activity in single-family zone districts. A follow-up work session on this short-term rental
topic may be necessary,
2
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VIII~
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
FROM:
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director ~
Code Amendments - Commercial Design Review and Pedestrian Amenity
Second Reading of Ordinance No.5, Series of 2005 (continued from 2.14)
THRU:
RE:
DATE:
February 28, 2005
SUMMARY:
This proposed ordinance creates a new section of the Land Use Code - Commercial
Design Review - and amends two others - Pedestrian Amenity (formerly known as
Open Space) and the Utility/Trash/Recycle Service Area requirements.
Commercial Design Review is intended to replace the subjective review of Growth
Management Scoring with a section dealing exclusively with the design of
commercial and mixed-use buildings. The growth management criteria addressing
the design of new buildings are very minimal and no standards currently exist. This
new review contains basic standards for judging the design of new commercial and
mixed-use buildings (and remodels) and requires a public hearing.
The Pedestrian Amenity section replaces the Open Space requirements. This new
section provides the City with the option of selecting Pedestrian Amenity on the same
site as the development, off-site, or through a cash-in-lieu payment. The proposal
focuses on the qualitative improvement to downtown that a project brings rather than
just the quantity of the parcel left undeveloped, The base requirement remains 25%
of the parcel, although provisions have been included to reduce the requirement as an
incentive for proposals bringing vitality to downtown and for already built-out
parcels.
Lastly, the Utility/Trash/Recycle Service Area amendment is essentially a "clean-up"
of existing text with slightly more space being required for recycling, It is this section
which requires space along an alleyway of commercial buildings be used for these
utilitarian functions,
Staff recommends adoption of Ordinance No.5, Series of 2005.
1
1, Unarticulated, blank walls are prohibited. Fenestration, or an alternate means of
fa9ade articulation, is required on all exterior walls.
2. Retail buildings shall incorporate, at a minimum, a 60% fenestration ratio on
exterior street-level walls facing primary streets, (For example: each street-level
wall of a retail building that faces a primary street must be comprised of at least
60% fenestration penetrations and no more than 40% solid materials.) This
provision may be reduced or waived for lodging properties with no, or limited,
street-level retail, office buildings with no retail component, and for
Service/Commercial/Industrial buildings,
3, Building entrances shall be well-defined and apparent.
4, Building entrances shall be designed to accommodate an internal airlock such that
temporary seasonal airlocks on the exterior of the building are unnecessary,
5. Non-traditional storefronts, such as along an alleyway, are encouraged.
D. Parking.
Parking is a necessary component of a successful commercial district. The manner in
which parking is physically accommodated has a larger impact upon the quality of the
district that the amount of parking. Surface parking separating storefronts from the street
creates a cluttered, inhospitable pedestrian environment. A downtown retail district
shaped by buildings, well-designed storefronts, and a continuous street wall is highly
preferred over a district shaped by parking lots. Well-placed and well-designed access
points to parking garages can allow convenient parking without disrupting the retail
district. The following standards shall apply:
1, Parking shall only be accessed from alleyways, unless such access is unavailable
or an unreasonable design solution in which case access from a primary street
shall be designed in a manner that minimizes disruption of the pedestrian
environment.
2. Surface parking shall not be located between the Street right-of-way and the
building fa9ade.
3. Above grade parking garages in commercial districts shall incorporate ground-
floor commercial uses and be designed in a manner compatible with surrounding
buildings and uses,
4. Above grade parking garages shall not reveal internal ramping on the exterior
fa9ade of the building.
E. Utility, Delivery, and Trash Service Provision.
When the necessary logistical elements of a commercial building are well designed, the
building can better contribute to the overall success of the district. Poor logistics of one
building can detract from the quality of surrounding properties. Efficient delivery and
trash areas are important to the function of alleyways, The following standards shall
apply:
1. A utility, trash, and recycle service area shall be accommodated along the alley
meeting the minimum standards established by Section 26.575.060
Ordinance No.5, Series of2005
Page 8 of 16
COMPONENTS OF AMENDMENT:
"Open Space:" The City has required 25% of each
parcel downtown remain undeveloped since the mid
1970's. This quantitative requirement has resulted in
some great urban spaces, such as the area in front of
Paradise Bakery and in front of Zele Coffe Shop. It has
also created many leftover spaces that detract from the
continuity of the retail district The goal of a vital,
pleasant pedestrian environment is to provide not only a
sufficient quantity of public space, but areas of high
quality as well. Simply requiring all development to
leave 25% of the parcel undeveloped does not address
the qualities that make spaces great or make downtown great
The philosophy of a Pedestrian Amenity requirement is that the
benefits of a project do not have to be limited to the parcel on
which it is developed; the project can improve the district as a
whole.
Good Pedestrian Space
The proposal maintains a 25% requirement but allows multiple
ways in which this requirement can be met - on-site amenity, off-
site amenity, or through a cash-in-lieu which the City could use to
improve the downtown. The City (P&Z or HPC, depending on
the nature of the project) chooses the method in which a
developer provides this amenity, thereby allowing the flexibility
to focus on truly great opportunities,
Not-sa-Good
Pedestrian Space
To incentivize projects that bring vitality to the downtown, the percentage can be
lessened to the point that no less then half the 25% requirement is provided, For
redevelopment of a site in which no, or little, pedestrian space currently exists, a
minimum of 10% of the parcel is required, These two provisions were requested by
City Council during work sessions on this matter.
Mechanics of the two code sections: Commercial Design Review is a new section of
the Land Use Code that replaces, and expands upon, the subjective "design quality"
review of Growth Management scoring. Because the Pedestrian Amenity section is
proposed as a qualitative review and in order to maintain a "city-choice," this section
also requires a review process. Staff has incorporated the review for Pedestrian
Amenity into the new Commercial Design Review section. Because these two
sections work in tandem, staff has included them in the same ordinance.
City Choice: During work sessions on this topic, City Council wanted to maintain a
choice in determining how the Pedestrian Amenity requirement would be met for
each project The proposal allows the Planning and Zoning Commission to select the
method. In cases where HPC is already required to review the project, the developer
2
could consolidate the review with HPC. This was added to prevent two opposing
Board decisions on one project
Combining Reviews: The Planning Commission recommended the Commercial
Design Review occur with the P&Z. HPC believes many of the standards address
criteria of the standard HPC review. Staff believes there is potential for a developer
to get two conflicting approvals. For example: An HPC project can take many
months of HPC review for Conceptual approval, starting with one or more work
sessions and typically two or three public hearings. If the project then proceeded to
P&Z for Commercial Design Review, the basic make-up of the project could be
drastically changed leaving the applicant in a quandary as to which Board's direction
to follow,
The City's Land Use Code is complex and the potential for conflicting direction is
high, In the 1999 re-write of the Land Use Code, the City included a provision
allowing for the consolidation of reviews to maintain clarity, Such a consolidation is
at the discretion of the Community Development Director, in consultation with the
Applicant, and maintains all the established review criteria and noticing procedures.
This ability to combine reviews has greatly improved the City's development review
process. Prior to 1999, conflicting approvals were common.
Staff is proposing the ability to consolidate Commercial Design Review with other
reviews, This would likely occur when a project is within a historic district and
subject to HPC review, It could also occur when a project is being processed as a
PUD subject to Council approval, in which case the review could be combined with
Council's PUD review,
Council Call-Up Procedure: During work sessions on this topic, Council expressed
some interest in having oversight of this review, Staff does not recommend this
review rest with Council. This type of development review should rest with a
development review board that is already reviewing the project and is familiar with its
intimate details.
However, staff has included a mandatory noticing process and the ability for Council
to "call-up" a decision. This will keep Council informed of new projects and permit
it to review a specific project without requiring that all projects be reviewed at a
Council level. This is modeled on the HPC review process. There is also an appeal
process for aggrieved applicants,
Utility/Trash/Recycle Service Area Amendment: This is essentially a "clean-up" of
existing language, with one exception. The area requirement for utilities and trash
has been 15 linear feet Staff added recycling to this list of service space needs and
upped the requirement to 20 linear feet For small parcels (3,000 square feet or less)
the requirement remains 15 linear feet
3
CITY MANAGER'S COMMENTS:
(J~,,-....9 ~>
RECOMMENDED MOTION:
"I move to approve Ordinance No, 5, Series of2005."
ATTACHMENTS:
A - Review Criteria
B - Council Wark Session Summary
C - Excerpt from 2001 Infill Report
4
ORDINANCE NO.5
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.412-
COMMERCIAL DESIGN REVIEW, SECTION 26.575.030 - PEDESTRIAN
AMENITY, AND SECTION 26.575.060 - UTILITYffRASHIRECYCLE SERVICE
AREA OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Intill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
· intensification of land uses within the traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city,
· retention of existing commercial and lodging uses,
· increased vitality of the downtown retail environment.
· rejuvenation of aging commercial properties.
. development of mixed-use buildings with housing opportunities for locals,
· revisions to, or elimination of, identified barriers to successful infill development
such as the costs of development exactions, growth management penalties tor
redeveloping buildings, and the length and uncertainty of approval processes.
· revisions to the strategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development.
· balance between the community and the resort aspects of Aspen,
· sustainability of the local social and economic conditions,
· The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Sections of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.412 - Commercial Design Review
26,575.030 - Pedestrian Amenity
Ordinance No.5, Series of2005
Page I of 16
26.575,060 - Utility/Trash/Recycle Service Area; and,
WHEREAS, pursuant to Section 26,310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on
September 3, 2002, continued to September 17, 2002, continued to September 24, 2002,
continued to October I, 2002, continued to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued to
November 5, 2002, continued to November 12,2002, continued to November 19, 2002,
continued to November 26, 2002, continued to December 10, 2002, and continued to
December 17, 2002, took and considered public testimony at each of the aforementioned
hearing dates and the recommendation of the Community Development Director and
recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments
to the land use code by amending the text of the above noted Chapters and Sections of the
Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Chapter 26.412, Commercial Design Review, which Chapter describes process and
criteria for reviewing the design of commercial, lodging, and mixed-use buildings, shall
read as follows:
26.412
COMMERCIAL DESIGN REVIEW
26.412.010 Purpose.
26.412.020 Authority.
Ordinance No.5, Series of2005
Page 2 of 16
26.412.030
26.412.040
26.412.050
26.412.060
26.412.070
26.412.080
26.412.090
Applicability .
Procedure
Review Criteria.
Commercial Design Standards.
Suggested Design Elements.
Amendment of Commercial Design Review Approval.
Appeals
26.412.010 Purpose,
The purpose of Commercial Design Review is to preserve and foster proper commercial
district scale and character, and to ensure that Aspen's commercial areas and streetscapes
are public places conducive to walking. The review standards do not prescribe
architectural style, but do require certain building elements contribute to the streetscape,
The character of Aspen's commercial district is largely established by the variety of uses
and the relationship between front facades of buildings and the streets they face, By
requiring certain building elements to be incorporated in the design of new and
remodeled buildings, storefronts are more appealing and can contribute to a well-
designed, exciting commercial district
Accommodation of the automobile within commercial districts is important to the
consistency and quality of pedestrian streetscapes, The standards prescribe certain
methods of accommodating on-site parking to achieve environments conducive to
walking.
Acknowledgement of the context that has been established by the existing built
environment is important to protecting the uniqueness of the town. To achieve
compatibility, certain standards require building elements to be influenced by adjoining
development, views, pedestrian malls, or sun angles,
Finally, along with creating architecturally interesting and lively primary streets, the
pedestrian nature of downtown can be further enhanced by making alleys an attractive
place to walk. Store entrances and display windows along alleyways are encouraged to
augment, while not detracting from, the pedestrian interest of primary streets,
26.412.020 Authority.
The Planning and Zoning Commission, in accordance with the procedures, standards, and
limitations of this Chapter and of Common Development Review Procedures, Section
26.304, shall approve, approve with conditions, or disapprove a land use application for
Commercial Design Review, pursuant to Section 26.412.050, Review Criteria.
If the land use application is subject to review by the Historic Preservation Commission
and the application has been approved for a combined review process, pursuant to
Section 26.304.060.B - Combined Reviews, the Historic Preservation Commission shall
approve, approve with conditions, or disapprove the land use application for Commercial
Design Review, pursuant to Section 26.412,050, Review Criteria,
Ordinance No, 5, Series of 2005
Page 3 of 16
26.412.030 Applicability, This section applies to all commercial, lodging, and mixed-
used development with a commercial component, within the City of Aspen requiring a
building permit.
Applications for commercial development may be exempted from the provisions of this
section by the Community Development Director if the development is:
I. An addition or remodel of an existing structure that either does not change the
exterior of the building or, in the opinion of the Community Development
Director, changes the exterior in such a minimal manner as to not justify this
reVIew,
2. A remodel of a structure where proposed alterations affect aspects of the exterior
of the building not addressed by the Commercial Design Standards of Section
26.412,060.
3, A development activity not subject to any other reviews requiring approval by
either the Planning and Zoning Commission or the Historic Preservation
Commission.
26.412.040 Procedure
A. Pre-Application.
Pursuant to Section 26,304,020, Pre-Application Conference, Applicants are
encouraged to meet with a City Planner of the Community Development Department
to clarify the requirements of this section and to determine if a project may be
exempted from the provisions of this section. This step is not mandatory.
B. Application.
A development application for Commercial Design Review shall include the requisite
information and materials, pursuant to Section 26.304.030, In addition, the
application shall include scaled floor plans and elevations for the proposed
development. The Community Development Director, at his/her own discretion, may
require additional submission materials according to the complexity of the
development proposal. The application shall be submitted to the Community
Development Department along with any requisite review fees,
C. Community Development Director Review.
The Community Development Director shall review the proposed development in
accordance with Section 26.304, Common Development Review Procedures, and in
relation to Section 26.412,050, Review Criteria, and Section 26.412.060, Commercial
Design Standards.
D. Planning and Zoning Commission Review.
Applications for Commercial Design Review shall be forwarded to the Planning and
Zoning Commission along with a recommendation by the Community Development
Director. If the application is subject to review by the Historic Preservation
Commission and has been approved for a combined review process, pursuant to
Section 26.304,060,8 - Combined Reviews, the application shall be forwarded to the
Ordinance No.5, Series 01'2005
Page 4 of 16
Historic Preservation Commission along with a recommendation from the
Community Development Director.
The Planning and Zoning Commission or Historic Preservation Commission, as
applicable, shall review the proposed development, at a public hearing in accordance
with Section 26.304, Common Development Review Procedures, and approve,
approve with conditions, or deny the application based on the criteria of Section
26.412.050, Review Criteria, and Section 26.412,060, Commercial Design Standards,
Public notice for the public hearing shall be provided by publication, posting, and
mailing, (See Section 26J04,060(E)(3)(a), (b), and (c).)
E. Notice to City Council and Call-Up
I. Notice to City CounciL Following the adoption of a resolution approving or
approving with conditions a development application for Commercial Design
Review, City Council shall be promptly notified of the action to allow the City
Council an opportunity to avail itself of the Call-Up procedure set forth below,
Notification shall consist of a description in written and graphic form of the project
with a copy of the approving document. Also see appeal procedures, Section
26.412,090.
2. Call-Up. Following the adoption of a resolution approving or approving with
conditions a development application for Commercial Design Review, the City
Council may order call-up of the action within thirty (30) days of the decision, action
or determination. Consequently no associated permits can be issued during the thirty
(30) day call-up period. If City Council does not call-up the action within the call-up
period, the resolution shall be the final decision on the matter.
3. City Council action on call UP, The City Council shall consider the application on
the record established before the Planning and Zoning Commission or Historic
Preservation Commission, as applicable, The City Council shall affirm the decision of
the Commission unless there is a finding that there was a denial of due process, or the
Commission exceeded its jurisdiction or abused its discretion. The City Council shall
take such action as is deemed necessary to remedy said situation, including, but not
limited to:
a, Reversing the decision,
b. Altering the conditions of approvaL
c. Remanding the application to the Commission for rehearing,
26.412.050 Review Criteria.
An application for Commercial Design Review may be approved, approved with
conditions, or denied based on conformance with the following criteria:
I. The proposed development meets the requirements of Section 26.412.060,
Commercial Design Standards or any deviation from the Standards provides a
more-appealing pattern of development considering the context in which the
development is proposed and the purpose of the particular standard. Unique site
Ordinance No.5, Series of2005
Page 5 of 16
constraints can justify a deviation from the Standards. Compliance with Section
26.412,070, Suggested Design Elements, is not required but may be used to
justify a deviation from the Standards.
2, For proposed development converting an existing structure to commercial use, the
proposed development meets the requirements of Section 26.412,060,
Commercial Design Standards, to the greatest extent practical. Amendments to
the fayade of the building may be required to comply with this section,
3, For properties listed on the Inventory of Historic Sites and Structures or located
within a Historic District, the proposed development has received Conceptual
Development Plan approval from the Historic Preservation Commission, pursuant
to Chapter 26.415. This criterion shall not apply if the development activity does
not require review by the Historic Preservation Commission.
26.412.060 Commercial Design Standards. The following design standards shall
apply to commercial, lodging, and mixed-use development:
A. Building Relationship to Primary Street.
A street wall is comprised of buildings facing principal streets and public pedestrian
spaces, Consistent street walls provide a sense of a coherent district and frame an
outdoor room. Interruptions in this enclosure can lessen the quality of a commercial
street Corner buildings are especially important, in that they are more visible and their
scale and proportion affects the street walls of two streets. Well-designed and located
pedestrian open spaces can positively affect the quality of the district, while remnant or
leftover spaces can detract from the downtown. A building's relationship to the street is
entirely important to the quality of the downtown pedestrian environment Split-level
retail and large vertical separations from the sidewalk can disrupt the coherence of a retail
district The following standards shall apply:
I, Building facades shall be parallel to the adjoining primary streets, Minor
elements of the building fayade may be developed at irregular angles,
2, Building facades along primary streets shall be setback no more than the average
setback of the adjoining buildings and no less than the minimum requirement of
the particular zone district Exempt from this provision are building setbacks
accommodating On-Site Pedestrian Amenity, pursuant to Section 26.575.030,
3, Building facades along primary streets shall maintain a consistent setback on the
first and second story,
4. Commercial buildings shall be developed with the first floor at, or within two (2)
feet above, the level of the adjoining sidewalk, or right-of-way if no sidewalk
exists, "Split-level" retail frontage is prohibited.
5, Commercial buildings incorporating a setback from a primary street shall not
incorporate a substantial grade change between the building fayade and the public
right-of-way. "Moats" surrounding buildings are prohibited,
Ordinance No.5, Series of2005
Page 6 of 16
B. Pedestrian Amenity Space.
Creative, well-designed public places and settings contribute to an attractive, exciting,
and vital downtown retail district and a pleasant pedestrian shopping and entertainment
atmosphere. Pedestrian amenity can take the form of physical or operational
improvements to public rights-of-way or private property within commercial areas,
On parcels required to provide pedestrian amenity, pursuant to Section 26.575.030 -
Pedestrian Amenity, the following standards shall apply to the provision of such amenity,
Acceptance of the method or combination of methods of providing the Pedestrian
Amenity shall be at the option of the Planning and Zoning Commission, or the Historic
Preservation Commission as applicable, according to the procedures herein and according
to the following standards:
I. The dimensions of any proposed on-site pedestrian amenity sufficiently allow for
a variety of uses and activities to occur considering any expected tenant and
future potential tenants and uses.
2. The pedestrian amenity contributes to an active street vitality, To accomplish this
characteristic, public seating, outdoor restaurant seating or similar active uses,
shade trees, solar access, view orientation, and simple at-grade relationships with
adjacent rights-of-way are encouraged,
3, The pedestrian amenity, and the design and operating characteristics of adjacent
structures, rights-of-way, and uses, contributes to an inviting pedestrian
environment.
4, The proposed amenity does not duplicate existing pedestrian space created by
malls, sidewalks, or adjacent property, or such duplication does not detract from
the pedestrian environment.
5, Any variation to the Design and Operational Standards for Pedestrian Amenity,
Section 26.575,030(F) promote the purpose of the pedestrian amenity
requirements,
6, The Planning and Zoning Commission or Historic Preservation Commission, as
applicable, may reduce the pedestrian amenity requirement by any amount, such
that no more than half the requirement is waived, as an incentive for well-
designed projects having a positive contribution to the pedestrian environment.
The resulting requirement may not be less than 10%, On-site provision shall not
be required for a reduction in the requirement. A mix of uses within the proposed
building that enliven the surrounding pedestrian environment may be considered.
C. Street-Level Building Elements.
The "storefront," or street-level portion of a commercial building is perhaps the single
most important element of a commercial district building. Effective storefront design can
make an entire district inviting and pedestrian friendly. Unappealing storefront design
can become a detriment to the vitality of a commercial district. In order to be an effective
facility for the sale of goods and services, the storefront has traditionally been used as a
tool to present those goods and services to the passing pedestrian (potential customer),
Because of this function, the storefront has traditionally been as transparent as possible to
allow maximum visibility to the interior. The following standards shall apply:
Ordinance No, 5, Series of2005
Page 7 of 16
Utility/Trash/Recycle Service Areas, unless otherwise established according to
said section,
2. All utility service pedestals shall be located on private property and along the
alley. Easements shall allow for service provider access. Encroachments into the
alleyway shall be minimized to the extent practical and should only be necessary
when existing site conditions, such as a historic resource, dictate such
encroachment. All encroachments shall be properly licensed.
3. Delivery service areas shall be incorporated along the alley. Any truck loading
facility shall be an integral component of the building, Shared facilities are highly
encouraged.
4, Mechanical exhaust, including parking garage ventilation, shall be vented through
the roof The exhaust equipment shall be located as far away from the Street as
practical.
5. Mechanical ventilation equipment and ducting shall be accommodated internally
within the building and/or located on the roof, minimized to the extent practical
and recessed behind a parapet wall or other screening device such that it shall not
be visible from a public right-of-way at a pedestrian level. New buildings shall
reserve adequate space for future ventilation and ducting needs,
26.412.070 Suggested Design Elements. The following guidelines are building
practices suggested by the City, but are not mandatory. In many circumstances,
compliance with these practices may not produce the most-desired development and
project designers should use their best judgment
A, Sif!naf!e:
Signage should be integrated with the building to the extent possible. Integrated
signage areas already meeting the City's requirements for size, etc, may minimize
new tenant signage compliance issues, Common tenant listing areas also serves a
public wayfinding function, especially for oflice uses. Signs should not block design
details of the building on which they are placed. Compliance with the City's sign
code is mandatory,
B. Displav windows:
Display windows provide pedestrian interest and can contribute to the success of the
retail space, Providing windows that reveal inside activity of the store can provide
this pedestrian interest
C Lizhtinz:
Well-lit (meaning quality, not quantity) display windows along the first floor create
pedestrian interest after business hours. Dynamic lighting methods designed to catch
attention can cheapen the quality of the downtown retail environment Illuminating
certain important building elements can provide an interesting effect Significant light
trespass should be avoided, Illuminating the entire building should be avoided,
Compliance with the City's Outdoor Lighting code, Section 26,575.050, is
mandatory,
Ordinance No, 5, Series of2005
Page 9 of 16
D Oril!inal Townsite Articulation:
Buildings spanning more than one Original Townsite Lot should incorporate fayade
expressions coincidental with these original parcel boundaries to reinforce historic
scale. This may be inappropriate in some circumstances, such as on large corner lots,
E Architectural Features:
Parapet walls should be used to shield mechanical equipment from pedestrian views.
Aligning cornices and other architectural features with adjacent buildings can relate
new buildings to their historical surroundings, Awnings and canopies can be used to
provide architectural interest and shield windows and entryways from the elements,
26.412.080 Amendment of Commercial Design Review Approval.
A. Insubstantial Amendment.
An insubstantial amendment to a Commercial Design Review approval may be
authorized by the Community Development Director if:
I. The change is in conformance with the Design Standards, Section 26.412,060, the
change represents a minimal affect on the aesthetics of the proposed development, or
the change is consistent with representations made during the original review
concerning potential changes of the development proposal considered appropriate by
the decision-making body; and,
2, The change requires no other land use action requiring review by the Planning and
Zoning Commission,
B. Other Amendments.
All other amendments to a Commercial Design Review approval shall be reviewed
pursuant to the standards and procedures of this Section.
26.412.090 Appeals.
An applicant aggrieved by a determination made by the Planning and Zoning
Commission, or the Historic Preservation Commission as applicable, pursuant to this
Chapter, may appeal the decision to the City Council, pursuant to the procedures and
standards of Section 26.316, Appeals.
Section 2:
Section 26,575,030, Pedestrian Amenity, which section authorizes, describes, and
regulates requirements for development to provide pedestrian amenities, shall
read as follows:
26.575.030 Pedestrian Amenity
A. Purpose. The City of Aspen seeks a vital, pleasant downtown pedestrian
environment Pedestrian Amenity contributes to an attractive downtown retail district by
creating public places and settings conducive to an exciting pedestrian shopping and
entertainment atmosphere. Pedestrian amenity can take the form of physical or
operational improvements to public rights-of-way or private property within commercial
Ordinance No, 5, Series of2005
Page 10 of 16
areas, Pedestrian Amenity provided on the subject development site is referred to as On-
Site Pedestrian Amenity in this section.
B. Applicability and Requirement. The requirements of this Section shall apply to
the development of all land within the area bounded by Main Street, Original Street,
Dean Street, and Aspen Street. This area represents Aspen's primary pedestrian-oriented
commercial district. The linear extension of the centerline of these streets shall be used
to determine the boundary in instances where these streets are not developed or do not
connect. Whenever a parcel straddles this boundary, the requirement shall be lessened
proportionately (based on land area) for that parcel.
Twenty-five (25) percent of each parcel within the applicable area shall be provided as
Pedestrian Amenity. For redevelopment of parcels on which less than this twenty-five
(25) percent currently exists, the existing (prior to redevelopment) percentage shall be the
effective requirement provided no less than ten (10) percent is required, For
redevelopment of parcels in which ten (10) percent of the parcel is the requirement,
provision of a cash-in-lieu payment shall be automatically permitted with no further
review.
Exempt from these provisions shall be development consisting entirely of residential
uses. Also exempt from these provisions shall be the redevelopment of parcels where no
on-site pedestrian amenity currently exists, provided the redevelopment is limited to
replacing the building in its same dimensions as measured by footprint, height, and floor
area.
C. Provision of Pedestrian Amenity.
The Planning and Zoning Commission, pursuant to the review procedures and criteria of
Section 26.412 - Commercial Design Review, shall determine the appropriate method or
combination of methods for providing this required amenity. Any combination of the
following methods may be used such that the standard is reached.
I, On-Site Provision of Pedestrian Amenitv, A portion of the parcel designed in a
manner meeting the Design and Operational Standards for On-Site Pedestrian
Amenity, Section 26.575,030(C), The Planning and Zoning Commission shall
review the site plan, pursuant to section 26.412, Commercial Design Review,
2, OUO-Site Provision of Pedestrian Amenitv. Proposed pedestrian amenities and
improvements to the pedestrian environment within proximity of the development
site may be approved by the Planning and Zoning Commission, pursuant to
Section 26.412 - Commercial Design Review, These may be improvements to
private property, public property, or public rights-of-way. An easement providing
public access over an existing public amenity space for which no easement exists
may be accepted if such easement provides permanent public access and is
acceptable to the City Attorney. Off-Site improvements shall equal or exceed the
value of an otherwise required cash-in-lieu payment and be consistent with any
public infrastructure or capital improvement plan for that area.
3, Cash-in-lieu Provision. The Planning and Zoning Commission, pursuant to
Section 26.412 - Commercial Design Review, may accept a cash-in-lieu payment
Ordinance No.5, Series of2005
Page II of 16
for any portion of required pedestrian amenity not otherwise physically provided,
according to the procedures and limitations of Section 26.575,030.E, Cash-in-
Lieu Payment.
4, Alternative Method. The Planning and Zoning Commission, pursuant to Section
26.412 - Commercial Design Review, may accept any method of providing
Pedestrian Amenity not otherwise described herein if the Commission finds that
such method equals or exceeds the value, which may be non-monetary
community value, of an otherwise required cash-in-lieu payment.
D. Reduction of Requirement. The Planning and Zoning Commission, or Historic
Preservation Commission as applicable, pursuant to the procedures and criteria of Section
26.412 - Commercial Design Review - may reduce the pedestrian amenity requirement
by any amount, such that no more than half the requirement is waived, as an incentive for
well-designed projects having a positive contribution to the pedestrian environment. The
resulting requirement may not be less than 10%,
The Historic Preservation Commission may reduce by any amount the requirements of
this section for Historic Landmark properties upon one of the following circumstances:
1, When the Historic Preservation Commission approves the on-site relocation of a
Historic Landmark such that the amount of on-site pedestrian space is reduced
below that required by this Chapter.
2, When the manner in which a Historic Landmark building was originally
developed reduces the amount of on-site pedestrian amenity required by this
Chapter.
3. When the redevelopment or expansion of a Historic Landmark constitutes an
exemplary preservation effort deserving of an incentive or reward,
E. Payment in lieu. When the method of providing pedestrian amenity includes a
cash-in-lieu payment, the following provisions and limitations shall apply:
Formula for determining cash-in-lieu payment:
Payment [Land Value] x [Pedestrian Amenity Percentage]
Where: Land Value = Value of the unimproved land.
Pedestrian Amenity Percentage = Percent of the parcel required
to be provided as a pedestrian amenity, pursuant to Section
26.575.030(B) lessened by other methods of providing the
amenity,
Land Value shall be the lesser of fifty (50) dollars per square foot multiplied by
the number of square feet constituting the parcel or the appraised value of the
unimproved property, determined by the submission of a current appraisal
performed by a qualified professional real estate appraiser and verified by the
Community Development Director. An applicant may only waive the current
appraisal requirement by accepting the fifty (50) dollar per square foot standard.
Ordinance No, 5, Series of2005
Page 12 of 16
Acceptance of a cash-in-lieu of Pedestrian Amenity shall be at the option of the
Planning and Zoning Commission, or the Historic Preservation Commission as
applicable, pursuant to Section 26.412 - Commercial Design Review. The
payment-in-lieu of pedestrian amenity shall be due and payable at the time of
issuance of a building permit. The City Manager, upon request, may allow the
required payment-in-lieu to be amortized in equal payments over a period of up to
five years, with or without interest.
All funds shall be collected by the Community Development Director and
transferred to the Finance Director for deposit in a separate interest bearing
account. Monies in the account shall be used solely for the purchase,
development, or capital improvement of land or public rights-of~way for open
space, pedestrian amenity, or recreational purposes within or adjacent to the
applicable area in which this requirement applies. Funds may be used to acquire
public use easements,
Fees collected pursuant to this section may be returned to the then present owner
of property for which a fee was paid, including any interest earned, if the fees
have not been spent within seven (7) years from the date fees were paid, unless
the City Council shall have earmarked the funds for expenditure on a specific
project, in which case the City Council may extend the time period by up to three
(3) more years. To obtain a refund, the present owner must submit a petition to
the Finance Director within one (I) year following the end of the seventh (7th)
year from the date payment was received.
For the purpose of this section, payments shall be spent in the order in which they
are received. Any payment made for a project for which a building permit is
canceled, due to non-commencement of construction, may be refunded if a
petition for refund is submitted to the finance director within three (3) months of
the date of the cancellation of the building permit. All petitions shall be
accompanied by a notarized, sworn statement that the petitioner is the current
owner of the property and by a copy of the dated receipt issued for payment of the
fee,
F. Design and Operational Standards for Pedestrian Amenity. Pedestrian amenity,
on all privately-owned land in which pedestrian amenity is required, shall comply
with the following provisions and limitations:
I, Oven to View, Pedestrian amenity areas shall be open to view from the street at
pedestrian level, which view need not be measured at right angles.
2, Oven to Skv, Pedestrian amenity areas shall be open to the sky. Temporary and
seasonal coverings, such as umbrellas and retractable canopies are permitted.
Such non-permanent structures shall not be considered as floor area or a reduction
in pedestrian amenity on the parcel.
Trellis structures shall only be permitted in conjunction with commercial
restaurant uses on a designated Historic Landmark or within (H) Historic overlay
zones and must be approved pursuant to review requirements contained in
Ordinance No, 5, Series of2005
Page 13 of 16
Chapter 26.4 15 - Development Involving the Aspen Inventory of Historic
Landmark Sites and Structures or Development within a Historic District. Such
approved structures shall not be considered as floor area or a reduction in
pedestrian space on the parceL
3. No Walls/Enclosures, Pedestrian amenity areas shall not be enclosed. Temporary
structures, tents, air exchange entries, plastic canopy walls, and similar devices
designed to enclose the space are prohibited, unless approved as a temporary use,
pursuant to Section 26.450. Low fences or walls shall only be permitted within or
around the perimeter of pedestrian space if such structures shall permit views
from the street into and throughout the pedestrian space.
4, Prohihited Uses, Pedestrian amenity areas shall not be used as storage areas,
utilityltrash service areas, delivery area, parking areas or contain structures of any
type, except as specifically provided for herein. Vacated rights-of-way shall be
excluded from pedestrian amenity calculations.
5. Grade Limitations, Required pedestrian amenity shall not be more than four (4)
feet above or two (2) feet below the existing grade of the street or sidewalk which
abuts the pedestrian space, unless the pedestrian amenity space shall follow
undisturbed natural grade, in which case there shall be no limit on the extent to
which it is above or below the existing grade of the street.
6, Pedestrian Links, In the event that the City of Aspen shall have adopted a trail
plan incorporating mid-block pedestrian links, any required pedestrian space
must, if the city shall so elect, be applied and dedicated for such use.
7, Landscavini! Plan, Prior to issuance of a building permit, the Community
Development Director shall require site plans and drawings of any required
pedestrian amenity area, including a landscaping plan, and a bond in a satisfactory
form and amount to insure compliance with any pedestrian amenity requirements
under this title.
8. Maintenance of Landscaving, Whenever the landscaping required herein is not
maintained, the Chief Building Official, after thirty (30) days written notice to the
owner or occupant of the property, may revoke the certificate of occupancy until
said party complies with the landscaping requirements of this section,
9, Commercial Activitv. No area of a building site designated as required pedestrian
amenity space under this section shall be used for any commercial activity,
including, but not limited to, the storage, display, and merchandising of goods and
services; provided, however, that the prohibition of this subsection shall not apply
when such use is in conjunction with permitted commercial activity on an
abutting right-of-way or is otherwise permitted by the City, For outdoor food
vending in the Commercial Core District, also see Section 26.470,040(B)(3),
Administrative Growth Management Review.
10, Commercial Restaurant Use, The provisions above notwithstanding, required
pedestrian amenity space may be used for commercial restaurant use if adequate
pedestrian and emergency vehicle access is maintained.
Ordinance No, 5, Series 01'2005
Page 14 of 16
Section 3:
Section 26.575,060, Utility/Trash/Recycle Service Areas, which section describes
requirements to provide areas within a lot for the purpose of housing utility, trash,
and recycling facilities, shall read as follows:
26.575.060 Utilityffrash/RecycIe Service Areas.
A. General. The following provisions shall apply to all utility/trash service areas:
I. If the property adjoins an alleyway, the utility/trash/recycle service area shall
be along and accessed from the alleyway. Unless entirely located on an
alleyway, all utility/trash service areas shall be fenced so as not to be visible
from the street, and such fences shall be six (6) feet high from grade, All
fences shall be of sound construction and shall be no less than 90% opaque.
2, Whenever this Title shall require that an utility/trash/recycle service area be
provided abutting an alley. buildings may extend to the rear property line if
otherwise allowed by this title provided that an open area is provided which
shall be accessible to the alley, and which meets the dimensional requirements
ofthis section,
3, A minimum of twenty (20) linear feet of the utility/trash service area shall be
reserved for box storage, utility transformers or equipment, building access,
and trash and recycling facilities. For properties with 30 feet, or less, of alley
frontage, this requirement shall be fifteen (15) linear feet For properties with
no alley access, no requirement shall apply. The required area shall have a
minimum vertical clearance of 10 feet and a minimum depth of 10 feet at
ground leveL The required area shall not be used for required parking or as
vehicular access to a parking area,
4. The Planning and Zoning Commission may reduce the required dimensions of
this area by special review (see Chapter 26.430) and in accordance with the
standards set forth below at Section 26.575,060(8).
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Ordinance No,S, Series of2005
Page IS of 16
Section 7:
A public hearing on the Ordinance was held on the 28t11 day of February, 2005, 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 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 IOlh of January, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FIN ALLY, adopted, passed and approved this _ day of
,2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. K1anderud, Mayor
Approved as to form:
City Attorney
C: \home\infi lI\Com_ Design \ComDesignPedAmen-Ord,doc
Ordinance No,S, Series of2005
Page 16 of 16
Exhibit A
Code Amendments: Commercial Design Review
Pedestrian Amenity
Utility/Trash/Recycle Service Area
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendments encourage the development and redevelopment of
commercial and mixed-use buildings to be of higher quality design, Review standards
have been incorporated to enable the P&Z or HPC to adequately concentrate on the basic
elements of design that typically result in successful mixed-use buildings. A city-choice
program for pedestrian amenity will allow the City to choose whether the open space
requirement is met on-site or through other means of improving the district. The utility
space requirement has been increased to account for recycling activities that typically
occur along the alleyway, No aspect of the proposed code amendment is in conflict with
other portions of the Municipal Code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan,
Staff Finding:
Staff believes these changes to the Land Use Code are supported by the AACP, There are
many references to design quality and ensuring new development is compatible with
existing development. These code amendments provide for public input and provide
basic design standards to achieve high-quality development.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics.
Staff Finding:
This amendment does not affect the location of the commercial and mixed-use districts in
which it will be effective. Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety,
Staff Finding:
The proposed code amendments are not expected to have any affect on traffic patterns or
demand, The utility/trash amendment is intended to require sufficient amount of land
reservation for the necessary utilitarian functions of a building to occur along the
alleyways. This should provide for fewer conflicts in the alleyways from new
staff comments - Com DesignlPed. Amenity. page I
development. Staff does not believe the amendments represent any safety issues on local
roads,
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities,
Staff Finding;
Staff does not expect any utility or infrastructure demands to change as a result of these
amendments,
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment
Staff Finding;
The amendments are essentially aesthetic reviews and are not expected to have an effect
on the natural environment. The utility area increase may provide for easier recycling
opportunities but no major change is expected in the participation rate of recycling
programs as a result of the code amendment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen,
Staff Finding;
The amendments provide a process for reviewing new commercial and mixed-use
development to ensure new development and major remodels are compatible with the
character of existing development. This type of review process is already in place for
projects within the Historic Districts and projects seeking Growth Management
Allotments, Staff believes these amendment are consistent with the community character.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment
Staff Finding;
The proposed amendment is not specific to one parceL Staff believes this criterion does
not apply,
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.
Staff Finding;
This proposed amendment does not pose any conflicts with the public interest. The
AACP reflects a community desire for new development to be compatible with existing
development and to be of a high quality design. These code amendment will address
infill development and significant remodels and ensure that basic design principles are
followed and that public participation is achieved. Staff believes this Ordinance will
promote the purpose and intent of this Title.
staff comments ~ Com Design/Ped, Amenity, page 2
.G4ibit- f,
...
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
MEETING DATE:
July 19 & 20, 2004
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
SUMMARY OF DISCUSSION:
The purpose of the work session was to review the regulatory barriers to reinvestment in
commercial properties and how the City should address these barriers, Below are the topics
discussed and the resolution to each:
Previouslv Resolved Items:
Redevelopment projects should be permitted a creditfor their existing development. The City's
code permits the replacement of commercial square footage after demolition only if the project
mitigates for affordable housing as if nothing existed there before - no credit This replacement
penalty is a significant barrier to redevelopment and removing it is a consistent theme of the infill
discussions, This redevelopment credit idea was implemented a few years ago in the Lodge
Preservation Program and has produced some positive activity. Providing this credit is similar to
the City's approach on Lodging development Rachel expressed some interest in still requiring
some level of mitigation. This was not echoed by other Council members,
Pedestrian Amenity cash-in-lieu uses should not be broadened to include purchase of open
space viewable from downtown. Staff recommended against this route. The reason for requiring
this space is to enhance the pedestrian environment and cash-in-lieu monies should be used to
directly affect this goal and not diverted to other community issues. This is especially important
in light of the City's recent analysis of downtown and a desire to implement improvements with
no funding source, There was not sufficient Council interest in pursuing this option,
Off-site affordable housing mitigation should be approved by P&Z while off-site, outside the
city limits should only be approved by City Council. This outside the city issue also was raised
by Council during lodging discussions with the preference being to permit such mitigation with
approvals from City Council.
I
Items Resolved in Work Session:
Pedestrian Amenitv:
Should the requirement be 20% or 25% of each lot? Council decided on keeping thl
standard at 25% with the ability for P&Z to lower the requirement to reward exceptional projects,
P&Z's criteria for exceptional should include consideration of the projects mix of uses and how
that mix contributes to an active downtown.
Question: Should redevelopment of lots where no (or less than required) space is
currently provided be required to provide Pedestrian Amenity? Council decided to fully
exempt projects that are merely replacing and existing building. If the project is expanding
through redevelopment, a 10% requirement would apply which could automatically be able to
pay the cash-in-lieu.
Question: Should the City permit outdoor merchandising in required open space?
Council decided to keep this item it in the realm of the Downtown Catalyst and not address it
through infill code amendments,
Note: Commercial design and Pedestrian Amenity sections are complete and ready to come
forward as ordinances.
Free-Market / Affordable Housinf! Mix.
Question: Should the mitigation requirement for free-market residential development
within mixed-use buildings be amended to be 60% of the free-market FAR for on-site
mitigation and 100% of the free-market FAR? Council directed staff to further analyze the
proper AH/FM mix,
Landin!! Historic TDRs
Question: Should the TDR Program be expanded to the Commercial Zones? Council
decided to not pursue a TDR program in commercial zones at this time.
Affordable Housinf! Mitif!ation TDR.
Question: Is City Council interested in staff exploring a transferable employee mitigation
system? Council decided to not pursue this idea in the infill code amendments. This idea should
instead be forwarded to the Housing Authority and Board to see if it should be pursued,
2
Parkint!:
Parking questions were not addressed. Rather, Council wanted these questions to be
included in the August 3rd Transportation work session.
Commercial Core and Commercial] Districts.
Council decided to provide a height limit of 42 feet, measured at the full extent of the roof Staff
will research some ability to provide flexibility for modest increases to accommodate rooflines
internal to a project that are not visible from the street level. This would likely be a review done
by HPC as they already must review the design of each building.
Council agreed to a 42-foot height for flat roofs and 38 feet for midpoint of pitched roofs in the
C I zone, Staff will also carry this dual height limit into the Lodge district
Question: Is Council interested in landing TDRs in these two zones? Should they
provide for additional height? What level of review should be required? (These are the
same questions as in the TDR section above.) Council decided against a TDR system in the
Commercial Zones,
Mixed-Use Zone (Main Street).
Question: Is Council comfortable with this dual height regulation - 25 feet for single-
family and duplex with either 30 or 32 for lodging, multi-family, and mixed-use? Council
accepted a 32 foot height for this zone
Question: Should the single-family and duplex FAR allowance be reduced to 80% of the
R6 schedule? Council did not address this issue,
Nei1!hborhood Commercial
Question: Is this an acceptable direction [providing dimensions similar to the Mixed-Use
zone] for addressing this zone? This question Council agreed to a 32-foot height limit. Other
dimensions were not discussed,
Service Commercial Industrial
Staffs approach to this zone is to clean-up some of the uses, clarify the amount of
retail/showroom space that can be provided, specify commercial use only on the ground floor,
and introduce some FAR linkage requirements between SCI uses and other uses that may be
more financially attractive. An FAR linkage requirement would require a minimum amount of
SCI use prior to any NC or residential use,
Staff is recommending the height remain at 35 feet with two ways to increase the height - for
additional ground floor height, and as an incentive to developing a minimum amount of SCI
space.
3
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Question: Is this an acceptable direction for addressing this zone? Council agreed to a 35-
foot height limit with the ability to achieve one 5-foot increase for either greater I st floor head
height or a minimum amount of SCI development - but not two total increases. Other
dimensions were not discussed.
View Planes:
The City maintains seven protected view planes. These were initiated in the early to mid '70s,
some in response to specific development proposals, Certain view planes significantly limit
development and P&Z recommended the elimination of all accept the Wheeler view plane.
Question: Does City Council want to formally initiate a "Wagner park edge to Shadow
Mountain" view plane. Council preferred seeing the potential view plane and graphics analysis
of the 38 and 42-foot height restrictions within the Lodge district prior to initiating a Wagner
Park view plane.
Question: Does Council want to initiate other view planes? Which ones? Terry indicated
his support for several proposed view planes with pictures to describe each potentiaL Council did
not initiate any new view planes,
4
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~;'ot:t ~
PEDESTRIAN AMENITY & CURRENT 25% UNDEVELOPED SPACE
Importance to Infill Proaram Viabilitv: Critical effect on the Infill Program's
viability, Currently, the 25% undeveloped area provision in the code is a
significant barrier to a project's financial viability and has created some
unpleasant spaces,
Definition: Pedestrian Space is the area
owned by the public in the form of rights-of-
way and un-built, privately owned spaces
downtown that function as transition areas
between sidewalks and buildings.
Current Reaulation: 25% of each parcel
must remain open. The current 25% urban
open-space requirement (for each and every
downtown parcel) does not always create
interesting and vibrant public places. Some
very interesting public places have resulted
from this provision, And some dismal
spaces have been created, detracting from
the pedestrian environment
The goal of a vital, pleasant pedestrian
environment can be reached with both the
quality of the public spaces and the quality
of buildings that frame that space,
Requiring all development to leave 25% of
the parcel undeveloped, with no qualitative
criteria, has resulted in disappointing spaces
- spaces for trash to blow around in a circle,
Duplicating adjacent public space also
lowers the overall quality of the pedestrian
environment and the strength of the retail
district Concentrating each development's
contribution to the pedestrian environment
will produce meaningful, high-quality
, pedestrian space.
Good pedestrian space
Not-sa-good pedestrian space
Recommendation: Implement a new requirement for improving the downtown
pedestrian environment with options of providing either on-site pedestrian space,
off-site pedestrian improvements where appropriate, or a payment-in-lieu
designated for downtown pedestrian amenities.
More Detail: Pedestrian Amenity Strategy - Section Four, page 6,
Section Two, Page 6
PEDESTRIAN AMENITY STRATEGY
A few members of the Infill Advisory Group and
City staff conducted a two-day charrette to
determine an appropriate strategy for
encouraging downtown ' pedestrian
environments. The following results of this
session were presented to the whole Infill
Group as a means of replacing the current
25% requirement
Quality pedestrian space plays an important
role in Aspen's retail district and desirable
public places can be realized through revised
development regulations,
1. Reinforce building's relationship with
pedestrian
. Encourage simple, unobstructed
relationship between pedestrian and
public space,
. Prevent split-level buildings (where two
mediocre retail floors are created),
. Prevent "moats" around buildings.
. Transparency on first floor.
2. Reinforce historic development pattern
. Encourage buildings to build to property
line.
. Remove or substantially change view
plane regulations,
. Prevent duplication of existing public'
space created by malls and sidewalks.
. Prevent or discourage office uses on
first floor in retail district
. Reinforce historic vertical dimension of
buildings,
. No more open space unless "key"
location,
3. Encourage comfortable outdoor space
. Allow outdoor seating with no additional
review.
. Allow seating to be covered,
. Encourage provision of shade trees
Good Pedestrian Space
,.,_.
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1":'1 1;1.' ....
-.
Footprint of downtown Aspen
Section Four, Page 6
4. Encourage active public space
. Encourage active use of existing
outdoor public space (restaurant
seating)
. Consider expanding mall lease
zones.
5. Protect "key" private spaces.
. Possible spaces: Paradise
Bakery, Zeh~ Coffee, Wolf Camera
(if redeveloped)
. Implement by using mitigation
funds to acquire easements, fund
pedestrian improvements,
6. Encourage redevelopment of "key"
private spaces and/or adjacent
building
. Hanibal Brown building - Aspen
Mountain Plaza
. Tom Thumb building
. T-shirt shop
. Wells Fargo Building
. Wolf Camera Building
-.-.---_."........-..._~_.- ,-...._~..__._-
7. Improve "Key" public spaces
. Implement DEPP and Wagner Park Plan
. Malls - Physical and programming, maintenance of trees/flowers
. Consider fire pit on the Cooper Mall
. Use mitigation funds to accomplish public improvements
8. Encourage development of significant parcels that could improve quality of
district
. Hunter/Hyman vacant lot
. Wheeler parcel (vacant parcel next to Wheeler Opera House)
. Fire Station
. Vacant parcel next to the Wienerstube restaurant
9. Encourage active use or beautification of spaces between buildings
. Identify ways city could facilitate agreements if areas between buildings are
being legally disputed.
Section Four, Page 7
MEMORANDUM
vnl+
TO:
Mayor Klanderud and Aspen City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
Chris Bendon, Community Development Director ctNVvI
FROM:
RE:
Code Amendment - Mixed Use (MU) Zone District
Second Reading of Ordinance No.7, Series of2005
DATE:
February 28,2005
SUMMARY:
This proposed ordinance updates what has been known as the Office (0) Zone
District by creating the Mixed-Use (MU) Zone District. This new title more closely
relates to the wide range of activities that are permitted and occur in the zone district.
The new MU Zone District encompasses all the land of the current Office District -
the Main Street Historic District, a one-block strip west of the downtown between
Aspen and Monarch Streets, a one-block strip of land east of downtown between
Spring and Original Streets, and two parcels on North Mill Street.
The changes encourage mixed-use development and provide greater dimensions for
these types of buildings. A maximum height of 32 feet is proposed. The new text
permits lodging, offices, cultural uses, service uses, and multi-family development.
The zone continues to permit single-family and duplex uses although new single-
family and duplexes uses will have a reduced FAR schedule. (This is the same policy
used for the multi-family zones.)
The amendments provide for retail uses on Historic Landmark properties as an
incentive for preservation. The amendment provides a lower Floor Area cap for
properties within the Main Street Historic District. This has been done to recognize
the different character of Main Street verses the character of the blocks adjacent to the
Commercial Core.
The changes proposed reflect direction from City Council during work sessions on
commercial development.
Staff recommends adoption of Ordinance No.7, Series of 2005.
MAPS OF MU ZONE DISTRICT:
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CITY MANAGER'S CO(Z,E~~ ..~.. j
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RECOMMENDED MOTION:
"I move to approve Ordinance No.7, Series of2005,"
ATTACHMENTS:
A - Review Criteria
B - Council Work Session Summary
2
ORDINANCE NO.7
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710.180 - MIXED-
USE (MU) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, the City Council and the Planning and Zoning Commission of the
City of Aspen directed the Director of the Community Development Department to
propose amendments to the Land Use Code, part of the City of Aspen Municipal Code,
related to the Infill Report, a report developed by a city-commissioned advisory group,
the Infill Advisory Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the Infill Program is to implement action items
identified in the 2000 Aspen Area Community Plan, Barriers to Infill Development (a
report commissioned by the City of Aspen in 2000), recommendations of the Infill Report
(a report produced by the Infill Advisory Group in January, 2002), and the
Recommendations of the Economic Sustainability Committee (a joint project between the
City of Aspen, the Aspen Chamber Resort Association, and the Aspen Institute
Community Forum concluded in September, 2002) that call for:
. intensification ofland uses within the traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped
areas surrounding the city.
· retention of existing commercial and lodging uses.
· increased vitality of the downtown retail environment
· rejuvenation of aging commercial properties.
· development of mixed-use buildings with housing opportunities for locals.
· development of affordable housing in locations supported by the "Interim Aspen
Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP).
· revisions to, or elimination of; identified barriers to successful infill development
such as the costs of development exactions, growth management penalties for
redeveloping buildings, and the length and uncertainty of approval processes.
. revisions to the strategy implementing growth management to emphasize quality
of development as opposed to just the quantity of development
· elimination of development incentives for single-family and duplex development
within commercial, mixed-use, and lodging zone districts.
· balance between the community and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
. The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
Ordinance No,7,
Series of2005. Page I
WHEREAS, the amendments herein relate to the following Section of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26,710.180 - Mixed-Use (MU) Zone District; which has been known as the
Office (0) Zone District; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
the proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on
September 3, 2002, continued to September 17, 2002, continued to September 24, 2002,
continued to October I, 2002, continued to October 8, 2002, continued to October 15,
2002, continued to October 22, 2002, continued to October 29, 2002, continued to
November 5, 2002, continued to November 12, 2002, continued to November 19, 2002,
continued to November 26, 2002, continued to December 10, 2002, and continued to
December 17, 2002, took and considered public testimony at each of the aforementioned
hearing dates and the recommendation of the Community Development Director and
recommended, by a five to one (5-1) vote, City Council adopt the proposed amendments
to the land use code by amending the text of the above noted Chapters and Sections of the
Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the
recommended changes to the Land Use Code under the applicable provisions of the
Municipal Code identified herein, has reviewed and considered the recommendation of the
Community Development Director, the Planning and Zoning Commission, and has taken
and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land
Use Code meet or exceed all applicable standards and that the approval of the proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.710.180, Mixed-Use (MU) Zone District, which section regulates
development within the Mixed-Use (formerly Office) Zone District, shall read as
follows:
Ordinance No.7,
Series of 2005, Page 2
26.710.180 Mixed-Use (MU).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a
variety of lodging, multi-family, single-family, and mixed-use buildings with commercial
uses serving the daily or frequent needs of the surrounding neighborhood, provide a
transition between the commercial core and surrounding residential neighborhoods, and
to provide a variety of building sizes compatible with the character of the Main Street
Historic District
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use
(MU) zone district:
I, On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood
Commercial Uses, and Bed and breakfast
2, Service Uses.
3, Office Uses.
4. Lodging, Timeshare Lodge, Exempt Timesharing,
5. Arts, Cultural and Civic Uses.
6, Public Uses,
7, Recreational Uses.
8, Academic Uses,
9, Child care center.
10, Affordable Multi-Family Housing.
II, Free-Market Multi-Family Housing.
12. Single Family Residence,
13, Duplex Residence,
14, Two Detached Single-Family Residences.
15. Home occupations,
16, Accessory uses and structures,
17, Storage accessory to a permitted use.
C. Conditional uses. The following uses are permitted as conditional uses in the
Mixed-Use (MU) zone district, subject to the standards and procedures established in
Chapter 26.425:
I, Commercial Parking Facility, pursuant to Section 26,515.
D. Dimensional requirements. The following dimensional requirements shall apply
to all permitted and conditional uses in the Mixed-Use (MU) zone district:
I, Minimum 101 size (square feet): 3,000,
2. Minimum 101 area oer dwellin~ unit (~quare feet):
a. Detached residential dwellings: 4,500. 3,000 for Historic Landmark
properties,
Ordinance No,7,
Series of2005. Page 3
3.
4.
5,
6.
7,
8.
9,
10.
A
b. Duplex dwellings: 4,500. 3,000 for Historic Landmark properties.
c, All other uses: No requirement.
Minimum lot width (feet!: 30,
Minimum front yard setback (feet!: 10, which may be reduced to 5,
pursuant to Special Review, Section 26.430.
Minimum side yard setback (feet!: 5.
Minimum rear yard setback (feet!: 5,
Maximum heilZht:
a, Commercial, Lodge, Timeshare Lodge, Exempt Timesharing, Multi-
Family, and Mixed-Use Buildings: 32 feet.
b, Detached residential and Duplex dwellings: 25 feet.
Minimum distance between buildinlZs on the lot (feet!: 10,
Pedestrian Amenitv Space: Pursuant to Section 26.575.030,
Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total
maximum FAR of 2:1. For properties within the Main Street Historic
District, this maximum cumulative FAR shall be I: I, which may be
increased to 1.25: I by Special Review, pursuant to Section 26.430,
I, Commercial; Lodge; Timeshare Lodge, Exempt Timesharing; Arts,
Cultural and Civic uses; Public Uses; Recreational Uses; Academic
Uses: ,75:1, which may be increased to 1:1 by Special Review,
pursuant to Section 26.430,
2, Affordable Multi-Family Housing: No limitation.
3. Free-Market Multi-Family Housing: .75:1, which may be increased to
I: I by Special Review, pursuant to Section 26.430.
B. The following FAR schedule applies to single-family and duplex uses
when developed as the only use of the parcel:
I. Detached residential and Duplex dwellings established prior to the
adoption of Ordinance 7, Series of 2005: 100% of the allowable floor
area of an equivalent-sized lot located in the R6 zone district. (See R6
Zone District) Receipt of a Development Order shall constitute the
date the use was established. Replacement after Demolition shall not
effect a new establishment date for the purposes of this section, City of
Aspen Historic Transferable Development Rights shall not be
extinguished in this zone district and shall not permit additional floor
area,
2, Detached residential and Duplex dwellings established after the
adoption of Ordinance 7, Series of 2005: 80% of the allowable floor
area of an equivalent-sized lot located in the R6 zone district. (See R6
Ordinance No,7,
Series of2005. Page 4
Zone District) City of Aspen Historic Transferable Development
Rights shall not be extinguished in this zone district and shall not
permit additional f100r area.
Section 2:
The Community Development Director shall cause the Official Zone District Map of
the City of Aspen to be amended to ref1ect the name change for this zone district from
the Office Zone District to the Mixed-Use Zone District All references within the
Municipal Code to the Office Zone District shall be considered references to the
Mixed-Use Zone District
Section 3:
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances,
Section 4:
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 the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance was held on the 28th day of February, 2005, 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 shall be published in a
newspaper of general circulation within the City of Aspen.
Section 7:
This ordinance shall become effective thirty (30) days following final adoption,
[Signatures on following page]
Ordinance No.7,
Series of2005. Page 5
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24th day of January, 2005.
Attest:
Kathryn S, Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004,
Attest:
Helen K. K1anderud, Mayor
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
C:lhomelinfilIIMixed.UseIMU Ordinance,doc
Ordinance No.7,
Series of 2005. Page 6
Exhibit A
MU Zone Amendments
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards Applicable to a Land Use Code Text Amendment
In reviewing an amendment to the text of this Title, the City Council and the Commission
shall consider:
A. Whether the proposed amendment is in conflict with any applicable
portions of this title.
Staff Finding:
The proposed code amendments are to encourage the development of higher intensity
development in areas that can support such intensity with existing infrastructure, This
promotes a general planning goal of maximizing the efficiency of existing public
infrastructure and also providing development intensity in areas where automobile use
can be minimized. No aspect of the proposed code amendment is in conflict with other
portions of the Municipal Code.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
Staff Finding:
Staff believes these changes to the MU zone are supported by the AACP. There are many
references to providing commercial and mixed-use redevelopment opportunities within
the townsite and within walking distance of daily needs. Main Street and the other areas
of this zone district are appropriate places for mixed-use development. These code
amendments are also expected to encourage mixed-income housing, promoting a healthy
social fabric and a balance between the resort and the community.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics,
Staff Finding;
This amendment does not affect the location of the MU zone. The Office zone
boundaries are not being altered, only the title of the zone district and the types of uses
and intensities allowed on these parcels, These areas of town continue to be appropriate
locations for commercial and mixed-use development consistent with existing
development. Staff believes this criterion is met.
D. The effect of the proposed amendment on traffic generation and
road safety.
staff comments - MU Zone. page I
Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within the MU zone. Encouraging reinvestment in the retail and
mixed-use districts within Aspen will likely create slightly more traffic on local streets,
Staff does not believe the amendments represent any safety issues on local roads.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and the extent to
which the proposed amendment would exceed the capacity of such
facilities, including, but not limited to, transportation facilities,
sewage facilities, water supply, parks, drainage, schools, and
emergency medical facilities,
Staff Finding:
The amendments intentionally encourage greater use of existing infrastructure by
focusing development into areas that are already served as opposed to areas to which new
infrastructure must be extended. The amount of potential development is not expected to
unduly burden or overwhelm existing infrastructure. Also, impact mitigation
requirements for public systems ensure their continued capability.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment
Staff Finding:
Increased reinvestment opportunities will allow for greater utilization of existing and
planned infrastructure improvements. This may have less of a negative effect on the
environment than development in areas where infrastructure does not already exist.
Generally, staff believes this Ordinance will not encourage adverse impacts on the natural
environment.
G. Whether the proposed amendment is consistent and compatible
with the community character in the City of Aspen,
Staff Finding:
Characteristic of traditional towns, and important to Aspen as expressed in the
Community Plan, is a vibrant downtown commercial district with mixed-uses and retail
continuity. This is the historic character of the downtown and the changes should
encourage reinvestment in this development type. Staff believes the amendments are
consistent and compatible with the community character.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the
proposed amendment
Staff Finding:
The proposed amendment is not specific to one parcel.
staff comments - MU Zone. page 2
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,
Staff Finding:
This proposed amendment does not pose any conflicts with the public interest The
AACP reflects a community desire for integrated affordable housing opportunities within
mixed-use areas,
Staff believes this Ordinance will promote the purpose and intent of this Title, This
Ordinance promotes reinvestment in commercial and mixed-use areas of town and
emphasizes on-site employee housing opportunities for working residents and reducing
the dependence on the automobile by providing housing near employment and recreation
centers. Healthy mixed-use districts are consistent with the public interest
staff comments - MU Zone. page 3
~
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
5cM\,~ e,
~
MU !IJ.t.L ~~
MEETING DATE:
August 31, 2004
AGENDA TOPIC:
Commercial Development - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, Rachel, & Torre
Summarv
City Council discussed Lodging (a revisit of previous direction) the MU zone, NC zone, and the
SCt zone. This work session was a continuation of previous commercial work sessions,
Items Resolved AU/lUst 31st:
Lodging Revisit
City Council redirected staff on the lodging incentive to pursue a "density" standard
rather that trying to differentiate traditional ownership verses fractional ownership.
This is a strategy to encourage lodging with small rooms and higher unit counts, A lodge
unit per lot area and possibly an average lodge unit size could be used, Staff believes this
addresses an interest of the City - specifically high occupancy lodging projects while
fitting better with standard zoning differentiation, namely density, As a secondary
outcome, this density standard may be less appealing to fractional projects as the trend
seems to indicate larger units in fractional projects.
Mixed-Use Zone (Main Street).
For the Mixed-Use district (Main Street), Council previously directed staff to structure
allowable heights to permit a 32-foot height for mixed-use, lodging, and multi-family
development and maintain the 25-foot limit for single-family and duplex development
Staff also suggested a reduced ratio for new single-family and duplex development
similar to the reduction in the RMF zone - 80% of the R6 schedule. For replacement of
existing single-family and duplex structures, a 100% schedule would apply thereby not
creating non-conformities, Council agreed with the strategy.
!
L
There was some discussion on the reduction or waiver of affordable housing mitigation
for converting historic structures to commercial uses. This could be a strategy to
encourage the preservation and rehabilitation of older buildings in this zone. The
discussion was not concluded.
Neighborhood Commercial
This zone is comprised of two areas - the Clark's Market and KSNO buildings, and the
City Market/Durant Mall area. Both areas are zoned with a PUD Overlay which controls
their dimensions, Because of the two different contexts, the PUD process would be
useful in determining zoning dimensions.
I
Staff suggests a range of options. Council determined that no major updates to this zone
were necessary although the list of permitted uses should be cleaned-up.
Service Commercial Industrial
Council previously agreed to a 35-foot height limit (which is the current requirement)
with one 5-foot height increase to encourage greater first floor heights or a minimum
amount of SCI space. (Only one increase for either or these, but not two total increases.)
Some of the uses should also be cleaned-up and the amount of retail/showroom space that
can be provided should be clarified, Council confirmed this basic strategy.
Previouslv Resolved Items:
Redevelopment projects should be permitted a creditfor their existing development. The City's
code permits the replacement of commercial square footage after demolition only if the project
mitigates for affordable housing as if nothing existed there before - no credit. This replacement
penalty is a significant barrier to redevelopment and removing it is a consistent theme ofthe infill
discussions. This redevelopment credit idea was implemented a few years ago in the Lodge
Preservation Program and has produced some positive activity. Providing this credit is similar to
the City's approach on Lodging development. Councilwoman Richards expressed some interest
in still requiring some level of mitigation. This was not echoed by other Council members,
Pedestrian Amenity cash-in-lieu uses should not be broadened to include purchase of open
space viewable from downtown. Staff recommended against this route. The reason for requiring
this space is to enhance the pedestrian environment and cash-in-lieu monies should be used to
directly affect this goal and not diverted to other community issues, This is especially important
in light of the City's recent analysis of downtown and a desire to implement improvements with
no funding source, There was not sufficient Council interest in pursuing this option,
Off-site affordable housing mitigation should be approved by P&Z while off-site, outside the
city limits should only be approved by City Council, This outside the city issue also was raised
by Council during lodging discussions with the preference being to permit such mitigation with
approvals from City CounciL
The Pedestrian Amenity requirement should be 25% of each lot: Council decided on keeping
this standard at 25% with the ability for P&Z to lower the requirement to reward exceptional
projects. P&Z's criteria for exceptional should include consideration of the projects mix of uses
and how that mix contributes to an active downtown.
Redevelopment of lots with no Pedestrian Amenity (or less than required) space is currently
provided shall not be required to provide Pedestrian Amenity if the building is merely being
replaced with no expansion. If the redevelopment of a lot increases the building size, a
Pedestrian Amenity equal to 10% of the lot size will be required and could automatically be
satisfied with a cash-in-lieu payment.
2
Pedestrian Amenity and Commercial Design Standards should be ready for first reading by
September 13th
The outdoor merchandising in required open space issue will be forwarded to the Downtown
Catalyst and not addressed in infill amendments,
The TDR Program will not be expanded to the Commercial Zones.
A TDR program for Affordable Housing mitigation will not be pursued in infill code
amendments. The idea will be forwarded to the Housing Authority and Board.
CC Zone Height: A height limit of 42 feet, measured at the full extent of the roof will apply to
the Commercial Core District. Staff will research some flexibility for modest increases to
accommodate rooflines internal to a project that are not visible from the street leveL This would
likely be a review done by HPC as they already must review the design of each building.
Cl and Lodge Zone Height: In the Cl and Lodge districts, a 42-foot height for flat roofs and
38 feet for midpoint of pitched roofs will apply.
CC and Cl changes are scheduled for public hearing on September 13th.
~[Mixed-use Zone Height: In the Mixed-Use district (Main Street), a 32-foot height limit will
apply to mixed-use, lodging, and multi-family development. The 25-foot limit will remain for
single-family and duplex development.
First Floor Commercial Core Office Restriction: Council directed staffto pursue a restriction
on ground floor offices in the Commercial Core, Council generally supported a "setback
provision" which would exempt spaces from this restriction if they were significantly set back
from the front of the parceL Staff generally believes a 40-45 foot setback will accommodate
existing spaces that would not make great retailing spaces. Council agreed to not apply this no-
office restriction on split level buildings. Rachel, Torre, and Terry supported the office
restriction with Helen and Tim opposed,
This item is scheduled for public hearing on September 13th, along with other changes to the CC
and Cl Zones,
Wagner Park View Plane: City Council reviewed additional graphics on the potential Wagner
Park view plane in relation to the suggested 42-foot height limit for lodging development.
Council decided not to pursue a regulated view plane from the edge of Wagner Park. Terry and
Torre supported a new regulation.
Commercial Core and Commercial] Districts: Council was generally supportive of a the staff
recommended FAR limit of 3: 1, comprised of a 1.5: 1 limit on commercial, a 1: I limit on free-
market residential, and no limit on affordable housing. Sunny Vann expressed interest in
allowing the internal distribution of floor area to be varied and staff will look into this more and
provide a recommendation. Council was generally supportive of permitting single-family and
duplex development in the C I zone with a reduced FAR schedule - 80% R6 was discussed,
3
MEMORANDUM
VIlIG
THRU:
Mayor Klanderud and Aspen City Council
.J.'\4
Joyce Allgaier, Community Development Deputy Director
TO:
FROM:
James Lindt, Planner ~ L--
RE:
Appeal of Land Use Code Interpretation
Section 26.710.180(C)(5), Conditional use for commercial parking lot
DATE:
February 28, 2005
SUMMARY:
Herb Klein of Klein, Cote & Edwards, P.C. submitted an appeal of a code interpretation on
behalf of the 700 E. Hyman Condominiwn Association (known herein as "Appellants"), The
land use code interpretation subject to this appeal relates to the language in Land Use Code
Section 26,710.180(C)(5), Conditional use for commercial parking lot, The request for
interpretation asked for clarification on whether conditional use approval is required to lease
any and all off-street parking spaces to the general public in the Office (0) zone district
pursuant to the language established in Land Use Code Section 26.710.l80(C)(5),
Conditional use for commercial parking lot. Land Use Code Section 26.710.l80(C)(5) reads
as follows:
26.710/180(C)(5), Conditional Use: Commercial parking lot or parking structure-
Commercial parking lot or parking structure that is independent of required off-
street parking, provided that it is not abutting Main Street.
Staff issued a land use code interpretation on December 9, 2004, interpreting that
required off-street parking spaces may be rented, leased, or condominiumized and sold
to the general public without requiring conditional use approval. Staff further
interpreted that conditional use approval is required to lease out off-street parking
spaces to the general public that are in excess of the required number of off-street
parking spaces for a site in the Office (0) zone district.
REVIEW PROCEDURE:
Appeal ala Code Interpretation. During a public meeting, City Council may affirm, reverse,
or modify the Land Use Code Interpretation made by the Community Development Director
if Council finds that there was a denial of due process, that the Director exceeded his
jurisdiction, or abused his authority pursuant to Land Use Code Section 26,316, Appeals,
ST AFF COMMENTS:
The Appellants have indicated that they believe the leasing or sale of anv and all off-street
parking spaces in the Office (0) zone district requires conditional use approval for a
commercial parking lot and have requested an appeal of Staffs land use code interpretation
issued on December 9, 2004, As was discussed above, Staff interprets the language
established in Land Use Code Section 26,710.l80(C)(5) to require conditional use approval
to lease or sell only those parking spaces in excess of the required number of off-street
parking spaces on a site in the Office (0) zone district.
Staff also interprets that required off-street parking spaces may be rented, or
condominiumized and sold to the general public. Staff made this interpretation because Land
Use Code Section 26.515.020(E), Restrictions on use of off-street parking areas, includes
specific restrictions on the use of required off-street parking spaces, but this Section
26.515.020(E) does not contain a prohibition against the leasing or selling of required 01'1'-
street parking spaces to the general public. Staff is aware that leasing required off-street
parking spaces to people that do not conduct business on the property in which the space is
located occurs frequently throughout the Commercial Core and Office zone districts (where
"commercial parking lots" are conditional uses). That being the case, Staff believes that an
opposite interpretation requiring conditional use approval to lease out required off-street
parking as suggested by the Appellants would significantly burden the City's ability to
enforce such a provision since it is a frequent occurrence.
Staff also feels that reversing the Community Development Director's interpretation on this
matter may jeopardize previous condominium approvals in all zone districts that allowed for
required off-street parking spaces to be condominiumized as separate condominium units and
sold to whoever wished to purchase the spaces without City regulation. Staff is wary that
reversing Staff s interpretation will jeopardize the validity of these condominium approvals
because these projects that condominiumized their required off-street parking spaces and sold
the spaces to the general public are located in zone districts that do not have "commercial
parking lot" explicitly listed as a permitted use due to the simple fact that "commercial
parking lot" is not explicitly listed as a permitted use in anyone zone district within the code.
The aforementioned condominium approvals were allowed to condominiumize parking
spaces and sell them to the general public based on the longstanding staff interpretation that
Section 26.515.020(E) regulates the use of required off-street parking spaces and there is not
a prohibition against leasing or selling required off-street parking spaces to members of the
general public included in Section 26.515.020(E).
As was suggested in the interpretation issued by Staff, required off-street parking is not
simply intended to mitigate the impact of development on the site where the parking spaces
are located. Instead, required off-street parking mitigates that incremental impact of
development and the overall demand for parking within the City. Staff recommends that City
Council affirm the Community Development Director's code interpretation.
PREVIOUS ACTION:
City Council has not previously considered this appeal. The Director has made an
Interpretation of the Land Use Code in response to the Appellants' request that Staff consider
the code language in Land Use Code Section 26.710.180(C)(5) to require conditional use
approval to rent or sell any and all off-street parking spaces to the general public in the Office
(0) zone district.
2
CITV MANAGER'S COMMENTS: a~ ~~
~t:, tf... ~ i)"",. ~').o. .:;:,,.~ "- ~.
RECOMMENDED MOTION:
"I move to approve Resolution No. b, Series of 2005, affirming the Community
Development Director's Land Use Code Interpretation issued on December 9, 2004, finding
that, as interpreted, Conditional Use approval is only necessary to rent, lease or sell off-street
parking spaces that are in excess of the number of required off-street parking spaces to the
general public in the Office (0) zone district."
ALTERNATIVE OPTIONS:
Another option available to City Council in reviewing this request would be to affirm the
Community Development Director's interpretation of December 9, 2004, and direct Staff to
initiate a land use code amendment to require conditional use approval to rent, lease, or sell
any and all off-street parking spaces in the Office and Commercial Core zone districts.
Alternatively, City Council could deny the above motion, reversing the Community
Development Director's interpretation issued on December 9, 2004, thereby interpreting that
renting, leasing, or selling any and all off-street parking spaces to the general public requires
conditional use approval for a commercial parking lot in the Office and Commercial Core
zone districts.
ATTACHMENTS:
Exhibit A -- Applicant's Appeal Request
Exhibit B Director's Interpretation Issued December 9, 2004
Exhibit C -- Request for Interpretation
3
RESOLUTION NO. b..
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL, AFFIRMING THE COMMUNITY
DEVELOPMENT DIRECTOR'S APPROVAL OF A LAND USE CODE
INTERPRETATION ISSUED DECEMBER 9, 2004, RELATING TO LAND USE CODE
SECTION 26.710.180(C)(5), CONDITIONAL USE FOR COMMERCIAL PARKING LOT.
WHEREAS, pursuant to Land Use Code Section 26.306, Interpretations of this Title, the
700 E. Hyman Condominium Association (known herein as the "Appellant") submitted a request
for a land use code interpretation on November 29, 2004, requesting an interpretation of Land
Use Code Section 26.71 0.lS0(C)(5), Conditional use for a commercial parking lot, to determine
whether the leasing or selling of any and all off-street parking spaces in the Office (0) zone
district to the general public requires conditional use approval; and,
WHEREAS, the. Community Development Director approved a land use code
interpretation on December 9, 2004, in response to the request for interpretation, interpreting that
Land Use Code Section 26.710.180(C)(5) requires the leasing or selling of off-street parking
spaces in excess of the required off-street parking for a site in the Office (0) zone district to
obtain conditional use approval; and,
WHEREAS, pursuant to Land Use Code Section 26.306(F), Interpretations of this Title,
and Land Use Code Section 26.316, Appeals, the Appellant submitted a letter requesting an
appeal of the December 9th code interpretation; and,
WHEREAS, at a public meeting that was noticed by mailing to the appellant and by
publication in a newspaper of general circulation, City Council opened and continued the
meeting until February 2S, 2005; and,
WHEREAS, at a public meeting on February 2S, 2005, pursuant to the procedures set
forth in Land Use Code Section 26.314, Appeals, City Council considered the appeal request
made by the 700 E. Hyman Condominium Association and by a vote of _ to _ L-~,
affirmed the Community Development Director's approval of the code interpretation issued
December 9, 2004; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Land Use Code Section 26.314, Appeals, City Council hereby affirms the
Community Development Director's issuance and approval of the land use code interpretation
issued December 9, 2004, interpreting that Land Use Code Section 26.71O.ISO(C)(5) requires the
Resolution No. _' Series of2005
Page 2
leasing or selling of off-street parking spaces in excess of the required off-street parking for a site
in the Office (0) zone district to obtain conditional use approval.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be construed and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
FINALLY, ADOPTED, PASSED, AND ApPROVED on February 28,2005, at a public meeting
before City Council.
APPROVED AS TO FORM:
City Attorney
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
0hl.hI.( )1/(
II
KLEIN, COTE & EDWARDS, P.c.
II
HERBERT S. KLEIN
LANCE R. COTE *
JOSEPH E. EDWARDS, 11\
MACHU B. KRISHNAMURTI
hsklein@rof.net
cote@rof.net
jody@vanion.com
madhu@rof.net
Attorneys at Law
201 NORTH MILL STREET
SUITE 203
ASPEN, COLORADO 81611
Telephone (970) 925-8700
Facsimile (970) 925-3977
.. also admitted in California
December 15, 2004
E' (\. n"'" ,Ii, I '''~ n
: F\IlI' ~ ~b~' !!.'~', ~,.:J
R .,.,drlll::'::' '1, ""..".'
Via Hand Deliverv
Chris Bendon, Director
City of Aspen Community Development Department
130 S. Galena St.
Aspen, CO 81611
DEe 1 7 2004
AseEN
BUILDING DEPARTMENT
Re: Appeal of Community Development Director's Land Use Code Interpretation
Regarding Section 26.710.180(C)(5) - Conditional Use for Commercial Parking Lot.
Dear Chris:
This letter is submitted on behalf of my client, 700 E. Hyman Condominium Owners'
Association (the "Association") concerning Hyman A venue Holdings, LLC's intended use of its property
near the corner of Spring St. and E. Hyman A venue, for a commercial parking lot and constitutes a
notice of appeal of your Code Interpretation decision as the Community Development Director, issued
on December 9, 2004. We would appreciate your scheduling this appeal for consideration with the City
Council. Please contact me regarding an available date for the Council's consideration since I will be
out of town during the later half of January.
The facts, details and basis of this appeal are set forth in my letter to John Worcester of
November 4, 2004, and my letter to you seeking your interpretation dated November, 29, 2004. Copies
of these letters were attached to your December 9, 2004 interpretation decision and are not attached
hereto since you already have them, but please consider them incorporated herein by this reference.
Please provide these letters in the Council packet for this matter.
Please call me to discuss scheduling the appeal hearing on this matter. Thank you very much for
your cooperation. I look forward to hearing from you shortly.
Very truly yours,
KLEIN, COTE & E~/S, P.C.
),7/ ,
By: --/'~;) L /'
Herbert S. Klem
N:\700 E Hyman Condo Assn\appeal-council-bendon ltr.wpd
[y~\V; It '\Bl
CITY OF ASPEN ~PPb
COMMUNITY DEVELOPMENT DEPARTMENT . '70,h..
LAND USE CODE INTERPRETATION Dce .,. ~D
JURISDICTION: City of Aspen ~4t?r~ IJ ~OD/
~~~~r.
APPLICABLE CODE SECTION: Section 26.710.180(C)(5), ~ ~l~
Conditional use for commercial
parking lot.
Section 26.515.020(E), Restriction
on use of off-street parking areas.
EFFECTIVE DATE:
WRITTEN BY:
December 6, 2004
James Lindt Planner
APPROVED BY:
Chris Bendon,
Community Development Director
COPIES TO:
John Worcester
Sarah Oates
SUMMARY:
Conditional use approval is required to lease or rent parking spaces to the general public
that are in excess of the required number of off-street parking spaces on a site in the
Office (0) zone district. Land Use Code Section 26.515.020(E), Restrictions on use of
off-street parking areas, includes restrictions related to the use of required off-street
parking spaces that prohibit required off-street parking to be used for the sale, repair,
dismantling, or servicing of vehicles. The land use code does not prohibit required 01'1'-
street parking spaces from being leased to the general public, condominiumized and sold
to the general public or tenants of a property. The land use code also does not establish
maximum lease or sale prices for required off-street parking spaces.
BACKGROUND AND DISCUSSION:
Herb Klein of Klein, Cote & Edwards, P.C. on behalf of the 700 E. Hyman
Condominium Owners' Association (referred to as the "Applicants" herein) has
submitted. a request for a land use code interpretation of the language set forth in City of
Aspen Land Use Code Section 26.710.180(C)(5), Conditional Use: Commercial parking
lot or parking structure. The code language subject to this interpretation request reads as
follows:
26. 710.180(C}(5), Conditional Use: Commercial parking lot or parking
structure- Commercial parking lot or parking structure that is
independent of required off-street parking, provided that it is not located
abutting Main Street.
The Applicants have explained in their letter of request that is attached hereto as Exhibit
"A", that they are requesting an interpretation of the above-stated code language to
determine if leasing of required off-street parking spaces to the general public requires
conditional use approval in the Office zone district. The Applicants have indicated that
they believe the language in Section 26.71 0.180(C)(5) establishes that the leasing of any
and all off. street parking spaces in the Office zone district to the general public requires
conditional use approval by the Planning and Zoning Commission pursuant to the review
procedures set forth in Land Use Code Section 26.425, Conditional Uses.
In reviewing the code interpretation request, Staff interprets the language "commercial
parking lot that is independent of required off-street parking" to mean parking that is not
required as off-street parking for development on a particular parcel and is independent
of the required off-street parking spaces on a particular site. Staff feels that the language
in Section 26.710.180(C)(5) requires conditional use review only for the leasing of those
parking spaces to the general public that are in excess of the required off-street parking
spaces on a particular parcel.
Staff also believes that required off-street parking spaces are not prohibited from being
leased to a person or persons that do not have business on a site in which they are leasing
parking spaces. Staff has made this interpretation because the land use code defines how
required off-street parking areas are to be used in Section 26.515.020(E), Restrictions on
use of off-street parking areas. Land Use Code Section 26.515.020(E) reads as follows:
26. 515. 020(E), Restrictions on use of off-street parking areas.
No off-street parking area shall be usedfor the sale, repair, dismantling or
servicing of any vehicles, equipment, materials or supplies, nor shall any
such activity adjacent to off-street parking spaces obstruct required access
to off-street parking areas.
The above language specifies certain prohibitions with respect to the use of required off-
street parking spaces. Leasing of required off-street parking spaces is not specified as a
prohibition in Section 26.515.020(E). Moreover, Staff is aware that many properties
within the Commercial Core and Office zone districts, both of which list "commercial
parking lots that are independent of required off-street parking" as a conditional use,
lease out required off-street parking spaces to the people that do not have business on the
site. This practice is not prohibited by the land use code.
The request for interpretation states that Staff is not enforcing a prohibition against
leasing off-street parking spaces to the general public because it is difficult to enforce,
but in reality, Staff is not enforcing the leasing of required off-street parking spaces to the
general public because it is not prohibited by the land use code. Nonetheless, Staff does
also believe that it would be very difficult to enforce a prohibition of leasing required 01'1'-
street parking as the Applicants have suggested in their letter of request.
Staff also disagrees with the Applicants' statement that required off-street parking spaces
are intended solely to mitigate the parking impact of development on tile site in which the
parking spaces are located. Instead, off-street parking mitigates the incremental impact
of development and the overall demand for parking within the City. The land use code
does not differentiate whether a required off-street parking space may be occupied by a
person that has business on the site in which they parking or whether that same parking
space may be occupied by a member of the general public that otherwise would occupy
an on-street parking space.
APPEAL OF DECISION:
As with any interpretation of the land use code by the Community Development Director,
an applicant has the ability to appeal this decision to the Aspen City Council. This can be
done in conjunction with a land use request before City Councilor as a separate agenda
item.
26.316.030(A) APPEAL PROCEDURES:
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
Attachments:
Exhibit A: Letter of Request for a Code Interpretation
....~~. _...--,--_._"~-,,.~--~-
II
KLEIN, COTE & EDWARDS, P.c.
II
[;;YI1 (h /1 r II
HERBERT S. KLEIN
LANCE R. COTE.
JOSEPH E. EDWARDS, III
MADHU B. KRISHNAMURTI
hsklein@rof.net
cote@rof.net
jody@vanion.com
madhu@rof.net
Attorneys at Law
201 NORTH MILL STREET
SUITE 203
ASPEN, COLORADO 81611
Telephone (970) 925-8700
Facsimile (970) 925-3977
. also admitted in California
November 29,2004
RECEIVEr
NOV U
2 9 2004
BUILDING il8?l:tv
DriiiARlMENr
Via Hand Delivery
Chris Bendon
Community Development Director
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Park Place Commercial Parking Lot -Request for an Interpretation from the
Comdev Director under Section 26.306.010
Dear Chris:
I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the
"Association") concerning Hyman Avenue Holdings, LLC's ("HAH")) intended use of its property
near the corner of Spring St. and E. Hyman A yenue, in Aspen, for a commercial parking lot.
The 700 E. Hyman Condominiums are located directly across E. Hyman Avenue from the
proposed parking lot and the Association has serious concerns about the adverse impacts that this
use will have on the neighborhood and the property of its members.
HAH submitted a conditional use application to the City seeking approval for a 20 space
commercial parking lot. The property is in the Office zone district and such use is listed as a
conditional use. Section 26.710.180 C.5 of the City Code, which sets forth the Office (0) zone
district regulations, establishes that a conditional use for a commercial parking lot must satisfy the
following threshold requirement:
Commercial parking lot or parking structure that is independent of required off-street
parking, provided that it is not located abutting Main Street; (Emphasis added.)
The parcel involved consists offour townsite lots. These are included in the plat map for the
Hannah Dustin Building Condominiums, recorded in 1985. The parking lot is proposed for two of
these lots. No parking for the Hannah Dustin Building users was provided in the application and the
commercial parking lot use will render the Hannah Dustin Building a non-conforming use, without
any Code mandated parking. According to the applicant there is over 5000 square feet of net
leasable area for the Hannah Dustin Building. The Code requires 3 spaces for each 1000 square feet.
Thus, 16 spaces are required to support the Hannah Dustin Building use.
Chris Bendon
City of Aspen Community Development Department Director
November 29, 2004
Page 2
We raised objections to the application at the October 5, 2004, Aspen Planning and Zoning
Commission("PZ") hearing on the conditional use application for various reasons, including the
failure of the application to comply with the above stated Code requirements and its creation of a
non-conformity. During the hearing Comdev staff indicated that although it was correct that there
needed to be parking available to support the Hannah Dustin Building, they did not have a
mechanism to enforce such a requirement and that generally, the City did not restrict landlords from
renting parking spaces required under the zoning to support commercial properties to members of
the public. The PZ appeared troubled by this but due to the Vice-Presidential debate scheduled that
evening, the hearing was adjourned and continued to October 12th, without further discussion ofthis
Issue.
At the October 12, 2004, continued PZ hearing, Mr. Fornell, on behalf ofHAH, withdrew the
application stating that he did not believe any City approval was necessary in order for HAH to
conduct this activity. It has recently come to our attention that HAH is actively advertising for users
of the commercial parking lot.
On November 4, 2004, I wrote to the City Attorney seeking enforcement ofthe Code. A
copy of my letter to him is attached as Exhibit A. In response I received a letter from James Lindt
dated November 16, 2004 (the "Staff Interpretation"), a copy of which is attached as Exhibit B. I
believe the interpretation of the Code set forth in the Staff Interpretation is in error and I request an
appealable interpretation frorn you as to the meaning and application of Section 26.710.180 C, in the
current context.
It is our view that the proscription in Section 26.710.180 C which states that a commercial
parking lot or parking structure must be "independent of required off-street parking" mandates that
all parking spaces that are required by the Code to be provided when an office building is
constructed ("Required Spaces") must remain available to the tenants and persons haYing business at
the office building and cannot be rented to the general public as part of a commercial parking lot
operationO. The policy behind this requirement is a recognition that the Required Spaces are
necessary to mitigate the parking impacts of the office building on-site. The legality of the Code's
required off-street parking provisions is based on the constitutional principle that restrictions on the
free use of property must bear a rational relationship to the purposes to be achieved by the
restrictions. Ifthe Required Spaces are not regulated in a manner that assures they mitigate the
parking generated by the use for which they were required, there would be no legal basis for the
Code's requirement to provide the spaces in the first place. Thus, if the Staff s Interpretation were
given effect, the door would be wide open to challenges to the Code's mandatory parking
requirements.
It is certainly a community goal and policy for development to mitigate its impacts. By not
restricting the use of Required Spaces to the tenants, owners and users of an office building, the
StaffInterpretation ignores this policy. The Staff Interpretation will allow, by fiat, developers of
Chris Bendon
City of Aspen Community Development Department Director
November 29,2004
Page 3
office buildings to actually get two separate uses allowed when an office building is developed _
one use for offices and a second use as a commercial parking operation in the guise of required off-
street parking.
The Staff Interpretation renders the "independent of required off-street parking" requirement
of Section 26.710.180 C meaningless. It is precisely those 16 required off street parking spaces that
HAH is using as its commercial parking facility. So how can the StaffInterpretation possibly be
consistent with the plain language of the Code which requires that the commercial spaces be
independent of the Required Spaces?
The Staff Interpretation turns the Code on its head. Staff says that only the spaces in excess
of the 16 Required Spaces need a conditional use approval. While we agree that those spaces would
require such an approval, by not recognizing that the Code's language prohibits the Required Spaces
from use as a commercial parking facility, the Staff Interpretation allows for the completely
unregulated use of the Required Spaces as a commercial parking facility, with all of the attendant
impacts on the neighborhood ignored. Clearly, the use and traffic pattern of a commercial parking
lot is far different than the impacts of spaces being used by tenants of an office building and their
guests. Under the Staff Interpretation, no review of such impacts will occur. What practical
meaning or application of Section 26.710.180 Cremains?
The Staff rests its interpretation primarily on Section 26.515.020(E) which contains general
requirements for off-street parking but does not state in so many words that there is a prohibition on
the renting of required parking spaces to the general public. The fact that Section 26.515.020(E)
does not affirmatively state that there is a prohibition on renting out Required Spaces to non-tenants
or owners of an office building, does not end the inquiry into the proper interpretation of the Code
because Section 26.710.180 C, which applies specifically to the matter at hand, makes it clear that if
one wishes to rent out spaces for commercial purposes, those spaces must be independent of the
Required Spaces and must have the impacts evaluated as a conditional use. Section 26.710.180 Cis,
in fact, the prohibition that staff says is lacking in Section 26.515.020(E). We are astounded that
staff would chose to ignore the prohibition contained in the Code's section which deals precisely
with the matter at hand because similar language is not found in the more general parking standards
section of the Code.
The Staff Interpretation renders Section 26.425.010 - Conditional Uses, meaningless as it
applies to a commercial parking lot in the Office zone district and allows for a parking lot developer
to completely by-pass the important review process and standards applicable to conditional uses.
As stated in the Code:
Conditional uses are those land uses which are generally compatible with the other
permitted uses in a zone district, but which require individual review of their location,
Chris Bendon
City of Aspen Community Development Department Director
Novernber 29, 2004
Page 4
design, configuration, intensity, and density in order to ensure the appropriateness of
the land use in the zone district. (Section 26.425.010)
It cannot be disputed that the HAH must process this proposed development with the City for
review by the Planning Commission:
Only those uses which are authorized as a conditional use for each zone district in
Chapter 26.710, may be approved as a conditional use. The designation ofa land use
as a conditional use in a zone district does not constitute an authorization of such land
use or act as an assurance that such land use will be approved as a conditional use;
rather, each proposed conditional use shall be evaluated by the Planning and Zoning
Commission for compliance with the standards and conditions set forth in this
Chapter. (Section 26.425.030)
The standards for review of conditional uses must be reviewed by the Planning Commission
in order to satisfy the mandate of the Code. These standards, set forth at Section 26.425.040, are
relevant to the creation of a commercial parking facility and must not be ignored. The developer
must demonstrate that his proposed conditional use:
1. Is consistent with the purposes, goals, objectives and standards of the Aspen Area
Community Plan
2. Is consistent and compatible with the character of the immediate vicinity ofthe parcel
proposed for development and surrounding land uses.
3. Minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties.
4. Includes a commitment by the applicant to supply affordable housing to meet the
incremental need for increased employees generated by the conditional use.
Furthermore, the Planning Commission may impose on any approval, conditions on size,
bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other
similar design features, the construction of public facilities to serve the conditional use, and
limitations on the operating characteristics, hours of operation, and duration of the conditional use.
It seems to us that the StaffInterpretation is not driven by analysis of the Code, but rather by
the lack of enforcement of the Code's parking requirements, by relying on what it states is a
common practice for people to rent out parking spaces to persons who have no business on-site. As
with most enforcement matters, they are complaint driven. It is one thing for the City to chose not to
enforce the Code until someone complains. It is quite another for the City to deflect the complaint
once it is made by ignoring the clear language of the Code. My clients strenuously object to the use
of the property as proposed by HAH and they are entitled to have the Code enforced, as written.
Chris Bendon
City of Aspen Community Development Department Director
November 29, 2004
Page 5
I would appreciate your immediate attention to this matter and please notify me of your
decision, so that if you disagree with our position we will be able to make a timely appeal of it to the
City Council.
Very truly yours,
KLEIN, COTE & EDWARDS, P .C.
~~ --
By: ~/ ~
Herbert S. Klein
Attachment
cc: Clients with art. (via fax)
700 E Hyman condo assn\bendon-interpltr.wpd
II
HERB ERT S. KLEIN
LANCE R. COT~ .
JOSEPH E. EDWARDS, III
MAOHU B. KRISHNAMURTI
hsklein@rof.net
cote@rof.net
jody@vanion.com
madhu@rof.net
Attorneys at Law
"
KLEIN, COTE & EDWARDS, P.C.
.. also admitted In California .
201 NORTH MILL STREET
SUITE 203
ASPEN, COLORADO 81611
Telephone (970) 925-8700
Facsimile (970) 925-39n
November 4, 2004
Via Hand Delivery
John Worcester, Esq.
City of Aspen Attorney
130 S. Galena St.
Aspen, CO 81611
Re: Park Place Commercial Parking Lot
Dear John:
I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the
"Association") concerning Hyman Avenue Holdings, LLC's ("HAH")) intended use of its property
near the corner of Spring St. and E. Hyman A venue, in Aspen, for a commercial parking lot.
The 700 E. Hyman Condominiums are located directly across E. Hyman Avenue from the
proposed parking lot and the Association has serious concerns about the adverse impacts that this
use will have on the neighborhood and the property of its members.
HAH submitted a conditional use application to the City seeking approval for a 20 space
commercial parking lot. The property is in the Office zone district and such use is listed as a
conditional use. Section 26.710.180 C.5 of the City Code, which sets forth the Office (0) zone
district regulations, states with respect to a commercial parking lot as a conditional use as follows:
Commercial parking lot or parking structure that is independent of required off-street
parking, provided that it is not located abutting Main Street; (Emphasis added.)
The parcel involved consists of four townsite lots. These are included in the plat map for the
Hannah Dusting Building Condominiums, recorded in 1985. The parking lot is proposed for two of
these lots. No parking for the Hannah Dustin Building users was provided in the application and the
commercial parking lot use will render the Hannah Dustin Building a non-conforming use, without
any Code mandated parking. According to the applicant there is over 5000 square feet of net
leasable area for the Hannah Dustin Building. The Code requires 3 spaces for each 1000 square feet.
Thus, 16 spaces are required to support the Hannah Dustin Building use.
We raised objections to the application at the October 5, 2004, Aspen Planning and Zoning
Commission("PZ") hearing on the conditional use application for various reasons, including the
failure of the application to comply with the above stated Code requirements and its creation of a
non-conformity. During the hearing Comdey staff indicated that although it was correct that there
.
,
z
i
.
EXHIBIT
A
John Worcester, Esq.
City of Aspen Attorney
November 4, 2004
Page 2
needed to be parking available to support the Hannah Dustin Building, they did not have a
mechanism to enforce such a requirement and that the City did not restrict landlords from renting
parking spaces required under the zoning to support commercial properties to members of the
public. The PZ appeared troubled by this but due to the Vice-Presidential debate scheduled that
evening, the hearing was adjourned and continued to October 12th, without further discussion of this
issue.
At the October 12, 2004, continued PZ hearing, Mr. FornelI, on behalf of HAH, withdrew the
application stating that he did not believe any City approval was necessary in order for HAH to
conduct this activity. It has come to our attention recently that subsequent to the hearing, HAH is
actively advertising for users of the commercial parking lot.
Since the Code is crystal clear as to its requirements and HAH is blatantly pursuing a use that
is in violation of the Code, we request that the City undertake immediate enforcement efforts to
prevent this use until all necessary City approvals are obtained. Prompt action is necessary since
leases for the spaces are being actively pursued by HAH and further delay will complicate the
enforcement efforts and perhaps make it necessary to join tenants in any such action.
I would appreciate your immediate attention to this matter and please notifY me of your
intended course of action.
Very truly yours,
.
KLEIN, COTE & EDWARDS, P.C.
By ~.~~
Attachment
cc: Jim Johnson, Esq. w/o att. (via fax)
Clients w/o att. (via fax)
700 E Hyman condo assn\worcester-enforcltr.wpd
November 16,2004 -
~)bcg)bllW~m
ill NOV 1 7 2004 J1lJ
BltJmn----m
700 E. Hyman Condominium Owners' Association
C/o Herb Kline
Kline, Cote & Edwards, P.C.
201 W. NorthStreet, ste. 203
Aspen, CO 81611
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
RE: 707 E. Hyman Commercial Parking Lot Complaint
Dear Herb:
I am writing this letter in response to the complaint filed by the 700 E. Hyman
Condominium Owner's Association, which I understand you represent, related to' the
parking situation at the Hannah-Dustin Building located at 707 E. Hyman. The
Corrtmunity Development Staff has reviewed the complaint that the owner' of the
Hannah-Dustin Building is operating a commercial parking lot on the vacant land just to
the east of the of the Hannah-Dusting Building without obtaining necessary City
approvals.
In researching the situation, Peter Fornell, a representative for the property owner has
confirmed that they have not leased out more than the sixteen (16) off-street parking
spaces required on the site in conjunction with the development of .the Hannah-Dustin
Building. Additionally, Mr. Fornell indicated that they do not intend to lease out more
than the sixteen (16) required off-street parking spaces. .'
City of Aspen Land Use Code Section 26.515.020(E),Restrictions of use of off-street
parking areas, includes restrictions and prohibitions regulating the use of required off-
street parking. However, the above-referenced code section does not prohibit the leasing
of off-street parking spaces to the general public. Moreover, it is cOnlmon practice
throughout town including the Office and Commercial Core Zone Districts.. for property
owners to lease out required off-street parking spaces to people that do not have busi_ness
on the site of the parkillg spaces being leased.
Given the above discussion, Staff does not feel that 707 E. Hyman Avenue is in violation
of zoning' at this point in that they have not leased out parking spaces that are in excess of
their required off-street parking. It is Staff s opinion that leasing out parking that is in
excess of the required off-street parking would constitute a commercial parking facility
and would necessitate a conditional use approval in the Office Zone District. Therefore,
Staff is not taking enforcement action at this time because leasing required off-street
parking is not prohibited by the land use code. Staff will pay attention to the situation to
ensure that the owner does not lease out more than the sixteen (16) required -off-street
parking spaces.
.
.
,
z
I
.
EXHIBIT
B
130 SoUTH GALENA STR'" . AsPEN. COWRAoo81611-1975 , PHONE 970.920.5090 . FAX 970.920.5439
Prinl~(lnRerycledPaper
If you have any questions regarding this matter, please feel free to call me at 920-5102.
Regards,
James Lindt
Planner
City of Aspen
cc: John Worcester, City Attorney
Sarah Oates, Zoning Officer