HomeMy WebLinkAboutagenda.council.regular.20050314
CITY COUNCil AGENDA
March 14, 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. Special Orders of the Day
a) Mayor and Councilmembers' Comments
b) City Manager's Comments
c) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #12, 2005 - Contract with COOT Maroon Creek Bridge r a-- fl!-
b) Resolution #13, 2005 - Hybrid Vehicle Contract fJ 1'5 - .20
c) Resolution #14, 2005 - Cozy Point South Property Acquisition f> a 1- d.'f
d) Minutes - February 28, 2005
VII. First Reading of Ordinances
a) Ordinance #17,2005 - Code Amendments - Parking P.H. 3/28 p:;), 5- 5S'
b) Ordinance #18,2005 - Galena and Main Subdivision P.H. 4/11 f $1",- ':f5
c) Ordinance #19, 2005 - Sales Tax Bond Refunding 2nd reading 3/16 P t c., - '\ '2.'
VIII. Public Hearings
a) Resolution #15, 2005 - Extension of Vested Rights - Top of Mill of', l;;t ~ - 1':>0
b) Ordinance #11,2005 - Aspen Highlands Villas Zoning .p /5t.:t - 1'3 i-f
c) Ordinance #9, 2005 - Code Amendment - lodge Zone District p / ~ 5 - ~o 'I
d) Ordinance #50, 2004 - Fox Crossing Subdivision P/},o '5- ,:}.31
e) Ordinance #10, 2005 - Code Amendment - Signs continue to 3/28
f) Ordinance #12, 2005 - Code Amendment - Neighborhood/Commercial Zonesp.;!3J. _ a l/-lf
g) Ordinance #13, 2005 - Code Amendments - Miscellaneous land Use \=> ~35 - ;;; 5'1
h) Ordinance #14, 2005 - Charter Amendment - Municipal Court Jurisdiction ~ ~&O - ~&'5'
IX. Action Items
a) May Election Ballot Issues:
Resolution #9, 2005 - Ballot Question Initiated Ordinance - annexation p J..1..t~ - cll.4-lS
Resolution #10, 2005 - Ballot Question Initiated Ordinance - affordable housing P :2.~"t -?oTl
Resolution #11, 2005 - Charter Amendment Ballot Question P d-q- I - ~ 9' 3
Adjournment
Next Regular Meeting March 28, 2005
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
VIa,
MEMORANDUM
TO:
Mayor and Council
Phil Oyereynder, Utility Directo~~ /
Steye Barwick, City Manager ------- ~
FROM:
THRU:
THRU:
John Worcester, City Attorney
DATE:
March 8,2005
RE:
Utility Agreement with CDOT for Maroon Creek Bridge Project
SUMMARY: Approyal of the proposed agreement with CDOT will proYide for construction
of a 12-inch potable water line crossing of Highway 82 and for installation of four 6-inch
conduits beneath the proposed Maroon Creek Bridge for unspecified future uses. Funding for
the potable water line crossing of the highway is part of the infrastructure cost for Burlingame
Village.
A supplemental appropriation of $146,000 from the Electric Fund is recommended to cover
the cost of the conduit installation authorized under this agreement. An unresolyed issue
related to bridge construction is whether Council will wish to proceed with installation of a
reclaimed water line to proYide seryice to the municipal golf course.
PREVIOUS COUNCIL ACTION: Council approyed a water service agreement for the
Bar/X Project, requiring extension of utilities to serye that private development, together with
utility extensions to the proposed Burlingame Village. Part of the required water system for
these projects is a connection to the water transmission main located in the southerly right-of-
way of Highway 82 in the Yicinity of the Maroon Creek Bridge. Council approved a
Memorandum of Understanding with CDOT regarding relocation of pedestrian facilities,
clearing the way for the construction of the highway bridge, beginning in May 2005.
Staff has negotiated with CDOT to construct the Highway 82 water line crossing concurrently
with the reconstruction of the Maroon Creek Bridge, in order to take advantage of traffic re-
routing during construction.
BACKGROUND: The proposed agreement with CDOT proYides for construction of the
potable water line crossing of Highway 82 as described aboye, together with proyision for
blank conduits to be installed under the bridge for future unspecified uses. The design of the
bridge requires proYision for any future utility crossings of Maroon Creek to be planned now.
1
Modifications to the bridge at a later date to accommodate future utility needs will not be
permitted by CDOT. Potential uses of the blank conduits include electrical feed and
distribution lines, communications and fiber optic installations that may be needed over the
design life of the bridge, expected to exceed 80 years.
DISCUSSION: The proposed 12-inch line crossing of Highway 82 will be the primary water
supply to the Bar/X and Burlingame Village deyelopments, and upon completion of later
construction phases, will proYide a second water line to the Airport Business Center. This will
assist in addressing a long-term objectiye to improye seryice to the western portion of the
water seryice area (in the eyent of disruption of the single water transmission main currently in
service).
The proposed cost of $41,311 is estimated to coyer the cost of installing the 12-inch water line
crossing with required connections and controls to proYide for a second water line feed.
The conduit portion of the agreement proyides for four 6-inch conduits to be suspended within
the bridge, with required yault access on either end of the bridge. The estimated cost for the
conduits is $145,162. No funds haye been preYiously appropriated for this purpose.
Current Issues:
. As part of the Burlingame Village Design reyiew, Council requested staff to
inyestigate the feasibility of constructing a reclaimed water system capable of
serving the proposed deyelopment, the municipal golf course and other
landscape intensive uses in the Yicinity. A draft feasibility report has been
prepared and will be presented for Council's consideration in the next few
weeks. In order to de1iyer reclaimed effluent from the Aspen Consolidated
Sanitation District plant to the municipal golf course, an 8-inch water line
crossing the proposed bridge would be necessary. This has not been included in
the current CDOT bridge plans, but could be included as a contract amendment
if both parties agree to install the line. According to the draft feasibility report,
the estimated cost of this line segment crossing the bridge is $95,000. This
amount does not include contingencies and engineering costs, which if applied
at the same rate as the proposed agreement, would add approximately $20,000,
bringing the estimated cost to $115,000.
If the effluent re-use line is not constructed along with the bridge construction,
it is unlikely that the water reclamation project would be feasible at a later date.
The municipal golf course would be the primary water customer for this
project. Without the water line crossing of the bridge, it is unlikely that the
required facilities could be constructed at a later date at a reasonable cost.
FINANCIAL IMPLICATIONS: The potable water line crossing cost of $41,311 has already
been budgeted as part of the Burlingame Village budget. A portion of this cost will be
recoyered from the Bar/X deyelopment, as proyided in the terms of the water seryice
2
agreement for that project. There is no current appropriation for the conduit portion of the
project. A supplemental appropriation in the amount of $146,000 is recommended from the
Electric Fund to cover the cost of the conduit project. Potential future uses as a second
electrical feed line and leasing of space to other utilities (such as communications) haye the
potential of recovering this expense in the future. Eyen with the substantial inyestment
required now, it is unlikely these facilities could be replicated in the future for anything close
to the proposed expenditure.
No current recommendations are made regarding funds for the reclaimed water line crossing
of the bridge. Staff recommends that Council review the feasibility of this project before
making a commitment to constructing this line.
RECOMMENDATION: Staff recommends that Council authorize execution of the cost
reimbursement agreement with CDOT in the amount of $186,473.31, for installation of
conduit and construction of a potable water line crossing of Highway 82.
PROPOSED MOTION: I move to approye Resolution # ~, authorizing approYal of the
cost reimbursement agreement with CDOT.
CITY MANAGER COMMENTS: ~ .L<~Q ('JO ~~'
3
RESOLUTION # JA-
(Series of 2005)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
COLORADO, AND COLORADO DEPARTMENT OF TRANSPORTATION (CDOT),
SETTING FORTH THE TERMS AND CONDITIONS REGARDING WATER LINE
CONSTRUCTION WORK AND CONDUIT CONSTRUCTION WORK ON THE CDOT
MAROON CREEK BRIDGE RECONSTRUCTION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract between the City of
Aspen, Colorado, and CDOT, a copy of which contract is annexed hereto and made a part
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the City Council ofthe City of Aspen hereby approves that contract between the
City of Aspen, Colorado, and CDOT, regarding water line and conduit construction on the
CDOT Maroon Creek Bridge Reconstruction Project, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager ofthe City of Aspen to execute
said contract on behalf of the City of Aspen.
Dated:
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 ofthat resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held
Kathryn S. Koch, City Clerk
,
J
COLORADO DEPARTMENT OF TRANSPORTATION
INCURRED COST (REIMBURSABLE) CONTRACT
Project Sub-Account # (Construction)
15155
Project Number
HB 0821-075
Location
Maroon Creek Bridge
THIS CONTRACT, made and entered into on this _ day of . 20 , is by and between the
State of Colorado for the use and benefit of the Colorado Department of Transportation ("COOT", "the Department", or
"the State") and Citv of Aspen ("Owner").
WHEREAS:
1. The authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Appropriation Code
010, Contract Encumbrance Number (Construction Sub-Account #) 15155; and
2. The required approval, clearance and coordination has been accomplished from and with appropriate agencies;
and,
3. The State anticipates performance of construction Project No. HB 0821-075 for construction of Maroon Creek
BridQe replacement at Mile Post 38.87 - 39.33 on SH 82, hereinafter referred to as "the highway project"; and
4. The highway project necessitates adjustment or relocation of the Owner's facilities, and/or affords the Owner with
the opportunity to construct improvements to its system, hereinafter referred to as the "Work", and is generally
described as follows: Construction of a 6 inch Electrical Conduit Svstem and installation of a 12 inch water line :
and
5. The Owner is responsible for the cost of the Work; and
6. The Owner is willing to reimburse the State for all expenses incurred in performance of the Work; and
7. The State's construction contractor can perform the Work in conjunction with construction of the highway project;
and
8. It is in the public interest for the State and the Owner to consolidate their respective responsibilities and activities
so as to lessen the impact of construction upon the general public; and
9. The State and the Owner desire to consolidate the performance of the Work with the construction of the highway
project. and set forth their respective obligations and responsibilities with respect to the Work and the funding
thereof; and
10. This contract is executed by the State under the authority of 9943-1-110 and 43-1-114, C.R.S. as amended.
NOW THEREFORE, THE DEPARTMENT AND THE OWNER AGREE:
1. The State will provide liaison with the Owner through the State's Region Transportation Director, Region ...Q;L,
located at 222 South 61h Street- Room 301. Grand Junction. CO 81501. Said Director will also be
responsible for coordinating the State's activities under this contract.
2. The Work is described in detail in Exhibit A, "Cost Estimate" and Exhibit B, "Plan Sheets", attached hereto and
made a part hereof.
3. The plans and specifications for the Work, hereinafter referred to as the "highway construction plans", shall be
prepared by the State, shall include any bid items necessary for performance of the work, and shall be made a
part of this contract by reference.
CDOT Form # Rev. 2/03
4. The State will award a construction contract for the highway project, including the Work, pursuant to the
provisions of 924-92-101. et seq., C.R.S., as amended. The State shall be the sole authority for awarding said
construction contract.
5. After the State's highway project has been awarded, the Owner shall give written notification to the State if it
desires any revision of the Work. The State shall then incorporate any mutually acceptable revisions into the
Work, and the Owner shall be responsible for all costs of the revised Work and shall pay such costs in
accordance with the provisions of clause 8, which follows.
6. The State, through its construction contractor, shall perform and complete the Work in accordance with Exhibit
A, Exhibit B, and the highway construction plans. The State will supervise the performance of the Work, which
shall include, but not be limited to, field and office engineering, inspection and materials testing, and traffic
control through the project area.
7. The Owner shall cooperate and coordinate with the State in the performance of the Work. During
construction, a representative of the Owner shall periodically observe the performance of the Work to ensure
that the Owner's interests with regard to the Work are being fulfilled. Upon completion of the Work, the Owner
shall give the State written finai approval of the Work, which approval shall not be unreasonably withheld,
provided that performance of the Work has been done in accordance with Exhibit A, Exhibit B. and the plans,
shall be deemed approved. The Owner's inspector shall report only to the State's engineer and shall not be
involved with the State's construction contractor.
8. The Owner shall reimburse the State for the cost of the Work as set forth in Exhibit A. Totai Work costs shall
include and be expressed as:
a. Physical construction costs, as derived from estimated quantities, at the State's construction
contractor's unit bid prices.
b. Contingencies, expressed as 5.00% percent of the costs in a. above.
c. Construction engineering costs, and the State's indirect costs, expressed as 18.15% percent of the
sum of costs in a. and b. above.
The Owner's share of the Work costs is estimated to be $186.473.31 ,as set forth in the attached Exhibit A,
shall be the maximum amount of the Owner's obligation uniess such amount is increased by a written
supplement to this contract.
9. The Owner has appropriated sufficient funds to pay for the costs of Work that will be compieted within the
Owner's current fiscal year. For Work to be completed in subsequent fiscal years, if any, the Owner shall
make all necessary good faith efforts to effectuate the availability of funds. I n the event funds are not so
appropriated by the Owner, the Owner shall promptly notify the State of such fact.
10. The State will bill the Owner for the total amount to be reimbursed after the highway project has been
awarded. The Owner wili pay the amount billed by the State not later than 60 days after the date such bili is
sent.
11. Interim funds, until the State is reimbursed, will be payable from the Transportation Supplementary Fund
Number 400.
12. The State agrees to make all project records available to the Owner in the event the Owner desires to audit
same for cost verification purposes.
13. The term of this contract shall begin on the date first written above, and shall extend to the date which is three
months after the date of final payment or final audit, whichever is pertinent to this contract, unless earlier
terminated.
14. This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns.
15. The State or the Owner may terminate this contract at any time upon reasonable notice for cause, or
convenience, or if funds become unavailable, provided that the Owner shall pay the State the incurred cost of
actual work performed to date of termination.
2
CDOT Form # Rev. 2/03
16. The Owner represents and warrants that it has taken all actions that are necessary or that are required by its
procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract
on behalf of the Owner and to bind the Owner to its terms.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in triplicate by their
respective officials thereto duly authorized.
ATTEST:
STATE OF COLORADO
BILL OWENS, GOVERNOR
By
By
Chief Clerk
Executive Director
DEPARTMENT OF TRANSPORTATION
OWNER
Citv of Aspen
By
Title:
3
CDOT Form # Rev. 2/03
EXHIBIT A
CITY OF ASPEN - ESTIMATE OF REIMBURSABLE COSTS
SH 82 Maroon Creek Bridge Replacement
HB 0821-075
SA 15155
ELECTRICAL CONDUIT SYSTEM
Calculation of Conduit Required (Carried to Summary Below)
Location Conduit Run (See plans) L.F. per run No. of Runs Total L.F.
Off Bridge AE-1 330 4 1,320
Item 613-01600 AE-2 295 4 1,180
6 inch Elec.
Conduit (Plastic) Total 2,500
On Bridge
Item 613-00607 Suspended within bridge 669 4 2,676
6" Elec. Conduit
(Bridge)(Special)
Summary of Reimbursable Bid Item Costs
Item Number Description Units Quantity Cost/Unit Amount
604-3901 0 Manhole Special (10 foot) EA 2 $5,200.00 $10,40000
613-01600 6 inch Electric Conduit (Plastic) LF 2,500 $25.00 $62,500.00
613-00607 6 inch Electric Conduit (Brdg)(Spec) LF 2,676 $12.00 $32,112.00
613-04020 Hanaer Svstem LS 0.2 $60,000.00 $12,000.00
Sub-Total - $117,012.00
Contingencies @ 5% = $5,850.60
Sub-Total = $122,862.60
Construction Engineering & Indirects @ 18.15% = $22,299.56
TOTAL - $145162.16
WATER LINE
Summary of Reimbursable Bid Item Costs
Item Number Descriotion Units Quantitv Cost/Unit Amount
619-00007 Conneclto Existing Waterline EA 1 $10.000.00 $10,000.00
619-75116 16 inch Gate Valve EA 1 $9,000.00 $9,000.00
619-75096 12 inch Gate Valve EA 1 $1,800.00 $1,800.00
619-06120 12 inch Ductile Iron Pipe LF 125 $100.00 $12,500.00
Sub-Total - $33,300.00
Contingencies @ 5% = $1.665.00
Sub-Total = $34,965.00
Construction Engineering & Indirects @ 18.15% = $6,346.15
TOTAL = $41,311.15
TOTAL ESTIMATED COSTS
Total Estimated Cost of Electrical Conduit System - $145,162,16
Total Estimated Cost of Water Line = $41,311.15
TOTAL = $186,473.31
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MEMORANDUM
TO:
Mayor and Council
FROM:
Jerry Nye
Randy Rea~
Steve Barwick
THRU:
THRU:
DATE:
March 7, 2005
RE:
Contract approval2005-2FM
SUMMARY: Staff recommends approval of the contract 2005-2FM for Fleet Replacement
purchase offour (4) pickup trucks including two hybrid-assist pickups, and one (1) utility van.
PREVIOUS COUNCIL ACTION: City Council approved this purchase in the 2005 Fleet
Replacement Plan as part of the Asset Management Plan.
BACKGROUND: This purchase is the result of the Colorado State Bid process in which
Dellenbach Motors was awarded the bid for pickups and cargo vans.
DISCUSSION: In this year's yehicle replacement schedule we are replacing four 3/4 ton 4x4
pickups and one utility work van. Two ofthe 3/4 ton 4x4 pickups are replacements for the
Street Department. The Parks Department will be replacing one 3/4 ton 4x4 pickup and one
utility work van, and the Electric Department will be replacing one 3/4 ton pickup as well. We
will be down sizing these % tons and replacing them with lighter and about 12% more fuel-
efficient Y, ton 4x4 pickups. Staff has researched these fleet replacement prospects and feels that
the lighter duty 1/2 ton 4x4 pickups will be able to perform the needed duties and also let staff
use more fuel-efficient and economically sized vehicles to get the job done.
Staff discussed the need for departments to occasionally haul heavy loads of materials or to
trailer a heavy piece of equipment that would be too heavy for the smaller lighter duty 1/2 ton
pickups. Staff can adequately plan around those needs and be able to use one of the larger
vehicles that already exist in the fleet for a specific heavy-duty task.
Along with the downsizing of these 3/4 tons to 1/2 tons, staffis also requesting that two of the
3/4 ton pickups be replaced with 1/2 ton hybrid-assist vehicles. One of the hybrid assist pickups
will be replacing one of the 3/4 ton Street Department pickups and the other will be a
replacement for the % ton pickup in the Electric Department.
The General Motors' pickups are Hybrid Assist Only, which means they work in conjunction with
the same 5300-vortec V8 engines that are currently used in their gasoline trucks. The Hybrid
Assist system engages only if the vehicle is going under 13 miles per hour. The V8 gasoline
engine automatically kicks in once the vehicle goes oyer 13 miles per hour. Under 13 miles per
hour, the gasoline engine automatically shuts off, and the Hybrid system kicks in. It is equipped
with an electric hydraulic power pack, which allows the power brakes and steering to work when
the hybrid technology is engaged and two 120-volt outlets both inside the cab and in the back.
GM is estimating a 10 to 15% increase in fuel efficiency.
The GM hybrid-assist full size pickup will be suitable replacements for many of the City's fleet
trucks. It will increase fuel efficiency while offering the same towing and grade climbing
capability as conventional 1/2 ton pickups with gasoline engines. Training on the hybrid system
will be necessary for the operators and fleet mechanics and the 120-volt outlets will come in
handy when electric tools are needed on jobsites.
The hybrid-assist vehicles have Super Ultra Low Emission Vehicle (SULEV) certification,
improved fuel efficiency, lower C02 emissions, the same power as a conventional V8 engine for
towing and grade climbing, 120-volt electrical outlets, and the ayailability in four-wheel drive.
The price for the hybrid-assist pickups is substantially higher than that ofthe regular pickups.
The additional cost for a hybrid-assist vehicle is $8,476 on top of the price per pickup with
standard requested options 01'$19,381, bringing up the total price for the hybrid-assist to
$27,857.00 per hybrid-assist pickup. The purchase oftwo hybrid-assist yehicles at this time is
based on the manufacturer's best estimate of yehicle availability this fall. It will also allow us to
test these vehicles to make sure that they are appropriate for City fleet use before we purchase
more and expend the additional cost for the new technology.
FINANCIAL IMPLICATIONS: The fleet replacement budget for 2005 for all five of these
vehicles totals $116,000 before trade-ins. We estimated $32,500 for trade in value for a total net
cost to the City of $83,500.00. The actual cost for this contract before trade-ins is $104,834.00.
The actual trade-in value is $43,400.00, which brings us to the below-budget contract price of
$61,434.00 for two hybrid-assist 1/2 ton pickups, two 1/2 ton 4x4 pickups and one utility cargo
van.
The 2005 Asset Management Plan contains the approved budget for these vehicle replacements.
RECOMMENDATION: Staff recommends the approyal of the contract 2005-2FM for the
, purchase of two hybrid pickups, two regular pickups and one utility cargo van outlined above.
PROPOSED MOTION: "I move to approve Resolution #
On the consent calendar of Monday k,!JJtlU,. t If
13
of 2005
2005
,.,
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j
03/10/2005 11:19
001
DELLENBACH MOTORS
PAGE 02
'>0'
: ,~:,". ,
SUPPLY PROCUREMENT AGREEMENT
CITY OF ASPEN BID NO. 2005 - 2FM
"\;.', . ( ,':-i.:>.':'
"'THIS 'AGREEMENT made andenter6d into, this 24th'. day " In'-"'j:feimJarv
.of 2005, by and between the City of Aspen, Colorado, hereinafter referr8d to nthe "CftY"and
Dellenbach Motors. hereinafter referred to as the "Vendor,"
._.U' , '.
. .....:
,
'WITNESSETH, that' whereas the City wishes to '.:'p~~h#e,
Four (4) Y.. ton Pickuos (2\ beina hv-brid's and (1\ . eareo' Van.
Hereinafter called the UNIT(S), In aecordance with the terms and conditions outlined in the
. Contnlc,t .DOcUments and any assoclated Specifications, and Vendor wishes to sell laid UNIT to
the qiiY aupecffled In Its .BId. .', . . .' .' .' ..' . .
NOW, THEREFORE, the City and the Vendor, for the considerationl hereinaflerset forth,
agree.._f~U~: '.' "':';' ',.,1,,' ~ "'. -'.'fe'~:
;_'.~,'7"_:.>.,.. ~.',:',_: . . ",,','.. " ",. ',. ,.1 ,:, "'""\_' ~,t.,_".:."
" ,),,:,~ PUrChase.Ven.dor agrees to sell and City agrees to purchase lI\~;qNlr(S) El'.\iiiacrlbed
m .in the' Contract Oocuments.and . more specifically In Vendor's Bi!:l'f~nhe ::s~i1j;:Of _
Si~.One Tlioui_nd. Four Hundred Thlrtv Four and no cents dollars. ($ 81:434,ool. ':,:',._:~~", '..
'. " . - . " . . -,' . ~", .. _,' : : I .., ' . . ' """': .,; ,- " .
.'...2:beli~;;,:(FOB 1080 PoWeR PLANT RD. ASpeN, CO,) . ."';-' ....;.;::..
, . ,~ . ,- . ,. . I' .' " ,""
3. Cantract Documen1ll, Thl, Agreement shall Include all Contract Documents as the same
are lilted in the Invitation to Bid and said Contract Cocumentl; are her1lby made a part of this
Agreement as, if fully set out at lef'lgth ~erein, . . .
,--'" ..' I
. \ Warranties. A full description of all warranties aesocial~ with thi$ purCtl~:s8 shall
. accolllpany, this contract document.
. . . . "
5. Successors and ~lIsiam. This Agreement and all of the covenants h.niOf ahan Inure to
the .tlel;l~t of and be binding upon the City and the Vendor ~e1Ively and.their.gents,
. re~/itatlves, employ.., IUCCIIIOrt, assigns and legal r1lp,..ntativa. ;;:Ne~ :t~ City. nor
,th~~endo,i,.. '.,r,:~,h.al ._1 ,hive, thet~hth t~~ss. 19li, transfer or 8\.lb,let itil 'irrtijreat" 9I:~~I~~",',..'.~.J;.Il1l.., ',tIH", ~er
.' withl'Ut w""r""""1'l conll8n"1ot e OWl,", party. . ' , .; -, ":J>i,.~';I.;"v,'."c '
, "
. ., " " .,' 1,'-' ';' ~":I-'L "i',-;; ~ :.: ,
" . . . .' "'1"", ,..,
. 8. Third Parties. This Agreement does not and shall not be deemed or co~sWef\9.,~!'lfer
upon or grant to any third party or parties. except to parties to whom Vendor or City-may- 8sSIgn
this Agreement in accOrdance with the specific written permi$llon, any r1ghl$toclaim damages or
to bring ,any suit, action or otherproceading against either the City 'orVendC, r beca~, 9' any
. breaCh hereof or because of any Of the terms, covenanta, agreementi or condItlOti,,:hlireln
. I' '. d' . .' , : .' . .'/ ,~.I;-"I~:,' ,
contane. . ""'J""'~"(
. -,.'" ','
. , '
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.DOC
, j:,~'''''
03/10/2005 11:19
001
DELLENBACH MOTORS
PAGE 03
'\
"'\
8. Aareement Made in ColoradQ. 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. Altornev'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 Presumotion. 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 Reoardino Debarment. Susoension. Inelioibilltv and Yoluntarv Exclusion.
Vendor certifies, by acceptance of this Agreement, that ne~her 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 ~ did include this clause w~hout modification in all iower tier
transactions, solicitations, proposals. contracts and subcontracts. In the event that vendor 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 Aoalnst Continoent 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, approyal, 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 malter, pertaining to this Agreement, or to any solicitation or
proposal therefor.
Vendor represents that no officiai, 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.
i-PURCH.DOC
03/10/2005 11:19
001
DELLENBACH MOTORS
PAGE 04
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:
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 saie 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 determ ine
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
availabie. if this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon t~e availability of of those funds for
payment pursuant to the terms of this Agreement.
15. City Council Aooroval. If this Agreement requires the City to pay an amount of money
in excess of $10,000.00 it shail not be deemed valid untii 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 sexuai 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 municipai code, section 13-98, pertaining to non-
discrimination in employment. Vendor further agrees to compiy 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. Inteoration and Modification. This written Agreement aiong with ail Contract
Documents shall constitute the contract between the parties and supersedes or incorporates any
prior written and orai 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 Reoresentative. The undersigned representative of Vendor, as an
inducement to the City to execute this Agreement, represents that he/she is an authOrized
representative of Vendor for the purposes of executin9 this Agreement and that he/she has full
and complete authority to enter into this Agreement for the terms and conditions speCified herein
~-~URCH.DOC
03/10/2005 11:19
001
DELLENBACH MOTORS
PAGE 05
......"..
-'"
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:
By: City Manager
ATTEST:
City Cieri<
VENDOR:D-cu.."" ""~-1:A l'Y\0-to I\..Sl
By: ~.~-~:,~{(:/
Title. h~t;:"t Q\\(j r
7-~URCH.DOC
V l c...
MEMORANDUM
TO:
Mayor and Council
FROM:
Brian Flynn, Open Space and Special Projects Manager
THRU:
Stephen Ellsperman, Deputy Director Parks and Open Space
THRU:
Steve Barwick, City Manager
DATE:
March 7, 2005
RE:
Cozy Point South Property Acquisition
SUMMARY: Pitkin County Open Space and Trails and the City of Aspen formally
submitted a Great Outdoors Colorado (GOCO) grant application on March 1st, 2005,
requesting the amount of $750,000 for the acquisition of Cozy Point South. Pitkin
County has formally requested that the City of Aspen contribute $100,000 in funds for
the purchase of the property. This contribution will show the regional importance of the
property and provide an important collaboration outlined below. The Open Space
Board and staff formally requests and recommends the approval of City Council for the
appropriation of $100,000 for the Cozy Point South acquisition.
PREVIOUS COUNCIL ACTION:
In a meeting, held March 1,2005, between City Council and the City Open Space and
Trails Board, City Council approved the allocation of $100,000 for the purchase of Cozy
Point South as a co-applicant for a Great Outdoors Colorado Grant.
BACKGROUND: An executive session held on February 8, 2005, between City
Council and the Open Space and Trails Board, provided direction to the Board
regarding land acquisitions for the area referred to as the Entrance to Aspen. The
Entrance to Aspen land acquisitions consist of the129-acre Cozy Point South property
and the 35-acre Aspen Mass parcel. City Council directed staff and the Open Space
and Trails Board to pursue an option for preservation of these properties in which the
City of Aspen would purchase Aspen Mass and Pitkin County would purchase Cozy
Point South. There were multiple benefits to this acquisition scenario which were
agreed upon by all in attendance.
Pitkin County recently began exploring the potential for assistance on the purchase of
Cozy Point South from Great Outdoors Colorado and it was discovered that there was
an excellent potential for funding from this entity. As with all Great Outdoors Colorado
(GOCO) funded projects, collaboration between many regional entities is often the key
to successful funding. Pitkin County Open Space and Trails and the City of Aspen
formally submitted a grant application on March 15\ 2005, requesting the amount of
$750,000 for the acquisition of Cozy Point South. Pitkin County has formally requested
that the City of Aspen contribute $100,000 in funds for the purchase of the property.
DISCUSSION: The Open Space and Trails Board is in strong support of this request
for funds and has identified multiple benefits to this grant request partnership. Being a
strong partner in the acquisition of Cozy Point South would be a great success for the
Open Space Program, and the expenditure of these funds would help secure the City of
Aspen's useable water rights for Cozy Point North or the Aspen Mass Parcel. The most
recent strategy to preserve the properties discussed at the recent executive session
could easily be modified to take the contribution of the $100,000 to Cozy Point South
into account.
FINANCIAL IMPLICATIONS: $100,000 out of the Open Space Fund. This amount will
not affect the Board's ability to contribute and or purchase other properties previously
identified for acquisition. Negotiations on the final funding scenario for the Entrance to
Aspen acquisitions will be moving forward on March 15th at a joint work session with the
BOCC. The City of Aspen's $100,000 contribution will be considered in the final
financial outlay of acquisition for the areas.
RECOMMENDATION: The Open Space Board and staff formally requests and
recommends the approval of City Council for the contribution of $100,000 for the Cozy
Point South acquisition.
ALTERNATIVES: None known.
PROPOSED MOTION: "I move to approve Resolution ~tgranting the allocation of
$100,000 from the Open Space Fund for the purchase of Cozy Point South and as a
co-applicant in a Great Outdoors Colorado Grant"
RESOLUTION NO. Jt
(SERIES OF 2005)
RESOLUTION APPROVING AND GRANTING A ONE HUNDRED THOUSAND
DOLLAR APPROPRIATION ($100,000.00) FROM THE OPEN SPACE FUND
TOWARDS THE PURCHASE OF COZY POINT SOUTH (AS A CO-APPLICANT
IN A GREAT OUTDOORS COLORADO GRANT).
WHEREAS, a meeting held on February 8, 200S, between the Aspen City Council and
the Open Space and Trails Board provided direction to the Board regarding land
acquisitions for the area referred to as the Entrance to Aspen, and
WHEREAS, the Entrance to Aspen land acquisitions consist of the 129-acre Cozy Point
South property and the 3S-acre Aspen Mass parcel, and
WHEREAS, City Council directed staff and the Open Space and Trails Board to pursue
an option for preservation of these properties in which the City of Aspen would purchase
Aspen Mass and Pitkin County would purchase Cozy Point South, and
WHEREAS, Pitkin County explored the potential for assistance on the purchase of Cozy
Point South from Great Outdoors Colorado, and
WHEREAS, Pitkin County Open Space and Trails and the City of Aspen formally
submitted a grant application on March 1, 200S, requesting the amount of$7S0,000 for
the acquisition of Cozy Point South, and
WHEREAS, Pitkin County formally requested that the City of Aspen contribute
$100,000 in funds for the purchase ofthe property, and
WHEREAS, in a meeting with City Council and the City Open Space and Trails Board,
held March 1, 200S, the Council approved the allocation of$100,000 out of the Open
Space Fund for the purchase of Cozy Point South as a co-applicant for a Great Outdoors
Colorado Grant, and
WHEREAS, the Open Space and Trails Board is in strong support of the request, and
WHEREAS, negotiations on the final funding scenario for the Entrance to Aspen
acquisitions will be moving forward on March lSth at a joint work session with the
BOCC, and
WHEREAS, the Open Space Board and City staff are formally requesting and
recommending that City Council appropriate $100,000 for the Cozy Point South
acquisition, and
WHEREAS, the appropriation will be in the best interests ofthe City and will not affect
the Board's ability to contribute to or purchase other properties previously identified for
acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
That the City Council of Aspen, Colorado, hereby approves and grants the appropriation
of one hundred thousand dollars ($100,000.00) from the Open Space Fund towards the
purchase of Cozy Point South (as a co-applicant in a Great Outdoors Colorado grant).
Dated this _ day of March, 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 the resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held on March _, 200S.
Kathryn S. Koch, City Clerk
MEMORANDUM
VI' a,
TO:
Mayor Klanderud and Aspen City Council
FROM:
John Worcester, City Attorney
Chris Bendon, Community Development Director~
Parking Code Amendment
First Rcading of Ordinance No. {1-; Series of 2005
Second Reading Scheduled for Ml;'";ch 28,2005
THRU:
RE:
DATE:
March 14,2005
SUMMARY:
This proposed ordinance updates the Parking Chapter of the Land Use Code
consistent with direction from City Council during a recent work session. The
proposal focuses on the bigger picture of mobility by leveraging the City' parking
requirements. Aspen has a long tradition of promoting alternate transportation
methods. To require on-site parking is counter to this philosophy as it promotes
driving to downtown. Parking takes-up very valuable ground floor commercial space
and with the relatively small downtown lots, parking quickly becomes the main factor
of a development. Parking is a significant barrier to development and redevelopment
of these smaller lots.
The aesthetics of parking is also counter to traditional townsite development. Aspen
is fortunate to have little on-site surface parking downtown and enjoys a pedestrian
orientation. Providing payment-in-lieu options will enable the City to fund programs
that enhance mobility. This could be in-town transit, car-share programs, or other
ideas that the Transportation Department brings forward that require funding.
The most critical area for this parking discussion is the immediate downtown - the
CC and C 1 districts. P &Z, along with staff, feel that on-site parking should not be
encouraged in this area as this area should be as pedestrian-oriented as possible.
Staffis recommending the following parking strategy:
. Equalizing the commercial parking ratio to 1.5 spaces per 1,000 sq. ft. of net
leasable space.
. Allowing cash-in-lieu to be an easier option for developers. Currently, this
requires a P&Z review. Staff is recommending this be permitted outright for
commercial and mixed-use development.
. Maintaining the cash-in-lieu fee at the current $15,000 per space figure to
minimize the barrier of redevelopment.
. Allowing cash-in-lieu to be used by the City with greater flexibility.
Currently, the City can only spend these funds on building additional parking.
1
Programs like the car share program and in-town transit address mobility and
should be funded to a greater degree.
. Eliminating parking requirements for residential and lodging development in
the CC and C1 Zones. The biggest barrier to residential development above
commercial space is parking. Staff has met with several developers and the
significance of this barrier cannot be overstated - it's a "deal-breaker."
Otherwise, the parking requirements preclude on-site affordable housing
options, counter to the basic mixed-use philosophy.
Council requested additional information on how other communities are approaching
parking. Attached is some initial research and staff will provide more upon second
reading. The Portland, OR, example implements parking maximums. This is an
aggressive approach to limiting parking, but Portland has been successful in reducing
single-occupant vehicle trips.
The proposed Ordinance also addresses Commercial Parking Facilities. The current
code is a little unclear as to what qualifies as a commercial facility. Staff has
reworked this and is prosing that two characteristics are necessary for a parking
facility to be considered a commercial facility: I) The parking is used on a short-term
basis. Staff is prosing this be anything less that one month. This will catch
operations that lease on an hourly or daily basis but not those that lease on a long-term
basis. 2) The facility is a stand-along commercial venture. This would exempt
parking that is accessory to a use, even if the parking were short-term. For example:
parking at one of the grocery stores would not be considered a commercial parking
facility just because it is short-term parking.
Staff believes this definition is better suited for regulating potential Commercial
Parking Facilities. This won't interfere with existing long-term parking leases in
town and will not interfere with short-term parking for guests, patrons, etc. of
businesses. This specifically focuses on the potential for short-term parking
operations that are independent commercial ventures.
Staff recommends adoption of Ordinance No. t+, Series of 2005, upon first
reading.
RECOMMENDED MOTION:
"I move to approve Ordinance No. ~ Series 01'2005, upon first reading."
A TT ACHMENTS:
A - Review Criteria
B - Council Work Session Summary
C - Research on parking policies of other communities
2
ORDINANCE NO. Cr
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.515 - OFF-
STREET PARKING AND SECTION 26.104.100 - DEFINITIONS 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 (ajoint 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.
. rejuvenatio!l 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 ofthe 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,
WHEREAS, the amendments herein relate to the following Section of the Land
Use Code, Title 26 of the Aspen Municipal Code:
26.515 ~ Off-Street Parking
26.104.1 00 - Definitions; 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 1, 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 26.515, Off-Street Parking, which Chapter describes requirements for the
provision of off-street parking associated with development, shall read as follows:
Chapter 26.515
OFF-STREET PARKING
Sections:
26.515.010 General provisions.
26.515.020 Characteristics of off-street parking spaces
26.515.030 Required number of off-street parking spaces.
26.515.040 Special review standards.
26.515.050 Cash-in-Lieu for mobility enhancements
26.515.010 General provisions.
A. General requirements. All development shall be provided with off-street parking
as provided in this Chapter.
B. Requirements for expansion/redevelopment of existing development. No
development shall reduce the number of existing off-street parking spaces below the
minimum number of existing spaces required herein for that development, unless
expressly exempted by this Chapter. If existing development is expanded, additional 01'1'-
street parking spaces shall be provided for that increment of the expansion as if it is a
separate development. An existing deficit of parking may be maintained when a property
is redeveloped.
C. Off-street parking calculation. All requirements for off-street parking for
residential dwellings and lodges shall be calculated based on the number of units.
Requirements for off-street parking for commercial uses shall be calculated based on the
net leasable area of the structure or use. Requirements for all other land uses not
considered residential, lodging, or commercial shall be established by Special Review.
D. Required number of spaces when fractional spaces computed. When any
calculation of off-street parking results in a required fractional space, said fractional
space may be paid through a cash-in-lieu payment or an entire space may be provided on
the site.
E. Commercial Parking Facilities. When a parking facility is proposed to function
as a Commercial Parking Facility, as such terms are used herein, review and approval
shall be according to Section 26.430 - Special Review - and the review standards of
Section 26.515.040 - Special Review Standards. Development of such a facility may
also require Conditional Use Review in some zone districts. Also see definition of
Commercial Parking Facility, Section 26.104.100.
26.515.020 Characteristics of off-street parking spaces.
A. General. Each oft~street parking space shall consist of an open area measuring
eight and one-half (8 1/2) feet wide by eighteen (18) feet long and seven (7) feet high
with a maxi!nwn slope of twelve {12)per(:eptiJ.1.a.ny0l1(\.dlteetiQnc Each parking space,
except those provided for detached residential dwellings and duplex dwellings, shall have
an unobstructed access to a street or alley. Off-street parking provided for multi-family
dwellings which do not share a common parking area may be exempted from the
unobstructed access requirement subject to special review pursuant to Chapter 26.430 and
the standards set forth at Section 26.515.040, below. No driveway shall exceed a
maximum slope of twelve (12) percent within twenty (20) feetofa property line
bordering a public or private right-of-way. Off-street parking must be paved with all
weather surfacing or be covered with gravel. For residential development, a grass-ring or
grass-paver type surface may be used. All parking shall be maintained in a usable
condition at all times.
B. Location of off-street parking. Off-street parking shall be located on the same
parcel as the principal use or an adjacent parcel under the same ownership as the lot
occupied by the principal use. For all uses, parking shall be accessed from an alley or
secondary road, where one exists unless otherwise established according to this Chapter.
C. Detached and duplex residential dwelling parking. Off-street parking provided
for detached residential dwellings and duplex dwellings are not required to have
unobstructed access to a street or alley, but shall not block access of emergency apparatus
to the property or to structures located on the property. This allows for "stacking" of
vehicles where one vehicle is parked directly behind another.
D. State Highway 82 off-street parking. All parking required for uses fronting State
Highway 82 shall, if an alley exists, be provided access off the alley and shall not enter or
exit from or onto State Highway 82.
E. Restrictions on use of off-street parking areas. No off-street parking area shall
be used for 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. Parking spaces shall be used for the parking
of vehicles and shall not be used for non-auto related uses such as storage units or trash
containers. Parking spaces may only be used as a Commercial Parking Facility if
approved for such use. See Section 26.515.010(E) and the definition of Commercial
Parking Facility, Section 26.104.100. Commercial Parking Facilities shall require special
review approval and may also require conditional use approval in some zone districts.
F. Surface Parking. Surface parking is prohibited or requires conditional use
review as a principal use of a lot or parcel in some zone districts. For surface parking of
eight (8) or more spaces, parking areas shall include one (1) tree with a planter area of .
twenty (20) square feet for each four (4) parking spaces. Planter areas may be combined,
but shall be proximate to the parking spaces. The Planning and Zoning Commission may
---~-----'-" .,
waive or modify this requirement on a per case basis. Parking within structures is exempt
from this landscaping provision.
G. Restrictions on drainage, grading and traffic impact. Off-street parking spaces
shall be graded to insure drainage does not create any tlooding or water quality problems
and shall be provided with entrances and exits so as to minimize traffic congestion and
traffic hazards.
H. Restrictions on lighting. Lighting facilities for off-street parking spaces, if
provided, shall be arranged and shielded so that lights neither unreasonably disturb
occupants of adjacent residential dwellings or interfere with driver vision. All outdoor
lighting shall comply with the Outdoor Lighting Regulations, Section 26.575.150.
26.515.030 Required number of off-street parking spaces.
Off-street parking spaces shall be provided for each use according to the schedule, below.
Whenever the off-street parking is subject to establishment by adoption of a Planned Unit
Development Final Development Plan, that review shall be pursuant to Section 26.445,
Planned Unit Development. Whenever the parking requirement shall be established
through a Special Review, the standards and procedures set forth at Section 26.515.040,
below, shall apply. Whenever the parking requirement may,be provided via a payment in
lieu the standards and procedures set forth at Section 26.515.050, below, shall apply. An
existing deficit of parking may be maintained when a property is redeveloped.
Use: Aspen lnfill Area: All Other Areas:
Commercial: 1.5 spaces per 1,000 net leasable 3 spaces per 1,000 net
square feet of commercial space. leasable square feet of
100% may be provided through a commercial space.
payment-in-lieu.
Residential- Lesser of one space per bedroom or Lesser of one space per
Single-Family and two spaces per unit. Fewer spaces bedroom or two spaces per
Duplex: may be approved, pursuant to unit.
Section 26.430, Special Review and
according to the review criteria of
Section 26.515.040.
Residential- One space per unit. Fewer spaces One space per unit. Fewer
Accessory Dwelling Units may be approved, pursuant to spaces may be approved,
and Carriage Houses: Section 26.520, Accessory Dwelling pursuant to Section 26.520,
Units and Carriage Houses. Accessory Dwelling Units and
Carriage Houses.
Use: Aspen lnfill Area: All Other Areas:
Residential - One space per unit. Fewer spaces Lesser of one space per
Multi-Family (as a single may be approved, pursuant to bedroom or two spaces per
use): Section 26.430, Special Review and unit.
according to the review criteria of
Section 26.515.040.
Residential - One space per unit. 100% may be One space per unit. Fewer
Multi-Family within a provided through a payment-in-lieu. spaces may be approved,
mixed-use building: No requirement for residential units pursuant to Section 26.430,
in the CC and C I Zone Districts. Special Review and according
to the review criteria of
Section 26.515.040.
Hotel/Lodge: .5 spaces per unit. Fewer spaces may .7 spaces per unit. Fewer
be approved, pursuant to Section spaces may be approved,
26.430, Special Review and pursuant to Section 26.430,
according to the review criteria of Special Review and according
Section 26.515.040. No requirement to the review criteria of
for lodging units in the CC and C I Section 26.515.040.
Zone Districts.
All Other Uses: (civic, Established by Special Review Established by Special
cultural, public uses, according to the review criteria of Review according to the
essential public facilities, Section 26.515.040. review criteria of Section
child care centers, etc.) 26.515.040.
For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures,
fewer spaces may be provided and/or a waiver of cash-in-lieu fees may be approved,
pursuant to Section 26.430, Special Review and according to the review criteria set forth
below.
For lodging projects with flexible unit configurations, also known as "lock-off units",
each separate "key", or rentable division, shall constitute a unit for the purposes of this
section.
For projects with parking requirements in multiple categories (residential, commercial,
lodging, or other), the provision of on-site parking may be approved to satisfy the
requirements for each use concurrently pursuant to Section 26.430, Special Review and
according to the review criteria set forth below. (For example: A project comprised of
commercial use requiring 5 parking spaces and lodging use requiring 5 parking spaces
may be approved to provide less than 10 total parking spaces.) This shall not apply to
parking which is provided through a payment-in-lieu.
26.515.040 Special Review Standards.
Whenever the off-street parking requirements of a proposed development are subject to
Special Review, an application shall be processed as a Special Review in accordance with
the Common Development Review Procedure set forth in Section 26.304, and be
evaluated according to the following standards. Review is by the Planning and Zoning
Commission.
If the project requires review by the Historic Preservation Commission and the
Community Development Director has authorized consolidation pursuant to Section
26.304.060.B, the Historic Preservation Commission shall approve, approve with
conditions, or disapprove the Special Review application.
A. A Special Review for establishing, varymg, or WaIvmg off-street parking
requirements may be approved, approved with conditions, or denied based on
conformance with the following criteria:
1. The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on-street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
2. An on-site parking solution meeting the requirement is practically difficult or
results in an undesirable development scenario.
3. Existing or planned on-site or off-site parking facilities adequately serve the needs
of the development, including the availability of street parking.
B. A Special Review to permit a Commercial Parking Facility may be approved,
approved with conditions, or denied based on conformance with the following criteria:
I. The location, design, and operating characteristics of the facility are consistent
with the Aspen Area Community Plan.
2. The project has obtained growth management approvals or is concurrently being
considered for growth management approvals.
3. The location, capacity, and operating characteristics, including affects of
operating hours, lighting, ventilation noises, etc., of the facility are compatible
with the existing land uses in the surrounding area.
4. Access to the facility is from an acceptable location that minimizes staging
problems, conflicts with pedestrian flow, conflicts with service delivery, and
elimination of on-street parking.
5. The proposed style of operation is appropriate (manned booth, key cards, etc.).
6. The massing, scale, and exterior aesthetics of the building or parking lot IS
compatible with the immediate context in which it is proposed.
7. Where appropriate, commercial uses are incorporated into the exterior of the
facility's ground floor to mimic conventional development in that zone district.
26.515.050 Cash-In-Lieu for Mobility Enhancements
A. General. The City of Aspen conducted a parking facility analysis in the Fall of
200 I and determined the costs associated with developing new parking facilities to serve
the demands of development. While not all potential facilities represented the same
potential expenditure, facilities considered likely to be developed by the City of Aspen
required an expected $25,000 to $40,000 per space to develop in 2001 dollars.
Parking serving commercial and mixed-use development is a public amenity and serves
the mobility of the general population. As such, the mobility needs of the general
population can be improved through various means other than the provision of on-site
parking spaces.
B. Cash-in-lieu. A cash-in-lieu payment, for those types of development authorized to
provide parking via cash-in-lieu, may be accepted by the Community Development
Director to satisfy the off-street parking requirement as long as the following standards
are met:
I. Amount. In developments, where the off-street parking requirement may
be provided via a payment in lieu, the applicant shall make a one-time only
payment to the city, in the amount of fifteen thousand dollars ($15,000.00) per
space. A pro-rated payment shall be made when a portion of a space is required.
2. Time of payment. The payment-in-lieu of parking shall be due and
payable at the time of issuance of a building permit. All funds shall be collected
by the Community Development Director and transferred to the Finance Director
for deposit in a separate interest bearing account.
3. Use of Funds. Monies in the account shall be used solely for the
construction of a parking facility, transportation improvements including vehicles
or station improvements, transportation demand management facilities or
programs, shared automobiles or programs, and similar transportation- or
mobility-related facilities or programs as determined appropriate by the City of
Aspen.
4. Refunds. Fees collected pursuant to this section may be returned to the
then present owner of the 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 Council shall have earmarked the funds for
expenditure on a specific project. in which case the time period shall be extended
by up to three (3) more years. To obtain a refund, the present owner must submit a
petition to the Finance Director within one year following the end of the seventh
(7th) year from the date payment was received by the City of Aspen.
For the purpose of this section, payments collected shall be deemed spent on the
basis of the first payment in shall be the first payment out. Any payment made for
a project for which a building permit is revoked or cancelled, prior to
construction, may be refunded if a petition for refund is submitted to the Finance
Director within three (3) months of the date of the revocation or 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, that the
development shall not commence without full compliance with this Chapter, and
by a copy ofthe dated receipt issued for payment of the fee.
5. Periodic Review of Rate. In order to insure that the payment-in-lieu rate is
fair and represents current cost levels, it shall be reviewed periodically. Any
necessary amendments to this section shall be initiated pursuant to section
26.310.020, Procedure for Text Amendment.
Section 2:
Section 26.1 04.1 00 - Definitions, which Section defines terms used in the City of Aspen
Land Use Code, shall be amended to include the following term and definition:
Commercial Parking Facility: The use of a parcel or structure for the short-
term parking of automobiles as an independent commercial venture. Lease
periods of less than one month shall constitute short-term parking and shall be
considered Commercial Parking Facilities. Leasing of off-street parking spaces to
tenants, guests, patrons, or the general public for periods of one month or more
shall not constitute a Commercial Parking Facility. When the use of off-street
parking spaces by tenants, guests, patrons, or the general public, is accessory to an
on~site business or operation and is not an independent commercial venture, the
parking shall not be considered a Commercial Parking Facility. Commercial
Parking Facilities may require conditional use approval or special review approval
in some zone districts. Public parking facilities owned by a public agency shall
be considered "public uses."
Section 3:
This Ordinance shall not atlect 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 shall be held on the 28th day of March, 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of March, 2005.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. K1anderud, Mayor
Approved as to form:
City Attorney
Bendon-C: IhomelinfiIIIParkingIParking-Ordinance.doc
Exhibit A
Parking Amendments
STAFF COMMENTS: Text Amendment
Section 26.310.040, Standards ApplicabIe 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 Parking code amendments are to encourage the development of higher
intensity development in areas that can support such intensity with existing infrastructure.
Areas within the Infill Area (Aspen mountain to the rivers) can support higher levels of
development intensity and lower level of on-site parking. This is largely due to the
presence of street parking, which can accommodate overflow needs, and the pedestrian
orientation of this older portion of the City. 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 cont1ict 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 parking regulations are supported by the AACP.
There are many references to restricting the amount of additional parking in town and
minimizing the affects of more automobiles coming into town. High parking ratios
require infrastructure serving the automobile and this enables more cars to come into
town - counter to the specific goal of limiting trips across the Castle Creek bridge. The
cash-in-lieu provision will allow the City to address the broader issue of mobility through
transit infrastructure and other programs aimed at reducing reliance on single-occupant
vehicle trips.
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 a specific location no zone boundaries are being changes
through this ordinance. Staff believes this criterion in met.
D. The effect of the proposed amendment on traffic generation and
road safety.
staff comments - Parking Amendments. page 1
Staff Finding:
The proposed changes should reduce traffic generation (of single-occupant vehicles) from
new projects. Some additional trips will be handled through shuttles, bicycles, walking,
public transit, and car-sharing. 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 and
providing an ability to pay for new infrastructure needs through the payment-in-lieu
program.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
Staff Finding:
A lower parking ratio should help to reduce the potential impacts on the natural
environment by encouraging a greater number of trips to be handled through transit, car
sharing, walking, etc. 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. 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 that emphasizes the
pedestrian. 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 - Parking 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 pedestrian orientation and less reliance on the
automobile. Staff believes this Ordinance will promote the purpose and intent of this
Title. This Ordinance promotes a lesser reliance on single-occupant vehicle trips and
greater use of transit, car-sharing, and other non-SOV trips.
staff comments - Parking Amendments. page 3
ASPEN CITY COUNCIL WORK SESSION
MEETING NOTES
MEETING DATE:
February 22, 2005
AGENDA TOPIC:
GMQS & Parking - work session
PRESENTED BY:
Chris Bendon
COUNCIL MEMBERS PRESENT:
Helen, Terry, Tim, & Torre
Summary:
This work session focused on amendments to the City's Growth Management and Parking
regulations. Council reviewed each of the issues and directed staff to proceed into public
hearings.
GMQS Items Discussed:
Residential Development:
Question: Is City Council comfortable with continuing staff exemptions for single-
family and duplex development? This is the ADU or cash-in-lieu policy that has been in
effect for roughly 15 years. Staff does not see any reason to change this policy. Council
directed staff to maintain this policy in the revisions.
Question: Staff recommends continuing the exemption for Historic Landmark
properties. Does City Council want to change this policy? Council directed staffto
maintain this policy in the revisions.
Question: Council earlier stated a preference for a 1 % growth rate for residential
development. All other forms of development would continue to be restricted to a 2%
growth rate. Staff supports this lowered rate for residential development. Is City Council
still directing staff in the manner? Council directed staff to maintain this policy in the
reVISIons.
Question: Staff is recommending the affordable housing requirement be 60% units and
30% FAR for all new residential development. Is Council still directing staff in this
manner? Council directed staff to maintain this policy in the revisions. Rachel raised
the possibility of lowering the Category designation to Category 3. This was not
endorsed by other Council members. This item can be further discussed during hearings.
I
Question: Should ADUs which are fully deed restricted and sold according to the
Housing Office policy be counted toward the 60/30 requirement? Staff supports this
policy only for fully deed restricted ADUs. This would be applicable to any new single-
family subdivision. Council directed staff to implement this policy in the revisions.
LodJ!im! Development:
Question: Is Council interested in this lodging development incentive concept?
Staff believes the dwindling bed base is a significant community issue and that
rejuvenating the resort's offerings is an important goal. The incentive program would be
based on developments having atleast one lodge unit per 500 square feet of lot are and an
average unit size of 500 square feet. The incentive would be that additional lodge rooms
would only require 50% of the affordable housing mitigation. Council directed staff to
proceed with this incentive program after further meeting with the Gems of Aspen and
other lodge operators.
Question: If 20% of an Incentive Lodge project can be free-market residential
what should the mitigation for these residential units be? Additional mitigation will
reduce the value of the incentive. Council directed staff to include a mitigation level
similar to exempt residential development - an ADU or cash-in-lieu.
Question: Is Council interested in these (or other) lodging development options?
Staff believes the complete exemption for projects with no free-market development
should be offered. The option of offering a larger incentive through a review process
could allow the City to incentivize lodging on a project-by-project basis. This item will
be explored by staff and brought forward with the code amendments.
Commercial Development:
Question: Does City Council want to redirect staff on these general points? Staff is
recommending the same 60% affordable housing mitigation standard be applied in the
revisions, that redevelopment projects with no increase in impacts not be required to
provide mitigation, and that the reviews for commercial and mixed-use developments
occur with the P&Z. Council directed staff to maintain these policies in the revisions.
Question: Is Council interested in this Alley Store Concept? An affordable housing
mitigation waiver is likely the only way to encourage this concept. Council directed staff
to include this provision in the revisions and raising the maximum size to 600 square feet.
Question: Is Council comfortable with the proposed On-Site Affordable Housing
Incentive? Staff believes the mix of uses and income groups will encourage very
2
interesting projects. Council directed staff to include this provision in the revisions.
Torre wanted to meet with staff and go through a few pro formas before fully endorsing
this concept.
Question: Is Council comfortable with this Free-Market / Affordable Housing
ratio for mixed-use buildings? Council previously directed staff to provide additional
analysis of this FAR mix. This additional analysis suggests an affordable housing
requirement equal to 30% of the free-market FAR. This would mimic the multi-family
requirement and is similar to existing requirements. Staff is not recommending the 60%
units requirement of the residential program but rather allowing the free-market space to
be divided into as many units as the developer feels appropriate. Council directed staff to
proceed with this policy.
Historic Incentives.
Question: Is Council interested in a lower mitigation rate as a historic landmark
incentive? To what extent? Should a cap on the total waiver be used? Council
directed statI!o further explore a lesser mitigation standard for historic properties. The 4-
employee cap was seen as a way to provide an incentive without exempting a significant
impact. Tim wanted to have an opinion from the HPC.
Previouslv Resolved GMOS Items:
Redevelopment projects should be permitted a credit for 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.
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 Historic 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.
3
Parkin!!:
Staff recommended the following parking strategy:
. Equalizing the commercial parking ratio to 1.5 spaces per 1,000 sq. ft. of net leasable
space.
. Allowing cash-in-lieu to be an easier option for developers. Currently, this requires a
P&Z review. Staff is recommending this be permitted outright for commercial
development.
. Maintaining the cash-in-lieu fee at the current $15,000 per space figure to minimize the
barrier of redevelopment. Doubling the fee will undo the benefit of reducing the parking
requirements.
. Allowing cash-in-lieu to be used by the City with greater flexibility. Programs like the
Car Share program address mobility and should be funded through these parking waivers.
. Eliminating Commercial Core parking requirements for residential development at a
minimum. The C1 zone would also benefit with this change. The biggest barrier to
residential development above commercial space is parking. Staff has met with several
developers and the significance of this barrier cannot be overstated - it's a "deal-breaker." .
Unfortunately the parking requirements preclude on-site affordable housing options,
counter to the basic mixed-use philosophy.
Question: Is this an acceptable parking strategy? Can this item move forward?
Council directed staff to move forward on parking consistent with this strategy. Council
directed staff to provide research on various other communities that have recently
lowered parking ratios and/or implemented parking maximums.
4
, ':;
Implementing the regional transportation plan
What is the Regional
Transportation Plan?
Metro's 2000 Regional Trans-
portation Plan is a blueprint to
guide new transportation
investments in the Portland
metropolitan region during
the next 20 years. The plan
begins to implement Metro's
2040 Growth Concept to
protect the livability of this
region in the face of an
expected 50 percent increase
in population and a 70 percent
increase injobs by 2020. The
goal of the plan is to expand
choices for travel in the
region. To this end, the plan
sets policies for traveling by
cars, buses, light rail. walking,
bicycling and movement of
freight by air, rail. truck and
water.
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METRO
Regional Services
Creatillg livable
communitles
Metro. the regional government
that serves the 1.3 million people
who live in Clackamas, Multnomah
and Washington counties and the
24 cities in the Portland metropoli-
tan area, provides planning and
services that protect the nature of
our region.
Printed on recycled wntem paper.
2000.10583.TRWOO464kf/cr
Providing options to driving alone
The region's transportation
demand management program
(TDM) is the element of the Regional
Transportation Plan that works to
provide alternatives to driving alone.
The policies direct planning in the
regional TDM program and support
funding for regional bicycle, pedes-
trian and public transit systems. The
policies respond to the federal Clean
Air Act requirements of 1990, the
state Transportation Planning Rule
and the state Employee Commute
Options Rule. Core elements of the
regional program are administered
by Tri-Mct with oversight by Metro
through the TDM subcommittee of
the Transportation Policy Alterna-
tives Committee. Elements of the
program are administered by the
Department of Environmental
Quality. the Oregon Office of Energy
and Wilsonville's transit system (South
Metro Area Rapid Transit).
Regional transportation
demand management
policies
Policy: Enhance mobility and support
the use of alternative transportation
modes by improving regional
accessibility to public transportation,
carpooling, telecommuting, cycling
and walking options.
Promote programs that reduce the
number of people driving alone and
dependence on the automobile.
continues
Bicycling and taking MAX are among the alternatives to driving alone.
Metro adopted parking ratios at the Clackamas Promenade,
designed to maximize the use of parking lots and reduce urban
sprawl by reducing land devoted to parking.
Promote transit-supportive design and infrastructure
in 2040 Growth Concept land-use components.
Establish a non-single-occupancy vehicle modal
target for each 2040 design type (see table).
Establish and support transportation management
associations for employee commute options.
Promote private and public sector programs and
services that encourage employees to use non~SOV
modes or change commuting patterns, such as
telecommuting, flexible work hours and/or
compressed work weeks.
Investigate the use of high-occupancy-vehicle
(carpool) lanes to improve system reliability and
reduce roadway congestion.
Promote facilities that support alternative
transportation, such as showers and lockers at
employment centers for employees who bicycle to
work.
Investigate the use of market-based strategies that
reflect the full costs of transportation to encourage
more efficient use of resources.
Regional program
The regional program includes strategies that promote
shared rides (car and vanpooling) and the use of
transit, walking, biking, wurk schedule changes and
telecummuting, especially during the most congested
times of the day. Providing options to driving alone
allows people to eliminate trips or switch to another
method of travel that can improve the efficiency of our
transportation system and result in better air quality.
This can delay the expansion of the regional motor
vehicle system.
Alternative mode share targets established in the table
that follows are goals for cities and counties to work
toward as they implement the 2040 Growth Concept at
the local level. Improvements in non-single-occupancy
2040 regional
modal targets
non-single-occupancy vehicle
2040 design
type
modal target
non-single-occupancy
vehicle
Central city
60 to 70 percent
Regional centers
Town centers
Main streets
Station communities
Corridors
45 to 55 percent
Industrial areas
Intermodal facilities
Employment areas
Inner neighborhoods
Outer neighborhoods
40 to 45 percent
vehicle mode share will be used to show compliance
with per capita travel reductions required by the state
Transportation Planning Rule. The most urbanized areas
of the region will achieve higher participation than less
developed areas closer to the urban growth boundary.
Parking management
As non~auto modes of travel are used more, the
demand for parking decreases. Reducing the demand for
parking will allow the region to use OUf land supply
more efficiently, reduce paved surfaces and provide
opportunities to redevelop existing parking into other
more important uses.
Parking management policies are intended to assist local
jurisdictions with implementation of the state Depart-
ment of Environmental Quality's voluntary parking ratio
program contained in the region's ozone maintenance
plan.
t
Regional parking management
policies
Policy: Manage and optimize the efficient use of public
and commercial parking in the central city, regional
centers, town centers, main streets and employment
centers to support the 2040 Growth Concept and related
RTP policies and objectives.
. Establish minimum and maximum parking ratios to
help the region manage the number of off-street
parking spaces in the region.
. Support local adoption of parking management
plans.
. Promote the use and development of shared parking
spaces for commercial and retail land uses.
. Implement appropriate parking ratios and
investigate other measures throughout the region
that reduce the demand for parking or lead to more
efficient parking design options.
. Encourage preferential parking stalls for carpool,
van pool, motorcycle, bicycle and motorized bicycle
parking at major retail centers, institutions and
employment centers.
. Conduct further study of market-based strategies,
such as parking pricing and employer~based parking-
cash outs and restructuring parking rates.
TOM program enhancements
The TDM program will be continually updated to
include new strategies for regional demand management.
One strategy to be considered is the" location efficient
mortgage" , which increases the borrowing power
of potential homebuyers in "location efficient"
neighborhoods. These are neighborhoods that are
pedestrian-friendly areas with easy access to public
transit, shopping, employment and schools.
This mortgage recognizes that families can save money
because the need to travel by car is reduced. Instead of
owning two cars, a family could get by with one car, or
none. Bankers are required to look at the average
monthly amount of money that applicants would be
spending on transportation and apply it to the servicing
of a larger mortgage. This increases the purchasing
power of borrowers when buying a home in location
efficient neighborhoods, stimulating home purchases in
existing urban areas.
Peak period pricing considered
Peak period pricing will be considered when new
highway capacity is added in the region. Peak period
pricing involves market pricing (through variable tolls)
on congested roadways at times of highest use. Peak
period pricing has been successful in other parts of the
US and internationally by providing an incentive for
The 2000 Regional
Transportation Plan places
new emphasis on street
parking where possisble
(as shown here in Portland's
Pearl District) to reduce the
need for new parking lots.
Tri-Met allows bicycles on transit to encourage Jess driving.
drivers to select other modes, routes, destinations or
times of day to travel. Drivers who choose to pay the
toll can benefit from significant time savings. Peak
period pricing is the only demand management tool
specific to a location and time of day, making it
uniquely effective in reducing congestion and improv-
ing mobility while limiting vehicle miles traveled and
the need for new roads. In addition, it may generate
revenues to help with needed transportation improve-
ments.
The Trame Relief Options Study. completed in 1999
by Metro and GDOT, examined the potential of
various types of roadway pricing to meet the regional
transportation, environmental and land-use goals. The
study, undertaken with the guidance from a citizen
task force, found that pricing existing lanes would
generate the most revenue. It could also result in the
lTlost significant reduction in vehicle miles of travel
and air pollution.
However, the task force did not recommend pricing
existing roadways. Instead, it was recommended that
pricing be considered when new highway capacity is
built.
Peak period pricing policy
Policy: Manage and optimize the use of highways in
the region to reduce congestion, improve mobility and
maintain accessibility within limited financial re-
sources.
Apply peak period pricing appropriately to
manage congestion. In addition, peak period pricing
may generate revenues to help with needed
transportation improvements.
Consider peak period pricing as a feasible option
when major, new highway capacity is being added.
Do not price existing roadways at this time.
Circumstances where peak period pricing may be
appropriate are:
- When one or more lanes are being added to a
currently congested highway, a stretch of
several miles should be considered.
- Where a major new highway facility is being
constructed where none exists now to provide
congestion relief in the corridor, peak period
pricing of all lanes should be considered.
- Where a major facility (bridge or highway) is
undergoing reconstruction and significant
capacity is being added, pricing of one or all
lanes should be considered.
Objectives for future consideration of peak period
pricing:
- Identify at least one specific project for which
peak period pricing is appropriate to serve as
a pilot project within two years.
- Pursue federal Value Pricing Pilot Program
funds for development of detailed
implementation plans and/or administration
of pilot projects.
For more information
Call the transportation hotline, (503) 797-
1900 option 2. You can leave a message
requesting a copy of the Regional Transpor-
tation Plan or other fact sheets about the
plan. Ask for a list of all RTP fact sheets. If
you are hearing impaired. call TOD (503)
797 -1804.
Visit our web site at www.metro-region.org
Send e-mail tatrans@metro.dst.or.us
T'RA' " , I' 'T'
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foru_tee...... '
Contact Us:
626 Selby Ave, Suite A
Saint Paul, MN 55104
(651) 767,0298
Fax: (651) 221,9831
.
.
The Myth of Free Parking
EXECUTIVE SUMMARY
In the Twin Cities region, drivers rarely think about parking; parking spaces
are abundant at all but a few locations and most appear to be free. Public
officials typically focus on ensuring "enough" parking to satisfy demand and
ignore the problems of oversupply and subsidization. Even most employers fail to
question the long-standing practice of providing employees and customers with
"free" parking.
The fu II costs of
parking
While vehicle parking
provides benefits,
those benefits come
at a cost - a cost that
is often higher than
people realize. The
cost to construct a
single parking stall in
a typical above ground
ramp is $15,000, and
the maintenance costs
are hundreds of In the TIMn alies legion, govemment jnveslS more
dollars per year. In money each year in off-street pOlldng and clIlveways
the Twin Cities 1t1an In public transit.
metropolitan region,
more money is invested annually in parking and driveways by government,
individuals, and businesses than is invested in streets and roads. Furthermore,
government's investment in public transit in the Twin Cities metropolitan region
is less than government's investment in parking.
Parking also has hidden costs and unexpected consequences, especially when it is
oversupplied or provided at no cost to the user. Parking plays a key role in low
density development patterns and high dependence on the automobile in the f
Twin Cities region. "Free" and abundant parking contributes to growing
congestion by providing an incentive for driving alone and a disincentive to use
other forms of transportation. Too much parking can detract from a "community
feel" and pedestrian environment in neighborhoods and business districts. Parking
also affects housing affordability by increasing construction costs. In addition,
too much parking negatively impacts water quality and urban temperatures.
A proactive approach
Recognizing these problems, some public agencies, municipalities and employers
are taking a new approach to parking policy. Some employers are charging
employees for parking and are providing incentives for other modes of travel.
Public sector leadership is coming from Oregon where the state legislature t
requires metropolitan areas to reduce parking spaces per capita and the regional
government for the Portland metropolitan area placed region-wide limits on the
amount of parking municipalities require.
Other cities are using strategies to reduce the need for parking and better
balance supply and demand. Iowa City, Iowa and St. Paul, Minnesota have
established special "traditional neighborhood" zoning districts with reduced ~
parking requirements that encourage walkable, transit-oriented development.
The City of Seattle provides technical assistance to neighborhoods on parking
management. Many cities, including Minneapolis, require employers to
implement plans to reduce drive-alone trips by employees. The City of San
Francisco uses a parking tax to fund a significant portion of the budget for MUNI,
the city's public transit agency.
"Parking is important where
the place isn't important. In a
place like Faneuil Hall in
Boston it's amazing how far
people are willing to walk. In
a dull place, you want a
parking space right in front of
where you're going."
~ Fred Kent, presidenr of Pertners for
Public Spaces in New York City
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Recommendations for reforming parking policies and
practices
In the Twin Cities region, employers, government agencies, and local units of
government all have a role to play in reforming parking policies and practices.
This report recommends a number of different strategies; the primary ones are
described here.
Employers and business
"Free" parking is a significant factor in commute decisions because it results in a
subsidy for driving. Employers should charge employees and customers for
parking, or at a minimum, provide equal incentives for use of transit, carpooling,
biking, walking and other modes of transit.
Local government
Municipalities should evaluate local parking requirements to ensure they are
accurate and consistent with goals for housing, transit ridership, density,
pedestrian access, and environmental protection. Parking charges at municipal
parking facilities and meters should reflect the full cost of providing the parking.
In addition, municipalities can work with neighborhoods and businesses to ensure
that the existing supply of parking is managed effectively. Tools such as setting a
parking cap, taxing parking usage, or charging fees in lieu of parking should be
considered.
Metropolitan Council
Regional strategies are crucial to adequately address the negative consequences
of parking that is oversupplied or subsidized. The Metropolitan Council should
address parking policy more fully in its regional planning and transportation
documents. It should consider establishing region-wide minimum and maximum
parking ratios and set a goal for reducing parking spaces per capita. Modeling for
major transportation projects should examine the effect of employers charging
for parking or increasing parking charges as a method to reducing drive-alone
commuting and traffic congestion
The Minnesota Department of Transportation (MnDOT)
Planning documents should recognize the important role that "free" and abundant
parking plays in rising levels of traffic congestion and low rates of transit use and
carpooling. MnDOT should also provide technical assistance to local units of
government on parking surveys, parking management and other best practices.
State of Minnesota Legislature
The legislature should adopt legislation that establishes a goal for reducing
parking spaces per capita. It should affect direct state and regional agencies to
adopt policies to reduce the need for parking and better manage supply and
demand. The legislature should increase funding for public transit and evaluate
transit fares in light of the availability of "free" and subsidized parking. Finally,
the legislature should require all state employees to pay the full cost of parking
or provide an equivalent benefit for carpooling, transit use, walking, biking and
other modes.
Chapter 33.266
Parking And Loading
C. Calculations of amounts of required and allowed parkin2.
1. When computing parking spaces based on floor an
are not counted.
2. The number of parking spaces is computed based
site except as stated in Paragraph C.3., below. wt
separate primary uses on a site, the required or all
the sum of the required or allowed parking for the
For joint use parking, see Paragraph 33.266.110.1:
3. When more than 20 percent of the floor area on a,
the required or allowed parking is calculated sepal
An example would be a 40,000 square foot buildin
warehouse and a 10,000 square foot accessory off
allowed parking would be computed separately for
uses.
4. If the maximum number of spaces allowed is less
minimum number required, then the maximum n
increased to one more than the minimum.
Title 33, Planning and Zoning
7/16/04
~h;b,+- G.
~.~~~
r~, ~ Ctk.
5. If the maximum number of spaces allowed is less than one, then the
maximum number is automatically increased to one.
D. Use of required parking spaces. Required parking spaces must be available for
the use of residents, customers, or employees of the use. Fees may be charged for
the use of required parking spaces. Required parking spaces may not be assigned
in any way to a use on another site, except for joint parking situations. See
33.266.11O.B. Also, required parking spaces may not be used for the parking of
equipment or storage of goods or inoperable vehicles.
E. Proximity of parking to use. Required parking spaces for residential uses must
be located on the site of the use or within a tract owned in common by all the
owners of the properties that will use the tract. Required parking spaces for
nonresidential uses must be located on the site of the use or in parking areas
whose closest point is within 300 feet of the site.
F. Stacked parking. Stacked or valet parking is allowed if an attendant is present to
move vehicles. If stacked parking is used for required parking spaces, some form
of guarantee must be filed with the City ensuring that an attendant will always be
present-when the lot is in operation. The requirements for minimum or maximum
spaces and all parking area development standards continue to apply for stacked
parking. See also 33.266.140.
G. Office of Transportation review. The Office of Transportation reviews the layout
of parking areas for compliance with the curb cut and access restrictions of Section
17.28.110, Driveways - Permits and Conditions.
f
33.266.110 Minimum Required Parking Spaces
A. Purpose. The purpose of required parking spaces is to provide enough on-site
parking to accommodate the majority of traffic generated by the range of uses
which might locate at the site over time. Sites that are located in close proximity to
transit, have good street connectivity, and good pedestrian facilities may need little
or no off-street parking. Transit-supportive plazas and bicycle parking may be
266-2
Title 33, Planning and Zoning
7/16/04
Chapter 33.266
Parking And Loading
substituted for some required parking on a site to encourage transit use and
bicycling by employees and visitors to the site. The required parking numbers
correspond to broad use categories, not specific uses, in response to this long term
emphasis. Provision of carpool parking, and locating it close to the building
entrance, will encourage carpool use.
B. Minimum number of parking spaces required.
~
~ 4.
*5.
1. The minimum number of parking spaces for all zones is stated in Table 266-1.
Table 266-2 states the required number of spaces for use categories. The
standards of Tables 266-1 and 266-2 apply unless specifically superseded by
other portions of the City Code.
2. Joint use parking. Joint use of required parking spaces may occur where two
or more uses on the same or separate sites are able to share the same parking
spaces because their parking demands occur at different times. Joint use of
required nonresidential parking spaces is allowed if the following
documentation is submitted in writing to BDS as part of a building or zoning
permit application or land use review:
a. The names and addresses of the uses and of the owners or tenants that
are sharing the parking;
b. The location and number of parking spaces that are being shared;
c. An analysis showing that the peak parking times of the uses occur at
different times and that the parking area will be large enough for the
anticipated demands of both uses: and
d. A legal instrument such as an easement or deed restriction that
guarantees access to the parking for both uses.
3.
Exceptions for sites well served by transit. There is no minimum parking
requirement for sites located less than 500 feet from a transit street with 20-
minute peak hour service. Applicants requesting this exception must provide
a map identifying the site and TriMet schedules for all transit routes within
500 feet of the site.
Bicycle parking may substitute for up to 25 percent of required parking. For
every five nonrequired bicycle parking spaces that meet the short or long-term
bicycle parking standards, the motor vehicle parking requirement is reduced
by one space. Existing parking may be converted to take advantage of this
prOVISIon.
Substitution of transit-supportive plazas for required parking. Sites where at
least 20 parking spaces are required, and where at least one street lot line
abuts a transit street may substitute transit-supportive plazas for required
parking, as follows. Existing parking areas may be converted to take
advantage of these provisions. Adjustments to the regulations of this
paragraph are prohibited.
a. Transit-supportive plazas may be substituted for up to 10 percent of the
required parking spaces on the site;
b. The plaza must be adjacent to and visible from the transit street. If there
is a bus stop along the site's frontage, the plaza must be adjacent to the
bus stop:
266-3
Chapter 33.266
Parking And Loading
Title 33, Planning and Zoning
7/16/04
c. The plaza must be at least 300 square feet in area and be shaped so that
a lO'x 10' square will fit entirely in the plaza; and
d. The plaza must include all of the following elements:
(I) A plaza open to the public. The owner must record a public access
easement that allows public access to the plaza;
(2) A bench or other sitting area with at least 5 linear feet of seating:
(3) A shelter or other weather protection. The shelter must cover at least
20 square feet. If the plaza is adjacent to the bus stop, TriMet must
approve the shelter; and
(4) Landscaping. At least 10 percent, but not more than 25 percent of
the transit-supportive plaza must be landscaped to the L1 standard
of Chapter 33.248, Landscaping and Screening. This landscaping is
in addition to any other landscaping or screening required for
parking areas by the Zoning Code.
~6
Motorcycle parking may substitute for up to 5 spaces or 5 percent of required
automobile parking, whichever is less. For every 4 motorcycle parking spaces
provided, the automobile parking requirement is reduced by one space. Each
motorcycle space must be at least 4 feet wide and 8 feet deep. Existing
parking may be converted to take advantage of this provision.
c. Carpool parking. For office, industrial, and institutional uses where there are
more than 20 parking spaces on the site, the following standards must be met:
1. Five spaces or five percent of the parking spaces on site, whichever is less,
must be reserved for carpool use before 9:00 AM on weekdays. More spaces
may be reserved, but they are not required.
2. The spaces will be those closest to the building entrance or elevator, but not
closer than the spaces for disabled parking and those signed for exclusive
customer use.
3. Signs must be posted indicating these spaces are reserved for carpool use
before 9:00 AM on weekdays.
266-4
~
Title 33, Planning and Zoning
7/16/04
Chapter 33.266
Parking And Loading
Table 266-1
Minimum Reouired and Maximum Allowed ParkinllSuaces Bv Zone rll
Zone Requirement
OS, RF - RH, IR, CN2, CO2, Minimum is Standard A in Table 266-2.
CG.EG,! Maximum is Standard B in Table 266-2.
EX Minimum None, except:
Household Living: minimum of 0 forl to 3 units, 1
per 2 units for four+ units, and SROs exempt..
Maximum is Standard A in Table 266-2, except:
I} Retail, personal seIVice, repair-oriented-
Maximum is 1 per 200 sq. [t. of floor area.
2) Restaurants and bars - Maximum is 1 per 75
sq. ft. of floor area.
3) General office - Maximum is 1 per 400 sq. ft.
of floor area.
4) Medical/Dental office - Maximum is 1 per 330
sq. ft. of floor area.
CN! Minimum - None.
Maximum of 1 space per 2,500 sq. ft. of site area.
CM. CS. RX, CX, CO! Minimum - None.
Maximum is Standard B in Table 266-2.
[1] Regulations in a plan district or overlay zone may supersede the standards of this
table.
33.266.115 Maximum Allowed Parking Spaces
A. Purpose. Limiting the number of spaces allowed promotes efficient use of land,
enhances urban form, encourages use of alternative modes of transportation,
provides for better pedestrian movement, and protects air and water quality.
The maximum ratios in this section vary with the use the parking is accessory to
and with the location of the use. These maximums will accommodate most auto
trips to a site based on typical peak parking demand for each use. Areas that are
zoned for more intense development or are easily reached by alternative modes of
transportation have lower maximums than areas where less intense development
is anticipated or where transit service is less frequent. In particular, higher
maximums are appropriate in areas that are more than a 1/4 mile walk from a
frequently served bus stop or more than a 1/2 mile walk from a frequently served
Transit Station.
266-5
Chapter 33.266
Parking And Loading
Title 33, Planning and Zoning
7/16/04
Table 266-2
Parking Spaces by Use
(Refer to Table 266-1 to determine which standard ani lies. I
Use Catee:ories Specific Uses Standard A Standard B
Residential
Catee:ories
Household Living 1 per unit, except SROs None
exempt and in RH, where it
is 0 for 1 to 3 units and 1
oer 2 units for four + units
Group Living 1 per 4 residents None
Commercial
Cate/{ories
Retail Sales And Retail, personal service, 1 per 500 sq. ft. offiooT 1 per 196 sq. ft. of floor
Service repair oriented area area
Restaurants and bars 1 per 250 sq. ft. offiooT 1 per 63 sq. ft. of floor area
area
Health clubs, gyms, lodges, 1 per 330 sq. ft. offioOT 1 per 185 sq. ft.offioor
meeting rooms, and area area
similar. Continuous
entertainment such as
arcades and bowling alleys
Temporary lodging 1 per rentable room; for 1.5 per rentable room; for
associated uses such as associated uses such as
restaurants, see above restaurants, see above
Theaters 1 per 4 seats or 1 per 6 1 per 2.7 seats or 1 per 4
feet of bench area feet of bench area
Office General office 1 per 500 sq. ft. of fioor 1 per 294 sq. ft. offioor
area area
Medical/Dental office 1 per 500 sq. ft. offioor 1 per 204 sq. ft. offioor
area area
Quick Vehicle 1 per 500 sq. ft. offioor 1 per 196 sq. ft. offioor
Servicing area area
Vehicle Repair 1 per 750 sq. ft. offioor 1 per 500 sq. ft. offioor
area III area
Commercial Parkin!! Not annlicable None
Self-Service Storae:e 21 1121
Commercial Outdoor 20 per acre of site 30 per acre of site
Recreation
Major Event 1 per 8 seats or per CU 1 per 5 scats or per CU
Entertainment review reVIew
Industrial
Catevories
Manufacturing And 1 per 750 sq. ft. of fioor 1 per 500 sq. ft. of floor
Production area III area
Warehouse And 1 per 750 sq. ft. of floor 1 per 500 sq. ft. of fioor
Freight area for the first 3,000 sq. area for the first 3,000 sq.
Movement ft. of floor area and then 1 ft. of floor area and then 1
per 3,500 sq. ft. of floor per 2,500 sq. ft. of floor
area thereafter r 11 area thereafter
Wholesale Sales, 1 per 750 sq. ft. of floor 1 per 500 sq. ft. offloor
Industrial Service, area [1] area
Railroad Yards
Waste-Related Per CD review Per CU review
266-6
VI' b
MEMORANDUM
TO:
Mayor Helen Klanderud and Aspen City Council
FROM:
John Worcester, City Attorney
Chris Bendon, Community Development Director ~
Main & Galena Building - Subdivision ,~d GMQS Allocations
- 1 sl Reading of Ordinance No. $2-, Series of 2005
THRU:
RE:
DATE:
March 14,2005
PROJECT: Main and Galena Building
REQUEST: The Applicant is reqnesting the appropriate land use approvals
to redevelop the existing two-level commercial building into a
four-level mixed-use building at the northwest corner of Galena
and Main Streets. The proposed building contains commercial
space, affordable honsing and free-market honsing.
ZONING: Commercial Core Zone District
LAND USE REQUESTS: . GMQS Allocation for one free-market residence.
. GMQS Exemption for three affordable residences.
. Subdivision (necessarv due to multi-unit buildin!!l.
P&Z RECOMMENDATION: Aooroval. with conditions. (6-0)
STAFF RECOMMENDATION: Aooroval. with conditions.
SUMMARY:
Millelmium Plaza, LLC ("Applicant"), represented by Davis Horn, Incorporated, is
requesting the appropriate land use approvals to redevelop the existing two-level commercial
building (one level is sub-grade) into a tour-level mixed-use building (one level being sub-
grade). The property is known as Galena Plaza Unit 1A and is on the northwest corner of
Main and Galena Streets. The property was the proposed site for the visitor center, which was
turned-down by the voters last November.
The existing building is entirely commercial and contains roughly 2,600 square feet of net
leasable space. The lowest level of the building opens to a sub-grade courtyard while the
upper level opens Main Street. The building currently contains offices on both levels.
1
The proposal relocates the basement-level commercial space to the Main Street level. This
additional space will be prevented from being used as office space according to recently
adopted requirements from the Commercial Core. The existing ground-floor offices can
continue to be used for offices. There is slightly less commercial space in the proposed
building. The basement becomes storage accessory to the residential uses. A new second
floor provides three affordable housing units (Category 2) and a new third floor provides one
free-market residence.
The site currently has two parking spaces to serve the commercial uses located along the
alleyway. (A third space exists, but is on the neighboring property to the west.) There does
not appear to be a feasible way to add parking to the site. Curb cuts along Main Street or
Galena Street would reduce on-street parking and possibly interfere with the intersection.
Sub-grade options are not feasible due to the size of the lot and could affect the neighboring
properties' access to natural light.
Commercial parking can be provided through a cash-in-lieu and affordable housing parking
can be waived. Parking for free-market residences has no ability for a waiver. The P&Z
approved the commercial parking mitigation through cash-in-lieu, the conversion of the two
existing spaces along the alley to be accessory to the free-market residence, and a waiver of
the affordable residential parking requirement in consideration of a series of factors and cash-
in-lieu contributions.
Two properties abut this site. A commercial building to the west currently occupied by a
bank (primarily) and assorted office businesses. A residential property to the north, Galena
Lofts, lies on Unit IB, Galena Plaza Condominiums. According to the condominium plats
for the Galena Plaza Condominiums, the units (of land) are to be treated as individual
properties.
The project requires a series of land use actions, including growth management allocation
and subdivision. The Planning and Zoning Commission "scored" this project for Growth
Management Allocations and awarded the project passing scores. A summary of the P&Z
sores is attached to the proposed Ordinance. The P&Z also recommended approval of the
subdivision request and the allocation of three affordable housing development rights.
Staff believes the application meets or exceeds the standards of review and is
recommending adoption of the proposed Ordinance, upon first reading.
LAND USE ACTIONS REQUIRED:
The Application requires the following approvals:
. Grov.'th Management Scoring for one free-market residential unit - Recommended for
City Council approval.
. GMQS Exemptions for Affordable Housing - Recommended for City Council
approval.
. Special Review to Establish AH Parking Requirements - Approved by P&Z
2
. Special Review to provide commercial parking via cash-in-lieu - Approved by P&Z
. Residential Design Standards waivers - Approved by P&Z.
. Subdivision - Recommended for City Council approval.
. Final HPC Approval- Application pending.
REVIEW PROCEDURE:
Growth Manaf!ement Allocation for Free-Market Housinf! (City Council): The P&Z shall
score the project and recommend City Council approve, approve with conditions, or deny
the application.
Growth Manaf!ement Exemvtion far Affordable Housinf! (City Council): The P&Z shall
recommend City Council approve, approve with conditions, or deny the application.
Subdivision (City Council): The P&Z shall recommend City Council approve, approve
with conditions, or deny the application.
MAIN ISSUES:
Affordable Housing Units: The three affordable housing units within this project are
proposed as Category 2 rental units. There is one studio unit and two two-bedroom units.
This plan is supported by the Aspen/Piktin County Housing Authority Board. Because the
units are proposed as privately-owned rental units, a partial interest in the property must be
granted to the City, or another adequate legal mechanism, to ensure the units remain
permanentlyatlordable. This stipulation has been included in the proposed Ordinance.
Subdivision: The development of multi-unit buildings requires subdivision approval, even if
lot lines are not being altered. This requirement ensures proper infrastructure upgrades -
sidewalks, street trees, drainage, etc. A school land dedication is required for subdivisions
and the property is not suitable for a donation of actual land. Staff recommends the cash-in-
lieu option be approved and has calculated the fee. No property lines are being altered and
staff and the referral agencies do not believe any substantive subdivision issues exist, only the
procedural requirements. Staff supports the subdivision request.
Residential Design Standards Waivers: The City's Residential Design Standards apply to
any development containing a residential unit. These standards work well for traditional
single-family and duplex development and are adequate for multi-family development. Some
of the standards have little relevance to residential development within mixed-use buildings
and the P&Z waived those standards for this project.
Staff is proceeding with a code amendment (not part of this ordinance) to address the
applicability of Residential Design Standards to mixed-use buildings. P&Z is initiating their
review of these changes on March 15th.
Parking: The site has little or no opportunity for additional parking. The site is too small
for any practical sub-grade parking and curb cuts along Main or Galena are not feasible. The
commercial parking can be provided through a cash-in-lieu. Currently two parking spaces
3
along the alleyway serve the commercial use. Through Special Review the commercial
parking requirement was approved by P&Z to be met through a cash-in-lieu payment. Each
space requires a payment of $15,000 - a total of $30,000 for this request.
The proposed affordable housing requires a total of 5 parking spaces ~ two for each two-
bedroom unit and one for the studio unit. Affordable housing parking for this project has
been waived by the P&Z in light of:
1) The parcel being downtown not being an auto-dependant site;
2) A free shuttle is available at the doorstep and most common destinations are within
walking distance;
3) A donation to the Roaring Fork Transportation Authority in the amount 01'$5,000.
4) The applicant is providing a cash-in-lieu payment of $15,000 per space for these 5
spaces - a total of $75,000;
5) Each of the residential units is being provided with two town bicycles with fenders
and baskets. The project has both indoor storage and a proposed outdoor bike rack to
accommodate these bikes; and,
6) The applicant is providing a cash donation to the City's Car Share Program - Roaring
Fork Vehicles - in the amount 01'$20,000.
Staff believes these mitigation measures are more than adequate. Staff supports downtown
housing and realizes most downtown residential opportunities will not come with on-site
parking. Part of the appeal of downtown housing is the ability, as a community, to rely less
on the automobile and more on transit, bicycle, and walking.
The P&Z approved the parking plan for this project. The P&Z also requested that the City
Council appropriate all the cash-in-lieu funds from this project - $105,000 - to Roaring Fork
Vehicles. This is in addition to the $20,000 already offered by the Applicant to go to the car-
share program.
RECOMMENDATION:
Staff believes the application meets or exceeds the standards of review for Subdivision,
Growth Management Exemption for Affordable Housing, and Growth Management
Allotment for the one free-market unit. Staff recommends approval of the project.
CITY MAN~R COMMENTS:
( 1 (t--ytA./A,V Ai ,Q (fIJnAnJ; d>t
/d'~ .
()j.'{
RECOMMENDED MOTION:
"I move to approve Ordinance No./B , Series 01'2005, upon first reading."
A TT ACHMENTS:
Exhibit A - Development Application
Exhibit B - Staff Comments and Referral Comments
4
ORDINANCE NO.Jfl
(SERIES OF 2005)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING
SUBDIVISION APPROVAL, ALLOCATING ONE FREE-MARKET
RESIDENTIAL DEVELOPMENT RIGHT, AND ALLOCATING THREE
AFFORDABLE HOUSING DEVELOPMENT RIGHTS TO THE MAIN AND
GALENA BUILDING PROPOSAL, AS MIXED-USE BUILDING TO BE
LOCATED ON THE NORTHWEST CORNER OF GALENA AND MAIN
STREETS, 426 EAST MAIN STREET, LEGALLY DESCRIBED AS
UNIT lA GALENA PLAZA CONDOMINIUMS, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2737.073.22.015
WHEREAS, the Community Development Department received an application
(the Project) from Millennium Plaza, LLC, for the redevelopment of a commercial
building into a mixed-use building to contain commercial and residential units;
WHEREAS, the Property is located at 426 East Main Street and is legally
described as Unit IA of the Galena Plaza Condominiums as shown on the plat thereof
recorded in Book 49 at Page 82 of the Pitkin County Clerk and Recorder; and,
WHEREAS, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land
Use Code, land use applications requesting allotments from the Growth Management
Quota System are reviewed and scored by the Aspen Planning and Zoning Commission
at a duly noticed public hearing after considering recommendations by the Community
Development Director, and members of the general public. The scoring and
recommendation is then forwarded to the Aspen City Council and development
allotments may then be allocated by Ordinance by the Aspen City Council at a duly
noticed public hearing after considering recommendations by the Community
Development Director, and members of the general public; and,
WHEREAS, pursuant to Sections 26.304, 26.710.140, 26.430, 26.515, 26.480,
and 26.410 of the City of Aspen Land Use Code, land use applications requesting
subdivision, special reviews, and residential design standards waivers are reviewed by the
Aspen Planning and Zoning Commission at a duly noticed public hearing after
considering recommendations by the Community Development Director, and members of
the general public. The Commission may approve, approve with conditions, or deny the
special review requests and the residential design standards waivers and may recommend
to City Council approval, approval with conditions or denial of the subdivision request;
and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, the City Parking Department, the City
Transportation Department, the City Zoning Officer, City Parks Department, the Aspen
Building Department, the Environmental Health Department, and the Community
Ordinance No. _,
Series of2005. Page 1
Development Department reviewed the proposal and recommended approval with
conditions; and,
WHEREAS, during a duly noticed public hearing on February 15, 2005, the
Aspen Planning and Zoning Commission considered the noted recommendations and
testimony offered by the general public, considered the project for initial and final
scoring (score summary attached), found the proposal meeting or exceeding the necessary
scoring, and approved, by a six to zero (6-0) vote, the Special Review for affordable
housing parking, the provision of commercial parking via a cash-in-lieu payment, the
waiver of Residential Design Standards and recommended, by the same vote, City
Council allocation of one free-market residential development right, three affordable
housing development rights, and subdivision approval for a mixed-use commercial and
residential building to be developed on the northwest corner of Main and Galena Streets,
426 East Main Street, Unit IA of the Galena Plaza Condominiums, subject to the
conditions of approval listed herein; 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, 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: Parkin!! Miti!!ation Payment
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $105,000 for the mitigation of seven (7) parking spaces - 5
residential and 2 commercial. The contribution shall be payable prior to issuance of a
Building Permit for the Project. The Planning and Zoning Commission encourages the
Aspen City Council to allocate all of this payment to the Roaring Fork Vehicles car-
sharing program. ,
Section 2: Downtown Improvement Contribution
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $10,000 for pedestrian oriented improvements to the commercial
core as recommended by the City's Downtown Catalyst or the City Manager. The
contribution shall be payable prior to issuance of a Building Permit for the Project.
Section 3: Aspen Recreation Center Contribution
Ordinance No.
Series of2005. Page 2
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $7,000 for recreation programs and facilities of the Aspen
Recreation Center as recommended by the Manager of Parks and Recreation. The
contribution shall be payable prior to issuance of a Building Permit for the Project.
Section 4: Roarinl!: Fork Transportation Authority Contribution
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $5,000 to be transferred to the Roaring Fork Transportation
Authority for transit improvements within the Roaring Fork Valley. The contribution
shall be payable prior to issuance of a Building Permit for the Project.
Section 5: Aspen Historical Society Contribution
The Project Developer shall make a one-time monetary mitigation payment to the City of
Aspen in the amount of $5,000 to be transferred to the Aspen Historical Society. The
contribution shall be payable prior to issuance of a Building Permit for the Project.
Section 6: Car Share Prol!:ram Contribution
The Project Developer shall make a one-time monetary contribution to Roaring Fork
Vehicles - a car-sharing business associated with the City of Aspen - in the amount of
$20,000. The contribution shall be payable prior to issuance of a Building Permit for the
Project. This contribution was voluntarily offered by the applicant, as a means of
mitigating residential parking needs.
Section 7: Construction Stal!:inl!: and Police/SheriffParkinl!:
The Project Developer shall work with the City of Aspen Police Chief and the Pitkin County
Sheriff regarding temporary parking for emergency vehicles and the location of construction
materials/equipment for the period of construction. An agreement between these parties
shall be recorded as part of the Subdivision Improvement Agreement. City Community
Development staff can facilitate/moderate meetings and mediate any unresolved issues as
necessary.
Section 8: Residential Desil!:Jl Standards
The following Residential Design Standards shall not apply to this Project: "Secondary
Mass," "Covered Porch," and "First Story Element." The Project has been found in
compliance with the remaining Residential Design Standards and the remaining standards
shall be applicable to this Project.
Section 9: Affordable Housinl!: Units
The Project shall include one (1) studio affordable housing unit and two (2) two-bedroom
affordable housing units. The affordable housing units shall be deed-restricted as
Category 2 rental units and a legal instrument permanently ensuring their affordable
status acceptable to the City Attorney shall be provided. The City shall accept a nominal
property interest (1110 of 1 percent undivided interest) or other reasonable means of
assurance. If this standard cannot be met, the units shall be transferred as "for-sale" units
pursuant to the Aspen/Pitkin County Housing Authority Guidelines.
Ordinance No. _,
Series of2005. Page 3
Residents of the affordable housing units shall meet the minimum occupancy and all
other qualification criteria in the APCHA Guidelines, as amended. The rental rates of the
affordable units shall not exceed a maximum rental rate of Category 2 as such rates are
defined in the APCHA Guidelines, as amended from time to time. Rental tenants shall be
qualified by the APCHA.
Section 10: Impact Fees
Park Imvact Fees of $10,604 shall be assessed upon issuance of a Building Permit and
allocated by the City for improvements to City Parks. Amendments to the project shall
incorporate an amendment to this fee according to the following schedule.
For each studio unit - $1,520
For each one-bedroom unit - $2,120
For each two-bedroom unit - $2,725
For each three- or four-bedroom unit - $3,634
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 $224,675 from information from the Pitkin County Assessor. This represents
$44.89 per square foot of land. One-third of this value divided by the proposed 4 new
units results in a $3.74 per square foot 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 required according to the following schedule, payable
at building permit issuance:
Unit size 1/3 land Land Per unit fee Units Total
value per Dedication
unit sq. ft. standard (sq.
ft.)
Studio/One $3.74 52 $194.48 I $194.48
bedroom
Two Bedroom $3.74 416 $1,555.84 2 $3,111.68
Three $3.74 707 $2,644.18 1 $2,644.18
Bedroom
Total: 5,950.34
Amendments to the project shall include an adjustment to this fee according to the above
calculation methodology and schedule.
Section 11: Trees and Ril!:ht-of-Way Improvements
The Project Developer shall either relocate the three eXlstmg on-site trees to a new
location acceptable to the City of Aspen Parks Department or remoye the trees and pay a
Ordinance No. _'
Series of2005. Page 4
tree removal mitigation fee according to the valuation schedule below. Relocating the
trees can either be organized by the Project developer in coordination with the City Parks
Department or performed by the City Parks Department and billed to the Project
Developer.
Tree removal mitigation shall be based on the valuation of existing trees to be removed.
Following is a summary of the existing trees to be removed and their valuation.
Tree Caliper Inch: Number of trees: Valuation/tree: Total:
12 1 $4,069.44 $4,069.44
13 2 $4,775.94 $9,551.88
Total: $13,621.32
The existing street trees within the Main Street right-of-way shall be protected during the
entire construction process. No storage of materials shall occur within the drip lines of
these trees. The Subdivision agreement shall include provisions to protect the Main
Street trees.
Section 12: Sidewalk Closures
Proper signage and barriers shall be used during periods of construction necessitating the
closure of sidewalks surrounding the Project.
Section 13: Water Department Requirements
A separate water meter will be needed for each residence. There shall be a shared water
service agreement with each owner. An additional tap for landscaping is required.
Section 14: Sanitation District Requirements
I. The total connection fees must be paid prior to building permit issuance.
2. The elevator shaft cannot drain to the sanitary sewer unless there is an oil/sand separator.
3. It is recommended that the Applicant install a grease trap for the commercial space to
allow food service occupant.
4. The sewer service should connect to the sewer in the alley.
Section 15: PMI0 Mitie:ation and Transportation Options Proe:ram
The City of Aspen considers the following elements of the project as mitigating the potential
increases in pmlO: the Project's proximity to downtown, proximity to transit services,
existing pedestrian connections and trails, no additional on-site parking, and a monetary
contribution to the car-share program.
The owner(s) of the commercial units within the Project shall inform and encourage
commercial tenants to join the City of Aspen Transportation Options Program. This
program offers certain incentives to reduce automobile reliance.
Section 16: 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. The Subdivision Plat shall comply
Ordinance No.
Series of2005. Page 5
with current requirements of the City Community Development Engineer. The following
items shall also be depicted:
I. Any easements and signature blocks for utility mains not administered by the City of
Aspen.
I. A utility plan meeting the standards of the City Engineer and City utility agencies.
The City Water Department prefers one fire tap and one domestic service tap with
subsequent branch lines to serve individual buildings and residences.
2. A drainage plan depicting roof and surface drainage and how it will be connected to
the City's storm drainage system.
3. A right-of-way improvement plan acceptable to the City Parks Department showing
the design concept for the sidewalk pavers, bike rack including installation technique
which protects the existing cottonwood trees, and protection and irrigation of the
cottonwood trees.
4. 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.
Section 17: Subdivision Al!: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. An agreement with the Police Chief and the Sheriff regarding parking of emergency
vehicles during construction and a notification procedure for relocating parking as
needed.
Section 18: Buildinl!: Permit Requirements
The building permit application shall include/depict:
I. A letter from the primary contractor stating that the approving Ordinance and
Subdivision Improvement Agreement has been read and understood. The contractor
shall specifically state an understanding of the Construction Staging and
Police/Sheriff Parking agreement.
2. A signed copy of the final Ordinance and Subdivision Improvement Agreement
granting land use approval.
3. A construction management and parking plan meeting the specifications of the City
Building Department.
4. Compliance with Accessibility requirements, including an accessible route to the
trash area.
5. A construction staging plan showing areas for material storage, contractor parking,
and showing how the Main Street trees will be fenced-off and protected during
construction.
Ordinance No.
-
Series of 2005. Page 6
6. A fugitive dust control plan approved by the Environmental Health Department.
The applicant shall wash tracked mud and debris from the street as necessary, and
as requested by the City, during construction. The applicant shall provide phone
contact information for on-site project management to address construction
impacts to: The City of Aspen, Pitkin County, the Building Manager of the US
Bank Building, and the Galena Lofts Homeowners Association.
7. A fire suppression plan acceptable to the Fire Marshall, including the standpipe.
8. Compliance with the specifications and requirements of the Aspen Consolidated
Sanitation District.
9. Prior to issuance of the Building Permit, all impact fees, cash-in-lieu fees, and
monetary contributions, as specified herein, shall be paid.
Section 19:
The non-conforming office space on the ground level of the building shall not be considered
"abandoned or discontinued," as such terms are used in Section 26.312.020 of the Land Use
Code, during the time period between issuance of a Building Permit and the issuance of a
Certificate of Occupancy for the building and this construction time period shall not be used
in the computation of discontinued use when considering the ability to reestablish an office
use within this space.
Section 20: 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: Unit IA
Galena Plaza Condominiums.
Section 21:
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.
Series of 2005. Page 7
_,,<,__~_~___'________'~'_"_"_ _.~_~__"_"~~_..,.C'~~._.<__"~~_e~_..~~_~__.~___'_".._.__'__'~._'_'__
Section 22:
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 23:
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 24:
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 25:
A public hearing on the Ordinance shall be held on the 11 tll day of April, 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 26:
This ordinance shall become effective thirty (30) days following final adoption.
[Signatures on following page]
Ordinance No. _,
Series of2005. Page 8
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of March, 2005.
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
Attachment A - Summary of GMQS Scoring
Bendon C:lhomelCurrent PlanningICASESIGalena-MainIOrdinance.doc
Ordinance No. _'
Series of 2005. Page 9
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Chris Bendon
Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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DavisHom~. rbC- ~/~.
PLANNING & REAL ESTATE CONSULTING ~~t'
2004 l7.AL _ ^ ~~i'
-r~" Of~'~ RECEIVED
DEe 2 7 2004
December 22,
Atircl'
BUILDING OB'ARTMENT
Re: Main & Galena Building - - Minor Amendment for Affordable
Housing Proposal
Dear Chris:
Lowell Meyer is represented by Davis Horn Incorporated in this
letter. You will recall at the Development Review Committee
meeting, the Building Department commented that there was
inadequate emergency egress from the proposed affordable housing
units located on the second floor.
The project architects have studied various options to resolve this
problem. The best solution is to amend the land use application to
propose two 2 bedroom and one studio category two rental dwelling
units on the second floor. Attachment 1 depicts the proposed
second level floor plan and shows there are proposed to be two
emergency egress points.
I have reviewed this change with Cindy Christensen of th Housing
Office and she has no objections to the amendment to the land use
application.
Please call me if
minor amendment
application.
you have any questions or concerns regarding this
to the Main and Galena Building land use
Sincerely,
DAVIS HORN INCORPORATED
hL<<L-
GLENN HORN AICP
cc: Cindy Christensen
ALICE DAVIS, A1CP I GLENN HORN. AICP
215 SOUTH MONARCH ST. . SUITE 104 . ASPEN, COLORADO 81611 . 970/925-6587 . FAX: 970/925-5180
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EXHIBIT B
STAFF FINDINGS - GALENA AND MAIN BUILDING
SUBDIVISION
A. General Requirements.
a. The proposed subdivision shall be consistent with the Aspen Area
Comprehensive Plan (AACP).
STAFF FINDING: I DOES IT COMPLY? I YES
The subject site is identitied in the Future Land Use Map of the 2000 AACP as
commercial. The mixed-use proposal is consistent with this element of the
AACP. The proposal will increase the pedestrian orientation of the commercial
uses on the property and add to the vitality of the area with the residential uses
on upper floors.
b. The proposed subdivision shall be consistent with the character of existing land
uses in the area.
STAFF FINDING: DOES IT COMPLY? YES
Staff believes that the subdivision to create multi-family units within this area of
town is consistent with the neighborhood character, which is primarily comprised
of commercial and mixed-use buildings and one multi-family building. No zone
chan e is ro osed.
c. The proposed subdivision shall not adversely affect the future development of
surrounding areas.
STAFF FINDING: I DOES IT COMPLY? I YES
Other surrounding lots will maintain access to public rights-of-way. The
developabijity of the adjacent lots will not be adversely affected by this
development. The site has adequate infrastructure and access and is not expected
to diminish the developability of these adiacent lots.
d. The proposed subdivision shall be in compliance with all applicable
requirements ofthis Title.
STAFF FINDING: DOES IT COMPLY? YES.
The Project is subject to a variety ofreviews in order to comply with the Land Use
Code. Assumin these reviews are a roved, staff finds this criterion met.
B. Suitability of Land for Subdivision.
Staff Findings - Main and Galena
Page 1
a. Land Suitability. The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mudflow, rockslide, avalanche or snow slide, steep topography or any other
natural hazard or other condition that will be harmful to the health, safety, or
welfare of the residents in the proposed subdivision.
ST AFF FINDING: DOES IT COMPLY? YES
Staff finds that the parcel is generally suitable for development considering all of
the above dan ers. No natural hazards are know to be resent.
b. Spatial Pattern Efficient. The proposed subdivision shall not be designed to
create spatial patterns that cause inefficiencies, duplication or premature
extension of public facilities and unnecessary public costs.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff finds that the proposed subdivision will not create spatial patterns that cause
inefficiencies, duplication or premature extension of public facilities and
unnecessary public costs.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See,
Chapter 26.430) if the following conditions have been met:
I. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen
Area Comprehensive Plan, the existing, neighboring development areas, and/or
the goals of the community.
STAFF FINDING: DOES IT COMPLY?
No variations to the subdivision standards are
2. The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
STAFF FINDING: I DOES IT COMPLY? I YES
No variations to the subdivision standards are requested.
D. AtIordable Housing. A subdivision which is comprised of replacement dwelling
units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.520, Replacement Housing Program. A subdivision
which is comprised of new dwelling units shall be required to provide atlordable
housing in compliance with the requirements of Chapter 26.470, Growth
Management Quota System.
Staff Findings - Main and Galena
Page 2
STAFF FINDING: I DOES IT COMPLY? I YES
The Project is prosing affordable housing in compliance with Section 26.470 -
growth management.
E. School Land Dedication. Compliance with the School Land Dedication Standards
set forth at Chapter 26.630.
Applicability. School land dedication standards shall be assessed upon all new
subdivisions within the City of Aspen which contain residential units.
An applicant may make a cash payment in-lieu of dedicating land to the City, or
may make a cash payment in combination with a land dedication, to comply
with the standards of this Section. This section of the subdivision regulations
requires the dedication of land or the payment of an in-lieu fee for each new
residential unit in a subdivision.
STAFF FINDING: I DOES IT COMPLY? I YES
Compliance with the School Land Dedication Standards will be required for the
residential dwelling units proposed. The site is not considered suitable for locating
a School facility and a cash-in-lieu payment is recommended. The applicant shall
pay cash in lieu of a land dedication, which will be required at time of building
permit.
AFFORDABLE HOUSING EXEMPTION FROM GMQS
All affordable housing deed restricted in accordance with the housing guidelines of the City
COlillcil and its housing designee shall be exempt. The review of any request for exemption
of housing pursuant to this Section shall include:
I. A determination of the City's need for such housing.
STAFF FINDING: I DOES IT COMPLY? I YES
The City has not met it goals for affordable housing, as stated in the 2000 AACP.
The need for low-category rental housing, in particular, is in high demand and is
one of the Aspen/Piktin County Housing Authority's priority types of units.
2. The proposed development's compliance with The Aspen Area Community Plan,
housin sections, and addendum to said Ian.
STAFF FINDING: DOES IT COMPLY? YES
The subject site is identified in the Future Land Use Map of the 2000 AACP as
commercial. The mixed-use proposal is consistent with this element of the AACP.
The proposal will increase the pedestrian orientation of the commercial uses on the
property and add to the vitality of the area with the residential uses on upper floors.
The application is consistent with the Housing Section of the AACP by providing
high-quality units within the existing developed area (good city form) and by
mixin affordable units with free-market units (healthy social balance).
Staff Findings - Main and Galena
Page 3
3. The proposed location, number, type, size, rental/sale miX, and pricelincome
restrictions of the affordable housin units.
STAFF FINDING: DOES IT COMPLY? YES
The proposal includes three units - one studio and two two-bedroom units. All are
Catego 2 rental units.
4. The phasing of affordable housing unit production in relation to impacts being
miti ated throu h such rovision.
STAFF FINDING: DOES IT COMPLY? YES
The units are to be developed at the same time as the remained of the project and
will be concurrent with the associated im acts.
FREE-MARKET GMQS ALLOCATION
Actions required for approval of allotments. Since the Growth Management Quota
System applies throughout the City of Aspen, no growth management allocation shall be
awarded unless the City Council accepts the recommendation ofthe Planning and Zoning
Commission. The procedures governing challenges and appeals are set out in sections
26.470.070ID) and (E).
STAFF FINDING: I DOES IT COMPLY? I YES
No challenges to the scoring have been submitted. Staff believes the sconng
process was valid and that no procedural mistakes were made.
Minimum scoring thresholds required for allocation. No growth management
allocation shall be awarded to projects that do not receive a final average score of at least
three points for each of the growth management scoring criteria of sections
26.470.080(C)(1), 26.470.080 (C)(2), 26.470.080 C) 3 and 26.470.080(C)(4).
STAFF FINDING: DOES IT COMPLY? YES
The ro'ect received scores which exceeded the minimum in each cate or
Allocation. Following the conclusion of all appeals, the City Council shall, by ordinance,
allocate development allotments among eligible applicants who meet the minimum
threshold established in section 26.4 70.090(B) or 26.4 70.100(B), as applicable, in the order
of priority established by their rank. Those applicants having received allotments may
proceed to apply for any further development approvals required by this chapter or any other
regulations of the city. Those development applications that have not met the minimum
threshold established in section 26.470.090(B) or 26.470.100(B), as applicable, shall be
denied.
STAFF FINDING: DOES IT COMPLY?
The ro osed ordinance accom Ii shes this
Staff Findings - Main and Galena
Page 4
Memorandum
V\\c
From: Paul Menter, Director of Finance and Administrative Servi
To: Aspen City Council
Thru: Steve Barwick, City Manager
Date: 3/8/2005
Att: Draft 2005 Sales Tax Revenue Refunding Bonds ordina
Savings Analysis, 1999 Sales Tax Revenue Bonds
Re: Recommended bond refunding: 1999 Sales Tax Revenue Bonds
Summary:
Staff requests Council authorization by emergency ordinance to refund the above captioned bond
issue.
Attached please find a draft ordinance providing for the refunding of the 1999 Sales Tax Revenue
Bonds, which financed several Parks and Recreation capital improvement projects. Staff request
authorization to take this proposed refunding to market the week of March 21,2005, and are therefore
recommending authorization of such action. The attached ordinance, presented here for first reading,
provides parameters requiring debt service savings on the proposed refunding, consistent with State
Constitutional requirements, and authorizes staff to work with our Brokers to market the bonds, and
establish final terms and conditions resulting for such marketing. Should marketing efforts not result
in savings required of the attached ordinance, the City will be under no obligation to continue with
the proposed refunding.
Analvsis:
Current market conditions provide the opportunity for the City to save over $359,000 in interest costs
(calculated on a net present value basis), and free up $1.2 million in bond reserves for use on Parks
and Open Space projects by refunding the 1999 Sales Tax bonds. The proposal is for a refunding
designed to maximize interest savings to the City over the remaining life of the bond issues. No "new
money" is requested as part of this bond issue. The attached savings analysis provides a specific
estimate of savings to the City, under current market conditions, of this proposal.
Recommendation:
Staff recommends that the Council authorize staff by motion to negotiate terms and conditions to
market a sales tax revenue refunding bond issue to replace the 1999 sales tax revenue bonds, saving
an estimated $359,000 in net present value interest costs, and freeing up $1.2 million in bond reserves
for use in funding future City parks capital improvement projects.
~ ')~ ")
tf.:,'-.J (!pPr-- ~l4r<1 ~.
~.
CERTIFIED RECORD
OF
PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF:
City of Aspen, Colorado
Sales Tax Revenue Refunding Bonds
Series 2005
This cover page is not a part of the following ordinance and is included solely for the
convenience of the reader.
02-200005.1
TABLE OF CONTENTS
Page
Definitions.............................................................................................................. 4
Authorization and Purpose of Series 2005 Bonds ................................................. 9
Series 2005 Bond Details.......................................................................................9
Form of Series 2005 Bonds.................................................................................. 11
Registration, Transfer and Exchange of Series 2005 Bonds................................ 11
Replacement of Lost, Destroyed or Stolen Series 2005 Bonds ........................... 11
Execution of Series 2005 Bonds.......................................................................... 12
Redemption of Series 2005 Bonds Prior to Maturity........................................... 12
Delivery of Series 2005 Bonds Upon Original Issuance ..................................... 13
Creation and Renaming of Funds and Accounts.................................................. 13
Application of Proceeds of Series 2005 Bonds.................................................... 14
Special Obligations; Pledge and Lien for Payment of Bonds.............................. 14
Conditions to Issuance of Additional Parity Bonds............................................. 15
Application of Pledged Revenues ........................................................................ 17
Bond Fund.. '" ...................... ... ... ...... ...... ...................................... ......................... 18
Series 2005 Reserve Fund.................................................................................... 18
Rebate Fund ...... ............................ ... .................. .......................... ................ ........ 19
Payments to and by Paying Agent ....................................................................... 20
General Administration of Funds......................................................................... 20
Additional General Covenants ....................................................... ................ ...... 20
Coyenants Regarding Exclusion ofInterest on Series 2005 Bonds from
Gross Income for Federal Income Tax Purposes................................................. 22
Defeasance. ...... ... ... ... .... ... .......... ... .................. ... ... ... ............................................ 23
Events of Default .... ... ... ......................... ... ...................... ................. ....... ... ... ... .... 23
Remedies for and Duties Upon Events ofDefault............................................... 24
Amendment of Ordinance.. ...... ...... ...... ...... ....... ... ...................... .......................... 25
Appointment and Duties of Paying Agent........................................................... 25
Provisions Relating to the Bond Insurer .............................................................. 26
Parties Interested Herein...................................................................................... 31
Events Occurring on Days That Are Not Business Days .................................... 32
Approval of Documents and Authorization of Officers ...................................... 32
Findings and Determinations ...............................................................................32
Ratification of Prior Actions..... ............ .......... ...... ....... ...... ................. ........... ...... 33
Repeal ofInconsistent Resolutions; Contract with Owners of Series 2005
Bonds; Resolution Irrepealable............................................................................ 33
Section 34. Headings, Table of Contents and Cover Page ..................................................... 33
Section 35. Severability.... .... ....... .......... ..................... ...... ................ ... ....... ................ ............ 33
Section 36. Recordation.................. ............. ...... ... ......................... .... ... ... .......................... ..... 33
Section 37. Declaration of Emergency and Effective Date .................................................... 33
APPENDIX A FORM OF SERIES 2005 BOND
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31.
Section 32.
Section 33.
02-200005.1
ORDINANCE NO. tl (SERIES OF 2005)
AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF
ASPEN, COLORADO, OF ITS SALES TAX REVENUE REFUNDING
BONDS, SERIES 2005, IN THE AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $13,000,000, FOR THE PURPOSE OF ADVANCE REFUNDING
THE CITY'S SALES TAX REVENUE BONDS, SERIES 1999; PRESCRIBING
THE FORM OF THE SERIES 2005 BONDS; PROVIDING FOR THE
PAYMENT OF THE SERIES 2005 BONDS FROM THE SAME REVENUES
PLEDGED TO THE PAYMENT OF THE SERIES 1999 BONDS TO BE
REFUNDED (CONSISTING OF THE CITY'S ORIGINAL 1.0% OPEN SPACE
SALES TAX AND ITS ADDITIONAL 0.5% OPEN SPACE SALES TAX);
PROVIDING OTHER DETAILS AND APPROVING OTHER DOCUMENTS
IN CONNECTION WITH THE SERIES 2005 BONDS; DELEGATING THE
AUTHORITY TO THE CITY'S FINANCE DIRECTOR TO MAKE A FINAL
DETERMINATION OF CERTAIN TERMS OF THE SERIES 2005 BONDS;
DIRECTING THE CITY'S FINANCE DIRECTOR TO EXECUTE CERTAIN
DOCUMENTS IN CONNECTION WITH SUCH REFUNDING BONDS; AND
DECLARING AN EMERGENCY
WHEREAS, the City of Aspen (the "City"), in the County of Pitkin and State of
Colorado, is a legally and regularly created, established, organized and existing municipal
corporation under the provisions of Article XX of the Constitution of the State of Colorado and
the home rule charter of the City (as more particularly defined in Section 1 herein, the "Charter")
(all capitalized terms used and not otherwise defined in the recitals hereof shall have the meaning
assigned in Section 1 of this Ordinance); and
WHEREAS, under the Charter, the City is possessed of all powers which are necessary,
requisite or proper for the government and administration of its local and municipal matters, all
powers which are granted to home rule municipalities by the Colorado Constitution, and all
rights and powers that now or hereafter may be granted to municipalities by the laws of the State
of Colorado; and
WHEREAS, pursuant to Section 10.6 of the Charter, the City Council of the City (the
"City Council") may authorize, by ordinance, without an election, the issuance of refunding
bonds for the purpose of refunding and providing for the payment of the City's outstanding
bonds;
WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") provides
that voter approval in advance is required for the creation of any district (as such term is defined
in TABOR, which includes governmental entities such as the City) direct or indirect debt or
other multiple-fiscal year financial obligation whatsoever except for refinancing district bonded
debt at a lower interest rate; and
02-200005.1
WHEREAS, on August 4, 1999, the City issued its Sales Tax Revenue Bonds, Series
1999 (the "Refunded Bonds") pursuant to its Ordinance No. 31, Series of 1999 (the "Series 1999
Ordinance"); and
WHEREAS, pursuant to the City's Ordinance No. 16, Series of 1970 (the "Original Parks
and Open Space Sales Tax Ordinance"), the City levies a one percent (1.00%) sales tax (the
"Original Parks and Open Space Sales Tax") on all sales of tangible property and services
specified in Section 23.32.090 of the City's Municipal Code for the payment offood tax refunds,
and for the acquisition of real property including open space or construction of capital
improvements for municipal purposes, or the payment of indebtedness incurred for such
acquisition or construction of capital improvements for municipal purposes, for the expenditures
necessary to protect such property against loss, damage or destruction; and
WHEREAS, receipts from the Original Parks and Open Space Sales Tax are required by
Section 23.32.060(c)(3) of the City's Municipal Code to be set aside in a separate fund entitled
"Parks and Open Space Fund" and expended by the City Council solely for the acquisition of
parks, trails and open space real property, for the construction of improvements on any real
property, owned or purchased by the City for parks, trails and open space purposes, for the
rnaintenance of real property owned by the city and used for parks, trails and open space, and for
payment of indebtedness incurred for acquisition or improvement of parks, trails and open space
real property, food tax refunds payable by the City, and for such expenditures as may be
necessary to protect real property or the improvements thereon owned by the City for parks,
trails and open space purposes and for the payment of sales tax revenue bonds issued by the City;
and
WHEREAS, a majority of the City's qualified electors voting at the City's November 7,
2000 election approved the imposition of an additional 0.5% sales tax (as defined herein, the
"Additional Parks and Open Space Sales Tax" and, collectively with the Original Parks and
Open Space Sales Tax, the "Parks and Open Space Sales Tax") and the issuance of sales tax
revenue bonds for the purpose of buying, improving and maintaining trail, recreation and open
space properties and ancillary facilities; and
WHEREAS, the City, pursuant to Ordinance No.7, Series 01'2001 (the "Additional Parks
and Open Space Sales Tax Ordinance" and, together with the Original Parks and Open Space
Sales Tax Ordinance, the "Parks and Open Space Tax Ordinances"), has since January 1, 2001
levied the Additional Parks and Open Space Sales Tax and, pursuant to Section 23.32.060(c)(7)
of the City's Municipal Code, deposits the revenues of the Additional Parks and Open Space
Sales Tax in the Parks and Open Space Fund; and
WHEREAS, the net revenues of the Parks and Open Space Sales Tax are pledged to the
payment of the principal of and interest on the Refunded Bonds pursuant to the Series 1999
Ordinance; and
WHEREAS, on August 21, 2001, the City issued the City of Aspen, Colorado, Parks and
Open Space Sales Tax Revenue Bonds, Series 2001 (the "Series 2001 Bonds") for the purpose of
providing funds for buying, improving and maintaining trail, recreation and open space
properties and ancillary facilities; and
02-200005.1
2
WHEREAS, the Series 2001 Bonds are secured by a lien on the Parks and Open Space
Sales Tax revenue on parity with the lien of the Refunded Bonds on such Parks and Open Space
Sales Tax revenue and will also be on parity with the Series 2005 Bonds; and
WHEREAS, the Refunded Bonds maturing on or before November I, 2009 are not
subject to redemption prior to their respective maturities, and the Refunded Bonds maturing on
and after Noyember I, 2010 are subject to redemption prior to their maturity, at the option of the
City, on November 1, 2009 at a redemption price equal to the principal amount of the bonds so
redeemed, plus accrued interest to the redemption date; and
WHEREAS, the City Council has determined that it is in the best interests ofthe City and
its residents to issue the City of Aspen, Colorado, Sales Tax Refunding Bonds, Series 2005, in
the aggregate principal amount not to exceed $13,000,000 (the "Series 2005 Bonds"), for the
purposes of advance refunding all of the Refunded Bonds at a lower interest rate, acquiring a
reserve fund surety bond, and paying the costs of issuance of the Bonds; and
WHEREAS, proceeds of the Series 2005 Bonds shall be deposited in an escrow account
and used to purchase, from the United States Department of the Treasury, direct obligations of,
or obligations the principal of and interest on which are unconditionally guaranteed by, the
United States of America and which are not callable before maturity by the issuer of such
obligations, in accordance with the defeasance provisions of the Series 1999 Ordinance (the
"Escrow Securities");
WHEREAS, a certified public accountant licensed to practice in the State of Colorado
(the "Verification Agent") will issue a report verifYing that the cash receipts from the payment of
principal of and interest on the Escrow Securities will be sufficient and will be received in due
time to pay the principal of and interest on the Refunded Bonds coming due and payable to and
through the redemption date of November 1, 2009 and to pay the redemption price of the
Refunded Bonds on such call date of November 1,2009; and
WHEREAS, pursuant to Section 6.8 of the Charter, the City's Director of Finance (the
"City Finance Director") shall perform such duties pertaining to the City's department of finance
as required by the City Council; and
WHEREAS, the City Council desires to delegate the authority to the City Finance
Director to make a final determination of the par amount, interest rates, amount of principal
maturing in any year, redemption price or prices, denominations and price or prices at which the
Series 2005 Bonds shall be sold; and
WHEREAS, the City Council also desires to delegate the authority to the City Finance
Director to determine whether it is economically beneficial to obtain a financial guaranty
insurance policy insuring the payment of the Series 2005 Bonds and, if so determined, to confirm
that Ambac Assurance Corporation shall be, or otherwise identify, the Bond Insurer and execute
the Commitment; to determine whether a surety bond is to be obtained to secure payments on the
Series 2005 Bonds, and to execute and deliyer the Bond Purchase Agreement and approve
certain terms thereof, all in accordance with the provisions ofthis Ordinance;
02-200005.1
3
WHEREAS, pursuant to Section 4.11 of the Charter, the City is authorized to adopt
emergency ordinances for the preservation of public property, health, peace, or safety; and
WHEREAS, the savings derived from the timely issuance of the Series 2005 Bonds is
anticipated to be greater if the Series 2005 Bonds can be issued in a timely fashion, thus
benefiting the City's inhabitants with such savings; and
WHEREAS, there is a need for issuing the Series 2005 Bonds in a timely manner in order
to take advantage of existing market conditions and obtain the greatest savings to the City's
inhabitants, thus freeing up City revenues which can be used for the purposes of preserving
public property, health, peace and safety; and
WHEREAS, this ordinance is being adopted to authorize the issuance, sale and delivery
of the Series 2005 Bonds, to provide for the details of and the security for the Series 2005 Bonds;
NOW, THEREFORE, BE IT ORDAINED by the City Council of City of Aspen,
Colorado:
Section 1. Definitions. The following terms shall have the following meanings as used
in this Ordinance:
"Additional Parks and Open Space Sales Tax" means the 0.5% sales tax that is levied in
addition to the Original Parks and Open Space Sales Tax by the City pursuant to the authority
granted by the Ballot Question, the Additional Parks and Open Space Sales Tax Ordinance and
Section 23.32.060(c)(7) of the City's Municipal Code;
"Additional Parity Bonds" means any bonds or other obligations (which mayor may not
be multiple-fiscal year [mancial obligations) permitted to be issued pursuant to Section 13 hereof
with a lien that is equal and on a parity with the lien of the Series 2001 Bonds and the Series
2005 Bonds on the Pledged Revenues, the Bond Fund and the Revenue Fund.
"Ballot Question" means the ballot question approved by City voters on November 7,
2000 authorizing the Additional Parks and Open Space Sales Tax.
"Bond Counsef' means (a) as of the date of issuance of the Series 2005 Bonds, Kutak
Rock LLP, and (b) as of any other date, Kutak Rock LLP or such other attorneys selected by the
City with nationally recognized expertise in the issuance of municipal bonds.
"Bond Funcf' means the City of Aspen, Colorado, Sales Tax Revenue Refunding Bonds
Bond Fund renamed as such in Section 10 hereof.
"Bond Insurance Policy" means the policy issued by the Bond Insurer that guarantees
payment of principal of and interest on the Series 2005 Bonds.
"Bond Insurer" means Ambac Assurance Corporation, and its successors.
02-200005.1
4
"Bond Purchase Agreement" means the Bond Purchase Agreement dated
, 2005 pursuant to which the Original Purchaser has agreed to purchase the
Series 2005 Bonds at the price and on the terms set forth therein.
"Bonds" means, collectively, the Series 2001 Bonds, the Series 2005 Bonds and any
Additional Parity Bonds.
"Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which
banking institutions in the State are authorized or obligated by law or executive order to be
closed for business.
"Charter" means the Charter of the City of Aspen, adopted June 16, 1970, as amended.
"City" means the City of Aspen, Colorado, and any successor thereto.
"City Councif' means the City Council of the City, and any successor body.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to a
section of the Code herein shall be deemed to include the United States Treasury Regulations
proposed or in effect thereunder and applicable to the Series 2005 Bonds or the use of proceeds
thereof, unless the context clearly requires otherwise.
"Defeasance Securities" means Permitted Investments that are bills, certificates of
indebtedness, notes, bonds or similar securities which are direct non-callable obligations of the
United States of America or which are fully and unconditionally guaranteed as to the timely
payment of principal and interest by the United States of America.
"Event of Default" means any of the events specified in Section 23 hereof.
"Fitch" means Fitch Investors Service, Inc. and its successors.
"Interest Payment Date" means any date on which a payment of principal of, premium, if
any, or interest on the Bonds is due pursuant to Section 3(c) hereof.
"Letter of Instructions" means the Letter of Instructions, dated the date of issuance of the
Series 2005 Bonds, delivered by Bond Counsel to the City, as it may be superseded or amended
in accordance with its terms.
"Moody's" means Moody's Investor Service and its successors.
"Ordinance" means this Ordinance, which authorizes the issuance of the Series 2005
Bonds, including any amendments or supplements hereto.
"Original Parks and Open Space Sales Tax" means the 1.0% Open Space Sales Tax
levied by the City pursuant to the Original Parks and Open Space Sales Tax Ordinance.
"Original Parks and Open Space Sales Tax Ordinance" means the City's Ordinance No.
16, Series of 1970.
02-200005.1
5
"Original Purchaser" means Stifel, Nicolaus & Company, Incorporated Hanifen Imhoff
Division.
"Outstanding" means, as of any date, all Bonds, except the following:
(a) any Bond cancelled by the City or the Paying Agent, or otherwise on the
City's behalf, at or before such date;
(b) any Bond held by or on behalf of the City;
(c) any Bond for the payment or the redemption of which moneys or
Defeasance Securities sufficient to meet all of the payment requirements of the principal
of, interest on, and any premium due in connection with the redemption of such Bond to
the date of maturity or any redemption date thereof, shall have theretofore been deposited
in trust for such purpose in accordance with Section 22 hereof; and
(d) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in
substitution for which another bond or other security shall have been executed and
delivered.
"Owner" means the Person or Persons in whose name or names a Series 2005 Bond is
registered on the registration books maintained by the Paying Agent pursuant hereto.
"Parks and Open Space Fund" means the City's Parks and Open Space Fund maintained
by the City pursuant to Section 23.32.060(c)(3) of the City's Municipal Code.
"Parks and Open Space Sales Tax" means, collectively, the Original Parks and Open
Space Sales Tax and the Additional Parks and Open Space Sales Tax.
"Parks and Open Space Sales Tax Ordinances" means, collectively the Original Parks
and Open Space Sales Tax Ordinance and the Additional Parks and Open Space Sales Tax
Ordinance.
"Paying Agent" means American National Bank, and its successors in interest or assigns
approved by the City.
"Permitted Investments" means any investment which is permitted for investment of City
Funds by the Charter and all other applicable laws which are included on the following list:
(a) Cash (insured at all times by the Federal Deposit Insurance Corporation or
otherwise collateralized with obligations described in clause (b) below);
(b) Direct obligations of (including obligations issued or held in book entry
form on the books of) the Department of the Treasury of the United States of America;
(c) Senior debt obligations of other government sponsored agencies approved
by the Bond Insurer;
02-200005.\
6
(d) Obligations of any of the following federal agencies which obligations
represent the full faith and credit of the United States of America, including:
Export-Import Bank
Farm Credit System Financial Assistance Corporation
Rural Economic Community Development Administration (formerly the
Farmers Home Administration)
General Services Administration
U.S. Maritime Administration
Small Business Administration
Government National Mortgage Association (GNMA)
U.S. Department of Housing & Urban Development (PHA's)
Federal Housing Administration
Federal Financing Bank;
(e) Direct obligations of any of the following federal agencies which
obligations are not fully guaranteed by the full faith and credit of the United States of
America:
Senior debt obligations rated "Aaa." by Moody's and "AAA" by S&P
issued by the Federal National Mortgage Association (FNMA) or Federal
Home Loan Mortgage Corporation (FHLMC)
Obligations of the Resolution Funding Corporation (REFCORP)
Senior debt obligations of the Federal Home Loan Bank System
Senior debt obligation of other Government Sponsored Agencies approved
by the Bond Insurer
(f) U.S. dollar denominated deposit accounts, federal funds and bankers'
acceptances with domestic commercial banks which have a rating on their short term
certificates of deposit on the date of purchase of"P- I" by Moody's and "A-I" or "A-l+"
by S&P and maturing no more than 360 calendar days after the date of purchase (Ratings
on holding companies are not considered as the rating of the bank.);
(g) Commercial paper which is rated at the time of purchase in the single
highest classification, "P-I " by Moody's and "A- 1 +" by S&P and which matures not
more than 270 calendar days after the date of purchase;
(h) Investments in a money market fund rated "AAAm" or "AAAm-G" or
better by S&P;
(i) Pre-refunded Municipal Obligations defined as follows: Any bonds or
other obligations of any state of the United States of America or of any agency,
instrumentality or local governmental unit of any such state and which are:
(i) not callable at the option of the obligor prior to maturity or as to
which irrevocable instructions have been given by the obligor to call on the date
specified in the notice, and
02-200005.1
7
(ii) either:
(A) are rated, based on an irrevocable escrow account or fund, in
the highest rating category of S&P and Moody's; or
(B) are fully secured as to principal and interest and redemption
premium, if any, by an escrow consisting only of cash or obligations
described in paragraph (b) under this definition, which escrow may be
applied only to the payment of such principal of an interest and
redemption premium, if any, on such bonds or other obligations on the
maturity date or dates thereof or the specified redemption date or dates
pursuant to such irrevocable instructions, as appropriate; and which
escrow is sufficient, as verified by a nationally recognized independent
certified public accountant, to pay principal or and interest and redemption
premium, if any, on the bonds or other obligations described in this
paragraph (i) on the maturity date or dates specified in the irrevocable
instructions referred to above, as appropriate.
G) Municipal obligations rated "AaaJAAA" or general obligations of states
with a rating of at least "All A" or higher by both Moody's and S&P; and
(k) Any investment agreement or other form of investment approved III
writing by the Bond Insurer.
"Person" means a corporation, firm, other body corporate, partnership, association or
individual and also includes an executor, administrator, trustee, receiver or other representative
appointed according to law.
"Pledged Revenues" means, for each fiscal year, all of the proceeds of the Parks and
Open Space Sales Tax after deduction of the reasonable and necessary costs and expenses of
collecting and enforcing the Parks and Open Space Sales Tax, if any.
"Rebate Funcf' means the City of Aspen, Colorado, Sales Tax Revenue Refunding
Bonds, Series 2005, Rebate Fund created in Section 10 hereof
"Refunded Bonds" means the City of Aspen, Colorado, Sales Tax Revenue Bonds, Series
1999 issued pursuant to the Series 1999 Ordinance, including the Registered Coupons (as
defined in the Series 1999 Ordinance).
"Reserve Fund Contract" has the meaning specified in Section 16(b) hereof.
"Reserve Fund Requirement" means, as of any date on which it is calculated, with respect
to each series of Bonds, the least of (a) 10% of the principal amount of such series of Bonds,
(b) the maximum annual debt service in any calendar year on the Outstanding Bonds of such
series or (c) 125% of the average annual debt service on the Bonds of such series; provided,
however, that the Reserve Fund Requirement may be reduced if, in the opinion of Bond Counsel,
the funding or maintenance of it at the level otherwise determined pursuant to this definition will
02-200005.1
8
adversely affect the exclusion from gross income tax for federal income tax purposes of interest
on any ofthe Bonds.
"Revenue Funcf' means the City of Aspen, Colorado, Sales Tax Revenue Refunding
Bonds Revenue Fund renamed as such in Section 10 hereof
"Sale Certificate" means the certificate executed by the Finance Director under the
authority delegated pursuant to this Ordinance, including but not limited to the Sections hereof
entitled "Bond and Registered Coupon Details," "Redemption of Bonds Prior to Maturity" and
"Approval of Related Documents" which set forth, among other things, the prices at which the
Bonds will be sold, the delivery date of the Bonds, interest rates and annual maturing principal
for the Bonds, as well as the dates on which the Bonds may be redeemed and the redemption
prices therefor.
"S&P" means Standard & Poor's Ratings Services, a division of the McGraw-Hili
Companies, Inc., and its successors.
"Series 1999 Ordinance" means the City's Ordinance No. 31, Series of 1999, pursuant to
which the Refunded Bonds were issued.
"Series 2001 Bonds" means the City of Aspen, Colorado, Open Space Sales Tax
Revenue Bonds, Series 2001, authorized pursuant to the Series 2001 Ordinance.
"Series 2001 Ordinance" means the City's Ordinance No. 29, Series of2001, pursuant to
which the Series 2001 Bonds were issued.
"Series 2005 Reserve Funcf' means the City of Aspen, Colorado, Sales Tax Revenue
Refunding Bonds, Series 2005, Reserve Fund created in Section 10 hereof.
"Series 2005 Surety Boncf' means the Reserve Fund Contract issued by the Bond Insurer
guaranteeing certain payments from the Series 2005 Reserve Fund with respect to the Series
2005 Bonds.
"State" means the State of Colorado.
Section 2. Authorization and Purpose of Series 2005 Bonds. Pursuant to and in
accordance with the Charter, the City hereby authorizes, and directs that there shall be issued, the
"City of Aspen, Colorado, Sales Tax Revenue Refunding Bonds, Series 2005" in the aggregate
principal amount set forth in the Sale Certificate (the "Series 2005 Bonds") for the purpose of
refunding the Refunded Bonds, purchasing the Series 2005 Surety Bond, and paying the costs of
issuance of the Series 2005 Bonds.
Section 3. Series 2005 Bond Details.
(a) Registered Form, Denominations, Original Dated Date and Numbering.
The Series 2005 Bonds shall be issued as fully registered bonds in the denominations set
forth in the Sale Certificate, shall be dated as of the date set forth in the Sale Certificates,
shall be consecutively numbered in the manner determined by the Paying Agent and shall
02-200005.1
9
be registered in the names of the Persons identified in the registration books of the City
maintained by the Paying Agent.
(b) Maturity Dates, Principal Amounts and Interest Rates. The Series 2005
Bonds shall mature on November I of the years and in the principal amounts, and shall
bear interest at the rates per annum (calculated based on a 360-day year of twelve 30-day
months) set forth in the Sale Certificate. The City Council hereby delegates to the City
Finance Director the authority to determine the dated date of the Series 2005 Bonds, the
price at which the Series 2005 Bonds will be sold, the amount of principal of the Series
2005 Bonds maturing in any particular year and the rate of interest on the Series 2005
Bonds; provided, however, that such final determination made by the City Finance
Director shall be within the parameters set forth below:
(i) The aggregate original principal amount of the Series 2005 Bonds
shall not exceed $13,000,000;
(ii) The net effective interest rate of the Series 2005 Bonds shall not
exceed 4.90% per annum;
(iii) The price or prices at which the Series 2005 Bonds are sold shall
be not less than 98%; and
(iv) The redemption price or prices of the Series 2005 Bonds shall not
exceed 101 %.
(c) Accrual and Dates of Payment of Interest. Interest on the Series 2005
Bonds shall accrue at the rates set forth in the Sale Certificate from the later of the
original dated date or the latest interest payment date (or in the case of defaulted interest,
the latest date) to which interest has been paid in full and shall be payable on May I and
November 1 of each year, commencing on the date set forth in the Sale Certificate. The
City Finance Director is hereby authorized to determine the first interest payment date on
the Series 2005 Bonds.
(d) Manner and Form of Payment. Principal of, premium, if any, and the
final installment of interest on each Series 2005 Bond shall be payable to the Owner
thereof upon presentation and surrender of such bond at the principal office of the Paying
Agent in the city identified in the definition of Paying Agent in Section I hereof. Interest
(other than the final installment of interest) on each Series 2005 Bond shall be payable by
check or draft of the Paying Agent mailed on the interest payment date to the Owner
thereof as of the close of business on the fifteenth day (whether or not such day is a
Business Day) of the month preceding the month in which the Interest Payment Date
occurs. All payments of the principal of, premium, if any, and interest on the Series 2005
Bonds shall be made in lawful money of the United States of America.
(e) Book-Entry Registration. Notwithstanding any other provision hereof,
the Series 2005 Bonds shall be delivered only in book-entry form registered in the name
of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, New
York, acting as securities depository of the Series 2005 Bonds and principal of, premium,
02-200005.1
10
if any, and interest on the Series 2005 Bonds shall be paid by wire transfer to DTC;
provided, however, if at any time the Paying Agent determines, and notifies the City of
its determination, that DTC is no longer able to act as, or is no longer satisfactorily
performing its duties as, securities depository for the Series 2005 Bonds, the Paying
Agent may, at its discretion, either (i) designate a substitute securities depository for DTC
and reregister the Series 2005 Bonds as directed by such substitute securities depository
or (ii) terminate the book-entry registration system and reregister the Series 2005 Bonds
in the names ofthe beneficial owners thereof provided to it by DTC. Neither the City nor
the Paying Agent shall have any liability to DTC, Cede & Co., any substitute securities .
depository, any Person in whose name the Series 2005 Bonds are reregistered at the
direction of any substitute securities depository, any beneficial owner of the Series 2005
Bonds or any other Person for (A) any determination made by the Paying Agent pursuant
to the proviso at the end of the immediately preceding sentence or (B) any action taken to
implement such determination and the procedures related thereto that is taken pursuant to
any direction of or in reliance on any information provided by DTC, Cede & Co., any
substitute securities depository or any Person in whose name the Series 2005 Bonds are
reregistered.
Section 4. Form of Series 2005 Bonds. The Series 2005 Bonds shall be in substantially
the form set forth in Appendix A hereto, with such changes thereto, not inconsistent herewith, as
may be necessary or desirable and approved by the officials of the City executing the same
(whose manual or facsimile signatures thereon shall constitute conclusive evidence of such
approval). Although attached as an appendix for the convenience of the reader, Appendix A is
an integral part of this Ordinance and is incorporated herein as if set forth in full in the body of
this Ordinance.
Section 5. Registration, Transfer and Exchange of Series 2005 Bonds. The Paying
Agent shall maintain registration books in which the ownership, transfer and exchange of Series
2005 Bonds shall be recorded. The Person in whose name any Series 2005 Bond shall be
registered on such registration books shall be deemed to be the absolute owner thereof for all
purposes, whether or not payment on any Series 2005 Bond shall be overdue, and neither the
City nor the Paying Agent shall be affected by any notice or other information to the contrary.
The Series 2005 Bonds may be transferred or exchanged, at the principal office of the Paying
Agent in the city identified in the definition of Paying Agent in Section 1 hereof, for a like
aggregate principal amount of Series 2005 Bonds of other authorized denominations of the same
maturity and interest rate, upon payment by the transferee of a transfer fee, any tax or
governmental charge required to be paid with respect to such transfer or exchange and any cost
of printing bonds in connection therewith. Upon surrender for transfer of any Series 2005 Bond,
duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his
or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall
authenticate and deliver in the name of the transferee a new Series 2005 Bond.
Section 6. Replacement of Lost, Destroyed or Stolen Series 2005 Bonds. If any
Series 2005 Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be
replaced in the form and tenor of the lost, destroyed, stolen or taken bond and the City shall
execute and the Paying Agent shall authenticate and deliver a replacement Series 2005 Bond
upon the Owner furnishing, to the satisfaction of the Paying Agent: (a) proof of ownership
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(which shall be shown by the registration books of the Paying Agent), (b) proof of loss,
destruction or theft, (c) an indemnity to the City and the Paying Agent with respect to the Series
2005 Bond lost, destroyed or taken, and (d) payment of the cost of preparing and executing the
new bond or bonds.
Section 7. Execution of Series 2005 Bonds. The Series 2005 Bonds shall be executed
in the name and on behalf of the City with the manual or facsimile signature of the Mayor or
Mayor Pro Tem of the City, shall bear a manual or facsimile of the seal of the City and shall be
attested by the manual or facsimile signature of the City Clerk or Deputy or Assistant City Clerk,
all of whom are hereby authorized and directed to prepare and execute the Series 2005 Bonds in
accordance with the requirements hereof. Should any officer whose manual or facsimile
signature appears on the Series 2005 Bonds cease to be such officer before delivery of any Series
. 2005 Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all
purposes. When the Serie.s 2005 Bonds have been duly executed, the officers of the City are
authorized to, and shall, deliver the Series 2005 Bonds to the Paying Agent for authentication.
No Series 2005 Bond shall be secured by or entitled to the benefit of this Ordinance, or shall be
valid or obligatory for any purpose, unless the certificate of authentication of the Paying Agent
has been manually executed by an authorized signatory of the Paying Agent. The executed
certificate of authentication of the Paying Agent upon any Series 2005 Bond shall be conclusive
evidence, and the only competent evidence, that such Series 2005 Bond has been properly
authenticated and delivered hereunder.
Section 8. Redemption of Series 2005 Bonds Prior to Maturity.
(a) Optional Redemption. The Series 2005 Bonds shall be subject to
redemption at the option of the City, in whole or in part, and if in part in such order of
maturities as the City shall determine and by lot within a maturity on such dates as set
forth in the Sale Certificate. The City Council hereby delegates to the City Finance
Director the authority to determine the dates on which the Series 2005 Bonds shall be
subject to optional redemption and the redemption price or prices at which such
redemption may be made, provided, however, that such redemption price or prices shall
not exceed 101 % of the principal amount so redeemed.
(b) Mandatory Sinking Fund Redemption. The Series 2005 Bonds shall be
subject to mandatory sinking fund redemption by lot on November 1 of the years and in
the principal amounts specified in the Sale Certificate, at a redemption price equal to the
principal amount to be redeemed (with no redemption premium), plus accrued interest to
the redemption date. The City Council hereby delegates to the City Finance Director the
authority to determine the dates on which the Series 2005 Bonds shall be subject to
mandatory sinking fund redemption.
If the Sale Certificate designates mandatory sinking fund redemption dates for the
Series 2005 Bonds, the City, at its option, to be exercised on or before the forty-fifth day
next preceding each sinking fund redemption date, may (i) purchase and cancel any
Series 2005 Bonds with the same maturity date as the Series 2005 Bonds subject to such
sinking fund redemption and (ii) receive a credit in respect of its sinking fund redemption
obligation for any Series 2005 Bonds with the same maturity date as the Series 2005
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Bonds subject to such sinking fund redemption which prior to such date have been
redeemed (otherwise than through the operation of the sinking fund) and cancelled and
not theretofore applied as a credit against any sinking fund redemption obligation. Each
Series 2005 Bond so purchased and cancelled or previously redeemed shall be credited at
the principal amount thereof to the obligation of the City on such sinking fund
redemption date, and the principal amount of Series 2005 Bonds to be redeemed by
operation of such sinking fund on such date shall be accordingly reduced.
(c) Redemption Procedures. Notice of any redemption of Series 2005 Bonds
shall be given by sending a copy of such notice by first-class, postage prepaid mail, not
less than 30 days prior to the redemption date, to the Owner of each Series 2005 Bond
being redeemed. Such notice shall specify the number or numbers of the Series 2005
Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any
Series 2005 Bond shall have been duly called for redemption and if, on or before the
redemption date, the City shall have set aside funds sufficient to pay the redemption price
of such Series 2005 Bond on the redemption date, then such Series 2005 Bond shall
become due and payable at such redemption date, and from and after such date interest
will cease to accrue thereon. Failure to deliver any redemption notice or any defect in
any redemption notice shall not affect the validity of the proceeding for the redemption of
Series 2005 Bonds with respect to which such failure or defect did not occur. Any Series
2005 Bond redeemed prior to its maturity by prior redemption or otherwise shall not be
reissued and shall be cancelled.
Section 9. Delivery of Series 2005 Bonds Upon Original Issuance. Prior to the
authentication and delivery by the Paying Agent of the Series 2005 Bonds in connection with
their original issuance there shall be filed with the Paying Agent (a) a certified copy of this
Ordinance and (b) a request and authorization to the Paying Agent on behalf of the City and
signed by the Mayor or Mayor Pro Tem to authenticate the Series 2005 Bonds and to deliver the
Series 2005 Bonds to the Original Purchaser or the Persons designated therein, upon payment to
the City of a sum specified in such request and authorization plus accrued interest thereon to the
date of delivery. Upon the authentication of the Series 2005 Bonds, the Paying Agent shall
deliver the same to the Original Purchaser or its designee as directed in such request and
authorization.
Section 10. Creation and Renaming of Funds and Accounts.
(a) There is hereby created by the City the following funds and accounts:
(i) the Rebate Fund, designated as the "City of Aspen, Colorado,
Sales Tax Revenue Refunding Bonds, Series 2005, Rebate Fund"; and
(ii) the Series 2005 Reserve Fund, designated as the "City of Aspen,
Colorado, Sales Tax Revenue Refunding Bonds, Series 2005, Reserve Fund."
(b) The following funds created pursuant to Section 13 of the Series 1999
Ordinance are hereby renamed as follows:
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(i) the Bond Fund, designated by the Series 1999 Ordinance as the
"City of Aspen, Colorado, Sales Tax Revenue Bonds, Series 1999, Bond Fund" is
hereby renamed the "City of Aspen, Colorado, Sales Tax Revenue Refunding
Bonds Bond Fund"; and
(ii) the Revenue Fund, designated by the Series 1999 Ordinance as the
"City of Aspen, Colorado, Sales Tax Revenue Bonds, Series 1999, Revenue
Fund" is hereby renamed the "City of Aspen, Colorado, Sales Tax Revenue
Refunding Bonds Revenue Fund."
Section 11. Application of Proceeds of Series 2005 Bonds. The proceeds received by
the City from the sale of the Series 2005 Bonds shall be applied as in the manner set forth in the
Sales Certificate. The City Council hereby authorizes the City Finance Director to make such
determinations as to the application of such proceeds in accordance with the provisions of this
Ordinance. The City Council hereby authorizes the City Finance Director to allocate such
proceeds to the purchase of the Series 2005 Surety Bond or to deposit proceeds in the Series
2005 Reserve Fund, as determined by the City Finance Director.
Section 12. Special Obligations; Pledge and Lien for Payment of Bonds.
(a) Series 2005 Bonds. The City hereby pledges the Pledged Revenues, the
Bond Fund, the Series 2005 Reserve Fund and the Revenue Fund for the payment of the
principal of, premium, if any, and interest on the Series 2005 Bonds at any time
Outstanding, and grants an irrevocable and first lien for such purpose on the Pledged
Revenues, the Bond Fund, the Series 2005 Reserve Fund and the Revenue Fund.
(b) Series 2001 Bonds. The City hereby further pledges the Pledged
Revenues, the Bond Fund, the Series 1999 Reserve Fund and the Revenue Fund for the
payment of the principal of, premium, if any, and interest on the Series 2001 Bonds at
any time Outstanding, and grants an irrevocable and first lien for such purpose on the
Pledged Revenues, the Bond Fund, the Series 1999 Reserve Fund and the Revenue Fund.
(c) Additional Parity Bonds. Subject to Section 13 hereof, the City also
hereby pledges the Pledged Revenues, the Bond Fund and the Revenue Fund for the
payment ofthe principal of, premium, if any, and interest on any Additional Parity Bonds
at any time Outstanding, and grants an irrevocable and first lien for such purpose on the
Pledged Revenues, the Bond Fund and the Revenue Fund.
(d) Equally and Ratably Secured. The Bonds shall be equally and ratably
secured by the pledge of and lien on the Pledged Revenues, the Bond Fund and the
Revenue Fund granted by this Section and shall not be entitled to any priority one over
the other in the application of Pledged Revenues or the moneys on deposit at any time in
the Bond Fund and the Revenue Fund.
(e) Superior Liens Prohibited. The City shall not pledge or create any other
lien on the revenues and moneys pledged pursuant to this Section that is superior to the
pledge thereof or lien thereon pursuant hereto.
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(f) Subordinate Liens Permitted. Nothing herein shall prohibit the City from
pledging or creating a lien on the revenues and moneys pledged and the lien created
pursuant to subsections (a), (b) and (c) of this Section that is subordinate to the pledge
thereof or lien thereon pursuant to such subsections, provided that no such subordinate
pledge or lien shall be created unless and until there is delivered to the Paying Agent a
written certification by the Mayor that no Event of Default has occurred and is
continuing.
(g) No Prohibition on Additional Security. Nothing herein shall prohibit the
City from (i) using, pledging or granting a lien on any revenues from the Parks and Open
Space Sales Tax that are not Pledged Revenues or any other moneys for the payment of
the principal of, premium, if any, or interest on the Bonds or (ii) depositing any revenues
from the Parks and Open Space Sales Tax that are not Pledged Revenues or any other
moneys into the Bond Fund or the Revenue Fund (and thereby subjecting the moneys so
deposited to the pledge made and lien granted by this Section).
(h) Bonds are Special, Limited Obligations of the City. The Bonds are
special, limited obligations of the City payable solely from and secured solely by the
Pledged Revenues and the other sources specified in this Ordinance and shall not be
deemed or construed as creating a debt or indebtedness of the City within the meaning of
any constitutional or statutory limitation.
Section 13. Conditions to Issuance of Additional Parity Bonds. So long as any Bonds
may be Outstanding:
(a) Limitations Upon Issuance of Additional Parity Bonds. Nothing in this
Ordinance shall be construed to prevent the issuance by the City of Additional Parity
Bonds (including refunding obligations) payable in whole or in part from the Pledged
Revenues (or any designated part thereof) and constituting a lien thereon on a parity with,
but not prior or superior to, the lien of the Series 2005 Bonds, Series 200 I Bonds and any
previously issued Additional Parity Bonds; provided, however, that before any such
Additional Parity Bonds are authorized or actually issued:
(i) The City is then current in all payments required to have been
accumulated in the Bond Fund, the Series 2005 Reserve Fund, the Series 2001
Reserve Fund and any reserve fund maintained with respect to any then
Outstanding series of Additional Parity Bonds, and there is not otherwise an
Event of Default as defined in Section 23 hereof.
(ii) The revenues derived from the entire Pledged Revenues for the
twelve consecutive calendar months immediately preceding the month of issuance
of such Additional Parity Bonds shall have been sufficient to pay an amount equal
to 150% ofthe combined maximum annual principal and interest requirements (to
and including the final maturity of each then-Outstanding series of Bonds) on the
then-Outstanding Bonds and on the Additional Parity Bonds then proposed to be
issued (including any reserve requirements therefor).
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(iii) The ordinance authorizing such Additional Parity Bonds shall
require that a reserve fund for Additional Parity Bonds be created in an amount
equal to the Reserve Fund Requirement for such Additional Parity Bonds. The
City may, however, comply with the Reserve Fund Requirement through a
Reserve Fund Contract that meets the standards established in Section 16 hereof.
(b) Certificate of Revenues. A written certification by a certified public
accountant who is not a regular salaried employee of the City that such Pledged Revenues
are sufficient to pay the amounts required by paragraph (a)(ii) of this Section shall be
conclusively presumed to be accurate in determining the right of the City to authorize,
issue, sell and deliver Additional Parity Bonds.
(c) Subordinate Obligations Permitted. Nothing in this Ordinance shall be
construed to prevent the issuance by the City of additional obligations (including
refunding obligations) payable from the Pledged Revenues (or any designated part
thereof) and having a lien thereon subordinate or junior to the lien of the Bonds.
(d) Superior Obligations Prohibited. Nothing in this Ordinance shall be
construed to permit the City to issue additional obligations (including refunding
obligations) payable from the Pledged Revenues (or any designated part thereof) having a
lien thereon prior and superior to the lien ofthe Bonds.
(e) Refunding Obligations. The provisions of this Section are subject to the
following exception:
(i) Privilege of Issuing Refunding Obligations. If at any time after
any of the Bonds, or any part thereof, shall have been issued and remain
Outstanding, the City shall find it desirable to refund all or any part of the
Outstanding Bonds, such Bonds, or any part thereof, may be refunded (but only
with the consent of the Owner or Owners thereof, unless such Bonds, at the time
of their required surrender for payment, shall then mature, or shall then be subject
to redemption prior to maturity).
(ii) Limitations Upon Issuance of Parity Refunding Obligations. No
refunding obligations payable from the Pledged Revenues (or any designated part
thereof) shall be issued on a parity with the Series 2001 Bonds and Series 2005
Bonds, unless:
(A) the lien on such Pledged Revenues of the outstanding
obligations so refunded is on a parity with the lien thereon of the Series
2001 Bonds and Series 2005 Bonds; or
(B) the refunding obligations are issued in compliance with
subsection (a) of this Section.
(iii) Partial Refunding of Bonds. Any refunding obligations so issued
to refund any of the Bonds shall enjoy complete equality of lien with any Bonds
which are not refunded.
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(iv) Limitations Upon Refundings. Any refunding obligations payable
from the Pledged Revenues may be issued with such details as the City may by
ordinance provide, but without any impairment of any contractual obligations
imposed upon the City by this Ordinance.
Section 14. Application of Pledged Revenues. So long as any of the Bonds shall
remain Outstanding, all Pledged Revenues, as they are received, shall be transferred from the
Parks and Open Space Fund or any other funds or accounts to which they are required to be
deposited by the Section 23-32-060(c)(7) of the City's Municipal Code or otherwise, and shall
thereupon be deposited into the Revenue Fund, and the Pledged Revenues are hereby
appropriated for such purpose. Moneys on deposit in the Revenue Fund shall be transferred from
the Revenue Fund and applied to the following purposes and in the following order of priority:
(a) FIRST, there shall be credited to the Bond Fund an amount necessary,
together with any moneys therein and available therefor, to pay the next due installment
of principal of, premium, if any, and interest on the Bonds;
(b) SECOND, there shall be credited, on a pro rata basis, to the Series 2005
Reserve Fund, the Series 2001 Reserve Fund and any reserve fund or funds created with
respect to any series of Additional Parity Bonds an amount, if any, necessary to increase
the amount on deposit in each of such funds to the Reserve Fund Requirement for such
fund or to repay the provider of a Reserve Fund Contract for a drawing thereon. No
payment need be made into any such fund so long as the moneys therein shall equal not
less than the Reserve Fund Requirement for such fund and no draw has been made on any
Reserve Fund Contract deposited in such fund. The Reserve Fund Requirement for each
such fund shall be accumulated and maintained in each such fund as a continuing reserve
to be used, except as hereinafter provided, only to prevent deficiencies in the payment of
the principal of, premium, if any, and interest on the Bonds.
(c) THIRD, there shall be credited to the Parks and Open Space Fund or,
subject to any limitation in the Charter, the Parks and Open Space Sales Tax Ordinances
and the City's Municipal Code, used in any lawful manner by the City, any amounts
remaining after making the deposits required by subsections (a) and (b) of this Section.
(d) Notwithstanding subsections (a) and (b) of this Section, no payment need
be made pursuant to subsection (a) or (b) of this Section into either the Bond Fund, the
Series 2005 Reserve Fund, the Series 2001 Reserve Fund or any reserve fund created for
a series of Additional Parity Bonds if the on deposit in such funds total a sum at least
equal to the entire amount of the Outstanding Bonds as to any principal, premium, if any,
and interest requirements, to their respective maturities, or to any redemption date on
which the City shall have exercised its option to redeem all or a portion ofthe Bonds then
Outstanding and thereafter maturing, and both accrued and not accrued, in which case
moneys in such funds in an amount at least equal to such principal, premium, if any, and
interest requirements shall be used solely to pay such as the same accrue, and any moneys
in excess thereof in such funds may, subject to any limitations in the Parks and Open
Space Sales Tax Ordinances or the City's Municipal Code, be used in any lawful manner
by the City.
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Section 15. Bond Fund. Moneys in the Bond Fund shall be used solely for the purpose
of paying the principal of, premium, if any, and interest on the Bonds.
Section 16. Series 2005 Reserve Fund.
(a) Use of Moneys in Series 2005 Reserve Fund. If on any date specified in
Section 18 hereof, the City shall have for any reason failed to pay to the Paying Agent the
full amount required to pay the next installment of principal of or interest on the Bonds,
then an amount equal to the amount needed to bring the amount in the Bond Fund to the
full amount so required shall be immediately paid, pro rata, to the Paying Agent from: (i)
the Series 2005 Reserve Fund with respect to the portion of the deficiency corresponding
to the amounts due on the Series 2005 Bonds; (ii) the Series 2001 Reserve Fund with
respect to the portion of the deficiency corresponding to the amounts due on the
Refunded Bonds; and (iii) any reserve fund or funds created with respect to any series of
Additional Parity Bonds with respect to the portion of the deficiency corresponding to the
amounts due on such series of Additional Parity Bonds. The money so used shall be
replaced in the Series 2005 Reserve Fund, the Series 2001 Reserve Fund and any such
other reserve fund or funds on a pro rata basis from the first Pledged Revenues thereafter
received not required to be otherwise applied hereunder, but excluding any payments
required for any subordinate obligations. If in any period the City shall for any reason
fail to pay into the Series 2005 Reserve Fund, the Series 2001 Reserve fund or any such
other reserve fund or funds the full amount above stipulated from the Pledged Revenues,
the difference between the amount paid and the amount so stipulated shall in a like
manner be deposited therein from the first Pledged Revenues thereafter received not
required to be applied otherwise by this Section, but excluding any payments required for
any subordinate obligations. Moneys in the Series 2005 Reserve Fund, the Series 2001
Reserve Fund and any such other reserve fund shall be used solely for the purpose of
paying the principal of, premium, if any, and interest on the series of Bonds with respect
to which such fund is maintained.
(b) Use of Moneys in Excess of Reserve Fund Requirement Any moneys at
any time in excess of the Reserve Fund Requirement in the Series 2005 Reserve Fund,
the Series 2001 Reserve Fund or any reserve fund or funds maintained with respect to
any series of Additional Parity Bonds may be withdrawn therefrom and, subject to any
limitation in the Charter, the Parks and Open Space Sales Tax Ordinances and the City's
Municipal Code, used in any lawful manner by the City.
(c) Reserve Fund Contract.
(i) The City may substitute for the cash or Permitted Investments in
any Reserve Fund a surety bond issued by an entity rated at least "A" by Standard
& Poor's Ratings Services (a "Reserve Fund Contract"), so long as the amount on
deposit in any Reserve Fund after such substitution is at least equal to the Reserve
Fund Requirement. In the event the City shall substitute a Reserve Fund Contract
for the cash or Permitted Investments in any Reserve Fund, the amount on deposit
in any Reserve Fund shall be that amount available to be drawn or otherwise paid
pursuant to such surety bond at the time of calculation. If any Reserve Fund shall
02-200005.1
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include both cash or Permitted Investments and a Reserve Fund Contract, the cash
and Permitted Investments shall be used before any demand is made on any
Reserve Fund Contract. Notwithstanding the foregoing, prior to such substitution,
the City must receive an opinion of nationally recognized municipal bond counsel
to the effect that such substitution and the intended use by the City of the cash or
Permitted Investments to be released from any Reserve Fund will not adversely
affect the exclusion from gross income for federal income tax purposes of interest
on the Bonds to which such Reserve Fund applies.
(ii) The Series 2005 Surety Bond is hereby recognized to be a Reserve
Fund Contract described in paragraph (i) of this subsection (c). Upon issuance
thereof by the Bond Insurer, the Series 2005 Surety Bond shall be deposited in the
Series 2005 Reserve Fund and shall be used in the manner described in paragraph
(i) of this subsection (c).
(d) Valuation of Deposits. Cash shall satisfy the Reserve Fund Requirement
for the Series 2005 Reserve Fund by the amount of cash on deposit. Permitted
Investments shall satisfy the Reserve Fund Requirement by the value of such
investments. The value of each Permitted Investment on deposit in the Series 2005
Reserve Fund, the Series 2001 Reserve Fund and any reserve fund or funds created with
respect to any series of Additional Parity Bonds shall be (i) its purchase price from the
date of purchase until the first date thereafter on which the Reserve Fund Requirement is
calculated pursuant to subsection (e) of this Section and (ii) following each date on which
the Reserve Fund Requirement is calculated pursuant to subsection (e) of this Section
until the next date on which the Reserve Fund Requirement is so calculated, its fair
market value determined as of such calculation date. A Reserve Fund Contract shall
satisfy the Reserve Fund Requirement by the amount payable to the City pursuant to such
contract.
(e) Calculation of Reserve Fund Requirement and Transfers Resulting
from Calculation. The Reserve Fund Requirement for each of the Series 2005 Reserve
Fund, the Series 200 I Reserve Fund and any reserve fund or funds created with respect to
any series of Additional Parity Bonds shall be calculated as of (i) the date of issuance of
the Series 2005 Bonds, (ii) the date of issuance of each series of Additional Parity Bonds
and (iii) each November I, commencing November 1, 2001. If, on any calculation date,
the amount on deposit in any of such funds is less than the Reserve Fund Requirement for
such fund, Pledged Revenues shall be deposited into such fund as provided in Section 14
hereof to the extent necessary to satisfy the Reserve Fund Requirement in cash or by the
purchase of Permitted Investments or a Reserve Fund Contract.
Section 17. Rebate Fund. The City shall deposit earnings from the investment of
proceeds of the Series 2005 Bonds, earnings from the investment of moneys on deposit in the
Bond Fund, the Series 2005 Reserve Fund and the Revenue Fund or other legally available
moneys in the Rebate Fund in the amounts and at the times provided in the Letter ofInstructions.
Earnings from the investment of moneys on deposit in the Rebate Fund shall be retained in the
Rebate Fund. Moneys on deposit in the Rebate Fund shall be used as provided in the Letter of
Instructions.
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Section 18. Payments to and by Paying Agent.
(a) Payments to Paying Agent. No later than the Business Day immediately
preceding each Interest Payment Date, the City shall deliver moneys to the Paying Agent
in an amount sufficient to pay the principal of, premium, if any, and interest on the Bonds
on such date from the sources and in the priority order set forth below:
First, from moneys on deposit in the Bond Fund; and
Second, if and to the extent the moneys on deposit in the Bond Fund are
not sufficient to pay the principal of, premium, if any, or interest due on the
Bonds on such date, from the Series 2005 Reserve Fund, the Series 2001 Reserve
Fund and any reserve fund maintained with respect to any series of Additional
Parity Bonds, on a pro rata basis, pursuant to Section 16 hereof.
(b) Payments by Paying Agent. The Paying Agent shall use the moneys
delivered to it pursuant to subsection (a) of this Section to pay the principal of, premium,
if any, and interest on the Bonds when due.
Section 19. General Administration of Funds. The funds and accounts established
pursuant to this Ordinance, with the exception of the Rebate Fund, shall be administered as
follows, subject to the limitations stated in Sections 16 and 21 of this Ordinance:
(a) Investment of Money. Any moneys in any such fund and account may be
invested in Permitted Investments. The obligations in which moneys in each fund or
account are invested shall be deemed at all times to be part of the respective fund or
account, and any appreciation or loss resulting therefrom shall be recorded to such fund
or account. Interest accruing on the investment of any moneys in the Series 2005
Reserve Fund shall be deposited as received into the Revenue Fund, and interest accruing
on the investment of any moneys in any other such fund or account shall be credited to
the fund or account from which it is derived. The City Finance Director shall present for
redemption or sale in the prevailing market any obligations so purchased as an
investment of moneys in the fund or account whenever it shall be necessary to do so in
order to provide moneys to meet any payment or transfer from said fund or account.
(b) Deposits of Funds. The moneys and investments comprising each of such
funds and accounts shall be deposited in one or more banks or savings and loans
associations, each of which is a member of the Federal Deposit Insurance Corporation.
Each payment shall be made into and credited to the proper fund or account on the date
specified, but if such date shall be other than a Business Day, such payment shall be
made on the next preceding Business Day. Nothing herein shall prevent the
establishment of one or more such bank accounts, for all of such funds and accounts, or
shall prevent the combination of such funds and accounts with any other bank account or
accounts for other accounts ofthe City.
Section 20. Additional General Covenants. In addition to the other covenants of the
City contained herein, the City hereby further covenants for the benefit of Owners of the Bonds
that:
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(a) Payment of Series 2005 Bonds. The City will promptly payor cause to
be paid the principal of, premium, if any, and interest on the Series 2005 Bonds, at the
place, on the dates and in the manner provided in this Ordinance, according to the true
intent and meaning ofthis Ordinance.
(b) No Repeal or Modification of Parks and Open Space Sales Tax
Ordinances or Applicable Sections of City's Municipal Code. The City shall not repeal
the Parks and Open Space Sales Tax Ordinances or adopt any modification of such
ordinances or any provisions of the City's Municipal Code which would impair the
Pledged Revenues.
(c) Duty to Impose Open Space Sales Tax. If the Parks and Open Space
Sales Tax Ordinances, the provisions of the City's Municipal Code referred to in
subsection (b) of this Section or any modifying or supplemental instrument thereto not
contravening the limitations of subsection (b) of this Section, or any part of such
ordinances or such portions of the City's Municipal Code, shall ever be held to be invalid
or unenforceable or shall otherwise be terminated, it shall be the duty of the City, to the
extent possible under then existing law, to adopt immediately such ordinances, to seek
such voter approval, if any, as may then be required by law, or to take any other action
necessary to produce at least the same amount of Pledged Revenues as would have
otherwise been produced under the terms of such ordinances and such portions of the
City's Municipal Code.
(d) Impairment of Contract. The City agrees that any law, ordinance or
resolution of the City in any manner affecting the Pledged Revenues or the Bonds, shall
not be repealed or otherwise directly or indirectly modified in such a manner as to impair
any Bonds Outstanding, unless in the case of this Ordinance the required consent of the
Owners of the then Outstanding Bonds is obtained pursuant to Section 25 of this
Ordinance.
(e) Records. So long as any of the Bonds remain Outstanding, proper books
of record and account will be kept by the City, separate and apart from all other records
and accounts, showing complete and correct entries of all transactions relating to the
Pledged Revenues. The Owners of any Bonds shall have the right at any reasonable time
to inspect such records and accounts.
(f) Audits. The City further agrees that it will, within 120 days following the
close of each fiscal year, cause an audit of such books and accounts to be made by an
independent certified public accountant, showing the revenues and expenditures of the
Pledged Revenues. The City agrees to furnish forthwith a copy of each such audit to the
Owner of any Bond at his request, and without request to the Original Purchaser. Any
such Owner shall have the right to discuss with the accountant or person making the audit
its contents and to ask for such additional information as he may reasonably require.
(g) Extending Interest Payments. In order to prevent any accumulation of
claims for interest after maturity, the City will not directly or indirectly extend or assent
to the extension of time for the payment of any claim for interest on any of the Bonds and
02-200005.1
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it will not directly or indirectly be a party to or approve any such arrangement; and in
case the time for payment of any interest shall be extended, such installment or
installments of interest after such extension or arrangement shall not be entitled in case of
default hereunder to the benefit or security of this Ordinance except subject to the prior
payment in full of the principal of all Bonds and then Outstanding, and of matured
interest on such Bonds, the payment of which has not been extended.
(h) Performing Duties. The City will faithfully and punctually perform all
duties with respect to the Pledged Revenues required by the Charter and the Constitution
and laws of the State of Colorado, and the ordinances and resolutions of the City,
including but not limited to, the proper segregation of the Pledged Revenues and their
application to the respective funds.
(i) Other Liens. Other than that granted for the Bonds herein, there are
presently no other liens or encumbrances of any nature whatsoever on or against the
Pledged Revenues.
(j) City's Existence. The City will maintain its corporate identity and
existence so long as any of the Bonds remain Outstanding, unless another body corporate
and politic by operation of law succeeds to the duties, privileges, powers, liabilities,
disabilities, immunities and rights of the City and is obligated by law to receive and
distribute the Pledged Revenues in place of the City, without affecting to any substantial
degree the privileges and rights of any Owner of any Outstanding Bond.
Section 21. Covenants Regarding Exclusion of Interest on Series 2005 Bonds from
Gross Income for Federal Income Tax Purposes. For purposes of ensuring that the interest on
the Series 2005 Bonds is and remains excluded from gross income for federal income tax
purposes, the City hereby covenants that:
(a) Prohibited Actions. The City will not use or permit the use of any
proceeds of the Series 2005 Bonds or any other funds of the City from whatever source
derived, directly or indirectly, to acquire any securities or obligations and shall not take
or permit to be taken any other action or actions, which would cause any Series 2005
Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code, or would
otherwise cause the interest on any Series 2005 Bond to be includible in gross income for
federal income tax purposes.
(b) Affirmative Actions. The City will at all times do and perform all acts
permitted by law that are necessary in order to assure that interest paid by the City on the
Series 2005 Bonds shall not be includible in gross income for federal income tax
purposes under the Code or any other valid provision of law. In particular, but without
limitation, the City represents, warrants and covenants to comply with the following rules
unless it receives an opinion of Bond Counsel stating that such compliance is not
necessary: (i) gross proceeds of the Series 2005 Bonds will not be used in a manner that
will cause the Series 2005 Bonds to be considered "private activity bonds" within the
meaning of the Code; (ii) the Series 2005 Bonds are not and will not become directly or
indirectly "federally guaranteed"; and (iii) the City will timely file Internal Revenue
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Form 8038-G which shall contain the information required to be filed pursuant to
Section 149( e) ofthe Code.
(c) Letter of Instructions. The City will comply with the Letter of
Instructions, including but not limited by the provisions of the Letter of Instructions
regarding the application and investment of Series 2005 Bond proceeds, the calculations,
the deposits, the disbursements, the investments and the retention of records described in
the Letter of Instructions; provided that, in the event the original Letter of Instructions is
superseded or amended by a new Letter of Instructions drafted by, and accompanied by
an opinion of, Bond Counsel stating that the use of the new Letter of Instructions will not
cause the interest on the Series 2005 Bonds to become includible in gross income for
federal income tax purposes, the City will thereafter comply with the new Letter of
Instructions.
Section 22. Defeasance. Any Series 2005 Bond shall not be deemed to be Outstanding
hereunder if it shall have been paid and cancelled or if cash or Defeasance Securities shall have
been deposited in trust for the payment thereof (whether upon or prior to the maturity of such
Series 2005 Bond, but if such Series 2005 Bond is to be paid prior to maturity, the City shall
have given the Paying Agent irrevocable directions to give notice of redemption as required by
this Ordinance, or such notice shall have been given in accordance with this Ordinance). In
computing the amount of the deposit described above, the City may include interest to be earned
on the Defeasance Securities. If less than all the Series 2005 Bonds are to be defeased pursuant
to this Section, the City, in its sole discretion, may select which of the Series 2005 Bonds shall
be defeased.
Section 23. Events of Default. If any of the following events occurs, it is hereby
declared to constitute an Event of Default:
(a) default in the due and punctual payment of the principal of, premium, if
any, or interest on any Bond whether at maturity thereof, or upon proceedings for
redemption thereof; or
(b) the City is for any reason rendered incapable of fulfilling its obligations
hereunder; or
(c) default in the due and punctual performance of the City's covenants or
conditions, agreements and provisions as set forth in this Ordinance, other than those
delineated in paragraphs (a) and (b) of this Section, and such default has continued for 60
days after written notice specifying the default and requiring the same to be remedied has
been given to the City by the Owners of 25% in principal amount of the Bonds then
Outstanding; or
(d) the City shall file a petition for bankruptcy or shall be declared insolvent
by a court of competent jurisdiction.
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Section 24. Remedies for and Duties Upon Events of Default.
(a) Remedies for Events of Default. Upon the happening and continuance of
any of the Events of Default as provided in Section 23 of this Ordinance, then and in
every case, the Owner or Owners of not less than 25% in principal amount of the Bonds
then Outstanding, including but not limited to, a trustee or trustees therefor, may proceed
against the City and its agents, officers and employees, to protect and enforce the rights
of any Owner of Bonds under this Ordinance by mandamus or other suit, action or special
proceedings in equity or at law, in any court of competent jurisdiction, either for the
specific performance of any covenant or agreement contained herein or in an award of
execution of any power herein granted for the enforcement of any proper legal or
equitable remedy as such Owner or Owners may deem most effectual to protect and
enforce the rights aforesaid, or thereby to enjoin any act or thing which may be unlawful
or in violation of any right of any Owner, or to require the governing body to act as if it
were the trustee of an express trust, or any combination of such remedies. All such
proceedings at law or in equity shall be instituted, had and maintained for the equal
benefit of all Owners of the Bonds then Outstanding. The failure of any such Owner so
to proceed shall not relieve the City or any of its officers, agents or employees of any
liability for failure to perform any duty. Each right or privilege of any such Owner (or
trustee thereof) is in addition and cumulative to any other right or privilege, and the
exercise of any right or privilege by or on behalf of any Owner shall not be deemed a
waiver of any other right or privilege thereof.
(b) Duties Upon Events of Default. Upon the happening of any of the Events
of Default as provided in Section 23 of this Ordinance, the City will do and perform all
proper acts on behalf of and for the Owners of the Bonds to protect and preserve the
security created for the payment of their Bonds and to insure the payment of the principal
of, premium, if any, and interest on Bonds promptly as the same become due. All
proceeds derived from the Pledged Revenues, during such period of default and so long
as any of the Bonds, as to any principal, premium, if any, and interest are Outstanding
and unpaid, shall be paid into the Bond Fund, and used for the purposes herein provided.
In the event the City fails or refuses to proceed as provided in this Section, the Owner or
Owners of not less than 25% in principal amount of the Bonds then Outstanding, after
demand in writing, may proceed to protect and enforce the rights of the Owners as herein
provided.
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Section 25. Amendment of Ordinance. This Ordinance may be amended or
supplemented by ordinance adopted by the City Council in accordance with law, without receipt
by the City of additional considerations and without the consent of the Owners, to make any
amendment or supplement to this Ordinance which, in the opinion of Bond Counsel, is not to the
material prejudice of the Owners. This Ordinance may be amended or supplemented by
ordinance adopted by the City Council in accordance with law, without receipt by the City of any
additional consideration, but with the written consent of the Owners of 66-2/3% of the Bonds
Outstanding at the time of the adoption of the amendatory ordinance, excluding any Bonds held
for the account ofthe City; provided, however, that no such ordinance, without the consent of the
Owners of all Outstanding Bonds which will be adversely affected, shall have the effect of
permitting:
(a) an extension of the maturity of any Bond; or
(b) a reduction in the principal amount of any Bond, the rate of interest
thereon, or the premium payable thereon; or
(c) the creation of a lien upon or pledge of Pledged Revenues ranking prior to
the lien or pledge of Pledged Revenues created by this Ordinance; or
(d) a reduction of the principal amount of Bonds required for consent to such
amendatory or supplemental ordinance; or
( e) the establishment of priorities as between Bonds issued and Outstanding
under the provisions of this Ordinance; or
(f) the modification of or otherwise affecting the rights of the Owners of less
than all of any series of Bonds then Outstanding.
Section 26. Appointment and Duties of Paying Agent.
(a) The Paying Agent identified in Section 1 hereof is hereby appointed as
paying agent, registrar and authenticating agent for the Series 2005 Bonds unless and
until the City or the Bond Insurer removes it as such and appoints a successor Paying
Agent, in which event such successor shall, subject to subsection (b) of this Section,
automatically succeed to the duties of the Paying Agent hereunder and its predecessor
shall immediately turn over all its records regarding the Series 2005 Bonds to such
successor. The Paying Agent, by accepting its duties as such, agrees to perform all duties
and to take all actions assigned to it hereunder in accordance with the terms hereof.
(b) Any successor Paying Agent appointed as such pursuant to subsection (a)
of this Section must: (i) be a trust company or bank in good standing located in or
incorporated under the laws of the State; (ii) be duly authorized to exercise trust powers
and subject to examination by federal or State authority; (iii) have a capital and surplus at
the time of such appointment of not less than $75,000,000; and (iv) be acceptable to the
Bond Insurer.
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(c) Notwithstanding any other provIsIOn of this Ordinance, no removal,
resignation or termination of the Paying Agent shall take effect until a successor,
acceptable to the Bond Insurer, shall be appointed.
Section 27. Provisions Relating to the Bond Insurer.
(a) Agreement by Owners of Series 2005 Bonds for Benefit of Bond Insurer.
Each Owner of any Series 2005 Bond, by its purchase of such Series 2005 Bond, grants
to the Bond Insurer all the rights and privileges contained in this Section and any other
rights and privileges granted by any other provision hereof to the Bond Insurer as a
condition to, and in consideration for, the Bond Insurer's delivery of the Bond Insurance
Policy.
(b) Bond Insurer to Exercise Rights of Owners of Series 2005 Bonds. The
Bond Insurer shall be deemed to be the Owner of the Series 2005 Bonds for all purposes
other than the receipt of payments of principal of, premium, if any, and interest on the
Series 2005 Bonds, and the Bond Insurer shall be entitled to exercise all rights of the
Owner of the Series 2005 Bonds, except the right to receive payments of principal,'
premium, if any, and interest on the Series 2005 Bonds. These rights of the Bond Insurer
include, but are not limited to, (i) the right to control remedies following an Event of
Default pursuant to Section 24 hereof; (ii) the right to remove or consent to the removal
of the Paying Agent or object to the appointment of a successor Paying Agent pursuant to
Section 26 hereof; (iii) the right to consent to an amendment to this Ordinance pursuant
to Section 25(b) hereof; (iv) any right to vote as Owner of the Series 2005 Bonds in any
reorganization, liquidation or similar proceeding relating to the City or with respect to
any plan of reorganization or liquidation relating to the City; and (v) any other right to
consent, exercise rights or control proceedings by or on behalf of the Owners.
(c) Rights of the Bond Insurer Following Payment of Principal or Interest
on Series 2005 Bonds. If the Bond Insurer pays the principal of or interest due on any
Series 2005 Bond pursuant to the Bond Insurance Policy, then, unless and until the Bond
Insurer has been reimbursed for the amount so paid by it:
(i) the Bond Insurer shall be subrogated to all rights of the Owner of
such Series 2005 Bond, including, but not limited to, the rights of such Owner to
payments of principal, premium and interest on such Series 2005 Bond;
(ii) such Series 2005 Bond shall, notwithstanding the definition of
"Outstanding" in Section I hereof, remain Outstanding for all purposes and such
Series 2005 Bond shall not be defeased, nor shall the obligations of the City with
respect to such Series 2005 Bond be deemed satisfied, paid or otherwise
discharged, without the Bond Insurer's written consent; and
(iii) the pledge of the Pledged Revenues pursuant to Section 12 hereof
for the benefit of such Series 2005 Bond and all obligations of the City to the
Owners of the Series 2005 Bonds shall continue to exist and shall run to the
benefit of the Bond Insurer.
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(d) Bond Insurer as Third Party Beneficiary. To the extent that this
Ordinance confers upon or gives or grants to the Bond Insurer any right, remedy or claim
under or by reason of this Ordinance, the Bond Insurer is hereby explicitly recognized as
being a third-party beneficiary hereunder and may enforce any such right remedy or
claim conferred, given or granted hereunder.
(e) Valuation of Investments. Notwithstanding anything to the contrary
contained in this Ordinance, in computing the amount in any fund or account for any
purpose hereunder, investments shall be valued as of the end of each calendar month
based on the following rules:
(i) securities shall be valued based on one of the following:
(A) the closing bid price quoted by Interactive Data Systems,
Inc.;
(B) a valuation performed by a nationally recognized and
accepted pricing service acceptable to the Bond Insurer whose valuation
method consists of the composite average of various bid price quotes on
the valuation date; or
(C) the lower of two dealer bids on the valuation date, which
dealers or their parent holding companies are rated at least investment
grade by Moody's and S&P and are market makers in the securities being
valued;
(ii) certificates of deposit and bankers' acceptances shall be valued at
the face amount thereof, plus accrued interest; and
(iii) the value of any other investment shall be established by prior
agreement among the City, the Paying Agent and the Bond Insurer.
(f) Adverse Effect on Rights of Owners. In determining whether rights ofthe
Owners of any Series 2005 Bonds will be adversely affected by any action taken pursuant
to the terms of this Ordinance, the effect on the Owners shall be considered as if there
was no Bond Insurance Policy.
(g) Payment Procedure Under Bond Insurance Policy. The Paying Agent
and the City shall comply with the following provisions regarding payments under the
Bond Insurance Policy:
(i) At least one day prior to each Interest Payment Date, the Paying
Agent will determine whether there will be sufficient funds in the Bond Fund and,
if required, the Series 2005 Reserve Fund, to pay the principal of or interest on the
Series 2005 Bonds on such Interest Payment Date. If the Paying Agent
determines that there will be insufficient funds in such accounts, the Paying Agent
shall so notify the Bond Insurer. Such notice shall specify the amount of the
anticipated deficiency, the Series 2005 Bonds to which such deficiency is
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02-200005.1
applicable and whether such Series 2005 Bonds will be deficient as to principal or
interest, or both. If the Paying Agent has not so notified the Bond Insurer at least
one day prior to an Interest Payment Date, the Bond Insurer will make payments
of principal or interest due on the Series 2005 Bonds on or before the first day
next following the date on which the Bond Insurer shall have received notice of
nonpayment from the Paying Agent.
(ii) The Paying Agent shall, after giving notice to the Bond Insurer as
provided in paragraph (i) of this subsection (g), make available to the Bond
Insurer and, at the Bond Insurer's direction, to the United States Trust Company
of New York, as insurance trustee for the Bond Insurer or any successor insurance
trustee (the "Insurance Trustee"), the registration books relating to the Series 2005
Bonds maintained by the Paying Agent and all records relating to the funds and
accounts maintained under this Ordinance and any amendment hereto.
(iii) The Paying Agent shall provide the Bond Insurer and the Insurance
Trustee with a list of the Owners of Series 2005 Bonds entitled to receive
principal or interest payments from the Bond Insurer under the terms of the Bond
Insurance Policy, and shall make arrangements with the Insurance Trustee (A) to
mail checks or drafts to the Owners of Series 2005 Bonds entitled to receive full
or partial interest payments from the Bond Insurer and (B) to pay principal upon
Series 2005 Bonds surrendered to the Insurance Trustee by the Owners of Series
2005 Bonds entitled to receive full or partial principal payments from the Bond
Insurer.
(iv) The Paying Agent shall, at the time it provides notice to the Bond
Insurer pursuant to paragraph (i) of this subsection (g), notify the Owners of
Series 2005 Bonds entitled to receive the payment of principal or interest thereon
from the Bond Insurer (A) as to the fact of such entitlement; (B) that the Bond
Insurer will remit to them all or a part of the interest payments next coming due
upon proof of an Owner's entitlement to interest payments and delivery to the
Insurance Trustee, in form satisfactory to the Insurance Trustee, of an appropriate
assignment of the Owner's right to payment; (C) that should they be entitled to
receive full payment of principal from the Bond Insurer, they must surrender their
Series 2005 Bonds (along with an appropriate instrument of assignment in form
satisfactory to the Insurance Trustee to permit ownership of such Series 2005
Bonds to be registered in the name of the Bond Insurer) for payment to the
Insurance Trustee, and not the Paying Agent; and (D) that should they be entitled
to receive partial payment of principal from the Bond Insurer, they must surrender
their Series 2005 Bonds for payment thereon first to the Paying Agent, who shall
note on such Series 2005 Bonds the portion of the principal paid by the Paying
Agent and then, along with an appropriate instrument of assignment in form
satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then
pay the unpaid portion of principal.
(v) In the event that the Paying Agent has notice that any payment of
principal of or interest on an Series 2005 Bond which has become Due for
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Payment (as defined in the Bond Insurance Policy) and which is made to an
Owner by or on behalf of the City has been deemed a preferential transfer and
theretofore recovered from its Owner pursuant to the United States Bankruptcy
Code by a trustee in bankruptcy in accordance with the final, nonappealable order
of a court having competent jurisdiction, the Paying Agent shall, at the time the
Bond Insurer is notified pursuant to paragraph (i) of this subsection (g), notify all
Owners of Series 2005 Bonds that, in the event that any Owner's payment is so
recovered, such Owner will be entitled to payment from the Bond Insurer to the
extent of such recovery if sufficient funds are not otherwise available, and the
Paying Agent shall furnish to the Bond Insurer its records evidencing the
payments of principal of and interest on the Series 2005 Bonds which have been
made by the Paying Agent and subsequently recovered from Owners and the dates
on which such payments were made.
(vi) In addition to those rights granted the Bond Insurer under this
Ordinance, the Bond Insurer shall, to the extent it makes payment of principal of
or interest on Series 2005 Bonds, become subrogated to the rights ofthe recipients
of such payments in accordance with the terms of the Bond Insurance Policy, and
to evidence such subrogation (A) in the case of subrogation as to claims for past
due interest, the Paying Agent shall note the Bond Insurer's rights as subrogee on
the registration books relating to the Series 2005 Bonds maintained by the Paying
Agent upon receipt from the Bond Insurer of proof of the payment of interest
thereon to the Owners of the Series 2005 Bonds, and (B) in the case of
subrogation as to claims for past due principal, the Paying Agent shall note the
Bond Insurer's rights as subrogee on the registration books relating to the Series
2005 Bonds maintained by the Paying Agent upon surrender of the Series 2005
Bonds by the Owners thereof together with proof of the payment of principal
thereof.
(h) Payment Procedure Pursuant to Series 2005 Surety Bond. So long as
the Series 2005 Surety Bond is in full force and effect, the City and the Paying Agent
agree to comply with the following provisions:
(i) In the event and to the extent that moneys on deposit in the Bond
Fund, plus all amounts on deposit in and credited to the Series 2005 Reserve Fund
in excess of the amount of the Series 2005 Surety Bond, are insufficient to pay the
amount of principal and interest coming due, then upon the later of: (i) one day
after receipt by the General Counsel of the Bond Insurer of a demand for payment
in the form attached to the Series 2005 Surety Bond as Attachment I (the
"Demand for Payment"), duly executed by the Paying Agent certifying that
payment due under this Ordinance has not been made to the Paying Agent; or (ii)
the payment date of the Bonds as specified in the Demand for Payment presented
by the Paying Agent to the General Counsel ofthe Bond Insurer, the Bond Insurer
will make a deposit of funds in an account with the Paying Agent or its successor,
in New York, New York, sufficient for the payment to the Paying Agent, of
amounts which are then due to the Paying Agent under this Ordinance (as
specified in the Demand for Payment) up to but not in excess of the Surety Bond
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02-200005.1
Coverage, as defined in the Series 2005 Surety Bond; provided, however, that in
the event that the amount on deposit in, or credited to, the Series 2005 Reserve
Fund, in addition to the amount available under the Series 2005 Surety Bond,
includes amounts available under a letter of credit, insurance policy, surety bond
or other such funding instrument (an "Additional Funding Instrument"), draws on
the Series 2005 Surety Bond and the Additional Funding Instrument shall be
made on a pro rata basis to fund the insufficiency.
(ii) The Paying Agent, after submitting to the Bond Insurer the
Demand for Payment as provided in paragraph (a) of this Section, shall make
available to the Bond Insurer all records relating to the funds and accounts
maintained under this Ordinance.
(iii) The Paying Agent shall, upon receipt of moneys received from the
draw on the Series 2005 Surety Bond, as specified in the Demand for Payment,
credit the Series 2005 Reserve Fund to the extent of moneys received pursuant to
such Demand for Payment.
(iv) The Series 2005 Reserve Fund shall be replenished in the
following priority: (i) principal and interest on the Series 2005 Surety Bond and
on any Additional Funding Instrument shall be paid from first available Revenues
on a pro rata basis; and (ii) after all such amounts are paid in full, amounts
necessary to fund the Series 2005 Reserve Fund to the required level, after taking
into account the amounts available under the Surety Bond and any Additional
Funding Instrument, shall be deposited from next available Revenues.
(i) Information to be Provided to the Bond Insurer.
(i) The City shall deliver to the Bond Insurer's general counsel:
(A) notice immediately upon determining that the Pledged
Revenues and the moneys on deposit in the Parks and Open Space Fund
are insufficient to make any payment of principal of or interest on the
Series 2005 Bonds;
(B) notice immediately upon the occurrence of an Event of
Default; and
(C) notice of the failure of the City to provide any notice or
certificate required to be provided by the City hereunder.
(ii) The City shall deliver to the Bond Insurer's surveillance
department:
(A) within a reasonable period following the date the same is
delivered to any nationally recognized municipal securities information
repository, all financial information, operating data and notices that the
30
City delivers pursuant to any continuing disclosure undertaking relating to
the Series 2005 Bonds;
(B) within a reasonable period following a written request by
the Bond Insurer, any additional information regarding the City, of the
Bonds requested by the Bond Insurer; and
(C) any notice required to be delivered to the Owners of the
Series 2005 Bonds under this Ordinance.
(j) Access to Books and Records Relating to the Series 2005 Bonds. The
City and the Paying Agent shall permit the Bond Insurer to have access to and to make
copies of all books and records relating to the Series 2005 Bonds at any reasonable time.
(k) Discussions with Officers of the City. The City shall permit the Bond
Insurer to discuss the affairs, finances and accounts of the City or any information the
Bond Insurer may reasonably request regarding the security for the Series 2005 Bonds
with appropriate officers of the City.
(I) Right to Accounting. Upon the occurrence of an Event of Default, the
Bond Insurer shall have the right to require the City, at the City's expense, to conduct an
accounting of the funds and accounts securing the Series 2005 Bonds within 30 days of
the City's receipt of written notice of notice from the Bond Insurer, provided that, if the
accounting cannot be completed within such period, such period will be extended so long
as the accounting is begun within such period and diligently pursued.
(m) Provisions Granting Rights or Privileges to Bond Insurer and
References to Bond Insurer and Bond Insurance Policy Ineffective when No Series
2005 Bonds are Outstanding and Following Failure to Pay under Bond Insurance
Policy. Notwithstanding any other provision hereof, this Section, any other provision
hereof granting any rights or privileges to the Bond Insurer, and all references in this
Ordinance to the Bond Insurer and the Bond Insurance Policy shall be ineffective (i)
when no Series 2005 Bonds are Outstanding and (ii) following a failure by the Bond
Insurer to pay the principal of or interest on any Series 2005 Bond pursuant to the Bond
Insurance Policy.
(n) No Amendment of Provisions Hereof Granting Rights or Privileges to
Bond Insurer without Bond Insurer Consent. Notwithstanding any other provision
hereof, (i) no provision of this Section or other provision hereof granting any rights or
privileges to the Bond Insurer may be amended without the Bond Insurer's written
consent and (ii) the Bond Insurer at any time may waive any or all the provisions of this
Section or other provision hereof granting any rights or privileges to the Bond Insurer
permanently or with respect to one or more transactions or events or for any period of
time.
Section 28. Parties Interested Herein. Nothing in this Ordinance expressed or implied
is intended or shall be construed to confer upon, or to give or grant to, any person or entity, other
than the City, the Paying Agent, the Bond Insurer and the Owners of the Bonds, any right,
02-200005.1
31
remedy or claim under or by reason of this Ordinance or any covenant, condition or stipulation
hereof, and all covenants, stipulations, promises and agreements in this Ordinance contained by
and on behalf of the City shall be for the sole and exclusive benefit of the City, the Paying
Agent, the Bond Insurer and the Owners of the Bonds.
Section 29. Events Occurring on Days That Are Not Business Days. Except as
otherwise specifically provided herein with respect to a particular payment, event or action, if
any payment to be made hereunder or any event or action to occur hereunder which, but for this
Section, is to be made or is to occur on a day that is not a Business Day shall instead be made or
occur on the next succeeding day that is a Business Day.
Section 30. Approval of Documents and Authorization of Officers. The City Council
hereby ratifies and approves the distribution and use of the Preliminary Official Statement
relating to the Series 2005 Bonds prepared in connection with the offering of the Series 2005
Bonds; authorizes and directs the City staff to prepare a final Official Statement for use in
connection with the sale of the Series 2005 Bonds in substantially the form thereof presented to
or made available to the City Council, with such changes therein, if any, not inconsistent
herewith, as are approved by the Finance Director or the City Attorney of the City; and
authorizes and approves the Bond Purchase Agreement in substantially the form presented to or
made available to the City Council, with such changes therein, not inconsistent herewith, as are
approved by the Finance Director or the City Attorney of the City. The Mayor or Mayor Pro
Tem is hereby authorized and directed to execute the final Official Statement. For a period of
sixty days following the adoption of this Ordinance, the City Finance Director is hereby
authorized and directed to execute the Bond Purchase Agreement with the terms therein as are
authorized by this Ordinance and which, once executed, shall constitute conclusive evidence of
approval of the City. The Mayor or Mayor Pro Tem, the City Clerk and all other officers of the
City are hereby authorized and directed to execute the financial guaranty agreement with respect
the Series 2005 Surety Bond between the City and the Bond Insurer; an undertaking to facilitate
compliance with Securities and Exchange Commission Rule 15c2-l2 (17 C.F.R. ~240.l5c2-12);
an agreement with the Paying Agent concerning the duties and obligations of the Paying Agent
with respect to the Bonds; a "Tax Compliance Certificate" or similar certificate describing the
City's expectations regarding the use and investment of proceeds of the Series 2005 Bonds and
other moneys and the use of the projects on which the amounts specified in Section II(d) hereof
are expended; an Internal Revenue Service Form 8038-G with respect to the Series 2005 Bonds;
and all other documents and certificates necessary or desirable to effectuate the issuance of the
Series 2005 Bonds, the investment of proceeds of the Series 2005 Bonds and the Pledged
Revenues, the administration of the Series 2005 Bonds, and the other transactions contemplated
hereby.
Section 31. Findings and Determinations. The City Council hereby finds, determines
and declares that (a) it is in the best interest of the City and its residents that the Series 2005
Bonds be authorized, sold, issued and delivered at the time, in the manner and for the purposes
provided herein and (b) all actions required by the Charter and any other applicable law to be
taken by the City for the issuance of the Series 2005 Bonds and the application of any of the
provisions hereof have been taken by the City.
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Section 32. Ratification of Prior Actions. All actions heretofore taken not inconsistent
with the provisions of this Ordinance or the Charter by the City Council, the Finance Director, or
by the officers and employees of the City directed toward the issuance of the Series 2005 Bonds
for the purposes herein set forth are hereby ratified, approved and confirmed.
Section 33. Repeal of Inconsistent Resolntions; Contract with Owners of Series
2005 Bonds; Resolution Irrepealable. All ordinances and resolutions, or parts thereof, that are
in conflict with this Ordinance are hereby repealed. After the Series 2005 Bonds have been
issued, this Ordinance shall be and remain a contract between the City and the Owners of the
Series 2005 Bonds and shall be and remain irrepealable until all amounts due with respect to the
Series 2005 Bonds shall be fully paid, satisfied and discharged and all other obligations of the
City with respect to the Series 2005 Bonds shall have been satisfied in the manner provided
herein.
Section 34. Headings, Table of Contents and Cover Page. The headings to the
various sections and subsections to this Ordinance, and the cover page and table of contents that
appear at front of this Ordinance, have been inserted solely for the convenience ofthe reader, are
not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance.
Section 35. Severability. It is hereby expressly declared that all provisions hereof and
their application are intended to be and are severable. In order to implement such intent, if any
provision hereof or the application thereof is determined by a court or administrative body to be
invalid or unenforceable, in whole or in part, such determination shall not affect, impair or
invalidate any other provision hereof or the application of the provision in question to any other
situation; and if any provision hereof or the application thereof is determined by a court or
administrative body to be valid or enforceable only if its application is limited, its application
shall be limited as required to most fully implement its purpose.
Section 36. Recordation. A true copy of this Ordinance, as adopted by the City Council
of the City, shall be numbered and recorded, and its adoption and publication shall be
authenticated by the signatures of the Mayor and the City Clerk and by a certification of
publication.
Section 37. Declaration of Emergency and Effective Date. Due to fluctuations in
municipal bond prices and interest rates and due to currently favorable interest rates and due to
the need to preserve public property, health, peace and safety, it is hereby declared that, in the
opinion of the City Council, an emergency exists, and therefore this Ordinance shall be in full
force and effect upon its passage.
[remainder ofthis page intentionally left blank]
02-200005.1
33
INTRODUCED, READ AND PASSED ON FIRST READING AS AN EMERGENCY
MEASURE by the City Council of the City of Aspen at its [regular] meeting on March 14,2005,
as provided by the City's Charter and applicable law.
[SEAL]
By
Mayor
Attest:
By
City Clerk
READ, PASSED ON SECOND READING, FINALLY ADOPTED AND APPROVED
AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED WITHIN 10 DAYS OF
SUCH FINAL PASSAGE by the City Council of the City of Aspen at its [special] meeting on
March 16,2005, as provided by the City's Charter and applicable law.
[SEAL]
By
Mayor
Attest:
By
City Clerk
[signature page to Bond Ordinance]
02-200005.1
34
APPENDIX A
FORM OF SERIES 2005 BOND
No.R-
$
UNITED STATES OF AMERICA
CITY OF ASPEN, COLORADO
PARKS AND OPEN SPACE SALES TAX REVENUE BOND
SERIES 2005
Interest Rate:
Maturity Date:
Original Dated Date:
CUSIP:
%
November 1,_
August 1,2001
REGISTERED OWNER:
**CEDE & CO.**
Tax Identification Number: 13-2555119
PRINCIPAL SUM:
**
DOLLARS**
The City of Aspen, Colorado (the "City"), a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado (the "State") and the home rule charter of the City (the
"Charter") and political subdivision of the State, for value received, hereby promises to pay to
the order of the registered owner named above or registered assigns, solely from the special
funds as hereinafter set forth, on the maturity date stated above, the principal sum stated above,
in lawful money of the United States of America, with interest thereon from the original dated
date stated above, at the interest rate per annum stated above, payable on May I and November I
of each year, commencing 1,2005, the principal of and premium, if any, and the
final installment of interest on this bond being payable to the registered owner hereof upon
presentation and surrender of this bond at the principal office of American National Bank, as
Paying Agent (the "Paying Agent"), in Denver, Colorado, and the interest hereon (other than the
final installment of interest hereon) to be paid by check or draft of the Paying Agent mailed on
the interest payment date to the registered owner hereof as of the close of business on the
fifteenth day of the month (whether or not such day is a Business Day) preceding the month in
which the interest payment date occurs, except that so long as Cede & Co. is the registered
owner of this bond, the principal of, premium, if any, and interest on this bond shall be paid by
wire transfer to Cede & Co.
This bond is one of an issue of bonds of the City of Aspen, Colorado Sales Tax Revenue
Refunding Bonds, Series 2005, issued in the principal amount of$[12,340,000] (the "Series 2005
Bonds"). The Series 2005 Bonds are being issued by the City for the purpose of refunding the
City's Sales Tax Revenue Bonds, Series 1999 and the funding of a reserve fund surety bond for,
and the costs of issuance of, the Series 2005 Bonds, pursuant to and in full conformity with the
02-200005.1
State Constitution, the Charter and an ordinance (the "Ordinance") duly adopted by the City
prior to the issuance hereof.
[Redemption provisions to be set forth herein]
The Paying Agent shall maintain registration books in which the ownership, transfer and
exchange of Series 2005 Bonds shall be recorded. The person in whose name this bond shall be
registered on such registration books shall be deemed to be the absolute owner hereof for all
purposes, whether or not payment on this bond shall be overdue, and neither the City nor the
Paying Agent shall be affected by any notice or other information to the contrary. This bond
may be transferred or exchanged, at the principal office of the Paying Agent in Denver,
Colorado, for a like aggregate principal amount of Series 2005 Bonds of other authorized
denominations ($5,000 or any integral multiple thereof) of the same maturity and interest rate,
upon payment by the transferee of a transfer fee, any tax or governmental charge required to be
paid with respect to such transfer or exchange and any cost of printing bonds in connection
therewith.
The Series 2005 Bonds are special, limited obligations of the City payable solely from
and secured solely by the sources provided in the Ordinance and shall not constitute a debt of the
City within the meaning of any constitutional or statutory limitation. Pursuant to the Ordinance
the City has pledged for the payment of the principal of, premium, if any, and interest on the
Series 2005 Bonds, and granted a lien for such purpose on the Pledged Revenues, constituting,
for each fiscal year, all of the proceeds of the Parks and Open Space Sales Tax (as defined in the
Ordinance) after deduction of the reasonable and necessary costs and expenses of collecting and
enforcing the Parks and Open Space Sales Tax, if any, the Bond Fund, the Series 2005 Reserve
Fund and the Revenue Fund (all as defined in the Ordinance). The Series 2005 Bonds are issued
on a parity with the City's Parks and Open Space Sales Tax Revenue Bonds, Series 2001 (the
"Series 2001 Bonds"). The City is further authorized by the Ordinance to pledge and grant a
lien, on a parity with the lien for the payment of the principal of, premium, if any, and interest on
the Series 2005 Bonds and the Series 2001 Bonds, on the Pledged Revenues, the Bond Fund and
the Revenue for the payment of the principal of, premium, if any, and interest on additional
bonds or obligations (which mayor may not be multiple-fiscal year obligations), upon
satisfaction of certain conditions set forth in the Ordinance.
This bond, including the interest hereon, is payable solely from and secured solely by the
special funds provided in the Ordinance and shall not constitute a debt of the City within the
meaning of any constitutional or statutory debt limitation or provision.
THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE
REGISTERED OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY
EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO
THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT
STATEMENT IN THIS BOND.
The City agrees with the owner of this bond and with each and every person who may
become the owner hereof, that it will keep and perform all the covenants and agreements
contained in the Ordinance.
02-200005.1
A-2
The Ordinance may be amended or supplemented from time-to-time with or without the
consent of the registered owners of the Series 2005 Bonds as provided in the Ordinance.
The Ordinance grants certain rights to Ambac Assurance Corporation ("Ambac"),
including, but not limited to, the right to be deemed to be the Owner of the Series 2005 Bonds
for all purposes other than, except as otherwise provided in the Ordinance, the receipt of
payments of principal of, premium, if any, and interest on the Series 2005 Bonds, and the right to
exercise all rights of the registered owner of the Series 2005 Bonds, other than, except as
otherwise provided in the Ordinance, the right to receive payments of principal, premium, if any,
and interest on the Series 2005 Bonds. These rights of Ambac include, but are not limited to,
(a) the right to control remedies following an Event of Default pursuant to the Ordinance; (b) the
right to remove or consent to the removal of the Paying Agent or object to the appointment of a
successor Paying Agent pursuant to the Ordinance; (c) the right to consent to an amendment to
the Ordinance pursuant thereto; (d) any right to vote as registered owner of the Series 2005
Bonds in any reorganization, liquidation or similar proceeding relating to the City or with respect
to any plan of reorganization or liquidation relating to the City; and (e) any other right to
consent, exercise rights or control proceedings by or on behalf of the registered owners of the
Series 2005 Bonds.
It is hereby certified that all conditions, acts and things required by the State Constitution,
the Charter, and the ordinances and resolutions of the City, to exist, to happen and to be
performed, precedent to and in the issuance of this bond, exist, have happened and have been
performed, and that the Series 2005 Bonds do not exceed any limitations prescribed by the State
Constitution, the Charter or the ordinances of the City.
This bond shall not be entitled to any benefit under the Ordinance, or become valid or
obligatory for any purpose, until the Paying Agent shall have signed the certificate of
authentication hereon.
[remainder of this page intentionally left blank]
02-200005.1
A-3
IN WITNESS WHEREOF, the City has caused this bond to be executed with the manual
or facsimile signature of its Mayor and attested by the manual or facsimile signature of the City
Clerk, and has caused the seal of the City to be impressed or imprinted hereon, all as of the date
set forth above.
[SEAL]
CITY OF ASPEN, COLORADO
By
Mayor
Attest:
By
City Clerk
02-200005.1
A-4
CERTIFICATE OF AUTHENTICATION
This is one ofthe Series 2005 Bonds described in the within-mentioned Ordinance.
AMERICAN NATIONAL BANK, as Paying
Agent
By
City Finance Director
Date of Authentication:
02-200005.1
A-5
STATEMENT OF INSURANCE
Financial Guaranty Insurance Policy No. (the "Policy") with respect to
payments due for principal of and interest on this bond has been issued by Ambac Assurance
Corporation ("Ambac"). The Policy has been delivered to The Bank of New York, New York,
New York, as the Insurance Trustee under said Policy and will be held by such Insurance Trustee
or any successor insurance trustee. The Policy is on file and available for inspection at the
principal office of the Insurance Trustee and a copy thereof may be secured from Ambac or the
Insurance Trustee. All payments required to be made under the Policy shall be made in
accordance with the provisions thereof. The owner of this bond acknowledges and consents to
the subrogation rights of Ambac as more fully set forth in the Policy.
02-200005.1
A-6
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Please print or typewrite name and address of Transferee)
(Tax Identification or Social Secnrity No.)
the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within bond on the books kept for
registration thereof, with full power of substitution in the premises.
Dated:
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the
face of the within bond in every particular, without
alteration or enlargement or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a
national bank or trust company or by
a brokerage firm having a
membership in one of the major
stock exchanges.
TRANSFER FEE MAY BE REQUIRED
02-200005.1
A-7
PREPAYMENT PANEL
The following installments of principal (or portion thereof) of this Bond have been
prepaid in accordance with the terms of the Indenture.
Date of Principal
Prepayment
Signature of Authorized
Representative of the Depositorv
02-200005.1
A-8
~
SAVINGS
City of Aspen
Sales Tax Revenue Refunding Bonds, Series 2005
Present Value
Prior Refunding Annual to 04/01/2005
Date Debt Service Debt Service Savings Savings @ 3.8251030%
05/01/2005 312,525.00 312,525.00 311,539.76
11101/2005 867,525.00 864,275.00 3,250.00 315,775.00 3,178.96
05/0112006 299,066.25 240,762.50 58.303.75 55,958.99
11/01/2006 884,066.25 940,762.50 -56.696.25 1.607.50 -53,394.93
05/01/2007 285,026.25 232,012.50 53,013.75 48,989.90
11/0112007 895,026.25 947,012.50 -51,986.25 1,027.50 -47,138.83
05/01/2008 269,928.75 221,287.50 48,641.25 43,278.02
11101/2008 909,928.75 956,287.50 -46,358.75 2,282.50 -40,473.12
05/0112009 253,768.75 210,262.50 43,506.25 37,269.96
11101/2009 928,768.75 970,262.50 -41,493.75 2,012.50 -34,878.86
05/0112010 236,893.75 198,862.50 38,031.25 31,368.41
11101/2010 941,893.75 978,862.50 -36,968.75 1,062.50 -29,919.83
05/01/20 II 219,268.75 185,212.50 34,056.25 27,045.40
11/01/2011 964,268.75 995,212.50 -30,943.75 3,112.50 -24,112.48
05/01/2012 200,643.75 171,037.50 29.606.25 22,637.30
11101/2012 980.643.75 1,006,037.50 -25,393.75 4,212.50 -19,051.99
05/01/2013 180,168.75 156,425.00 23,743.75 17,479.75
11/0112013 1,000,168.75 1,021,425.00 -21,256.25 2,487.50 -15,354.83
05/01/2014 158,643.75 139,125.00 19,518.75 13,835.11
11101/2014 1,023,643.75 1,039,125.00 -15,481.25 4,037.50 -10,767.35
05/01/2015 135,937.50 116,625.00 19,312.50 13,179.95
11/01/2015 1,045,937.50 1,061,625.00 -15,687.50 3,625.00 -10,505.13
05/01/2016 112,050.00 93,000.00 19,050.00 12,517.42
11/01/2016 1,067,050.00 1,083,000.00 -15,950.00 3,100.00 -10,283.78
05/01/2017 86,265.00 68,250.00 18,015.00 11,397.22
11/01/2017 1,096,265.00 1,113,250.00 -16,985.00 1,030.00 -10,543.93
05/01/2018 58,995.00 42,125.00 16,870.00 10,276.00
11/01/2018 1,123,995.00 1,137,125.00 -13,130.00 3,740.00 -7,847.77
05/01/2019 30,240.00 14,750.00 15,490.00 9,084.59
11/01/2019 1,150,240.00 604,750.00 545,490.00 560,980.00 313,915.64
17,718,842.50 16,808,750.00 910,092.50 910,092.50 668,679.55
Savines Summary
PV of savings from cash flow 668,679.55
Less: Prior funds on hand -312,525.00
Plus: Refunding funds on hand 3,218.93
Net PV Savings 359,373.48
Mar 8, 2005 11:12 am Prepared by Slifel Nicolaus, Hanifen ImholfDivision (Finance 5.012 SWESTCO:ASPEN-2005STXR,2005STXR) Page 4
MEMORANDUM
Villa
To: Mayor Klanderud and City Council
THRU: Chris Bendon, Community Development Director
Joyce A. Allgaier, Deputy Directo~
FROM: Chris Lee, Planner
RE: Exemption from Expiration of Vested Rights for Parcels 4, 7 and 8 of the Top of
Mill Subdivision/PUD
DATE: March 14,2005
ApPLICANTS: Parcel 4 Top of Mill, LLC; JP Interests, LLC; LPRP River, LLC; and LPRP
Mill, LLC
REPRESENTED By: Joseph Edwards of Klein, Cote & Edwards, P .C.
PARCEL ID NUMBERS: 2737-182-02-204,2737-182-02-207,2737-182-02-208
LEGAL DESCRIPTION: Lots 4, 7 and 8, Top of Mill Subdivision/PUD
CURRENT LAND USE: Vacant Parcels
PROPOSED LAND USE: Residential Single Family Dwelling with ADUs on each parcel
REVIEW PROCEDURE: Exemptionfrom Expiration of Vested Rights and Extension of
Vested Rights. At a duly noticed public hearing City Council may, by resolution,
approve, approve with conditions, or deny, an exemption from the expiration of vested
rights. Council may also grant extensions of vested rights.
STAFF RECOMMENDATION: Staff recommends approval with conditions.
SUMMARY:
The applicants are the owners of parcels 4, 7 and 8 of the Top of Mill Subdivision/PUD and are
requesting an exemption from the expiration of vested rights for said parcels. Joseph Edward's
letter of application outlines the reasons for this request. City Council granted Subdivision and
PUD approval of the Top of Mill development through Ordinance 7, Series of 2002, on March
11,2002. The subdivision is composed of residential development parcels (allowing five single-
family and three multi-family lots and a separate parking garage) that are zoned LodgelTourist
Residential (L/TR). Two other parcels dedicated to open space are zoned Conservation (C).
The subject land for this application, Parcels 4, 7 and 8, were approved for single family
dwellings with ADUs, but remain vacant and undeveloped at this time. The applicants are
making this proposal in light of the imminent termination of the initial three year vesting period
for the PUD, as well as the fact that a pending ordinance of the city proposes that the L/TR zone
be amended to remove single family dwellings from the list of permitted uses. The potential
change may come about if Ordinance 9, Series of 2005, receives Council approval. The code
amendment would not allow single-family dwellings as a permitted use, which has obvious
consequences to the owners and to the PUD development as an approved master plan.
STAFF COMMENTS:
Staff would like to see this situation remedied in order to allow the future use of the subject
parcels to continue as single family residences as approved in the PUD. Staff has considered this
application and has proposed an approach that is different from the applicant's request, but one
that we feel achieves the same end. Staff understands that the applicant represents owners of land
who are in the process of a land sale transaction and therefore timing of this situation is
important. There are two components to this situation, one has to do with the exemption from
the expiration of vested ri!~hts and the other has to do with the more common extension of
vested ril!:hts.
Exemption from Expiration of Vested Ril!:hts:
The applicant has asked that the subject parcels be exempt from ever having the vested rights for
their development approval expire. Staff does not feel that it is appropriate to grant the
exemption from expiration of vested rights for parcels 4, 7 and 8 in a blanket fashion to all of the
rights granted in the PUD. Doing so would allow the vested rights for the PUD to go in
perpetuity and give these owners different rights that those allowed other developments.
Currently, once a vesting period is over for a development, the is subject to new regulations as
they evolve to reflect new and changing policies. Given the proposed change to the LTR zone, .
Staff believes that exemption from expiration of vested rights should be granted for the land use
of the parcels only. This would allow for the approved land use of single family dwellings with
ADUs to continue. There are no changed circumstances in the neighborhood that would warrant
a change to the approved PUD plan, the current owners of properties within the PUD have a
reliance on the approved PUD uses, and the intended uses are still acceptable in the setting.
Single family residences have already been built on some of the parcels in the development.
These lots too, are subject to becoming noncomplying when and if the L TR amendment goes
through. Staff recommends that a new zoning amendment be initiated for all the single family
residential parcels (4, 5, 6, 7, & 8) within the Top of Mill PUD, changing the LTR to a zone
district that allows single family residential dwellings and ADUs as a permitted use. Couple with
this recommended zone district change, Staff recommends that the exemption from expiration of
vested rights for the land use not be granted in perpetuity, but only until such time as a zone
change is approved to allow for single family residential development as a permitted use.
Extension of Vested Ril!:hts:
Considering that the development still has several vacant lots, Staff can support an extension of
vested rights for 3 years. This would allow the development to be guided by the zoning in place
2
at the time of development approvals and not subject to new regulations for another 3 years. As
noted earlier, there are no changed circumstances in the neighborhood that would make the City
want to see a new development scenario for these properties; the current owners of properties
within the PUD and neighbors have a reliance on the approved PUD plan; and, the intended uses
and layout are still acceptable in the setting. The floor areas were all set by the PUD and these
are not subject to change.
To summarize, Staff recommends the following actions:
. Grant an exemption from the expiration of the vested rights only to allow for the single
family residential and ADU land use rights to continue, until such time as a zone change
is approved to allow for single family residential development and ADUs as a permitted
use;
. Grant an extension of the vested rights for the PUD approval for a three year period; and
. Direct Staff to initiate a zone change amendment to allow for the single family residential
use and ADUs as a permitted use for Parcel Nos. 4, 5, 6, 7, & 8 of the Top of Mill
Subdivision/PUD.
STAFF RECOMMENDATION:
Staff recommends approval of an exemption from expiration of vested rights and an
extension of vested rights for Parcels 4, 7, and 8 of the Top of Mill Subdivision/PUD with
the following conditions:
I. The exemption from expiration of vested rights will apply only to vested rights regarding
land use granted through Ordinance 7, Series of2002. The land use will remain in effect
as single-family residential until such time as a zone change is approved to allow single
family residences and ADUs as a permitted use. All development dimensional standards
and requirements as put forth in the aforementioned ordinance shall continue to apply.
2. All vested rights for the Parcels 4, 7 and 8 as outlined in Ordinance 7, Series of 2002,
will be granted an extension of vested property rights for three (3) years, establishing an
expiration date of March II, 2008.
3. The establishment herein of a vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject to land
use regulation by the City of Aspen including, but not limited to, building, tire,
plumbing, electrical and mechanical codes. The developer shall abide by any. and all
such building, fire, plumbing, electrical and mechanical codes that are in effect at the
time of building permit, unless an exemption therefrom is granted in writing.
RECOMMENDED MOTION:
"I move to approve Resolution No. IS., Series of 2005, approving, with conditions, an
exemption from the expiration of vested rights for the approved land use on Parcels 4, 7 and 8 of
the Top of Mill Subdivision/PUD pursuant to Ordinance 7, series of 2002, and granting an
extension of the development rights approved in that same ordinance for a three (3) year period.
The new expiration date will be March 11,2008." AND,
3
"I move to direct Staff to initiate a zone change amendment that will allow for single family
residential and ADU uses as a permitted use for Parcel Nos. 4, 5, 6, 7, & 8 of the Top of Mill
Subdivision/PUD."
CITY MANA~:::::: . Q
~~i~ l'
~y ~. !Z:
"Vi? f9. ro j) ..A...J': Lh. ..
o
~ '")..fUk.
A TT ACHMENTS:
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Application Letter
Exhibit C n Top of Mill Subdivision/PUD Land Use Plats
Exhibit D -- Ordinance 7, Series of 2002
4
RESOLUTION NO. i 6
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXEMPTION
FROM THE EXPIRATION OF VESTED LAND USE RIGHTS, AND A THREE (3) YEAR
EXTENSION OF THE VESTED DEVELOPMENT RIGHTS GRANTED BY ORDINANCE
NO.7, SERIES OF 2002, FOR PARCELS 4, 7 AND 8 OF THE TOP OF MILL
SUBDIVISIONIPLANNED UNIT DEVELOPMENT, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel Nos. 2737-182-02-204, 2737-182-02-207, 2737-182-02-208
WHEREAS, the Community Development Department received an application from the
representative of the three owners of said parcels, Klein, Cote & Edwards, P.C, requesting
approval of an exemption of the expiration of vested rights granted for the Top of Mill
Subdivision/PUD pursuant to Ordinance No.7, Series of2002; and,
WHEREAS, City Council adopted Ordinance No.7, Series of 2002, which approved a
Subdivision and PUD and granted Vested Property Rights status for Top of Mill
SubdivisionlPUD Development until March II, 2005; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use
Code, City Council may grant an exemption from expiration of vested rights or andlor an
extension of vested rights after a public hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of exemption from expiration of the land use rights and a three (3) year
extension of development rights for the Top of Mill Subdivision/PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested exemption
from expiration of vested rights for the Top of Mill Subdivision/PUD under the applicable
provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered public
comment at a public hearing; and,
WHEREAS, the City Council finds that the exemption from the expiration of vested rights
and the extension of vested rights meets or exceeds all applicable land use standards and that the
approval of such, with conditions, is consistent with the goals and elements of the Aspen Area
Community Pl<m; 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:
The Aspen City Council does hereby approve an exemption from expiration of vested rights and
an extension of vested rights in accordance with Ordinance No.7, Series of 2002 for Parcels 4,7
and 8, Top of Mill Subdivision/PUD, City and Townsite of Aspen, with the following conditions:
I. The exemption from expiration of vested rights will apply only to vested rights
regarding the land use granted through Ordinance 7, Series of 2002. The land use will
remain in effect as single-family residential until such time as a zone change is approved
to allow single family residences and ADUs as a permitted use. All development
dimensional standards and requirements as put forth in the aforementioned ordinance
shall continue to apply.
2. All vested rights for the Parcels 4, 7 and 8 as outlined in Ordinance 7, Series of 2002,
will be granted an extension of vested property rights for three (3) years, establishing an
expiration date of March II, 2008.
3. The establishment herein of a vested property right shall not preclude the application of
regulations which are general in nature and are applicable to all property subject to land
use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. The developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical codes that are in effect at the
time of building permit, unless an exemption therefrom is granted in writing.
Section 2:
All material representations and commitments made by the applicant'pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
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 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
A duly noticed public hearing on this Resolution was held on the 14th day of March, 2005, at 5:00
PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a
March, 2005.
to
L-~ vote on this 14tl1 day of
Approved as to form:
John P. Worcester, City Attorney
Attest:
Kathryn S. Koch, City Clerk
H:lchrisllApplicationslCity CouncillTop of Mill Exemplion
Approved as to content:
Helen Kalin Klanderud, Mayor
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
SECTION 26.308.010 VESTED PROPERTY RIGHTS
Exemotion from Exoiration of Vested Rif!hts In reviewing a request for the extension or
reinstatement of a development order and associated vested rights, the City Council shall
consider, but not be limited to, the following criteria:
1. Only subdivisions composed of detached residential or duplex units shall be eligible
for the exemption from the expiration provisions of section 26.304.070(D);
STAFF FINDING:
The parcels (4, 7 and 8) for which this application was submitted are all part of a subdivision
of detached residential units legally known as, Top of Mill SubdivisionlPUD. Staff finds this
criterion to be met.
2. To obtain an exemption, an application for exemption shall be submitted at any
time prior to the third anniversary of the effective date of the development order;
STAFF FINDING:
This application was submitted prior to the third anniversary of the development order. The
final approval for Ordinance 7, series 2002 was granted on March II, 2002. Staff finds this
criterion to be met.
3. Those conditions applied to a project at the time of final approval that were to have
been met as of the date of application for exemption have been complied with;
STAFF FINDING:
The conditions of approval that were established in approving the original development
proposal are to take effect prior to or in conjunction with the building permit submittal with
the exception of the preparation and recordation of the PUD Plat and Agreement. The PUD
Plat and Agreement have already been filed with the Clerk and Recorder's Office.
Therefore, Staff does not believe that there are any outstanding conditions of approval that
have to be met prior to applying for an extension of vested rights. Staff finds this criterion to
be met.
4. Any public or private improvements that were required to be installed by the
applicant prior to construction of any dwelling unit have been installed.
STAFF FINDING:
Infrastructure improvements have been completed. For the parcels that have already been
developed, all required improvements have been done. The applicants will still be subject to
the land use requirements as established in Ordinance 7, Series 2002 for development on the
remaining parcels. Staff finds this criterion to be met.
E)(h~ht J)
KLEIN, COTE & EDWARDS, P.C.
ArrORNEYSATLAW
HERBERT S. KLEIN
LANCE R. cort, pc.
JOSEPH E. EDWARDS, III, LLC
MADHU B. KRISHNAMURTl
hsk@kcelaw.nel
lrc@kcelaw.net
jee@k.celaw.nel
mbk@kcelaw.net
201 NORTH MILL STREET, STE. 203
ASPEN, COWRADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE: (970) 925-3977
. also admitted in California
February 17, 2005
Joyce Allgaier
City of Aspen Community Development Department
130 South Galena St.
Aspen, CO 81611
Re: Parcels 4, 7 & 8, Top of Mill Subdivision;
Exemption from Expiration of Vested Rights
Dear Joyce:
Thank you for holding a pre-application conference with me on February 11,2005, to
discuss the vested rights for the above-referenced Parcels. Our office represents and is
authorized to file this application on behalf of the owners of Parcels 4,7 and 8, Top of Mill
Subdivision (the "Parcels"), according to the plat thereof recorded in Plat Book 62 at Page 4as
Reception No. 471099 of the Pitkin County Records (the "Plat"). The owner of Parcel 4 is
Parcel 4 Top of Mill, LLC, a Colorado limited liability company. The owner of Parcel 7 is JP
Interests, LLC, a Delaware limited liability company. The owners of Parcel 8 are LPRP River,
LLC, and LPRP Mill, LLC, both Colorado limited liability companies. The address for all
applicants is this office. For your reference, a copy of the Plat is attached - I have not included
several pages of floor plans, elevations and various utility and landscaping plans which were
recorded as a part of the Plat and are not relevant for purposes of this application.
Please consider this letter an application pursuant to Section 26.308.01 OB I, City of
Aspen Municipal Code, for an exemption from expiration of vested rights for the Parcels. All of
the Parcels are currently vacant land approved for development of detached single family
residences and associated ADUs. This application is filed prior to the third anniversary of the
effective date of the development approval which granted vested rights.
For your reference, attached is a copy of Ordinance 7, Series of2002 which granted final
approval for the PUDISubdivision and was recorded in the Pitkin County Records as Reception
No. 466392 ("Ordinance 7"). The final approval of Ordinance 7 was March II, 2002. Also
attached for your reference is a copy of the Subdivision/PUD Agreement for Top of Mill
Subdivision/PUD dated August 16,2002, recorded as Reception No. 471100, and executed by
the Developer of the Top of Mill Subdivision and the City of Aspen ("PUD Agreement").
Section 2.1 (d) of the PUD Agreement granted vested rights for a period of three years from the
date of approval of Ordinance 7. Pursuant to Section 2.2 of the PUD Agreement, each Parcel
Joyce Allgaier
City of Aspen Community Development Dept.
February 17,2005
Page 2
was approved for a detached, free market, single family residence with a specified maximum
allowable floor area.
The Developer of Top of Mill has complied in all respects with all of the requirements of
the PUD Agreement. Any public or private improvements that are required for development of
the Parcels have been installed, since other parcels within the Subdivision have obtained building
permits.
For several reasons we believe it is appropriate to grant the Parcels an exemption from
the expiration of vested rights: (I) the Parcels already received approval from the City for
development of detached single family residences; (2) Parcell (six townhomes), Parcel 2 (four
affordable housing units), Parcel 3 (a duplex) and Parcel 6 (a single family residence) have all
obtained building permits and achieved varying levels of completion; (3) the timing for the
development of the Parcels is uncertain and there is no policy reason for requiring that the free
market component ofthe subdivision be built immediately; (4) the Master Declaration of
Covenants for the subdivision limits the use of the Parcel to single family residential structures
(and an ADU in accordance with the PUD Agreement); and (5) there is no other reasonable use
of the Parcels given the existing development ofthe subdivision.
We respectfully request that the City Council grant exemption from vested rights in
accordance with Section 26.308.0l0Bl of the Code.
I have obtained mailing labels from the City GIS department for all owners within 300
feet of the Parcels. As soon as you provide a copy of the public notice, we will make sure it is
mailed. Also, enclosed is a check in the amount of$546.00 as the filing fee. Please let me know
if you need any additional information.
Sincerely,
KLEIN, COTE & EDWARDS, P.C.
B
Enclosures
\IAlIgaier.doc
~~
KLEIN, COTE & EDWARDS, P.C.
A TIQRNEYS AT LAW
HERBERT S. KLEIN
LANCE R. COTE. pc.
JOSEPH E. EDWARDS, Ill, LLC
MADHU B. KRlSHN,\MURTI
llsk@kcelaw.rtet
lrc@kcelaw.net
jee@l:celaw.net
mbk@I<<;ulnw.n~t
201 NORlHMILL STREET. STE. 203
ASPEN,COLORADO 81611
TELEPHONE: (970) 925-8700
FACSIMILE. (970) 923-3977
. alsoadmittedjllCa~fumil
February 17,2005
Chris Lee
City of Aspen Community Development Department
130 South Galena St.
Aspen, CO 81611
Re: Parcels 4, 7 & 8, Top of Mill SubdivisioD;
ExemptioD from Expiration of Vested Rights
Dear Chris:
The rea.on that the owners of Parcels 4, 7 & 8, Top of Mill Subdivision are seeking
exemption from expiration of vested rights is that we have been informed that the City is
considering changes 10 the L/TR zone district, which is the underlying zone district for Ihis PUD.
Also, Ihe slalulory vested righls are currenlly scheduled to expire in March of this year.
Please let me know if you have any additional queslions.
Sincerely,
KLEIN, COTE & BDW ARDS, P.C.
(Qj;;l"., (/
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SILVIA D~VIS PITKIN COUNTY CO R 35,e0 D 0.00
&,",'\\0-;\ j)
ORDINANCE No.7
SERIES OF 2002
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE FINAL
PLANNED UNIT DEVELOPMENT APPLICATION INCLUDING
SUBDIVISION, CONDOMINIUMIZATION, MOUNTAIN VIEW PLANE,
SPECIAL REVIEW, GROWTH MANAGEMENT QUOTA EXEMPTIONS
(GMQS), 8040 GREENLINE REVIEW, AND REZONING FOR THE TOP OF
MILL SITE TO LODGE I TOURIST RESIDENTIAL PUD AND
CONSERVATION, LOT 3 OF THE ASPEN MOUNTAIN SUBDMSION I PUD,
CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 2737-182-85-003
WHEREAS, the Community Development Department received an application
from Top of Mill Investors, LLC c/o Four Peaks Development, LLC (Applicant),
represented by Vann Associates, requesting Final Planned Unit Development (PUD)
approval for Lot 3 of the Aspen Mountain Subdivision / POO (hereinafter "AMPUD");
and
WHEREAS, Top of Mill Investors, LLC c/o Four Peaks Development, LLC
requested specific land use approvals as part of the Final POO including Final PUD
Development Plan, Subdivision, Condominiumization, Mountain View Plane, Special
Review, GMQS Exemption, 8040 GreenIine Review, and Rezoning; and
WHEREAS, Savanah Limited Partnership, .owner at the time of Lot 3 of
AMPUD, received Conceptual PUD approval from City Council for AMPUD on
December 6, 1999 which is memorialized through Resolution No. 93, Series of 1999; and
WHEREAS, Top of Mill Investors, LLC, received an Amended Conceptual
Approval from City Council for Lot 3 AMPUD on May 29,2001 which is memorialized
through Resolution No. 50, Series 2001; and
WHEREAS, the Housing Office, the City Zoning Officer, the City Engineer, the
Parks Department, Aspen Consolidated Sanitation District, the Environmental Health
Department, the City Fire Department, the City Streets Department, the City Parking
Department, the City Water Department, and the City Electric Department reviewed the
development proposal for Lot 3 and provided written referral comments as a result of the
Development Review Committee meeting; and
WHEREAS, the Applicant appropriately applied for specific land use approvals
pursuant to the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen
Municipal Code for the Final PUD for Lot 3 AMPUD including Final PUD Development
Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, Growth
Management Quota Exemptions, 8040 Greenline Review, and Rezoning; and
11111111111111I [1/11111111/1111111111111 ~~~~~~:~ i 1 : 461
SILVIA DAVIS PITKIN COUNTV CO R 3S.00 D 0.00
WHEREAS, pursuant to Section 26.304.060 of the Land Use Code, and in
consultation with the applicant, the Community Development Director has permitted a
modification in review procedures to combine the Final PUD Development Plan,
Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning review for the purposes of ensuring
economy of time and clarity; and
WHEREAS, such review procedure modification has not lessened any public
hearing noticing or any scrutiny of the proj ect as would otherwise be required; and,
WHEREAS, uPon review of the application, referral comments, and the
applicable Land Use Code standards, the Community Development Director
recommended approval of the Final Aspen Mountain PUD land use requests for Lot 3
with conditions; and
WHEREAS, the Planning and Zoning Commission forwarded a recommendation
of approval to the City Council, by a vote of four to one (4 - I), Final PUD Development
Plan, Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 Greenline Review, and Rezoning for Lot 3 AMPUD; and
WHEREAS, this ordinance, as adopted, incorporates all the relevant and applicable
conditions of approval formerly contained in Resolution No. 93, Series of 1999 granting
ConceptuaI PUD Approval to Lot 3 AMPUD by City Council and Resolution No. 50, Series
of 200 I granting Amended Conceptual PUD Approval to Lot 3 AMPUD by City Council
hereby allowing this ordinance to supersede those resolutions regarding the conditions of
approval as stated herein; and
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the applicable Municipal Codes as identified
herein, has reviewed and considered the recommendation of the Community Development
Director, the Planning and Zoning Commission, the Aspen I Pitkin County Housing
Authority, the applicable referral agencies, and has taken and considered public comment at
a public hearing; and.
WHEREAS, the City of Aspen City Council finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and
WHEREAS, the City of Aspen City Council hereby approves, by a vote of five to
zero (5 - 0), a Final PUD Development Plan, Subdivision, Condominiumization,
Mountain View Plane, Special Review, GMQS Exemption, 8040 Greenline Review, and
Rezoning for Lot 3 AMPUD; and
WHEREAS, the City of Aspen 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 ASPEN CITY COUNCIL AS
FOLLOWS:
IIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIII ~;~~~::~ r I : 46~
SlLVI~ O~vlS P!T1<IN COUNTY CO R 35.G0 D 0.00
Section 1
Pursuant to this Ordinance and consistent with condition no. 3, of Resolution No. 93,
Series of 1999, the City Council approves the allowable FAR for each Lot 3 parcel and
allocated as shown in the matrix below.
Parcel 1
Parcel 2
Parcel 3
Parcel 4
ParcelS
Parcel 6
Parcel 7
Parcel 8
Parcel 9
27,000 square feet ofF AR
8,000 square feet ofF AR
9,000 square feet of FAR
6,200 square feet ofF AR
5,200 square feet ofF AR
5,200 square feet of FAR
6,500 square feet 0 FAR
6,500 square feet ofF AR
No FAR shall be allocated to this parcel.
Section 2
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the requests for the Final PUDincluding Final PUD Development Plan,
Subdivision, Condominiumization, Mountain View Plane, Special Review, GMQS
Exemption, 8040 GreenIine Review, and Rezoning for Lot 3 of AMPUD is hereby
approved with the following conditions:
1. The development shall comply with the most recent municipal engineering practice
standards and the "Best Management Practices" (BMPs) identified for water quality
control requirements.
2. Regarding the concerns associated with the type of units of the four (4) deed-restricted
multi-family housing units on Parcel 2. should it not be possible to change the unit type,
Staff recommends the Applicant meet with Housing Authority Staff 10 maintain the
average of the Category 2, but to price one of the three bedroom units between Category
I and 2, and to price the 4-bedroom unit between Category 2 and 3, and market as a
Category 3.
3. Three of the units on Parcel 2 shall be distributed and sold under the general lottery
through the Housing Office. The Applicant shall be able to choose a buyer for one of the
units. However, the buyer must be a fully qualified employee under the category for the
unit chosen by the applicant; Le., the potential buyer must meet income and asset
requirements. meet minimum occupancy, not own any other property in the Roaring Fork
Orainage System, and have worked in Pitkin County 1500 hours per year for the last four
years.
4. The Applicant shall submit Infrastructure and Removal of FilI Material Permits for Lot 3
AMPUD within 30 (30) days after recordation of all Final PUO documents. The
Applicant may submit building permit applications at the Applicant's discretion, but no
sooner than the issuance of a building permit for the Bavarian Inn affordable housing
project. The Applicant shall be eligible for a Certificate of Occupancy for the free market
/111111" 111111111111111111111111111111111111111 1111 ~~~~~::~ i I : 46~
5ILVI~ O~wtS PITKIN COUNTY CO It 35,00 D 0.00
multi-family units on Parcel 1 only after a Certificate of Occupancy has been issued for
the affordable housing units on Parcel 2. The Applicant shall be eligible for a Certificate
of Occupancy for the Free Market Duplex on Parcel 3 and the single-family units to be
constructed on Parcels 4, 5, 6, 7, and 8 no sooner than the receipt of a Certificate of
Occupancy for an on-site accessory dwelling unit or upon the full payment of the
applicable affordable housing impact fee.
5. The accessory dwelling units (for Parcels 4 - 8) shall abide by the regulations in the Land
Use Code in effect at the time of building permit application and further defined in the
Aspen/Pitkin County Housing Guidelines. Should an accessory dwelling unit not be
provided on Parcels 4 through 8, a paymenl-in-lieu fee shall be provided in the amount
required in the Guidelines at the time of building permit approval.
6. At the time of Certificate of Occupancy, a site visit shall be conducted on the deed-
restricted units.
7. Since the "for-sale" affordable housing units are to be developed on a separate parcel,
Parcel 2, a separate homeowner's assocmtion shall be established for the affordable
housing portion of the development.
8. The Applicant shall include appropriate language in the Final PUD Agreement for Lot 3
and it's associated condominium (or planned community) documentation regarding the
separate homeowner's association for Lot 3 (to be reviewed and approved by Staff) that
ensures that the four (4) "for-sale" affordable housing units to be developed on Parcel 2,
shall comply with the representations made in the application, adhere to the conditions of
this Final PUD Approval, and comply with the required deed restrictions as administered
by the Aspen I Pitkin County Housing Authority so that the owners of said units shall not
be unduly burdened by a disproportionate share of responsibilities associated with the
master homeowner's association or other homeowner associations established for the
free market residences on parcels I and 3 - 8.
9. Erosion control plans, including potential natural resource protection structures, and a
detailed plan for irrigation systems and other plantings within the City of Aspen right-of-
way shall be submitted by the Applicant to the Parks Department for approval prior to the
application of building permits. Separate erosion control plans shall be submitted by the
owners of each parcel prior to the issuance of a building permit for their respective
parcels.
10. The Applicant shall construct the "Aspen Mountain Trail" which traverses the adjacent
Open Space Parcel "B" according to City of Aspen standards during the completion of
this project. This trail improvement shall meet engineering specifications as defined by
the City of Aspen Parks Department including a crusher fines trail surface, a width of
four feet, a trail sign located at the entrance of each trail identirying trail name and public
access, and the sign shall be designed and built to match the character of the
neighborhood. The Applicant shall submit a detailed plan for trail design and drainage.
Parks Department requests the applicant field stake the trail. The Applicant shall be
required to have the trail improvement completed and inspected to the satisfaction of the
Parks Department prior to the receipt of a Certificate of Occupancy for the free market
triplexes on Parcell.
IIIIHIII Ilmllllllllll ~~~~~~ it: 45~
SICVI~ OllVIS PITKIN COUNTY CO R 35.00 D 0.00
I I. The Applicant shall formally establish the Top of Mill Trail across Lot 3 AMPUD. This
trail shall have a legal description, be shown on the Final Plat, and be dedicated/conveyed
to the City of Aspen. Further, the Applicant shall memorialize in the Final PUD I
Subdivision Agreement for Lot 3 and associated condominium (or planned community)
documents, the obligation by the master homeowner's association or Applicant to
improve the Top of Mill Trail, at such time the connection is realized, pursuant to the
Parks Department's design criteria. If the trail has not been improved to the satisfaction
of the Parks Department within 5 years of the recordation of the Final Plat for AMPUD
Lot 3, the master homeowner's association for Lot 3 shall make a cash payment to the
City of Aspen equal to a sum defined by the Parks Department for the improvement of
the trail.
12. Fire sprinklers and alarm systems shall be installed in all the proposed buildings on Lot 3
as required by the City of Aspen Fire Marshal. Appropriate "booster pwnps" (if required)
rather than pressure tanks for the sprinkler system shall be used to gain the necessary
water pressure as required by the City Fire Department The owner of each parcel shall be
responsible for ensuring that any buildings constructed thereon shall comply with this
condition of approval. In addition, the Applicant shall submit a fire safety plan for the
demolition to be preformed by the Applicant of the existing structures and the
construction of the proposed development of Lot 3 to the Engineering Department at the
time of building permit application.
13. The Applicant shall execute a "Line Extension Request" and a "Collection System
Agreement" with Aspen Consolidated Sanitation District (ACSD) prior to building
permit application. In addition, forty percent (40%) of the estimated total connection fees
must be paid to ACSD by the applicant for service lines that are to be stubbed off the
main line into the specific parcels oftbis development.
14. The Applicant shall be required to show to the ACSD all service locations at the station
numbers on the final utility plans for this development prior to building permit
application. Additionally, the Applicant shall indicate to the ACSD if main line
#,asements in the ROW are to be dedicated by plat or by description.
e Applicant shall record the' approved condominium (or planned community)
subdivision plat for Parcels I, 2, and 3 of AMPUD Lot 3 in the office of the Pitkin
County Clerk and Recorder within one hundred eighty (180) days of its approval by the
Community Development Director. Failure 00 the part of the Applicant to record the plat
within one hundred eighty (I80) days following approval by the Community
Development Director shall render the plat invalid and a new application and approval
will be required.
6.e Applicant shall record a PUD Agreement and the Final PUD Plans within 180 days
... ~; the final approval by City Council with the Pitkin County Clerk and Recorder binding
this property to this development approval.
17. The development of the free market single.family dwellings proposed for Parcels 4 . 8 of
AMPUD Lot 3 shall be subject to a site and design specific 8040 Greenline Review prior
to their development. These Parcels shall only be required to respond to review standards
1111111111111111111111111 111111111111111111111111111 ~~7~~~:~ rl :46~
5IlVI~ D~vI5 PITKIN COUNTY CO R 3S.00 D 1.00
26.68.030 (C)(3) and 26.68.030 (C)(7); this resolution approves Parcels 4- 8 regarding
8040 Greenline Review Standards 26.68.030 (C)(l, 2, 4, 5, 6, 8, 9, 10, and II) thereby
precluding any further review ofihe same standards as indicated.
18. The owner of each parcel shall pay the required School Land Dedication Fee to the City
of Aspen, which is due and payable at the time of building permit application for the
development of its parcel. This fee shall be assessed at the rate of the regulations and
calculations in effect at the time of the huilding permit application.
19. The owner of each parcel shall pay the required Park Development Impact Fee to the City
of Aspen, which is due and payable at the time of building permit application for the
development of its parcel. This fee shall be assessed at the rate of the regulations and
calculations in effect at ihe time of the building permit application.
20. The Applicant shall record the appropriate deed restrictions for Parcel 9, containing the
six-space enclosed parking garage, requiring that the lot remain for parking purposes only
as part of the Summit Place Condominiums project.
21. It is understood that upon approval of this Final PUD, all remaining residential credits
associated with the AMPUD are hereby extinguished.
II The Applicant shall be required to submit detailed "cut sheets" for the proposed lights on
Lot 3 AMPUD indicating the correct lumens on the lighting plan as part of the detailed
building set to be examined during building permit review.
-The Applicant shall work closely with the City of Aspen Engineering Department to
.. ensure the access point from Parcel I on Lot 3 adequately provides for a left turn onto
South Mill Street.
24. While the development proposal meets virtually all of the proposed underlying L/TR and
Conservation zone districts' dimensional requirements, this Ordinance approves the
following modifications of the dimensional requirements;
a. Maximum Lot Size for Parcel 3 is 15,170 sq. ft.
b. Maximum Lot Size for Parcel 4 is 12,278 sq. ft.
c. Maximum Lot Size for ParcelS is 10,593 sq. ft.
d. Maximum Lot Size for Parcel 6 is 9,825 sq. ft.
e. Maximum Lot Size for Parcel 7 is 17,669 sq. ft.
f. Maximum Lot Size for Parcel 8 is 18,756 sq. ft.
g. Minimum Lot Size for Parcel 9 is 2,745 sq. ft.
h. Minimum Lot Size for Open Space Parcel B is 49,446 sq. ft.
i. Minimum Front Yard Setback for Parcel 9 is 8 feet
j. Minimum East Side Yard Setback for Parcel 9 is 3 feet
k. Minimum West Side Yard Setback for Parcel 9 is 3 feet
I. Minimum Rear Yard Setback for Parcel 9 is 3 feet
111111111 1111111111111111111 ::~7~~:;~; 1461
SILVIO DOVIS PITKIN COUNTY CO R 3~.ee D e.ee
Section 3
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the 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 an authorized entity.
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
shal1 be deemed a separate, distinct and independent provision and shal1 not affect the
validity of the remaining portions thereof.
Section 6
A public hearing on this Ordinance was held on the 11'" day of March at 5:00 pm in the
Council Chambers Room, 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 this 251h day of February, 2002.
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ASPEN, COLORADO
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MEMORANDUM
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TO:
THRU:
FROM:
RE:
Mayor Klanderud and City Council r1~ I!
Chris Bendon, Community Development Director\ANrv/
Chris Lee, Planner tlLl.. .
Aspen Highlands Villas (Lot 10) Initial City Zoning - Second Reading and Public
Hearing of Ordinance No. 11, Series of 2005.
DATE:
March 14, 2005
ApPLICANT: City of Aspen
LOCATION: 98 Glen Dee Road
LOT SIZE: i: 2.57 acres (111,949 square feet)
PARCEL ID NUMBER(S): 2735-142-08-701 (-716)
CURRENT ZONING: Affordable Housing (AH) - County Zoning
PROPOSED ZONING: Residential/Multi-Family (R/MF) with a PUD Overlay - City Zoning
CURRENT LAND USE: Three (3) buildings composed of sixteen (16) multi-family residences.
PROPOSED LAND USE: No changes proposed to current land use.
PLANNING & ZONING COMMISSION RECOMMENDATION: R/MF with a PUD Overlay
STAFF RECOMMENDATION: Approval
SUMMARY:
Aspen Highlands Villas (Lot 10) located at 98 Glen Dee Road is a 2.57 acre lot
between Glen Dee and Maroon Creek Roads. The Applicants (Exhibit C) have
petitioned to annex the Aspen Highlands Villas Condominium Complex (see Exhibit
B for map) into the City of Aspen from Pitkin County. Upon annexation, Colorado
Statutes require that the property be assigned to an appropriate City zone district.
REVIEW PROCEDURE:
Rezoning/Initial Zoning. Once the property is officially annexed into the City of
Aspen, there is a statutory obligation to zone the property with a city zone district
within ninety (90) days of that date. The Planning and Zoning Commission shall
consider the application at a public hearing and recommend a city zone district for the
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property to the City Council. The City Council will then conduct a public hearing
and assign the official zoning status within the timeframe.
BACKGROUND:
Lot 10 was part of the Aspen Highlands Subdivision approved by the Pitkin County
Board of Commissioners on May 26, 1981 (Exhibit D). As part of the subdivision
process it was zoned as Permanent Moderate Housing - Planned Unit Development
(PMH-PUD). The PUD established that only sixteen units, as stipulated in the plans,
could be developed on the site.
Within eighteen months of that approval, on September 7, 1982, the owners of those
sixteen units were granted a Minor PUD Amendment by the Pitkin County Board of
Commissioners permitting them "to enclose the front and rear patios and balconies in
order to increase the units' storage and living areas" (Exhibit E). Currently, ten (10)
of the units have enclosed one of the patios and three (3) of the units have enclosed
both patio spaces (Exhibit F).
In 1994, Pitkin County changed all of their PMH districts to Affordable Housing
(AH). Consequently the zoning of Lot 10 was changed. All development rights and
dimensional requirements established by the original PUD agreement and PUD
Amendment were retained and ran with the property.
All the units are deed restricted for Affordable Housing. Regardless of what zoning
is given to the parcel, that deed restriction will be in effect. It runs with the land and
cannot be altered through a change in zoning.
Photo 1
Some ofthe front patio spaces that could
be enclosed per the minor PUD agreement
2
PREVIOUS ACTION:
The Planning and Zoning Commission considered this initial zoning request during a
public hearing on January 4 that was continued to January 18,2005. At the hearing
on January 18,2005 the Planning and Zoning Commission recommended approval of
this zoning action.
STAFF COMMENTS:
Staff has examined several options to make a recommendation about the appropriate
zoning of the Highland Villas. Based on examinations of the current zoning, the land
use and zoning of surrounding areas, the existing allowable dimensional
requirements, and a physical inspection of the site, Staff believes that Land Use Code
Section 26.710.090, R/MF (Residential/Multi-Family) Zone District, with a PUD
overlay, would be the appropriate designation for this site.
Staff further recommends that the PUD overlay be consistent with what currently
exists on the property; all development rights and dimensional requirements
established by the original Pitkin County PUD agreement and subsequent PUD
Amendment should be retained and run with the property.
Section 26.710.090 of the City of Aspen Municipal Code lists multi-family dwellings
as a specific permitted use and reads that, "Lands in the Residential/Multi-Family
(R/MF) zone district are typically those found in the original Aspen Townsite, within
walking distance of the center of the city, or include lands on transit routes, and other
lands with existing concentrations of attached residential dwellings and mixed
attached and detached residential dwellings." (Review criteria and Staff Findings
have been included as Exhibit A).
Staff also evaluated AHIPUD zoning (Exhibit G) as a possibility for zoning this
property and recommends against it for various reasons. The AH/PUD zone district
is directed more specifically toward attracting new Affordable Housing development
and is an incentive zone district. The code reads that, "The purpose of the Affordable
HousinglPlanned Unit Development (AH/PUD) zone district is to provide for the use
of land for the production of Category affordable housing and resident occupied lots
and units. The zone district also permits a limited component of free market lotslunits
to off-set the cost of developing affordable housing. It is contemplated that land may
also be subdivided in connection with a development plan." (Exhibit H)
Residential use is among the permitted uses within the AHlPUD zoning district, but it
is specifically established to encourage development of affordable housing. It states
that, "A minimum of seventy percent (70%) of the project's total bed rooms shall be
deed restricted affordable housing consistent with the Affordable Housing
Guidelines." The AHIPUD zone district code language goes on to explain that, "The
remaining bedrooms that are not deed restricted to affordable housing may be free
market residential units." (Exhibit H)
Such language is obviously included to encourage new development of affordable
housing. Having been in existence since 1981, Highlands Villas is certainly not a
new development, but is rather an "existing concentration of attached residential
3
dwellings" located along a "transit route(s)" as specified in the R/MF zone district.
The Applicants are proposing no new development on the property, but simply desire
to maintain the option of enclosing patio spaces as granted in the PUD Amendment
approved by Pitkin County in 1982.
The Planning Commission's main concern regarded assigning an initial city zoning of
R/MF to this property, fearing that it would gain significantly more development
rights than what currently exists. The existing FAR is :t 18,600 square feet and the
allowable FAR (with slope reduction) under R/MF zoning would be:t 31,000 square
feet. With a PUD overlay, any changes to the development rights and dimensional
requirements established by the existing PUD would have to be accomplished
through a PUD amendment and any other necessary land use approvals
Staff has examined the property and found that even if the Applicants wished to apply
for other development in the future, topography, parking requirements, easements and
park space would make it exceptionally difficult to do so. The topography of the
property, aside from the existing building footprint and parking area, is very steep.
Photo 2 is a shot looking toward the retaining wall behind the units. Development on
that portion of the property, due to the steep topography, existing easements and
limited space would likely be impossible. Photo 3 shows the wooded section of the
lot next to Maroon Creek Road. This wooded portion of the property slants downward
toward the road rather dramatically and would not be appropriate for future
development opportunities due to the steep topography and drainage issues (a small
pond often forms there).
Photo 2
The retaining wall behind the units
looking upward toward Glen Dee Road
Photo 3
The wooded area looking
down toward Maroon Creek Road
4
ST AFF 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. Staff recommends that City Council assign the zoning of Aspen Highlands
Villas (Lot 10) to Residential/Multi-Family (R/MF) with a PUD overlay.
CITY MANAGER ~ENTS:
~J~.P ~O ~rv-n-P '8
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RECOMMENDED MOTION:
"I move to approve Ordinance No. II, Series of 2005, assigning the property at 98
Glen Dee Road, Aspen Highlands Villas (Lot 10), to the Residential/Multi-Family
(R/MF) City zone district with a PUD overlay."
A TT ACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Vicinity and Current Zoning Map
Exhibit C -- Applicant/Owner List
Exhibit D n Resolution No. 81-39 (Pitkin County Board of Commissioners)
Exhibit E -- Resolution No. 82-19 (Pitkin County Board of Commissioners)
Exhibit F -- Unit layouts showing areas allowed to be enclosed
Exhibit G n Aspen City Code Section 26.710.090 Residential Multi-Family (R/MF)
Exhibit H -- Aspen City Code Section 26.710.110 Affordable HousinglPlanned Unit
Development (AH/PUD)
Exhibit I n Pitkin County Code Section 3-40-070 Affordable Housing (AH)
5
ORDINANCE NO. 11
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
ASSIGNING ASPEN HIGHLANDS VILLAS (LOT 10) TO THE RESIDENTIAL/MULTI-
FAMILY (R/MF) ZONE DISTRICT WITH A PUD OVERLAY.
PARCEL 10 NUMBER(S): 2735-142-08-701 (-716)
WHEREAS, the owners of the sixteen (16) deed-restricted, affordable housing units of
the "Aspen Highlands Villas (Lot 10)", a parcel ofland located at 98 Glen Dee Road, petitioned
for annexation into the City of Aspen, and,
WHEREAS, the property is approximately :1.:2.57 acres, legally described herein; and,
WHEREAS, the property was annexed into the City of Aspen from Pitkin County on
January 24,2005 pursuant to Ordinance No. 49, Series of 2004; and,
WHEREAS, the City Council of the City of Aspen must designate a city zone district for
the property within 90 days of the final annexation; and,
WHEREAS, the City Council may approve Amendments to the Official Zone District
Map (Rezoning) after taking and considering recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
conformance with the review criteria set forth in Section 26.310; and,
WHEREAS, the Community Development Department analyzed the parcel of land and
recommended the property be designated to the Residential/Multi-Family (R/MF) Zone District
with a PUD overlay; and,
WHEREAS, the property was initially zoned with a PUD overlay by the Board of
County Commissioners of Pitkin County through Resolution No. 81-39; and,
WHEREAS, the initial PUD was amended by the Planning and Zoning Commission of
Pitkin County through Resolution No. 82-19; and,
WHEREAS, the conditions established by the previously approved County PUD will be
recognized as the City site specific development approval under the zoning approved hearing;
and,
WHEREAS, the City of Aspen Planning and Zoning Commission conducted a duly
noticed public hearing on January 4,2005, and continued the hearing to January 18, 2005 and
found that the R/MF zone district with a PUD overlay is appropriate for the property and in
keeping with the Aspen Area Community Plan; and,
WHEREAS, during the Aspen Highlands Villas continued hearing on January 18,2005,
the Planning and Zoning Commission approved Resolution 3, Series of 2005, by a three to one
(3-1) vote, recommending that City Council assign Aspen Highlands Villas (Lot 10) to the
Residential/Multi-Family (R/MF) zone district with a PUD overlay; and,
WHEREAS, during a duly noticed public hearing on March 14, 2005, the Aspen City
Council will review the application according to the applicable provisions of the Municipal Code as
identified herein, and will review and consider the recommendation of the Community
Development Director and Staff, the Planning and Zoning Commission, and will consider public
comment; and,
WHEREAS, the City Council finds that the application meets or exceeds 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:
That the land identified as Aspen Highlands Villas (Lot 10) and commonly referred to as
"Highlands Villas (Lot 10)" be assigned Residential/Multi-Family (R/MF) Zoning with a PUD
overlay, as described below, and direct the Community Development Director to amend the
Official Zone District Map accordingly.
Aspen Hie:hland Villas (Lot 10) Lee:al Description:
A tract of land known as LotIO, Aspen Highlands Subdivision, Filing No.2, recorded in Plat
Book II at page 50 also being in the E Y2 of the NW Yo and the SW Yo of the NW Yo of Section
14, Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado
being more particularly described as follows: Beginning at a point on the easterly right-of-way of
the Maroon Creek County Road whence the North Yo corner of said Section 14 bears
N40030'33"E a distance of 1745.05 feet with all bearings being relative to a bearing of
NOl04l'31"E between the SW corner and the W Yo corner of said section 14; thence
S32004'26"E a distance of28.41 feet along the south line of Lot I Aspen Highlands Subdivision;
thence along the westerly line of a parcel of land described in Book 194 at Page 484 of the
records of the Pitkin County Clerk and Recorder the following courses: thence SII 034'29"W a
distance of 86.46 feet; thence SOI029'45"W a distance of 165.95 feet; thence SI4004'21"W a
distance of I 09.09 feet; thence S20025'26"W a distance of 293.36 feet; thence N36052'22"W a
distance of 52.59 feet to the northeasterly corner of a parcel of land described in Book 188 at
Page 17 of the records of the Pitkin County Clerk and Recorder; thence along the northerly line
of said Book 188 at Page 17 N60022'57"W a distance of 237.89 feet to said easterly right-of-
way line of the Maroon Creek County Road; thence along said easterly right-ot~way line
following the following courses: N290l8'59"E a distance of 84.98 feet; thence 144.20 feet
along the arc of a 800.49 feet radius curve to the right, having a central angle of 10019' 16" and
subtending a chord bearing N34028'00"E 144.00 feet; thence N39036'53"E a distance of393.26
feet the POINT OF BEGINNING, containing 2.569 acres, more or less.
SECTION 1:
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.
2
SECTION 2:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
SECTION 3:
The City of Aspen hereby accepts and adopts the Planned Unit Development plan approvals,
granted by Pitkin County via Pitkin County Resolution 81-39 and 82-19, allowing for the expansion
of individual units on the property.
SECTION 4
That the City Clerk is directed, upon adoption of this Ordinance, to record a copy of this Ordinance
in the otlice of the Pitkin County Clerk and Recorder.
SECTION 5:
A public hearing on the Ordinance shall be held on the 14th day of March, 2005, at a meeting that
begins at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (I5)
days prior to which a public hearing notice of the same shall be published in a newspaper of general
circulation in the city.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of February, 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. Klanderud, Mayor
3
Approved as to form:
City Attorney
H:IChrisL\ApplicalionsICity CouncillHighlands Villas ZoninglCC
4
EXHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
AMENDMENT TO THE OFFICIAL ZONING MAP OF ASPEN HIGHLANDS VILLAS (LOT 10)
Section 26.310.040, 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? I 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 and access. In addition, the proposed rezoning application will not
create any zoning non-conformities with respect to the existing Highlands Villas
development.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Comprehensive Plan.
STAFF FINDING: I DOES IT COMPLY? I 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 site as a residential property with both
multi-family and affordable housing, which is allowed for with the prooosed zoning.
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? I YES
The subject property borders City land to the south that is zoned R/MF with a PUD overlay.
Given this contiguous zoning designation, Staff believes that R/MF with PUD overlay would
be most appropriate for this property to avoid spot zoning. The characteristics of this
property are also most consistent with the R/MF City zoning. It is also contiguous with the
City of Aspen boundary along the north/west side of the property being separated only by
Maroon Creek Road. The current City Zoning in that area is C PD (Conservation PUD).
The rest of the subject property is surrounded by County land that is zoned R30 (Suburb
Density Residential).
D. The effect ofthe proposed amendment on traffic generation and road safety.
STAFF FINDING: I DOES IT COMPLY? I YES
Staff does not believe that the proposed zoning will have a significant effect on traffic
generation or road safety because it would not increase the number of allowed residential
units to the property.
I
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.
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
rezoning request because it would not allow an increase in the number of residential units
without GMQS approval.
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 not result in significant adverse impacts on the
environment.
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 would not allow for any type of
development that is not consistent with the predominant uses in 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 annexation of Lot 10 itself has produced changed conditions (land transferred from
County to City) that warrant the proposed amendment.
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 assign City of Aspen zoning to this parcel once it becomes a part
of the City. This zone district (R/MF) represents the closest approximation to the previous
Pitkin County zoning, and does not pose any conflicts to the public interest. Statr believes
the proposed zoning promotes the purpose and intent of this Title and is in harmony with the
public interest.
2
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NAME PHYSICAL ADDRESS PARCEL ID # SIGNATURE OF OWNE!iJS
DATE ~vU--uu r!23r2..o0c.; /I
T,"i,5<oi, ,HighI"d,ViII" 273514208701 ~ ~~ ~
Elizabeth and John Bokram 273514208702~/_~~ ~
2 Highlands Villas _~ -i/"{"'.
_,0 < "-
David and Lisa Vantine v::.
3 Highlands Villas 273514208703
273514208712 a::f. ~~ "
273514208713 ~ ~
('~')Y7 ,
273514208714 s/,..;.h ///F-~
---
Aspen School District
4 HighlandsVillas
Katrina Johnson
5 HighlandsVillas
273514208704
273514208705
Jennifer and Tim Lamb
6 Highlands Villas
273514208706
Lisa and Joe Kistner
. 7 Highlands Villas
273514208707
Lee Cassin and Dave Tolen
8 Highlands Villas
. Wendy Larson
9 Highlands Villas
Jim and Mary Owens
10 HighlandsVillas
273514208708
2735142-08709
273514208710
/y)..ariah Shipp
11 Highl~nds Villas
Phil and Jill Hedrick
12 Highlands ViJias
273514208711
.",
Sean and Erica Groover
13 Highlands Villas.
Patsy Malone .
14 Highlands Villas
Marlene Schroeder
15 Highlands Villas
Phyllis Kef\ny and Charlie Varonen
16 Highlands Villas
2735142087
273514208716
;
A.', ',~_
RECORDED AT 9:01 A.M.
9 .rUNEl 1981 LORE71'A BAWiER~ RECORDER
, .' -
'. - NOlI, iHEREFORE,':BE IT RESOlVED by the Board of COtJnty C_isslone,.. .of
Pitkin County. i:olo~ado. that PMH-PUD rezoning for the 2.57 acre sil:e - doscrlbe4
.".<'".'-
-, '",,' EJihlblt..~B".to be used for no IIIOre than sixteen (16) Dlltl-f...lly PMH . _ .-
0, - ,.,,; " ,:~/i"~--~?;-:'-;;<,i':;::~'0~;;:'F><'_,{i-': ,,'_::. ,,:- .' -'. _;.... .. - _,,:,i'-:':"':: ,_. '_. ~'. __ " ,-,-' . ...:.....',,-': ,"_"::' ..' - ":';'~"'~:':
'dWelling iHiJts .nd Final Plat approval is hereby grented for the proposed ...Uf-
,~:' .. .f~lh '~Yeloi-nt ~n~ the eight (B)now single f';'ny free ...r~t I1caSI~s '.
. sui,jectio.the fonOwlng conditions: . "_...__. .'
1.'-' The C';;'ty'Enginoer- wll1 work with .dj.cent property ......rs ldlosv ~- . '..
prDIIOrtln .Ue Idjlcent to the PMIl-PUD project to dote...l.. the ijlpn?'-
. - :'- ;J>>"!~te ~~~lngtechnICS._ en -. '+_::,~~~
- 2. c The A"liCant shall pay the pro ..ata lhar. of plYing Glen Elgla Drl..::
- .. - '.t'such tl. IS In illpro_t dfstrle.t is fo....d (Pro r.ti shall ....n;...~
.: .:In this .c.... no l.sl than . 4/16 sha.. of the total COlt of the roIlt. ._:'~
. '1IIIprov_t). Thh responSibility shall relt with the Aspen Righl.....- '::':_
SkUnl Corporation - and . shall _ not_ b._ tranllferrad. -". _:;<,<_,;" .-_,-,-,,-.t:.,;;::~;:.-,-"
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONS
OF PITKIN COUUTY, COLORADO
"0).4011
~:~:1,'"~51
RECEPTION I GRANTING PMH-PUO REZONING ANO FINAL PLAT APPROVAL
FOR THE ASPEN HIGHLANDS SUBDIVISION FILING 2
Resolution No. 81 - ~
W~EREAS. Aspen Highlands Skiing Corporation. a Deleware corporation
lndWlpple Van Ness Jones (hereinafter referred to as "Applicant") are
,
the oWners of record of 15.33 acres of real property located in Pltkfn
County, Colorado more speCifically described In the attached Exhibit "A",
and
. WHEREAS, the Applicant has applied for rezoning of 2.57 acres of saId.
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p~operty. more specifically described as Exhibit "S"-attached hereto 'Ind_In~
corporated'J this reference. to PMH-PUD for the purpose of devel~ntof
':'."
'.' ^ , .~' '::--' .' .: -".:, . ..' -, '-> _, . . . . '..: ,:'-;,0.> ,.-,-'\:_'<" c_,
the Soard heard evidence end testilllOny presented with respect to thlslppllcil-"
tion.
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3. 'All "slles of the Aspen Highlands Vl11l$ shall be subject to the Pitkin
C"""ty'~ReSlJe Ag~t. .... . . . . . ...
4. The Applicant shall-executa and ..cord IlIIprov_ts Ag.._nt for the
construction of I bUI stop .nd for the pevlng of Glen Dee Drlv. froll
the entr.nce of the PHH-PUD project to ""roon Creek Iload lnd for the
plving of Glen Gary Drive South. .
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:". . :nc i\ppliunt '~i)dll pn~rJ~'c a Condominium Pl,lt t(.1 be approved by the
Caunt.y EnJj(le~r fo\' the PMH~PUD projPct pi-ior- t" fecol'ding.
6. The Applicilnt shull ex.::cute and n:cord Condomin"iutl1 Declarations tc be
2ppl'oved by the County Attorn>:!,y prior to rec~rdin~.
7. The Applicant sh<l11 e.~e'':ljte and record the DeclarJtion of Restrictions
Agreelfle~lt in wJlich the Aspen HighlJnds S~iing C.orpori1tion acc~pt.s re-
sponsibility for" snow rell10val and millnt.e'-h111(e of Glen Cury Dri"E South.
Approved by the Board of CO'Jnty COI1Jllis<jioners of t>itkin County. Colorodo at
their regular meeting on MdY 26, 19H1.
BOARD OF COliNI)' COHt1ISS10N['{S
OF PiTKIN COurlTY. COLORAOO
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APPROVED AS TO FORM;
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RESOLUTION OF THE PLANNING AND ZONING COMMISSION
OF PITKIN COUNTY, COLORADO,
GRANTING SPECIAL APPROVAL TO MINOR AMENDMENTS
TO THE HIGHLAND VILLAS CONDOMINIUM PLAT
Resolution No. 82 _ 19'
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WHEREAS the owners of the sixteen units at Highland Villas are owners in
cammon of a 2.57 acre parcel of real property in Pitkin County, Colorado more
specifically describ~d in the attached Exhibit "All; and
'WHEREAS, the owners of these sixteen units have requested special approval
for,minor amendments t9 be made to the Highland Villas Condominium Plat; and
WHEREAS, the Planning and Zoning Commission of Pitkin County, Colorado
held a-meeting on June 22. 1982, at whic~ time evidence and testimony were
presented with respect to this application.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of
Pitkin County, Colorado that special approval is hereby granted in order to
allow the requested amendments to the Highland Villas Condominium plat. The
approval allows the owners of the sixteen units at Highland Villas to enclose
the front and rear patios and 'balconies in order to increase the units' storage
"
and living areas.
APPROVED by the Pitkin County Planning and Zoning Commission at their
regular m~~eting on .JbllJ 6, 1982.
~~-n ,''81 + Jel"n!nledl. ." III 8 2-
PITKIN COUNTY PLANNING AND
ZONING. COMMISSION
By:
Peter Guy,
!,>1lCjUIleL-
G,A~."...a",
ka~~n ~~
ATT~
Deputy County Clerk
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26.710.090 Residential Multi-Family (R/MF)
A. Purpose. The purpose of the Residential/Multi-Family (R/MF) zone district is to provide for
the use of land for intensive long-term residential purposes, with customary accessory uses.
Recreational and institutional uses' customarily found in proximity to residential uses are
included as conditional uses. Lands in the Residential/Multi-Familv (R/MF) zone district are
tvpicallv those found in the Aspen Infill Area, within walking distance of the center of the city,
or lands on transit routes, and other lands with existing concentrations of attached residential
dwellings and mixed attached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential/Multi-Family
(R/MF) zone distiict:
I. Detached residential dwelling.
2. Two detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory Dwelling Units and Carriage Houses meeting the provisions of Section
26.520.
9. For historic landmark properties: bed and breakfast, and boardinghouse.
C. Conditional uses. The following uses are permitted as conditional uses in the
Residential/Multi-Family (R/MF) zone district, subject to the standards and procedures
established in Chapter 26.425:
I. Arts, Cultural, and Civic Uses.
2. Academic Uses.
3. Recreational Uses.
4. Group home.
5. Child care center.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Residential/Multi-Farnily (R/MF) zone district:
I. Minimum lot size (square feet): 6,000. For Historic Landmark properties: 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwelling:4,500. For Historic Landmark properties: 3,000.
b. Duplex dwelling unit: 4,500. For Historic Landmark properties: 3,000.
c. Multi-family dwellings: No requirement.
d. Bed and breakfast, boardinghouse: No requirement.
3. Minimum lot width (feet): 60. For Historic Landmark properties: 30.
4. Minimumfront yard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
..'.':,
5. Minimum side yard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
6. Minimum rear yard setback (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b. Multi-Family: 5.
7. Maximum height (according to density)(feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district.
b.Multi-Family - parcel density less than one unit per 1,500 square feet of lot area:
25.
c. Multi-Family - parcel density equal to or greater than one unit per 1,500 square
feet oflot area: 32.
8. Minimum distance between buildings on the lot (feet):
a. Detached residential and Duplex dwellings: Same as R6 zone district
b.Multi-Family: No requirement. (Building and fire codes may apply.)
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR) (applies to each type of use, according to density) (applies to
con-forming and nonconforming lots of record):
a. Detached residential and Duplex dwellings established prior to the adoption of Ordinance 27,
Series of 2004: 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.
b. Detached residential and Duplex dwellings established after the adoption of Ordinance 27,
Series of 2004: 80% of the allowable floor area of an equivalent-sized lot located in the R6
zone district. (See R6 Zone District.) City of Aspen Historic Transferable Development
Rights shall not be extinguished in this zone district and shall not permit additional floor
area.
c. Multi-Family - parcel density ofless than one unit per 1,500 square feet oflot area: .75: I.
d. Multi-Family - parcel density equal to or greater than one unit per 1,500 square feet of lot
area: 1.25: I.
e. Multi-Family - parcel density equal to or greater than one unit per 750 square feet of lot area:
1.5: I.
(Ord. No. 56-2000, 9 7 (part); Ord. No. 25-2001, 9 5 (part); Ord. No. 1-2002 9 20 (part), 2002;
Ord. No. 29-2002 ~ 1,2002; Ord. No. 27-2004, 91)
E~\'~ \\
26.710.110 Affordable Housing/Planned Unit Development (AH/PUD)
A. Purpose. The purpose of the Affordable Housing/Planned Unit Development
(AH/PUD) zone district is to provide for the use of land for the production of Category
affordable housing and resident occupied lots and units. The zone district also permits a
limited component of free market lotslunits to off-set the cost of developing affordable
housing. It is contemplated that land mav also be subdivided in connection with a
development plan. The AH/PUD zone district is intended for residential use primarily by
permanent residents of the community. Recreational and institutional uses customarily
found in proximity to residential uses are included as conditional uses. Lands in the
AH/PUD zone district should be scattered throughout the City to ensure a mix of housing
types, including those which are affordable by its working residents; at the same time the
AH/PUD zone district can protect the City's neighborhoods from rezoning pressures that
other non-community oriented zone districts may produce. Further, lands in the AH/PUD
zone district should be located within walking distance of the center of the City, or on
transit routes.
B. Permitted uses. The following uses are permitted as of right in the AH/PUD zone
district:
1. Residential uses restricted to Category affordable housing guidelines and
resident occupied units which comply with the following requirements:
a. Minimum Bedroom Mix. A minimum of seventv percent 00%) of the
project's total bed-rooms shall be deed restricted affordable housing
consistent with the Affordable Housing Guidelines. The mix between
categories of housing shall be consistent with the Affordable Housing
Guidelines. The remaining bedrooms that are not deed restricted to
affordable housing mav be free market residential units.
b. Permissible reduction in bedroom mix for exemplary projects. A project
may be eligible for a reduction of the minimum affordable housing
bedroom mix requirement to a level of sixty percent (60%) of the project's
total bedrooms if the applicant can demonstrate to the satisfaction of the
City Council that the project meets the requirements for an exceptional
project as set forth in the Affordable Housing Guidelines.
2. Home occupations;
3. Accessory buildings and uses; and
4. Accessory dwelling units meeting the provisions of Section 26.520.
C. Conditional uses. The followings uses are permitted as conditional uses in the
Affordable Housing (AH) zone district, subject to the standards and procedures
established in Chapter 26.425:
1. Park and open use recreation site;
2. Child care center;
3. Satellite dish antennae;
4. Dormitory; and
5. Transit facilities.
D. Dimensional requirements.' The following dimensional requirements shall be
established by adoption of a Final PUD Development Plan and shall apply to all
permitted and conditional uses in the Planned Unit Development:
1. Minimum Lot Size.
2. Minimum Lot Area per dwelling unit.
3. Maximum allowable density.
4. Minimum lot width.
5. Minimum front yard.
6. Minimum side yard.
7. Minimum rear yard.
8. Maximum site coverage.
9. Maximum height (including view planes).
10. Minimum distance between buildings on the lot.
II. Minimum percent open space required for the building site.
12. Trash access area.
13. Allowable Floor Area.
14. Minimum off-street parking spaces.
15. Other dimensions determined necessary to establish through the PUD process.
Note #1: The maximum allowable density permitted in this zone shall be
established by adoption of a Final PUD Development Plan by using the
following table applied to the proposed fathering parcel as a guide:
Unit Type
Minimum Lot Area" per dwelling unit (square feet)
Dormitory
Studio
One Bedroom
Two Bedroom
Three Bedroom
Three+ Bedrooms
300
400
500
1000
1500
500/Bedroom
Note #2: The allowable floor area permitted in this zone shall be established by adoption
of a Final PUD Development Plan by using the following table applied to the proposed
fathering parcel as a guide:
Fathering parcel Lot Area*
0--15,000 square feet
15,001--25,000 square feet
25,001--43,560 square feet
> I acre-- 3 acres
> 3 acres--6 acres
>6 acres
Allowable Floor Area Ratio
1.1 :1
1:I
.8:1
.6:1
.36:1
.3:1
* Lot Area as defined in the Land Use Code.
(Ord. No. 55-2000, 9 22)
lx~\).\ -r.
3-40-070 AH Affordable Housing
A. Intent: The AH, Affordable Housing, district is intended to provide land for the production of
income and price restricted housing of all types. The district provides affordable housing
opportunities for permanent residents of Pitkin County in a comfortable, healthy and safe location
sheltered from incompatible and disruptive activities. The district need not be located in
proximity to incorporated or unincorporated towns but should be located in areas with minimal
impacts on surrounding areas, free of environmental hazards.
B. Allowed Uses: The following uses are allowed as of right in the Affordable Housing (AH)
Zone District:
I. Accessory buildings and uses.
2. Bus stop.
3. Crop production.
4. Day care centers.
5. Horne occupations.
6. Mobile homes.
7. Parks, playground, playing fields.
8. Category I, 2, 3 or 4 deed restricted single-family dwelling units.
9. Solar energy collectors (private use).
10. Trails.
C. Special Review Uses: The following uses are subject to special review:
I. Agriculture stands.
2. Caretaker dwelling units.
3. Cemeteries.
4. Churches.
S. Club houses or recreational buildings used in connection with and accessory to a
permitted outdoor recreational use.
6. Community health facilities.
7. Dormitory housing.
8. Duplex dwelling units.
9. Employee dwelling units.
10. Farm buildings.
II. Golf courses.
12. Multi-family dwelling units.
I3. Nursing, convalescent, rest, and retirement homes.
14. Outdoor recreational uses.
15. 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 or gross leasable space per dwelling unit in the district.
16. Manufactured home.
17. Satellite reception devices.
18. Schools/universities.
19. Sewage disposal areas/landfills/water plants.
20. Uses, activities and facilities pennitted by special use permit issued by federal
agencies.
21. Water crossing and diversion.
D. Prohibited Uses: The following uses are prohibited in the Affordable Housing (AH) Zone
District:
1. Airport.
2. Alpine ski areas and support.
3. Amusement and entertainment establishments.
4. Animal production and husbandry services, and other farm and agricultural uses.
s. Commercial automobile parking lots.
6. Commercial camping areas.
7. Commercial firewood splitting, storage and sales.
8. Commercial kennels and veterinary clinics.
9. Commercial riding stables.
10. Equipment snpplies and contraction or subcontraction.
II. Essential government and public utility uses, facilities and services.
12. Financial institutions.
13. General services.
14. Guest ranches.
15. Hospitals.
16. Junk yards.
17. Logging.
18. Medical/dental clinics.
19. Mineral exploration/mining concrete batch plants.
21. Motels, hotels, lodges.
22. Nordic ski areas and support facilities.
23. Offices.
24. Places for retailing of goods.
25. Professional offices.
26. Radio transmitting station.
27. Research facilities, indoors.
28. Research facilities, other.
29. Resort cabins.
30. Restaurants and bars.
31. Timesharing/fractional fees.
32. Uses not listed.
33. Vehicle and aircraft sales and service.
E. Dimensional Requirements: The following dimensional requirements shall apply to all
permitted and special review uses in the Affordable Housing (AH) Zone District:
1. MinimUllllot area: six thousand (6,000) square feet.
2. Minimum lot area principal use is dependent upon the type of affordable housing: a.
Single-family dwelling (SFD): three thousand (3,000) square feet. b. Duplex (DUP):
tluee thousand (3,000) square feet. c. Multi-family studio (MF-ST): one thousand (1,000)
square feet. d. Mnlti-family one bedroom: one thousand two hnndred fifty (1,250) square
feet. e. Multi-family two-bedroom: two thousand (2,000) square feet. f. Multi-family
three-bedroom: three thousand (3,000) square feet.
3. Minimuin usable open space per dwelling unit: one thousand two hundred (1,200)
square feet.
4. Minimum front yard setback: See Figure 3-1.
s. Minimum side yard setback: See Figure 3-1.
6. Minimum rear yard setback: See Figure 3-1.
7. Minimum lot width: thirty feet (3D').
8. Maximum height principal structure: twenty-eight feet (28').
9. Maximum height accessory structure: twenty feet (20').
10. Maximum floor area ratio: .50. (Ord. 99-36 Att. B (part))
""\ C
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
Steve Barwick, City Manager
John Worcester, City Attorney
FROM:
Chris Bendon, Community Development Director
~
RE:
Lodging Zone District Amendments
. Lodge Zone District (currently LTR District)
. Commercial Lodge District
. L.odge Overlay District
. Lodge Preservation Overlay District
. Definition of "Lodge"
Second Read!ng of Ordinance No.9, Series of 2005 (cont. from 2.28.05)
DATE:
March 14,2005
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.
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 will be a
combination of zoning provisions - height and FAR, and Growth Management
incentives ~ a lower mitigation rate and associated free-market development.
Staff met with several lodge owners and has revised portions of the Ordinance.
Following is a summary of the amendments, some of which require additional
substantive discussion:
Unit Density and Average Size: After speaking with the lodge group, the 5001500
standard seems like a good approach. In particular, small units seem to be more
attractive to the market and more likely to be short-termed. Additional flexibility has
been included to allow these two thresholds to be varied through Special Review.
This will allow some modification without a full PUD process. A diagram showing a
500 square foot unit is attached.
I
Lock-Ojfs: Unit flexibility is an important aspect to the lodging industry and staff
has included this in the ordinance. This appears under the definition section. This
will allow a project to qualify under the 500/500 standard even if the units are
comprised oflock-offs.
Kitchens: Kitchens in lodge units appear to be necessary for financing. In fact, a
soon-to-be lodge proposal was to be kitchen-free until the financing determined that
kitchens would be required. A minimal kitchen is all that is necessary. Staff reviewed
kitchen plans with an architect who designs lodges throughout the resort industry and
they use a kitchen with an 8-foot, 4-inch linear dimension. This provides for a sink,
two burners, a small dishwasher, and a refrigerator - no stove. Many of the Lodge
Preservation lodges have been developed with minimal facilities. Staff is
recommending that a 10-foot linear kitchen be permitted and that a larger kitchen
could be reviewed through Special Review.
Occupancy Restrictions: The lodge group all identified the 30-day restriction as
being too short. Many stays in Aspen exceed this time period - in the range of 6 to 8
weeks. No specific timeframe was recommended by the group, other than something
more than 30 days. Staff recommends that a 30-day limit still be identified (to
coincide with the State's definition) but allow for a greater number of consecutive
days. This item needs further discussion.
Amenities: The lodge group identified property amemtIes as a significant
contribution to the quality of the lodging experience and to the short-term nature of
the property. These are spaces such as lobbies, exercise rooms, breakfast rooms,
pools, etc. The group suggested that these types of amenities be given their own
FAR. This will eliminate competition between "unit space" and "non-unit space"
when an architect or developer analyzes a new building. Also, the group suggested
that the presence of these amenities be used to determine if a lodge project can vary
the 500/500 standard and/or the kitchen-size standard. This has been included in the
ordinance.
Free-Market Component: For "incentive" projects meeting the 500/500 standard,
staff is recommending that a portion of the overall project be permitted to be free-
market residential development. This space should also be permitted to be fractional
units or additional lodge units not limited by the average size restriction. A typical
project should be able to meet the 500/500 standard with between 1:1 and 1.5:1 of the
total FAR. This leaves a significant amount of unused FAR. The lodge group
suggested that this "left-over" be permitted to be the free-market component. Staff
believes this is too high of a percentage of the project and that it could represent an
incentive to minimize the lodging portion of the project. For example - the smaller
the amenities, the more free-market development would be allowed. This runs
counter to the goal of providing high-quality lodging projects.
2
An FAR could be used which is less than the expected remaining portion of the total
FAR. For example, a .75:1 FAR could be used as the portion ofthe project to be the
free-market component. It was also suggested that an incentive could be included to
allow the free-market component to increase if the lodging component increases.
This may look more like a percentage of the overall project FAR - the original
concept.
It appears that the necessary free-market portion of the project needs additional
discussion. Staff has seen a potential project using the 20% total FAR. It's not clear
if this project could achieve financing. Staff has also seen a potential project which
needs significantly more than the originally proposed 20% - in the neighborhood of
40%. Staff does suggest that a process be included that would allow this percentage
to be varied in consideration of project amenities. Staff has included a 30% of total
FAR standard with the ability to vary the percentage. See pages 5 and 6 of the
proposed Ordinance.
Staff will be meeting with the Finance Director and reviewing the financial conditions
of a potential lodge project and should have additional information to present at the
meeting.
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 by applied to Commercial Lodge CL properties.
For Lodge District properties, staff is now suggesting the C 1 Zone height schedule.
This would provide for a height of 42 feet for flat roofs and 38 feet for sloped roofs.
This was not a point of discussion with the lodge group, but Council indicated
concern over heights during the previous meeting.
Staff recommends Council review each of the remaining issues with staff and
lodge representatives in attendance. Staff believes many of these issues can be
resolved during the hearing, but is prepared to continue the hearing if necessary.
_.---~- -"'"
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MAP OF LODGE ZONE
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MAP OF COMMERCIAL
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MAP OF LODGE OVERLAY
ZONE DISTRICT:
MAP OF
PRESERVATION
ZONE DISTRICT:
LODGE
OVERLAY
CITY MANAGER'S C"NTS:
~(' ~nv~.-<--<Q ~~~_
RECOMMENDED MOTION:
"I move to approve Ordinance No.9, Series of2005."
ALTERNATE MOTION:
"I move to continue Ordinance No.9, Series of2005, to [date] for additional staff
research on the following topics. . . ."
ATTACHMENTS:
A - Example 500-square-foot units.
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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 (L) (was the LTR) Zone District page 2,
26.71 0.200 - 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,
26.104.100 - 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 of2005.
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 (LTR) Zone District, which section regulates
development within the L TR 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. Free-Market residential units within this zone district shall be permitted, but not
required, to be used as short-term tourist accommodations. The City of Aspen encourages high-
occupancy lodging development in this zone district. Therefore, certain dimensional incentives
Ordinance No.9
Series of2005.
Page 2
are provided in this zone district as well as other development incentives in Chapter 26.470 -
Growth Management.
B, Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
I. 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.
] 2. Parking shall not be allowed as the sole use ofthe 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 permitted within Lodge units. (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. AtIordable Multi-Family Housing not accessory to a lodging or timeshare operation.
Ordinance No.9
Series of2005.
Page 3
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge (L) Zone District:
I. Minimum lot size (sQuare feet!: 3,000
2. Minimum lot area per dwellinz unit (.~Quare 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 (teet!: 5.
6. Minimum rear vard setback (teet!: 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. Also see Section 26.71O.190.F.
~
8. Minimum distance between buildinzs on the lot (feet!: 10.
9. Pedestrian Amenitv Space: 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 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.71O.190.F.
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.
Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit space):
2:1, which may be increased to 2.5:1 by Special Review, pursuant to Section
26.430.
~ 3. Uses and facilities ancillary to a lodging operation (non-unit space): .5:1.
4. Commercial Parking Facility: I: 1.
~ 2.
Ordinance No.9
Series of 2005.
Page 4
5. Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
* 6. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 30% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the. total project represents 10,000 square feet of Floor Area, then 3,000 may
be free-market residential space or space devoted to lodge/timeshare units
which are not to be limited by the average unit-size limitation. Also see
Section 26.71O.190.G.
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.
1. 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 unit, Timeshare Lodge unit, Exempt Timesharing unit (unit space): 1:1.
3. Uses and facilities ancillary to a lodging operation (non-unit space): .5: 1.
4. Commercial Parking Facility: I: I.
5. Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
6. 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
established prior to the adoption of Ordinance 9, Series of2005, cumulatively, up
to a total maximum FAR of 1: I. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Family Housing: 1: 1.
2. Free-Market Multi-Family Housing: I: I.
D. The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75: I. Receipt of a Development Order shall constitute
the date the use was established.
Ordinance NO.9
Series of2005.
Page 5
~
I. Affordable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5: I.
E. Kitchens in Lodge Units. Kitchens within individual lodge units are permitted, subject to
the following criteria:
1. The kitchen facilities within an individual unit shall be limited to ten (l0) linear fe.et
and only intended to enhance the short-term occupancy of the lodging operation.
2. Larger kitchens may be approved by the Planning and Zoning Commission in order to
enhance the short-term occupancy of the lodging operation if adequate assurance is
provided by the lodge owner/operator that the lodge units will not be used as
residential units.
~ F.
~ G,
Note: A full kitchen consists of a sink, refrigerator, and a cooking device. Lodging units
with less than a full kitchen shall be permitted, regardless of size. A kitchen within a
lodge shall not require special review. Kitchens within residential units (single-family,
duplex, or multi-family configuration) located in the district shall be permitted, regardless
of whether the residential unit is used as a permanent residence or is used for short-term
occupancies.
Special Review for Density and Unit-Size Standards. A Lodge, Timeshare Lodge, or
Exempt Timeshare project not meeting either the "density standard" - one unit per 500
square feet of Lot Area - or the "unit-size standard" - average of 500 square feet ~ may
be approved for the incentives associated with these standards by the Planning and
Zoning Commission, pursuant to the review procedures for Special Review, Chapter
26.430, and the following criteria:
I. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external
amenities.
2. The project provides a range of unit sizes and configurations to be attractive to a
broad segment of potential gnests. Flexible units are encouraged.
3. There exists a system or strategy for the project to maximize short-term occupancies.
Special Review for Increasing the Percentage of the Project Used for Free-Market
Residential Space. A Lodge, Timeshare Lodge, or Exempt Timeshare exceeding the
thirty (30) percent limitation on Free-market Residential or large lodge/timeshare unit
space may be approved by the Planning and Zoning Commission, pursuant to the review
procedures for Special Review, Chapter 26.430, and the following criteria:
1. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external
amenities.
Ordinance No.9
Series of2005.
Page 6
2. Lodge/timeshare units are provided in excess of the minimum needed to achieve the
height and FAR incentives.
3. A limitation of the property or exists such that additional incentive is necessary to
develop guest accommodations. This criterion is not required, but may be considered.
4. The project provides a range of unit sizes and configurations to be attractive to a
broad segment of potential guests. Flexible units are encouraged.
5. There exists a system or strategy for the project to maximize 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. Free-Market residential units within this
zone district shall be permitted, but not required, to be used as short-term tourist
accommodations. The City of Aspen encourages high-occupancy lodging development in this
zone district.
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge
(CL) zone district:
I. Uses allowed in Basement and Ground Floors: Those uses allowed in Basement and
Ground Floors, respectively, within the Commercial Core Zone District. Uses and
facilities necessary and incidental to uses on Upper Floors. 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,
Free-Market Multi-Family Housing.
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 permitted within Lodge units. (See subsection section 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.
Ordinance NO.9 Page 7
Series of2005.
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:
Minimum lot size (square feet): No requirement.
Minimum lot area ver dwellinz unit (square feet!: No requirement.
Minimum lot width (feet!: No requirement.
Minimum front vard setback (feet): No requirement.
Minimum side vard setback (feet!: No requirement.
Minimum rear vardsethack (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 buildinzs on the lot (feet!: No requirement.
Pedestrian Amenitv Svace: Pursuant to Section 26.575.030.
Floor Area Ratio (FAR)
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of3:1.
I.
2.
3.
4.
5.
6.
~ 7.
8.
9.
10.
*
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: I: 1.
k' b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
~ c) Uses and facilities ancillary to a lodging operation (non-unit space): .5: I.
d) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
e) 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 are permitted, subject to
the following criteria:
I. The kitchen facilities within an individual unit shall be limited to ten (10) linear feet
and only intended to enhance the short-term occupancy of the lodging operation.
Larger kitchens in existence prior to the adoption of Ordinance No.9, Series of 2005,
shall be considered permitted.
2. Larger kitchens may be approved by the Planning and Zoning Commission in order to
enhance the short-term occupancy of the lodging operation if adequate assurance is
Ordinance No.9
Series of2005.
Page 8
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 be permitted, regardless of size. A kitchen within a
lodge shall not require special review. Kitchens within residential units (single-family,
duplex, or multi-family configuration) located in the district shall be permitted, 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:
1. 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,
11. 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 permitted within Lodge units. (See subsection section E).
Ordinance No.9
Series of2005.
Page 9
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 :
I. The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
D. Dimellsional 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 ill Lodge Units, Kitchens within individual lodge units are permitted, subject to
the following criteria:
I. The kitchen facilities within an individual unit shall be limited to ten (10) linear feet
and only intended to enhance the short-term occupancy of the lodging operation.
Larger kitchens in existence prior to the adoption of Ordinance No.9, Series of 2005,
shall be considered permitted.
2. Larger kitchens may be approved by the Planning and Zoning Commission in order to
enhance the short-term occupancy of the lodging operation if 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 be permitted, regardless of size. A kitchen within a
lodge shall not require special review. Kitchens within residential units (single-family,
duplex, or multi-family configuration) located in the district shall be permitted, regardless
of whether the residential unit is used as a permanent residence or is used for short-term
occupancIes.
Section 4:
Section 26.710.320, Lodge Preservation Overlay (LP) Zone District, which section regulates
development within the Lodge Preservation Overlay Zone District, shall read as follows:
Ordinance No.9
Series of2005.
Page 10
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.
B. Permitted uses. The following uses are permitted as of right in the LP Overlay zone
district:
]. 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,
] ]. 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.
1- 14. Kitchens are permitted within Timeshare Lodge units and Exempt Timeshare Lodge
"I units which have been approved pursuant to Section 26.590, Timeshare Development.
Kitchens may be permitted within Lodge units. (See subsection section 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:
] . The uses allowed as conditional uses in the underlying zone district.
2. Affordable housing intended for the general public.
3. Restaurant.
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.
Ordinance No.9
Series of2005.
Page 11
~
~
As part of the PUD Approval, a Lodge. Timeshare Lodge, or Exempt Timeshare project not
meeting either the "density standard" - one unit per 500 square feet of Lot Area - or the "unit-
size standard" - average of 500 square feet - may be approved for the Growth Management
incentives associated with these standards in consideration of the following criteria:
1. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
2. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
3. There exists a system or strategy for the project to maximize short-term occupancies.
t As part of the PUD Approval, the amount of associated free-market residential or large
-r lodge/timeshare unit space to be included in the project shall be established by considering the
following factors:
I. The amount of non-unit space, amenities, and services for guests of the lodging operation.
This can include both internal and external amenities.
2. The project's range of unit sizes and configurations which are attractive to a broad
segment of potential guests. Flexible units are encouraged.
3. The extent of lodge/timeshare units provided in excess of one lodge unit per 500 square
feet 0 f Lot Area.
4. The average size oflodging units.
5. Any limitations of the property or exists such that additional incentive is necessary to
develop guest accommodations. This criterion is not required, but may be considered.
6. Any system or strategy for the project to maximize short-term occupancies.
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.
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.
Ordinance No.9
Series of 2005.
Page 12
Section 5:
Section 26.104.100, 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
~ ~ ~;~~~~~~I~~~~::~E\~5r:l~~~?~:~xa;~I~;/~~:;~1~Ei~!::~E;~~~~:
regardless of the form of ownership. For Hotels with flexible unit configurations, also
known as "lock-off units," each rentable division, or "key", shall constitute a lodge unit
1.__1. .LL ~ for the purposes of this Title. Residential properties, and units thereon, located within
~D\1':1 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 (single-
family, duplex, and multi-family) 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.
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.
Ordinance No.9
Series of 2005.
Page 13
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. Klanderud, Mayor
Approved as to form:
City Attorney
c: Ihomelinfi IIILodginglLodging_ Ord.doc
Ordinance No.9
Series of2005.
Page 14
MEMORANDUM
VII' A
TO:
Mayor Helen Klanderud and Aspen City Council
RE:
Steve Barwick, City Manager
John Worcester, City Attorney
Ch,;, B,.d.., C"mm"";', D,"d.pm'.' D;re"m~
Fox Crossing Subdivision and GMQS Exemptions
2nd Reading of Ordinance No. 50, Series of 2004. (cont. from 2.28.05)
THRU:
FROM:
DATE:
March 14,2005
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 of 2004.
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:
Application Addendum: The packet includes additional information submitted by the
Applicant. Some of this information has been previously submitted and is merely
resubmitted for convenience. A letter from Stan Clauson, dated March 3, 2005,
summarizes and responds to the issues presented during the previous hearing.
Park and Trail - The Parks Department would rather not own the park and be
performing the maintenance, but rather have a maintenance agreement with the
Homeowners Association. That being said, the Parks Department will accept ownership
and maintenance of the park if that is the direction Council takes on this project. Section
#7 of the Ordinance provides two options on this point - one for private ownership and
the second for public ownership.
- Fox Crossing Staff Report Page 1 -
The Parks Department and the City Attorney suggested the Hunter Valley Way parcel be
deeded to the City. The Ordinance has been amended to reflect this. Staff amended the
Aley park improvement to a monetary contribution of $100,000 due at the time of filing.
This money would then be transferred to the Parks Department. Staff included potential
improvements to the Hunter Creek Bus Stop parcel within the limits of how this money
can be used. This will allow the City to improve this land if an agreement is arrived upon
with the Hunter Creek Condominiums.
Hunter Creek Bus Stop Area - Council raised the possibility of improvements to land
owned by Hunter Creek Condominiums. The Applicant has researched this issue with the
Hunter Creek Homeowners Association and several steps would be necessary to
implement this request, including possible subdivision of this area of land from the
Hunter Creek parcel. Determining a plan for this land will take time and negotiations
with multiple parties. Staff does not suggest this project include a final plan for this land.
StafJ is suggesting that the Aley Park contribution be broadened to permit improvement
on this land if agreements are achieved.
County Parcel - City Council requested staff obtain a determination from the County
Planning staff as to the developability of the Hunter Valley Way parcel and potential
TDRs which could be transferred from the parcel. The County staff is not inclined to
speculate on the developability or TDRs which could be transferred, but did review and
agree with the following analysis provided by City staff:
The Hunter Valley Way parcel does have legal access. The access was granted through a
parcel owned by Camilla Auger. Development on the parcel is subject to the County's
1041 regulations. It is likely that a driveway would be denied for 1041 approval. The
parcel does contain significant areas of less than 30% slope. A building envelope could
potentially be located in conformance with 1041 criteria. If either of these item fails to
gain 1041 approval, a "takings" hearing determines if the developer is allowed to proceed
or if the County must pay compensation to the developer for the loss in value represented
by a 1041 denial.
It is unknown whether the County would allow a development to proceed or if the County
would choose to maintain the denial and compensate the developer. However, there have
been a few recent cases with very similar circumstances and located in the same general
vicinity. The County has permitted development to proceed on these other parcels.
The parcel has one development right and is located in the County's AFR-10 Zone
District. The parcel is slightly below the 10-acre minimum for this zone but this does not
interfere with the development right. One house of up to 5,750 square feet is permitted
with the ability, via Special Review approval, to increase the house size through
extinguishment of Pitkin County TDRs. Landing TDRs in the County requires a review
for impacts and it is difficult to determine if landing TDRs would be permitted on this
site. This property was not affected by recent zoning changes to the Smuggler Mountain
area.
- Fox Crossing Staff Report Page 2 -
The County has recently adopted code amendments to permit the transfer of development
rights from "constrained parcels." This parcel might be eligible as a constrained parcel.
The number of TDRs granted is based on an equitable valuation of each application and it
is not possible to determine the number of TDRs the County would grant for this parcel
without a complete application and review by the Board of County Commissioners.
Increase in Development Rights through County Parcel Preservation. Three
development rights are being requested in exchange for preservation of the Hunter Valley
Way parcel. One development right creates Griffith Lot #3. As a result, the Griffith
parcels go from allowing a total a three residences to a total of six residences and a total
of 3,300 square feet of additional Floor Area can be developed.
The remaining two development rights are to be landed on proposed Fox Crossing Lots 8
and 9. Through Lot Split approvals each of these lots could be created although the
resulting Floor Area for each would be less. With only lot split approval, a house of
approximately 2,280 square feet could be developed on each parcel whereas the
additional development rights result in Floor Areas of approximately 3,350 square feet on
each parcel. Total for the two lots is an increase by 2,140 square feet of Floor Area.
The total Floor Area increase for the three development rights is 5,440 square feet.
Accessory Dwelling Units: The Ordinance has been amendment to prohibit ADUs in this
subdivision.
Construction Parking on Walnut Street: The ordinance has been amended to prohibit
contractor parking along this street.
Extra On-Site Parking Spaces: The Applicant has offered an additional six parking
spaces to be developed on-site - one lots which are large enough to accommodate
additional parking. The ordinance has been amended to reflect this obligation.
Spruce Street. Right-of-Way Improvements - Council raised questions regarding
improvements to Spruce Street. The Traffic Safety Advisory Committee suggested
pedestrian improvements along Spruce Street be implemented by the Applicant. The'
Applicant has also suggested additional parking along this street to mitigate parking
lssues.
The design ofright-of-way improvements for this street will need to go through a process
involving the neighborhood. The improvements themselves could take a variety of
shapes including converting existing head-in parking to parallel, implanting sidewalk on
one or both sides of the street, a street tree concept, speed humps, or any other
combination of improvements. If Council wants to initiate this process, staff suggests
that the Applicant's obligation for a sidewalk and parking become a monetary obligation
of this larger project and that City staff be directed to initiate this design process and
- Fox Crossing Staff Report Page 3-
neighborhood involvement. This project would be a work program item for Either Asset
Management or the City Engineer and could be brought forward as part of next year's
budget.
Race Alley and Street - Staff met with the City Engineer and the Fire Marshal. An
acceptable width for Race Alley is 30 feet if two-way traffic is to be maintained. The
existing 20-foot width is only acceptable if the street becomes one-way. Both the City
Engineer and the Fire Marshal recommend the direction of travel be northbound. This
will cause fewer conflicts with the existing street network. In addition, the Fire Marshal
feels that a southbound plan could bottleneck emergency vehicles during an event.
The City Engineer suggests allowing parking along both sides of Race Street (the
northernmost portion). A 36-foot curb-to-curb dimension is recommended to permit the
two parallel parking areas and one lane of travel. The Applicant's attached letter
diagrams two street sections with 30-foot rights-of-way. An absolute minimum
acceptable dimension is 34 feet to permit one lane of travel at 18 feet and two parking
areas of 8 feet each. In this scenario, the 6-foot sidewalk will need to be entirely on Lot
#1.
The recommendation from the Traffic Safety Advisory Committee included a sidewalk
along Spruce Street on at least one side. The Ordinance includes this requirement with
the City initiating a design process for improvements along Spruce Street and the
Applicant being responsible for financially sharing in the improvements commensurate
with the cost of developing a sidewalk along one side of the street.
PROJECT SUMMARY:
The applicant, Walnut Properties, LLC, is proposing subdivision and lot line adjustments
to seven existing parcels of land located between Lone Pine Road and Race Alley and on
both sides of Race Street.
Please refer to Exhibit B for existing parcel terminology, Exhibit C for development
rights summary, Exhibit D for the proposed lots and Exhibit E for an illustrative
development plan.
The existinl!: property consists of:
. the Griffith Lot Split parcels - a two-lot subdivision permitting three residences,
. the Bennis Property which is a duplex lot; and,
. the Walnut Properties which are four legal properties each with the ability to
develop a duplex or two single-family residences, described as follows:
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
- Fox Crossing Staff Report Page 4 -
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 of the 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. This lot split accounts for proposed FC Lot #1
(duplex lot) and proposed FC Lot #3 (single-family lot).
The land currently housing the abandoned house, the two cabins, and the newer (l960s)
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.
The Old House Plus North Cabin parcel is proposed for a Lot Split. This will create FC
Lots #4 and #5. Each lot will contain a single-family residence. Rehabilitation of the
historic, abandoned house is slated for FC Lot #5 and a development plan has been
granted Conceptual approval by the HPC. 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 South Cabin plus New House parcel is proposed for a Lot Split. This will create FC
Lots #6 and #7. Each lot will contain a single-family residence. FC Lot #6 is proposed
for a single-family residence incorporating the two cabins. The two cabins are to be
- Fox Crossing Staff Report Page 5 -
preserved as historically designated resources and HPC has granted a Conceptual
approval for the redevelopment.
The remaining portion of the South Cabin plus New House parcel is proposed as a park.
No development right is needed for this lot as it will not be a development parcel.
The Garage parcel currently contains a garage and permits a single-family, a duplex, or
two single-family residences. The parcel is described as FC Lot #2 in the proposal and
will continue to permit a single-family, a duplex, or two single-family residences. Some
minor adjustments to the lot lines are necessary to accommodate a better turning radius
from Race Alley to Race Street.
MAIN ISSUES:
Emergency Access and Road Safety: A standard of subdivision review requires the City
to find that there is adequate infrastructure to serve the development. As part of the
standard development review process, staff has asked the referral agencies to comment
on: I) the ability of the existing street network (with no changes) to accommodate this
development; and, 2) the changes that would be necessary if the existing network is not
able to accommodate the development.
The City Engineer and the Fire Marshall initially responded by stating that the existing
road network is inadequate as it exists today. Race Alley is a 12-foot-wide two-way
street within a 20-foot wide right-of-way. The options to cure the inadequacy were
described as either widen Race Alley (meaning property acquisition of 5 feet on both
sides to provide a 30-foot right-of-way) or designate the existing Race Alley and Race
Street as one-way.
The City's Traffic Safety Advisory Committee was convened to further discuss this
project and a few minor amendments. The Committee is comprised of representatives
from the following agencies: Fire Department, City Engineering, Community
Development Engineering, Police Department, Parking Department, and the
Transportation Department. Representatives of the Water Department were also present
to ensure a sufficient utility easement along the Walnut extension.
The Committee discussed three items: 1) Bollards within the right-of-way; 2) the revised
Walnut Street extension and connection with Lone Pine; and, 3) the adequacy of Race
Alley and Street.
The Committee did not support any bollards or other means of hindering movement
within the road system. The Committee believes the extension of Walnut Street has been
adequately designed. (This is an amendment to the application and provides a connection
from Walnut to Lone Pine as shown in Exhibit D.) The committee stated that the current
dimensions of Race Alley are inadequate and provided two options: I) widen the right-of-
way, along the full extent of Race Alley, to 30 feet; or 2) designate vehicular flow along
- Fox Crossing Staff Report Page 6 -
-~~,_..._-_..~
Race Alley and Street as one-way with installation of a sidewalk along at least one side of
Spruce Street for better pedestrian access.
Staff does not believe widening Race Alley is an ideal solution. This could cause undue
hardship on several property owners as structures and other improvements would be
affected. Staff has included the 'one-way with sidewalk' recommendation in the
proposed Ordinance. P&Z supported this recommendation as it related to the adequacy of
infrastructure subdivision standard. P&Z did not offer any additional "character-based"
opinions concerning the directional traffic flow of Race Alley.
Several neighbors have suggested that the Applicant pursue an extension of Race Street to
connect with Lone Pine. This would create a 'T" intersection with Race Alley and would
likely eliminate the proposed park parcel. Staff has not analyzed this as it is not being
proposed by the Applicant and it does not appear to be a requirement of the Traffic
Committee. If this changes, staff will research this potential.
The adequacv of Race Street should be addressed, regardless of the outcome of the Fox
Crossing application. The Fire Marshal has stated his safety concerns and the Traffic
Advisory group has provided a recommendation. If the Fox Crossing application is not
approved, a total of eight new residences could be developed along Race Alley by right.
Considering the potential for Lot Splits, the street could experience up to eleven new
residences. The Fox Crossing application proposes nine residences to be accessed from
Race Alley.
Historic TDRs. The Applicant has proposed that unbuilt FAR be severed from the
historic resources and transferred to non-historic residences to be developed within the
subdivision. Griffith Lots #1, #2, and #3 and Fox Crossing Lots #1, #2, and #10 are
designated to receive up to two TDRs per residence. These lots are not adjacent to the
historic resources and are recommended to receiving the Floor Area increases.
Staff supports the request. The HPC, during Conceptual review for development of the
historic resources, supported this Floor Area shift and P&Z also recommended approval.
Open Space & GMQS Exemptions, The application requests three (3) development
rights in exchange for the preservation of a parcel known as the "Hunter Valley Way"
parcel. The City's Open Space Acquisition Board and several other land preservation
organizations support the preservation of this parcel as it represents a vital connection
along the Hunter Creek Trail and is within close visual proximity to town. Attachment #3
of the application maps this Hunter Valley Way parcel.
One development right is proposed for the Griffith Subdivision and will effectively allow
for up to six residences where up to three could be developed without the additional
development right. The Griffith Lot Split, approved about two years ago, created a
single-family lot and a duplex lot. The City's lot split provisions limit lot split properties
to three total residences and requires full subdivision approval to further divide the
- Fox Crossing Staff Report Page 7 -
property. By dividing the Griffith duplex lot into two fee simple properties, each permits
a single-family or a duplex and none of the lots are limited by the three residences
maximum. The Applicant has indicated that these lots would likely be developed as
single-family residences, not duplexes.
The remaining two development rights are to be landed on proposed Fox Crossing Lots 8
and 9. Through Lot Split approvals each of these lots could be created although the
resulting Floor Area for each would be less. With lot split approval a house of
approximately 2,280 square feet could be developed on each parcel whereas the
additional development rights result in Floor Areas of approximately 3,350 square feet.
Staff supports the request for three development rights. The open space parcel proposed
for preservation is highly recommended for acquisition by the City's Open Space Board
as well as other land preservation organizations. The additional development represents a
manageable increase in the amount of impacts associated with development. The
resulting development on the Griffith Lots (the most visible from Lone Pine Road) will
be approximately 3,300 square feet more than would otherwise be allowed. While this
represents additional impacts, staff believes the trade-off is reasonable. Staff is
recommending approval of the three development rights in exchange for the preservation
of Hunter Valley Way.
Construction Staging and Construction Impacts: Typical of infill development, the
project is within an existing neighborhood and the process of development should be
well-planned. Several neighbors of the project have contacted staff with this specific
concern. Staff has suggested that the applicant determine a construction plan specifying
access points and staging area(s). Staff believes one of the lots should be specified as a
project staging area. Staff also believes that construction access on Race Alley could be
problematic and that Lone Pine Road may be better able to accommodate contractor
parking and a principal construction access point (at least for lots on the west side of the
development).
A construction management plan should address development issues such as haul routes
and dust suppression, as well as provide neighbors with an on-site contact for day-to-day
issues. This has been done on other big projects (Obermeyer, Grand Hyatt. Residences)
where the proximity of existing development dictates such a plan.
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
- Fox Crossing Staff Report Page 8-
exchange for the preservation of the Hunter Valley Way parcel. Final Review
Authoritv: Citv 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: City Council
STAFF SUMMARY AND RECOMMENDATION:
Statfrecommends adoption of Ordinance No. 50, Series of2004.
CITY MANAGER'S COMMENTS:
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 9 -
ORDINANCE NO. 50
(SERIES OF 2004)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
THREE GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTIONS,
V ACA TION OF A PORTION OF RACE STREET, 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.
ParcelID:
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 Parce1- 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 # 1 0
Ordinance No. 50,
Series of 2004.
Lot size = 10,331 sf
Lot size = 7,510 sf
Lot size = 6,010sf
Lot size = 6,0 I 0 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
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 = 10,000 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 space/park 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.
Six (6) of the Lots shall be required to provide one additional parking space than
otherwise required pursuant to the City's Land Use Code (minimum plus one spaces).
These lot shall be specified in the Subdivision Improvement Agreement. All other lots
shall be required to meet the minimum parking requirement.
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 Crossing/Griffith 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. Title to the Hunter Valley Way property shall be conveyed to the City of Aspen
upon filing of the Subdivision Plat.
3. The City of Aspen shall implement a legal encumbrance to sterilize the Hunter
Valley Way parcel and preclude development, other than that associated with the
Ordinance No. 50,
Series of 2004.
Page 3
maintenance of open space and trails and the development of new trails, from
occurring on the property in perpetuity.
4. The City of Aspen shall convey an open space easement on the parcel to the
Aspen Valley Land Trust or similar third party.
5. The three (3) additional residential units within the Griffith/Fox Crossing
Subdivision shall be required to provide affordable housing mitigation, pursuant
to the requirements of Section 26.4 70.070.B.
6. The Hunter Valley Way parcel shall be sterilized to prevent development upon the
parcel and as a result of the parcel, other than that specified herein. If Pitkin
County issues transferable development rights for the sterilization of this parcel,
the City of Aspen development rights issued pursuant to this Ordinance shall be
considered null and void.
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
atlordable housing mitigation, pursuant to section 26.470.070.B: Griffith Lots 2, and 3;
Fox Crossing Lots I, 2, 3, 4, 7, 8, 9, and 10. No lots within the Griffith/Fox Crossing
Subdivision shall be permitted to provide affordable housing mitigation in the form of
Accessory Dwelling Units.
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 floor 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.
Ordinance No. 50,
Series of 2004.
Page 4
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 II 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:
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.
I. 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.
Ordinance No. 50,
Series of 2004.
Page 5
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.
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.
II. 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 provide the City of Aspen
Parks Department with a monetary contribution of $100,000 for improvements to Aley
Park (located at the southwest corner of Spruce Street and Williams Way). This shall be
payable upon filing of the Subdivision Improvement Agreement. The Parks Department
shall be authorized to use these funds for improvements to Aley Park or improvements to
land owned by Hunter Creek Condominiums along Lone Pine Road (the Hunter Creek
Bus Stop land).
Option#L- PrivateJ)wnership 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. The Subdivision
Agreement shall also include an agreement specifying ownership, use, boundaries,
Ordinance No. 50,
Series of 2004.
Page 6
and maintenance responsibilities for the Park Parcel and trail. Maintenance of the
park and trail shall be at the cost of the homeowners association.
Option#2-CityOwnership The Fox Crossing Park Parcel shall be conveyed to
the City of Aspen upon filing of the Subdivision Plat. A public access easement
shall be provided across the entirety of 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. The Subdivision Agreement
shall also include an agreement specifYing ownership, use, boundaries, and
maintenance responsibilities for the trail. Maintenance of the trail shall be at the
cost of the homeowners association.
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 site/utility 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, Race Alley, and Walnut Street 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.
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: Hazardous Soils: This area is within the Smuggler superfund site, which
means additional permits and institutional controls are required for any work done on the
Ordinance No. 50,
Series of 2004.
Page 7
site. (See requirements outlined III the City Code.) City Environmental Health
Department - 920.5039.
Section 11: Streets
Race Alley/Race 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 36-foot curb-to-curb dimension and parking
along both sides of the street. A six-foot-wide sidewalk shall be provided adjacent to the
northern section of Race Street on Fox Crossing Lot #1, connecting the park trail to
Spruce Street. Sidewalk connections and parking within the rights-ot~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 of this
right-of-way shall be undertaken by the City of Aspen and the costs of implementing a
sidewalk along one side of Spruce Street shall be bourn by the Applicant and added to the
subdivision improvements agreement and held in escrow by the City of Aspen for
implementation of a sidewalk or other enhancements to Spruce Street.
Walnut Street (the public right-ot~way portion) shall maintain a twenty-one foot wide
clearance with no parking. In the alternative, parking may be permitted if the 2l-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.
Section 12: Subdivision and Vacation Plat
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision and Vacation Plat which shall comply
with current requirements of the City Community Development Engineer and shall include:
1. 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. A building envelope on Fox Crossing Lot #3 restricting development along the
northwest portion of the lot.
3. Reference to the public easement across the Park Parcel and Pedestrian Trail.
4. 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.
Ordinance No. 50,
Series of 2004.g
Page 8
5. Design specifications and profiles for improvements to the public rights-of~way
including geometries and turning radii.
6. 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.
7. 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.
8. 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. Otl~site
improvements shall be done in coordination with the City Engineer.
9. 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 Al!: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:
1. The agreement shall state the ownership and maintenance responsibilities of the
common areas of the project, including common driveways and drainage
improvements.
2. The Public Facilities Guarantee shall also include the costs of implementing a
sidewalk along one side of Spruce Street and shall be used for improvements to
Spruce Street as determined appropriate by the City of Aspen.
3. 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.
4. A Construction Management Plan, as specified in Section 8.
5. 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.
Ordinance No. 50,
Series of 2004.
Page 9
Section 14: Fire Department Requirements
Sprinkler and fire alarms are required throughout all of the buildings. The person that
designs the sprinkler and alarm 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: Buildin2 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 removal/mitigation 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 1 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.
8. If the disturbance area of a 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:
1. All tap fees, impacts fees, and building permit fees shall be paid for the particular
phase.
Ordinance No. 50,
Series of 2004.
Page 10
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 Ril!:hts
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.
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
Ordinance No. 50,
Series of 2004.
Page 11
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 was held on the 24th 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 was 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.
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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MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
FROM:
John Worcester, City Attorney
Chris Bendon, Community Development Director ~Vv]
Neighborhood Commercial (NC) Zone District Code Amendment
Second Reading of Ordinance No.12, Series of 2005
THRU:
RE:
DATE:
March 14,2005
SUMMARY:
This proposed ordinance updates the Neighborhood Commercial Zone District. The
NC changes provide an updated list of permitted and conditional commercial uses and
allows for residential and lodging uses on upper floors. The new use descriptions
more closely relate to current businesses. A criticism of the current NC zoning is its
antiquated list of uses.
The commercial FAR remains the same, 1:1, while an additional .5:1 of FAR has
been proposed to provide for residential (both free-market and affordable), lodging,
civic, and public uses. Staff believes this additional FAR will encourage a mix of
uses without increasing the amount of commercial square footage currently permitted.
The NC Zone encompasses the land surrounding Clark's Market and parking lot, the
former KSNO building located just south of Clark's Market, City Market, the Durant
Mall Building, and the Frias Properties Building. Also, approximately 2,700 square
feet of Obermeyer Place is designated NC. Each of these properties is designated
with either a PUD Overlay or an SPA Overlay, which controls the dimensions of the
development.
The proposed zoning does not permit residential or lodging uses on the ground floor
although these uses may be approved on the ground floor as a conditional use. This
has been included to maintain a commercial presence on the pedestrian level while
providing flexibility to consider special circumstances.
The changes reflect City Council's direction to staff from various work sessions on
commercial development. Staff recommends adoption of Ordinance No. 12,
Series of 2005.
1
MAPS OF NC ZONE DISTRICT:
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CITYMANAGER'SC~S~ ~
RECOMMENDED MOTION:
"I move to approve Ordinance No. 12, Series of2005."
ATTACHMENTS:
A - Review Criteria
B ~ Council Work Session Summary
2
ORDINANCE NO. 12
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AMENDMENTS TO SECTION 26.710,170-
NEIGHBORHOOD COMMERCIAL (NC) ZONE DISTRICT - OF THE CITY OF
ASPEN MUNICIPAL CODE.
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 ofthe 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.
Ordinance No. 12,
Series of 2005
1
. 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 Section of the Land
Use Code, Title 26 ofthe Aspen Municipal Code:
26.710.170 - Neighborhood Commercial (NC) 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 and 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 26.710.170, Neighborhood Commercial (NC) Zone District, which
section regulates development within the Neighborhood Commercial Zone
District, shall read as follows:
Ordinance No. 12,
Series of 2005
2
26.710.170 Neighborhood Commercial (NC).
A, Purpose. The purpose of the Neighborhood Commercial (NC) zone district is to
provide for the establishment of mixed-use buildings with commercial uses serving the
daily or frequent needs of the surrounding neighborhood, thereby reducing traffic
circulation and parking problems, to provide opportunities for affordable and free-market
residential density, and to provide a transition between the commercial core and
surrounding residential neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the Neighborhood
Commercial (NC) zone district:
1. Uses allowed on Upper Floors: Lodging, Affordable Multi-Family Housing, Free-
Market Multi-Family Housing, home occupations.
2. Uses allowed on all building levels: Retail and Restaurant Uses, Neighborhood
Commercial Uses, Service Uses, Office Uses, Arts, Cultural and Civic Uses,
Public Uses, Recreational Uses, Academic Uses, child care center, bed and
breakfast, accessory uses and structures, uses and building elements necessary
and incidental to uses on other floors including parking accessory to a permitted
llse, storage accessory to a permitted use, farmers market provided a vending
agreement is obtained pursuant to Section 15.04.350(B).
C. Conditional uses. The following uses are permitted as conditional uses in the
Neighborhood Commercial (NC) zone district, subject to the standards and procedures
established in Chapter 26.425:
I. Lodging, Affordable Multi-Family Housing, Free-Market Multi-Family Housing,
or home occupations on the Ground Floor.
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 Neighborhood Commercial (NC) zone district:
I. Minimum lot size (square feet!: No requirement.
2. Minimum lot area per dwellinf!: unit (square feet!: No requirement.
3. Minimum lot width (feet!: No requirement.
4. Minimum front yard sethack (feet): 5.
5. Minimum side yard setback (feet): 5.
6. Minimum rear yard setback (feet!: 5. Plus, a trash/utility service area shall be
required, pursuant to Section 26.575.060.
7. Maximum heif!:ht: 32 feet.
8. Minimum distance hetween huildinf!:s on the lot (feet!: No requirement.
9. Pedestrian Amenitv Space: Pursuant to Section 26.575.030.
Ordinance No. 12,
Series of 2005
3
10. Floor Area Ratio (FAR):
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 1.5:1.
al Commercial Uses: 1:1.
b) Lodging, Arts Cultural and Civic Uses, Public Uses, Recreational Uses,
Academic Uses, child care center, and similar uses: I: I.
c) Affordable Multi-Family Housing: .5:1.
d) Free-Market Multi-Family Housing: .5: 1.
Section 2:
This Ordinance shall not affect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the
ordinances repealed or amended as herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 4:
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 5:
A public hearing on the Ordinance shall be held on the 14th day of March, 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.
[Signatures on following page]
Ordinance No. 12,
Series of 2005
4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of February, 2005.
Attest:
Kathryn S, Koch, City Clerk
Helen K. Klanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
,2004.
Attest:
Kathryn S. Koch, City Clerk
Helen K. Klanderud, Mayor
Approved as to form:
City Attorney
C:\home\infill\NC Zone\NC Ordinance.doc
Ordinance No. 12,
Series of 2005
5
Exhibit A
NC 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 NC 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 NC 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. The two areas where this zone is
used are appropriate places for mixed-use development and the proposed purpose of the
zone will help guide future designation of where this zone should be used. 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 NC zone. The zones boundaries are
not being altered, only the allowances within the zone district and the types of uses and
intensities allowed on these parcels. These areas oftown 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 - NC Zone. page 1
Staff Finding:
The proposed changes encourage redevelopment and capital investment in commercial
and mixed-use buildings within the NC 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 safely 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 - NC 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 and
local-serving commercial uses 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. Local-serving
commercial business opportunities will aid the local economy and is consistent with the
public interest.
staff comments - NC Zone. 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
Summarv
City Council discussed Lodging (a revisit of previous direction) the MU zone, NC zone, and the
SCI zone. This work session was a continuation of previous commercial work sessions.
sl
Items Resolved AUf!ust 31 :
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 rednced 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.
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 ofthe 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 credit for 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 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 in fin 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 C I and Lodge districts, a 42-foot height for flat roofs and
38 feet for midpoint of pitched roofs will apply.
CC and C1 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 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 ifthey 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 I :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 C I zone with a reduced FAR schedule - 80% R6 was discussed.
3
VI""
MEMORANDUM
THRU:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director~
James Lindt, Planner ~
TO:
FROM:
RE:
MISCELLANEOUS LAND USE CODE AMENDMENTS; 2ND READING OF
ORDINANCE No. 13, SERIES OF 2005- PUBLIC HEARING
DATE:
March 14,2005
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 Authoritv: City
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 1
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 to be considered 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.
During 1" reading of the proposed ordinance, Councilwoman Richards questioned
whether language could be added to the storage definition allowing mechanical
equipment to be co-located with storage area. In response to this request, Staff
added proposed language to the definition making it clear that mechanical
equipment may be located in storage area, but the floor area on which the
mechanical equipment is sited shall not be recognized as 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. Mechanical equipment may be located in conjunction
with storage space, but the floor area on which the mechanical equipment exists
shall not be considered storage area,
LAND USE CODE AMENDMENTS STAFF REpORT
PAGE 2
SECTION 3 - PROJECTION OF INDIVIDUAL BALCONIES INTO REQUIRED 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
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
u to a maximum of four 4 feet into the setback.
At 1st reading of the proposed ordinance, Mayor Klanderud and Councilwoman
Richards requested that Staff supply examples of situations where this regulation
would be applied and whether it would provide a greater allowance for balconies in
the required setbacks than the current language. This standard is primarily
applied to residential properties and the proposed language will not allow for
balconies to extend into the required setback any further than they are allotted
under the existing language.
Under the existing language, the exterior wall of a building can be built on the
setback line and the balcony can extend 1/3 of the distance from the wall to the
property line in the setback. In applying the proposed language, a balcony would
still be allowed to project 1/3 of the distance from the setback line to the property
line, up to a maximum of four (4) feet. Mayor Klanderud also questioned whether
this standard allowed the balconies on the Southpoint Condominiums to project into
their side yard setback as far as they do. In investigating this question, Staff found
that the balconies of the Southpoint Condominiums extend within one foot of the
property line and were not allowed by this code requirement.
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
LAND USE CODE AMENDMENTS STAFF REPORT
PAGE 3
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): Stall
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.
Staff s 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
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 Staff s 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 26.590.070(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 As en City Council. Analysis of the Fiscal 1m act Study shall com are existin
LAND USE CODE AMENDMENTS STAFF REPORT
PAGE 4
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 a licant and the As en 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 and minutes are attached
as Exhibit "8".
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: ~ G~ ~~ ) ~ ~-12..,
~;t; rA~_
RECOMMENDED MOTION:
"I move to approve Ordinance No. 13, Series of 2005, approvmg 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 and Minutes
LAND USE CODE AMENDMENTS STAFF REPORT
PAGE 5
ORDINANCE NO. 13
(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. 13, 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. Mechanical equipment may be located in
conjunction with storage space, but the floor area on which mechanical equipment
exists shall not be considered storage area.
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 MilIgatlon, 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 14tl1 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. 31 O. 040 - Standards tor Review of an Amendment to the Text otTilie 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 DOES IT COMPLY? 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 DOES IT COMPLY? 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 NI 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? N/A
Staff finds that the proposed amendments will not result in demands on public
facilities or exceed ca acit of an ublic facilities.
F. Whether and the extent to which the proposed amendment would result III
significantly adverse impacts on the natural environment.
STAFF FINDING: DOES IT COMPLY? YES
Staff does not believe that there will be any negative impacts to the natural
environment as a result of the ro osed 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, simplv, in need of clarification.
1. 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.
~xi110,'f \\j?/(
RESOLUTION NO, 7
(SERIES OF 2005)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING CITY COUNCIL APPROVE
AMENJ;>MENTS TO THE FOLLOWING CHAPTERS AND SECTIONS OF THE
CITYDF 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 1, 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 de[mition of "Exterior Passageway" be added to Land Use Code Section
26.1 04.1 00, Definitions:
Exterior Passageway. An unenclosed deck on the second floor or abDve 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 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:
Attorney
)., . ~~
~.j
Jasmine Tygre, Chair
D
ATTEST:
ASPEN PLANNING & ZONING COMMISSION-Minutes-Februarv 01, 2005
the same shall be conducted and concluded under such prior ordinances. Section 4: If any section,
subsection. sentence, clause, phrase, or portion of this resolution is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and shall not affect the validity of the remaining portions thereof Ruth Kruger
seconded. Roll call vote: Speck, yes; Kruger, yes; Marion, yes; Skadron, yes; Johns,
yes; Tygre, yes; all infavor, Approved 6-0.
PUBLIC HEARING:
MISCELLANEOUS CODE AMENDMENTS
Jasmine Tygre opened the public hearing on the miscellaneous code amendments.
James Lindt provided the public notice.
Lindt stated the first code amendment was to provide a definition for an exterior
passageway. The suggested definition: Exterior Passageway, An unenclosed deck
on the secondfloor 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.
Lindt said the second code amendment was the definition of 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
definedfor storage purposes shall not contain plumbingfixtures or mechanical
equipment that support the principal residential, commercial, or lodging use of the
property.
Lindt said the next amendment speaks to balconies and the current language was not
all that clear so it was amended to read 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.
Lindt explained that Land Use Code Section 26.710.220(B), was to 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 through
Special Events Committee Revie. The commission removed language that allowed
the Ski Company a carte blanche for permanent installations or regular use.
Allgaier stated the special events committee could regulate the hours of operation
for special events.
6
ASPEN PLANNING & ZONING COMMISSION-MiDuies-February 01, 2005
Lindt said the next amendment was to 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 P UD Agreement for the project that
is entered into between the applicant and the Aspen City Council.
MOTION: Ruth Kruger moved to approve Resolution #7, Series 2005,
recommending City Council approve the miscellaneous amendments to the Land
Use Code with the proposed changes; seconded by Brian Speck. Roll call vote:
Speck. yes; Kruger, yes; Marion, yes; Johns, Skadron, yes; Tygre. yes. All infavor,
motion approved 6-0.
Adjourned.
Transcribed by Jackie Lothian, Deputy City Clerk
7
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.
::M:e:D:I..ora.n.d~
Tile OilY olllslen
CiIY 1IlIDmer's llIIiee
TO:
Mayor and Members of Council
FROM:
John p, Worcester
DATE:
March 14, 2005
RE:
Ordinance No, 14, Series of 2005 - An Ordinance Proposing an Amendment
to the Aspen City Charter - Jurisdiction of the Aspen Municipal Court -
Second Reading and Public Hearing
Attached for your consideration and review is a proposed ordinance that, if approved, would
amend the Aspen City Charter by clarifying the language of the 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 C.R.C.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 all civil actions traditionally filed in the
Colorado District Courts. Requiring litigants to initiate their civil causes of action 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 criminal causes arising under the ordinances of the city and as may be
conferred by law. 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.
I have slightly amended the language ofthe proposed ordinance from first reading. Initially, the
proposed ordinance only excluded municipal court jurisdiction for Rule 106(a)(4) cases
(traditionally used to obtain judicial review ofland use decisions by City Council.) Since first
reading, it has been brought to my attention that other civil causes of action could potentially be
filed in conjunction with Rule 1 06(a)( 4) cases. For example, declaratory relief actions involving
facial challenges to ordinances, etc. For the same reasons set forth above, those types of civil
cases should properly be originated in the state District Courts and not the City's Municipal
Court. Accordingly, the proposed amendment grant exclusive jurisdiction to the Aspen
Municipal Court only in criminal matters.
If you have any questions regarding this proposed ordinance, please feel free to contact me.
cc: City Manager
J PW ~ saved: 2/22/2005-455-G:~ohn\word\memos\charter-amend.2005.doc
ORDINANCE NO.
(Series of 2005)
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 ofthe 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 the Colorado Rules of Civil Procedure or state statutes granting jurisdiction to the
Colorado District Courts to file civil actions in the Aspen Municipal Court; 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 1.
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 criminal causes arising under the ordinances of the city and as may be
conferred by law. 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 f1lled 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.
Section 4.
2
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
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4
\~CL
.
:M:e:J:ll1.oran.d.... .......
IIIe C1IUf hll8ll
OIly 1IIIDmer's 811lee
TO:
Mayor and Members of Council
FROM:
John p, Worcester
DATE:
March 14, 2005
RE:
Resolutions No.9-and JfL, Series of 2005 - Resolution fIXing ballot titles
for citizen initiated ordinances
On February 28, 2005, City Council received a report from the City Clerk indicating that she had
determined that two citizen initiated petitions contained sufficient signatures. Council
determined not to adopt the proposed ordinances as its own and referred the two ordinances to
the electors of the City of Aspen at the municipal election to be held on May 3, 2005. Section 31-
11-111 C.R.S. requires the City Council to fix the ballot titles for these two initiated measures.
The attached resolutions propose the ballot titles for these two initiated ordinances. The summary
contained within the ballot language was prepared by the City Clerk as part of her duties in
preparing the petition forms that were circulated by the petitioning committee. The summary
appeared on all of the petitions that were circulated.
If you have any questions regarding the above, please let me know.
cc: City Manager
J PW - saved: 3/3/2005-181-G:\john\word\memos\ballot-2005-titles-citizens.doc
RESOLUTION NO. ~
(Series of 2005)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
FIXING THE BALLOT TITLE FOR A CERTAIN CITIZEN INITIATED ORDINANCE
COMMONLY REFERRED TO AS THE "CITIZEN ANNEXATION ORDINANCE."
WHEREAS, an initiated petition for a proposed ordinance, commonly referred to as
the" Citizen Annexation Ordinance," has been turned into the City Clerk, the summary of
which reads as follows:
The City shall not enter into or perform a pre-annexation or annexation agreement
or adopt an annexation ordinance that waives any land use requirements or
assures the development outcome for the land proposed for annexation, or which
waives or assumes the costs of the landowner for development impact mitigation
or for annexation or land use reviews, or which waives the rights of its citizens to
seek enforcement of land use violations, or which provides the City shall defend
any such enforcement actions.
and;
WHEREAS, the City Clerk of the City of Aspen has determined that said initiative
petition is sufficient within the meaning of Article 5 of the Aspen City Charter; and
WHEREAS, the City Council adopted Resolution No.7, Series of 2005, referring
the Citizen Annexation Ordinance to the registered electors of the City of Aspen at the
municipal election to be held on May 3,2005; and
WHEREAS, section 31-11-111, c.R.S. requires the City Council to fix the ballot
title for all initiative elections.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
That the ballot title for the Citizen Annexation Ordinance shall read as follows:
CITIZEN INTITATED ORDINANCE - ANNEXATION
Shall Ordinance No. I$'", Series of 2005, be approved? The summary of this proposed
ordinance reads as follows:
The City shall not enter into or perform a pre-annexation or annexation agreement
or adopt an annexation ordinance that waives any land use requirements or
assures the development outcome for the land proposed for annexation, or which
waives or assumes the costs of the landowner for development impact mitigation
or for annexation or land use reviews, or which waives the rights of its citizens to
seek enforcement of land use violations, or which provides the City shall defend
any such enforcement actions.
Yes
No
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
JPW - saved: 3/3/2005-450-G:~ohn\word\resos\ba]]ot05-1angauge-CITIZENl.doc
2
RESOLUTION NO. -.1f2.-
(Series of 2005)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
FIXING THE BALLOT TITLE FOR A CERTAIN INITIATED ORDINANCE
COMMONLY REFERRED TO AS THE "CITIZEN AFFORDABLE HOUSING
ORDINANCE."
WHEREAS, an initiative petition for a proposed ordinance, commonly referred to as
the "Citizen Affordable Housing Ordinance," has been turned into the City Clerk, the
summary of which reads as follows:
The City shall not spend funds for roads, utilities or other construction
improvements for a major affordable housing project, nor grant annexations or
final land use approvals for such project, until designs are finalized and the
projected onsite and off site costs have been calculated and disclosed to and
approved by the electors, and providing that affordable housing projects with 10
units or less and a direct public funds subsidy of $100,000.00 per unit or less are
exempted from such limitations.
and,
WHEREAS, the City Clerk of the City of Aspen has determined that said initiative
petition is sufficient within the meaning of Article 5 of the Aspen City Charter; and
WHEREAS, The City Council adopted Resolution No.8, Series of 2005, referring
the Citizen Affordable Housing Ordinance to the registered electors of the City of Aspen at
the municipal election to be held May 3, 2005; and
WHEREAS, section 31-11-111, CRS, requires the City Council to fix the ballot title
for all initiate elections.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
That the ballot title for the Citizen Affordable Housing Ordinance shall read as
follows:
CITIZEN INTIATED ORDINANCE - AFFORDABLE HOUSING
Shall Ordinance No. JI:z, Series of 2005, be approved? The summary of this proposed
ordinance reads as follows:
The City shall not spend funds for roads, utilities or other construction
improvements for a major affordable housing project, nor grant annexations or
final land use approvals for such project, until designs are finalized and the
projected onsite and off site costs have been calculated and disclosed to and
approved by the electors, and providing that affordable housing projects with 10
units or less and a direct public funds subsidy of $100,000.00 per unit or less are
exempted from such limitations.
Yes
No
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
JPW - saved: 3/3/2005-44 7 -G:\john\word\resos\ballot05-1angauge-CITIZEN2.doc
2
\l~
.
:M:ell:ll'l..ora.n.d,,,,~
Tile CiI1ellls...
ClII 1IIIDmer's 811lce
TO:
Mayor and Members of Council
FROM:
John p, Worcester
DATE:
March 14, 2005
RE:
Resolution No, 11-, Series of 2005 - Fixing ballot for charter amendment
question
Attached for your consideration and review is a resolution that, if approved, would fix the ballot
title for the question seeking approval ofthe amendment to the City Charter limiting the
jurisdiction of the Municipal Court to criminal cases. At this same meeting, Council will be
asked to approve an ordinance that seeks to amend the City Charter. Please refer to that
ordinance and cover memo for an explanation of the Charter amendment that is being proposed.
cc: City Manager
;'
RESOLUTION No.lL
(Series of 2005)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN A CERTAIN
QUESTION RELATING TO THE ADOPTION OF AN ORDINANCE TO AMEND THE
CITY OF ASPEN HOME RULE CHARTER LIMITING THE JURISDICTION OF THE
ASPEN MUNICIPAL COURT TO CRIMINAL CASES.
WHEREAS, the City Council has determined that the Home Rule Charter
granting original exclusive jurisdiction to the Aspen Municipal Court in all matters arising
under the City' s ordinances should be amended to limit the jurisdiction of the Municipal
Court to criminal matters; 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 State Constitution requires that Home Rule Charter amendments
be made by the adoption of an ordinance and thereafter approved by the voters; and
WHEREAS, the City Council has adopted an ordinance to amend the Aspen Home
Rule City Charter and desires to refer to the voters a ballot question seeking voter
approval of the proposed amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The following question, seeking voter approval of Ordinance No. 14, Series of
2005, shall be placed on the ballot at the City's municipal election to be held on May 3,
2005:
AMENDMENT TO CITY OF ASPEN HOME RULE CHARTER
Shall Ordinance No. 14, Series of 2005, be adopted? This ordinance proposes to
amend Section 7.2(a) of the City of Aspen Home Rule Charter by limiting the
jurisdiction of the Aspen Municipal Court to criminal cases.
Yes
No
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
JPW- saved: 3/312005-353-G:\john\word\resos\ballot05-charter-amend.doc