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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 , I ~ -8 I! ~ '" '>'i' ~ o _ ~ riD Z N :8 ~ I 1m If. . 1 r~ ~ , UJ ..- <> + aD 0 ~ Sa; 15 l1..l! ~ ll! 58 x: o + z 5:3 >< 8 '" ~ g W I I I I I I I I I (.",,-\ 3OO/lJ8 SS I I I ;;l; ~~ '~ ~r-Ja:: ~~" ,,~... ~[g:..: ~"'~ ~!<l~ -.:~... ~B~ <\' . ;m::f tg lfir.::: ~ ~ I .1SVAM at :JH Ha:I 3US-NO ttl, \)~'<- 3HOlS ;w' snny", 3NJI'GH \ ~o~~ "1......U.!Vo...~ 'WlS' l,) 'imoMX) .9 (,,) .p (A.7NO T1YJSNI) ~ (.01) 7';T:EdS Hff ssow- A70H ~ ~ ~ ~ - ~ ~ .llff:I1I.~ ZOf1:o,l!; noJi:I S3Nn .1> (8) F.I M.3N :i7nlfA.1S3MrJ "X3 t5 I 111 ~ . . 1 c o '" o 'l: o "- o c ;g ~~ - .~ o ~8., 1:: _ ~~ ~m osF ! ~gl . ~ ;\ , ~ v6, 0~'i.. 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""" <DO 1 ~~~ Ii ~ N ()~ <;>% tl Z:::Je~ G t5 01= '::llQ ~ :::::! ~;:) ~ ~ CIl ~ ~ -j-j-- '" 1 " -.Jl ~ t~ l ~ <=> <=> 6i o . . 'C . " 2 . is " u J ~ z l ~ W ~ -~ "'~ ~~ ~~ i!!~ ~ffi ~~ ~~ n . t I c 1'.. ~ ~"'~ '0 f,.ij ~ ~dh E I;;; -e ~8"" ! J~ .g Ii!JJ.!! ..., ! II < " " ~s ~ II '" " N "- ....... I:!:!Y'__ ~ il . . < 0" ~~ .~ e "'. " _0 ~~ '" > Vl. 1!. . " "" w ~ 0: o "' "- ~ << >= "' << "- , ~oooo ~ ~ '" ~ r..<: ~~~ ~~~ }~~~~~ ..... ~ ~ .. E - - ~ 2 ~ o " - . ..!:! g 5 ~ i:i: g Vi .! s ~ ::J ;; I Q. 81ll;; ~ li;j; ~ u '8. ~ ~ L- j I ! ~ Vlb 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 $61,434.00 for two hybrid-assist 1/2 ton pickups, two 1/2 ton 4x4 pickups and one utility cargo van. The 2005 Asset Management Plan contains the approved budget for these vehicle replacements. RECOMMENDATION: Staff recommends the approyal of the contract 2005-2FM for the , purchase of two hybrid pickups, two regular pickups and one utility cargo van outlined above. PROPOSED MOTION: "I move to approve Resolution # On the consent calendar of Monday k,!JJtlU,. t If 13 of 2005 2005 ,., ~' ;~\: ~,::< j 03/10/2005 11:19 001 DELLENBACH MOTORS PAGE 02 '>0' : ,~:,". , SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2005 - 2FM "\;.', . ( ,':-i.:>.':' "'THIS 'AGREEMENT made andenter6d into, this 24th'. day " In'-"'j:feimJarv .of 2005, by and between the City of Aspen, Colorado, hereinafter referr8d to nthe "CftY"and Dellenbach Motors. hereinafter referred to as the "Vendor," ._.U' , '. . .....: , 'WITNESSETH, that' whereas the City wishes to '.:'p~~h#e, Four (4) Y.. ton Pickuos (2\ beina hv-brid's and (1\ . eareo' Van. Hereinafter called the UNIT(S), In aecordance with the terms and conditions outlined in the . Contnlc,t .DOcUments and any assoclated Specifications, and Vendor wishes to sell laid UNIT to the qiiY aupecffled In Its .BId. .', . . .' .' .' ..' . . NOW, THEREFORE, the City and the Vendor, for the considerationl hereinaflerset forth, agree.._f~U~: '.' "':';' ',.,1,,' ~ "'. -'.'fe'~: ;_'.~,'7"_:.>.,.. ~.',:',_: . . ",,','.. " ",. ',. ,.1 ,:, "'""\_' ~,t.,_".:." " ,),,:,~ PUrChase.Ven.dor agrees to sell and City agrees to purchase lI\~;qNlr(S) El'.\iiiacrlbed m .in the' Contract Oocuments.and . more specifically In Vendor's Bi!:l'f~nhe ::s~i1j;:Of _ Si~.One Tlioui_nd. Four Hundred Thlrtv Four and no cents dollars. ($ 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. .' ^, ,';" . .", " '::'::',~;. ,,' 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' , '. .~ ., ! . ., , , . ~ "C,,' . 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 SOU!?Cf: Fwd Kon', fl LiSiJiVSYrfiSOf 'Dev; 'r [i'Dr: TNt;k t); Polkin;] litHO, pi(y!!V"g jiit!Q 199; L: Too Loke- HClrfk~t Bood$h&iJ in MiflneaooJls attracts lr.vge crowds for summer CO(}COf1'$ dospJro hailing felo!lvely ldtft! 0<1-$j10 patiJr1rr 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 M-.:;tI.O-.:;tMM 11l ... Cl 11l ..;..; nl a. 11l N Cl 11l -i..;nl a. 11l Cl Cl 11l .;..;nl a. nl c: Q) 1U <!l -...: c: a:J :?E ....''< lIl' C i.L ~.,-.:;t -.:;t 1.0 -.:;t -.:;t v .qoM...;tI.O-.:;tM-.:;t M-.:;t-.:;t-.:;t-.:;t-.:;t-.:;t l:D C -i: o U U) Ci +:;.. '2 - .. 'C ~ ....." 1::1' (.) ~.LOLOLOLOLOLO ......."""o::t'LO-.:;t..q--.:;t "'"', c Qt 0 c;"i:: C 5 '0:: ro 10- 0 (f) 10- +'''''"'::2Q)(f)e"U~ ;0 ene..c:ro~ :.! e ~..c 0 ~ c... E.g~~""'cnCf) Ee..c:~eQ)e O ro........ U.!2 > ro .... '- :J ro >. Q) -- Ol:Do:::....,ooo03 ...-..-r-oi-..j-..-(O N Cl ~M 11l CO Cl 11l MM nl a. 11l ClCl 11l ~M nl a. 11l Cl Cl 11l anM nl a. 11l NCl 11l ~M nl a. ~ E Ocu O::l LL U E - (f)._ III cP ,5 = g>:;; II. ;32 > 0 <~ l!! .c I- ~IM Iott- ~ - --tv Ofrr\~ ~. ~e.'1. ~ 1piS. ~ =-t ~\'" ~;'1 J L 2 " ~ C1l .<: " ~ C ::l E E o " --0 C C Ol C1l E >. C._ 0:..:;;; Qi:E >:w Ol C1l DC. >. OlE ."!::: :0 8 3 :n ro u E > .~ "i:: E~2.9 o E ~ .~ UQ)Cf)-'= c~~~ Q) --- ee2m ro .9 e :J EiilOlO '-tEe Q) 0 e en ~ a.. c.. e-oo ,_ Q) (f)._ Q) C5:5ffiE:O ~ 0) ~ w .2' 1t; "~ 0) ~"~ U ~.~:w.~ ro "U 0 ro trI.~.:;; E c s::: > 0 0 "- "i:: Q) L... L... ro 00::0..0..:2 CJ I I I I CI)...-C\jM-.:;t Chris Bendon Planning Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 ~~ 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 -------- ~~~ ~ ~rn'-' .; . 8 0 - ~ 00 . , oorn ~ ~ .......:....: QI ..; ..; ~ ~8o ~ ::i",:~ . ~- z . u ~" \Y c=J ~ED .....:....:~D . .;.; '. :BOll) ~IO<.O ::i~,? ~ aT..... Zo::.'t ll, , , 11111 III! II I ~~-~~~~_~~~4_____~ ~ I- W W ~ I- '" Z ;;: " '" w ..: :J l'l u:: b.D, <.D Cil ~ :C~ :=8. ", a:l '" C '" i;j c:l:l "Cl C '" .: '" :E '" ..c I- z , " - ~ 0 ~ = ~ w ~ II ~" " a Po . ; ~ u' w '" , 8j ('J 2: z z <r ~ "- , w '" co I- U W '= ~ u '" <r '" '" o =- 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 02-200005.\ 11 (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 02-200005.\ 12 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: 02-200005.1 13 (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. 02-200005.1 14 (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). 02-200005.1 15 (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. 02-200005.\ 16 (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. 02-200005.1 17 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 18 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. 02-200005.1 19 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: 02-200005.1 20 (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 21 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 02-200005.1 22 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. 02-200005.1 23 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. 02-200005.1 24 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. 02-200005.1 25 (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. 02-200005.1 26 (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 02-200005.1 27 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 28 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 02-200005.1 29 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. 02-200005.1 32 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. 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H ll!.gP.U!lJII!I;;~*.,_ ~ ~ I" ~ ~ lOT 3, ASPEN MOUNTAIN SUBDIVISION I p u 0 ASPEN, COLORADO .. f; :)- !iH ~~ :i:" ;:1: !!! -. ::~ .:: , . 1111111I111111111111111111111 ~;~~~;~ ~ I : 46~ 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. ~rw"'" ", t. .,' '..f .... .\' . .....,05"'... ". . ~ . ~ . . . '. - ~hN'.S~ '" .FINALLY: ;mtpted, passed and approved this II'" Day of March, 2002. <'O(O,il.";~ " Attest: " . ",,"'c.; /.'/'8 E AI" '. '. Approvil'l:l;.as to form: . . "~~ \ l ," "(..,.. . ~/? o dreestor, City Attorney .ti ~ ~ o :J 0... z o - (f) - ~r- ow [Q(f) :J (f)Z o zi= -<{ ~o ZO::: :JO OU :LW a: z w 0... (f) <( (f) r- o -' CL z :l " W " j . r.~ ~ "'~:~ zzzO O~~a :l:l:lZ ~Ht n.o..n..:!i IllWW.( ~~ doo Q.1ltl..m ~4 O. _ Mg~o ~ ';Olil _ogo ~3 .N_ ,,2: C oo2~ " =~ t.j~~IQ'lro 10 .1\1_ ::z:z~o.. ffi n:~~8~;; -~~.~. :l:l w . . .0 irnF.i' ~ 02;","19 iii :Joo~ -Nl'J< E5: Z 2D~13'1~ " ...ItI'lU";-1I) iiJiifi1llli iiU:i: " po Z()Qj ~ .~tiuiV)ll\ ~~~i5 ~i Z '"~-66 ~.w~'f., w ~g~ii'ZZ <<(o(n. ~ ~g ~~~ " 11-8..11..0 5 )-.ffi~Qhj" 0 ~ o.."t-. 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I , r , ".~.- I f'I ". o,j u~ G) it~ f'I ~; ~; z .! .~ . ~ I 0 ~~ ~ " " p , " ~ ~ ~ ~ f'v 1I.1.1lIl~lllffnllllln ~;;:~,~..::,. ....._".............. .....R ..... ~ ~ I II I ! i Ii LOT 3, ASPEN 1vI0UNTAIN SUBDIVISION I P U D ASPEN, COLORADO o > r > . . o . --,._--_ '_ u... _..__..__._... MEMORANDUM V\\\b 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 I 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 'f--tf: J ?.>:-u . :... J' "-' 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 qS ~\'" D .~ iii \0: i~":'" J f: ; ~ ~ II ;;ll r :~ ~ I , i" iifl f .L . lC :, ~ " :~ il ~~ ! II) \\,','.-. " (.' .-w?/- 'j';" '\ t~<o \\\~'~:~J~' ...,....j(./.) E>>t..~t -~ _ ....,.,. \~ -'N""~ .i.i. \ !~. ' L.-~'a"t, -'! I , Ilf~c W' .,;1).. AF C~'fj"-::r-131 ;( J '~:::_~',:,=~~l;;@-GB~'=~E i:-. "'-0 1/" ;(i "'. :.~~i?L-(k n ." ,..I../ '..:--=-,:...L" \ I S.- ,-1...~~')). \"..:: ,if -.. - :~ AFR-IO' ~ It; , . / '"' Ii i' ~ /"b . !.i ,"' ~ LiV 1/' ~,,_-';:"~_ Ii . ~(( ~'-1-j' "'1\ . it . ~ .I{ 'ii' .....__. .m.il \ \ ....:i/ - L~-..-\t.--.~ ._.._"~._. )i -t" (.,....,/ l:' /' II " '---'j: il /I '--"'II- II ~.._._...._! I (/ -<~j _...._..-r::/, 1/ ._.el' it ill '~-":.._--. 143 i -I! iii ~ ""'" E.x\\.\),t C .{;',.., 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. ': .. -' ,:' .'; .-. '::..,........":...::.' 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. :":;""-',::""'0:>:::'" ':':' ;~:',,-',:_i' .- :'-'. ........., .::: _',',_ ,.._,_.:i,.:...'- '-:" ..'':_ '_-< .,::" ',':: 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. . - ::..' ..'-".'-'" ~ 11 H 1",1 ;! ... .. ''', ~:,~ t , . . 1 I ,to .. ; i ;_; , '~~ . .,j I \1 11 ~~ ~ r f~ ~q ~I l;~ rf:-;:.': ~) i I ~-~ ~ ~/.1 t~<:l -"1;;".j ;\'"\ ;::s."-';J .....:"'",. :"'~ ~"'.,.., 1 f".-.'~'-' .~, , ,., ;. Ai tl :... "t:!" c:.'- .. ," -'~' :". . :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 Lh?~~,~ lkib~Chd 1 nlhln - : ATTEST~ .County Clerk APPROVED AS TO FORM; L-______ 17~_;r;K~~ .' ~- 'County ttorTIey ,,/<> -' - .---'Cj -' < . t , ~ ,-. t.x\\t\;t~ E.. """"\ ",-'oK436 i.d1S - . 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' = ~ ""' ~~ -, =1, ~~ ~~\ "'"' ..::>. '01 -'" ~ ::::'rrl g~ '" --.l .::"::-1 G"l ;-.. .~:> :2 ~;~ - = r-' 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 '} (Attachment I E.~\;,\;~ ~ -. - .:: - . '. ':,~ ", p -.., . '. . . , ;: "~,. - <" :' ~'.'."'" ....~......... 'q !-,1." If .If 11.< ,.L ""'..'; ;":)~ -" ~J ',' ",'> ~ '1 II .j 1., ''":":;. ,'~ .,,_:.; . ":Cs'._;~;~,(}66.i: !-;f " +>.~';;- .,-,.,", ~,; -. .- " .:/".;:4' ,', .' -, .J .,'," .,", . 1 '1 ' ~~ :.r I " " 'j" ,""'Of). . '.'i' ,uN.hs ~ -'I? ..101:'" '..". ' . ,~ ,"; ,: ~- ., ,:.'A.-DU, . U'~l!S "-p. .i'. , . ,. . ~!'" '" .>f.'~' ,.:,,,,,,. " J}J\'J.\~ A ~ D :1. J ',"" '.I' .c,". ;,'\ '. .' .C ADD, UNiT: 13'16 " '" j-..... 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':"""'-':<l"j l' II r-----;------\ t;;; '\\1r.' 31) I, I, ::"/: :~,~.'L.' ...~..'~.....:~.":..,'~...;--".....] 1~. ~.!2E,sc~a28--_-1Ir~ .~ no' ..,~CE:C.:.'...': J ADD. 16 ~' ." J' -.' '--~ao?-<;.~5'_J __ Itt>:: '", lIiCU";",.' d ADD. fS ! t ! ;;::k~</,,\{H;.('.'::.' .... .,]. .: llii:,,"c~i';lll :D:~~ 'I;' 5.0 '. , i ~ ~~:ij'.":T;.;,';:;~' --':- -:. ~:, ',~ "t i;::-< .: .', '~':'<-'.. .,' , i if... rt '~{ '" "'.Ii -' - t j ~~f~~1:C~i1fii~~,'l~~;~~fi~Do'l;~/!f .... '~....' j I t;~~~r~~""..:~J ~;~;~)~'~L ~~:j~;~!~~~~~.~;~~i-~i- .o~.....~ '_.. -';"~~_---'-"'f ,; , , i i " I i 'i i I , I r ~' . .~:~ -' l- i ;---._-----~----_... ! ) , Id --' . . ,------- ~,\:)~ c, - 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. _.---~- -"'" . 3 MAP OF LODGE ZONE DISTRICT: 1'" . .~ V 'I~.. -, I ... ... "1- ~ ...; Mil ..... Cooper . ... Du...nt ,.. I- f .-. . ~ #.. .' , '" " t: " 0. o a: c o ~ 2: " '" " a: " 01 '0 o -' .-+, 'Av P"ml1iFg ~).Ji)artnl\ml )101 4 MAP OF COMMERCIAL LODGE ZONE DISTRICT: 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. 5 . t1IITIl \b 2. . .!:(J i .::I ) 4 ~ .it ~ ~ ~ ~\A;~tA t~ 'l/J tfJ u~tr ~ ~ 5 t ~ 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 'U '-.l -.J ~Z 1----0 ,n:: I- Wo CLO 0<( n:: 0...' (f) i- ~ 'I---- .""'" 1,::) .'<(. t:Z --:J --1--1 '~""~' W OI Zt:- <( (/) Z Z W en l~jH~H J~fj~, ~- a :,UIH :~~i!~i J :r d~~~_ li~8~1~1, ~~ ;'1~eJ 8~J~:: ,.,'or "L~'"~<.;:JI, II ,h ". - ~ l _"'" I" ~ ~" !H~:~:.".!: ~-"~ ~~ ;t~~~~ ~~e~~.-~ -,~.. 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I/'l-ij,::l I f----r- !.: ~ j';:~ I ,---" il---:._-, I ~1-F--J I U).!;: ~ ~~ oEo ~~~ ~ 'E_ o. ~~ r--"~ _~b 0_0 ~~~ -I E , c E o ~ C o U ~ ~ U ~ E 0_ ~. N m.!.n .....g''<t o_~ ~~~ -a.: :l i~ 3~ . . ~ -- - - i . ": ~- :;::; m" o C , ~ n . ~ ~ ..; , ~ :~ 0 ~ 9':1i N ;J- -- J :~ 9~ I I ~- t ~\l'lt co" . -~ .... .o<<J,.., .~~ 0_ NO ~::S ::l 0-0 / o x~.!!. / ili}f / / .[ I I I / Bhib/B::> - -f.K K(~~ ~ I I I ! , I , I ! I I I J I . I I I I Wl ..J - ~ -- .s. ill J-~~ $z ,,~~,~';~~~:.~';-~-"~~'''~'~ ~"- __, ---- ""'~ ~ "G~\~I-=t - fic~ ' ~o v,"~ 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: .". -f\- ~ .. ....... .". ~ ~ , -.... . - . I . ....;.r Hallam \......IIt,.~..,- ...................". ............. . \!!!!," . .1._ ... .:-.t ... . f.1-it~.in..J&~t..:: Main Main" ' . t~"].,:,........". , Rio Grande Park .. Hopkins :........ ..... ',_. ili5 i.-.iIIihi' .'.ii..... i Ollll.i. W . ~_.. . p --"\-.. . r .,.. .1.1 e n~.::::-:::;~:~~3,..~____, r ;::::::_:::;_:~~::::_::_::__. i.. -_:.^~:::..::,'_:_- s f..... ~ II".!...... ~ '" Hyman a n . .,.m._ i;n I......... d n..' _ .,... ....~ .............. . ...~. 11111111111...... ~ -~ _."IT"'.... , .. .. ..' .. ........~..r . .,,11I1[.- ........ l..~..~ :1 fI .... 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 ~~ ~~;~-b .... 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 "III h . ::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 JPW- saved: 2/22/200S-775-G:\john\word\ords\charter-amd-200S.doc 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