HomeMy WebLinkAboutagenda.council.regular.20071126CITY COUNCIL AGENDA
November 26, 2007
5:00 P.M.
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) Councilmembers' and Mayor's Comments
b) Agenda Deletions and Additions
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters maybe adopted together by a single motion)
a) Resolution #96, 2007 -Colorado Forest Management Improvement Act of 2007
b) Resolution #97, 2007 -Property Acquisition - BMC West
c) Minutes -November 12, 2007
VII. First Reading of Ordinances
a) Ordinance #50, 2007 -Code Amendment -Historic Lot Splits P.H. 1/14/08
b) Ordinance #51, 2007 -Historic Designation - 28 Smuggler Grove P.H. 1128/08
c) Ordinance #52, 2007 -Fees 2008 P.H. 12/10
d) Ordinance #53, 2007 -Amending Liquor Code Server Education P.H. 12/10
e) Ordinance # 2007 -Supplemental Appropriations P.H. 12/10
VIII. Public Hearings
a) Ordinance #42, 2007 - 208 E. Hallam Establishing 5 TDRs
b) Ordinance #48, 2007 -Code Amendment Historic Preservation
c) Ordinance #29, 2007 - 307 S Spring Subdivision
d) Resolution #93, 2007 - 2008 Mill Levy
e) Resolution #94, 2007 -Adoption of 2008 Budget
f) Resolution #98, 2007 -Temporary Use - Zupancis Property -Fire District
(continue to 12/3)
g) Resolution # 99, 2007 -Amending COWOP Eligibility For Fire District (continue
to 12/3)
IX. Action Items
X. Adjournment
Next Regular Meeting December 3, 2007
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
v~ ar
MEMORANDUM
TO: Mayor and City Council
FROM: Gary J. Severson, Executive Director, Northwest Colorado Council of
Governments
THRU: City Manager's Office
DATE OF MEMO: Nov. 6, 2007
MEETING DATE: Nov. 26, 2007
RE: Support of the Colorado Forest Management Improvement Act of 2007
REQUEST OF COUNCIL: In response to a request from Gary Severson of NWCCOG during
the Nov. 5, 2007 Council Work Session, staff recommends that council approve the attached
resolution in support of the Colorado Forest Management Improvement Act of 2007. The Act
serves as a unified piece of legislation aimed at tackling issues related to the current bark beetle
epidemic in Colorado.
ATTACHMENTS: Resolution #~ Series of 2007
Page 1 of 1
RESOLUTION # ' f f~/
(Series of 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN
SUPPORTING THE COLORADO FOREST MANAGEMENT
IMPROVEMENT ACT OF 2007, ENCOURAGING THE
CONGRESSIONAL DELEGATION OF THE STATE OF COLORADO
TO ACTIVELY CONTINUE THEIR UNIFIED AND BI-PARTISAN
SUPPORT OF THE BILL AND TO PUSH FOR RAPID APPROVAL BY
THE CONGRESS OF THE UNITED STATES.
WHEREAS, An infestation of bark beetles has killed and is killing hundreds of thousands
of acres of lodgepole pine and other species in the State of Colorado; and
WHEREAS, The dead trees threaten human life, safety, dwellings, businesses, and
municipal and county government facilities, along with their associated jurisdictions;
critical infrastructure (including but not limited to: municipal, agricultural, and
commercial water collection and distribution systems; high pressure gas transmission
pipelines; inter- and infra- state electrical transmission lines; micro-wave and radio
broadcast and relay facilities; and highways and other public and private roads); entire
watersheds, including those of the headwaters of the Colorado River and its tributaries;
valuable tourism destinations, including ski azeas, scenic view corridors, lakes and
reservoirs, and other amenities natural and manmade that are essential to the economic
health of Colorado; wildlife through increased risk of catastrophic wildfire due to dead
timber and the related massive fuel loading; and associated post-fire erosion,
sedimentation, debris flows and the associated costs to mitigate the resultant damages;
and
WHEREAS, Insect killed trees are susceptible to "blow down" by high winds, on lazge
and small scales, and that such blow down endangers the health and welfare of people,
property, and infrastructures in and around the effected forests; and
WHEREAS, The entire Congressional Delegation of the State of Colorado has
recognized the magnitude of the problem, the lack of resources of local jurisdictions to
address the situation, that policies of the federal land management agencies need to be
altered to allow more immediate and long term actions to mitigate the consequences of
the insect infestation and to provide for means to reduce the likelihood of such infestation
in the future, and have addressed this problem in a bi-partisan and unified fashion by
introducing the aforementioned Act to the 110`h Congress; and
WHEREAS, There is a sense of urgency that the provisions of this Act become available
as rapidly as possible in order to forestall the negative consequences of the infestation
and to make use of the forest materials before decay renders them valueless.
NOW, THEREFORE, BE IT RESOLVED THAT THE ASPEN CITY COUNCIL
applauds the Colorado Congressional delegation for their bipartisan introduction and
unified support of the Colorado Forest Management Improvement Act of 2007. The
delegation is urged to promote the Act, to gain support in the Congress, and to actively
pursue its passage as soon as possible; and that the Aspen City Council does hereby
affirm support to the Colorado delegation in this matter.
Dated:
Michael C. Ireland, 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 November 26, 2007.
Kathryn S. Koch, City Clerk
VI b
MEMORANDUM
TO: Mayor and Council
FROM : Bentley Henderson
THRU: Steve Barwick
DATE OF MEMO: October 14, 2007
MEETING DATE: October 26, 207
RE: Property Purchase
SUMMARY: Provided for your consideration and action is some additional information
regarding the potential purchase of 38005 Highway 82.
Property Summary:
Location: 38005 Highway 82, Pitkin County, Colorado
Size: 4.64 Acres; 202,118 square feet
Zoning: Pitkin County B-2 (General Business) Located in the Aspen
Airport Business Center
Existing Structures: 4 existing structures which accommodate, retail/office, warehouse,
and 4 apartments.
Easements: 1 - 10' sewer easement that is continuous along the lot 1 and 2
boundary line and east property line, and 1 electric line easement to
accommodate overhead power lines
Limitations: A 100' wide required greenbelt adjacent to Highway 82.
PREVIOUS COUNCIL ACTION: Subsequent to direction given during the September 24`h
regular meeting executive session, staff has completed its due diligence as it pertains to the above
referenced property.
DISCUSSION: This property was evaluated primarily for its utility as an affordable housing
property. Our due diligence has included consideration for:
Density
Estimated costs and returns (see financial implications section)
Access
Partnerships
Airport Considerations
Densi
In evaluating the parcel consideration was given to what levels of density it would support. Due
to its proximity, staff utilized the Annie Mitchell Homestead (Burlingame Parcel D) for this
comparison. As is evident in the pro-forma, the density of the Pazcel D property is roughly 20
units per acre. Staff has programmed the BMC parcel at just over 21. The increase is a function
of the fact that as a property gets lazger it is not unusual to analyze it for greater densities due to
the fact that the larger property offers opportunities to minimize any impacts increased density
may create. Also borne out in the pro-forma is the fact that even at 21 units per acre, the lot azea
per dwelling unit is sti112004 squaze feet of lot area per unit. Additionally, the subsidy per unit is
always a significant consideration and cleazly, additional units aid in driving down that subsidy.
Further analysis of the use of an adjacent parcel will also have to be factored in when considering
lot area per unit and units per acre. The present analysis assumed 100 units on the parcel.
Transportation and access
Access to the property is the true wild cazd. Discussions with City staff and Pitkin County staff
both of who have had extensive dealings with CDOT agree that given anticipated densities,
significant improvements to the access of the property will be required. What those
improvements might be is the most difficult part of determining how much improvements would
cost. At this point, there aze a number of variables that will impact the decision making process.
The primary vaziables in finalizing any access plan are the Terminal relocation at the airport,
general circulation within the AABC (and its limitations) and, the potential for another signalized
intersection somewhere between Service Center Road and the BMC parcel.
Staff concluded that at the least, a placeholder for access upgrades needs to be included in the
analysis. At this point we are considering improvements that include pedestrian improvements at
Highway 82, and a signalized intersection. Anticipated cost~of those improvements is
$5,000,000 dollars. ..K, ~s ~ ,vJec r
Partnerships
Per direction given by the City Council staff has engaged in informal meetings with other
potential stakeholders. The results of those discussions were very positive with each entity
expressing a strong desire to be involved in the development of the parcel. At this point, each
entity is going to begin work on the development of a needs analysis to determine the extent of
their participation. It is expected that this information will be available in eazly 2008 in
anticipation of a formalized campaign to ask the voters to approve the issuance of debt to
accelerate work on the affordable housing effort.
Airport Considerations
As mentioned previously, the airport and potential changes to it represent both opportunities and
challenges for the project. As Pitkin County moves forward with the master planning process for
the facility one of the primary goals of the effort is to relocate the passenger terminal to the east
(up valley). The relocation of the terminal facility may very well dictate a realignment of the
airport's access to Highway 82. Herein lies one of the opportunities. A change in access to the
airport may potentially be an expense that would be borne or shazed by the FAA as part of the
2
redevelopment/expansion. The challenge in this scenazio is again, CDOT `s reaction and or
requirements for improvements and the possible domino effect of those improvements to the rest
of that section of highway.
Staff is continuing to evaluate the challenges presented in locating units this close to the airport
such as noise mitigation and how the Airport Noise mitigation study will aid in that analysis, and
how the potential 1000 foot addition to the runway will factor into the equation. Preliminary
reviews indicate that there are some mitigation measures that can lessen adjacent property
impacts.
FINANCIAL IMPLICATAIONS: The expanded pro-forma below provides a greater level of
detail in the analysis of the cost of development of the property. In keeping with previous
submittals and methods of analysis, the information below anticipates 100 units primarily in
category 2 and 3, and comprised essentially of 2 and 3 bedroom units. While it intends to
provide more detail than previously presented development analysis it is by no means
comprehensive in anticipating every contingency in the development process.
Predevelopment
expenses
Land Costs
Demolition
Access Improvements
total
Development costs and
Professional Fees
total
Site Development
total
Construction
total
Landscaping
total
Permits & Fees
total
TOTAL EXPENSES
Anticipated Sales Revenue
net expenses
Subsidy per unit
$18,988,000
$18,250,000
$854,600
$5,000,000
$24,104,600
$5,768,100
$2,003,760
$32,045,000
$200,376
$1, 000, 000
$64,121,836
$45,133, 836
$451,338
To purchase the property, the City will be using its repurchase agreement line of credit. The
proceeds of this source are guaranteed against our investment portfolio. As has been discussed
previously, it is our intent that this source will only be a temporary one until such time as a
comprehensive package of projects and funding needs can be established. Once that effort has
been completed it is our intent to present that to the voters in the form of a bond request.
RECOMMENDATION: PleaseSaccompanying memo regarding suggested action on resolution
to purchase property.
CITY MANAGER COMMENTS:
Attachments:
A- Map of parcel
B- Purchase resolution
C- Resolution #
4
BMC Aspa~ Facility ]anu 27, 2004
Aspen, Colorado ~ l ~ Page 14
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MEMORANDUM
TO: Mayor and Council
FROM : Bentley Henderson
THRU: Steve Barwick
DATE OF MEMO: October 14, 2007
MEETING DATE: October 26, 2007
RE: Property purchase
SUMMARY: In order to memorialize the action taken by the City Council in your Executive
Session of September 22"d 2007, staff is providing a resolution of approval for the purchase of a
property located at 38005 Highway 82, Aspen CO.
BACKGROUND: One of the components of our property purchase contracts is the clause that
states that contract approval is conditioned upon approval by the City Council. Action on the
enclosed resolution fulfills that contractual requirement.
PROPOSED MOTION: Staff recommends approval f the enclosed resolution. A suggested
motion would be, "I move to approve Resolution #~ Series 2007, for $18,250,000 for
the purchase of real property located at 38005 Highway 2, Aspen, Colorado."
CITY MANAGER COMMENTS:
RESOLUTION NO.
Series of 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING THE PURCHASE OF 38005 HIGHWAY 82, ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a Contract to Buy and Sell Real
Estate between the City of Aspen and BMC Holdings Inc. for the sale of property with a legal
description of Lots 1 and 2, Block 1; Aspen Airport Business Center, Filing 1, Pitkin County
Colorado; and
WHEREAS, after due deliberation and consideration the City Council has determined that
it is in the best interest of the City of Aspen to approve said Contract.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, that the City Manager is hereby authorized to execute on behalf of the City
of Aspen the proposed Contract to Buy and Sell Real Estate between the City of Aspen and BMC
Holdings Inc. for the sale of property with a legal description of Lots 1 and 2, Block 1; Aspen
Airport Business Center, Filing 1, Pitkin County Colorado, and all other documents required to
consummate the proposed transaction.
Dated:
2007.
Michael C. Ireland, 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
2007.
Kathryn S. Koch, City Clerk
H: \HOUSing b Properties \bmcprop. doc
Morris & Fyrwald Real Estate
~ 415 East Hyman Avenue
Aspen, CO 81611
Phane:970-925-6060, Fax: 970-925-3138
The printed portions of this form, except differentiated additions, have been approved by the Colorado Rent FsEate Commission.
(CBS 1-10-06) (Mandatory 1-07)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
COUNSEL BEFORE SIGNING
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CONTRACT TO BUY AND SELL REAL ESTATE
(ALL TYPES OF PROPERTIES)
Date: o..+..>,e- 41 ~nm
PuruhasePrice: $ 'tH-.~Sn,flnn
1. AGRF~.xT. Buyer agrees to buy, and Seller agrees to sell, fire Property defined below oa the temrs and conditions set
forth is 9ris contract (Contract).
2. DEFINIDTERMS.
s. Buyer. Buyer,
City of Aspen
will take title to the real property described below as ^ Joint Tenants ~ Tenants 7n Common ^ Other
b. Property. The Property is the following legally described real estate in the County of :, ~_
Colorado:
Lots 1 and 2, H1ock 1, Aapan Airport Baeiaeas Center £iliag 1, aacrording to the Plat recorded in
Book 7 Page 79.
]mown as No.
- - StteetAddress ~ City State Zip
together with the intrresb, easements, tights, beaefns, ~pmverneaffi and attached faxtmes appurtenant thereto, all inferrst of
Seller in vacated streets and alleys adjacent drereto, except as herein excluded. _
a Dates and Deadlines.
Item No. Reference Event Date or Deadline
1 § 4a Altemetive Earnest Money Deadfiae v' 72 houxa a>Ec
2 §Sa. Loan Application Deadline n/a
3 ~ § Sb - Loan Condifions Deadline ~ n/a
q § Sc Bayer's Credit Information Deadline n/a
5 §Sc Di~pproval ofBuyets Credit lnfomtatioa Deadline n/a
6 § Sd Existing Loan Documens Deadline n/a
7 §Sd Existing Loaa Documents Objecton Deadline n/a
8- ~- ~~-~~ ---~ ~- § Sd Loan Transfer Approval Deadline n/a
9 § 6a(2) Appraisal Deadline a/a
10 § 7a Title Deadline 10 days !~C ~ I ! ~i r, ~:.-.: i ~,..
11 § Sa Title Objection Deadline 30 days me I.; 1,`
12 § 7c Survey Deadline 10 Gays 1~e ;; j I,. ~.~
13 § Sc(2) Survey Objecion Deadline 30 days MEC ` ~
14 § 7b Doet~entRequest Deadline 1o days MEe ~ ~ - ~'
15 § 7d(5) CIC Documents Objection Dead1¢re 3o days MEC - ..
PREPARED BY: Greg Hunter, Broker
CBS t-10-06, ConVac[ [o Buy and Sell Real Estate (All Types of PropeNesl Maros arid Fynald Real Estate
ReaIFA$'r®SOflware, ®2007, Version 6.16. Software Registered to: Craig Mords, Moms 8 Fyrwaltl Real Estate
70/32/07 09:51:41
Buyer(s)
Page~l.+~f 72
Seller(s) ;~Z.
16 § 8b Off-RecordMattetsDeadline to data zmC " ~ '
17 §Sb Off-Record Matters Objection Deadline 30 days t~C I(i"k'..
18 § 8f Right OfFfrstRefusalDeadline none
19 § 106 Seller's Pro ertyDiselosureDeadline 10 days a>EC ~ i ~'' %'
20 lOb Inspection ObjectionDeadtlne 3o days ~tl II ~4,~1-
21 § lOc Resolution Deadline 35 dnya x~c I-' i "--
22 §lOd Propertylna,+rS+no;,ObjectionDeadline 3o days NaC Ili'-~~:'
23 § 12 Closing Date a5 days rssc i i i
24 § 17 Possession Date 45 days a>se .- `~
25 § 17 Possession Time @ atoning
26 §29 Acre aviceDeadlineDate November oz, 2007
27 § 29 Acce sate Deadline Time noon
a/a a/a n/a a/a
n/a n/a a/a - n/a
27
28 d. Attachments. The foltowirrg are a part of this contract
29 Addendum A, Addeadam 8 and one Lead Paint Diacloaare covering all improvements on the Property are
attached hereto end incorporated herein by this zet'arenae.
30 Note: The following disclosure forms ere attached but are not a part of this coatraa:
31 none.
32 e. Applicability of Terms A check or similar mark in a box means that such provision is applieable. The abbreviation
33 "N/A" or the word "Deleted" means not applicable and when insetted on any line in Dates and Deadlines (§ 2c}, it means that
34 the eorresponding provision of the Courted to which reference is wades deleted. The abbreviation "MAC" (mutual execution
35 of this Contract) means the latest date upon whicL both parties have signed this contract.
36 3. INCLUSIONSANDE7CCLUSIONS.
37 a Inclasiona. The Purchase Puce includes the following items (Inclusions):
38 (1) Fixtnres.If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and air
39 conditioning fixtures, TV antennas, inside telephone wiring end wanecting bloclcsfjacka, plants, mirrors, floor coverings,
40 intercom systems, bsdt-m kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories),
41 garage door openers including n remote controls; and ~
42 none.
43 (2) Personal Property. The following aze included if on the Property whether attached or not on the date of this
44 Contract storm windows, storm doors, window and porch shades, awnings, blinds, acreeos, window coverings, curtain rods,
45 drapery rods, fireplace inserts, fireplace areeaa, fieplace grates, heatiagstoves, storage sheds, and all keys. If checked, the
46 following aro included: ®WaterSofteaers ®SmokelFireDe[eetore Q9 Security Systems ®SatelliteSystems (including
47 setullite dishes).
48 (3) Other Inclusions.
49 Nona.
50 The Personal Property to be convey>:d at Closing shall be conveyed, by Seller, free sad clear of all taxes (except
51 personal property taxes for the yeaz of Closings liens and encumbrances, except
52 nova.
53 Conveyance shaIl be by brll of sale or other applicab)c legal iastmmeat.
54 (4) Trade Fiztures. With respect to trade fixtures, Seiler and Buyer agree as follows:
55 nova.
56 The Trade Fixtures to be conveyed at Closing shall be conveyed, by Seller, free and clear of all taxes (except personal
57 property taxes for the year of Closing), liens and encumbrances, except
PREPARED BY: Greg Hunter, Broker
CBS 1-1406, Contract b Buy and Sell Real Estate (Atl Types of Praperaes)-Colorado Real Estate Commission
Rea1FA$T® So~ 007, Version 6.16. Soaware Regktered N: Craig Fbnis, Mortis S Fyrwald Real Estate
Sl 10/31/07 09:45:44 P() 72
Buyers} ~~` s
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none other.
Conveyance shall be by bill of saleor other applicable legal iasWment.
{5) Parking and Storage Facilities. ^ Use Only ®Owneratrip of the following parking facilities:
i
and ^ Use Only ®Ownershlp of the folowng sforage facilities:
(6) Water Bights. The following legally descnbed water rights:
Aay that are appurtanant to the Property.
Aaywaterrigltts shall be conveyed by ra it '" - deed m other applicable legal instrument
The Well Peffiit# is a/°
(7) Growing Crops. W ith inspect to growing craps, Seller and Buyer agree as follows:
Dona.
b. Eaclnsions. The following items are excluded:
See S. 3a(1) abova-
4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer es
follows:
Item No. Reference Item Amount Amount
1 §4 Purchase Puce $ 18,250,000
2 § 4a Earnest Mosey $ 500, OOo
3 § 4d(i) New First Loan n/a
4 §4d(2) New Second Loan n/a
5 § 4e Assumption Balance n/a
6 § 4f Seller or Private Financing n/a
7 n/a n/a a/a a/a
ti n/a n/a n/a a/a
9 § 4b Cash at Closing 17, 750, 000
70 TOTAL $ 18,250,000 $ ].s, 250, 000
Note: If there is an inc~sistency between the Purchase Price on rite first page and this § 4, the amount in § 4 shall coatroL
a. Earnest 19Ioney. The Earnest Mosey set forth is this secion, in the form of ttarxi °n^^~° ,
is part payment of dte Purchase Price and shall be payable to and held by °i t*' ^ ^^^^*y~; r, e
(Eamesi Money Holder), in its trust account, on bebakf of both Seller and Buyer. The Earnest Mosey deposit shall be tendered
with this Contract unless the parties nmmally agree to an Alternafive Earnest Money Deadline (§ 2c) for its payment. The
parties authorize delivery of the Earnest Mosey deposit to the closing company, if arty, at or before Closing. In the event Earnest
Money Holder has agreed in have interest on Earnest Money deposits tmnsferred b a fund established for the purpose of
providing affordable housing m Colorado residents, Seller and Buyer acknowledge and agrx that any interest accruing on
the Earnest Money deposited with the Earnest Money Holder in this tr®saction shall ba hansferred to such fund
b. Cash at Closing. All amounts paid by Buyer at Closing including cash a[ Closing, pins Buyer's closing costs, shall be is
funds which co~rly with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings
and loan tellers check and cashier's check (Good Funds).
c. Down Payment Assistance; Seller Paid Costs. Seller, at Closing, shall credit $ ';~° to Buyer m
assist with Buyers down payment. Seller shall also, at Closing, credit to Huyez the amount of $ n/A to assist
with Buyer's closing cosh, sotto exceed the amount due from Buytr for such costs. These amotmts are in addition to any sum
Seller has agreed to pay or credit Buyer elsewhere in this Contract.
d. New Loan. [Omitted-Not Applicable]
e. Assumption. [Omitted-Not Applicable]
L SeOer or Private Financing. (Omitted -Not Applicable]
5. FINANCINGCONDITIONSANDOBLIGATIONS.
PREPARED BY; Greg Hunter, Broker
CBS 7-1606, Conkact to Buy and Sell Real Estate (All Types of Properties). Cobrado Dial Estate Commission
ReaIFA$T® Software, ®2007, Version 6.16. aofN+are Registered to: Craig Abu's. Morris 8 Fyrweld Real Estate
//,~ 10137!07 09:45:44
Buyer(s) ~~7'J
Page of 72
Seller(s)
vita.
MEMORANDUM
TO: Mayor Ireland and City Council ~
THRU: Chris Bendon, Community Development Director) ' 11~~
FROM: Amy Guthrie, Historic Preservation Officer ~~/~
RE: First Reading of Ordinance #~_ Series of 2007, Code Amendment to
Municipal Code Section 26.480.030, Subdivision Exemptions
DATE: November 26, 2007
SUMMARY: The historic preservation program has included special benefits for owners
of landmark property since 1987. Among the original provisions was the ability to
develop a free market residential unit (adjacent to the landmark structure) exempt from
the Growth Management Quota System (GMQS.) In 1995, the concept of allowing more
than one home on a landmark parcel morphed into the Historic Landmark Lot Split,
wherein two units on a designated, residentially zoned site could be on individual, fee
simple lots, rather than limited to a condominium form of ownership.
In 2002, the Historic Landmark Lot Split was extended to the "O, Office" zone district.
According to the review criteria in place at the time, the lot split was to be For the purpose
of developing one new single-family dwelling. By 2005 the Office zone district was
renamed "MU, Mixed Use" and a number of disincentives for the creation of new single
family homes in the neighborhood were adopted, such as a reduction in allowable floor
area. As a result, if a home is the only use that can be developed in this zone on a lot
created by a Historic Landmark Lot Split, it has become much less desirable from an
owner's perspective than exercising the rights allowed for mixed use buildings. Two lot
splits approved on Main Street in 2005 have never had a plat recorded because the owners
determined the restrictions were undesirable for them. It is important in terms of HPC
priorities to rework the existing provisions as an incentive for projects to break up their
development rights into smaller, detached, and perhaps individually owned structures
rather than pursuing out of scale additions to the small miner's cottages that dot Main
Street.
The following code amendment proposes to allow any permitted use on a Mixed Use lot
created through a Historic Landmark Lot Split. In addition, the amendment revises code
citations that are no longer accurate.
REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code,
there must be a public hearing and recommendation from the Planning and Zoning
LAND USE CODE AMENDMENTS STAFF REPORT f AGE I
Commission, and a public hearing and affirmative vote by City Council. P&Z reviewed
the code amendment on October 16, 2007 and recommended approval by a 7-0 vote.
The review criteria for code amendments aze located at Section 26.310.040 and are
addressed by Staff in Exhibit A to this memo.
PROPOSED CODE AMENDMENTS
Staff proposes amendments to existing language within the Municipal Code as follows.
New language is underlined and removed language is st":,-.
Amend Section 26.480.030.A.2 to read as follows:
2. Lot split. The split of a lot, which except for Historic Landmark Lot Splits in the
`-`MU Mixed Use Zone District,'-' is for the purpose of the development of one
detached single-family dwelling
T'°~~°--~'-°-' ^ ' °'", where all of the following conditions are met:
a. The land is not located in a subdivision approved by either the Pitkin County
Boazd of County Commissioners or the City Council, or the land is described
as a metes and bounds parcel which has not been subdivided after the adoption
of subdivision regulations by the City of Aspen on March 24, 1969. This
restriction shall not apply to properties listed on the Aspen Inventory of
Historic Landmazk Sites and Structures.
b. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
8(4326.470.060.
c. The lot under consideration, or any part thereof, was not previously the subject
of a subdivision exemption under the provisions of this Chapter or a "lot split"
exemption pursuant to Section 26.470.040 (C)(1)(a).
d. A subdivision plat which meets the terms of this Chapter, and conforms to the
requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional units be built
without receipt of applicable approvals pursuant to this Chapter and growth
management allocation pursuant to Chapter 26.470.
d. The subdivision exemption agreement and plat shall be recorded in the office
of the Pitkin County Clerk and Recorder. Failure on the part of the applicant
to record the plat within one hundred eighty (180) days following approval by
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2
the City Council shall render the plat invalid and reconsideration of the plat by
the City Council will be required for a showing of good cause.
f In the case where an existing ~~°'° F°~~~'° a~°°'l~.:b buildin occupies a site
which is eligible for a lot split, the d"' buildin need not be demolished
prior to application for a lot split.
g. Maximum potential buildout for the two (2) parcels created by a lot split shall
not exceed three (3) units, which may be composed of a duplex and asingle-
family home.
Amend Section 26.480.030.A.4 to read as follows:
4. Historic Landmark Lot Split. The split of a lot that is listed on the Aspen Inventory of
Historic Landmark Sites and Structures which except for Historic Landmark Lot
Tits in the `-`MU Mixed Use Zone District'-' is for the development of one new
single-family dwelling. The Historic Landmark Lot Split shall meet the requirements
of section 26.480.030(A)(2) and (4), ~c.n~n n~ni~) and section
26.415.,'' 110 A of this code, and the following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square feet in size
and be located in the R-6, R-15, R-15A, RMF, or 8 MU zone district.
b. The total FAR for >,°~~.-~er~ each new lot shall be established by dividin
the sire allowable floor area for a duplex or two detached residences on of the
fatherin¢ parcel axd-according to the zone district where the property is located.
The total FAR for each single family and duplex residential development on each
new lot shall be noted on the Subdivision Exemption Plat. When the property is
redeveloped with any allowed uses other than single family or duplex residential,
refer to the zone district for allowable FAR on each lot.
i nFF ,l' ti F Il 1, II ~~l., r.. r4, l~oc~vi
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e
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
TF k 1 / FF 1+ 1, 1 enhe.7 l..f.. Ll.e ... .++ 11 ......
F 11 1. 1, '.~ i ' 1, r a' .:n l.e ......1:,,,1
c. The proposed development meets all dimensional requirements of the underlying
zone district. The variances provided in section 26.415.120(B)(1)(a),(b), and (c)
are only permitted on the parcels that ivi~l-contains a historic structure. The FAR
bonus will be applied to the maximum FAR allowed on the original parcel.
STAFF RECOMMENDATION: Staff finds that the proposed amendment to the
Municipal Code complies with the applicable review criteria and should be approved.
RECOMMENDED MOTION: "I move to approve Ordinance ~, Series of 2007, on
First Reading.
Attachments:
Exhibit A: Amendments to the Land Use Code -Staff Findings
Exhibit B: Planning and Zoning Commission Resolution #29, Series of 2007,
recommending that Council approve amendments to the Municipal code related to
historic preservation.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
EXHIBIT A
Amendments to the Land Use Code
Section 26 310 040 -Standards for Review o~an Amendment to the Text of Title 26: In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: D00S It Compl ? YES
Staff is unaware of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: Does it Com 1 ? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING' DOGS It COmpl ? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING' DOGS It Compl ? YES
The code amendments have no effect on traffic generation and road safety.
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' D08S It COm 1 ? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
STAFF FINDING: D08S It Com 1 ? YES
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 5
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
STAFF FINDING: D00S It Comply? YES
Aspen's physical character is in great part defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process and
good benefits for property owners will allow us to be more successful in protecting
this character, which is vitally important to the economy and livability of town.
Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
STAFF FINDING' Does It COm 1 ? YES
The City has lowered FAR as a disincentive for residential, rather than commercial
uses on Main Street.
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' Does it Com 1 ? YES
Staff finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 6
ORDINANCE N0.
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING SECTION 26.480.030 OF THE ASPEN
MUNICIPAL CODE, SUBDIVISION EXEMPTIONS
WHEREAS, the amendments requested relate to the following Chapter and
Section of the Land Use Code, Title 26 of the Aspen Municipal Code:
26.480.030 -Subdivision Exemptions
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 held a public hearing to
consider the proposed amendments to the above noted Chapter and Section on October
16, 2007, took and considered public testimony and the recommendation of the
Community Development Director and recommended, by a 7-0 vote, City Council
adopt the proposed amendments to the land use code by amending the text of the above
note Chapters and Sections of the Land Use Code, as described herein; and
WHEREAS, the amendments to the Land Use Code are delineated as follows:
•Text being removed is bold red and strikethrough. T ' ''°~-° -°"'°' °'' '°°''°
'c~,;.
•Text being added is bold green and underline. Text beine added looks like this.
^ Text which is not highlighted is not affected.
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Section 26.480.030.A.2 -
Subdivision Exemptions, shall be amended to add and delete the following:
2. Lot split. The split of a lot, which, except for Historic Landmark Lot Splits in the
MU, Mixed Use Zone District, is for the purpose of the development of one detached
single-family dwelling where all of the following conditions are met:
a. The land is not located in a subdivision approved by either the Pitkin County
Board of County Commissioners or the City Council, or the land is described
as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969.
This restriction shall not apply to properties listed on the Aspen Inventory of
Historic Landmark Sites and Structures.
b. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section 26.470.060.
c. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a
"lot split' exemption pursuant to Section 26.470.040 (C)(1)(a).
d. A subdivision plat which meets the terms of this Chapter, and conforms to the
requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further
subdivision may be granted for these lots nor will additional units be built
without receipt of applicable approvals pursuant to this Chapter and growth
management allocation pursuant to Chapter 26.470.
e. The subdivision exemption agreement and plat shall be recorded in the office
of the Pitkin County Clerk and Recorder. Failure on the part of the applicant
to record the plat within one hundred eighty (180) days following approval by
the City Council shall render the plat invalid and reconsideration of the plat by
the City Council will be required for a showing of good cause.
£ In the case where an existing building occupies a site which is eligible for a
lot split, the building need not be demolished prior to application For a lot
split.
g. Maximum potential buildout for the two (2) parcels created by a lot split shall
not exceed three (3) units, which may be composed of a duplex and asingle-
family home.
Section 2•
4. Historic Landmark Lot Split. The split of a lot that is listed on the Aspen Inventory of
Historic Landmark Sites and Structures which, except for Historic Landmark Lot
Splits in the MU, Mixed Use Zone District, is for the development of one new single-
family dwelling. The Historic Landmark Lot Split shall meet the requirements of
section 26.480.030(A)(2) and (4), and section 26.415.110(A) of this code, and the
following standards:
a. The original parcel shall be a minimum of six thousand (6,000) square feet in size
and be located in the R-6, R-15, R-15A, RMF, or MU zone district.
b. The total FAR for each new lot shall be established by dividing the allowable
floor azea for a duplex or two detached residences on the fathering parcel
according to the zone district where the property is located. The total FAR for
each single family and duplex residential development on each new lot shall be
noted on the Subdivision Exemption Plat. When the property is redeveloped with
any allowed uses other than single family or duplex residential, refer to the zone
district for allowable FAR on each lot.
c. The proposed development meets all dimensional requirements of the underlying
zone district. The variances provided in section 26.415.120(B)(1)(a),(b), and (c)
are only permitted on the parcels that wikFcontains a historic structure. The FAR
bonus will be applied to the maximum FAR allowed on the original parcel.
Section 3. Severability.
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. Existing Litigation.
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.
Section 5•
A public hearing on the ordinance was held on the day of _, 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the day of , 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Jim True, Special Counsel
~~~~- ~
Resolutiou No. 29
(Series of 2007)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF ASPEN, COLORADO, RECOMMENDING CITY COUNCIL ADOPT
AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY
OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE:
SECTION 26.480.030, SUBDIVISION EXEMPTIONS
WHEREAS, the Planning Director of the Community Development Department rec-
ommends the following amendments to the Land Use Code; and,
WHEREAS, the amendments requested relate to the following Chapter and Section of
the Land Use Code, Title 26 of the Aspen Municipal Code:
26.480.030 -Subdivision Exemptions
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 condi-
tions, ordenial by the Community Development Director and then by the Planning and Zon-
ing 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 ofthe
proposed amendments, as described herein; and,
WHEREAS, the amendments to the Land Use Code are delineated as follows:
• Text being removed is bold red and strikethrough. T ' ~°~°" -°"'"""'"""'"
like-this=
Text being added is bold green and underline. Text being added looks like
this.
^ Text which is not highlighted is not affected.
WHEREAS, the Planning and Zoning Commission held a public heazing to con-
sider the proposed amendments to the above noted Chapter and Section on September 25,
2007, took and considered public testimony and the recommendation of the Community
Development Director and recommended, by a 7-0 vote, City Council adopt the proposed
amendments to the land use code by amending the text of the above note Chapters and Sec-
tions of the Land Use Code, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Resolution _, Series 2007
Page 1 of 4
Section 1•
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com-
missionhereby recommends City Council amend 26.480.030.A.2 -Subdivision Exemptions,
to add and delete the following:
2. Lot split. The split of a lot, which except for Historic Landmazk Lot Splits in the "MU,
Mixed Use Zone District " is for the purpose of the development of one detached single-
family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977,
where all of the following conditions aze met:
a. The ]and is not located in a subdivision approved by either the Pitkin County Board of
County Commissioners or the City Council, or the land is described as a metes and bounds
parcel which has not been subdivided after the adoption of subdivision regulations by the
City of Aspen on Mazch 24, 1969. This restriction shall not apply to properties listed on
the Aspen Inventory of Historic Landmazk Sites and Structures.
b. No more than two (2) lots aze created by the lot split, both lots conform to the require-
ments of the underlying zone district. Any lot for which development is proposed will
mitigate for affordable housing pursuant to Section ~;47O:g7g(~26.470.060.
c. The lot under consideration, or any part thereof, was not previously the subject of asub-
divisionexemptionunder the provisions of this Chapter or a "lot split" exemption pursuant
to Section 26.470.040 (C)(1)(a).
d. A subdivision plat which meets the terms of this Chapter, and conforms to the require-
ments ofthis Title, is submitted and recorded in the office of the Pitkin County Clerk and
Recorder after approval, indicating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of applicable approvals pursuant to
this Chapter and growth management allocation pursuant to Chapter 26.470.
e. The subdivision exemption agreement and plat shall be recorded in the office of the Pit-
kin County Clerk and Recorder. Failure on the part of the applicant to record the plat
within one hundred eighty (180) days following approval by the City Council shall render
the plat invalid and reconsideration of the plat by the City Council will be required for a
showing of good cause.
f. In the case where an existing single-family dwelling occupies a site which is eligible for
a lot split, the dwelling need not be demolished prior to application for a lot split.
g. Maximum potential buildout for the two (2) parcels created by a lot split shall not ex-
ceed three (3) units, which may be composed of a duplex and asingle-family home.
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning Com-
missionhereby recommends City Council amend 26.480.030.A.4 -Subdivision Exemptions,
to add and delete the following:
4. Historic Landmark Lot Split. The split of a lot that is listed on the Aspen Inventory of His-
toric Landmazk Sites and Structures which except for Historic Landmazk Lot Splits in the
"MU Mixed Use Zone District " is for the development of one new single-family dwell-
ing. The Historic Landmark Lot Split shall meet the requirements of section
Resolution _, Series 2007
Page 2 of 4
26.480.030(A)(2) and (4), ^^''^^ ''~.^''n n~ni~` and section 26.415.'''-~^(A~` 110 A of
this code, and the following standards:
a. The original pazcel shall be a minimum of six thousand (6,000) square feet in size and
be located in the R-6, R-15, R-15A, RMF, or 8 "MU, Mixed Use" zone district.
b. The total FAR for both residences shall be established by the size of the parcel and the
zone district where the property is located. The total FAR for each lot shall be noted on
the Subdivision Exemption Plat.
In the 8f€tse "MU. Mixed Use" zone district, the following shall apply to the calcula-
tion of maximum floor area for lots created through the historic landmark lot split.
Note that the total FAR shall not be stated on the Subdivision Exemption Plat because
the floor area will be affected by the use established on the property:
If all buildings on what was the fathering parcel remain wholly residential in use, the
maximum floor azea will be as stated in the R-6 zone district.
If any portion of a building on a lot created by the historic landmazk lot split is in
commercial/office use, then the allowed floor azea for that lot shall be the floor azea al-
lowed for all uses other than residential in the zone district. If the adjacent parcel cre-
ated by the lot split remains wholly in residential use, then the floor area on that parcel
shall be limited to the maximum allowed on a lot of its size for residential use accord-
ing to the R-6 standards.
If there is commercial/office use on both newly created lots, the maximum floor azea
for all uses other than residential in the zone district will be applied.
c. The proposed development meets all dimensional requirements of the underlying zone
district. The vaziances provided in section 26.415.120(B)(1)(a),(b), and (c)are only per-
mitted on the pazcels that will contains a historic structure. The FAR bonus will be ap-
plied to the maximum FAR allowed on the original pazcel.
Section 3•
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any rea-
sonheld 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.
Resolution _, Series 2007
Page 3 of 4
APPROVED by the Commission during a public heazing on October 16, 2007.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
Dylan Johns, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
Resolution _, Series 2007
Page 4 of 4
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
Vllb
Mayor Ireland and Aspen City Couln~cil/
Sara Adams, Preservation Planner ~JQ1"
~"
Chris Bendon, Community Development Director ~/ ~ 6Z~
November 9, 2007
November 26, 2007
RE: 28 Smuggler Grove Road, Landmark Designation Hearing,
First Reading of Ordinance -#~, Series of 2007 (Parcel 2737-
074-00-018)
Second Reading is scheduled for January 28, 2008.
REQUEST OF COUNCIL: City Council is asked to determine whether the property located at
28 Smuggler Grove Road meets the applicable criteria to be deemed a local landmark and added
to the Aspen Inventory of Historic Landmark Sites and Structures.
' The property owner submitted an application for a determination of potential historic significance on July 13, 2007
under Ordinance #30, Series of 2007.
Revised 11/13/2007
G:\city\Sazaa\28 Smuggler Grove\council stuff\28SmugglerCCfirstreading.doc
Page 1 of 2
property owner submitted an application for designation, a historic lot split and conceptual
approval in 2003, but withdrew the application.
^ Previous actions
The Historic Preservation Commission voted unanimously six to zero recommending that
City Council designate 28 Smuggler Grove Road a local historic landmark.z
DISCUSSION:
Based on a recommendation from the Historic Preservation Commission, City Council is
asked to determine if this property meets the designation criteria listed in Section
26.415.030.B of the Aspen Land Use Code, listed in Exhibit A.
The applicant elected to proceed with an application for a Certificate of Appropriateness
from HPC fora 718 square foot addition and garage to the residence while the
designation review is underway. The HPC found that the proposed design was consistent
with the Historic Preservation Design Guidelines at the Conceptual Review level. The
property must be designated in order for HPC to have purview over the proposed
development.
RECOMMENDED ACTION: "In reviewing the proposal, Staff finds that 28 Smuggler Grove
Road meets the applicable review criteria for an 1880s Mining Era building and recommends that
the property be designated a historic landmark and added to the Aspen Inventory of Historic
Landmark Sites and Structures."
PROPOSED MOTION: "I move to approve Ordinance #~ Series of 2007 upon First
Reading, and schedule Second Reading for January 28, 2008."
CITY MANAGER COMMENTS:
ATTACHMENTS:
A -Review Criteria.
B -Historic Preservation Commission Resolution 39, Series of 2007.
C -Historic Preservation Commission minutes, October 24, 2007.
D -Documentation of 28 Smuggler Grove Road.
E -Integrity Assessment Score Sheet
Z Historic Preservation Commission Resolution 39, Series of 2007, see Exhibit B. Minutes from the Historic
Preservation Commission meeting dated October 24, 2007, see Exhibit C.
Revised 11/20/2007
C:\Documents and Settings\amyg.ASPENPITKIN\Local Settings\Temporary Internet
Files\OLK2B\28 SmugglerCCfirstreading.doc
Page 2 of 2
ORDINANCE NO. S
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING
DESIGNATION Of THE PROPERTY LOCATED AT 28 SMUGGLER GROVE
ROAD, LOT 2, OF THE NKATI SUBDIVISION, CITY OF ASPEN, COLORADO
TO THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND
STRUCTURES
Parcel ID #:2737-074-00-018.
WHEREAS, the City of Aspen initiated Historic Landmark Review to add the property
located at 28 Smuggler Grove Road, Lot 2, Jukati Subdivision, City of Aspen, Colorado,
owned by Jim Byrnes, 28 Smuggler Grove Road, Aspen, to the Aspen Inventory of
Historic Landmark Sites and Structures; and
WHERAS, the Aspen City Council adopted Ordinance #30, Series of 2007 on July 10,
2007, authorizing the Community Development Department to initiate the designation
process without owner consent when deemed appropriate as indicated in the
aforementioned Ordinance; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process
for Designation and states that an application for listing on the Aspen Inventory of
Historic Landmark Sites and Structures shall be approved if City Council, after a
recommendation from HPC and City staff, determines sufficient evidence exists that the
property meets the following criteria:
26.415.030B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmazk Sites acid
Structures, an individual building, site, structure or object or a collection of buildings,
sites, structures or objects must have a demonstrated quality of significance.
The significance of the property located at 28 Smuggler Grove Road will be evaluated
according to the following criteria:
1. A property is deemed significant for its antiquity, in that it is:
a. More than one hundred (100) years old,
b. It possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association given its age; and
WHEREAS, at their regular meeting, based on a recommendation from City staff on
October 24, 2007, the Historic Preservation Commission considered the application,
found the application met or exceeded the review criteria and recommended City Council
approval of the application by a vote of 6 to 0; and
WHEREAS, Saza Adams, in her City Council staff report dated November 9, 2007,
performed an analysis of the application based on the standards, found that the review
criteria had been met, and recommended approval; and
WHEREAS, the City Council finds that the application is complete and sufficient to
afford review and evaluation for approval; and
WHEREAS, the City Council finds that the application meets or exceeds all applicable
standazds and that the addition of 28 Smuggler Grove Road as a historic landmark to the
Aspen Inventory of Historic Landmark Sites and Structures 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 welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
The City Council does hereby approve designation of the property located at, 28 Smuggler
Grove Road, Lot 2, Jukati Subdivision, City of Aspen, Colorado, to the Aspen Inventory of
Historic Landmazk Sites and Structures.
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 construed and concluded under such
prior ordinances.
Section 3•
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of
this ordinance and exhibits in the office of the Pitkin County Clerk and Recorder.
Section 4:
That the Community Development Director is directed, upon the adoption of this ordinance,
to cause the Official Zoning Map of the City of Aspen to be amended to reflect the rezoning
of the subject property as herein described.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6:
A public heazing on the ordinance will be held on the 28`h day of January, 2008, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 8:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26`" day of November, 2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this th day of , 2008.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Exhibit A
DESIGNATION OF HISTORIC PROPERTIES
Section 26.415.030.B, of the City Land Use Code provides criteria for properties to be eligible
for designation on the Aspen Inventory of Historic Landmark Sites and Structures.
26.415.030B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures,
an individual building, site, structure or object or a collection of buildings, sites, structures or
objects must have a demonstrated quality of significance.
The significance of the property located at 28 Smuggler Grove will be evaluated according to the
following criteria:
1. A property is deemed significant for its antiquity, in that it is:
a. More than one hundred (100) years old,
b. It possesses an appropriate degree of integrity of location, setting,
design, materials, workmanship and association given its age; or
Staff Response:
At present, it is not clear exactly where the house was moved from. The Building permit file
indicates that it was moved in 1976, and the 1904 Sanborne maps depicts a building on the
comer of Deane and Monazch Streets with almost identical proportions.Z This assumption is
based on the historic floor plan proportions of 28 Smuggler Grove being different than other
modest miner's cabins in Aspen- and the Sanborn map depicts only one house in Aspen with
similar dimensions at Deane and Monarch Streets.
Based on the style of the structure, and some inspection of framing back in 2003, its construction
date can be placed sometime in the late 1800's. It clearly meets the first standazd for
designation, Section 26.415.030.B.1.a, related to demonstration of antiquity. Staffs Integrity
Assessment Score for this property is 63 (a minimum of 50 points is recommended for
designation) which meets the designation criteria.3
The overall form of this house seems to be preserved. A modest one story addition has been
constructed along the back, affecting the integrity of the rear wall, however, the plan form is
otherwise intact. Many original window openings also appear to exist, although the sash have
been replaced. The exterior siding is new.
Staff finds that the designation criteria are met.
' 1904 Sanbome Map, Exhibit D.
z Staff overlaid a copy of the 1904 sanbome map floor plan over a 2006 aerial photograph of 28 Smuggler Grove to
compare proportions.
3 Integrity Assessment Score Sheet, Exhibit E.
Exhibit A
Revised 11/9/2007
G:\city\Sazaa\28 Smuggler Grove\28SmugglerGroveExhibitA.doc
Page 1 of 1
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
RECOMMENDING APPROVAL OF HISTORIC DESIGNATION AND MAJOR
DEVELOPMENT (CONCEPTUAL) FOR THE PROPERTY LOCATED AT 28
SMUGGLER GROVE ROAD, LOT 2 OF THE JUKATI SUBDIVISION, CITY OF
ASPEN,COLORADO
RESOLUTION N0.39, SERIES OF 2007
PARCEL ID: 2737-074-00-018.
WHEREAS, the applicant, the City of Aspen, 130 South Galena Street, has initiated a
designation application, pursuant to Ordinance 30 Series of 2007, for the property located at 28
Smuggler Grove Road, Lot 2 of the Jukati Subdivision, Aspen Township Addition, City of
Aspen, Colorado; and
WHEREAS, the applicant, Jim Byrnes, has requested Major Development (Conceptual) for the
property located at 28 Smuggler Grove Road, Lot 2 of the Jukati Subdivision, Aspen Township
Addition, City of Aspen, Colorado;
WHEREAS, the property owner, Jim Byrnes, agreed to a concurrent designation review and
Certificate of Appropriateness review by the Historic Preservation Commission of the property
located at 28 Smuggler Grove Road, Lot 2 of the Jukati Subdivision, Aspen Township Addition,
City of Aspen, Colorado;
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for
Designation and states that an application for listing on the Aspen Inventory of Historic
Landmark Sites and Structures shall be approved if City Council, after a recommendation from
HPC, determines sufficient evidence exists that the property meets the following criteria:
26.415.030B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures,
an individual building, site, structure or object or a collection of buildings, sites, structures or
objects must have a demonstrated quality of significance.
The significance of the property located at 28 Smuggler Grove Road will be evaluated according
to the following criteria:
1. A property is deemed significant for its antiquity; in that it is:
a. More than one hundred (100) years old,
b. It possesses an appropriate degree of integrity of location, setting, design,
materials, workmanship and association given its age; and,
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
Exhibit B
HPC Resolution 39, Series of 2007
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Conceptual Major Development Review, the HPC must review the application,
a staff analysis report and the evidence presented at a hearing to determine the project's
conformance with the City of Aspen Historic Preservation Design Guidelines per Section
26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC
may approve, disapprove, approve with conditions or continue the application to obtain
additional information necessary to make a decision to approve or deny; and
WHEREAS, Sara Adams, in her HPC staff report dated October 24, 2007, perfottned an
analysis of the application based on the standards, found that the review standards for designation
had been met and the review standards for Major Development (Conceptual) had been met, and
recommended approval; and
WHEREAS, at their regular meeting on October 24, 2007, the Historic Preservation
Commission considered the application, found the application for designation was consistent
with the review standards and recommended approval by a vote of 6 to 0; and found the
application was consistent with the review standards and "City of Aspen Historic Preservation
Design Guidelines" by a vote of 6 to 0; and,
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends Council approve Historic Designation and recommends approval
for Major Development (Conceptual) for the property located at 28 Smuggler Grove Road, Lot 2
of the Jukati Subdivision, Aspen Township Addition, City of Aspen, Colorado, as proposed with
the following conditions:
1. The applicant shall distinguish the width of the historic home on the south elevation for
approval at Final Review.
2. The applicant shall provide a detailed proposal, including photographs, regarding the
rehabilitation of the front porch for approval at Final Review.
3. The non-historic back deck is approved for demolition.
4. The applicant shall review the west bay window in the historic portion of the residence,
and the placement of new windows shall be carefully considered. Fenestration shall be
reviewed at Final Review.
5. The applicant shall restudy the garage door for review at Final Review.
6. A development application for a Final Development Plan shall be submitted within one
(1) year of the date of approval of a Conceptual Development Plan. Failure to file such an
application within this time period shall render null and void the approval of the
Conceptual Development Plan. The Historic Preservation Commission may, at its sole
discretion and for good cause shown, grant aone-time extension of the expiration date for
a Conceptual Development Plan approval for up to six (6) months provided a written
request for extension is received no less than thirty (30) days prior to the expiration date.
[signature on the following page]
Exhibit B
HPC Resolution 39, Series of 2007
APPROVED BY THE COMMISSION at its regular meeting on the 24th of October, 2007.
Approved as to Form:
James R. True, Special Counsel
Approved as to Content:
HISTORIC PRESERVATION COMMISSION
Michael Hoffman, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
Exhibit B
HPC Resolution 39, Series of 2007
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF OCTOBER 24, 2007
Chairperson Michael Hoffman called the meeting to order at 5:00 p.m.
Commissioners in attendance: Brian McNellis, Sarah Broughton, Nora
Berko, Alison Agley, Ann Mullins and Jay Maytin.
Staff present: Amy Guthrie, Historic Preservation Officer
Sara Adams, Historic Preservation Planner
Kathy Strickland, Chief Deputy City Clerk
Jim True, Special Counsel
MOTION: Ann moved to approve the minutes of Oct. 10`"; as amended by
Brian; second by Nora. All in favor, motion carried.
28 Smuggler Grove, Historic Designation, Major Development -
Conceptual Review, Public Hearing
Affidavit of posting -Exhibit I
Sara said the application is for landmark designation and for major
conceptual development. The City filed the designation process through
Ordinance #30 and the property owner wanted us to do a concurrent
designation hearing and conceptual review knowing full well if his property
wasn't designated he wouldn't really have to come before HPC. This is the
first property that came out of the Ordinance #30 review.
Designation criteria:
Sara said this building was moved from somewhere. The floor plan is
interesting and the front gable end is really long. Sara overlaid a 2006 aerial
photograph over the 1904 Sanborn map and found one floor plan that
matched, Exhibit B in your packet. It is on the corner of Monarch and Dean
St. The cabin is an 1880's miner's cabin. Staff finds that it meets criteria A
and it is over 100 years old. The integrity assessment score was 63 and there
is a rear addition and some window changes. This building is a good
candidate for designation.
Conceptual review:
Sara said the lot is 7,377 square feet and zoned R-15A which is a medium
density building. After the proposed addition if it goes through they will
have 2,029 square feet of un-built floor area. If they are designated they will
be eligible for the 500 square foot bonus. The proposal is for aone-story
modest addition and a garage. The proposal meets most of the guidelines.
Exhibit C
HPC Minutes, October 24, 2007
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF OCTOBER 24, 2007
A small concern for staff is the rear elevation. It is all one plane, so from the
rear it is hard to read the historic width of the building. Staff recommends
that at final there be some kind of material change or undulation in the plan
so you can still read the width of the historic piece. Things that can be dealt
with at final are the proposal to enlarge the windows on the historic home.
They are proposing double hung windows which are appropriate. Leaving
the side windows as they are might be a better idea. We also think moving
the existing light well is totally appropriate. The front porch is proposed to
be restored because it is rotting and we will need photographs and a detailed
plan at final. Staff recommends approval with two conditions: Come up
with a way to distinguish the width of the historic home and a detailed
proposal about the restoration of the front porch.
Jim Burns, owner
Jim said he will do something to distinguish the house. He said he can leave
the windows the way they are. He also agreed to remove some of the design
on the garage because it is too fancy. There is a deck on the back that needs
to be removed because we want nicer landscaping. It is not attached to the
house. We just want a little house to live in, my wife and me. I have had
the house rented and manage the East Elk Creek Ranch and we are ready to
move into town.
Sarah asked if the west facing bay window is historic. Jim said the whole
house was stripped to the frame and everything on the exterior is new.
There is nothing historic on the outside.
Amy said that is probably true and we should probably confirm the window
sizes etc.
Jim said the plan is to take everything out of the house down to the frame.
Sarah said she would like to know the history of the bay window. Sarah said
she is also concerned how the solar tubes will look like from the front of the
house. Jim said his intent is to not have them visible from the front.
Amy asked if any trees on the site are slated to be cut down during
construction. Jim said there are non that will interfere with excavation. One
thing that we might have a problem with is on the west side; there are
foundation leaks and he will have to dig it up and put drain the in and there
are a couple of trees that are pretty close.
Exhibit C
HPC Minutes, October 24, 2007
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF OCTOBER 24, 2007
Brian pointed out that he agreed with the assessment scoring.
Chairperson, Michael Hoffman opened the public hearing.
Steve Huck and Marty Ames -owners of the house across the street at 23
Smuggler.
Steve said he can support getting the cars off the street which is really not a
street but an easement. Jim has been sensitive in the past to lighting issues
and has agreed to do so on this building.
Marty Ames said we have lived here 20 years and watched this house being
rebuilt 3 times. A former owner installed excessive lighting on the house
and it will be nice to have that reduced.
Chairperson, Michael Hoffman closed the public hearing.
Ann said the shingles would look better on the new addition and the old
cottage. They would hold the design together better.
Alison said it would be great if we could find an old photograph.
Ann said if the garage door detailing could look more like the siding of the
house it would fit better.
Sarah said she would be concerned about solid garage doors. Ann suggested
some windows on the garage door on the east elevation.
Jim said it would be fun to make the garage doors look like they are shed
doors.
Recommendations for final 1, 2, 3, in staff's memo.
4. The non-historic deck in the back to be approved for demolished.
5. Review the historic window placement west facing bay window.
6. Explore different options for the garage door, possibly shed doors.
7. Investigate shingles; hopefully a photograph can be located.
Jim said he is fine with all of the recommendations.
4 Exhibit C
HPC Minutes, October 24, 2007
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF OCTOBER 24, 2007
MOTION: Alison moved to approve resolution #39, conceptual
development for 28 Smuggler Grove with the three conditions as stated in
staff's memo and the four recommendations as stated above; second by
Sarah. Roll call vote: Brian, yes; Nora, yes; Alison, yes; Sarah, yes; Ann,
yes; Michael, yes. Motion carried 6-0.
MOTION: Michael moved to adjourn; second by Brian. All in favor,
motion carried.
Meeting adjourned at 8:00 p.m.
Kathleen J. Strickland, Chief Deputy Clerk
5 Exhibit C
HPC Minutes, October 24, 2007
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INTEGRITY ASSESSMENT-19TH CENTURY MINER'S COTTAGE
Integrity is the ability of a property to convey its significance.
• LOCATION Location is the place where the historic property was constructed
or the place where the historic event occurred.
5- The structure is in its original location.
4- The structure has been moved within the original site but still maintains
the original alignment and proximity to the street.
3- The structure has been moved to another site, still within the historic
Aspen townsite.
0- The structure has been moved to a location which is dissimilar to the
original site.
TOTAL POINTS (maximum of 5) = 3 The building has been moved, but is
located in a neighborhood with other relocated historic miner's cabins.
• DESIGN Design is the combination of elements that create the form, plan,
space, structure, and style of a property.
BUILDING FORM
10-The original plan form, based on Sanborne maps or other authenticating
documentation, is unaltered and there aze no recent additions.
8- The structure has been expanded but the original plan form is intact and
the addition(s) would meet the design guidelines.
6- The plan form has been more altered, but the addition would meet the
design guidelines.
4- The structure has been expanded in a less desirable manner, but if the
addition were removed, at least 50% of the building's original walls would
remain.
2- The structure has been expanded and the addition overwhelms the original
structure ,destroying more than 50% of the building's original walls.
0- Two historic structures have been linked together and the original
character of the individual structures is significantly affected.
Staff Response: 5 The plan form appears to be altered at the rear.
ROOF FORM
10-The original roof form and the original porch roof, if one existed, are
unaltered.
8- The original main roof is intact but the porch roof, if one existed, has been
altered.
Exhibit E 1
Integrity Score Sheet
6- Dormers have been added to the structure or additions have been made
that alter the roof form, but the changes would meet the design guidelines.
2- Alterations to the roof have been made in a less sensitive manner, not in
conformance with the design guidelines.
0- Less than 50% of the original roof form remains.
Staff Response: 9 The roof form seems lazgely intact.
SCALE
5- The original one story scale of the building, and its character as a small
cottage is intact.
4- The building has been expanded, but the ability to perceive the original
size of the 3 or 4 room home, is preserved.
3- The building has been expanded and the scale of the original portion is
discernible.
0- The scale of the building has been negatively affected by a large addition,
whose features do not reflect the scale or proportions of the historic
structure.
Staff Response: 4 The building has been expanded at the rear but the scale is
discernable.
FRONT PORCH
10-The front porch is not enclosed and original decorative woodwork
remains, or if there was no porch historically, none has been added.
8- The front porch is enclosed but maintains an open character and some
original materials.
6- The front porch is not original, but has been built in an accurate manner,
per the design guidelines.
2- The front porch has been enclosed and most original materials are gone.
0- The front porch is completely gone or replaced with a porch which would
not meet the design guidelines.
Staff Response: 10 The decorative woodwork of the front porch is intact.
DOORS AND WINDOWS
10-The typical door and window pattern on the original house is intact- two
doors off the front porch, large double hung windows in gable ends, and
tall, narrow double hung windows placed "sparsely" on building walls.
8- Less than 50% of the door and window openings on the original building
are new and the original door and window openings are intact.
2- More than 50% of the door and window openings on the original building
are new and/or some of the original opening sizes have been altered.
0- Most or all of the original door and window openings have been altered.
Staff Response: 6 Some of the windows have been replaced.
Exhibit E 2
Integrity Score Sheet
SIMPLICITY OF DESIGN
5- The overall sense of "modesty" in design and detailing on the original
structure is intact.
0- New, non-historic trim and other decoration have been added to the
building and have altered its character.
Staff Response: 5 The modest sense of miner's residences is apparent.
TOTAL POINTS (maximum of 50) = 39
• SETTING Setting is the physical environment of a historic property.
PROXIMITY TO SIMILAR STRUCTURES
5- The structure is one of a set (at least three) of buildings from the same
period in the immediate area.
3- The building is part of a neighborhood that has numerous remaining
buildings from the same period.
0- The building is an isolated example from the period.
Staff Response: 0 The building was moved to its current location and is not
in close proximity to other historic 19`" century buildings.
HISTORIC LANDSCAPE FEATURES
5- A number of elements of the original landscape are in place, including
historic fences, walkways, plant materials and trees, and ditches.
3- Few or no elements of the original landscape are present, but the current
landscape supports the historic character of the home.
0- The current landscape significantly obscures views of the structure.
Staff Response: 2 The current landscape does not obscure the home.
TOTAL POINTS (maximum of 10) = 2
• MATERIALS Materials are the physical elements that were combined or
deposited during a particular period of time and in a particular pattern or
configuration to form a historic property.
EXTERIOR WOODWORK
10-Most of the original woodwork, including clapboard siding, decorative
shingles in gable ends, trim, fascia boards, etc. remain.
6- Original siding has been replaced, but trim and other elements remain.
4- Original siding is intact but trim or other elements have been replaced.
Exhibit E 3
Integrity Score Sheet
0- All exterior materials have been removed and replaced.
Staff Response: 6 The original siding has been replaced and some
azchitectural details remain.
DOORS AND WINDOWS
10-All or most of the original door and window units are intact.
8- Some window and door units have been replaced, but with generally
accurate reconstructions of the originals.
6- Most of the original windows have been replaced, but with generally
accurate reconstructions of the originals.
0- Windows and/or doors units have been replaced with inappropriate
patterns or styles.
Staff Response: 0 The windows on the front fagade are not typical to miner's
cabins.
TOTAL POINTS (maximum of 20) = 6
• WORKMANSHIP Workmanship is the physical evidence of the crafts of a
particular culture or people during any given period in history or prehistory.
DETAILING AND ORNAMENTATION
5- The original detailing is intact.
3- Detailing is discernible such that it contributes to an understanding of its
stylistic category.
0- New detailing has been added that confuses the chazacter of the original
structure.
0- The detailing is gone.
Staff Response: 3 The architectural detailing is discernible and representative of
a modest miner's cabin.
FINISHES
5- All exterior woodwork is painted and masonry unpainted.
4- All exterior woodwork is painted and masomy is painted.
3- Wood surfaces are stained or modern in appearance but masonry is
unpainted.
2- Wood surfaces are stained or modern in appearance and the masonry is
painted.
Exhibit E 4
Integrity Score Sheet
Staff Response: 5 The exterior woodwork is painted appropriately.
TOTAL POINTS (maximum of 10) = 8
• ASSOCIATION Association is the direct link between an important historic
event or person and a historic property.
5- The property would be generally recognizable to a person who lived in
Aspen in the 19`h century.
TOTAL POINTS (maximum of 5) = 5 The lack of any major alterations
renders this property largely recognizable to a person who lived in Aspen in
the 19`h century.
• BONUS POINTS
UNIQUE EXAMPLE
5-The design of the building is unique or one of a small group among the
miner's cottages. (i.e.It has Italianate or Second Empire detailing.)
OUTBUILDINGS
5-There are outbuildings on the property that were built during the same
period as the house.
MASONRY
5-Original brick chimneys and/or a stone foundation remains.
PATINA/CHARACTER
5-The materials have been allowed to acquire the character of age and aze
obviously weathered.
Staff Response: 0 points.
MAXIMUM NUMBER OF POINTS=100 (and up to 20 bonus points)
MINIMUM THRESHOLD FOR DESIGNATION= 50 POINTS
TOTAL SCORE FOR 28 SMUGGLER GROVE = 63 POINTS
Note: Each area of the integrity analysis includes a description of the circumstances
that might be found and a point assignment. However the reviewer may choose
another number within the point range to more accurately reflect the specific
property.
Exhibit E 5
Integrity Score Sheet
vnc
Memorandum
TO: Mayor and Members of Council
FROM: Tara L. O'Bradovich, Paralegal
THRU: John P. Worcester, City Attorney
DATE OF MEMO: November 19, 2007
MEETING DATE: November 26, 2007
RE: Ordinance No. ~ZSeries 2007 -Fee Increases, First Reading
REQUEST OF COUNCIL: Attached for your consideration and review is a
proposed ordinance that, if approved, would increase the fees charged for certain
services provided by City Departments. Appended hereto please find individual
memoranda from the Department Heads proposing fee increases for 2008. The
Finance Department has provided a spreadsheet depicting the 2007 current fee, 2008
proposed fee, and percentage increase if applicable.
The Fee Ordinance maintains the City's policy of requiring consumers and users of its
programs and services to pay fees that are deemed fair and appropriate for the costs of
providing such programs and services.
DISCUSSION: Each department has provided discussion in their respective
departmental memorandums, please review their attached memos.
FINANCIAL/BUDGET IMPACTS: The increased revenues associated with these fee
increases have been factored in the current budget and will affect future year budgets by
increasing the baseline revenues from which future revenues are forecasted from. There
will be no budget amendment necessary.
Community Development Department will be issuing an Request For Proposals for
professional services in the first quarter of 2008 to complete a comprehensive study on
the fees that Community Development is currently charging, which should result in
recommendations for additional changes.
PROPOSED MOTION: I move to approve Ordinance # _, 2007
CITY MANAGER COMMENTS:
ATTACHMENTS: Exhibit A -Financial Spreadsheet
Exhibit A
_ GOLF 2007 2008 Percent
Proposed
section 2.12.010 Current Fe Fee Chan a Comments
Golf Season Pass
$900.00 $7,000.00 11.1 % Through April t
$1,000.00 $1,200.00 20.0% After Aprill
20 Punch Pass
$450.00 _ _
$475.00 __
5.6%
Through Aprill
$500.00 $525.00 5.0 % After Apol 1
Jr. Golf Pass
18 Hole Greens Fees $115.00
$95.00 $150.00
$95.00 30.4%
0.0 %
(6:30am-1:OOpm)
_
_.._ $75.00 __
$75.00 0.0% (1:OOpm-3:30pm)
$45.00 __._
$45.00
0.0%
(3:30pm-dose)
Senior Greens Fees __$45.00
$22.50 $52.50
$22.50 16.7%
0.0% 18 HOles
9Holes
Junior Greens Fees $45.00 $45.00 0.0% 18 Holes
Special Events $22.50 $22.50 0.0% 9Holes
z.lz.oeo
SPECIAL EVENTS APPLICATION FEES _ __ __ __
User $50.00 _
_ $50.00 0.0% _ _
Npnprptd __
$25.00 _
$25.00 0 0% _
_ _
EVENT FEES
Under SOyeople
50-100 people
Nonprofit organizalions _
$300.00
$200.00
___ $10000
$300 00
$20000 _
_
_ _ N
_ 0.0
_ 0.0% _ _ _
__
_ __ _ __
_ _
101-200 people
Nonproft organzations
201-500 people _
Nonproft org
anaaLOn $500.00
$300.00
__ $1,50000
$30000 $500:00
$30000
$1,500.00
- $300.00 _ 0 0 %
00%
00%
00% ,.
_. _ _ __ _. __ _.
__ _ _ _
_
_ _
__
Over 500 people 82,000.00 $2,00000 __ _
0.0% _ __
_._ _
Nonproft organizations ___
$500.00 $500.00 00% _
Security/clean up deposit $3,000.00 N _
Exclusive use of park $5,000 00 $5,000.00 _ 0.0% _ _
_ _ _
Athletic camps $5.00 _
$500 _
0 0% _ _ Per participant/week: max $750
Athletic tournaments $500.00 $500.00 _
0.0% Per event _ __
Sports classes/day care $5 00 $5.00 0.0% _ Per participant /week: max $750 _
_ _ _ _
__
Npnlocal Classes/Camps
$15.00 _ _
$1500
00%
_ Per partiapant /week: no max
Parks Department fee (or installation
of flags on Main Street
Parks Department fee for installation
of banners on Main Street
$15_00
$15.00
$15.00
$15.00
_ _ 0.0%
0.0 %
Per flag
Per Banner
-Tree removal permN:
Permtt to landscape within Cdy right-o
way $7500
$35.00 $75.00
$35.00 0.0%
0.0%
_ _
__
___
SPECIAL EVENT BUSINESS LICENSE: _
-_..
_ _
__ _ _ -
Oneday $25.00 -
$15.00 -00.0% _ _ _ _ _
_ _ _ _
Two d~s__ _
$25.00 _
$25 00 0.0% _
Exhibit A
Recreation 2007 zoos Percent
-- - Prooosed
Section z.t2.o7a Current Fe Fee Chan a Comments
Gailv Admission: _
Vouth-Resident $7.00 $7.50 7.1% _ _ _ __
Vouth-Guest $14.00 $14.00 0.0%
Adult-Resitlent $9.00 $9.50 5.6%
_
_ __
_
Adult-Guest $16.00 $18.00 0.0%
Senior $7.00 $7.50 7.1% _ ___ _. _
Twilight $5.00 $5.50 70.0% _._ _ _ _
Guest 10 Visit Cab N $115.00 N _
Monthly Pass _ _--
Voulh Resitlent $37.00 $39.00 5.4% _ _
Youth Valley $48.00 $50 00 4.2 % _ _
Atlult Resident $69.00 $71.00 2.9%
_
__ _ _
Atlult Valley -
$75.00 _.
$78.00 4.0 % _ _
Family Resident $137.00 $143.00
_ 4.4%
_
_
- ___
Family Valley
Each Additional $164.00
$15.00 _
$17100
$15.00 4.3%
0.0% _. _ _ _
20 Visit Card
Youth Resident
Youth Valley
Atlult Resident
Adult Valley $97.00
$112.00
$148.00
$164.00 $101.00
$117.00
$151.00
$17100 4.7 %
4.5%
3.4%
4.3% _ _
_. _ _
__ _
6 Month Pass
Youth Resident
$192.00
$200.00
4.2%
- ~ __ _- ~~
_. - _. _ _
_
Youth Valley $228.00 $237.00 3.9% _ _ _ _
Adult Resident _ $243.00 $253.00 4.1%
~
-
Adult Valley _ _
Family Resident _ $295.00
$530.00 _ $307.00
$552.00 4.1 %
4.2% _
_ _
_ ___
Family Valley $816.00 $840.00 3.9% _ _ _ _
Each Atldnlonal $50.00 $50.00 0.0%
~ ~ -
Annual Pass _~ _ _ _
YouthResitlent $354.00 $368.00 4.0% _ _ _
Youth Valley 5408.00 $424.00 3.9 % _ _ _
_
Adult Resident
Atlult Valley $437.00
$525.00 _
__$454.00
$546.00 3.9%
4.0% _
_
Family Resident
- _
Family Valley $954.00
-__
$1,098.00 $992.00
-
$1,142.00 _ 4 0°/a
4.0%
_.
Each Additional $100.00 $100.00 0.0%
Exhibit A
ARC 2007 2008 Percent
Proposed
Current Fe Fee
- Chan a Comments
. _ _.
__
Section 2.12.015 - _ _ _
ARC Meeting Room Rental _ _ _ _
_. _ _
Non-ProPo $54.00 $54.00 _ 0.0% Per HOUr
Corporate $84.00 _
$84.00 0.0 % _ _ Per Hour
Section 2.12.020
Rent Entire Facility Per Hour of Ice Time
Aspen Ice GaNen Negotiated _
Negotiated _
_ N _
_ _ _ _ _ _
Lewis Ice Arena Negotiated Negotiated N
GenerelRental an
d Camps
_
AIG - $213.00 $223.00 4.7% Per HOUr of lce Time
_
LIA
Adult Non-Profit Prime
AIG $223.00
$177.00 $233.00
$187.00 4.5%
5.6% Per Hour of Ice Time
Per HOUr of lce time
LIA
Adult Non-Proft Non-Prime $197.00 $207.00 5.1% Per HOUr of lce time
AIG
LiA
Vouth Non-0roPo Prime $167.00
$187.00 $177.00
$197.00 6.0%
5.3%
_ Per HOUr of lce time
Per HOUr of lce lime
_ _ _.
AIG $172.00 $182.00 5.8% Per HOUr of lce time
LIA
Youth Non Proft Non-Prime $187.00 $197.00 5.3% Per HOUl of lce time
AIG $157.00 $167.00 8.4% Per Hour oflce time
LIA $172.00 $182.00 5.8% Per HOUr of lce time _
Skate Sharpening $5.00 $800 20.0% _ _
Pick-up Hockey, One lime $13.00 $1300 _ 0.0% _ _ Ona lime _
Pick-up Hockey, 10 Punch
Free Style Lessons _
$110.00
$9.00 $110.00
$10.00 0.0%
11.1 % 10 Punch Pass
_ One time Fee
Free Style 20 Punch Pass
Skating Classes $140 00
$71.00 $150.00
$1200 7.1 %
9.1% Good for 20 Sessions _
Per Class _. _
Locker Rental _ _ _ _ _ _ --
_
Monthly $25.00 _
$25.00 0.0%
Weekly $15.00 $15.00 0 0% ,
Ezhibd A
2007 2008 Percent
_
Secion z12.o30 Current F
e Fee Channe Comments _
Youth Swim Lessons: _
_ _
_ __ _ _. - -__.. _
Pass holder
Non Pass holder $52.00
$88.00 _
$54.00
$71.00 3.8
4.4%
Pdvate Swim Lessons: -
Pass holder ~ _
N $26.00 NA _
Non Pass holder NA $31.00 N
Lifeguartl Skill Challenge: $9900 $103.00 4.0% _ __ _ _
LifeguaN Training
CPR Skills Challenge $205.00
$26.00 $213.00
$27.00 3.9%
3.8% _ _ _
_ _ _ ~ _ _ - _
CPR Training _
First Aitl Skills Challenge
First AlD Training $52.00
$28.00
$47.00 $54.00
$27.00
$49.00 3.8 %
3.8 %
4.3% _
_ _ _ _ - _
Kayak Roll Sessions
Waier Polo Drop in
Masters Swim Drop In: $5.00
$3.00
$3.00 $5 50
$3 50
$3.50 10.0 %
16.7%
16.7 % In addition to Admission
In atldilion tc Admission _
In atldilion to Admission
Rentals:
Entire Aquatic Facility (or Proft
Entire Aquatic Facility Non Profd-Adult
$208.00
$167 00
$216 00
$174 00
3.8%
4.2 / _ -
Per Hour
_ Per Hour.
Entire Aquatic Fadlity Non Profll-Yout $146 00 $152.00 4.1% _ Per Hour
Single Pool Rate For Profit
Single Pool Rate Non Profit $78.00
_ $68.00 _ $81.00
$71.00 _3.8%
4.4% Per Hour
_ Per Hour-
_
Single Lana Rental in Lap Pool -Non
Single Lane Rental in Lap Pool - Prof $14.00
$18.00 $1500
$17 00 7.1 %
6.3 % Per Hour
- - Per Hour
Section 2.12.040 _. - -
A
tlultProgrems _. _. _ -.
_ _
_
Adult Basketball-Drop in __
$5.00 _
NA _
NA _ - -
Adult Volleyball-Drop in $5.00 N N
Mens Rec Basketball $678.00 $702.00 3.8% _ -
Mens Soccer $938.00 _ $974.00 4.1 % _ - - _ _ _
_
Atlull Soccer $535.00 NA N _ _ _
_
Adult Softball-Mens League $858.00 _
$892.00 4.0% -
Adult Softball-Coed League
Adult Flag Football
Vouth Programs $721.00
$312.00 _ $750.00
$395.00 4.0%
26 6% __ _ _ _ _
- _.
_. --
--_.
Vouth Baseball
T-Ball
Girls Softball
Day Camp
One Tirne Activity Fee
$102.00
$57.00
$102.00
$29.00
$29.00
$106.00
$59.00
$106.00
$30 00
$30.00
3.9%
3.5%
3.9%
3.4 %
3.4 %
_ _ _ _
_ _ __ _ _ _
_
_ _
Guest Fee $40.00 $50.00 25.0% _ _.
Sailing $384.00 $540.00 484% _.
_
Tennis Lessons MAN/F $72.00 $75.00 4.2 % 6 hours -Inflationary Increase _ _
Tennis Lessons Tu/fh $52.00 $54.00 _
3.8 % 4 hours -Inflationary Increase
Tennis Team _
$364.00 $540.00 48.4% 80 hours -Inflationary Increase
Tennis Clinics $14.00 $15.00 ~7.1%
Tennis Court Rental Fees $8.00 $9.00 12.5% -
Youth Track $44.00 $44.00 0.0% 2 hours/®7 wks -Inflationary Increase
Exhibit A
2007 2006 Percent
_ Proposed
section z.lzoao Current Fe Fee Chan a Comments .
Youth Inlramurols
_. (50 min. ®5wks) -Inflationary Increase. _ _
Kickba111sV2ntl Grotle $42.00 $44.00 4.8% ._ _ __._ _
_
Kickball 3rd/4th Grade _ _
$42.00 $44.00 4.8% _ _ _ _
Floor Hockey 1stl2nd Grotle _ _
~ $31.00 _
_ _ $32.00
~ 3.2% _ __ _
Floor Hockey 3rd/4th Grade _ $31.00 $32 00 3.2% _ _
-- - -
GYm OIYmPics $31.00 _$32.00 3.2% __.
Youth Soccer $82.00 $85.00 3.7 % 8-9 yrs (3 hrs/wk ®6 weeks) -Inflationary Increase _ _
Vouth Soccer-Kindergarten $43.00 $45.00 4.7% _ (2 hrsM1vk~S wks) -Inflationary Increase
Youth Basketball $62.00 N N Grades 1-8 {2 hrshvk(~ 7wks) -Inflationary Increase
Gymfants $31.00 $32.00 3.2% _
ParenVTOt $47.00 $49.00 4.3% _
-Tots _
Gymnastics-beginner 1 daylwk - N
$60.00 $49.00
$62.00 NA
3.3% __
_. _ _ _ _
Gymnastics-Beginner 2days/wk $104.00 $108.00 3.8%
Gymnatics-Int. itlay/wk $81.00 $84.00 3.7% _
Gymnastics-Int 2tlays/wk $125.00 $130.00 40% __ _ ___
_
Gymnastics-Beginner Boys $52.00 _
$54.00 3.8%
Gymnastics-Beginner Boys 2x/wk
Gymnatics-Int.boys $8300
$81.00 $88.00
$84.00 36%
37%
Gymnastics-Int Boys 2tlays/wk $125.00 $130.00 4 0 % _ _
_
Gymnastics-Atlvanced Boys _ $125.00 _
_$130.00 _
4.0% _
_ _ _ _ _
Gymnastics-Super Tots (4-5 yrs) $47.00 $49.00 4.3%
Gymnastics-Hot Shots
Gymnastics-Level4 $133.00
$155.00 $138.00
$182.00 38/
17.4°a
_.. _..
Gymnastics-Leve15863x/wk $17500 $182.00 4.0%
Gymnastics-Leve15865x/wk _ $185.00 _ $192.00 3.8%
Gymnastics-Leve15864x/wk $195.00 $203.00 4.1%
Gymnastics-Levels 7,8,9,10 _ $22500 $234.00 40% _ _ __ _
Bi Air (TeensB Adulis) $fi2.00 $65.00 4.8% __
_
_
Climbing Wall ~_ __.__
Be Rock Rats $87.00 _ $70.00 _4.5% _ _ __
Boulder Rats $87.00 $0.00 -100.0 % _
-- --
InVAdv Climbing ~ $77.00 $80.00 _ 3.9% - -
Beg Ages lO+ -- $5400 $5600 _ 3.7%
__
_ _
JrRats $27.00 $28.00 3.7%
Trapeze $62.00 $65.00 4.8%
Gymnasium Rental-l hour $54.00 $56.00 3.7%
Police Department
___
Section 2.12.050 (al: _
Accident Reports, per search
__
__
$6.00
6,00
.0 %
_ _-
_ ._
Case reports and coroner reports, per
Search _ _
$6.00
$6.00
0.0
Per Cgpied page $100 _
$1.00 _
0.0% _.
__
_
Arrest history and background checks
per search _
$8.00 _.
$6.00
0.0%
Mi<reflm Search $10.00 $10.00 _0.0% _
~~ ~ ~ ~
Per co ip ed page $2.00 $2.00 0.0% _
__ _ _
Per 8x10 $15.00 $15_00 0.0% _ _ _
__
Communications logging _
$25.00 $25.00 0.0 % Search Der hour
Per autlio CD $15.00 $15.00 0.0 % _ _ Change from cassette tape_ _
_
Case Re ort/ACCident Photos 15.00 1500 0.0% NA
Exhibit A
-
2007 2008 Percent __
Section z.lz.o5o rot: Current Fe Fee hen a Comments
Annual Alarm PennA Fees $100.00 $104.00 4.0% Inflationary Increase
False Alarm Fines $104.00 $10800 3.8% First false alarm Ane
_
False Alarm Fines (2nd One) $208.00 $218.00 3.8% _ __ Second false alarm fine
False Alarm Fines (3rdi) $312.00 $325.00 4.2% Third and up false alarms _
False Alarm Fines (banks) $332.00 $345.00 3.9% False alarm for banks _
Late Fees $11.50 $12.00 4.3% Inflationary Increase _
Cemrol Alarm License Fee ~ $293.00 $293.00 0.0 % Inflationary Increase
Vehicle Inspection Fee $17.00 $17.00 0.0% Inflationary Increase
Certifetl VIN Inspection _
$20.00 $20.00 0.0% _ Fee set by the State of Colorado _
~
OR Duty Security per OKcer per hour $83.00 $86.00 3.fi% Infl_alionary Increase
_
Notary Fees, Per Acknowletlgement
_ $2.00 $2.00 0.0% ~ Fee sat by the State of Colorado _
Annual Dog Tags $15.00 $15.50 3.3% Inflationary Increase _ _
Transfer Fee _
$15.00 _$15.00 0.0% __ Inflationary Increase _ _
Replacement Tag $3.50 _ $350 __ 0.0%
Engineering
Section 2.12.051
Groin One - PermA Fee
Encroachmem License application
and processing fee
$330.00
$303.00
_. _ 3.9 %
_ _.. _
_
Vacation application and processing
(ee _
3
30.00
$ _
$343.00
3.9%
_ _ _ _ __ _ ___
Right-of-way permit application and
processing fee (waived far sidewalk
replacement) _
.
$330.00
$343.00
3.9%
.
Group Two-Right of Way rental fee __ __ _
Temporary occupation of ROW under
encroachments by commercial
operations -per square foot _ _
$2.50 __
$2.50 _
0.0%
_ Per Month _ _
_
_
Permanent Encroachment Fee _
N __
$1,000.00 NA Per permA _.
Temporary occupation of ROW under
encroachments within the core by
commercial operations-per square
NA
$5.28
_ NA
Per_M_onth _
Temporary occupation of ROW under
encroachments outside the core by
commercial operations-per square
Group Three -Prints antl Publ¢ation Fee _
NA
_ __
$2.84
_
N
_ _ __ Per MOnth _
__.
- -
MapandPlanprinting $0.50 _
$400 7000% _ __ Per coPY __ __ _
_
Technical Stantlards, specifcations
antl detailed _
$5000 - - _._
N
N -
Environmental Health
Section 2.12 052'.
Special or Temporary Even(POOtl Plan
Review $44.00
46.OP
.5% _
Inflationary Increase
Special or Temporary Event Food
Inspection Fee
Construction Noise Variance
Swimming Pool Plan Review or
inspection Fee
$44.00
$44.00
$74.00
$46.00
N
$77.00
4.5%
N
4.1 %
Inflationary Increase
__
Houdy rate -Inflationary increase
_
Restaurant Site Inspection fee _
$77.00 _
$77.00 0.0 % HoWy rata -Inflationary Increase _
_ _
Food Safety Training $77.00 _ $80.00 3.9% Houdy mte -Inflationary increase
- - - _ - - -
iew
Restaurant Plan Re --
$355.00
$355.00
0.0% Fee is set by state statute and cannot De raised. This fee tloes
not corns close to covering our casts.
v
-- - -
Food Service License vanes from
$154 to $343 vanes from
$154 to $344 ee is set by slate statute an cannot be raised. This fee does
not Cover our costs. Fee varies by size of restaurant.
Exhibit A
2007 2008 Percent
Proposed
section 2.12.mo Current Fe Fee Chan a Comments _
_
International Building and ResideMlal
Code Permit fees __
_
Total Valuation _ _ _
~ ~~
$1 to $2,000 _ _
$51.50 $53.50 3.9 %
$2,001.00 to $25,000.00 _ _
$101.75 101.75 0 0 % Plus $1fi.25 for each atltlitional $1000
$25,001.00 to $50,000 $475.50 $475.50 0.0 % Plus $11.75 for each addtional $1000
$50,001.00 to $100,000
$100,001.00 to $500,000 $769.25
$1,174.25 $769.25
$1,174.25 0.0%
0.0% Plus $8.10 for each addhional $1000
Plus $6.75 for each additional $1000/ Incremental inOfeasetl by
$0.25
$500,001.00 to $1,000,000
$1,000,001 and up
$3,774.25
$8,668.45
$3,874.25
$6,874.25
2.8%
3.1 % Plus $6.00 for each additional $1000/ Incremental increased by
$0.20
Plus $5.65 for each atld'Rional $1000/ Incremental increased by
$0.25
Inspections outside normal hours $250.00 _ $260.00 4.0% For 2 hour Inspection
~
Reinspection Fees $75.00 $80.00 6 7 % Per Hour Charge
_
Inspection for which no Fee Specifically
Indicated _
_ $125.00
$130.00 _
4.0%
Per Hour Charge
Addtional Plan Review Required by
Changes
Energy Cade Fee
$75.00
$25.00
$80.00
$30 00
- - _.
6.7%
20 0°/a
_. Per HOUr Charge _
_
Contractor Licensing Fees
Best Test Fee
_ __ _ _
Unlimited $725.00 $130.00 _
4.0% _
_ _ _
Commercial $100.00 $105.00 5.0%
Light Commercial - _.
$75.00
$80.00
87%
_ _ _ __
Homebuilder $60.00 $65.00 8.3%
Renewal $50.00 $55.00 10.0%
Specialty
Geneal Contractor
Intital
lyear renewal $50.00
$265.00
$200.00 $55.00
NA
NA 10 0%
NA
N _ _ _
Discountinued
Discountinued
3 year renewal $400.00 $415.00 3.8 % _.
_ _
Monthly Prorated N $11.53 NA _
General Contmctor (commercial)
Intital $285.00 NA N Discountinued
1 year renewal
3year renewal $200.00
$400.00 NA
$415.00 N
3.8 _ _ Discounbnuetl _ _
Monthly Prorated NA $11.53 N _
General Contactor (light commercial)
Intital
$285.00
N
N _.
Discountinued
1 year renewal
3 year renewal $200.00
$400.00 NA
$415 00 N
3.8 % Discountinued
_
Monthly Prorated N $11 53 NA _
General Contractor (homebuiltleq
Intital
$100.00
N
N _ __ __.
Discountinued
1 year renewal $65.00 N N Discountinued
3year renewal
Moninly Prorated $130.00
N $135.00
$3.75 3.8%
NA _
Specially (subcontactors) _ _ , _ _
~
Alteration and Maintenance _
_
Intital $100.00 NA _
NA Discountinu
-
1 year renewal $65.00 --
N N _ Discountinued _ _
_
3year renewal _
$130.00 $135.00 3.8%
Monthly Prorated NA $3.75 N
Exhibit A
2007 2008 _ Percent
_
~ _ Prooosed
Mechanical CurrentF Fee Chan a Comments
__
_
Intital _ $100.00 NA N Discountinued _
l year renewal $85.00 _ NA NA Discountinued
_.
3 year renewal _
$130.00
$135.00
3.8 %
~
Monthly Proratetl NA $3.75 N _
. _
Roofng _ _ _
IntAal $100.00 _
N N Discountinued _
lyear renewal $6500 N N Discountinued
3 year renewal $130.00 $135.00 3.8%
~~
Monthly Proratetl -~-N $3.75 N _..
Historical Preservation _
_
Intital $100.00 NA NA Discountinuetl
- _
1 year renewal _ _ _.
$65.00 _
N
NA
Discountinued
3 year renewal $130.00 _$135.00 3.8% _ _ _ _ _
Monthly Prorated
Concrete
Intital N
$100.00 $3.75
N NA
N
Discountinued
1 year renewal
3 year renewal $85.00
$130.00 N
$135.00 N
3.B% _ Discountinue0
_ _
Monthly Prorated N $3.75 N __ __
Gas Appliance Installers
Intital
$100.00 _
NA
NA
Discountinued _ _
tyear renewal $65.00 NA N Discountinued
3 year renewal $130.00 $135.00 3.8 % __ _ _ _
Monthly Prorated N $3.75 _ N
Solid Fuel Appliance Installers _ _ ___ _
Intital $100.00 N N Discountinued
t year renewal $65.00 N N Discountinued
.. __ _-
3year renewal $130.00 $135.00 3.8%
_
Monthly Proratetl N $3.75 N _ _ _
Fire Alarm Installation _.
Intital $100.00 NA NA Discountinued
-.
1 year renewal
3year renewal
Monthly Prorated
$65.00
$130.00
NA -
NA
$135.00
$3.75
NA
3.8°/,
N
Discountinued
Fire Suppression Installation _ _ _
_ Intital
1 year renewal
$100.00
$65.00 __.
N
NA __. _
__ N
N _
Discountinue0
Discountinued
3 year renewal
Monthly Pmreted $130.00
N $135.00
$3.75 3.8%
NA
Building Mechanical Permit Fee, All
Types (AMC 12.12.100(b)(c)
8.75
9.50
8.6 % AI ypes, increase an Average o(4 % per F~ fiom 2007
Rates
EzhiD'n A
2007 2008 Percent
-_. ...
Proposed
Section 2s.oa.oso Current Fe Fee Chan a Comments
_
Land Use Application Fees _ _ _ __ __.. _.
1. All Major ADPlications $2,820.00 _ $2,940.00 4.3% __ _ _ _ _ _
~
_ _
2. All Minor Applications _
$1,410.00 $1,470.00 4.3% _ _ _
_ _
3. Staff Approvals 5705.00 $735.00 4.3%
4. Flat Fee $580.00 $590.00 6.4% _ _ _
5. Referral Fees
Eng. Minor Review
Eng Major Rev. $204.00
$391.00 $212.00
$410.00 3.9 %
4.9% _ _ _ _ _
Env. Health Maj Review $391.00 $410.00 4.9% _ _ _
Housing Minor Review $204.00 $212.00 3.8 %
Housing Major Review $391.00 $410.00 4.9% __
Parks Minor Review $204.00 $212.00 3.9 % _ _ _
Parks Major Review $391.00 $410.00 4 9% _
6. Development Ober Recordation Fee $40.00 $45.00 12.5% _
_._ -_.
7. Appeals of Adven:e Decision req.
Board Review
Houtly Rate
8. Land Use Code Interpretations
9. Appeals Of Land Use Code
Interpretations
Houdy Rate
$705.00
$235.00
$50.00
$705.00
$235.00
$735.00
$245.00
$50.00
$735.00
$245.00
4.3%
43/
0.0 %
4.3%
4.3%
_
_
Section 26.04.070
_.
Historic Preservation Application Fees __- _ _.
___.
1. Designation $0.00 $0.00 _
2. Exempt Development $0.00 $0.00 _ _ _ _ _ _
3. Certificate of No Negative Effect: ~ $235.00 $245.00 4.3%
4. Minor Dev. Certificate of
Appropriateness
$705.00
$735.00
4.3%
Ft $1,410.00 $1,47000 4.3% ___
5. Si9nifcanl Development >1k sq Ft $2,820.00 $2,940.00 43% _ _ __ _
s. Demo 8 Offsite Relocations Only: _
$2,820.00 $2,940.00 4.3
7. lnsub. Amend to Approved Cert. of
Approp.
$0.00
$0.00
_ __ __ _ __
e. Subst. Amend to Apprdv~o(
Approp.: - _
$705.00
$735.00
4.3%
EzhibX A
2007 2008 Percent
Prooosed
Seotlon 26.04.080 Current Fe Fee Ch
an
e Comments _
9. Appeals or Call up o(Any HPC
Decision:
$705.00 _
$735.00 _
_
_
4.3% _
___
Hourly Rate $235.00 $245.00 4.3%
Section 26.104.072
Zoning Fees: __ _
_
A. Resitl./Ag/ Pub Uses w/in Public
Zone'
_. _-
1. Bear Proof Trash Container $55.00 $60.00 9.1%
2. Manuf. Hs9 w/o Basement $120.00 $125.00 4.2%
3. Manuf Hsg w/Basement $120.00 $125.00 4.2%
~- ~~ ~ ~
Repair./Remotlel:
- _$120.00 -- $125.00 4.2% _
_ _
_
>500 sq R _
$120.00 $125.00 4.2% Plus .21 per sq ft over 500
>3500 $750.00 $780.00 4.0 % Plus .36 per sq fl over 3500 _.
>10,000 5q fl. _ _
$3,025.00 $3,150.00 4.1 % _ Plus .40 per square fool
B. Non-Residential _ _ _
_
1. Bear Proof Trash Container $55.00 $80.00 9.1%
2. New Work 8 Ma1or Repair./Remodel: $120.00 $125.00 4.2% _ _
>500 sgfl $120.00 $125.00 4.2% Plus .36 per sq Raver 500 _ _ _
_.
___ _ _ __
>5,000 sq R $1,740.00 $1,810.00 4.0 % Plus .70 Der sq R.
__ _ - _''.
>10k
3. Minor Repair/Remotlel and Change
Orders $5,240.00
$120.00 $5,450.00
$125.00 4 0 %
4.2% Plus .75 per sq R over 10,000
C. Zoning Enforcement Fees
Penalty Provision
$705.00
$735.00
4.3%
3. Sign Permits $75.00 $80.00 6.7% _
4. Fence Permits $75.00 $80.00 6.7 % _ _
5. BoaN Of Adjustment fees _
$265.00 $245.00 -7.5% _ 3Hour Mlnlmum ___
Review
7. Banner Installation Fee $75.00
$55.00 $80.00
$60.00 6.7%
9.1
ORDINANCE NO.
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN
TO INCREASE CERTAIN MUNICIPAL FEES
WHEREAS, the City Council has adopted a policy of requiring consumers and
users of the miscellaneous City of Aspen programs and services to pay fees that fairly
approximate the costs of providing such programs and services; and
WHEREAS, the City Council has determined that certain fees currently in effect
do not raise revenues sufficient to pay for the attendant costs of providing said
programs and services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1.
That Section 2.12.010 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Municipal Golf Course user fees, is hereby amended to read as
follows:
2.12.010 Aspen Municipal Golf Course.
Season Pass Rates $1,000.00 through April 1
$1,200.00 after April 1
20 punch pass $475.00 through April 1
$525.00 after April 1
Jr. Pass Rates $150.00
Green Fee Rates $95.00 6:30 - 1:00 PM
$75.00 1:00 - 3:00 PM
1
$45.00 3:30 -close
Local Senior Green Fee Rates
$52.50 for 18 holes
$22.50 for 9 holes
Jr. Green Fee
Section 2.
$45.00 for 18 holes
$22.50 for 9 holes
That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Parks Department fees, is hereby amended to read as follows:
2
EVENT `FEE
SPECIAL EVENTS APPLICATION FEES
User $ 50.00
Nonprofit 25.00
EVENT FEES:
Under 50 people 100.00
50-100 people 300.00
Nonprofit organizations 200.00
101-200 people 500.00
Nonprofit organizations 300.00
201-500 people 1,500.00
Nonprofit organization 300.00
Over 500 people 2,000.00
Nonprofit organizations 500.00
Security/clean up deposit 3,000.00
Exclusive use of park 5,000.00
Athletic camps $5.00/participanUweek;
max. $750.00
Athletic tournaments $500.00/event
Sports classes/day care $5.00/participation/week;
max. $750.00/
Nonlocal Classes/Camps $15.00/participants/week;no
max attach registratio
form material to include price
Parks Department fee for installation of flags on Mai
Street 15.00/flag
Parks Department fee for installation of banners o
Main Street 15.00/banner
I
Tree removal permit: 75.00
Permit to landscape within City right-of--way 35.00
FILMING:
STILL VIDEO
~ 1-2 people, camera & tripod only O 0
3-10 people 50.00 50.00
11-30 people 150.00 250.00
31-49 people 250.00 500.00
50 and over 750.00/day 750.00/day
SPECIAL EVENT BUSINESS LICENSE:
One day 15.00
Two days 25.00
4
EVENT FEE
SPECIAL EVENTS APPLICATION FEES
User $ 50.00
Nonprofit 25.00
EVENT FEES:
Under 50 people 100.00
50-100 people 300.00
Nonprofit organizations 200.00
101-200 people 500.00
Nonprofit organizations 300.00
201-500 people 1,500.00
Nonprofit organization 300.00
Over 500 people 2,000.00
Nonprofit organizations 500.00
Security/clean up deposit 3,000.00
Exclusive use of park 5,000.00
Athletic camps $5.00/participant/week;
max. $750.00
Athletic tournaments $500.00/event
Sports classes/day care $5.00/participation/week;
max. $750.00/
Nonlocal Classes/Camps $15.00/participants/week;no
max attach registratio
form material to include price
Parks Department fee for installation of flags on Mai
Street 15.00/flag
Parks Department fee for installation of banners o
Main Street 15.00/banner
Tree removal permit: 75.00
Permit to landscape within City right-of--way 35.00
FILMING:
11
1-2 people, camera & tripod only
3-10 people
I1-30 people ~, Ste[ 2Stj
31-49 people ~ 7J~`l~ ~!~
50 and over
SPECIAL EVENT BUSINESS LICENSE:
One day 15.00
Two days 25.00
Section 3.
That Section 2.12.014 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Recreation Department FUN pass fees, is hereby amended to
read as follows:
2.12.014 Recreation Department Fun Pass
The Recreation Department shall issue Fun Passes that provides access to the holder of
such a pass to the following facilities and activities: use of the James E. Moore Pool,
public or open skating at the Lewis Ice Arena or Aspen Ice Garden, use of the climbing
wall at the Red Brick Recreation Center, fitness classes held at the Red Brick
Recreation Center, aquatic fitness classes at the Aspen Recreation Center, tennis court
rental and usage at the Aspen Tennis Center. Usage, participation and access to the
above activities may be limited to certain times and dates as indicated on the pass.
DAILY ADMISSION
Youth-RFV Local 7.50
Youth-Guest 14.00
Adult-RFV Local 9.50
Adult-Guest 16.00
Senior 7.50
Twilight 5.500
Guest 10 visit Card 115.00
FUN Passes
20 Visit Youth -Resident 101.00
20 Visit Youth -Valley 117.00
20 Visit Adult -Resident 151.00
20 Visit Adult -Valley 171.00
1 Month Youth -Resident 39.00
1 Month Youth -Valley 50.00
1 Month Adult -Resident 71.00
1 Month Adult -Valley 78.00
1 Month Family -Resident 143.00
1 Month Family -Valley 171.00
6 Month Youth -Resident 200.00
6 Month Youth -Valley 237.00
6 Month Adult -Resident 253.00
4
6 Month Adult -Valley
6 Month Family -Resident
6 Month Family -Valley
307.00
552.00
640.00
1 Year Youth -Resident 368.00
1 Year Youth -Valley 424.00
1 Year Adult -Resident 454.00
1 Year Adult -Valley 546.00
1 Year Family -Resident 992.00
1 Year Family -Valley 1142.00
Each additiomzl family member above 4
1 Month 15.00
6 Month 50.00
1 Year 100.00
Section 4.
That Section 2.12.015 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth Aspen Recreation Center fees, is hereby amended to read as follows:
2.12.015 Aspen Recreation Center
Meeting Room rental
Nonprofit Use 54.00
For profit use 64.00
Exclusive Use of Facility
Nonprofit use Negotiable
Corporate use Negotiable
Section 5.
That Section 2.12.020 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Aspen Ice Garden and Lewis Ice Arena, is
hereby amended to read as follows:
Sec. 2.12.020 Aspen Ice Garden and Lewis Ice Arena
5
ICE RENTAL & USAGE RATES
Entire Facility Rental
Aspen Ice Garden (AIG) Negotiable
Lewis Ice Arena (LIA) Negotiable
General Rental & camps
AIG 223.00
LIA 233.00
Adult Non-Profit Prime Ice
AIG 187.00
LIA 207.00
Adult Non-Profit Non-Prime Ice
AIG 177.00
LIA 197.00
Youth Non-Profit Prime Ice
AIG 182.00
LIA 197.00
Youth Non-Profit Non-Prime Ice
AIG 167.00
LIA 182.00
Skate Shazpening 6.00
Pick Up Hockey 13.00
10 Punch Card pick up hockey 110.00
Free Style Sessions 10.00
Free Style 20 Punch Pass 150.00
Skating Classes 12.00
LOCKER RENTAL
Monthly 25.00
Weekly Camps 15.00
6
Section 6.
That Section 2.12.030 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth leisure and recreation user fees, is hereby amended to read as follows:
2.12.030 James E. Moore Pool
Youth Swimming Lessons
Pass Holder 54.00
Non Pass Holder 71.00
Private Swim Lessons
Pass Holder 26.00
Non Pass Holder 31.00
Lifeguard Skills Challenge 103.00
Lifeguard Training 213.00
CPR Skills Challenge 27.00
CPR Skills Training 54.00
151 Aide Skills Challenge 27.00
ls` Aide Training 49.00
Kayak Roll Sessions 5.50 plus admission
Water Polo Drop Ins 3.50 plus admission
Masters Swim Drop In 3.50 plus admission
Rentals
Entire Aquatic Facility for Profit 216.00
Entire Aquatic Facility Non-Profit-Adult 174.00
Entire Aquatic Facility Non-Profit-Youth 152.00
Single Pool Rate For Profit 81.00
Single Pool Rate Non-Profit 71.00
Single Lane Rental in Lap Pool Non-Profit 15.00
Single Lane Rental Lap Pool -For Profit 17.00
Section 7.
That Section 2.12.040 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth leisure and recreation user fees, is hereby amended to read as follows:
7
2.12.040 Miscellaneous leisure and recreation fees
GYMNASTICS
Beginner 62.00
Beginner 2 days/week 108.00
Intermediate 84.00
Intermediate 2 days/week 130.00
Beginner Boys 54.00
Beginner Boys 2 days/week 86.00
Intermediate Boys 84.00
Intermediate Boys 2 days/week 130.00
Advanced Boys 130.00
Super Tots (4-5 yrs) 49.00
Hot Shots 138.00
Leve14 182.00
Level 5 & 6 - 3 days/week 182.00
Level 5 & 6 - 4 days/week 192.00
Leve15 & 6 - 5 days/week 203.00
Levels 7, 8, 9, 10 234.00
Big Air (Teens & Adults) 65.00
Parent/Tot (1.5-3 yrs) 49.00
Tots (3-5 yrs) 49.00
Gymfants (10 mo - 2 yrs) 32.00
SOFTBALL/BASEBALL
Youth Baseball 106.00
Tee-Ball 59.00
Girls Fastpitch Softball 106.00
DAY CAMP
Day Camp 30.00/day
1 time activity fee (local) 30.00/day
1 time activity fee (guest) 30.00/day
Guest Fee 50.00/day
TENNIS
Monday/Wed/Friday (6 hours) 75.00
Tuesday/Thursday (4 hours) 54.00
Team (60 hours) 540.00
Tennis Clinics 15.00
Tennis Court Rental Fees 9.00
SAILING
Sailing 540.00
8
CLIMBING WALL
Beginner Rock Rats 70.00
Boulder Rats 70.00
Intermediate/Advanced Climbing 80.00
Beg. Ages 10+ 56.00
Jr. Rats 28.00
YOUTH INTRAMURALS (50 MINUTES for 5 WEEKS)
Kickball 15`/2nd Grade 44.00
Kickball 3`d/4d' Grade 44.00
Floor Hockey 151/2"d Grade 32.00
Floor Hockey 3`d/ 4d' Grade 32.00
Basketball 151 / 2"d Grade 32.00
Basketball 3`d / 4d' Grade 32.00
Gym Olympics 32.00
YOUTH SOCCER
Kindergarten (2 hours/week @ 5 weeks) 45.00
6 to 9 years (3 hours/week @ 6 weeks) 85.00
YOUTH BASKETBALL (Grades 1 though 8)
Kindergarten 44.00
(2 hours/week @ 7 weeks) 64.00
TRACK
Track 15 & Under 44.00
ADULT PROGRAMS
Mens Softball 892.00
Co-Ed Softball 750.00
Adult Flag Football 395.00
Mens Basketball 702.00
Mens Soccer 974.00
Womens Soccer 555.00
Drop In Basketball 5.00
Drop In Volleyball 5.00
Trapeze (1 day/week) 65.00
Gym Rental/hour 56.00
Section 8.
9
That Section 2.12.050 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Aspen Police Department, is hereby amended
to read as follows:
2.12.050 Aspen Police Department Fees
LAW ENFORCEMENT RECORDS
Accident Reports, per Report 6.00
Case reports per search 6.00
Plus per copied page 1.00
Arrest history and background checks, per search 6.00
Microfilm search per page 10.00
Plus per copied page 2.00
Photograph copies Per 8" x 10" 15.00
Communications logging, search per hour 25.00
Per Audio CD 15.00
Case Report/Accident Photos, per photo CD 15.00
ASPEN POLICE DEPARTMENT
Alarm user permit fee 104.00
First false alarm per year 108.00
Second false alarm per year 216.00
Third and fourth false alarm per year 325.00
All bank alarms 345.00
Late fees 12.00
Central alarm license fee 293.00
Vehicle inspection 17.00
Certified VIN inspection 20.00
Off-duty security, per officer, per hour 86.00
Notary fees, per acknowledgement 2.00
DOG VACCINATION AND LICENSE FEES:
Annual dog tag fees 15.50
Transfer fee 15.00
Replacement tag 3.50
Section 9.
10
That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Engineering, is hereby amended to read as
follows:
Sec. 2.12.051 Engineering Department Fees
Encroachment License application and processing fee 343.00
Vacation application and processing fee 343.00
Right-of-way permit application and processing fee
(waived for sidewalk replacement work) 343.00
Temporary occupation of ROW under encroachments
by commercial operations, including contractors and vendors $2.50 per sq. ft/month
Permanent Encroachment Fee $1,000.00 per permit
Temporary occupation of ROW under encroachments within the core
by commercial operations, including contractors and vendors associated
with construction $5.28/ sq. ft /month
Temporary occupation of ROW under encroachments outside of the core
by commercial operations, including contractors and vendors associated
with construction $2.60/ sq. ft /month
Map and plan printing
Section 10.
$4.00 per copy
That Section 2.12.052 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the Environmental Health Department, is hereby
amended to read as follows:
Sec. 2.12.052 Environmental Health Department Fees
Special or Temporary Event Plan Review fee 46.00
Special or Temporary Event Inspection fee (if needed) 46.00
Swimming pool plan review fee 77.00
Restaurant Site Inspection Fee 77.00
11
Food safety training 80.00
Restaurant Plan Review Fee 355.00
Food Service License $154 - $343
Section 11.
That Section 2.12.100 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the City Community Development Department, is
hereby amended to read as follows:
12
Section 2.12.100
(a) International Building and Residential Code Permit fees
Total Valuation Fee
$1.OOto $53.50
$2,000.00
$2,001.00 to $101.75 for the first $2,000.00 plus $16.25 for each additional
$25,000.00 $1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $475.50 for the first $25,000.00 plus $11.75 for each additional
$50,000.00 $1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $769.25 for the first $50,000.00 plus $8.10 for each additional
$100,000.00 $1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $1174.25 for the first $100,000.00 plus $6.75 for each additional
$500,000.00 $1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $3,874.25 for the first $500,000.00 plus $6.00 for each additional
$1,000,000.00 $1,000.00 or fraction thereof, to and including $1,000,000.00
$1,000,001 and up $6,874.25 for the first $1,000,000.00 plus $5.65 for each additional
$1,000.00 or fraction thereof
Other Inspections and Fees:
1. Inspections outside of normal hours minimum $260.00
or a per hour charge of $130.00
(minimum charge -two hours)
2. Reinspection fees $80.00
3. Inspections for which no fee is specifically indicated $130.00
4. Additional plan review required by changes, additions or revisions $80.00 per hour
to plans
Plan Check Fees
1. Plan check fees are based on the building permit fee and equal 65% of the total
building permit fee.
Energy Code fees
1. Energy code review fees are based on the building permit fee and equal 10% of the
total building permit fee, with a minimum charge of $30.00.
Fire Sprinkler Fees
13
1. Fire sprinkler fees are based on the valuation of the fire sprinkler system and
calculated according to the Building Permit Fee schedule. The total Fire Sprinkler
Permit fee is the total of the permit and the plan check fees.
Excavation/Foundation Fees
1. The Excavation/Foundationperrnit fee is 35% of the building permit fee.
Contractor Licensing Fees
1. BEST test fee:
The BEST test fee is based on the number of questions and level of the exam,
starting in 2006.
Unlimited BEST test (125 questions 8 hour time limit) $130.00
Commercial BEST test (100 questions 6 hour time limit) $105.00
Light Commercial BEST test (75 questions, 5 hour time limit) $80.00
Homebuilder BEST test (60 questions, 4 hour time limit) $65.00
Renewal test fees:
Unlimited, Comm, Lt Comm and Homebuilder $55.00
(Test shall be 25 questions long with a 2 hour time limit)
Specialty BEST tests (50 questions, 3 time limit) $55.00
Renewal test fees:
Specialty BEST tests (25 question, 2 time limit) $35.00
2. Contractor License Fees 3 Year Licensing Fee Monthly Prorated Amt.
General Contractor (unlimited) $415.00
General Contractor (commercial) $415.00
General Contractor (light comm.) $415.00
General Contractor (homebuilder) $135.00
Specialty (subcontractors)
Alteration and Maintenance $135.00
$11.53
$11.53
$11.53
$3.75
$3.75
14
Mechanical $135.00 $3.75
Roofing $135.00 $3.75
Historic Preservation $135.00 $3.75
Concrete $135.00 $3.75
Gas Appliance Installers $135.00 $3.75
Solid Fuel Appliance Installers $135.00 $3.75
Fire Alarm Installation $135.00 $3.75
Fire Suppression Installation $135.00 $3.75
Contractor Red Tag fee for work without a permit:
First time -double permit fee
Second time -four times permit fee
Third time -license is subject to suspension or revocation plus eight times the
permit fee
Plumbing and Electrical Contractors are licensed by the State, therefore they only
register with us and do not pay a fee.
International Mechanical Code Permit Fees
(b) Mechanical Permit Fees
Permit Issuance and Heaters
1. For the issuance of each mechanical permit $29.75
2. For issuing each supplemental permit for which the original has not $9.50
expired, been canceled or finaled
Unit Fee Schedule (Note: the following does not include permit-issuing fee)
1. Furnaces
For the installation or relocation of each forced-air or gravity-type $18.50
furnace or burner, including ducts and vents attached to such appliance
up to and including 100,000 Btu/h (29.3 kW)
For the installation or relocation of each forced-air or gravity-type $23.00
furnace or burner, including ducts and vents attached to such appliance
over 100,000 Btu/h (29.3 kW)
For the installation or relocation of each floor furnace, including vent $18.50
For the installation or relocation of each suspended heater, recessed $18.50
wall heater or floor-mounted unit heater
2. Appliance Vents
For the installation, relocation or replacement of each appliance vent $9.50
installed and not included in an appliance permit
IS
Repairs and Additions
For the repair of, alteration of, or addition to each heating appliance, $17.50
refrigeration unit, cooling unit, absorption unit, or each heating, cooling,
absorption or evaporative cooling system, including installation of controls
regulated by the Mechanical Code
4. Boilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and $18.50
including 3 horsepower (10.6 kW), or each absorption system to and
including 100,000 Btu/h (29.3 kW)
For the installation or relocation of each boiler or compressor over $34.00
3 horsepower (10.6 kW) to and including 15 horsepower (52.7 kW),
or each absorption system over 100,000 Btu/h (29.3 kW) to and
including 500,000 Btu/h (293.1 kW)
For the installation or relocation of each boiler or compressor over $47.00
15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW),
or each absorption system over 500,000 Btu/h (146.6 kW) to and
including 1,000,000 Btu/h (293.1 kW)
For the installation or relocation of each boiler or compressor over $69.50
30 horsepower (105.5 kW) to and including 50 horsepower (176 kW),
or each absorption system over 1,00,000 Btu/h (293.1 kW) to and
including 1,750,000 Btu/h (512.9 kW)
For the installation or relocation of each boiler or compressor over $116.00
50 horsepower (176 kW) or each absorption system over 1,750,000
Btu/h (512.9 kW)
Air Handlers $13.25
For each air-handling unit to and including 10,000 cubic feet per minute
(cfrn) (4719 L/s), including ducts attached thereto
Note: This fee does not apply to anair-handling unit which is a portion of a
factory-assembled appliance, cooling unit, evaporative cooler or absorption
unit for which a permit is required elsewhere in the Mechanical Code.
For each air-handling unit over 10,000 cfin (4719 L/s) $22.75
6. Evaporative Coolers
For each evaporative cooler other than portable type $13.25
Ventilation and Exhaust
For each ventilation fan connected to a single duct $9.50
For each ventilation system which is not a portion of any heating $13.25
or air-conditioning system authorized by a permit
For the installation of each hood which is served by the mechanical $13.25
exhaust, including the ducts for such hood
16
8. Miscellaneous
For each appliance or piece of equipment regulated by the Mechanical $13.25
Code but not classed in other appliance categories, or for which no
other fee is listed in the table.
Other Inspections and Fees:
1. Inspections outside of normal business hours, per hour (minimum $130.00
chazge -two hours) $260.00
2. Reinspection fees assessed under provisions of Section 305.8, per $80.00
Inspection
3. Inspections for which no fee is specifically indicated, per hour $130.00
(minimum charge one hour)
4. Additional plan review required by chazges, additions or revisions to $80.00 plans
or plans for which an initial review has been completed
International Plumbing Code Permit Fees
(c) Plumbing Permit Fees
Permit Issuance
1. For the issuance of each plumbing permit $29.75
2. For issuing each supplemental permit for which the original has $9.50
not expires, been canceled or finaled
Unit Fee Schedule
(Note: The following do not include permit-issuing fee)
1. Fixtures and Vents
For each plumbing fixture or trap or set of fixtures on one trap $12.25
(including water, drainage piping and backflow protection thereof)
For repair or alteration of drainage or vent piping, each fixture $6.00
2. Sewers, Disposal Systems and Interceptors
For each building sewer and each trailer park sewer $31.25
For each cesspool $46.50
For each private sewage disposal system $93.50
For each industrial waste pretreatment interceptor, including $24.75
its trap and vent, excepting kitchen-type grease interceptors
functioning as traps
Rainwater systems-per drain (inside buildings) $12.25
3. Water Piping and Water Heaters
For installation, alteration, or repair of water piping or water- $6.00
treating equipment, or both, each
For each water heater including vent $15.50
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4. Gas Piping Systems
For each gas piping system of one to five outlets $7.75
For each additional outlet over five, each $1.75
5. Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
For each lawn sprinkler system on any one meter, including $18.50
backflow protection devices thereof
For atmospheric-type vacuum breakers or backflow protection
devices not included in Item 1:
1 to 5 devices $15.50
Over 5 devices, each $3.00
For each backflow-protection device other than atmospheric-type
vacuum breakers:
2 inches (50.88 mm) and smaller $15.25
Over 2 inches (50.8 mm) $31.25
6. Swimming Pools
For each swimming pool or spa:
Public pool $114.50
Public spa $78.00
Private pool $78.00
Private spa $38.00
Miscellaneous
For each appliance or piece of equipment regulated by the $12.25
Plumbing Code but not classed in other appliance categories,
or for which no other fee is listed in this code
Other Inspections and Fees:
1. Inspections outside of normal business hours, 2 hour minimum $260.00
2. Inspections outside of normal business hours, per hour $130.00
3. Reinspection fees assessed under provisions of Section 305.8 $80.00
per inspection
4. Inspections for which no fee is specifically indicated, per hour $130.00
5. Additional plan review required by changes, additions or revisions to $80.00
plans or to plans for which an initial review has been completed -
(minimum charge-one half hour)
(d) International Fuel Gas Code
Note: Fees as applicable from the International Plumbing and/or International
Mechanical Code Permit Fee schedules.
(e) National Electric Code Permit Fees
18
Note: Electric Permit Fees are established by C.R.S. 1973, Section 12-23-117 and
are subject to change by the State Electric Board. The most current schedule is
published by the State Electric Board and modified as allowed.
(fj Geographic Information Systems (GIS) Fee
A GIS fee is assessed on all permits that add squaze footage $200.00
Section 12.
That Section 26.04.060 of the Municipal Code of the City of Aspen, Colorado, which
section sets forth certain user fees for the City Community Development Department, is
hereby amended to read as follows
26.04.060 Land use application fees.
(a) The categories of review processes and base fees for the processing of land use
applications shall be as follows: Amendments to the existing fee ordinance are
indicated in Bold and Italicized text.
Category Hours Base Fee
1. All Major Applications 12 $2,940.00
2. All Minor Applications 6 $1,470.00
3. Staff Approvals 3.0 $735.00
4. Flat Fee $590.00
5. Referral Fees--Environmental Health, Housing, Engineering, Parks
Community Development collects some fees for Land Use Application
review as established by other City Departments. As determined by each
department, fees are as follows:
Engineering Minor Review Fee $212.00
Engineering Major Review Fee $410.00
Environmental Health Major Review Fee $410.00
Housing Minor Review Fee $212.00
Housing Major Review Fee $410.00
Parks Minor Review Fee $212.00
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Parks Major Review Fee $410.00
6. Development Order Recordation Fee $45.00
7. Appeals of adverse board and administrative decisions
Base Fee $735.00
Appeals of adverse board and administrative decisions. Additional time over
3 hours will be billed at the rate of $245.00 per hour. If an applicant's appeal
is approved, the land use appeal fees will be refunded.
8. Staff approvals of Temporary Use Permits $50.00
9. Land Use Code Interpretations $50.00
10. Appeals of Land Use Code Interpretations Base Fee $735.00
Appeals of Land Use Code interpretations. Additional time over 3 hours
will be billed at the rate of $245.00 per hour. If an applicant's appeal is
approved, the land use appeal fees will be refunded.
(b) The Community Development Department staff shall keep an accurate record
of the actual time required for the processing of each land use application and
additional billings shall be made commensurate with the additional costs incurred
by the city when the processing of an application by the Community Development
Department takes more time than is covered by the base fee. In the event the
processing of an application by the Community Development Department takes
less time than provided for in subsection (a), the deparhnent may refund the
unused portion of the base fee unless the staff planner determines significant staff
time was used.
(c) The following guidelines shall be used for the administration of the fee
structure set forth above:
1. Fees charged for the processing of applications which fall into more than
one category shall be cumulative; while the fees charged for the processing of
applications within the same category shall not be cumulative. In the event that
the fees, which result from accumulation, are found by the Community
Development Department to be excessive in relation to the number of hours it is
anticipated to require to process the application, the Community Development
Department may waive the accumulation requirement. As with other Land Use
Application, refunds are allowed only when staff has not done significant review.
2. Additional billings, for staff time spent above the "base fee", shall be based
solely on processing time spent by members of the Community Development
Deparhnent or its designee in the processing of an application.
20
3. Additional billings shall be computed at the rate of two hundred and forty
five dollars ($245.00) per hour of additional Community Development
Deparhnent staff time required. Refunds of unused hours shall be made at the rate
of two hundred and forty five dollars ($245.00) per hour of time.
4. The Community Development Director shall establish appropriate
guidelines for the collection of additional billings as required.
5. This fee structure shall be reviewed annually as part of the City of Aspen's
budget hearing process and should any adjustments be necessary, they shall be
changed to become effective on January 1.
6. The Community Development Department shall identify, prior to or at the
time of submission of a land use application, whether an application is to be
referred to the Engineering, Housing, or Environmental Health Departments. The
Community Development Department shall also identify whether an application
constitutes a minor or a major referral, based on the number of hours that will be
required to review the application, and charge the applicant for each referral
accordingly. Additional billings and refunds shall not apply to the computation of
referral fees.
7. Land use review fees may be waived or reduced in the discretion of the
Community Development Director for projects serving a public purpose,
proposed by anon-profit organization, or in which the fee may be excessive for
the work proposed.
Section 13.
That Section 26.04.070 of the Municipal Code of the City of Aspen, Colorado, which
section establishes historic preservation application fees, is hereby amended to read as
follows:
26.04.070 Historic preservation application fees.
The types of applications and fees for the processing of historic preservation and
applications shall be as follows (Historic preservation review fees maybe waived or
reduced in the discretion of the Community Development Director for projects serving a
public purpose, proposed by anon-profit organization, or in which the fee maybe
excessive for the work proposed). All fees are deposit fees.
Designation
$0.00
Example: Listing of any property on the Aspen Inventory of Historic Landmark
Sites and Structures.
2. Exempt Development $0.00
21
Example: Interior remodeling, paint color selection, exterior repainting or
replastering similar to the existing finish or routine maintenance such as caulking,
replacement of fasteners, repair of window glazing or other such minimally
intrusive work.
3. Certificate of No Negative Effect $245.00
Work that qualifies includes replacement or repair of architectural features which
creates no change to the exterior physical appearance of the building or structure;
replacement or repair of architectural features that restores the building or
structure to its historic appearance; installation of awnings, canopies or similar
attachments provided no significant feature is damaged, removed or obscured by
the installation; fencing; mechanical equipment or accessory features that have no
impact on the character-defining features of the building or structure; signs which
have no effect on the character-defining features of the historic property;
alterations to non-contributing buildings within historic districts; and alteration to
no more than two elements ofnon-primary fagades of a designated building.
4. Minor Development- Certificate of Appropriateness $735.00 Base Fee
Work that qualifies includes the expansion or erection of a structure wherein the
increase of the floor area of the structure is two hundred and fifty (250) square
feet or less; alterations to a building fagade, windows, doors, roof planes or
material, exterior wall materials, dormer porch, exterior staircase, balcony or
ornamental trim when three (3) or fewer elements are affected and the work does
not qualify for a Certificate of No Negative Effect; erection or installation in
combination or in multiples of awning, canopies, mechanical equipment, fencing,
signs, accessory features and other attachments to designated properties such that
the cumulative impact does not allow for the issuance of a Certificate of No
Negative Effect; alterations that are made to non-historic portions of a designated
historic property that do not qualify for a Certificate of No Negative Effect; the
erection of street furniture, signs, public art and other visible improvements
within designated historic districts of a magnitude or in numbers such that the
cumulative impact does not allow for the issuance of a Certificate of No Negative
Effect. Additional time spent will be charged at the hourly rate of $245.00
a. Significant Development (Under 1,000 sq. ft.)- Certificate of
Appropriateness $1,470.00, 6 hours of staff time
5. Significant Development (Over 1,000 sq. ft.)- Certificate of Appropriateness
$2,940.00, 12 hours of staff time
Work that qualifies includes the construction of a new structure within a historic
district; alterations to more than three elements of a building fagade including its
windows, doors, roof planes or materials, exterior wall material, dormers,
porches, exterior staircase, balcony or ornamental trim; the expansion of a
building increasing the floor area by more than two hundred and fifty square feet;
any new development that has not been determined to be Minor Development.
22
6. Demolitions and Off-Site Relocations Only $2,940.00
Full demolition and complete relocations off-site.
7. Insubstantial Amendment to an approved Certificate of Appropriateness: $0
8. Substantial Amendment to an approved Certificate of Appropriateness: $735.00
9. Appeals Base Fee
$735.00
Appeals of any decision of the Historic Preservation Commission. Additional
time over 3 hours will be billed at the hourly rate of $245.00. If an applicant's
appeal is approved, land use appeal fees will be refunded.
The examples listed for different types of applications are intended solely as a
guide and are not binding upon the Community Development Department in
assessing the proper fee for processing any particular historic preservation or
landmark designation application.
Section 14.
That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which
section establishes zoning fees, is hereby amended to read as follows:
26.104.072 Zoning Fees.
Zoning shall be charged the following fees for the services listed:
I. Building plan checks by zoning (a $125.00 minimum deposit, or 80% of a
significant total, shall be collected at building permit application submittal):
A. RESIDENTIAL AGRICULTURAL. AND PUBLIC USES WITHIN THE
PUBLIC ZONE DISTRICT
1. Bear Proof Trash Container (Zoning & Building) $60.00
2. Manufactured Housing without basement $125.00
3. Manufactured Housing with basement $125.00
4. New Work and Major Repair/Remodeling Change Orders
Up To 500 s.f. $125.00 Flat Fee
501 - 3,500 s.f. $125.00 plus $.21 per s.f. over 500 s.f.
3,501 - 10,000 s.f. $780.00 plus $.36 per s.f. over 3,500 s.f.
10,000 + s.f. $3,150.00 plus $.40 per s.f. over 10,000 s.f.
5. Minor Repair/Remodel and Change Orders: $125.00
For Zoning reviews that do not add square footage but aze not minor reviews, the
charge will be hourly. The rate will be a $245.00 per hour with a minimum charge
of one hour.
23
(Note: Minor applications request no changes to floor area, use, height and /or
footprint. Those applications which are not Minor are considered Major.)
B. NON-RESIDENTIAL
1. Bear Proof Trash Containers (Zoning and Building) $60.00
2. New Work, Major Repair/Remodeling and Change Orders
Up To 500 s.f. $125.00 Flat Fee
501 - 5,000 s.f. $125.00 plus $.36 per s.f. over 500 s.f.
5,001 - 10,000 s.f $1,810.00 plus $.70 per s.f. over 5,000 s.f.
10,001 + s.f $5,450.00 plus $.80 per s.f. over 10,000 s.f.
3. Minor RemodeURepair/Change Orders. $125.00
(Note: Minor applications request no changes to floor area, use, height and /or
footprint. Those applications which are not Minor are consider Major.)
C. ZONING ENFORCEMENT FEES
Projects constructed without permits, fees are doubled as a penalty.
2. PENALTY PROVISION
A penalty fee for enforcement actions requiring a land use approval $735.00 base
fee for three hours of staff time plus $245.00 per hour for any staff time in excess
of three hours.
3. Sign permits:
Processing and code compliance for all sign permits $80.00
4. Fence permits: $80.00
5. Board of Adjustment fee
Processing and application fee for al] Board of Adjustment applications or appeals
$735.00 base fee for three hours of staff time plus $245.00 per hour for any staff
time in excess of three hours.
6. Special Event Signage Plan Review $80.00
Processing and application fee for all signage associated with Special Events that
are not required to be reviewed by Special Events Committee.
Banner Installation Fee $60.00 Single
$120.00 Double
This fee is collected by the City Manager's office.
D. Zoning review fees maybe waived or reduced in the discretion of the Community
Development Director for projects serving a public purpose, proposed by a non-
24
profit organization, or in which the fee may be excessive for the work proposed.
A public hearing on the ordinance shall be held on the day of , 2007, in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the day of , 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this _ day of December, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
25
MEMORANDUM
TO: Mayor and City Council
THRU: Steve Barwick, City Manager
THRU: John Worcester, City Attorney
THRU: Jeff Woods, Parks and Recreation Manager
FROM: Steve Aitken, Director of Golf
DATE: October 31, 2007
RE: Aspen Golf Club Fee Changes
SUMMARY: The Aspen Golf Club strives to provide a quality affordable golf facility
for locals and guests. Its continued goal will be to operate annually with fiscal
sustainability. Commensurate with that end is a recommended modification of the
fees/rates schedule per Attachment "A" for 2008 as submitted by the Golf Department
and its Advisory Board.
PREVIOUS COUNCIL ACTION: City Council approved the Golf Fund fees/rates for
the 2007 season in December 2006.
DISCUSSION: In the past two yeazs the Aspen Golf Club has undertaken extensive
improvements and upgrades to its facility. These included:
A. New Irrigation System
Some of the advantages of that system are: increased
water savings; decreased electrical usage; decreased
fertilizer use; increased turf quality.
B. Golf Course Improvements
Elements include: contour shaping; water feature enhancements; native
grassing; additional storage facilities.
These enhancements establish our golf course again as a leader in environmental
stewardship and our status as an Audubon Cooperative Sanctuazy.
Improvements in 2007 included:
Installation of an electronic tee sheet to increase efficiency, improve customer
satisfaction, and increase the profitability of the golf course. The Aspen Golf
Club now has worldwide exposure and connectivity instantly to available tee
times.
Tee time changes. The utilization of 10-minute tee times, instead of eight minutes
freed up the golf course and improved the speed of play.
Cross utilization of the first and tenth tees on weekends in high season time. By
utilizing both the 151 and 10th tees for tee times during prime time weekend times,
we virtually doubled the availability of tee times for players when those times are
most in demand.
For 2008 improvements include:
• Developing and implementing a plan for sand bunker renovation.
• Expanded hours of operation for the restaurant.
Increased amenities for golfers such as turf repair tools and towels on golf carts.
Additionally, we would like to increase the use of sand seed containers on the golf
course and have more locations where these can be picked up or refilled.
Our Mazketing Department continues to maintain and improve our competitive ability to
attract golfers. Before the season begins, local passes are actively mazketed to establish
our base of local golfers. Hotel Concierges aze contacted regularly, and a program is in
place to rewazd them for bringing guests to our golf course. ACRA, SAS and Ski.com
provide stay and play golf packages. The standard forms of marketing are also employed
where needed through newspaper, radio, Grassroots TV, Internet and e-mail.
2
The intent of the Golf Fund is to break even from an operating standpoint and in good
years to have a little left over to invest back into the golf course. Breaking even from an
operating standpoint means that we have enough to purchase maintenance equipment and
capital replacements for the golf course and clubhouse. The biggest challenge of the
Aspen Golf Club is to remain competitive with other azea courses and to maintain a good
experience for local and visiting players alike.
The Golf Fund through the Golf Advisory Boazd and previous City Council has been
managed to break even by having 60% of the revenue from Guest Rounds. By
implementing this strategy the Golf Fund is able to defray the cost of the local round of
golf In 2007 we were able to achieve this balance again, through marketing efforts and
the implementation of the electronic tee sheet. Revenue needs to be realized from every
golfer who plays the Aspen Golf Club. The amount the golf fund needs to break even is
$50.00 per 18-hole round, based on our historic average of 26,000 rounds. Additionally,
we need to continually emphasize marketing efforts to increase play from visitors and
groups. The physical improvements and new customer service efforts will greatly assist
in that emphasis.
The request for an increase in rates/fees is consistent with our financial goals. Local
passes aze still affordable and competitive to azea courses. The unlimited Season Pass
price suggested is a $100 increase over the 2007 price. The 20-Punch Pass is proposed to
be increased by $25 over the 2007 rate. This price is equal to the cost of putting on a
round of golf. Fees to visitors and groups are either better than or very competitive with
area courses. The suggested $105 Green Fee Rate is for our high season period of time
from June 20`h to September 14, these tee times command a premium as they are fully
utilized by our guests. Compared to other golf facilities, this rate is still a value. The
Senior Green Fee Rate has been raised to $52.50 to meet the cost of an actual round of
golf. The Jr. Pass Rate has been increased to $150 and continues to be the best value in
this category for golf or compared to other activities for kids.
The Golf Fund needs to generate revenue of approximately $1,270,000 due to expenses
of approximately the $1,220,000 leaving for a slight increase in cash fund balance. The
goal for the Golf Fund is to generate $480,000 annually from passes and $625,000 from
visitor play. Lease revenues and the proposed $75,000 contribution to the Golf Fund
from the Pazks and Open Space fund comprise the other main sources of income. The
Aspen Golf Club's philosophy has been and continues to be that visitor revenues to our
facility support affordable local rates. It is our belief that these projected numbers aze
achievable if Council approves the 2008 fee proposal.
FINANCIAL IMPLICATIONS: The recommended rate increases for Golf Passes
should yield an additional $41,279 in revenue based on passes purchased and rounds
played in 2007. In addition, the increase to the Green Fee Rates will generate revenue to
attain our intended income in this category of $625,000.
RECOMMENDATION: Golf Staff and the Golf Advisory Board recommend the
attached increases to rates/fees per Attachment "A".
PROPOSED MOTION: I move to approve Ordinance #
CITY MANAGER COMMENTS
4
MEMORANDUM
TO: Mayor and City Council
FROM: Kathryn Koch, Tom Rubel
DATE: November 6, 2007
RE: Special Event Fees
The special events committee including parks and recreation departments
reviewed the special event fees and recommended a few changes indicated in bold on the
attached fee chart.
There has never been a fee for "under 100 people" so we included a fee of
$100/event. There has never been a "security/clean up deposit", which has been added at
$3,000. The amount returned to the applicants will be determined by the parks
deparhnent after inspection of the park/facility. The fee for non-local classes/camps in
city parks has not been raised but the phrase "attach registration form/material to include
price" has been added so that the parks and recreation departments can assess the fees for
using the parks.
The city has never had a fee for filming in Aspen. We review at least one/month
from still photography to movies. The fees indicated on the attached chart are culled
from other cities and the National Parks Service.
MEMORANDUM
TO: MAYOR & CITY COUNCIL
THRU: FINANCE DEPARTMENT
CITY ATTORNEY
FROM: TIM ANDERSON, RECREATION DIRECTOR
DATE: OCTOBER 18, 2007
RE; 2008 FEE RECOMMENDATIONS
Council will find attached the 2008 recommended fees for Recreation programs and
facilities. In general the fee increases reflect a 4% across the board increase with some
fees being recommended to increase at a higher rate. The reason for these higher
percentages of inceases is due to the following:
• Some fees that are only $5.00 to $7.00 daily fees have not increased in two years
or more and a 50 cent increase maybe recommended which equates to more than
4%.
• Hourly rates for ice are increasing by a flat $10.00/hr. across the board. A study
was conducted in early 2007 identifying that Aspen had low ice rates compared to
other cities, and that our operational costs were higher. The recommendation was
that we increase our ice fees. In addition, most ice user groups are receiving some
type of in kind grant for their ice usage, so the rates identified don't accurately
reflect what the users are actually paying.
• You will find that one gymnastics program has increased by more than 4% due to
the addition of one day to the program, thus increasing the rate.
• Council will see that the tennis team rate and the rate for the sailing program have
increased by almost 50%. That is due to the fact that these programs were
severely deficient (about 30%) in meeting the 75% recovery goal for direct costs.
• The adult flag football program has been re-worked with additional weeks added
to the program. This resulted in a 26% increase in fees for increased use.
The fees being proposed are reflected in the 2008 operational budget submitted to City
Council by staff. These fees are necessary to meet the subsidy goal identified by Council
for the Recreation Division in 2008.
MEMORANDUM
Date: September 28, 2007
To: Mayor & Council
Through: John Worcester, Paul Mentor
Through: Loren Ryerson
From: Kathy Tolle
Subject: Revenue Increases for 2008
The anticipated revenue increases for the Police Department are at the
recommended 4% inflationary increases in the following areas:
Non-Court Doa Licenses Municipal Code 5-28
The rate for 2008 for dog tags will be $15.50 with a replacement fee of
$3.50.
Vehicle Inspection Fees
We charge for vehicle inspections performed by employees of the Police
Department. The fee for VIN's in 2008 will be $18.00.
Certified Vin Inspection Fees
The State of Colorado regulates the fee for these inspections at $20.00
per inspection. This is a state mandated fee.
Refund of Expenditure
We have been charging an hourly rate for off-duty security by agreement.
The fee has been per officer/per hour. The fee for 2008 will be
$86.00/per hour per officer.
Notary Public Fees
Due to the large number of requests we get for notary public services, we
began charging $2.00 per acknowledgment. We will continue to collect
this amount per State of Colorado Code 12-55-121.
Central Alarm License Fees Municipal Ordinance 8.5-2
This is the fee charged to the alarm companies who provide alarm
security to Aspen residences and businesses. With the increase in 2008
the rate would be $305.00 per company.
10/17/2007 MEMORANDUM 2
Annual Alarm Permit Fees Municipal Ordinance 8.5
Fees charged for new alarm permits within the city limits and for renewal
of those permits annually. The 2008 rate will be $104.00/permit.
False Alarm Fines Municipal Ordinance 8.5
Fines charged for false alarm response. The new fine structure for 2008
will be as follows: $108.00 for the first false alarm, $216.00 for the
second, $325.00 for each additional false alarm response each calendar
year. The banks will be charged at $345.00 for each false alarm
responded to.
Towing of Vehicles Municipal Ordinance 24.08.020
Towing is now the responsibility of the Parking and Transportation
Department.
MEMORANDUM
TO: Mayor and Council
FROM : Trish Aragon, P.E., City Engineer
THRU: Steve Barwick, City Manager
Bentley Henderson, Assistant City Manager
DATE OF MEMO: October 30, 2007
MEETING DATE:
RE; Proposed Encroachment Fees for 2008
SUMMARY: This memo lists the proposed changes in the Engineering Deparhnent fees for the yeaz
2008.
BACKGROUND: As a general policy, it is not in the City's interest to grant encroachments, thereby
providing public property for private use. However encroachments are granted under the following
conditions:
To acknowledge and existing, historical condition
To license a public amenity ,
When there is a lack of storage space on private property, to allow construction trailers,
dumpsters, temporary pedestrian walkways, and scaffolds to be placed the Right of Way on
a temporary basis not to exceed 12 months.
Encroachment space lease payments for public amenities such as outdoor seating for restaurants will
not be increased. Encroachment space lease payments associated with construction will increase so that
they are consistent with the new pazking fees. The purpose of the encroachment lease payments
associated with construction is to deter contractors from using the right of way for storage and for
construction activities associated with development.
The Right of way permit fees and encroachment permit fees will be increased by 4%.
DISCUSSION: The following fees are recommended for 2008:
Space lease payment for the occupied /restricted Right of Way for restaurants and other public
amenities will remain the same. That rate is currently $2.50/ sf/ month.
Space lease payment for the occupied /restricted Right of Way within the core associated with
construction will increase from $2.50 / sf /month to $5.28 / sf /month. This rate is consistent with the
new parking rates for the core.
Space lease payment for the occupied /restricted Right of Way outside the core associated with
construction will increase from $2.50 / sf /month to $2.64 / sf /month. This rate is consistent with the
new parking rates outside of the core.
The other permit fees will increase by 4%.
Below is a summary of the fees:
Encroachment License application and processing fee $343
Vacation application and processing fee $343
Right of way permit application and processing fee $343
(waived for sidewalk replacement work)
Temporary occupation of ROW under encroachments within the core
by commercial operations, including contractors and vendors associated
with construction $5.28/ sq. ft /month
Temporary occupation of ROW under encroachments outside of the core
by commercial operations, including contractors and vendors associated
with construction $2.64/ sq. ft /month
Temporary occupation of ROW under encroachments
commercial operations, including contractors and vendors associated
$2.50/ sq. ft /month
FINANCIAL IMPLICATIONS: Year to date approximately $250,000 was col]ected for
encroachment lease payments. This was mainly due to three large development projects. These projects
are expected to finish next year. As a result the encroachment fee revenue should decrease to $100,000
in 2008.
RECOMMENDATION: Staff recommends approval of these fee increases to discourage to use of
public Right of Way for private use. Additionally Staff recommends approval of a 4% increase in
permit fees and encroachment licenses.
ALTERNATIVES: Council could approve larger or smaller encroachment fees.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and Council
THRU: John Worcester, City Attorney
FROM: Jannette Whitcomb, Environmental Health Program Coordinator
DATE: October 17, 2007
RE: Proposed Environmental Health Fees for 2008
SUMMARY: This memo lists the proposed changes in Environmental Health Department fees
for the year 2008, to partially cover our increased costs of providing these services. The City
Manager has directed staff to propose an average of a four (4) percent increase on fees for
2008. The fee schedule below reflects changes to existing fees.
Environmental Health Fees 2007
(current) 2008
(ro osed)
Special or Temporary Event Plan Review Fee $44 $46
Special or Temporary Event Inspection Fee (if needed) $44 $46
Swimming Pool Plan Review Fee (Similar to the state-set fee
structure for restaurant lan reviews.) $74/hour $77/hour
Restaurant Site Ins ection Fee $77/hour $80/hour
Food Safety Trainin $77/hour $80/hour
Restaurant Plan Review Fee $355 $355
(no Chan e)
Food Service License (set by state) $154-$343 $154-$343
(no change)
BACKGROUND: Fees for food service licenses and fees for restaurant plan reviews aze set by
the Colorado Department of Public Health and Environment and cannot be changed by the city.
The State has not increased their fees for several yeazs.
DISCUSSION: Last yeaz fees increased 2.6% and the year before they increased 2.3%. As
stated in the summary section, this year staff was directed to calculate a 4% increase for City
Council to consider. The result is an increase of either two or three dollars depending on fee.
FINANCIAL IMPLICATIONS: Since our two lazgest fees cannot be raised, the increase in our
revenues will be small. We estimate the revenue implications of these fee increases to be
Page 1
approximately $200, given the relatively small size of the fees to begin with and the small
proposed increases.
RECOMMENDATION: Staff recommends approval of these fee increases so the costs of
providing these services can be more closely recovered from those requiring the services.
ALTERNATIVES: Council could approve larger or smaller fee increases.
CITY MANAGER COMMENTS
Page 2
MEMORANDUM
TO: Mayor and Council
THRU: John Worcester, City Attorney
FROM: Johannah Richards, Community Development Administrative Manager
DATE: November 19, 2007
RE: Proposed Building and Planning Fees for 2008
SUMMARY: Community Development has requested a 4% increase to the building and
planning fees. This rate is recommended as it is within the 4% increase suggested by the City
Manager. The majority of the fee increases are within the 4% guideline, with the exception of
the Board of Adjustment fee. Because BOA cases can be time consuming for staff, Community
Development proposes to increase the fee to an hourly rate that equates it with a planning case.
BACKGROUND: The City is currently requesting proposals from qualified vendors for the
development of a fee structure for the delivery of planning, building permit, and building
inspection services. The fee structures will be based upon audited financial results, and service
demand statistics, to forecast future overall planning and building direct, indirect, and overhead
costs.
FINANCIAL IMPLICATIONS: It is anticipated that the study will be completed by the end of
the first quarter of 2008. The result will be an amended fee structure that will provide for 100%
cost recovery based upon the underlying assumptions of service demand and fully allocated
service cost, over the coming ten year period.
RECOMMENDATION: Staff recommends approval of these fee increases.
CITY MANAGER COMMENTS:
Page
MEMORANDUM
To: Mayor and City Council
THRU: John Worcester, City Attorney
Chris Bendon, Community Development Director
FROm: Mary Lackner, GIS Manager
RE: GIS Fee
DATE: Oct 2, 2007
SUMMARY: The City Building Department has been collecting a GIS fee since 1999.
This fee was established to help offset the cost of the acquisition of aerial photography on
a regular basis as a result of changes to Aspen's built environment.
This fee was never placed in the Municipal code and it has not been increasing to keep up
with the costs of new aerials or inflation. GIS is requesting that this oversight be
corrected by this amendment to the fee schedule.
BACKGROUND: The Building Department assesses the GIS fee on any project that adds
square footage. Some examples ofprojects that are assessed the fee include scrape and
replace, addition or new (on an empty lot).
The GIS fee is currently $55.00 and staff is recommending it be increased to $200. The
increase reflects a realistic cost for offset of acquiring aerial photography and is
consistent with other Colorado jurisdictions that collect a similaz fee.
Digital Submission Revenue Account Fee history:
1999 $ 692
2000 $ 4,858
2001 $ 2,833
2002 $ 2,650
2003 $ 2,000
2004 $ 2,000
2005 $ 3,500
2006 $ 3,700
2007 $ 4,922 (YTD)
RECOMMENDATION: To create the following section under the International Building
and Residential Code Permit Fees of the Municipal code.
Section 2.12.100
Geographic Information System (GIS) Fee
1. A GIS fee is assessed on all permits that add square footage. This fee is $200.
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Richard Pryor
Steve Barwick
11-6-2007
11-26-2007
Amendment to Liquor Code
'Y~d
REQUEST OF COUNCIL:
The Aspen Police Department proposes that City Council adopt the Aspen Police
"Bouncer Program" as a condition of the issuance or re-issuance of a liquor license in
the City of Aspen in accordance with Aspen City Municipal Code 5.08.080 "Education
Requirements'.
PREVIOUS COUNCIL ACTION:
Previous Council action has approved the adoption of various components of Aspen
Municipal Code Section 5.08 "General Regulations", which covers a variety of alcohol
related topics including; the age of sale and consumption of alcohol, gambling, reports
of disturbances, open containers, educational requirements, and the resealing of
containers.
BACKGROUND:
Part of the process for a business to obtain a liquor license in the City limits includes an
educational component to ensure the business understands the constraints that the law
places on licensed establishments. It has always been the policy of the Police
Department to work cooperatively with licensed establishments in providing an
adequate standard of education. The current educational requirements are as follows:
"Every licensee shall ensure that, at a minimum, seventy-five (75) percent of all servers
currently employed by it shall have successfully completed within six (6) months of the
effective date of this ordinance, and at all times thereafter, an educational liquor seminar
approved by the local liquor licensing authority. The certificate received by servers who
successfully complete the educational liquor seminar shall be valid for a period of
eighteen (18) months."
"Doormen" or "Bouncers" also play a critical role in the management of a licensed
establishment in their ability to help the licensee manage their business in a safe and
productive way. The doormen are the gatekeepers of the establishment and provide a
conduit through which the police department can enhance the services it provides to the
Page 1 of 3
business. For the last four years, the police department has been offering informal
classes to the liquor licensed business community specifically for doormen and
bouncers. This has become a way for the police department to help businesses make
a difference in managing their businesses safely. It has become a way to ensure that
the people on the "front line" have the knowledge and skills to identify their patrons
correctly, or how to respond to difficult circumstances appropriately.
DISCUSSION:
Given the background described above, the popularity of the informal "Bouncer"
program, and the benefits to the relationships between the licensee's staff, patrons and
police department, the police department would like the "Educational Requirements'
section of the Aspen Municipal Code be amended to mandate that a minimum of 50%
of "doormen" or "bouncers" at any single liquor establishment participate in "Alcohol
Awareness" or "TIPS" training classes. On completion of this training, a doorman or
bouncer would be certified for three years. The reason only 50% would be mandated is
that employee turnover can be high in this business, and that classes may not be able
to be scheduled in a timely enough manner to meet greater than a 50% requirement.
This training will be included with the currently required "TIPS" trainings for liquor-
serving establishments, expanding training from manager and server level to include
bouncers.
Topics that are covered in a typical "Doorman" or "Bouncer" Class are as follows:
• Overcrowding
• Tipsy Taxi
• Supervising & controlling the mood of the bar
• How, when & why to report certain incidents
• Liquor code rules & regulations
• Fake ID's & underage drinking
• Intoxicated customers & conflict management
• Dealing with & preventing fights
• Personal safety & security measures
• Detecting crime
These same topics would be covered during an Alcohol Awareness class.
FINANCIAL/BUDGET IMPACTS:
There would be no significant financial impacts for the police department. Trainings
can be scheduled to occur on shift with existing officers. There may be a slight
increase in revenues to the general fund as a result of increased numbers of attendees
at official "Alcohol-Awareness Training" sessions. These are currently provided to
businesses for $25 per person.
ENVIRONMENTAL IMPACTS:
There should be no impact, positively or negatively with regard to energy use.
Page 2 of 3
RECOMMENDED ACTION:
Council adopt on first reading an ordinance amending the municipal code to include
mandated training for "Doormen" or "Bouncers" into the "Educational Requirements" of
Aspen Municipal Code 5.08.080.
ALTERNATIVES:
If Council does not want to approve a code amendment requiring Bouncer training, the
police department can continue to provide non mandated "Bouncer" education classes
on a biannual basis.
,r, 3 5'~
MOTION: I move to read Ordinance #~ 2007 and I move to adopt Ordinance # 2007,
on first reading
CITY MANAGER COMMENTS:
ATTACHMENTS:
Ordinance #007
Page 3 of 3
ORDINANCE #.5.3
Series of 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
SECTION 5.08.080 OF THE MUNICIPAL CODE TO INCLUDE TRAINING OF
DOORPEOPLE AND BOUNCERS AS A REQUIREMENT OF HOLDING A LIQUOR
LICENSE IN THE CITY OF ASPEN
WHEREAS, the City of Aspen is a resort community with a high number of licensed
establishments per capita, and
WHEREAS, the role that the "Doormen" or "Bouncers" of a licensed establishment play
in their ability to help the licensee manage their business in a safe and productive way is
critical, and that the "Doormen" or "Bouncers" are the gatekeepers of the establishment.
WHEREAS, the City of aspen has had an educational requirement as part of working in,
managing or owning a liquor license since 1990, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That Section 5.08.070 Definitions is amended by adding a subsection:
(f) "Doorman/Bouncer" -The informal title for one who acts as a gatekeeper, performs
general security duties, and maintains a positive working relationship with the police
department for a licensed establishment.
Section 2
That Section 5.08.080 Educational Requirements (c) shall be amended to read:
(c) Every licensee shall ensure that, at a minimum, seventy-five percent (75%) of all
servers and a minimum of fifty (50%) of all doormen bouncers currently employed by it shall
have successfully completed within six (6) months of the effective date of this Ordinance and at
all times thereafter, an educational liquor seminar approved by the Local Liquor Licensing
Authority. The certificate received by servers who successfully complete the educational liquor
seminar shall be valid for a period of three (3) years.
Section 3
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 4
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5
A public hearing on the ordinance will be held on the day of 2007, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City
Council of the City of Aspen on the day of , 2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this day of 2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
dll~
MEMORANDUM
TO: Mayor & City Council
FROM Paul Menter, Finance Director
Don Pergande, Budget Manager
DATE: November 19, 2007
RE: FIRST READING: Adoption of Budget Supplemental -Ordinance
this item will be discussed on November 26"', 2007.
No "(Series 2007)
SUMMARY:
Staff is requesting an amendment to the City's 2007 budget that increases total appropriation from $136.9 million
to $137.5 million, (See Attachment A). Net of inter-fund transfers, this request increases budget authority from
$110.6 million to $111.1 million.
Interfund transfers are required reallocations of City resources between funds. Interfund transfers are not
expenditures, and should therefore not be included in an analysis of the true cost of City operations. Transfers do,
however, require appropriation authority from Council. Attachment C provides a detailed listing of budgeted 2007
inter-fund transfers.
The exhibit below outlines the supplemental request's impact on the City's overall appropriation authority. The
referenced attachments provide itemized listings of requested supplemental budget authority.
CITY OF ASPEN - 2007 SUPPLEMENTAL BUDGET
Descri tion Amount Location
2007 Ado ted Bud et: $136,941,730 See Attachment A
Total New Re nests: 529 740 See Attachment B
Total Bud et Re nests: $529,740 See Attachment A
Total Su lemental Re nests: 137 471 470
TOTAL ORDINANCE: $137,471,470 See Attachment A
Less Interfund Transfers $26,345,410 See Attachment C
NET APPROPRIATIONS: $111,126,060 See Attachment A
Different categories of requests include:
• Attachment B: "New Requests" of $529,740 include requests for formal appropriation of funding issues
previously reviewed by Council during this fscal year, and new requests. Narrative justification of each
new request is provided as part of this memorandum below.
• Attachment C: This attachment details all budgeted interfund transfers of the City for 2007 of
$26,345,410, in total.
New Requests:
In the General Fund, new requests to be reviewed by City Council, total $439,150. These requests are
made up of the following:
City Council, $7,650: Staff is requesting funding for travel and training to cover additional boards and
committees, for actual expenditures that are higher than originally estimated for insurance premiums, and work
stations (see attached memo for details). These one-time appropriation requests will be funded from General
Fund cash reserves.
Police Department, $21,500: Staff is requesting $21,500 to for Yz of the Right Door operational shortfall
(see attached memo for details). This one-time appropriation requests will be funded from General Fund cash
reserves.
Recreation, $15, 000: The Recreation Department contracts with Aspen Gymnastics to run the gymnastics
program at the Red Brick and retains 15% of all revenues collected. Enrollment for gymnastics classes in 2007
has increased, resulting in increased expenses of $15,000. Revenues will offset the increase in expenditures
(see attached memo for details).
Asset Management, $395, 000: Staff is requesting budget authority to back fill the repurchase of Water
Place Units # 19 and # 13 in 2007. Staff is also requesting funding of capital improvements for these units. This
request is 100% offset by the current sale proceeds and from the capital reserve which is built up from 1.34% of
the unit resale price over the years (see attached memo for details).
Golf Fund, $52,090: Staff is requesting $36,590 to for operational budget authority (see attached memo for
details). This request will be funded from the Golf Funds cash reserves. $15,500 is for a new tee signs that were
installed in 2007 on the Aspen golf course; this requested is funded by a private donation that was received in
2007.
Asset Management Fund, $38,500: $30,000, Staff is requesting re-authorization of budget authority for a
3rd floor remodel. Budget authority was inadvertently pulled from this project during the last supplemental
appropriation (see attached memo for details). $8,500, is a request to repurchase a PD radar trailer that was in an
accident and totaled. CIRSA has reimbursed the City for loss of asset. The reimbursement from CIRSA will be
used to pay for the new trailer. (See attached memo for details)
Please feel free to contact either Don Pergande or Paul Menter with questions regarding any of the appropriation
requests included in this ordinance.
ORDINANCE NO. J
(Series of 2007)
AN ORDINANCE APPROPRIATING A INCREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF $38,500, AN INCREASE IN
THE GENERAL FUND OF $439,150, AND AN INCREASE IN THE GOLF FUND
OF $52,090.
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may
make supplemental appropriations; and
WHEREAS, the City Manager has certified that the City has unappropriated current year
revenues and/or unappropriated prior yeaz fund balance available for appropriations in
the following funds: ASSET MANAGEMENT PLAN FUND, GENERAL FUND,
AND THE GOLF FUND.
WHEREAS, the City Council is advised that certain expenditures, revenue and transfers
must be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
Upon the City Manager's certification that there are current year revenues and/or prior
yeaz fund balances available for appropriation in the: ASSET MANAGEMENT PLAN
FUND, GENERAL FUND, AND THE GOLF FUND: the City Council hereby makes
supplemental appropriations as itemized in the Attachment A.
Section 2
If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for
any reason invalid or unconstitutional by any court or competent jurisdiction, such
portion shall be deemed a sepazate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion thereof.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR
POSTED ON FIRST READING on the 26th day of November, 2007.
ATTEST:
Kathryn S. Koch, City Clerk
Mick Ireland, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the 10th day of December,
2007.
ATTEST:
Kathryn S. Koch, City Clerk Mick Ireland, Mayor
Approved as to Form:
John Worcestor, City Attorney
Attachment A
Total City of Aspen 2007 Appropriations by Fund
und Name 2007 Amended
Expenditure Budget
After # 2
Sup lemental
2007
Supplemental #3
2007 Amended
Expenditure
Bud et
General Government Funds
Asset Management Plan $10,581,270 $38,500 $10,619,770
General Fund $30.739.310 439 150 $31.178.460
Subtotal General Gov't Funds: $41,320,580 $477,650 $41,798,230
S ecial Revenue Funds
Parks and Open Space $10,802,160 $0 $10,802,160
Wheeler Opera House $4,974,080 $0 $4,974,080
Lodging Tax Fund $1,151,260 $0 $1,151,260
Parking Improvement Fund $2,111,060 $0 $2,111,060
Housing Development $35,291,970 $0 $35,291,970
Early Childhood Educ. Initiative -
AVCF
$517,320
$0
$517,320
Kids First /Yellow Brick 1 769 240 $0 $1,769,240
Subtotal, Special Rev. Funds: $56,617,090 $0 $56,617,090
Debt Service Funds
Debt Service Fund $4.083.020 $0 4 083 020
Subtotal, Debt Service Funds: $4,083,020 $0 $4,083,020
Parks Capital Improvement Fund $4,700,320 $0 $4,700,320
Enterprise Funds
Water Utility $9,951,550 $0 $9,951,550
Electric Utility $6,936,040 $0 $6,936,040
Stormwater Fund $12,910 $0 $12,910
Ruedi Hydroelectric Facility $648,340 $0 $648,340
Transportation Fund $3,941,680 $0 $3,941,680
Municipal Golf Course $1,182,690 $52,090 $1,234,780
Truscott Housing $2,117,080 $0 $2,117,080
Marolt Housing $1.171.950 ~ $1.171.950
Subtotal, Enterprise Funds: $25,962,240 $52,090 $26,014,330
Health Ins. Internal Service Fund $3,162,500 $0 $3,162,500
Trust & Agency Funds
Housing Authority $1,022,200 $0 $1,022,200
Smuggler Mountain Fund 73 780 $0 73 780
Subtotal, Trust 8 Agency Funds: $1,095,980 $0 $1,095,980
ALL FUNDS: $136,941,730 $529,740 $137,471,470
Less Interfund Transfers $26,345,410 $0 $26,345,410
EQUALS NET ALL FUNDS
APPROPRIATIONS:
$110,596,320
$529,740
$111,126,060
City of Aspen I I Attachment B
2007 Supplemental Budget ~
fs,R..ah9N.wReyues,a Onetime requests, unless otherwise noted ' ~°°a.aro„wmns,o
De artment New Re uest Descri lion Amount ; Subtotal b De t.
Ci Council
~
~ Staff is requesting a supplemental appropriation travel /training to
cover additional boards and committees; Council's portion of
001.03.03000.61999 / 82400 / ;i nsurance premiums; and office furniture (see attached memo for
83999 details) $7,650
Subtotal, Ci Council:' $7,850
Police De artment I
I Staff is requesting a supplemental appropriations for the 2007 Right
001.31.TBD Door short fall (see attached memo for details) ~ $21,500
Subtotal, Police:', i $21,500
Recreation '.
The Recreation Department contracts with Aspen Gymnastics to run II II
the gymnastics program at the Red Brick and retains 15% of all
I
~~~ revenues collected. Enrollment for gymnastics classes in 2007 has
resulting in increased expenses of $15,000. Revenues j
increased
,
will offset the increase in expenditures. (see attached memo for I
001.71.71620.82999 '. details) ~ $15,000
Subtotal, Recreations $15,000
Asset Mana ement
Staff is requesting budget authority to back f 11 the repurchase of
i Water Place Units # 19 and 13 in 2002 Staff is also requesting '
funding of Capital improvements for these units. This request is I
1 100% offset by the cunent sale proceeds and from the capital
reserve which is built up from 1.34 % of the unit resale price over the
001.91.83042.86000 years. (see attached memo for details) $395,000
Subtotal, Asset Mana emend ~ $395,000
SUBTOTAL, GENERAL FUND: ( ~' $439,150
Golf Fund ~
(Staff is requesting a supplemental request in operations budget
471.73.x~x;cx.xbc~t authority (see attached memo for details) $36,590
A private donation was received for the purchase and installation of '
new tee signs on the golf course. The Golf Advisory Board and staff i
approved the project. Nthough the funding was deposited in the Golf I
Funtl and the project has been completed, butlget was not
appropriatetl. Staff is requesting budget authority at this time. (see
471.94.81105.66000 attached memo for details) $15,500
~
Subtotal, Golf Fund
~' ' $52,090
:,
Asset Mana ement Ca ital
~. Staff is requesting re-authorization of budget authority fora 3rd floor
,remodel. Budget authority was inadvertently pulled from this project
'.tluring the last supplemental appropriation. (see attached memo for
000.13.62077.86000 (details) $30,000
i
'This Is a request to repurchase a PD radar trailer that was in an
f '~
laccident and totaled. CIRSA has reimbursed the City for loss o
asset The reimbursement from CIRSA will be used to pay for the
~
000.31.TBD.86000 ,
'.new trailer (see attached memo for details) $8,500 ~
Subtotal, Asset Maria ement Ca ital Fund s $38,500
Total New Requests All Funds:, $529,740 'i $529,740
Attachment C
I
CITY OF ASPEN
I
2007 Intertund Transfer
Trensfer From Fund '~ Transfer To Fund i Amount of Transfer '~. Pu ose of Intertund Transfer
000 -Asset Management I
'Wheeler Opera House $186,47011998 Street Improvements 10 Yr IF Loan
' Wheeler O era House I $65,000' Red Brick West End Project 10 yr IF Loan
Kids First Fund $181,690' 1998 Street Improvements 10 Yr IF Loan
I Debt Service Fund I 0~ 110' Transfer to Debt Service Fund
'Subtotal, Transfers From Asset
Mona ement Fund: '
$839,2701
001 -General Fund I
''AMP Fund $5,180,870'Fund New and Carty Forward Capital Projects
'Water Utility Fund $99,350;1!3 Global Warming-EH and CWF Projects
(,Parks and Open S ace Fund: $81,960:Annual Partial Subsidy of Food Tax Refund
(Housing Development Fund I $1,t26,850'~Transfer-Zupancis Property Re-purchase
.Trans ortation Fund $226,500~TDM Measures
i Transportation Fund '1 15$ 6.0001Operations Subsidy
I Subtotal, Transfers from General Fund: '. $8,871,5301
100 -Parks and Open Space Fund
'Parks and Open S ace Ca ital Fund i
$3,582,290 Transfer to fund budgeted 340 Capital improvement
projects.
.Debt Service Fund ~ $850,900 Parks 2005 Open Space Bonds
1Debt Service Fund ' $860,690 Parks Portion, 2001 Sales Tax Revenue Bonds
Debt Service Fund ~ 1
$951,160 2005 Parks and Open Space Revenue Bonds -
refunding 1999 bonds
' Parks and O en Space Ca ital Fund ~ (
$789,360 Transfer to fund budgeted 340 Capital improvement
projects- Second Supplemental
~
General Fund ~IOverhead Payment -General Govemment Support o
$671.980 Fund Operations
Subtotal, Transfers from Parks and '~
~0 en Space Fund:
$7,706,380.
120 -Wheeler Opera House Fund ~ '
j ~
(General Fund 1 Overhead Payment -General Govemment Support o
$239.720 Fund Operations
(Subtotal, Wheeler0 era House: $239,7201
140 -Parking Garage Fund
Debt Service Fund 12004 Certificate of Participation (Refunded, Originally
11 issued in 1989 to construct Rio Grande Parking
$689,500 i Garage
Trans ortation Fund $183,87010verhead, Admin, and Dial a Ride
General Fund 'Overhead Payment -General Government Support o
154 96011 Fund Operations
iSubtotal, Parkin Gara a Fund: $1,028,3301
150 -Housing Development Fund
1450 Trans ortation Fund ' $750,00018udingame mitigation
1450 Trans ortation Fund $15,000 Budingame car share vehicle
'. Truscott I Rental Housin Fund $1,341,190 Truscott I, 2001 Housing Bonds Subsidy
Truscott Landsca in -340 funds I This is the second year of a three years transfer for
$50,000 landscaping at Truscott
(Marolt Ranch Seasonal Housin Fund 1 Marolt Ranch Seasonal Housing, Subsidy for
$35,000'. Budgeted Capital Improvements
'
I~Housin Office O erations Fund 'APCHA Housing Office, Operations Subsidy (50% of
$177,070~Itotal Subsidy, split with Pitkin County
~~'~,General Fund ,Overhead Payment -General Govemment Support o
9$4 7,360Fund Operations
~~Subtotal, Housin Develo ment Fund: $2,865,620
151 -Early Childhood Fund
~, Kids First Fund $10,D00 Payment to Kids First for Admin. Services
' Kids First Fund $3 6501 Payment to Kids First for Admin. Services
,Kids First Fund 12840'. Payment to Kids Firsi for Admin. Services
Subtotal, Ead Childhood Fund:'. $26,490
152 -Day Care (Kids First (Yellow Brick) Fund
(General Fund $31,800 Transfer- New Pro a Mana er Position
Attachment C
CITY OF ASPEN
2007 Intertund Transfer
Transfer From Fund Transfer To Fu_ nd 1,
!General Fund
I Subtotal, Kids First Fund:,
340 -Parks and Open Space Capital Fund Amount of Transfer '~ Pur ose of Intertund Transfer
Overhead Payment -General Government Support o
6S 3.440-~FUnd Opemtions
$95,2401
(,General Fund 'Overhead Payment -General Govemment Support o
$31,130~Fund Operations
421 -Water Utili Fundl '
:General Fund
$1,000,000 Retum on Investment Payment, General Fund Sale
of Land to Water Utility for Operations Facilities
'Parks and O en S ace Fund $150,000 Water usage Conservation Programs
'
I~General Fund
',Subtotal, Water Utili Fund:: (
$618 040~
$1,768,0401 Overhead Payment-General Government Support o
Fund Operations
431 -Electric Utility Fund
.General Fund $385,8401 Franchise Fee Transfer to General Fund
'General Fund (
$314,330 Overhead Paymenf -General Government Support o
Fund Operations
~.Reudi H droelectric Fund
$410,000 Purchase of Hydroelectric power from City-owned
Generating Facili
'General Fund '
'~~ Water Utiii Fund '1 $84,3501
157 210 1/3 Global Warmin -EH and CWF projects
Electric Utility portion of Utility Billing Services
'~~Subtotal, Electric Utili Fund: $1,351,730
444 - Reudi Hydroelectric Fund
(General Fund Overhead Payment -General Government Support o
$11,410'~Fund Operations
450 -Transportation Fund I
lGeneral Fund ~ I, Overhead Payment -General Government Support o
$402,440~.Fund Operations
(Parks and O en S ace Fund $337,140 Contribution for Mall Rubey Park Mall Maintenance
iSubtotal, Trans ortation Fund $739,5801
471 -Golf Course Fundl
I
~~.General Fund ~ Overhead Payment -General Govemment Support o
115 720~Fund Operations
Subtotal, Golf Course Fund: $115,7201
491 -Truscott Rental Housing Fund I ''
'.General Fund Overhead Payment -General Government Support o
$22,400 1 Fund Operations
~~ ~
'.Housin O erations Fund .Overhead Payment -Housing Operations Support of
51 7801Fund Operations
.Subtotal, Truscott Housin Fund: I $74,1801
492 -Marolt Ranch Seasonal Housing Fund
'.
General Fund '
$17,720 Overhead Payment -General Government Support o
Fund Operations
Housin Operations Fund 'i Overhead Payment -Housing Operations Support of
22S 6.130~~~Fund Operations
Subtotal, Marolt Ranch Fund: $43,8501
620 -Housing Office Operations Fund '
General Fund: I ,Overhead Payment -General Government Support o
$74,870~.Fund O erations
Smuggler Housing Fund
(General Fund ' Overhead Payment -General Government Support o
$5,6701IFund Operations
I Housin O erations Fund 3 5101 Housing Overhead
(Subtotal, Smu ter Fund $9,160'
I
,
501 -Health Care Fund
~
IHeaRh Care Internal Service Bud et
! $2,453,1401
2007 TOTAL INTERFUND TRANSFERS Sz5,3a5,a1oj
,.~~-
~`
.~ ~I
~~, ..~~s
THE CITY OF ASPEN
Back Up Documentation For:
Memos
Detail Descriptions for Requests
TO: Mayor and City Council
THRU: City Manager's Office
CC: Finance Office
FROM: City Manager's Office
RE: 2007 Supplemental Budget Request
DATE: November 6, 2007
Summary:
Staff is requesting a supplemental appropriation of $7,650 for City Councils'
administrative budget.
Background and Discussion:
The 2007 City Council administrative budget was based on previous Councils'
expenditures and activities. The current Council is involved in more organizations,
local, and state affairs than previous councils and incurred expenses not anticipated in the
current budget. Increased travel, office furniture, and insurance claims have exceeded the
original budget.
Staff is requesting a supplemental appropriation of $3250 for Travel/Training to cover the
additional boazds and committees the mayor and council aze involved with; an additional
$2,400 for Councils' portion of insurance premiums; and $2000 for Materials for office
furniture (Council does not have a workstation replacement line item). The total of the
supplemental appropriation request is $7,650.
Alternatives:
Without approval of the supplemental request, the administrative budget will exceed
budget authority before the end of the yeaz.
MEMORANDUM
TO: Mayor and Council
FROM : Bentley Henderson
THRU: Paul Menter
DATE OF MEMO: November 15, 2007
MEETING DATE: November 26, 2007
RE: Supplemental appropriation
SUMMARY: Staff is requesting re-authorization of budget authority fora 3rd floor remodel.
Budget authority was inadvertently pulled from this project during the last supplemental
appropriation.
PREVIOUS COUNCIL ACTION: Approval of Resolution 41-2007 eliminated budget
authority for a prof ect that was intended to move forwazd in 2007.
DISCUSSION: In our effort to ensure that the budget more accurately reflected the nature of
our operations, we reduced or eliminated budget authority for a number of Asset Management
projects. Regrettably, a project that was intended to continue to have funding had its budget
authority eliminated. The action being requested represents essentially a technical adjustment to
re-appropriate that funding.
FINANCIAL IMPLICATIONS: The additional funding requested is $30,000, which added to
the existing $10,000 in budget authority represents the original budget authority of $40,000 for
this project.
RECOMMENDATION: Staff recommends approval of the reauthorization of budget authority
of $30,000 to complete a remodel effort on the 3`d floor of city hall.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and City Council
FROM: Richard Pryor
THRU: Steve Barwick
DATE OF MEMO: 11-9-2007
MEETING DATE: 11-26-2007
RE: 2007 Police Supplemental Budget Requests
REQUEST OF COUNCIL:
This supplemental funding memo includes requests for the following:
• Radaz Trailer reimbursement.
• The Right Door 2007 shortfall.
Council is being asked to approve all of the above supplemental requests.
DISCUSSION:
Radar Trailer reimbursement.
In August of this yeaz a private vehicle ran into one of the PD Radaz Trailers. CIRSA
wrote the trailer off and provided reimbursement to the PD. The PD needs to have an
equivalent amount to this revenue added into it's equipment budget in order to purchase a
replacement.
The Right Door 2007 shortfall.
The Right Door program has been enormously successful in providing services to the
Aspen and Pitkin County community. In 2007 its success has led to the necessity for
increased staffmg to support its client base. The Right Door has forecast a shortfall in the
amount of $43,000 for 2007. The Right Door has received supplemental funding from
Pitkin County in the amount of $21,500 to cover half of the shortfall. The Right Door is
requesting that the City of Aspen fund the remaining $21,500.
Page 1 of 2
FINANCIALBUDGET IMPACTS:
• Radar Trailer reimbursement.
One time appropriation (revenue already received) $ 8,500
The Right Door 2007 shortfall.
One time appropriation
$21,500
Total of current requests: $30,000
ENVIRONMENTAL IMPACTS:
• Radar Trailer reimbursement.
Functionality of a radar trailer leads to slower vehicle speeds and less fuel consumed.
The Right Door 2007 shortfall.
The increase in referrals may have lead to an increase in transportation by The Right Door
to places of treatment for it's clients. Direct City environmental impacts are minimal.
RECOMMENDED ACTION:
Police Department staff recommends the adoption of all the above listed appropriations.
ALTERNATIVES:
Radar Trailer reimbursement.
If council chooses not to fund this, the department will still have three functioning radar
trailers.
The Right Door 2007 shortfall.
The alternative would be to provide funds at a level lower than that requested or not at all.
If this were the case, the City of Aspen may see a reduction in services available through
the end of 2007. If this were the case, police officers may be placed in the position of
assisting fewer individuals, or of having to take Gaze of individuals when they could be
providing other services to the community.
CITY MANAGER COMMENTS:
Page 2 of 2
MEMORANDUM
TO: Mayor and City Council
FROM: Susan Arenella, Recreation Operations Manager
THRU: Tim Anderson, Recreation Director
DATE OF MEMO: November 5, 2007
MEETING DATE: November 26, 2007
RE; Supplemental Request for Gymnastics Program
REQUEST OF COUNCIL: Staff requests council to increase expenditures for the
gymnastics program by $15,000, which will be offset by revenues.
DISCUSSION: The Recreation department contracts with Aspen Gymnastics to run the
gymnastics program at the Red Brick gym. Aspen Recreation collects all program fees
and retains I S% of all revenues collected. Enrollment for gymnastics in 2007 has
increased, resulting in increased expenditures of $15,000.
FINANCIALBUDGET IMPACTS: The additional expenses will be offset by
increased revenues for the gymnastics program.
RECOMMENDED ACTION: Staff recommends increased budget authority of
$15,000 for the gymnastics program.
CITY MANAGER COMMENTS:
MEMORANDUM
TO: Mayor and City Council
FROM: Steve Aitken, Director of Golf
THRU: Jeff Woods, Parks and Recreation Manager
DATE OF MEMO: November 2, 2007
MEETING DATE:
gE; 2007 Supplemental Request
REQUEST OF COUNCIL: The Golf Department is requesting an additional budget authority
of $36,592 to the 2007 Golf Operating Budget and $15,500 to the 2007 Golf Asset Management
Plan.
DISCUSSION:
Operational expenses are forecasted to exceed 2007 budget for the Golf Fund. The Golf
Department is projecting an additional $36,592 in operational costs for 2007. To maintain the
expected level of customer service these expenses were addressed at a staff level at the time of
their occurrence.
Detail of the expenses is outlined below:
Electronic Tee Sheet. Additional integration with current systems was necessary to
provide for an efficient operation. Programming fees, wire runs, network server usages have all
been added to the project.
$15,100.00
The Golf Department is coming off a very strong year in revenues for 2007. It should be noted
that actual revenues exceeded 2007 budget. The largest contributor to the success of revenue
income was the implementation of the electronic tee sheet. It should be noted that $380,000.00 of
golf rounds were booked directly through the reservation portion of the tee sheet. The electronic
tee sheet enabled customers to reserve a tee time at the golf course 24 hours per day 7 days per
week. Thirty eight percent of all reservations were done through the Internet allowing for
Page 1 of 3
increased customer service in the golf shop. In addition exposure to The Aspen Golf Club has
increased significantly through connectivity on a worldwide basis.
Domain Name. The domain name aspengol£com was purchased to increase
exposure for the golf course and improve ease of tee time reservations.
$5,000.00
Fire Alarm Panel at Clubhouse. This panel was destroyed due to an electrical surge from a
lightning strike neaz the clubhouse.
$6,100.00
A/C Compressor Failure. The air conditioning unit at the clubhouse failed and needed to
be repaired.
$4,900.00
Equipment Rental. One of the mowers from golf fleet (due to be replaced in 2008)
failed due to a blown head gasket. To finish the mowing season we were able work with
equipment distributor to rent a mower for the remainder of the season.
$1,200.00
Labor and Supplies for Golf Course Improvements. Overall golf course improvements
(irrigation installation, pond installation, mounding, grading, seeding) were completed in 2006.
Final touchup work to the improved azeas of the golf course was completed in 2007. This
included spot seeding, weeding, rock removal and watering.
$4,292.00
Total additional operational costs 2007: 36,592.00
Page 2 of 3
Golf Asset Management Plan:
A private donation was received for the purchase and installation of new tee signs at the golf
course. The project was approved through the Golf Advisory Boazd and Staff. The entire cost of
the project was funded through this donation. The amount of the project is $15,500.00. The
project is now complete. Although funding was deposited in the golf fund, budget was not
created for the project. Staff requests that budget authority be provided in the 2007 budget for
this project.
Total Increase to the Golf Asset Management Plan: $15,500.00
FINANCIALBUDGET IMPACTS:
The Golf Fund is able to absorb these increases to budget authority due to a positive cash
balance. Projected positive cash balance with the increase in budget authority for 2007 would be
$60,000.00.
RECOMMENDED ACTION: Approval by City Council of increased budget authority of
$36,592 for 2007 Golf Operations and increased budget authority of $15,500 to the Golf Fund
Asset Management Plan.
ALTERNATIVES:
PROPOSED MOTION: "I move to approve Ordinance # ..."
CITY MANAGER COMMENTS:
Page 3 of 3
MEMORANDUM
TO: Mayor and Council
FROM : Bentley Henderson
DATE OF MEMO: 11-06-07
MEETING DATE: 11-26-07
RE: Supplemental Appropriation
SUMMARY: Provided for your consideration is a supplemental funding request for $395,000
for the repurchase of two Water Place employee units.
BACKGROUND: In the late 1990's the City developed some employee units located near the
City's water treatment plant on Castle Creek. Over the years employees have moved into and out
of those units. Present policy is that when a unit is vacated by an employee, the city purchases
the unit from that employee and resells it to another qualified employee. Based on the
irregularity of these transactions, they aze not included in annual budget appropriations.
FINANCIAL IMPLICATIONS: This is normally acash-in cash-out transaction. The only
variable would be if the housing category determination (as defined by APCHA), differs between
the seller and buyer. This request is to essentially back fill the general fund Asset Management
departmental budget so that is does not reflect and operational deficit.
RECOMMENDATION: Staff recommends approval of the supplemental appropriation for the
repurchase of two Water Place housing units.
CITY MANAGER COMMENTS:
Vllla.
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
Mayor Ireland and Aspen City Council
Sara Adams, Preservation Planner
Chris Bendon, Community Development Director
November 9, 2007
November 26, 2007
RE: 208 East Hallam Street, Establishment of Five (5) Transferable
Development Rights, Second Reading of Ordinance #42, Series
of 2007 (Parce12737-073-14-003)
REQUEST OF COUNCIL: The applicant requests City Council approve the establishment of
five 250 square feet Transferable Development Right certificates (TDRs).
BACKGROUND:
Lot History: The subject property is a 3,888
squaze foot lot that is located adjacent to the Red
Brick Center for the Arts and overlooks the
public trail that leads down to the Post Office. A
designated barn occupies the lot, and it has
undergone extensive rehabilitation to improve
the structural system and for livability added
shed roof dormers.
Previous actions:
o Historic Preservation Commission Approvals
^ In 2002, HPC approved a lazge addition to the designated barn. ~ Fortunately,
the addition was never pursued and the barn remains the only structure on the
property, as illustrated in the map above.
HPC recently approved a 120 square foot floor area bonus for the conversion of
the existing garage to living space, with the condition that the property records a
deed restriction forfeiting eligibility for the remaining 380 square feet of the
~ HPC Resolutions 24 Series of 2002 (Conceptual Approval) and 28 of 2002 (Final Approval) granted a
Development Order to the subject parcel that included a large addition to the historic barn. The vested rights expired
on this Development Order in 2005.
Revised 11/9/2007
G:\city\Saraa\frost barn far_tdrs\frostBarnsecondreading.doc
Page 1 of 3
floor area bonus? The approval of the Bonus is contingent on the establishment
of 5 TDRs; as HPC found that the overall project, including the severing of
available floor area, met the following criteria for granting a Floor Area Bonus
listed in Municipal Code Section 26.415.110.0:
b.) The historic building is the key element of the property and the
addition is incorporated in a manner that maintains the visual integrity of
the historic building
g.) The project retains a historic outbuilding
h.) Notable historic site and landscape features are retained
DISCUSSION:
• During First Reading, Council requested background information regarding the creation
of the subject lot. The subject lot and the lot containing the Mona Frost House that fronts
Hallam Street have historically been separate lots.3 Prior to 2002, an unopened alley
separated the Historic Barn and the residence that fronts Hallam Street. The alley was
vacated by the City° at the same time that City Council approved a rezoning of a portion
of the Historic Barn property from Service/Commercial/Industrial (SCI) to Medium
Density Residential (R-6) zone district so that the entire lot was located in one zone
districts
• The purpose of a TDR is to encourage the preservation of Historic Landmarks within the
City of Aspen by permitting those property owners to sever and convey, as a sepazate
development right, undeveloped Floor Area to be developed on a different and non-
historic property within the City of Aspen. Each TDR comprises 250 square feet of Floor
Area. The TDR program enables standard market forces, and the demand for floor area
and increased unit sizes in specific zone districts, to accomplish a community goal of
preserving Aspen's heritage as reflected in its built environment. Funds that are gained
from the sale of TDRs may be invested back into the landmark.
• The applicant requests approval from City Council to establish five (5) 250 square foot
TDR certificates, which equals a total of 1,250 squaze feet of unbuilt floor area to be
severed from the property. The final remaining unbuilt floor area on the property after
the severance of 1,250 square feet of floor azea will be 17 squaze feet.
^ The review criteria found in Exhibit A analyze the existing built development on the
property against the maximum allowable floor area to determine the amount of unbuilt
development that can be turned into TDRs. Development that already received approval
z HPC Resolution 33 Series of 2007 approves a 120 square foot floor area bonus with conditions. See Exhibit B.
Minutes are attached as Exhibit C.
' 1905 Sanbome map depicts the unopened alleyway and the separate pazcels in this block. See Exhibit F. Council
also requested information about the Mona Frost house. 'The Frost house was rehabilitated and an addition was
constmcted, The HPC awarded the 500 square foot FAR bonus to this lot and the development almost maximizes the
floor azea allowed on the site (including the 500 square foot Bonus).
° City Council Ordinance 20, Series of 2002 approved vacation of the alley between the historic residence and the
historic barn. See Exhibit D.
5 The Barn straddled a lot line, and the two properties were located in two different zone districts (SCI and R-6).
The owner of the barn acquired the other lot and merged the two to create the current lot. City Council Ordinance
19, Series of 2002 approved a rezoning from SCI to R-6 of the Historic Bam property. See Exhibit E.
Revised 11/9/2007
G:\city\Sazaa\frost barn far tdrs\frostBarnsecondreading.doc
Page 2 of 3
is also analyzed as part of the review process for establishing TDRs.b The property must
be a local landmark, i.e. listed on Aspen's Inventory of Historic Sites and Structures, to
establish TDRs.
Floor Area Analysis for 208 East Hallam:
Total allowable floor area for 3,888 square (2,648 + 120) _
foot lot in R-6 zone district (2,648 square 2,768 square feet of allowable floor area
feet) + Add floor area bonus (120 square on the subject property
feet) to property for garage to living space
conversion
Existing floor area on 208 East Hallam 1,2(10 square feet existing built floor area
Available unbuilt floor area (2,768 - 1,200) = 1,568 square feet unbuilt
floor area
Sever 5 TDR certificates at 250 square feet (1,568 -1,250) = 318 square feet
each (1,250 square feet total) unbuilt floor area on the site after severing
TDRs
Subtract floor area for the garage to living (318 - 301) =17 square feet
space conversion (301 square feet) unbuilt floor area on the site
RECOMMENDED ACTION: "In reviewing the proposal, Staff finds that the project meets the
applicable review criteria to establish five Transferable Development Rights and finds that TDRs
are a good tool for preserving a historic resource by reducing development pressure. Staff
recommends approval of the five TDR certificates."
PROPOSED MOTION: "I move to approve Ordinance #42 Series of 2007 upon
Second Reading."
CITY MANAGER COMMENTS
ATTACHMENTS:
A -Review Criteria.
B - HPC Resolution #33, Series of 2007.
C -HPC Minutes for July I1, 2007 meeting approving Resolution #33 Series of 2007.
D -City Council Ordinance #20, Series of 2002.
E - City Council Ordinance #19, Series of 2002.
F -1905 Sanborne Fire Insurance Map.
G -Application.
e See Exhibit A, criterion d.
' Because the first 250 square feet of a garage is exempt from the allowable floor azea calculation, converting a
gazage to living space contributes to the total floor area of the residence. HPC granted 120 square feet of floor area
on the condition that the property would sever five TDRs and the property would forgo the remaining 380 squaze
feet of the 500 square foot FAR Bonus through a deed restriction (Resolution #33, Series of 2007, Exhibit B).
Revised 11/9/2007
G:\city\Saraa\frost barn far_tdrs\frostBarnsecondreading.doc
Page 3 of 3
ORDINANCE N0. 42
(SERIES OF 2007)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING FIVE (5)
250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE
DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 208
EAST HALLAM STREET, LOTS D AND E, BLOCK 71, CITY AND TOWNSITE
OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL N0.2737-073-14-003.
WHEREAS, the Community Development Department received an application
from The Frost Barn, LLC c/o David A. Belford, 2950 E. Broad Street, Columbus, OH
(hereinafter "the Applicant"), represented by Mitch Haas of Haas Land Planning, LLC,
requesting the establishment of five (5) Historic Transferable Development Right
Certificates for the property located at 208 East Hallam Street, Lot D and E, Block 71,
City and Townsite of Aspen, Colorado; and,
WHEREAS, the subject property is zoned R-6 (Medium Density Residential);
and,
WHEREAS, 208 East Hallam Street, Lot D and E, Block 71, City and Townsite
of Aspen, Colorado is listed on the Aspen Inventory of Historic Sites and Structures; and,
WHEREAS, in order to establish a Historic Transferable Development Right
Certificate, the applicant shall meet the following requirements of Aspen Municipal
Code: Section 26.535.070 which is as follows:
26.535.070. Review Criteria for the Establishment of Historic Transferable
Develoament Right.
A Historic TDR Certificate for 250 square feet of Floor Area may be established by the
Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance,
finding all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a
single family or duplex residence is a permitted use, pursuant to Chapter
26.710. Properties on which such development is a conditional use shall not
be eligible.
b) It is demonstrated that the Sending Site has permitted unbuilt development
rights, for either a single family or duplex home, equaling or exceeding !wo-
hundred and fifty (250) square feet of Floor Area multiplied by the number
of Historic TDR Certificates requested
Ordinance No. 42, Series 2007
Revised 11/9/2007
G:\city\Saraa\frost barn far_tdrs\208ehallam_ordinance.doc
Page I of 4
c) It is demonstrated that the establishment of TDR Certiftcates will not create
a nonconformity. In cases where nonconformity already exists, the action
shall not increase the specifu nonconformity
d) The analysis of unbuilt development right shall not only include the actual
built development, any approved development order the allowable
development right prescribed by zoning, and shall not include the potential
of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives
e) Any development order to develop Floor Area, beyond that remaining
legally connected to the property after establishment of TDR Certificates,
shall be considered null and void.
f) The proposed deed restriction permanently restricts the development of the
property (the Sending Site) to an allowable Floor Area not exceeding the
allowance for a single family or duplex residence minus two hundred and
ftfty (250) square feet of Floor Area mulliplied by the number of Historic
TDR Certifuates established. The deed restriction shall not stipulate an
absolute Floor Area, but shall stipulate a square footage reduction from the
allowable Floor Area, as may be amended from time to time. The Sending
Site shall remain eligible for certain Floor Area incentives and/or
exemptions as may be authorized by the City of Aspen Land Use Code, as
may be amended from time to time. The form of the deed restriction shall be
acceptable to the City Attorney.
g) Areal estate closing has been scheduled at which, upon satisfaction of all
relevant requirements, the City shall execute and deliver the applicable
number of Historic TDR Certificates to the Sending Site property owner and
that property owner shall execute and deliver a deed restriction lessening
the available development right of the subject property together with the
appropriate fee for recording the deed restriction with the Pitkin County
Clerk and Recorder's Office.
h) It shall be the responsibility of the Sending Site property owner to provide
building plans and a zoning analysis of the Sending Site to the satisfaction
of the Community Development Director. Certain review fees may be
required for the conftrmation of built Floor Area.
WHEREAS, upon review of the application, and the applicable code standards,'
the Community Development Department recommended approval, with conditions, of the
proposed establishment of five (5) Historic Transferable Development Rights; and,
WHEREAS, on September 24a', 2007 the Aspen City Council approved Ordinance
No. 42, Series 2007, on First Reading by a four to zero vote, approving with conditions the
establishment of five (5) Historic Transferable Development Right Certificates for the
property located at 208 East Hallam Street, Lot D and E, Block 71, City and Townsite of
Aspen, Colorado; and,
WHEREAS, during a duly noticed public hearing on November 26a', 2007, the
Aspen City Council approved Ordinance No. 42, Series 2007, by a vote, approving
with conditions the establishment of five (5) Historic Transferable Development Right
Certificates for the property located at 208 East Hallam Street, Lot D and E, Block 71,
City and Townsite of Aspen, Colorado; and,
Ordinance No. 42, Series 2007
Revised 11/9/2007
G:\city\Saraa\frost barn far_tdrs\208ehallam_ordinance.doc
Page 2 of 4
WHEREAS, the Aspen City Council has reviewed and considered the proposal
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 request to establish five (5) Historic
Transferable Development Rights meets the intent of the Aspen Historic Preservation
Program and is consistent with 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 RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1
The City Council finds that the application meets all required standazds and eligibility as
stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is
complete and sufficient to afford review and evaluation for approval; and
Section 2
The City Council does hereby establish five (5) Historic Transferable Development
Rights of 250 squaze feet of Floor Area each to the sending site located at 208 East
Hallam Street, Lot D and E, Block 71, City and Townsite of Aspen, Colorado with the
following conditions:
1. Upon satisfaction of all requirements, the city and the applicant shall establish
a date on which the respective Historic TDR Certificates shall be validated
and issued by the City and a deed restriction on the property shall be accepted
by the City and filed with the Pitkin County Clerk and Recorder.
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall
execute and deliver the applicable number of Historic TDR Certificates to the
property owner and the property owner shall execute and deliver a deed
restriction lessening the available development right of the Sending Site (208
East Hallam Street, Lot D and E, Block 71, City and Townsite of Aspen) by
1,250 square feet together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed 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 unconstitutiona- in a court of competent jurisdiction, such portion
Ordinance No. 42, Series 2007
Revised 11/9/2007
G:\ciry\Saraa\frost barn faz_tdrs\208ehallam_ordinance.doc
Page 3 of 4
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5•
A public hearing on the ordinance will be held on the 26`a day of November, 2007, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24s' day of September, 2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 26s' day of November, 2007.
Michael C. Ireland, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
Ordinance No. 42, Series 2007
Revised 11/9/2007
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Page 4 of 4
Exhibit A
Section 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE
DEVELOPMENT RIGHT.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a single-
family or duplex residence is a permitted use, pursuant to Chapter 26.710.
Properties on which such development is a conditional use shall not be eligible.
Staff Finding:
The proposed 3,888 square foot sending site is located within the R-6 zone district, which allows
residential single-family use. The sending site is a designated Historic Landmak, listed on the
Aspen Inventory of Historic Landmark Sites and Structures.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights,
for either a single family or duplex home, equaling or exceeding two-hundred and
ftfty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding:
The subject property has a total allowable FAR of 2,648 square feet fora 3,888 squaze foot
property in the R-6 zone district. A total of 1,448 squaze feet of floor azea remains unbuilt on the
site. The property is eligible to establish five (5) Historic TDR Certificates, worth 250 square
feet each, which amounts to severing a total of 1,250 square feet of floor azea. A remainder of
198 squaze feet of unbuilt floor azea will remain on the property.
c) It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the speciftc nonconformity.
Staff Finding:
The establishment of five TDRs will not increase or create anon-conformity.
d) The analysis of unbuilt development right shall not only include the actual built
development, any approved development order the allowable development right
prescribed by zoning, and shall not include the potential of the Sending Site to gain
Floor Area bonuses, exemptions, or similar potential development incentives.
Staff Finding: This is a two part analysis: 1) actual built development, i.e. the existing
condition of the property and 2) analysis of approved development
Exhibit A
Revised 11/9/2007
G:\city\Sazaa\frost barn faz_tdrs\208easthallamExhibitA.doc
Page 1 of 3
Analysis of actual built development:
The existing rehabilitated barn structure includes 1,200 square feet of floor area out of an
allowable floor area of 2,648 square feet. The unbuilt floor azea existing on the site is 1,448
square feet. The applicant requests to sever five TDRs, a total of 1,250 square feet of floor azea,
which will leave 198 squaze feet of unbuilt floor area on the property.
Analysis of approved development:
HPC granted 120 squaze feet of the floor area bonus for historic resources with the conditions
that 1.) the property severs five TDRs and 2.) the property records a deed restriction Forgoing
eligibility to receive the remaining 380 square feet of the 500 squaze foot FAR bonus. The bonus
floor azea will be used to convert the existing garage to living space. This conversion does not
affect the exterior of the building, but adds to the total allowable floor area on the property.
After the severance of five TDRs and the conversion of the gazage to living space, 17 squaze feet
of unbuilt floor area will remain on the property.
e) Any development order to develop Floor Area, beyond that remaining legally
connected to the property after establishment of TDR Certificates, shall be
considered null and void
Staff Finding: The property will not include any development order to develop Floor Area
beyond that remaining legally connected to the property after the establishment of five TDR
certificates. The applicant proposes to forgo the remaining 380 squaze feet of the FAR Bonus for
historic properties, after five TDRs are severed from the property and the 120 square feet of the
bonus is applied to the garage conversion. The conversion will not involve any more Floor Area
than permissible under this standard.
~ The proposed deed restriction permanently restricts the development of the property
(the Sending Site) to an allowable Floor Area not exceeding the allowance for a
single family or duplex residence minus two hundred and fifty (250) square feet of
Floor Area multiplied by the number of Historic TDR Certificates established. The
deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a
square footage reduction from the allowable Floor Area, as may be amended from
time to time. The Sending Site shall remain eligible for certain Floor Area
incentives and/or exemptions as may be authorized by the City of Aspen Land Use
Code, as may be amended from time to time. The form of the deed restriction shall
be acceptable to the City Attorney.
Staff Finding:
The applicant clearly states an understanding of this standard (f) in the application.
g) Areal estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of Historic
TDR Certificates to the Sending Site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of
Exhibit A
Revised 11/9/2007
G:\city\Sazaa\frost barn faz tdrs\208easthallamExhibitA.doc
Page 2 of 3
the subject property together with the appropriate fee jor recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
Staff Finding:
The application states that the requirements of section (g) are understood by the applicant.
h) It shall be the responsibility of the Sending Site property owner to provide building
plans and a zoning analysis of the Sending Site to the satisfaction of the
Community Development Director. Certain review fees may be required for the
confirmation of built Floor Area.
Staff Finding:
The application demonstrates a clear understanding of the requirements of section (h).
Exhibit A
Revised 11/9/2007
G:\city\Saraa\frost barn far_tdrs\208easthallamExhibitA.doc
Page 3 of 3
Exhibit B
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
APPROVING AN APPLICATION FORA 120 SQUARE FOOT FAR BONUS FOR THE
PROPERTY LOCATED AT 208 EAST HALLAM STREET, LOTS D AND E, BLOCK 71,
CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION N0.33, SERIES OF 2007
PARCEL ID: 2737-073-14-003.
WHEREAS, the applicant, The Frost Barn, LLC c/o David A. Belford. 2950 E. Broad Street,
Columbus, OH represented by Mitch Haas of Haas Land Planning, LLC, has requested 120
square foot FAR Bonus for the property located at 208 East Hallam Street, Lot D and E, Block
71, City and Townsite of Aspen, Colorado.
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, the procedure for a Minor Development Review is as follows. Staff reviews the
submittal materials and prepares a report that analyzes the project's conformance with the design
guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC
with relevant information on the proposed project and a recommendation to continue, approve,
disapprove or approve with conditions and the reasons for the recommendation. The HPC
reviews the application, the staff analysis report and the evidence presented at the hearing to
determine the project's conformance with the City of Aspen Historic Preservation Design
Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the
application to obtain additional information necessary to make a decision to approve or deny; and
WHEREAS, for approval of an FAR Bonus, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine, per Section 26.415.110.0 of
the Municipal Code, that:
a. The design of the project meets all applicable design guidelines; and
b. The historic building is the key element of the property and the of the historic
addition is incorporated in a manner that maintains the visual integrity
building and/or
c. The work restores the existing portion of the building to its historic appearance; and/or
d. The new construction is reflective of the proportional patterns found in the historic
building's form, materials or openings; and/or
e. The construction materials are of the highest quality; and/or
L An appropriate transition defines the old and new portions of the building; and/or
g, The project retains a historic outbuilding; and/or
h. Notable historic site and landscape features are retained; and
RECEPTION#: 540466, 0713012007Exhibit e
'11;58:31 AM, HPC Resolutiyr7~~F~~`t 7~(I~N
1 OF 3, R 516.00 Doc Code KES U ~ ~~
Janice K. Vos Caudill, Pitkin County, CO
Exhibit B
WHEREAS, Saza Adams, in her staff report dated July 11th, 2007, performed an analysis of the
application based on the standards, found the review standards and the "City of Aspen Historic
Preservation Design Guidelines have been met, and the criteria for an FAR Bonus is
demonstrated; and
WHEREAS, at their regular meeting on July 11, 2007, the Historic Preservation Commission
considered the application, found the application fora 120 square foot FAR Bonus met the "City
of Aspen Historic Preservation Design Guidelines" and Aspen Municipal Code review criteria,
and approved the application by a vote of four to zero (4 - 0).
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby recommends approval of the application fora 120 square foot FAR Bonus for the
property located at 208 East Hallam Street, Lots D and E, Block 71, City and Townsite of Aspen,
Colorado with the following conditions:
l . HPC finds that FAR Bonus criteria b, g, and h aze met in the application.
2. The property owner shall record a deed restriction with the Pitkin County Clerk and
Recorder forfeiting eligibility for the remaining 380 square feet of the FAR Bonus in
perpetuity.
3. The 120 square foot FAR Bonus is granted for the conversion of the existing gazage into
living space and is contingent on the establishment and severance of five (5)
Transferable Development Right (TDR) Certificates, each worth 250 squaze feet of FAR,
from the property.
4. No exterior changes aze permitted without HPC approval.
5. The development approvals granted herein shall constitute asite-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effectiv ridhts and shall renders the
order shall also result in the forfeiture of said vested property g
development order void within the meaning of Section 26.104.050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
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 properly right, valid for a period of three (3) years,
Exhibit B
HPC Resolution #33, of 2007
Exhibit B
pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado
Revised Statutes, perisining to the following described property: 208 East Hallam Street.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances or
the City of Aspen provided that such reviews and approvals are not inconsistent with this
approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
APPROVED BY THE COMMISSION at its regular meeting on the 11th day of July 2007.
Approved as to Form:
--
Jim True, Special Counsel
Approved as to content:
HISTORIC PRESERVATION COMMISSION
~~N
Chair
A'
Chief Deputy Clerk
Exhibit B
HPC Resolution #33, of 2007
ASPEN HISTORIC PRESERVATION COMMISSION ExhibitC
MINUTES OF JULY 11.2007
405 Gillespie - 707 N. Third .............................................................................................. 3
ASPEN JEWISH COMMUNITY CENTER -recommendation ....................................... 4
435 W. Main -variance ...................................................................................................... 5
500 W. Francis -Minor Development ............................................................................... 6
208 E. Hallam - Frost Bam FAR bonus ............................................................................. 7
Exhibit C
HPC Minutes for July 11th Meeting approving Resolution #33, of 20071 of 3
1
ASPEN HISTORIC PRESERVATION COMMISSION Exhibit C
MINUTES OF JULY 11.2007
208 E. Hallam -Frost Barn FAR bonus
Exhibit I -affidavit
Sara said this request for 120 square foot bonus is a little different than your
normal request because the bam has already been rehabbed. The property
will voluntarily forfeit the remaining 380 square feet of the FAR bonus if the
120 square foot bonus is granted and that will be contingent on the
establishment of buy TDR certificates. The bonus is needed to convert the
garage into living space. There is 1,147 square feet of un-built FAR
remaining on the property. Staff finds that this request meets the criteria for
a bonus. By granting the 120 sq. ft. the applicant is able to establish one
more TDR. If the bonus is granted they forfeit 380 square feet of the
remaining bonus and they sever the five TDR's then there will be 17 square
feet of un-built FAR on the property. Basically the way you see the barn is
the way it will remain and staff feels this is a great preservation effort.
Mitch Haas, planning consultant
The applicant has a couple options. They could convert the garage to living
space and have 1,140 square feet of FAR build out left on the property and
the potential to ask for the 500 square foot bonus.
They could convert the garage and ask for 4 TDR's without the bonus. Once
you sever the TDR's the end result would be another 147 square feet of FAR
left plus the potential of 500 square foot bonus.
Mitch said to leave nothing left on the property we need a small bonus to
make the math work so that we can sever 5 TDR's and leave only 17 square
feet. The concept is very basic. The approval would be conditional on
council approving the TDR's and the owner severing them.
Sarah said it seems like he is using the 120 of the bonus for the building and
packaging the leftover square footage of allowable FAR into TDR's.
Brian said the crux of the matter is there is a discrepancy between 147
square feet and an additional 1,000 square feet that could be built
somewhere else.
Exhibit C
HPC Minutes for July 11th Meeting approving Resolution #33, of 20072 of 3
ASPEN HISTORIC PRESERVATION COMMISSION
MINUTES OF JULY 11, 2007
Exhibit C
Sarah said she understands the reason for the bonus but we are giving you
square footage for not doing anything. I somewhat feel this is contrary to_
what the program is for.
Michael said there are a few assumptions here, he has a right to buildup to
the maximum FAR which is wrong.
Sarah said you should build to the right you have by code. This barn is not
the historic barn and that should be taken into account.
Michael said he supports the application but not the assumptions.
Mitch said this is simply that we move the square footage or not.
Chairperson, Jeffrey Halferty opened the public hearing. There were no
public comments and the public hearing was closed.
Michael said this is about preserving the balance of the lot and he can
support the small bonus. The HPC also needs to make a finding.
Jeffrey said we have an adaptive reuse of this barn and there is a greater
appreciation of this building.
Sarah said we are not talking about this historic structure we are voting on
that we are not building or adding onto this structure. Sarah said the
variance request meets criteria B, G, H for granting the FAR bonus and that
we appreciate the owner's willingness to transfer the development right
away from this property.
MOTION.• Michael moved to approve Resolution #33, second by Sarah. All
in favor, motion carried.
MOTION.• Michael moved to adjourn; second by Sarah. All in favor,
motion carried.
Meeting adjourned at 7:15 p.m.
Kathleen J. Strickland, Chief Deputy Clerk
Exhibit C
HPC Minutes for July 11th Meeting approving Resolution #33, of 20073 of 3
4 Exhibit D
03:23P
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111111 IIIN I~III IIIIN ~ ~IIII IIIII III NNI If II IIII 4 0 953
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ORDINANCE NO. ~_
(Series of 2002)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
VACATE A PORTION OF THE ALLEY IN BLOCK 71, WITHIN THE CITY OF ASPEN,
PTTIQN COUNTY, COLORADO.
WHEREAS, a petition to vacate certain right-of-ways or portions thereof has been filed
by record owners of all lands which abut the streets or portions thereof petitioned to be vacated;
and
WI~REAS, the right-of-ways or portions thereof petitioned to be vacated are located
entirely within the corpor~telimits of the Ci of A
ty spent and
WHEREAS, the vacation petition has been reviewed by the City Engineer and a
e:Su
determination made that the petition complies in all respects with the City's Public Rights-of-
ways Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to
said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of--way connecting such lands to an established
public street; and
WHEREAS, the petitioners have satisfied or performed all conditions and requirements
imposed by the City Engineer in connection with the requested vacation; arxi
WHEREAS, the City Council has determined that the public use, convenience and
necessity will no longer require the hereinafter described public right-of--ways or portions
thereof.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
t
$eCtlOn 1. I II~III III III~II IIIIII IIII I~I~II IIII) flI VIII IIII III I 0 0 y g.Cr7 0 0003.23Pibi~ D
That the portion of the alley between hots D and E and Lots N and O (a/k/a Lots H and
I) of Block 71, within the City of Aspen, Firkin County, Colorado, as more specifically depicted
on that map entitled "Map of the Portion Alleyway Requested to be Vacated", and annexed
hereto and made a part hereof as Exhibit "A", shall be, and the same hereby is vacated subject to
the conditions set forth below.
Section 2.
That ownership and title to ttte lands so vacated shall vest as provided in and by Section 43-2-
302. C.R.S.
Section 3.
That the City Clerk be and hereby 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 4.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 5.
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.
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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 heazing on the ordinance shall be held on the 8th day of July, 2002, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the Ciry
Council of the City of Aspen on the 24th day of June, 2002.
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FINALLY adopted, passed and approved this ~ day of
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Clerk
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Exhibit E -
Ordinance No. 19
(Series of 2002)
AN ORDINANCE OF THE„CITY COUNCIL OF THE CITY OF ASPEN j
;,
APPROVING THE REZONING ~'1tO1~I SCE
(SEItVIC~TCOMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY
RESEIDENTIAL) OF A TRIANGULAR PORTION OF I,OT 4, TRUEMAN _
NEIGHBQRHOOD:PROJECT.PROpyERTY LOCATED NORTH OF LOTS D AND E
0)! BUCK 71,"ORIGINAL ASPEN TOWNSITE; LOC~D'"`A'f 2~6E: ])3~CA`Ll.el"NI" - .
STREET, CITY AND TOWN$ITE OF ASPEN, PITKIN COUNTY, COLORADO.
`'~ ~ Parcel No.2737-073-14-001
WHETtEAS, the Community bevelopment Department received an application from
Frosf Property LLC, represented by Stan Clawson Associates, LLC, requesting rezoning
approval pursuant to Section 26.310.10 bf the Land Use Code for a property located at 216
East Hallam Street in the City of Aspen; and
WFIEREAS, the Community Development Department - Staff reviewed the
Application for compliance with the Rezoning Review Standards and has reviewed the
subject property and finds it to be that property described by Pitkin County, Colorado District
Court, Decree Quieting Title, Case No. 02 CV 40; and
WHEREAS, the City Zoning ,.Officer, the City Engineer, the Pazks .Department,
Aspen Consolidated. Sanitation District, and the City Fire Department:reviewed the rezoning
and development proposal for 21b ,East ,Hallam Street and provided written referral
corttrtients as a result of the Development. Review Committee meeting; and
WHEREAS, upon review of the application, referral comments, and the applicable
Land Use Code standards, the Community Development Director recommended approval of
the Rezoning with conditions stated herein; and,
.:WHEREAS, the Aspen Planning and Zoning Commission reviewed, and considered , _, . , ,. w _, .._,
the development propposal under the applicable provisions of the Municipal Code as identified
herein, grid conducted a duly noticed public hearing on March 5, 2002 and by a vote 'of six to
zerotecommended that the City Council approve the rezoning from SCI to R-6; and
WHEREAS, the Aspen City Council. has Teviewed and considered the_development
proposal under, the applicable provisions of the Municipal Code as identified herein, have
reviewed and considered the, recommendation„of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken public
comment at a public healing; and,
WHEREAS, the Aspen City Council finds that the rezoning request meets or exceeds
all applicable review standards and. that the approval of the rezoning is consistent with the
goals and elements. of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety and welfare.
IlillllllillllllillllllllNlllillllllilllllhllllllllll 0 ~®sa ~a9:as~
SILVIR DRVIS PITKIN COUNTY CO R 16.00 D
Exhibit E
NOW, THEREFORE, BE IT ORDAINED BY TAE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, as follows:
Section 1
Pursuant to the procedures and standards set forth iu Title 26 of the. Aspen Municipal Code,
the City Council hereby approves the Rezoning from 5/C/I to R-6 a property located at 216
East Hallam for property described as:
A PARCEL OF LAND BEING A PART OF LOT 4, TRUEMAN NEIGHBORHOOD
COMMERCIAL PROJECT AS RECORDED IN PLAT BOOK 5 AT PAGES 70 ,
THROUGH
75 IN THE OFFICIAL RECORDS FOR PTTKIN COUNTY, COLORADO, SAID
PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST .SOUTHERLY CORNER OF SAID LOT 4,
WHENCE THE
WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE SLYTH PRINCIl'LE MERIDIAN BEARS NORTH 17° 47' 34"
WEST, A DISTANCE OF 1348.91 FEET;
THENCE NORTH 43° 08' 33" WEST, A DISTANCE OF 70.76 FEET MORE OR
LESS ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LOT 4 TO A
POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "T',
BLOCK 71
ORIGINAL ASPEN TOWNSITE,PROJECTED NORTHERLY, THE TRUE POINT
OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY OF
LOT 4,
NORTH 43° 08' 33" WEST, A DISTANCE OF 70-76 FEET TO A POINT OF
INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "D", BLOCK 71
THENCE NORTH 14° 50' 49" EAST, A DISTANCE OF 29.62 FEET ALONG
SAID LOT "D» WESTERLY BOUNDARY PROJECTED NORTHERLY;
THENCE SOUTH 7$° 48' 37" EAST, A DISTANCE OF 15.55 F'E'E"T; "
THENCE SOUTH 78° 26' 25" EAST, A DISTANCE OF 26.16 FEET;
THENCE SOUTH 63° 52' 32" EAST, A DISTANCE OF 18.70 FEET TO A
POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE
WESTERLY BOUNDARY OF SAID LOT "J",BLOCK 71 ORIGINAL ASPEN
TOWNSITE;
THENCE SOUTHERLY ALONG SAID NORTHERLY PROJECTION SOUTH 14°
50' 49'>
WEST, A DISTANCE OF 65.15 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE PROPERTY DESCRIPTION CALCULATES TO CONTAIN AN
AREA OF
2925.506 SQUARE FEET MORE OR LESS.
Section 2
IIIIIIIVIIIIIIUIIIIIIIIIIIIgIIIIIIIIIIIVIIIIIIIIIII 452760030 09:38F
SILVIH DRVIS P17KIN COUNTY CO R 18.00 D 0.00
Exhibit E
Tlvs 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 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
A public hearing on this Ordinance was set for July 8, 2002 at a meeting to commence 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 with the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24`n day of June, 2002.
Attest:
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Approved as to form:
Clerk
passed and approved this 8s' day of July, 2002.
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Attest:
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HAAS LAND PLANNING, LLC
May 14, 2007
Mrs. Amy Guthrie
Aspen Historic Preservation Planner
130 South Galena Strcct
Aspen, CO 8161 I
RE: Application for an Insubstantial Amendment, Request for FAR Bonus, and
Establishment of Five (5) Historic Transferable Development Rights (TDR) for
The Frost Barn Property, LLC (208 E. Hallam Street) as a Sending Sitc
Dear Amy:
Please consider this letter to constitute a formal request for an Insubstantial
Amendment, a FAR Bonus, and establishment of 208 East Hallam Avenue (Lots D and
E, Block 71, plus the remaining portion of Trueman Subdivision Lot 4, City & Townsite
of Aspen; Parcel Identi tication Number 2737-073-14-003) as a "Sending Site" for five (5)
Historic TDR. The proposed sending site is a 3,888 square foot lot located at 208 East
Hallam Street, and is a designated Historic Landmark. The site is zoned R-6. Medium
Density Residential. It is in the predominantly single-family residential West End
neighborhood but is located next to the Red Brick Center for the Arts and backs up to the
hillside overlooking the post office. A vicinity map (not to scale) showing the location of
the subject property is provided below.
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• 201 N. MILL STREET. SUITE 108 ASPEN, COLORADO 8161 1
• PHONE: (970) 925-781 9 FAX: (970) 925-7395
The allowable Floor Area for this R-6 zoned lot is 2,648 square feet exclusive of
potentially available bonuses. The current Floor Area of the home is 1,200 square feet,
leaving 1,448 square feet of potential for additions. The applicant plans to convert the
current garage to living space which, while not changing the appearance of the structure,
would add 301 square feet to the measured Floor Area; this will leave 1,147 square feet of
remaining development potential. Severing the remaining un-built Floor Area would
provide four (4) TDR but would leave another 147 square feet of Floor Area on the
property for future additions.
Rather than allow the potential for 147 square feet of additions to the historic
resource, the applicant intends to use a 120 square foot Floor Area bonus from the HPC
towards conversion of the garage space to living area. In exchange for the 120 square
foot Floor Area bonus, the applicant hereby volunteers the following conditions: 1) that
the property be prohibited from future requests for additional Floor Area bonuses, and 2)
that, prior to issuance of a building permit for the garage conversion, five (5) TDR be
severed from the property, leaving only 17sf of un-built Floor Area. These conditions
effectively remove all remaining development potential from the property and guarantee
an outstanding preservation effort in perpetuity (the 17sf remaining will accommodate
any small errors that might have been made in calculation of existing Floor Area but will
not be adequate to allow for anything more than a negligible addition).
Since the applicant already plans to convert the garage to living space, it would be
too much risk to fully sever the TDR without first knowing that the conversion is
approved and enabled. As a result, the proposals made herein are strategically sequenced
to ensure that severance of five (5) TDR would maintain consistency with the
requirements of Code Section 26.535.070(D), which requires an analysis of un-built
development rights versus the allowable development right prescribed by zoning
exclusive of the potential for the Sending Site to gain Floor Area bonuses. For example,
the applicant will: lsr) obtain the 120sf FAR bonus from the HPC with the conditions
enumerated above; 2"`~) sever 1,250sf of un-built Floor Area in exchange for the issuance
of five (5) TDR Certificates thereby satisfying the condition of the HPC approval and
allowing the bonus to take effect; 3rd) complete the garage conversion to living space.
Given the above proposed conditions and explanation of sequencing, the analysis
of un-built development rights pursuant to Section 26.535.070(D) of the Code is as
follows:
(A)Allowable Floor Area exclusive of bonuses = 2,648sf
(B) Total Existing Floor Area = (b.l J + (b.2 J + (6.3.) = 1,199.48sf = 1,200sf
(b.l.) Terrace Level Floor Area = 720sf x 8.4% = 60.48sf
(i) Total Wall Area= 1,080sf
(ii) Total Wall Area Exposed/Above Grade = 91st
(iii) Percentage of Wall Area Exposed/Percentage of Terrace Level Square
Footage to be Counted as Floor Area = 91sf/1,080sf= 0.084 = 8.4%
(iv) Total Square Footage ofTerruce Level = 720sf
Frost 6arn208 E. Hallam Street Page 2
(b.2.) First Story Fluor Area = 51 sf+ 368sf = 419sf
(i) Existing Garage Square Footage (Gross) = 352sf
(ii) Existing Garage Space Exempt from Floor Area = [250 + (102 x
50%)] = 301 sf
(iii) Total Garage Flour Area = 352sf- 301 sf = 51 sf
(iv) Remaining First Story Floor Area = 368sf
(b3.) Second Story Floor Arca = 720sf
(C) Un-built Floor Arca = (A) - (B) = 1,448sf
(D)HPC Floor Area Bonus to he used/applied only after 5 TDR are severed = 120sf
(E) Applicant Severs 5 TDR worth 250sf each = 1,250sf
(F) Remaining Un-built Floor Area Exclusive of HPC Bonus = (C) - (E) = 198sf
(G) HPC Condition Satisfied and Bonus Applied = (F) + (D) = 318sf
(H) Garage Conversion Completed, using 301 sf (see b.2.ii., above)
(I) Final Remaining/Un-built Floor Area = (G) - (H) = 17sf
As demonstrated above, the total un-built development rights ((C), above) are
1,448sf of Floor Area. Severing of five TDR (1,250sf) will leave 198sf of un-built
development rights. With the HPC bonus of 120sf then applied, the un-built
development rights will increase to 318sf ((G), above) and enable issuance of a building
permit for the garage conversion.
The applicant has several options available at the present time. First, the applicant
could come in now with just the conversion of the garage to living space. Once
completed, the property would still have the potential to build on an additional 1,147
square feet, not to mention the ability to also request a 500 square foot FAR bonus
(resulting in a total of up to 1.647 square feet of remaining development potential).
Another possibility would be to come in now with the garage conversion and
sever 4 TDR. That would leave the property with 147 to 647 square feet of
future/remaining development potential (depending on how much bonus square footage
might be granted to the property).
The applicant's current request of a 120 square foot FAR bonus, coupled with the
severing of 5 TDR will (cave the property with only 17 square feet of remaining
development potential, thereby ensuring that there will be no future additions to this
historic resource and guaranteeing and outstanding preservation effort in perpetuity.
Insubstantial Amendment, Section 26.475.070(E)(1)(a)(4)
/nsubs4mrtiul umendmentc are minor modifications to lIPC approved plans
that chtrnge the .v'hupe, locution or mutc>riul of u hailding element or feature
bat maintuin.c the some ytrulity and approximate appearance gJ'tha~ found in
the upprorec(plun.x.
Frost Barar20R E. ftallam Strccl Page 3
The subject property and its existing structure have already received HPC
approvals and have, therefore, been found to be consistent with the HPC Guidelines.
There are no changes proposed to the exterior of this property; rather, only the interior of
the garage building elemenUfeature will be converted to living space. The quality and
exterior appearance of the current building will remain unchanged from that found in the
approved plans.
FAR Bourrs, Section 26.415.110(e)
The City of Aspen is cormnitted to providing support to property owners to assist
their efforts in maintaining, preserving and enhancing their historic properties.
Rewgnizing that these properties are valuable community assets is the basic premise
underlying the provision of special procedures and programs for designated historic
properties and districts. Accordingly, Section 26.415.1 10(e) of the Code states that, "in
selected circ[«nst«ncee the HPC may grunt up ro jive hundred (S00) «ddition«l squae
feet of «!!ow«ble,Jloor «reu far projects involving design«ted historic properties. " The
applicant is requesting aone-time 120 square foot Floor Area bonus subject to the
following voluntary conditions: 1) that the property be prohibited from future requests for
additional Floor Area bonuses, and 2) that, prior to issuance of a building permit for the
garage conversion, five (5) TDR be severed from the property, leaving only 17 or so
square feet of un-built Floor Area.
The following criteria must be met for the property to be considered for the bonus:
u. The design q/'the project meets «Il applic«ble design guidelines;
As mentioned above, this home has already been approved as consistent with the
HPC Guidelines, and there are no proposed changes to the exterior of this property.
Granting of the FAR bonus provides assurance that the guidelines-compliant project will
henceforth be preserved in its current form and size.
h. The historic builditg is the key element gJ'the property «nd the udditia7 is
incorpnra[ecl in u manner thut maintnin.r dre visual integrity of the hictnric
huilrling;
The historic "Frost Barn" is the key element of the property. The visual integrity
of the "Frost Bam" will be maintained as there arc no proposed changes to the exterior of
the building. As a result of the proposal made herein, only 17 square feet of un-built
development potential will remain with the property, thereby providing a perpetual
guarantee that the historic building will continue to be the key element of the property
and that no additions will occur in a manner that could lessen the visual integrity of the
historic building.
c. The ww•k re.+•rores the existing portion of the htrikling to its historic
appearance;
1=ros[ Barn/208 E. Hallam Street Pale 4
There will be no change to the historic appearance of the building; all restoration
work required in association with prior approvals has already been completed.
d. The nem consh~uction i.c reflective nJ'the proportional patterns fornrd in the
historic htrilding's fnrnr, nruteriuls a' openings;
The conversion of the garage to living space will not change the building's
existing attd previously approved form, materials or openings. The garage doors will be
left in their existing condition with only the interior space being remodeled. As explained
in the earlier portions of this application. the new construction and granting of the FAR
bonus in the manner requested will provide a guarantee that the proportional patterns
found in the historic building's form will never be altered by an addition. Only ] 7 square
feel of un-built development potential will remain with the property.
e. The construction nutlericds are ofthe highes7 yuulity;
All construction materials used will be of the highest quality.
f. An uppr•opriate transition defines dte old uncl ne+a portions of the building;
Thcrc will be no change to the already approved and built exterior of the building.
As a result of the proposal made herein, only 17 square feet of un-built development
potential will remain with the property.
g. The project retains a historic outbuilding; and/or
The primary structure is the only historic structure on the site but, itself, was once
a historic outbuilding. The "Frost Barn" will be retained.
!r. Notuhle historic rile. and landscape featm•es are retuirred.
The HPC approved and currently existing site and landscape features will be
retained without alteration resulting from this proposal. As explained in the earlier
sections of this application, 6>ranting of the requested FAR bonus will ensure that the
existing structure, in its current form and size, will be preserved in perpetuity.
The applicant understands that the granting of additional allowable floor area is
not a rnattcr of right but is "contingent upon the sole discretion of the /lPC and the
Commission's assessments of the merits of the proposed project and its ability to
demonstrate esenrplary hista•ic presen~ution practices. Projects that demonstrate
multiple elements described chore 11'rll have a greater likelihood of heing awarded
additionul.Jlonr area. "
Frost Bam/20R E. Hallam Street Page 5
This conversion of the garage to living space, coupled with the associated
commitment to severing all but 17 square feet of retnaining/un-built Floor Area rights,
abides by all of the elements described above. As such, this property will forever continue
to demonstrate exemplary historic preservation practices.
Review Criteria for Eslablisfrment of a Historic TDR, Section 26.535.070
A Historic TDR Certificate may be established by the Mayor of the City of Aspen
if the City Council, pursuant to adoption of an ordinance, finds all the following standards
met:
A. The Sending Site is u Historic• Landmark wr which the development of u
single family or duplex residence is cr permiued use, pursuant to Chapter
26.7/0. Propertiee• nn ndrich such development is• u conditional use shall
not be eligible.
The proposed sending site is a 3,888 square toot lot located a[ 208 East Hallam
Street and is a designated Historic Landmark. The site is zoned R-6 and single-family
residential development is a permitted use.
B. It is demonstrated that the Sending Site has permitted unhuilt development
rights, for either a .cinglefurnily or duplex' home, eyuulbrg or exceeding
tx~o-hundred and,li%ty (250) syuure•%e1 cijFloor Areu multiplied by the
nunrher of Historic TDR CertiJicutes reyues7ed.
The allowable Floor Area for the subject lot is 2,648 square feet. The existing
HPC-approved single-family home has three levels with a total Floor Area of 1,200
square feet calculated as follows: the terrace level is 720 square feet, of which 91.6% is
exempt, leaving the total Floor Area for the terrace level at 60.48sf: the first floor is also
720 square feet including 301 square feet of exempt garage space, leaving a total Floor
Area for the first floor at 419 square feet; the second floor is 720 square feet and there is
no exemption on that level; therefore, more than 1,448 square feet of un-built Floor Area
remains available for single-family residential use on the subject site (2,648sf- 1,200sf).
With each TDR being valued at 250st; the un-built development rights can accommodate
five (5) TDR.
For additional explanation, please refer to pages 2-3 above.
C. /t is demon.wruted that the eetuhlisl:ment uj TDR CertiJ$•utes will rau
create u nonconJin-mity. /n ccr.ces• where noncon/urnriry cdreudy exists, the
action shall not increase the spc~ciJic r7oncunlurmiry.
Please refer to the response provided for the previous criterion. The development
on this property only used 1,200 syuare feet of base allowable Floor Area. This
Frost Bam/208 E. Hallam Street Page 6
development conforms to the requirements of the R-6 Zone District, as approved by the
HPC. Severing tivc TDR certificates worth 250sf each will not create or increase a
nonconformity.
U. The anulysia' of unhtrilt development right shall only include the acRral
built development, ur>.v upproved development order, the ullon~uble
development riglat prescribed by caning, and shall not include the
potential of fire Sending Site to gain Flnnr Area hnnusec, exemptions, or
similur potential development incentives.
Please refer to pages 2-3 above for a detailed analysis and explanation of unbuilt
development rights prescribed by zoning and exclusive of potential to gain Floor Area
bonuses and exemptions. Existing conditions Floor plans and floor area calculations have
been prepared by Roger Kerc, Architect. The plans and calculations show a total built
Floor Area of 1,199.48 square feet, which f'or case and convenience has herein been
rounded up to 1,200 square feet.
E. Any development order to develop Floor Area, beyond tlrut remaining legally
connected to the property after establishment of TDR Certificates, shall he
considered ntdl and void.
The property will not include development of floor area beyond that remaining
legally connected to it after establishment of five TDR Certitcates. After severing five
TDR. there will be approximately 198 square feet of floor area remaining that has not
already been built. The pairing of this and the previous criterion allows for potential use
of Floor Area bonuses and exemptions to be applied after severance of TDR. [n the
current case, upon severance of the five TDR, a conditional development order granting a
120sf Floor Area bonus will become effective. No previous development order allowed
development of more Floor Area than would remain with the property after severance of
the tive TDR.
F. The proposed deed restriction permanently resu•icts tke development of
the properly (the Sending Silo) to un allomuhle Floor Areu not exceeding
the allotivunce for asingle-/iunily m• duplex residence minus hvo hundred
and rfty (150) square feet of Floor Area nudtip(ied by the number of
Ili.ctoric TDR Certircarec established. The deed resn•iclion shall not
stipulate mr ahSOlate F1a01' A!'L'a, hl(I .Shall .+'llpidatL' G SC1aG1"e /o0(agL'
reduction from the aUo+vable Floor Area, ua' rtruy be c(mcnded from time to
lime. The Sending Site shat! remain eligible for certain Floor Area
incentives and/nr exemptions rrs may he authorized by !hr City of A.+pen
Lund Usc Cnde, us may he unrenrlec! /i"wn time to tune. The,frn"nt of tke
deed restriction shall be acceptub(e to floe City Attornrsv.
Frost Bam/20R E. Hallam Street Page 7
The sending site will be deed restricted in a manner acceptable to the City
Attorney such that it will 6c limited tv 1,2SOsf Tess than the allowable Floor Area under
applicable zoning, as may he amended tiom time tr~> time, plus any potentially available
Floor Area bonuses, exemptions, or similar potential development incentives. The deed
restriction will be executed and recorded simultaneous with the closing discussed in the
next standard.
(,. .4 rea/ estate closing /ras been scheehrled crt udrish, upon .ealisJuclion gJ'crl/
relevun! reyuirernents, die Cifi shall execute anrt deln~er the applicable
nrrmher n//lis7orrc TD/Z CerviJic•ules rer the Sending Sire property nrvner
and dtut propery- uuvner shall erecute and de/n~er a deed resu•iction
leesening the uvcrilahlc clerelopnuvx ri,~~h! q/'the subjec! properrv together
with the appropriate,%e fbr rccardirzLr; the deed resu-iclion H~ith the Pitkin
Comtty Clerk and Recrarder's Q%Jice.
The requirements of this standard have been read and understood by the applicant
and his legal counsel. it is requested that the closing be scheduled for a date as soon after
adoption of the approval ordinance as practicable.
f/, It shall he dye responsibility oJ'tlre Sending Site propene owner to provide
huilcling plans and a =using ruurle.cis~ n/the Seracling Sile to the sutis~Juctiarr
of the Conurnrnih+ Development Director. Cerlnbr r•erien fees nxty be
reguiredJhr rbe core/irmatiiuz q% built Fluor area.
The sending site property owner has provided building plans and a coning
analysis. The Site hnprowemcnt Survey and the dimensioned, scaled drawings of the
existing development clearly demonstrate that the project's total Floor Area does not
cxeeed that allowed after severing of the five 'I'DR. Existing built FAR is 1,200sf as
demonstrated on the accompanying existing conditions flow plans.
It is hoped the inti'rrmation and responses provided above prove helpful in your
reviesv, and we look forward to working with yon toward approving this worthy
application. !f you should hove any questions or desire any additional information, please
do not hesitate to contact me.
Yours truly,
Baas Land Planning, LLC
~s. AICP
onager
Frost Renr'3nR F. Hallam Streer Page ~
HAAS LAND PLANNING, LLC
May 14, 2007
Mrs. Amy Guthrie
Aspen Historic Preservation Planner
130 South Galena Strcct
Aspen, CO 8161 I
RE: Application for an Insubstantial Amendment, Request for FAR Bonus, and
Establishment of Five (5) Historic Transferable Development Rights (TDR) for
The Frost Barn Property, LLC (208 E. Hallam Street) as a Sending Sitc
Dear Amy:
Please consider this letter to constitute a formal request for an Insubstantial
Amendment, a FAR Bonus, and establishment of 208 East Hallam Avenue (Lots D and
E, Block 71, plus the remaining portion of Trueman Subdivision Lot 4, City & Townsite
of Aspen; Parcel Identi tication Nwnbcr 2737-073-14-003) as a "Sending Site" for five (5)
Historic TDR. The proposed sending site is a 3.888 square foot lot located at 208 East
Hallam Street, and is a designated Historic Landmark. The site is zoned R-6, Medium
Density Residential. It is in the predominantly single-family residential West End
neighborhood but is located next to the Red Brick Center for tllc Arts and backs up to the
hillside overlooking the post office. A vicinity map (not to scale) showing the location of
the subject property is provided below.
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Map -
• 201 N. MILL STREET. SUITE 108 ASPEN, COLORADO 8161 1
• PHONE: (970) 925-781 9 FAX: (970) 9257395
The allowable Floor Area for this R-6 zoned lot is 2,648 square feet exclusive of
potentially available bonuses. The cutTent Floor Area ot'the home is 1,200 square feet,
leaving 1,448 square feet of potential tia• additions. The applicant plans to convert the
current garage to living space which, while not changing the appearance of the structure,
would add 301 square feet to the measured Floor Area; this will leave 1,147 square feet of
remaining development potential. Severing the remaining un-built Floor Area would
provide four (4) TDR but would leave another 147 square feet of Floor Area on the
property for future additions.
Rather than allow the potential for 147 square feet of additions to the historic
resource, the applicant intends to use a 120 square foot Floor Area bonus tom the HPC
towards conversion ot'tlte garage space to living area. In exchange for the 120 square
foot Floor Area bonus, the applicant hereby volunteers the following conditions: ])that
the property be prohibited from future requests for additional Floor Area bonuses, and 2)
that, prior to issuance of a building pennit for the garage conversion, five (5) TDR be
severed from the property, leaving only 17sf of un-built Floor Area. These conditions
effectively remove all remaining development potential from the property and guarantee
an outstanding preservation effort in perpetuity ([he 17st' remaining will accommodate
any small errors that might have been made in calculation of existing Floor Area but will
not be adequate to allow for anything more than a negligible addition).
Since [he applicant already plans to convert the garage to living space, it would be
too much risk to fully sever the TDR without first knowing that the conversion is
approved and enabled. As a result, the proposals made herein are strategically sequenced
to ensure that severance of five (5) TDR would maintain consistency with the
requirements of Code Section 26.535.070(D), which requires an analysis of un-built
development rights versus the allowable development right prescribed by zoning
exclusive of the potential for the Sending Site to gain Floor Area bonuses. For example,
the applicant will: ls') obtain the 120sf FAR bonus from the HPC with the conditions
enumerated above; 2nd) sever 1,250sf of un-built Floor Area in exchange for the issuance
of five (5) TDR Certiticates thereby satisfying the condition of the HPC approval and
allowing the bonus to take effect 3rd) complete the garage conversion to living space.
Given the above proposed conditions and explanation of sequencing, the analysis
of un-built development rights pursuant to Section 26.535.070(D) of the Code is as
follows:
(A) Allowable Floor Area exclusive of bonuses = 2,648sf
(B) Total Existing Floor Area = (b. l .) + (b.2.) + (b.3.) = I , 199.48sf = I ,200sf
(b.l.) Terrace Level Floor Area = 720sf x 8.4°/a = 60.48sf
(i) Total Wall Area = 1,080st'
(ii) Total Wall Area Exposed/Above Grade = 91 sf
(iii) Percentage of Wall Area Exposed/Percentage of Terrace Level Square
Footage to be Counted as Floor Area = 91sf/1,080sf= 0.084 = 8.4%
(iv) Total Square Footage of Terrace Level = 720sf
Frost Barn/208 E. Hallam Street ['age 2
(6.2 J First Story Floor Area = 51 sf+ 368sf = 419sf
(i) Existing Garage Square Footage (Gross) = 352sf
(ii) Existing Garage Space Exempt from Floor Area = [250.+ (102 x
50%)] = 301sf
(iii) Total Garage Floor Area = 352sf- 301 sf = 51 sf
(iv) Remaining First Story Floor Area = 368sf
(b3.) Second Story Floor Arca = 720sf
(C) Un-built Floor Arca = (A) - (B) = 1,448sf
(D) HPC Floor Area Bonus to be used/applied only aiZer 5 TDR arc severed = 120sf
(E) Applicant Severs 5 TDR worth 250sf each = 1,250sf
(F) Remaining Un-built Floor Area Exclusive of HPC Bonus = (C) - (E) = 198sf
(G) HPC Condition Satisfied and Bonus Applied = (F) + (D) = 31 Ssf
(H) Garage Conversion Completed, using 301 sf (see b.2.ii., above)
(I) Final Remaining/Un-built Floor Area = (G) - (H) = 17sf
As demonstrated above, the total un-built development rights ((C), above) are
1,448sf of Floor Area. Severing of five TDR (1,250sf) will leave 198sf of un-built
development rights. With the HPC bonus of 120sf then applied, the un-built
development rights will increase to 318sf ((G), above) and enable issuance of a building
permit for the garage conversion.
The applicant has several options available at the present time. Firs[, the applicant
could come in now with just the conversion of the garage to living space. Once
completed, the property would still have the potential to build on an additional 1,147
square feet, not to mention the ability to also request a 500 square toot FAR bonus
(resulting in a total of up to 1,647 square feet of remaining development potential).
Another possibility would be to come in now with the garage conversion and
sever 4 TDR. That would leave the property with 147 to 647 square feet of
future/remaining development potential (depending on how much bonus square footage
might be granted to the property).
The applicant's current request of a 120 square foot FAR bonus, coupled with the
severing of 5 TDR will Icavc the property with only 17 square feet of remaining
development potential, thereby ensuring that there will be no future additions to this
historic resource and guaranteeing and outstanding preservation effort in perpetuity.
Insubstantial Anreudrnent, Section 26.475.070(E)(1)(a)(4)
brsuhetantiul umenrlntentc are minor nvulilicutions to IfPC approved plans
that change the ,drupe, location or material q/ a building element ar• feature
but maintains the same quality and approrinurte uppeararrce of that,found in
die approved plans.
Frost Bam~208 E. Hallam Street Page 3
The subject property and its existing structure have already received HPC
approvals and have, therefore, been found to be consistent with the HPC Guidelines.
There are no changes proposed to the exterior of this property; rather, only the interior of
the garage building elemendfeature will be converted to living space. The quality and
exterior appearance of the current building will remain unchanged liom that found in the
approved plans.
FAR Bo»rrs, Section 26.415.110(e)
The City of Aspen is committed to providing support to property owners to assist
their efforts in maintaining, preserving and enhancing their historic properties.
Recognizing that these properties arc valuable community assets is the basic premise
underlying the provision of special procedures and programs for designated historic
properties and districts. Accordingly, Section 26.415.1 10(e) of the Code states that, "in
selected circumstance,+' the HPC may great! up lo,Jtve hundred (500) udditionu! sytrure
feet of u!lon~uble.Jloor area for projects im~olving designued hismric properties. " The
applicant is requesting aone-time 120 square foot Floor Area bonus subject to the
following voluntary conditions: 1) that the property be prohibited from future requests for
additional Floor Area bonuses, and 2) that, prior to issuance of a building permit for the
garage conversion, five (5) TDR be severed from the property, leaving only 17 or so
square feet of un-built Floor Area.
The following criteria must be met for the property to be considered for the bonus:
u. The design q/'the project meets all applicable design guidelines;
As mentioned above, this home has already been approved as consistent with the
HPC Guidelines, and there are no proposed changes to the exterior of this property.
Granting of the FAR bonus provides assurance that the guidelines-compliant project will
henceforth be preserved in its current form and size.
b. The historic building is the key element gJ'the property and the addition is
incorporated in a manner that ntaintrrin.+• the visual integrity of the historic
building;
The historic "Frost Barn" is the key element of the property. The visual integrity
of the "Frost Barn" will be maintained as there are no proposed changes to the exterior of
the building. As a result of the proposal made herein, only 17 square feet of un-built
development potential will remain with the property, thereby providing a perpetual
guarantee that the historic building will continue to be the key element of the property
and that no additions will occur in a manner that could lessen the visual integrity of [he
historic building.
c. The x~ork re.+'ta•es the existing portion q/ the building to its historic
appearance;
Frost Bam/20R E. Hallam Street Page 4
There will be no change to the historic appearance of the building; all restoration
work required in association with prior approvals has already been completed.
d. The new construction is reflective nJ-the proportional patterns found in the
hie•toric building's form, nruteriuls or openings;
The conversion of the garage to living space will not change the building's
existing and previously approved form, materials or openings. The garage doors will be
left in their existing condition with only the interior space being remodeled. As explained
in [he earlier portions of this application, the new construction and granting of the FAR
bonus in the manner requested will provide a guarantee that the proportional pattems
found in the historic building's form will never be altered by an addition. Only 17 square
feet of un-built development potential will remain with the property.
e. 7fae construction nurlerkrls are ofthe highest yuulity;
All construction materials used will be of the highest quality.
j. An appropriate h•unsition dunes dre old and nen• portions q/the building;
There will be no change to the already approved and built exterior of the building.
As a result of the proposal made herein, only 17 square feet of un-built development
potential will remain with the property.
g. The project retains a hi.ctnric ntrtbuilding; urvd/at-
The primary structure is the only historic structure on the site but, itself, was once
a historic outbuilding. The "Frost Barn" will be retained.
h. Notuhle historic site and lundscape.features' are retuined.
The HPC approved and currently existing site and landscape features will be
retained without alteration resulting from this proposal. As explained in the earlier
sections of this application, granting of the requested FAR bonus will ensure that the
existing structure, in its current form and size, will be preserved in perpetuity.
The applicant understands that the granting of additional allowable floor area is
not a matter of right but is "cnntingerN upon the sole di.+•cretion of the /!PC and the
Commission :c assessments q/' fire merits of dre proposed project mrd iLs ability to
demanstrule ecentplary lri.ctoric preservation practices. Projects that demonsn•ate
nndtiplc elements desa•ibed above mill have a greater likelihood of being awarded
addifional,Jlonrarea. "
Frost Bam/20R E. Hallam Street Page 5
This conversion of the garage to living space, coupled with the associated
commitment to severing all but 17 square feet of remaining/un-built Floor Area rights,
abides by all of the elements described above. As such, this property will forever continue
to demonstrate exemplary historic preservation practices.
Review Criteria for E.ctablisGureut nJ'a Historic TDR, Section 26.535.070
A Historic TDR Certificate may be established by the Mayor of the City of Aspen
if the City Council, pursuant to adoption of an ordinance, finds all the following standards
met:
A. The Sending Site is u Historic Lundntark on t~ hich tl:e development of u
single family or duplex residence is a permitted use, pursuunr to Chapter
16.7!0. Propw•tiee on which such developmena is u conditional use shall
not be eligible.
The proposed sending site is a 3,888 square toot lot located at 208 East Hallam
Street and is a designated Historic Landmark. The site is zoned R-6 and single-family
residential development is a permitted use.
B. It is denronsh-uted that the Sending Site has permitted unbuilt development
rights, for either a .cinglefumily nr derpler hunte, equaling or exceeding
tx~o-htrndred und.~%ty (250) syuure,%et rtJ Floor Areu multiplied by the
numher of Historic TDR Cer7iJicutes requested.
The allowable Floor Area for the subject lot is 2,648 square feet. The existing
HPC-approved single-family home has three levels with a total Floor Area of 1,200
square feet calculated as follows: the terrace level is 720 square feet, of which 91.6% is
exempt, leaving the total Floor Area for the terrace Icvel at 60.48sf; the first floor is also
720 square feet including 301 square feet of exempt garage space, leaving a total Floor
Area for the firs[ floor at 419 square feet the second floor is 720 square feet and there is
no exemption on that level; therefore, more than 1,448 square feet of un-built Floor Area
remains available for single-family residential use on the subject site (2,648x£ - 1,200sf).
With each TDR being valued at 250x£, the un-built development rights can accommodate
five (5) TDR.
For additional explanation, please refer to pages 2-3 above.
C. !t is demonctr«ted tlrut the esvuhlishment n/' TUR Certi/icutes xi11 not
creute a nonconJm•miry. /n ccr.ers where noncnn/ormity «lreudy exists, the
action shall not irtcreuse the speci/ic r7oncunlurmity,
Please refer to the response provided for the previous criterion. The development
on this property only used 1,200 square feet of base allowable Floor Area. This
Frost Barn/208 E. Hallam Street Page 6
development confornrs to the requirements of the R-6 Zone District, as approved by the
HPC. Severing five TDR certificates worth 250sf each will not create or increase a
nonconformity.
U. The unalysi,c of trnhuilt develapnrertt right shall only include the actual
built development, arty approved development ardor, the GIION'ablL'
rlevelopnrent right prescribed by zoning, and slrull not include the
potential of t/re Sending Site !n gain Flaor Area bnnusec, exemptions, or
,rimilur potential development incerttivec.
Please refer to pages 2-3 above for a detailed analysis and explanation of unbuilt
development rights prescribed by zoning and exclusive of potential to gain Floor Area
bonuses and exemptions. Existing conditions Floor plans and floor area calculations have
been prepared by Roger Kerr, Architect The plans and calculations show a total built
Floor Area of 1,199.48 square feet which for ease and convenience has herein been
rounded up to 1,200 square feet.
6. Any development order 7o develop Flour Areu, beyaul dmt remaining legally
connected to the property after establishment of TUR Certificates, shall be
cnncidered Indl and void.
The property will not include development of floor area beyond that remaining
legally connected to it after establishment of five TDR Certificates. After severing five
TDR, there will be approximately 198 square feet of floor area remaining that has not
already been built. The pairing of this and the previous criterion allows for potential use
of Floor Area bonuses and exemptions to be applied after severance of TDR. In the
current case, upon severance of the five TDR, a conditional development order granting a
120sf Floor Area bonus will become effective. No previous development order allowed
development of more Floor Area than would remain with the property after severance of
the five TDR.
F. The proposed deed restriction pennunently restlictr the development of
Nie property (the Sending Sile) to un ullomuhle Floor Areu not exceeding
tke allowance /or u single-~rnrily or chlpler residence nrlniLS n„o hundred
and ,fifty (25(1) square feet of Floor Area nndtiplied by the number of
His7oric TUR Certificates eeluhlislred. The deed restriction shall not
stipulate art absolute Flour Area. but .dxrll stipulate a square footage
rerhrction from the allowable Floor Areu, us may be amended from time to
lime. The Sendbrg Site shall remain eligible f01• Cc'Ylallt Floor Area
incentives uncUor exemptions us mqy he authorized I?v thr City of A.epen
Lund Usc Code, us muv he urnended Jiron! time to time. The.jrn•m of the
deed resh•iction shall be acceptable to the Citv Attorney.
Frost Barn/20g E. Hallam Strecl Page 7
The sending site wilt be decd restricted in a manner acceptable to the 'city
Attorney such that it will be limited to l?SOsf less than the allowable Floor Area under
applicable zoning, as may be amended from time to time, plus any potentially available
Floor Area bonuses, exemptions, or similar potential development incentives. 1•he deed
restriction will be executed and recctrdal simultancaus with the closing discussed in the
nest standard.
G. Areal estate cGasing* tuts heen scheduled ur which. upon satisfacdion q)`'crll
rcdevant reyuirerneu/s, d:e Cily Shull exeesrh: and delirer the applicable
nrrnrber n(Nis7oric 7DR Cerrrlicutes io the Sending Site pr•upern~ onmcr
and that property owner .rltall execute unct deliver u deed restriction
lessening the availabl¢ derelopnteitt right q(the snhjeci property together
frith the approprutle /ee fir recording the deed restrktion wish tTre Pitkin
County Clerk and Hccurder's Of(ico~.
"The requirements of this standard have been read and understood by the applicant
and his legal counsel. it is requested that Che closing be scheduled for a date as soon after
adoption of the approval ordinance as practicable.
H. It shall be the re.rpnia.cihility oJ'Nte Sendiu~~ Sde prapcr~e owner w prtrnide
huilding plans and a zoning analysis ql dte Sending Sire to the srrtis{actian
of the Comntunitr Development DirecR~r. Certain ret~iem~,Jces rnttF be
reyuu•erl for the con/irnudiaa nfbuilt k7uor.Irecr.
The sending site property owner has provided building plans and a zoning
analysis. The Sitc hmprovement Survey and the dimensioned, scab drawings of the
existing development clearly dennonsh'ate that the projecCs total Floor Area does not
exceed that allowed a$er severing of the five "fDlt. Existing built FAR is 1,200sf as
demonstrated on the accompanying existing conditions floor plans.
It is hoped the information and responses providedabove prove helpful in your
review, and we look forward to working with you toward approving this worthy
application. If you should have any questions or desire any additional information, please
do not hesitate to contact me.
Yours truly,
Haas Land Planning, LLC
Frost Bartr _'OR F. Hallam Street
Page R
vulb
MEMORANDUM
TO: Mayor Ireland and City Council
THRU: Chris Bendon, Community Development Director
FROM: Amy Guthrie, Historic Preservation Officer ~~
RE: Code Amendment, Municipal Code Section 26.415, Development
Involving The Aspen Inventory Of Historic Landmark Sites and Structures
or Development In An "H," Historic Overlay District.
Second Reading of Ordinance No.48, Series of 2007, Continued Public
Heazing
DATE: November 26, 2007
BACKGROUND:
On September 10, 2007, City Council directed Community Development Staff to bring
forward amendments to Ordinance No. 30, Series of 2007. Ordinance No. 30 was
adopted in July and addresses the identification and protection of potential historic
resources.
On October 9, 2007, Ordinance No. 45 was adopted by City Council upon first reading.
Staff indicated that numerous changes would likely occur to the ordinance in response to
Council direction and in response to suggestions made by citizens. Staff indicated that
the amendments would be reviewed with Council at second reading. Upon consideration
of the changes, the City Attorney determined that they were significant enough in scope
to require "starting over" with first reading and publishing of the proposed ordinance.
Staff therefore withdrew Ordinance No. 45; replaced by Ordinance No. 48, Series of
2007. Said Ordinance was approved on First Reading and returned to Council for
Second Reading on November 12~h. At that time Council directed a simpliScation of
the proposed code amendments to maintain protections for "Potential Historic
Resources" during a six month time period while a citizen task force undertakes an
evaluation of the historic preservation program. Staff has removed all previous
new language other than what we recommend as appropriate to meet Council's
objectives.
SUMMARY:
The proposed amendments entail narrowing the applicability of Ordinance #30 from all
properties over 30 yeazs of age to a specific list reseazched by staff. Those properties
will not be permitted to undertake certain alterations or apply for building permits or land
use review until Ordinance #48 terminates. Staff does have the ability to allow
maintenance and work that does not alter the historic chazacter of the property to go
LAND USE CODE AMENDMENTS STAFF REPORT PAGE ~
forward, and owners have the option to volunteer for review by the Historic Preservation
Commission, or even for landmark designation should they wish to move forward with
plans.
Staff has provided a financial hardship provision consistent with previous City practice in
instances like this.
Council should note that, in light of direction provided on November 12`h, and the
increased emphasis on allowing the task force to be established before making policy
changes within the historic preservation program, HPC is now reluctant to "cull" the "List
of Potential Historic Resources." The board passed, by a 7-0 vote, a resolution stating
that they do not feel this is advisable when criteria changes are likely in the near future.
The resolution is still in draft form and will be provided to Council on November 26`s.
REVIEW PROCESS:
According to Section 26.310.020, in order to amend the Code, there must be a public
hearing and recommendation from the Planning and Zoning Commission, and a public
hearing and affirmative vote by City Council. The review criteria for code amendments
are located at Section 26.310.040 and are addressed by Staff in Exhibit A to this memo.
STAFF RECOMMENDATION: Staff finds that the proposed amendment to the
Municipal Code complies with the applicable review criteria and should be approved.
RECOMMENDED MOTION: "I move to adopt Ordinance No.48, Series of 2007.
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. 48, Series of 2007- Final version
Ordinance No. 48, Series of 2007- Reflecting edits since November 12, 2007
Exhibit A: Amendments to the Land Use Code -Staff Findings
Exhibit B: October 16, 2007, letter from David Myler regarding the Holland House.
Exhibit C: October 15, 2007, letter from Warren Klug regarding Aspen Square.
Exhibit D: October 16, 2007, letter from Christopher Heaphey regarding the Hotel
Jerome and Cortina Lodge.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2
EXHIBIT A
Amendments to the Land Use Code
Section 26 310 040 -Standards for Review of an Amendment to the Text oFTitle 26: In
reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
Whether the proposed amendment is in conflict with any applicable portions of this Title.
STAFF FINDING: Does it Comply? YES
Staff is unaware of any conflicting portions of the Title.
Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
STAFF FINDING: DOeS It Comply? YES
Staff finds that the amendment supports the Historic Preservation element of the
AACP, which includes the goals of making improvements to the historic
preservation process and protecting all buildings of historic significance.
Whether the proposed amendment is compatible with surrounding zone districts and land
uses, considering existing land use and neighborhood characteristics.
STAFF FINDING: Does ]t Comply? YES
The code amendments have no direct affect on land uses.
The effect of the proposed amendment on traffic generation and road safety.
STAFF FINDING: DOeS It Comply? YES
The code amendments have no effect on traffic generation and road safety.
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: DOGS It Comply? YES
There will be no additional affect on infrastructure as a result of this code
amendment.
Whether and the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3
STAFF FINDING: D08S It Comply? YES
This code amendment has no direct impacts on the natural environment, however,
preservation can have less negative effect on the natural environment than new
construction.
Whether the proposed amendment is consistent and compatible with the community
chazacter in the City of Aspen.
STAFF FINDING: DOGS It Comply? YES
Aspen's physical character is in great par[ defined by the community's historic
resources. Ensuring that Aspen has an effective historic preservation process will
allow us to be more successful in protecting this chazacter, which is vitally important
to the economy and livability of town.
Whether there have been changed conditions affecting the subject parcel or the
sunounding neighborhood which support the proposed amendment.
STAFF FINDING: D08S It Comply? NOT APPLICABLE
Historic Preservation is an increasingly difficult task in Aspen because of high
property values. Demolition of properties before they have been properly evaluated
for historic significance is an on-going risk.
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: D08S It COmpl ? YES
StafF finds that the proposed amendment will not be in conflict with the public
interest and, in fact, will help to protect the public interest by preserving historic
structures for everyone to enjoy.
LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4
THE MYLER LAW FIRM, P.C.
A Colorado Professional Corporation
DA VID J. M YLER~ TELEPHONE
RDEYN ~. MYLER~ I ~ (970) 927-0456
ADMITTED IN CO', NT', Cf' ' FACSIMILE
ZI I MIDLAND AVENUE (970) 937-0774
SUITE 2() t EMAILS
CONNIE A. WOOD, LEGAL ASSISTANT
BASALT, COLORADO $t62t 4n•Ttr(~eylwYwpc.wm
~~
~
RHONDA E. NEFF, LEGAL ASSISTANT ~
,k,y„~~
Oct 16, 2007
Via Emai! and US Mar!
Mr. Chris Bendon, Director
Aspen Community Development Department
130 S. Galena Street, 3`d Floor
Aspen, CO 816]
Re: Ordinance 45, Series of 2007
Dear Chris,
I am writing on behalf of Roaring Fork Mountain Lodge - Aspen, LLC, as the current owner
of the Holland House at 720 South Aspen Street in Aspen. The purpose of this letter is to request
that the Holland House structure be removed from the list of Potential Historic Resources which is
attached as Exhibit A to Ordinance 45, Series of2007, as approved on first reading. We believe that
the Holland House should be removed from the list prior to second reading of Ordinance 45 for the
following reasons:
1. The Holland House is the subject of an active Land Use Application. Pwsuant to Section
3 of Ordinance 45, the provisions thereof shall not affect any such Application.
2. The Holland House is the subject of a final determination of no historic significance and
thus exempt from the provisions of Ordinance 45 pwsuant to Section 3. On Mazch 24, 2003, the
Aspen City Council unanimously adopted Ordinance 15, Series of 2003, which specifically provided
that the Holland House does not meet the standazds of Historic Landmark Designation (copy
attached). Ordinance 15, Series of 2003, either constitutes a "Determination of No Historic
Significance" certificate, as that term is used in Ordinance 45, or is the equivalent of such a
certificate.
The facts and circumstances relating to the eligibility of the Holland House for historic
designation have not changed since Ordinance 15, Series of 2003 was adopted. Even though a new
council could come to a different conclusion at this time if the Holland House were being considered
for designation, there is no legal basis to ignore the clear and unambiguous determination of the City
Council in 2003.
THE MYLER LAW FIRM, P.C.
Mr. Chris Bendon
October 16, 2007
Page 2
Very truly yours,
THE MYLER LAW FIRM, P.C.
By:
David J. Myler
DJM/rn
cc: Robert E. Daniel, Jr. (via email)
Illlillllllllllllll~llllll~llllllllllllllllilllli m8<em~ Saf:,lA
6ILVIR DFVI6 PITKIN COUNTY CO R 10.00 D 0.00
ORDINANCE NO. 15
(Series of 2003)
ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE REQUEST
TO REMOVE 720 S. ASPEN STREET, THE HOLLAND HOUSE LODGE, FROM
THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND
STRUCTURES
PARCEL ID#: 2735-131-19-001
WHEREAS, the applicants, .lohn Simmons and Yasmine dePagter, owners of the
Holland House, have requested that the historic designation on their property be
rescinded and that the property be removed from the Aspen Inventory of Historic
Landmark Sites and Structures. The property is located at 720 S. Aspen Street, Lots 1, 2,
13, and 14, Block 9 and a portion of a vacated alley southerly of Lot 1 and 2 Eames
Addition, City of Aspen, Colorado; and
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the
process for Rescinding Designation and states that an application for the removal of a
property from the Aspen Inventory of Fistoric Landmark Sites and Structures shall
follow the same submission requirements and review procedures as for designation
except that with respect to Section 26.415.030(0)(4) an explanation shall he provided
describing why the property no longer meets the criteria for designation .The HPC and
City Council shall determine if sufficient evidence exists that the property no longer
meets the criteria for designation and, if so, shall remove the property from the Inventory;
and
WHEREAS, staff, in a report dated October 9, 2002 performed an analysis of the
application based on the standards, and using the guidelines, score sheets, and other tools
established through Section 26.415.030.B.4 of the Aspen Municipal Code in order to
apply the criteria set forth in this Section to potentially eligible buildings, sites, structures
or objects, or collections thereof and has recommended that the property remain listed on
the Aspen Inventory of Historic Landmark Sites and Structures; and
WHEREAS, at a regulaz meeting held on Uctober 9, 2002, the Historic
Preservation Commission considered the application, found the property to meet the
standards for designation and recommended to City Council that 720 S. Aspen Street
remain on the Aspen Inventory of Historic Landmazk Sites and Structures by a vote of 4
to l; and
WHEREAI+, the Aspen City Council has reviewed and considered the request for
delisting under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered those recommendations made by the Community Development
Department, and the HPC, and has taken and considered public comment at a public
hearing; and
iIIIIIIIIIIIIINNIIIIINIIIIIIIINIINIIIIIIIIIIIIII a8g a5 10: 11R
SILVIR DRVIS PITKIN COUNTY CD R 18.00 0 0.00
WHEREAS, A public hearing on the Ordinance was held on the 24"' day of
Mazch, 2003, at 5:00 o'clock pm in the City Council Chambers, Aspen City Hall. ]30 S.
Galena St. Prior to such hearing a public notice ofthe same was published in a newspaper
of general circulation within the City of Aspen; and
WHEREAS, the City Council finds that 720 S. Aspon Street, the Holland House,
does not meet the standards for designation and has determined that 720 S. Aspen Street
should be removed from the Aspen Inventory of Historic Landmark Sites and Structures
by a vale of 5 to 0; and
WHEREAS, the City Counci] fords that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
code, the Holland 1-louse, located at 720 S. Aspen Street, does not meet the standards of
Historic Landmark Designation and shall be removed from the Aspen Inventory of
Historic Landmark Sites and Structures.
Section 2
All material representations and commitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission and City Council, are hereby incorporated in such plan
approvals and the same shall be complied with as if fully set forth herein, unless amended
by an authorized entity.
Section 3
This Ordinance shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 4
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall Itot effect the
validity of the remaining portions thereof.
INTRODUCED, READ, AND ORDERED PUBLISHED ON FIRST READING as
provided by law by the City Council of the City of Aspen on the 24th day of February,
2003.
IIIIIIIIIgINIIKNIIIIIINIBIIIIIIIiIIIIIIIIIINNll00 848~5101tQ
ATTEST:
Kathryn S. K , Cit Clerk
MAYOR:
elen al Klan rud
FINALLY, adopted, passed and approved this 24"' day of Mazch, 2003.
MAYOR:
Helen Kali anderud
ATTEST:
t~athryn S. Ko ,City Clerk
APPROVED AS TC1 PORM:
~~-~~~a~~P1s~
ohn Wo ester, City Attorney
~ASP~
~~~~. ll ~
Condominium Hotel
in Downtown Aspen
October 15, 2007
Chris Bendon
Community Development Director
CTTY OF ASPEN
130 South Galena
Aspen, Colorado 81611
Dear Chris,
r.._..
~E s ~
;: -
I understand that our Aspen Square building has been included on the designated Aspen
Inventory of Historic Sites and Structures. Per condominium owner requests, I am
writing to ask that our buildings be removed from the list. I have reviewed the Criteria
for Designation, and I do not see the reasons for our designation. Here is how I see it:
1. We are obviously not 100 years old. We are in fact about 38 years old.
2. Aspen Square is a relatively unremarkable building, and certainly has not made a
significant contribution to local, state or regional history.
3. I cannot see that our property is connected with any name that has made a specific
contribution to local, state or national history.
4. The physical design of our buildings is hazdly distinctive or of some special
significance. It looks like any number of buildings from the late 60's and 70's.
Ours are very plain buildings not noteworthy in design, nor aze they the
significant work of any specific designer.
In short, as I look at the outline of criteria, I do not see Aspen Squaze in the requirements.
I would add that while we certainly do not see tearing down the building or pwsuing any
significant changes or alternations to our buildings, I do see the poternial to change
exterior stucco colors in the future, or we may want to consider new balcony designs.
These would be projects to improve the otherwise very unremarkable exterior of our
buildings, and I would not see these done until many yeazs from now.
My concern is that I can see potential historic site designation getting in the way of
responsible improvements to our building exteriors. There are, after all, people who see
any improvements to buildings in town as somehow a violation of Aspen's history. That
worries me as I consider the future of Aspen Squaze! So, I am asking that Aspen Square
be removed from the historic inventory list. Thank you!
Very truly yours, ~
~L ~ ~~
Warren E. Klug
General Manager
617 East Cooper Avenue • Aspen, Colorado 81611 • 970-925-1000 • FAX 970-925-1017
E-Mail: info@aspensquarehotel.com On the Web: www.aspensquarehotel.com
1-800-TO ASPEN (1-80o-s62-7736)
__
HOLLAND&HART..P
October 16, 2007
James R. True, Esq.
215 S. Monarch St. Ste 102
Aspen, CO 81611-2915
Chris Bendon, Director
Community Development
li0 S. Galena
Aspen, CO 81611
Re: Hotel Jerome and Cortina Lodge
Dear Jim and Chris:
Christopher J Heaphey
for Holland & Hart
Phone (970) 925-3476
Fax (800) 962-1998
cjheaphey@hollan-,com
56025.0001 ~ ~~rb'"'
r if..~
~ .f'
This law firm represents LCP -Elysian Aspen Owner, LLC ("Elysian"), the owner of the
Hotel Jerome and Cortina Lodge and successor in interest to the 2007 Hotel Jerome PUD
Agreement executed by the City of Aspen on January 30, 2007. It is our understanding that the
Cortina Lodge is currently listed as a potential historic structure on Exhibit A to proposed
Ordinance No. 45, which is scheduled for second reading on October 22, 2007. Elysian
respectfully requests that for the reasons set forth below, the City not designate the Cortina
Lodge an historic structure at this time, and that the Cortina Lodge be removed from Exhibit A.
Elysian's vested rights under the PUD Agreement do not expire until January 14, 2010.
Those rights include, among other things, the ability to renovate the Cortina Lodge pursuant to
the terms of the PUD Agreement. Such renovation may in fact occur prior to historic
designation. Pazagraph 3.7 of the PUD Agreement allows Elysian to wait until a building permit
is sought for the renovation of the Hotel Jerome itself before filing an application for historic
designation of the Cortina Lodge. This discretion is part of Elysian's vested rights and should
not be abridged by the City by unilaterally designating the Cortina Lodge historic at this time.
Elysian purchased the Hotel Jerome and the Cortina Lodge just this yeaz, and is currently
in the process of reviewing and analyzing the previously approved renovation plans now that it is
operating both properties. Elysian is developing an updated renovation plan for the properties,
and intends to present the revised plan to the City when it is complete. The updated plan will be
founded in part upon information developed from operating experience.
Elysian submits that it is in the community's interest to consider a comprehensive,
integrated renovation plan for the two properties before placing a historic designation on the
Cortina Lodge. A premature historic designation might significantly impair the planning
~~_-...1
Holland & Hart w
~~~'•'~~l970]925-3476 ~~-[9707925-9367 www.holWndhart.wm
600 East Main Stree[ Suhe 104 Aspen, CO 61611
Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Salt Wke City Santa Fe Washington, D.C.
process, and there is really nothing to be gained by proceeding with the designation at
this time. Elysian is already obligated to submit an application for historic designation at an
appointed time, hence there is no risk to the City in deferring the matter to a later date.
We would appreciate your thoughtful consideration of this request.
Sincerely yours,
i .-~ /J ~~
.- " ~ - '" G ., l
~ Christopher J Heaphey
for Holland & Hart ~,P
CJH/
377517 LDOC
ORDINANCE N0. 48
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN
AN "H," HISTORIC OVERLAY DISTRICT.
WHEREAS, in light of the on-going demolition of buildings, structures or objects that
may have historical significance for the City of Aspen, the City Council adopted an Emergency
Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title
26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H"
Historic Overlay District and established a new process for the identification and protection of
potential historic resources. The Ordinance was adopted to address the negative impacts that
the loss of landmark eligible buildings would have on the health, peace, safety, and general
well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique
azchitectural character, livability and attractiveness as a destination; and
WHEREAS, City Council subsequently directed the Community Development De-
partment to prepazefurtheramendments tothe historic preservation ordinance, including limit-
ing the protection of potential historic resources to a list of properties which are at least 30
years old and which, in staff s opinion are associated with architectural styles and historical
trends which represent Aspen's first one hundred years of history, most particulazly Aspen's
development since World Waz II. Said list is attached to this Ordinance as "Exhibit A;" and
WHEREAS, the Community Development Director recommends approval of the pro-
posed additions and amendments to Section 26.415 of the Municipal Code, as described
herein; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to con-
siderthe proposed amendments to the above noted Chapter and Section on October 2, 2007,
took and considered public testimony and the recommendation of the Community Devel-
opment Director and recommended, by a 3-1 vote, City Council adopt proposed amend-
ments to the land use code by amending the text of the above noted Chapters and Sections
of the Land Use Code; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Ordinance #48, Series 2007
Page 1 of 12
Second Reading Amendments - 11.26.07
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de-
letes inns entirety Section 26.415.035, Designation of Historic Properties. (Note to codifier
-this Section has been amended and recodified as Section 26.415.025.)
Section 2: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby
amends Chapter 26.415 by adding Section 26.415.025, Identification of Potential Historic
Resources, which section describes the process and criteria for the Identification of Potential
Historic Resources to read as follows:
26.415.025 Potential Historic Resources
A. Purpose. The purpose of this Section and identifying a List of Potential Historic Re-
sources (alternatively, the "List") is to prevent the loss of buildings, sites, structures or objects,
or collections of buildings, sites, structures or objects that may have historical, architectural,
archaeological, engineering and cultural importance, and to limit the detrimental effect of de-
velopment or demolition of these potential resources on the character of the town during the
time period that the City is undertaking revisions to the Historic Preservation Program. Pre-
serving and protecting historic resources promotes the public welfaze by making Aspen a more
attractive and desirable place in which to live, work, or visit.
B. List of Potential Historic Resources. There is hereby identified a List of Potential His-
toric Resources. The properties identified in Exhibit A of Ordinance No. 48, Series of 2007,
shall constitute this List. The List shall be maintained and made available to the general pub-
lic by the Community Development Department.
C. Amendments to the List of Potential Historic Resources. No properties shall be added
to the List of Potential Historic Resources by the City of Aspen for a period of six (6) months
from the date of adoption of Ordinance No. 48, Series of 2007, while the City is undertaking
an evaluation of the historic preservation program and a Citizen Task Force charged with mak-
ing recommendations is in operation. When the primary structure(s) on any property identi-
fied on the List of Potential Historic Resources have been destroyed by an act of God or are
otherwise declared unsafe and ordered demolished by the Chief Building Official, the property
shall be removed from the List.
D. Applicability and Exemptions. For those properties identified on the List of Potential
Historic Resources, as amended pursuant to Section 26.415.025.0, no alterations, no land use
applications, and no building permit applications shall be undertaken by the property owner or
accepted by the Community Development Department unless removed from the List of Poten-
tial Historic Resources, pursuant to Section 26.415.025.E.
Exempt from this restriction shall be alterations, land use applications, and building permits
limited to interior remodeling, paint color selection, exterior repainting or replastering similaz
to the existing finish or routine maintenance such as caulking, replacement of fasteners, or re-
pair ofwindow glazing. The Community Development Director may exempt other such exte-
rior alterations which are determined by the Community Development Director to be mini-
mally intrnsive orreversible work that does not diminish the historic chazacter of the property.
Ordinance #48, Series 2007
Page 2 of 12
Second Reading Amendments -11.26.07
Alterations, land use applications, and building permit applications which exclusively impact
the interior of a building shall be exempt from this Section. An owner may volunteer to have
any proposed work be reviewed by the Historic Preservation Commission pursuant to the pro-
ceduresand limitations of Chapter 26.415 of the Municipal Code, and if the work is found by
HPC to be in conformance with the "City of Aspen Historic Preservation Guidelines," an ap-
plication for building permit will be allowed. Work undertaken in conformance with the In-
ternational Building Code provisions for emergency repairs, assuming that the repair matches
the surrounding exterior materials and character to the extent practicable, shall be exempt from
this Section.
E. Financial Hardship Appeal Concerning the List of Potential Historic Resources. An
applicant for a Building Permit who wishes to seek removal from the List of Potential Historic
Resources because of financial hardship may appeal to a Hearing Officer appointed by the
City Manager who shall have no relationship to the City (other than as a hearing officer) or to
the property owner. The Hearing Officer shall determine if administrative removal from the
List shall be granted considering the following:
1. A description of the property and structures located thereon.
2. The original purchase price of the property and subsequent investments or
improvements in the property made prior to the adoption of this Ordinance,
other than normal operations and maintenance.
3. Any unrecoverable costs made prior to the adoption of this Ordinance or Or-
dinance #30, Series of 2007.
4. A current appraisal of the property considering the effect of this Ordinance.
5. A description of the depreciation method applied to the property for income
tax purposes, based on generally recognized accounting principles applicable
at the time the property was originally acquired by the property owner.
6. The assessed value of the property for tax purposes.
7. Copies of the property owner's income tax and financial statements for the
past five (5) years.
8. Any additional information the property owner may want to submit that may
demonstrate financial hardship.
Within thirty (30) days of complete application submission, or as otherwise reasonable, a heaz-
ingdate and time shall be scheduled for the hearing officer to consider written and verbal tes-
timony from the property owner and a representative of the City. The hearing officer shall,
within thirty (30) days of the heazing, issue a written determination as to whether the financial
hazdship represented by this ordinance upon the property owner is beyond reasonable expecta-
tion and representing substantial umecoverable financial loss and a special circumstance
unique to the property owner which is not applicable to other property owners affected by this
ordinance such that the property owner's rights are being substantially deprived. The heazing
officer shall determine any relief to be provided to the property owner, including removal of
the property from the List of Potential Historic Resources. The determination shall detail the
factors considered including, but not limited to:
Ordinance #48, Series 2007
Page 3 of 12
Second Reading Amendments - 11.26.07
1. The base value of the property -the original purchase price plus investments
and improvements (other than normal operations and maintenance).
2. IRS rules related to depreciation.
3. Residual value of the property based on a current appraisal assuming the ef-
fect of this Ordinance.
4. Other factors that may be considered "unrecoverable costs" by the property
owner.
5. A financial analysis of the above using a recoupment of investment model.
The action by the hearing officer shall be considered the final administrative action on
the matter.
F. Penalties. Any owner who takes action to alter or demolish a property identified
on the List of Potential Historic Resources, including purposeful removal, change or damage
to any exterior materials, features, portions of a building, or structural members of a building
shall be subject to the penalties established in Section 26.415.140, Penalties. The Community
Development Department must demonstrate to City Council, using date stamped photographs,
that the exterior of the building has been altered after the adoption date of this ordinance in
order to apply penalties.
In addition, properties on the List of Potential Historic Resources are required to receive rea-
sonable caze,maintenance and upkeep as described in Section 26.415.100, Demolition by Ne-
glect.
Repairs or minimally intrusive work permitted under Section 26.415.025.D or completed ac-
cording to a Development Order or Building Permit issued by the Community Development
Department, as may be required, shall not be subject to penalties.
Section 3. Notice to Property Owners.
All owners of properties identified on the List of Potentially Historic Resources, as provided in
Exhibit A to this Ordinance, shall be mailed a copy of this Ordinance by registered mail, within 10
days of the final City Council approval of this Ordinance. Property owners may submit to the
Community Development Department alternate addresses for this information to be mailed. (As
opposed to or in addition to the address on file with the Pitkin County Assessor's Office.)
Section 4. Effect on Existing Ordinance No. 30 Determinations.
This Ordinance shall not affect any Determination of No Historic Significance approved by the
Community Development Director pursuant to Ordinance No. 30, Series of 2007. These
determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-yeaz
period from their issuance date.
Section 5. Historic Preservation Commission Review of List.
The List of Potential Historic Resources (the List), as appended to Ordinance No. 48, Series of
2007, shall be referred to the Historic Preservation Commission (the HPC) for additional analysis
and consideration. The HPC may direct the Community Development Director to remove
Ordinance #48, Series 2007
Page 4 of 12
Second Reading Amendments - 11.26.07
properties from the List, based upon their finding that there is no probably cause to believe that the
criteria for landmark designation are met. If this is the HPC's conclusion, notification will be
provided by mail to the individual property owners. This action by the HPC to direct the
Community Development Director to remove a property from the List shall require adoption of a
resolution by a simple majority. As requested by the HPC on any specific property, the HPC shall
heaz and consider any input from the Community Development Department regarding the
potential historic significance of the property, may visit the property and may consider any written
material submitted by a property owner. However this is an administrative review of the
determination of the Community Development Department. Although open to the public, this
review shall not be deemed a public hearing and the HPC shall not take public comment during
this review. The HPC's additional analysis and consideration shall not be considered prejudice
upon any subsequent review of the property for Landmazk Designation or a Site Specific
Development Plan. The HPC shall conclude their further analysis and consideration within ninety
(90) days from the adoption of Ordinance No. 48, Series of 2007, or as otherwise extended by City
Council motion. The HPC may elect not to undertake this review or to discontinue this review at
any point.
Section 6. Policy Task Force.
A Historic Preservation Policy Task Force shall be established in order to provide guidance on
additional changes to the City of Aspen Historic Preservation Program. Membership of the Task
Force shall be by appointment by City Council. Duties of the Task Force shall be determined by
City Council, but shall include a review of the following as a minimum:
• The criteria upon which designation applications are judged, including whether additional
or different criteria should apply when the property owner objects to the designation and
for 20s' century properties.
• Changes to the Integrity Scoring System used to evaluate properties, including to the
process by which the Scoring System is adopted.
• Existing and additional benefits for owners of historic properties.
• Strategic policy level review of the historic preservation program objectives and benefits
and congruence with community goals as outlined in the Aspen Area Community Plan.
The City shall not proceed with property designations without owner consent until the Policy
Task Force has made their recommendations and the City Council has considered proposed code
changes.
Section 7. Availability of Documents.
The Community Development Department shall make available to the public all documents
related to the List of Potential Historic Resources, criteria upon which properties shall be
evaluated, reseazch papers, scoring sheets, development and other benefits, and copies of this
ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen
website.
Section 8. Effect on Existing Applications.
This Ordinance shall not affect any active Land Use Application, existing Development Order, or
Building Permit, as such terms aze used in the Land Use Code, submitted and determined
complete prior to the effective date of this ordinance.
Ordinance #48, Series 2007
Page 5 of 12
Second Reading Amendments -11.26.07
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal
discussions with Community Development staffor review Boards shall not constitute a complete
application or any other official status. Applications submitted after the effective date of this
ordinance shall comply with the terms of this ordinance and of the Land Use Code, as amended.
Section 9. Exairation of Ordinance.
This Ordinance shall expire six (6) months from the date of adoption unless extended by a
duly adopted Ordinance of the City Council.
Section 10. Severability.
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 11. Existing Litigation.
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.
Section 12. Notice
A public hearing on the ordinance was held on the _ day of _, 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Jim True, Special Counsel
Ordinance #48, Series 2007
Page 6 of 12
Second Reading Amendments - 11.26.07
EXHIBIT A
ORDINANCE No. ,SERIES OF 2007
720 S. Aspen St, Holland House: Parcel Id: 273513119001. Legal Description: EAMES
ADDITION SUBDIVISION, BLOCK 9, LOT 1 & LOT 2 DESC: & 13, & 14.
809 S. Aspen St, Shadow Mountain: Pazcel Id: 273513124014; 273513124010;
273513124008; 273513124022; 273513124017; 273513124016; 273513124015;
273513124007; 273513124013; 273513124005; 273513124003; 273513124002;
273513124001; 273513124012; 273513124006; 273513124009; 273513124019;
273513124021; 273 5 1 3 1 24020; 273513124004; 273 5 1 3 1 2401 1, Legal Description: ALL
UNITS, SHADOW MOUNTAIN VILLAGE CONDOMINIUMS.
114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK 65,
114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Parcel Id: 273512437012; 273512437011. Legal Description: BLOCK 65,
HOGUET CONDOMINIUMS.
970 Cemetery Ln: Parcel Id: 273512208006. Legal Description: SNOWBUNNY
SUBDIVISION, BLOCK 1, LOT 3.
408 E. Cooper Ave: Aspen Sports Pazcel Id:2737-182-16-009, Legal Description: BLOCK
89, LOT PART OF L&M.
617 E. Cooper Ave, Aspen Square: Parcel Id: 273718243001; 273718243022;
273718243018; 273718243025; 273718243023; 273718243101; 273718243003;
273718243049; 273718243006; 273718243051; 273718243034; 273718243012;
273718243008; 273718243102; 273718243047; 273718243085; 273718243039;
273718243104; 273718243033; 273718243041; 273718243063; 273718243054;
273718243508; 273718243053; 273718243105, Legal Description: BLOCK 101, ALL
UNITS, ASPEN SQUARE CONDOMINIUMS.
832 E. Cooper St, Viking Lodge: Pazcel Id: 2737-182-28-007, Legal Description:
BLOCKI l 1, LOT R & S.
1001 E. Cooper Ave, Villager Townhouses: Parcel Id: 273718234012; 273718234010;
273718233504; 273718234008; 273718234007; 273718234005; 273718234009;
273718234006; 273718233801, Legal Description: BLOCK 37, ALL UNITS, VILLAGER
TOWNHOUSE CONDOMINIUMS.
1101 E. Cooper Ave, Hildur Anderson: Parcel Id: 273718139801, Legal Description:
ANDERSON SUBDIVISION, LOT 1.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls
1411 Crystal Lake Rd: Pazcel Id: 273718243004, Legal Description: RIVERSIDE PLACER
U.S.M.S. #3905 AM. SECT,TWN,RNG:18-10-84 DESC: TRACT OF LAND IN NE4 OF
SEC 18-10-84 & BEING PART OF THE RIVERSIDE PLACER USMS 3905 AM DESC AS
FOLLOWS BEG AT A PT WH COR 9 OF SAID RIVERSIDE PLACER BEARS S 00 02'E
242.39 FT TH N 00 02'W 150 FT TH N 89 58'E 150 FT TH S 00 02'E ] 50 FT TH S 89 58'W
150 FT TO THE PT OF BEG SAID TRACT CONT 0.517 AC BK 244 PG 944 BK 268 PGS
26-27 BK 293 PG 960 & WNTY DEED IN BK 495 PG 409 BK 511 PG 233 FROM
BENEDICT A TRACT OF LAND BK 625 PG 156 PLUS THE SOUTHERN MOST
PARCEL OF LAND IN THE GORDON/CALLAHAN RESUBDIVISION.
Ordinance #48, Series 2007
Page 7 of 12
Second Reading Amendments - 11.26.07
1422-1441 Crystal Lake Rd., Aspen Club Condos: Parcel Id: 273718131001 THROUGH
273718131020; 273718131800; 273718131801, Legal Description: ALL UNITS, ASPEN
CLUB CONDOMINIUMS.
333 E. Durant Ave., Mountain Chalet: Parcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
555 E. Durant St, North of Nell: Parcel Id: 273 7 1 8249002 THROUGH 273718249058;
273718249060; 273718249061; 273718249062, Legal Description: ALL UNITS, NORTH OF
NELL CONDOMINIUMS.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description: BLOCK
63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF BLK 63
PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF THE SW4 OF
SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-10-85 SAID PARCELS
DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST & 24.00 FT ELY OF THE
W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH N 33 DEG 03'19"E 42.21
FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18' 15"E 286.57 FT TH S 6 DEG 18'51 "W
103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG 25'21 "E 52.10 FT TH S 23 DEG
21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS ST EXTENDED ELY TH N 75
DEG 09'11 "W 288.99 FT TO THE NW COR OF BLK 64 TH N 31 DEG 00'50"W 107.29 FT
TO THE POB.
210 W. Francis Ave: Pazcel Id: 273512417005, Legal Description: BLOCK 48, LOT P & Q.
621 W. Francis St: Parcel Id: 2735142426011; 2735142426012, Legal Description: BLOCK
22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Parcel Id: 273512409012, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT B.
626 W. Francis St: Parcel Id: 273512409011, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT A.
631 S. Galena St/ 630 S. Galena/ 710 S. Galena St/ 711 S. Galena St/ 710 S. Mill St/ 1039
Waters Ave., Alpenblick: Pazcel Id: 273718279001 THROUGH 273718279019;
273718279801, Legal Description: ALL UNITS, ALPENBLICK CONDOMINIUMS.
215 N. Garmisch St., Yellow Brick: Parcel Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY.
233 Gilbert St., Skier Chalet Lodge: Parcel Id: 273513119002, Legal Description: BLOCK
9, LOTS 5 - LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Pazcel Id: 273512129803, Legal Descrip-
tion: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Parcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND.
327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A - C.
928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART K,
L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO SOMETIMES
KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 & TRACT
FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT.
122 W. Hopkins Ave: Parcel Id: 273512455004, Legal Description: BLOCK 59, LOTS M &
N.
Ordinance #48, Series 2007
Page 8 of 12
Second Reading Amendments - 11.26.07
129 E. Hopkins Ave: Parcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G-I.
211 W. Hopkins Ave: Parcel Id: 273512463003, Legal Description: BLOCK 53, LOTS F &
G.
608 W. Hopkins Ave, Madsen Chalet: Parcel Id: 273512448005, Legal Description: BLOCK
25, LOTS Q, R & S.
700 W. Hopkins Ave: Parcel Id: 273512446015; 273512446018; 273512446012;
273512446011: 273512446021: 273512446020; 273512446022; 273512446014;
273512446013 273512446017; 273512446016; 273512446019; 273512446025;
273512446024; 273512546802; 273512446023, Legal Description: BLOCK 19, ALL UNITS,
700 WEST HOPKINS CONDOMINIUMS.
720 W. Hopkins Ave., Skandia Townhomes: Parcel Id: 273 5 1 2446007; 273512446009;
273512446010; 273512446008; 273512446006; 273707334006; 273512446801, Legal De-
scription: BLOCK 19, ALL UNITS, SKANDIA TOWNHOUSES CONDOMINIUMS.
100 E. Hyman Ave., Chalet Lisl: Parcel Id: 273512458005, Legal Description: BLOCK 68,
LOTS K - M.
300 W. Hyman Ave., Kitzbuhl Lodge: Parcel Id: 273512464007, Legal Description:
BLOCK 46, LOT R & S.
322 W. Hyman Ave: Parcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N &
O.
334 W. Hyman Ave., St. Moritz: Parcel Id: 273512464004, Legal Description: ST MORITZ
LODGE MINOR PUD SUBDIVISION.
606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K & L.
610 E. Hyman Ave: Parcel Id: 2737182]2004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Parcel Id: 273718212007, Legal Description: BLOCK
99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Parcel Id: 273 71 821 1 008 THROUGH
273718211019; 27371 821 1 021 THROUGH 2737 1 821 103 1, Legal Description: BLOCK 104,
ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Parcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
120 E. Main St., Design Workshop: Parcel Id: 273512438002, Legal Description: ELY 20
FT OF LOT M, ALL OF LOTS N & O BLOCK 66 & SLY 10 FT OF VACATED ALLEY
ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Parcel Id: 273512440010, Legal Description: BLOCK 51,
LOTS R & S.
220 E. Main St., Cortina Lodge: Parcel Id: 273707320707, Legal Description: BLOCK 73,
LOTS P&Q.
420 E. Main St: Parcel Id: 273707322801; 273707322014; 273707322015, Legal Description:
BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS.
435 East Main St., Gas Station/local'scnrner: Parcel Id: 273707330005, Legal Description:
BLOCK 87, LOTS E - I.
520 W. Main St., Ullr Lodge: Parcel Id: 273512498001 THROUGH 273512498027;
273512498801, Legal Description: BLOCK 30, ALL UNITS, ULLR COMMONS
CONDOMINIUMS.
630 W. Main St., Mountain Rescue: Parcel Id: 273512444805, Legal Description: BLOCK
24, LOT M.
Ordinance #48, Series 2007
Page 9 of 12
Second Reading Amendments - 11.26.07
730 W. Main St., Hickory House: Parcel Id: 273512445004, Legal Description: BLOCK 18,
LOTS M - P.
834 W. Main St/107 N. Seventh St., Bavarian Housing: Pazcel Id: 273512380014
THROUGH 273512380021, Legal Description: ALL UNITS, BAVARIAN INN
CONDOMINIUMS.
24 McSkimming Rd: Parcel Id: 273718100054, Legal Description: BLOCK 19, LOT 6 & 7
RIVERSIDE ADDN & A TRACT OF LAND IN SE4 OF NE4 OF SEC 18-10-84 BEING A
PART OF HIGHLAND PLACER USMS NO 6120 & THE RIVERSIDE PLACER USMS
NO 3905 DESC AS FOLLOWS BEG AT A PT ON LINE 2-3 OF SAID HIGHLAND
PLACER WH COR 2 OF SAID PLACER BEARS S 1 25' W 886.26 FT TH N 47 50'W 19.88
FT TO THE E R-O-W LINE OF A RD TH NELY ALONG SAID R-O-W FT M/L TH S 60
OS'E 122.04 FT TO LINE 2-3 OF THE HIGHLAND PLACER TH S 1 DEG 25'W TO THE
PT OF BEG TOGETHER WITH IMPS THEREON BK 231 PG 84.
232 McSkimming Rd: Parcel Id: 273718103007, Legal Description: BLOCK 2, LOT2,
ASPEN GROVE SUBDIVISION.
592 McSkimming Rd: 273718102003, Legal Description: BLOCK 3, LOT 4, ASPEN
GROVE SUBDIVISION
745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDIVISION.
765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
SUBDIVISION.
119 S. Mill St., Wells Fargo Bank: Parcel Id: 273707329009, Legal Description: BLOCK
80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273 7 1 82 1 7004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Parcel Id: 273512111808, Legal Description:
BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
403 Park Ave: Parcel Id: 273707404010 THROUGH 273707404019, Legal Description:
ALL UNITS, MARTHINSSON-NOSTDAHL CONDOMINIUMS.
411 Pearl Ct: Parcel Id: 273 5 121 1 0002, Legal Description: BLOCK 101, LOTS 7 & 8 & A
STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE HALF OF
THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8 HALLAM ADDITION.
434 Pearl Ct: Parcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
119 Red Mountain Rd: Pazcel Id: 273707213002, Legal Description: LOT 2, ODEN SPLIT
SUBDIVISION.
246 Roaring Fork Dr: Parcel Id: 273718120017, Legal Description: LOT 23, EASTWOOD
SUBDIVISION.
258 Roaring Fork Dr: Parcel Id: 273718120016, Legal Description: LOT26, EASTWOOD
SUBDIVISION.
850 Roaring Fork Rd: Pazcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDIVISION.
54 Shady Ln: Parcel Id: 273707200026, Legal Description: SECT,TWN,RNG:7-10-84,
TRACT OF LAND BEG AT A PT ON THE ELY R-O-W OF THE D&RGW RR (ASPEN
BRANCH) WH THE W4 COR OF SAID SEC 7 BEARS W 602.4FT TH E 214.6 FT TO THE
WLY R-O-W LINE OF RED MOUNTAIN RD TH ALONG THE ARC OF A CURVE TO
Ordinance #48, Series 2007
Page 10 of 12
Second Reading Amendments - 11.26.07
THE RIGHT THE CHORD OF WHICH BEARS N 12 DEG 56'E 215.5FT TO THE CENTER
OFHUNTER CREEK TH S ALONG THE CENTER OF HUNTER CREEK ALONG THE
ARC OF A CURVE THE CHORD OF WHICH BEARS S 68 DEG 02'04""W 296.19 FT TO
THE ELY LINE OF SAID RR R-O-W TH S 08 DEG 5TE 90.6 FT ALONG THE ELY LINE
OF SAID RR R-O-W TO THE PT OF BEG LESS A TRACT CONT 0.0924 AC M/L
DEEDED TO PITKIN CO FOR RDWY DRAINAGE EASEMENT BK 554 PGS 159-161
&185 SUBJECT TO US PATENT RESERVATIONS BK 35 PG 116 R-O-W GRANTED BY
BK 29 PG 582.
69 Shady Ln: Parcel Id: 273707300012, Legal Description: BEG AT POST STANDING
ABOUT 30 FT S OF THE S BK OF HUNTER CREEK & 50 FT W FROM THE CENTER
OF THE D&RGW RR TRACK SAID POST BEING AT THE NW COR OF PARCEL OF
GROUND DEEDED TO SAID D&RGW RR CO BY THE HALLAM LAND CO TH SLY
PARALLEL WITH THE D&RGW RR 266 FT TO THE N BK OF THE ROARING FORK
RIVER TH FOLLOWING THEN & ET BK OF THE ROARING FORK RIVER WITH
COURSES WLY & NLY 78 FT TO S BK OF HUNTER CREEK AT ITS JUNCTION WITH
ROARING FORK RIVER TH N. 89 44'E 220 FT TO THE PLACE OF BEG TOGETHER
WITH ALL WATER RIGHTS PERTAINING THERETO SITUATE LYING & BEING IN
SEC 7-10-84 BK 311 PG 307 BK 512 PG 253.
28 Smuggler Grove: Parcel Id: 273718123002, Legal Description: LOT 2, JUKATI
SUBDIVISION.
500 West Smuggler St: Parcel Id: 273512404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A - I.
1208 Snowbunny Ln: Parcel Id: 273512218800; 273512218002, Legal Description:
CEDARWOOD CONDOMINIUMS, UNIT 1.
1210 Snowbunny Ln: Parcel Id: 273512218001, Legal Description: CEDARWOOD
CONDOMINIUMS, UNIT 2.
300 S. Spring St., Hannah Dustin: Parcel Id: 273718227800; 273718227101, Legal Descrip-
tion: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN CONDOMINIUMS.
900 Stage Rd., Part of Bar X Ranch: Parcel Id: 273502300006, Legal Description: LEGAL
DESCRIPTION TO BE DETERMINED.
219 S. Third St: Parcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S.
407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S.
615 N. Third St: Parcel Id: 273512110001, Legal Description: BLOCK 101, LOTS 9 & 10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr Ho-
sier, Restaurant, Sculpture and Gardens: Parcel Id: 273512129008, Legal Description:
ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id: 273512129809,
Legal Description: ASPEN MEADOWS, LOT 1 B.
700 Ute Ave., Aspen Alps: Parcel Id: 273718255001 thru -011; 273718255013 thru -017;
273718272001 thru 016; 273718239001 thru -006; 273718239061; 273718239014;
273718271001thru-009; 273718256002; 273718295001thru-008; 273718262001thru-008;
273718269001 thru -013; 273718272999; 273718244001 thru -008, Legal Description: ALL
UNITS, ASPEN ALPS CONDOMINIUMS, ASPEN ALPS WEST CONDOMINIUMS,
ASPEN ALPS NORTH, MOSES LOT SPLIT, ASPEN ALPS SOUTH.
Ordinance #48, Series 2007
Page 11 of 12
Second Reading Amendments -11.26.07
1280 Ute Ave., Benedict Building: Parcel Id: 273718156001 thru-003; 273718156005 thru-
020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131;
273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
UNITS, POWDERHOUSE CONDOMINIUMS.
1005 Waters Ave: Parcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
EAST ASPEN ADDITION.
1102 Waters Ave: Parcel Id: 273718266001, Legal Description: LOT 14, CALDERWOOD
SUBDIVISION.
610 S. West End St., Gant: Parcel Id: 273718267001 thru -015; 273718267017 thru -029;
273718267036thru-046; 273718267048thru-050; 273718267053thru-056;273718267058
thru -067; 273718267069 thru -070; 273718267072 thru -078; 273718267080 thru -097;
273718267100 thru -107; 273718267109 thru -111; 273718267113 thru -143, Legal Descrip-
tion: ALL UNITS, GANT CONDOMINIUMS.
95 Westview Dr: Parcel Id: 273718121004, Legal Description: BLOCK 1, LOT 7,
KNOLLWOOD SUBDIVISION.
Ordinance #48, Series 2007
Page 12 of 12
Second Reading Amendments - 11.26.07
ORDINANCE N0. 48
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN
AN "H," HISTORIC OVERLAY DISTRICT.
WHEREAS, in light of the on-going demolition of buildings, structures or objects that
may have historical significance for the City of Aspen, the City Council adopted an Emergency
Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title
26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H"
Historic Overlay District and established a new process for the identification and protection of
potential historic resources. The Ordinance was adopted to address the negative impacts that
the loss of landmark eligible buildings would have on the health, peace, safety, and general
well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique
architectural character, livability and attractiveness as a destination; and
WHEREAS, City Council subsequently directed the Community Development De-
partment to prepaze further amendments to the historic preservation ordinance, including limit-
ing the protection of potential historic resources to a list of properties which are at least 30
years old and which, in staff's opinion are associated with azchitectural styles and historical
trends which represent Aspen's first one hundred years of history, most pazticulazly Aspen's
development since World War II. Said list is attached to this Ordinance as "Exhibit A;" and
WHEREAS, the Community Development Director recommends approval ofthe pro-
posed additions and amendments to Section 26.415 of the Municipal Code, as described
herein; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to con-
siderthe proposed amendments to the above noted Chapter and Section on October 2, 2007,
took and considered public testimony and the recommendation of the Community Devel-
opment Director and recommended, by a 3-1 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;; °~ a°°°~~'~°a `°-°~-' and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Ordinance #48, Series 2007
Page 1 of 25
STRII{E/UNDERLINE VERSION- 11.26.07
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de-
letes inits entirety Section 26.415.035, Designation of Historic Properties. (Note to codifier
-this Section has been amended and recodified as Section 26.415.025.)
c ~ n c ~~ yin F >, re °i r•,.a° .>,° r:.., r°„«,.;i li°.~
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Section 32: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby
amends Chapter 26.415 by adding Section 26.415.025, Identification of Potential Historic
Resources, which section describes the process and criteria for the Identification of Potential
Historic Resources to read as follows:
26.415.025 Potential Historic Resources
A. Purpose. The purpose of this Section and identifying a List of Potential Historic Re-
sources (alternatively, the "List") is to prevent the loss of buildings, sites, structures or objects,
or collections of buildings, sites, structures or objects that may have historical, architectural,
azchaeological, engineering and cultural importance, and to limit the detrimental effect of de-
velopment or demolition of these potential resources on the character of the town during the
time period that the City is undertaking revisions to the Historic Preservation Program. Pre-
serving and protecting historic resources promotes the public welfare by making Aspen a more
attractive and desirable place in which to live, work, or visit.
B. List of Potential Historic Resources. There is hereby identified a List of Potential His-
toric Resources. The properties identified in Exhibit A of Ordinance No. 48, Series of 2007,
shall constitute this List. T'''_ ? _. _ w~ ___ «,,°,, `".«' "«'°'°''"'° ° a° ""'°ai=~~=
. .
~:`..~~p~:r The List shall be maintained and made available to the general public by the
Community Development Department.
Ordinance #48, Series 2007
Page 2 of 25
STRIICE/UNDERLINE VERSION- 11.26.07
C. Amendments to the List of Potential Historic Resources. T"° r :°` °F °°'°~``°' D°
° -
. Noproperties,'~-.
''~.^'~shall be added to the List of Potential Historic Resources by the City of Aspen
for a period of *°~ "mss six (61 months from the date of adoption of Ordinance No. 48,
Series of 2007 while the City is undertaking an evaluation ofthe historic preservation program
and a Citizen Task Force charged with making recommendations is inoperation. c•°F~
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.When the gprimary structure(s)
on any property identified on the List of Potential Historic Resources .•~ have been de-
stroyed by an act of God or aze otherwise declared unsafe and ordered demolished by the
Chief Building Official, the property shall be removed from the List.
D. Applicability and Exemptions. For those properties identified on the List of Potential
Historic Resources, as amended pursuant to Section 26.415.025.0, no alterations, no land use
applications, and no building permit applications shall be undertaken by the property owner or
accepted by the Community Development Department unless removed from the List of Poten-
tial Historic Resources, pursuant to Section 26.415.025.E.
Exempt from this restriction shall be alterations, land use applications, and building permits
limited to interior remodeling, paint color selection, exterior repainting or replastering similaz
to the existing finish or routine maintenance such as caulking, replacement of fasteners, or re-
pair ofwindow glazing. The Community Development Director may exempt other such exte-
rior alterations which are determined by the Community Development Director to be mini-
mallyintrusive orreversible work that does not diminish the historic chaaacter of the property.
Alterations, land use applications, and building permit applications which exclusively impact
the interior of a building shall be exempt from this Section. An owner may volunteer to have
an~..,r~„~~Pd work be reviewed by the Historic Preservation Commission pursuant to the pro-
ceduresand limitations of Chapter 26 415 of the Municipal Code and if the work is found by
HPC to be in conformance with the "City of Aspen Historic Preservation Guidelines," an ap-
plication for building permit will be allowed. Work undertaken in conformance with the In-
ternational Building Code provisions for emergency repairs, assuming that the repair matches
the surrounding exterior materials and character to the extent practicable, shall be exempt from
this Section.
E Financial Hardship Appeal Concerning the List of Potential Historic Resources. An
applicant for a Building Permit who wishes to seek removal from the List of Potential Historic
Resources because of financial hazdship may appeal to a Heazing Officer appointed by the
City Manager who shall have no relationship to the City (other than as a hearing officer) or to
Ordinance #48, Series 2007
Page 3 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
the property owner The Hearing Officer shall determine if administrative removal from the
List shall be granted considering the following:
1. A description of the property and structures located thereon.
2. The original purchase price of the property and subsequent investments or
improvements in the property made prior to the adoption of this Ordinance
other than normal operations and maintenance.
3. Anv unrecoverable costs made prior to the adoption of this Ordinance, or
Ordinance #30. Series of 2007.
4. A cun•ent appraisal of the property considering the effect of this Ordinance.
5. A description of the depreciation method applied to the property for income
tax pumoses based on generally recognized accounting principles applicable
at the time the property was originally acquired by the property owner
6. The assessed value of the property for tax purposes.
7. Copies of the property owner's income tax and financial statements for the
past five (5) yeazs.
8. Anv additional information the property owner may want to submit that may
demonstrate financial hardship.
Within thirty (30) days of complete application submission or as otherwise reasonable, a heaz-
ingdate and time shall be scheduled for the heazing officer to consider written and verbal tes-
timony from the property owner and a representative of the Citv The heazine officer shall,
within thirty (30) days of the hearing issue a written determination as to whether the financial
hardshiprepresented by this ordinance upon the property owner is beyond reasonable expecta-
tion and representing substantial unrecoverable financial loss and a special circumstance
unique to the property owner which is not applicable to other property owners affected by this
ordinance such that the property owner's rights aze being substantially deprived. The hearing
officer shall determine any relief to be provided to the propertyowner including removal of
the property from the List of Potential Historic Resources. The determination shall detail the
factors considered including but not limited to:
1. The base value of the property -the original purchase price plus investments
and improvements (other than normal operations and maintenance).
2. IRS rules related to depreciation.
3. Residual value of the property based on a current appraisal assumin tg he ef-
fect of this Ordinance.
4. Other factors that may be considered "unrecoverable costs" by the property
owner.
5. A financial analysis of the above using a recoupment of investment model.
The action by the hearing officer shall be considered the final administrative action on
the matter.
Ordinance #48, Series 2007
Page 4 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
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Ordinance #48, Series 2007
Page 5 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
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Ordinance #48, Series 2007
Page 6 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
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~F. Penalties. Any owner who takes action to alter or demolish a property identified
on the List of Potential Historic Resources, including purposeful removal, change or damage
to any exterior materials, features, portions of a building, or structural members of a building
shall be subject to the penalties established in Section 26.415.140, Penalties. The Community
Development Department must demonstrate to City Council, using date stamped photographs,
that the exterior of the building has been altered after the adoption date of this ordinance in
order to apply penalties.
In addition, properties on the List of Potential Historic Resources are required to receive rea-
sonablecare, maintenance and upkeep as described in Section 26.415.100, Demolition by Ne-
glect.
Repairs or minimally intrusive work permitted under Section 26.415.025.D or completed ac-
cording to aDevelopment Order or Building Permit issued by the Community Development
Department, as may be required, shall not be subject to penalties.
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Ordinance #48, Series 2007
Page 7 of 25
STRIKE/UNDERLINE VERSION-11.26.07
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Section 53. Notice to Property Owners.
All owners of properties identified on the List of Potentially Historic Resources, as provided in
Exhibit A to this Ordinance, shall be mailed a copy ofthis Ordinance by registered mail, within 10
days of the final City Council approval of this Ordinance. Property owners may submit to the
Community Development Department alternate addresses for this information to be mailed. (As
opposed to or in addition to the address on file with the Pitkin County Assessor's Office.)
Section G4. Effect on Existing Ordinance No. 30 Determinations.
This Ordinance shall not affect any Determination of No Historic Significance approved by the
Community Development Director pursl7ant to Ordinance No. 30, Series of 2007. These
determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-yeaz
Ordinance #48, Series 2007
Page 15 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
period from their issuance date, b~,aln'-~~~t-aaton~all~~.n~=FSr a lenger Yc.:ca.• 'F
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Section ~5. Historic Preservation Commission Review of List.
The List of Potential Historic Resoarces (the List), as appended to Ordinance No. 48, Series of
2007, shall be referred to the Historic Preservation Commission (the HPC) for additional analysis
and consideration. The HPC may direct the Community Development Director to remove
properties from the List, based upon their finding that there is no probably cause to believe that the
criteria for landmark designation are met. If this is the HPC's conclusion, notification will be
provided by mail to the individual property owners. This action by the HPC to direct the
Community Development Director to remove a property from the List shall require adoption of a
resolution by a simple majority. As requested by the HPC on any specific property, the HPC shall
heaz and consider any input from the Community Development Department regazding the
potential historic significance of the property, may visit the property and may consider any written
material submitted by a property owner. However this is an administrative review of the
determination of the Community Development Department. Although open to the public, this
review shall not be deemed a public hearing and the HPC shall not take public comment during
this review. The HPC's additional analysis and consideration shall not be considered prejudice
upon any subsequent review of the property for Landmark Designation or a Site Specific
Development Plan. The HPC shall conclude their further analysis and consideration within ninety
(90) days from the adoption of Ordinance No. 48, Series of 2007, or as otherwise extended by City
Council motion. The HPC may elect not to undertake this review or to discontinue this review at
any point.
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r Ordinance #48, Series 2007
Page 16 of 25
STRIICE/UNDERLINE VERSION- 11.26.07
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Section fib. Policy Task Force.
A Historic Preservation Policy Task Force shall be established in order to provide guidance on
additional changes to the City of Aspen Historic Preservation Program. Membership of the Task
Force shall be by appointment by City Council. Duties of the Task Force shall be determined by
City Council, but shall include a review of the following as a minimum:
• The criteria upon which designation applications are judged, including whether additional
or different criteria should apply when the property owner objects to the designation and
for 20s' century properties.
• Changes to the Integrity Scoring System used to evaluate properties, including to the
process by which the Scoring System is adopted.
• Existing and additional benefits for owners of historic properties.
• Strategic policy level review of the historic preservation program objectives and benefits
and congruence with community goals as outlined in the Aspen Area Community Plan.
r T~1°......t6°~-.:..° _°,...°..•°a 6., t6° ~.^~° Tc:.' ;er, the The City shall not proceed with property
designations without owner consent until the Policy Task Force has made their recommendations
and the City Council has considered proposed code changes. °-°~°~'~°° :a°~`'~°'' °~'''° r'°' °f
„c~m^ ^
Section ~A7. Availability of Documents.
The Community Development Department shall make available to the public all documents
related to the List of Potential Historic Resources, criteria upon which properties shall be
evaluated, reseazch papers, scoring sheets, development and other benefits, and copies of this
ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen
website.
Section i-~8. Effect on Existing Applications.
This Ordinance shall not affect any active Land Use Application, existing Development Order, or
Building Permit, as such terms are used in the Land Use Code, submitted and determined
complete prior to the effective date of this ordinance
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal
discussions with Community Development staff or review Boards shall not constitute a complete
Ordinance #48, Series 2007
Page 17 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
application or any other official status. Applications submitted after the effective date of this
ordinance shall comply with the terms of this ordinance and of the Land Use Code, as amended.
Section 339. Expiration of Ordinance.
This Ordinance shall expire six (6) months from the date of adoption unless extended by a
duly adopted Ordinance of the Cit~Council.
Section ~-310. Severability.
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 3311. Existing Litigation.
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.
Section 3412. Notice
A public hearing on the ordinance was held on the _ day of ~ 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
Ordinance #48, Series 2007
Page 18 of 25
STRII{E/UNDERLINE VERSION- 11.26.07
APPROVED AS TO FORM:
Jim True, Special Counsel
Ordinance #48, Series 2007
Page 19 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
EXHIBIT A
ORDINANCE No. _, SERIES OF 2007
720 S. Aspen St, Holland House: Pazcel Id: 273513119001. Legal Description: EAMES
ADDITION SUBDIVISION, BLOCK 9, LOT 1 & LOT 2 DESC: & 13, & 14.
809 S. Aspen St, Shadow Mountain: Parcel Id: 273513124014; 273513124010;
273513124008; 273513124022; 273513124017; 273513124016; 273513124015;
273513124007; 273513124013; 273513124005; 273513124003; 273513124002;
273513124001; 273513124012; 273513124006; 273513124009; 273513124019;
273513124021; 273 5 1 3 1 24020; 273513124004; 273 5 1 3 1 2401 1, Legal Description: ALL
UNITS, SHADOW MOUNTAIN VILLAGE CONDOMINIUMS.
114 E. Bleeker St: Parcel Id: 273512437010; 273512437009. Legal Description: BLOCK 65,
114 EAST BLEEKER CONDOMINIUMS.
118 E. Bleeker St: Parcel Id: 273512437012; 273512437011. Legal Description: BLOCK 65,
HOGUET CONDOMINIUMS.
970 Cemetery Ln: Pazcel Id: 273512208006. Legal Description: SNOWBUNNY
SUBDIVISION, BLOCK 1, LOT 3.
408 E. Cooper Ave: Aspen Sports Pazcel Id:2737-182-16-009, Legal Description: BLOCK
89, LOT PART OF L&M.
617 E. Cooper Ave, Aspen Square: Parcel Id: 273718243001; 273718243022;
273718243018; 273718243025; 273718243023; 273718243101; 273718243003;
273718243049; 273718243006; 273718243051; 273718243034; 273718243012;
273718243008; 273718243102; 273718243047; 273718243085; 273718243039;
273718243104; 273718243033; 273718243041; 273718243063; 273718243054;
273718243508; 273718243053; 273718243105, Legal Description: BLOCK 101, ALL
UNITS, ASPEN SQUARE CONDOMINIUMS.
832 E. Cooper St, Viking Lodge: Parcel Id: 2737-182-28-007, Legal Description:
BLOCKI I1, LOT R & S.
1001 E. Cooper Ave, Villager Townhouses: Parcel Id: 273718234012; 273718234010;
273718233504; 273718234008; 273718234007; 273718234005; 273718234009;
273718234006; 273718233801, Legal Description: BLOCK 37, ALL UNITS, VILLAGER
TOWNHOUSE CONDOMINIUMS.
1101 E. Cooper Ave, Hildur Anderson: Parcel Id: 273718139801, Legal Description:
ANDERSON SUBDIVISION, LOT 1.
Cooper Avenue, Hyman Avenue and Mill Street Pedestrian Malls
1411 Crystal Lake Rd: Pazcel Id: 273 7 1 8243 004, Legal Description: RIVERSIDE PLACER
U.S.M.S. #3905 AM. SECT,TWN,RNG:18-10-84 DESC: TRACT OF LAND IN NE4 OF
SEC 18-10-84 & BEING PART OF THE RIVERSIDE PLACER USMS 3905 AM DESC AS
FOLLOWS BEG AT A PT WH COR 9 OF SAID RIVERSIDE PLACER BEARS S 00 02'E
242.39 FT TH N 00 02'W 150 FT TH N 89 58'E 150 FT TH S 00 02'E 150 FT TH S 89 58'W
150 FT TO THE PT OF BEG SAID TRACT CONT 0.517 AC BK 244 PG 944 BK 268 PGS
26-27 BK 293 PG 960 & WNTY DEED IN BK 495 PG 409 BK 511 PG 233 FROM
BENEDICT A TRACT OF LAND BK 625 PG 156 PLUS THE SOUTHERN MOST
PARCEL OF LAND IN THE GORDON/CALLAHAN RESUBDIVISION.
Ordinance #48, Series 2007
Page 20 of 25
STRIICE/UNDERLINE VERSION- 11.26.07
1422-1441 Crystal Lake Rd., Aspen Club Condos: Parcel Id: 273718131001 THROUGH
273718131020; 273718131800; 273718131801, Legal Description: ALL UNITS, ASPEN
CLUB CONDOMINIUMS.
333 E. Durant Ave., Mountain Chalet: Parcel Id: 273718245002, Legal Description:
BLOCK 84, MOUNTAIN CHALET PUD SUBDIVISION.
555 E. Durant St, North of Nell: Parcel Id: 273718249002 THROUGH 273718249058;
273718249060; 273718249061; 273718249062, Legal Description: ALL UNITS, NORTH OF
NELL CONDOMINIUMS.
100 E. Francis St., Given Institute: Parcel Id: 273512419851, Legal Description: BLOCK
63, LOT A -LOT F, DESCRIPTION: A PARCEL OF LAND BEING ALL OF BLK 63
PART OF FRANCIS ST PART OF CENTER ST & PART OF THE NW4 OF THE SW4 OF
SEC 7-10-84 & PART OF THE NE4 OF THE SE4 OF SEC 12-]0-85 SAID PARCELS
DESC AS BGNNG AT A PT OF THE N LINE OF FRANCIS ST & 24.00 FT ELY OF THE
W LINE OF CENTER ST TH N 14 DEG 50'49" E 121.59 FT TH N 33 DEG 03' 19"E 42.21
FT TH N 7 DEG19'OS"E 112.35 FT TH S 70 DEG 18'15"E 286.57 FT TH S 6 DEG 18'51 "W
103.11 FT TH 18 DEG 12'00"W 108.73 FT TH 9 DEG 25'21 "E 52.10 FT TH S 23 DEG
21'00"E 83.49 FT TO THE STHLY LINE OF FRANCIS ST EXTENDED ELY TH N 75
DEG 09'11 "W 288.99 FT TO THE NW COR OF BLK 64 TH N 31 DEG 00'50"W 107.29 FT
TO THE POB.
210 W. Francis Ave: Parcel Id: 273512417005, Legal Description: BLOCK 48, LOT P & Q.
621 W. Francis St: Pazcel Id: 2735142426011; 2735142426012, Legal Description: BLOCK
22, REEDS HOUSE CONDOMINIUM.
624 W. Francis St: Pazcel Id: 273512409012, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT B.
626 W. Francis St: Pazcel Id: 2735 1 240901 1, Legal Description: BLOCK 21, STARRI
CONDOMINIUMS, UNIT A.
631 S. Galena St/ 630 S. Galena/ 710 S. Galena St/ 711 S. Galena St/ 710 S. Mill St/ 1039
Waters Ave., Alpenblick: Pazcel Id: 273718279001 THROUGH 273718279019;
273718279801, Legal Description: ALL UNITS, ALPENBLICK CONDOMINIUMS.
215 N. Garmisch St., Yellow Brick: Pazcel Id: 273512436850, Legal Description:
BLOCK57, LOT A -LOT S, PLUS VACATED ALLEY.
233 Gilbert St., Skier Chalet Lodge: Pazcel Id: 273513119002, Legal Description: BLOCK
9, LOTS 5 - LOT 10 AND LOTS 4 & 11 LESS THEW 22' EAMES ADDITION
SUBDIVISION.
700 W. Gillespie St., Aspen Center for Physics: Parcel Id: 273512129803, Legal Descrip-
tion: LOT 3, ASPEN MEADOWS SUBDIVISION.
110 E. Hallam St., Red Brick: Pazcel Id: 273707313801, Legal Description: BLOCK 71,
LOTS K,L,M & FRACTIONAL LOTS A, B, & C, BLOCK 64, LOTS A-I & LOTS K-S
AND A STRIP OF LAND.
327 W. Hallam St: Parcel Id: 273512434001, Legal Description: BLOCK 43, LOTS A- C.
928 W. Hallam St: Parcel Id: 273512300015, Legal Description: BLOCK 4, LOTS PART K,
L & M SECT,TWN,RNG:12-10-85, TRACT OF LAND IN SW4 (ALSO SOMETIMES
KNOWN AS LOT 9) SEC 12-10-85 DESC BY M/B BK 385 PG 357 & TRACT
FORMERLY KNOWN AS PARCEL C OF HERNDON SUB FIRST AMENDMENT.
122 W. Hopkins Ave: Parcel Id: 273 5 1 245 5 004, Legal Description: BLOCK 59, LOTS M &
N.
Ordinance #48, Series 2007
Page 21 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
129 E. Hopkins Ave: Parcel Id: 273512458004, Legal Description: BLOCK 68, LOTS G - I.
211 W. Hopkins Ave: Pazcel Id: 273 5 1 2463 003, Legal Description: BLOCK 53, LOTS F &
G.
608 W. Hopkins Ave, Madsen Chalet: Parcel Id: 273512448005, Legal Description: BLOCK
25, LOTS Q, R & S.
700 W. Hopkins Ave: Parcel Id: 273 5 1 24460 1 5; 273512446018; 2 73 5 1 24460 1 2;
273512446011: 273512446021: 273512446020; 273512446022; 273512446014;
273512446013 273512446017; 273512446016; 273512446019; 273512446025;
273512446024; 273512546802; 273512446023, Legal Description: BLOCK 19, ALL UNITS,
700 WEST HOPKINS CONDOMINIUMS.
720 W. Hopkins Ave., Skandia Townhomes: Parcel Id: 273512446007; 273512446009;
273512446010; 273512446008; 273512446006; 273707334006; 2735]2446801, Legal De-
scription: BLOCK 19, ALL UNITS, SKANDIA TOWNHOUSES CONDOMINIUMS.
100 E. Hyman Ave., Chalet Lisl: Parcel Id: 273512458005, Legal Description: BLOCK 68,
LOTS K - M.
300 W. Hyman Ave., Kitzbuhl Lodge: Parcel Id: 273512464007, Legal Description:
BLOCK 46, LOT R & S.
322 W. Hyman Ave: Pazcel Id: 273512464005, Legal Description: BLOCK 46, LOTS N &
O.
334 W. Hyman Ave., St. Moritz: Parcel Id: 273512464004, Legal Description: ST MORITZ
LODGE MINOR PUD SUBDIVISION.
S1A l~ Hj man t4ve , n,r....,....,..a >,,r,._~,,. n.,_,.er ra. ~~z~r v~ r ~nm r eb..r r~~,.,._:Y.:,....
nr n~rr nn r n~r wr
606 E. Hyman Ave: Parcel Id: 273718212003, Legal Description: BLOCK 99, LOT K & L.
610 E. Hyman Ave: Parcel Id: 273718212004, Legal Description: BLOCK 99, LOT M.
630 E. Hyman Ave., Patio Building: Pazcel Id: 273718212007, Legal Description: BLOCK
99, LOTS R & S.
720 E. Hyman Ave., Aspen Athletic Club: Parcel Id: 273718211008 THROUGH
273718211019; 273718211021 THROUGH 273718211031, Legal Description: BLOCK 104,
ALL UNITS, ASPEN ATHLETIC CLUB CONDOMINIUMS.
301 Lake Ave., Pazcel Id: 273512416003, Legal Description: HALLAM ADDITION
SUBDIVISION BLOCK 40, EAST 1/2 OF LOT 5 -LOT 7.
120 E. Main St., Design Workshop: Parcel Id: 273512438002, Legal Description: ELY 20
FT OF LOT M, ALL OF LOTS N & O BLOCK 66 & SLY 10 FT OF VACATED ALLEY
ADJACENT ALSO LOT 2 OF US WEST SUBDIVISION.
200 W. Main St., Tyrolean Lodge: Pazcel Id: 273512440010, Legal Description: BLOCK 51,
LOTS R & S.
220 E. Main St., Cortina Lodge: Pazcel Id: 273707320707, Legal Description: BLOCK 73,
LOTS P&Q.
420 E. Main St: Pazcel Id: 273707322801; 273707322014; 273707322015, Legal Description:
BLOCK 86, ALL UNITS, GALENA PLAZA CONDOMINIUMS.
435 East Main St., Gas Station/local's corner: Pazcel Id: 273707330005, Legal Description:
BLOCK 87, LOTS E - I.
520 W. Main 5t., Ullr Lodge: Parcel Id: 273512498001 THROUGH 273512498027;
273512498801, Legal Description: BLOCK 30, ALL UNITS, ULLR COMMONS
CONDOMINIUMS.
Ordinance #48, Series 2007
Page 22 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
630 W. Main St., Mountain Rescue: Pazcel Id: 273 5 1 2444805, Legal Description: BLOCK
24, LOT M.
730 W. Main St., Hickory House: Parcel Id: 273512445004, Legal Description: BLOCK 18,
LOTS M - P.
834 W. Main St/107 N. Seventh St., Bavarian Housing: Parcel Id: 273512380014
THROUGH 273512380021, Legal Description: ALL UNITS, BAVARIAN INN
CONDOMINIUMS.
24 McSkimming Rd: Parcel Id: 273718100054, Legal Description: BLOCK 19, LOT 6 & 7
RIVERSIDE ADDN & A TRACT OF LAND IN SE4 OF NE4 OF SEC 18-10-84 BEING A
PART OF HIGHLAND PLACER USMS NO 6120 & THE RIVERSIDE PLACER USMS
NO 3905 DESC AS FOLLOWS BEG AT A PT ON LINE 2-3 OF SAID HIGHLAND
PLACER WH COR 2 OF SAID PLACER BEARS S 1 25' W 886.26 FT TH N 47 50' W 19.88
FT TO THE E R-O-W LINE OF A RD TH NELY ALONG SAID R-O-W FT M/L TH S 60
OS'E 122.04 FT TO LINE 2-3 OF THE HIGHLAND PLACER TH S 1 DEG 25'W TO THE
PT OF BEG TOGETHER WITH IMPS THEREON BK 231 PG 84.
232 McSkimmiug Rd: Parcel Id: 273718103007, Legal Description: BLOCK 2, LOT2,
ASPEN GROVE SUBDIVISION.
592 McSkimming Rd: 273718102003, Legal Description: BLOCK 3, LOT 4, ASPEN
GROVE SUBDIVISION
745 Meadows Rd: Parcel Id: 273512201003, Legal Description: BLOCK 1, LOT 3,
SNOBBLE SUBDIVISION.
765 Meadows Rd: Parcel Id: 273512201002, Legal Description: LOT 2, SNOBBLE
SUBDIVISION.
119 S. Mill St., Wel-s Fargo Bank: Pazcel Id: 273707329009, Legal Description: BLOCK
80, LOTS P - S.
307 S. Mill St., D-19 Restaurant: Parcel Id: 273718217004, Legal Description: ASPEN
COMMERCIAL CONDOMINIUM, UNIT:B.
536 W. North St., Christ Episcopal Church: Parcel Id: 273512111808, Legal Description:
BLOCK 99, LOTS 11 - 15 HALLAM ADDITION.
403 Park Ave: Pazcel Id: 273707404010 THROUGH 273707404019, Legal Description:
ALL UNITS, MARTHINSSON-NOSTDAHL CONDOMINIUMS.
nn~ n ~ A D i ra ~~z~n~nnn~nc r e..,,i n,...,._:...:,..,. r n~r ~ crrT.nrv nnR~
£~BI~S19N-
411 Pearl Ct: Pazcel Id: 273 5 1 2 1 1 0002, Legal Description: BLOCK 101, LOTS 7 & 8 & A
STRIP OF LAND SITUATED IN BLK 101 HALLAMS ADDITION BEING ONE HALF OF
THE ALLEY WIDTH ADJ TO THE SLY BORDER OF LOT 7 & 8 HALLAM ADDITION.
434 Pearl Ct: Parcel Id: 273512109002, Legal Description: BLOCK 100, SOUTH 1/2 OF
LOT 2 AND LOT 3, HALLAM ADDITION.
119 Red Mountain Rd: Parcel Id: 273707213002, Legal Description: LOT 2, ODEN SPLIT
SUBDIVISION.
246 Roaring Fork Dr: Parcel Id: 273718120017, Legal Description: LOT 23, EASTWOOD
SUBDIVISION.
258 Roaring Fork Dr: Parcel Id: 273718120016, Legal Description: LOT26, EASTWOOD
SUBDIVISION.
850 Roaring Fork Rd: Parcel Id: 273512126001, Legal Description: LOT 1, MERRIAM
SUBDIVISION.
Ordinance #48, Series 2007
Page 23 of 25
STRIKE/UNDERLINE VERSION-11.26.07
54 Shady Ln: Pazcel Id: 273707200026, Legal Description: SECT,TWN,RNG:7-10-84,
TRACT OF LAND BEG AT A PT ON THE ELY R-O-W OF THE D&RGW RR (ASPEN
BRANCH) WH THE W4 COR OF SAID SEC 7 BEARS W 602.4FT TH E 214.6 FT TO THE
WLY R-O-W LINE OF RED MOUNTAIN RD TH ALONG THE ARC OF A CURVE TO
THE RIGHT THE CHORD OF WHICH BEARS N 12 DEG 56'E 215.5FT TO THE CENTER
OFHUNTER CREEK TH S ALONG THE CENTER OF HUNTER CREEK ALONG THE
ARC OF A CURVE THE CHORD OF WHICH BEARS S 68 DEG 02'04""W 296.19 FT TO
THE ELY LINE OFSAID RR R-O-W TH S 08 DEG 57'E 90.6 FT ALONG THE ELY LINE
OF SAID RR R-O-W TO THE PT OF BEG LESS A TRACT CONT 0.0924 AC M/L
DEEDED TO PITKIN CO FOR RDWY DRAINAGE EASEMENT BK 554 PGS 159-161
& 185 SUBJECT TO US PATENT RESERVATIONS BK 35 PG 116 R-O-W GRANTED BY
BK 29 PG 582.
69 Shady Ln: Parcel Id: 273707300012, Legal Description: BEG AT POST STANDING
ABOUT 30 FT S OF THE S BK OF HUNTER CREEK & 50 FT W FROM THE CENTER
OF THE D&RGW RR TRACK SAID POST BEING AT THE NW COR OF PARCEL OF
GROUND DEEDED TO SAID D&RGW RR CO BY THE HALLAM LAND CO TH SLY
PARALLEL WITH THE D&RGW RR 266 FT TO THE N BK OF THE ROARING FORK
RIVER TH FOLLOWING THEN & ET BK OF THE ROARING FORK RIVER WITH
COURSES WLY & NLY 78 FT TO S BK OF HUNTER CREEK AT ITS JUNCTION WITH
ROARING FORK RIVER TH N. 89 44'E 220 FT TO THE PLACE OF BEG TOGETHER
WITH ALL WATER RIGHTS PERTAINING THERETO SITUATE LYING & BEING IN
SEC 7-10-84 BK 311 PG 307 BK 512 PG 253.
28 Smuggler Grove: Parcel Id: 273718123002, Legal Description: LOT 2, JUKATI
SUBDIVISION.
500 West Smuggler St: Pazcel Id: 273512404006, Legal Description: LOTS Q, R &S,
BLOCK 26.
949 W. Smuggler Ave: Parcel Id: 273512212001, Legal Description: BLOCK 3, LOT A - I.
1208 Snowbunny Ln: Parcel Id: 273512218800; 273512218002, Legal Description:
CEDARWOOD CONDOMINIUMS, UNIT 1.
1210 Snowbunny Ln: Parcel Id: 273512218001, Legal Description: CEDARWOOD
CONDOMINIUMS, UNIT 2.
300 S. Spring St., Hannah Dustin: Pazcel Id: 273718227800; 273718227101, Legal Descrip-
tion: BLOCK 105, LOTS A - D, ALL UNITS, HANNAH DUSTIN CONDOMINIUMS.
900 Stage Rd., Part of Bar X Ranch: Parcel Id: 273502300006, Legal Description: LEGAL
DESCRIPTION TO BE DETERMINED.
219 S. Third St: Parcel Id: 273512465005, Legal Description: BLOCK 39, LOTS O - S.
407 N. Third St: Parcel Id: 273512413006, Legal Description: BLOCK 34, LOTS P - S.
615 N. Third St: Pazcel Id: 2735 1 21 1 0001, Legal Description: BLOCK 101, LOTS 9 & 10.
1000 N. Third St., Aspen Institute (area of Trustee Townhomes, Health Club, Doerr Ho-
sier, Restaurant, Sculpture and Gardens: Parcel Id: 273512129008, Legal Description:
ASPEN MEADOWS, LOT lA.
1000 N. Third St., Aspen Institute (area of seminar buildings): Parcel Id: 273512129809,
Legal Description: ASPEN MEADOWS, LOT I B.
700 Ute Ave., Aspen Alps: Pazcel Id: 273718255001 thru -011; 273718255013 thru -017;
273718272001 thru 016; 273718239001 thru -006; 273718239061; 273718239014;
273718271001thru-009; 273718256002; 273718295001t1uu-008; 273718262001thru-008;
Ordinance #48, Series 2007
Page 24 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
273718269001 thru -013; 273718272999; 273718244001 tluu -008, Legal Description: ALL
UNITS, ASPEN ALPS CONDOMINIUMS, ASPEN ALPS WEST CONDOMINIUMS,
ASPEN ALPS NORTH, MOSES LOT SPLIT, ASPEN ALPS SOUTH.
1280 Ute Ave., Benedict Building: Pazcel Id: 273718156001 tluv-003; 273718156005 thru-
020; 273718156023 thru -034; 273718156036; 273718156129; 273718156131;
273718156804; 273718156821; 273718156822; 273718156835, Legal Description: ALL
UNITS, POWDERHOUSE CONDOMINIUMS.
1005 Waters Ave: Pazcel Id: 273718282001, Legal Description: BLOCK 41, LOTS A-C,
EAST ASPEN ADDITION.
1102 Waters Ave: Parcel Id: 273718266001, Legal Description: LOT 14, CALDERWOOD
SUBDIVISION.
610 S. West End St., Gant: Pazcel Id: 273718267001 tluu -015; 273718267017 thru -029;
273718267036thru-046; 273718267048thru-050; 273718267053thru-056;273718267058
thru -067; 273718267069 tluu -070; 273718267072 thru -078; 273718267080 thru -097;
273718267100 thru -107; 273718267109 tluu -111; 273718267113 tluu -143, Legal Descrip-
tion: ALL UNITS, GANT CONDOMINIUMS.
95 Westview Dr: Parcel Id: 273718121004, Legal Description: BLOCK 1, LOT 7,
KNOLLWOOD SUBDIVISION.
Ordinance #48, Series 2007
Page 25 of 25
STRIKE/UNDERLINE VERSION- 11.26.07
,~,~-~E «~z~~a~
A CONCEPT TO PROTECT THE CHARACTER OF OUR TOWN
• There is another way to protect our local historic character that should be acceptable to all.
• One reason to preserve certain buildings is to be able to see how we evolved. Look at our
Victorian buildings, our mining days, the quite years. 30 years after these buildings in these
various eras were constructed, I doubt if anyone thought of them as being historic. Today all we
have aze isolated examples, but so much of the chazacter of the setting is gone. I hope that we
have learned something and can do better.
• The issue of preserving some of our 30 yeaz old buildings has become too polarized. The
opponents don't want city hall telling them what they can or can not do with their property. The
proponents want to see our cultural history protected.
• It is possible to have both by approaching the issue another way.
• We need legislation both state and local that would allow the property owners on each side of a
street (or park) to come together and form a neighborhood association. The legislation would
allow a certain percent (say 2/3) to bind all of the property owners on both sides of the street
into the association. As the value of a property is largely determined by the chazacter of that
street, it would be in the financial interest of the these property owners to establish rules to
protect the character of their block.
For example the association might adopt:
• Should a house be demolished then the new replacement house can only be:
0 10 % larger than the destroyed house.
o It can be no closer to the street than the average distance of the houses on either side.
o The height, side yard, rear setback, all can be up to10% greater than the destroyed
house or the average of the adjoining houses, whichever is less.
o Style should not matter, as much of the street's character is established by mass,
setbacks, and density. However if the association wanted to establish design
standards or style within the general parameters, then it should be able to do so.
o Any house that is a landmark because of some special attribute, should have
additional protection through a special process, determined by City Council.
o The association's articles and bylaws should be approved by the City Attorney and
the City Council and then become a recorded covenant that will run with the land.
This type of format is often used when new subdivisions are created. Why not adopt them for
existing neighborhoods (both sides of a street). The property values aze protected as the
streetscape is protected. The incentive is now to protect your street, to protect the character and
value. This pride created, will protect the character
This could happen if each neighborhood (street) was helped by the city. Another way to make
this happen is for the City Council to pass a strong preservation ordnance, but to let any street
opt out by forming it's own chazacter protection district.
This is just a concept. There will be problems and issues, but they can be worked through. A
demolition moratorium must be in place to protect all structures until this concept or something
better is in place.
Submitted to Aspen City Council by Bill Wiener, A.LA. on Nov. 26, 2007. Please make this a part of the record.
~~~. ~
t~~~~~~.
November 26, 2007
Re: Historic Preservation of 20th Century Properties
Mayor Ireland and City Council
Upon the conclusion of the 11/12/07 City Council meeting, it was clear that after
four months of City Council review and citizen, Planning & Zoning and Historic
Preservation Commission input, resolution of the ill conceived Ordinance #30
remains outstanding. The draft of Ordinance #48 as included in 11/26 City
Council meeting packets is, if anything, far worse than Ordinance #30. The
current proposed ordinance removes all preliminary historic reviews by the
Community Development Director or HPC and eliminates all due process and
higher standard protections discussed over the last four months and heretofore
conceptually agreed to by City Council. What we are left with is list of 89
unremarkable properties and absolutely no way historic designation can be
resolved short of owner consent (more correctly stated as "coerced consent") for
a landmark designation application or application for a building permit - a highly
costly endeavor. Gone are property owner rights to "call the question" without a
demolition or building permit, gone are reasonable landmark application
processing criteria that allow the owner to control timing while at the same time
affording the City to maintain full protection of a potential historic resource.
The current draft Ordinance #48 appears to be a moratorium on the 89 listed
properties until such time as new criteria are developed by a Citizen Task Force.
Some council members have suggested a Citizen Task Force can complete this
work in just six (6) months. This is wholly impossible. Historic Preservation of late
20th Century properties is far more complex that historic preservation of Victorian
Era properties. Little or nothing in the way of nationally or locally recognized
preservation or design standards exist for Aspen's diverse collection of targeted
properties. In order to proceed with historic preservation of 20th Century
properties, the Task Force should be created and representatives selected,
professional consultants and moderators must be hired, the community must be
educated on the value of these properties, consensus must be developed for
preservation of same, applicable historic preservation guidelines must be
developed, appropriate incentives must be created and due process measures
must be put in place. Once this body of work is completed by a Task Force,
guidelines must be reviewed and approved by the Historic Preservation
Commission, Planning & Zoning Commission, City Council and the public at
large. There can be little doubt that navigating such unchartered waters will
require time as will the public vetting process.
Given the abandonment of all due process considerations in the rejection of the
11.12.07 version of Ordinance #48, it is once again appropriate to ask City
Council to reflect on community historic preservation values as expressed in the
2000 Aspen Area Community Plan:
"the preservation process must be one of reason and balance,
predictability, and economic fairness".
"People should take precedence over buildings and institutions."
"Historic Preservation is important, but it must not attempt to
replace common sense with rigid and restricting regulations."
As representatives of the Aspen Citizens Group, we have worked diligently with
Staff and members of City Council to suggest changes to proposed Ordinance
#48 to be consistent with the values stated in the Aspen Area Community Plan
and responsive to the directives of City Council. Since City Council has elected to
abandon its directives of the last several months, we believe City Council should
modify Ordinance #48 to free all properties less than 100 years old from
landmark designation consideration until such time as a Task Force can be
convened and recommendations accepted by the City Council. Attached please
find a marked up copy of the 11/12/07 draft of Ordinance 48 that accomplishes
this objective.
Thank you for your consideration.
Aspen Citizens Group
Mike Maple
Aspen, Colorado
Fresh Start -Key points of proposed revised Ordinance
Most properties on the List are already protected
Given that most important and accessible 20~n Century properties are protected
by Historic District regulations or at very low risk of demolition or redevelopment
due to ownership structure, releasing the remaining properties on the list from
near term potential Historic Designation is a simple, low risk solution. Rewards
greatly outweigh the risks.
Approximately 40 properties are single family homes in East and West side of
town with long term stable ownership, far from tourist or public areas.
Fresh start -Revised Ordinance #48:
1. A Task Force will be formed to review and update Aspen's comprehensive
Historic Preservation Program with the active involvement of the
community. Until such plan is adopted as law, only properties on Aspen's
Inventory of Historic Landmark Sites and Structures or properties over
100 years old will be subject to Historic Preservation laws.
2. Pending development and adoption of a revised Historic Preservation
Policy by the community and City Council, the "lists' would have NO legal
significance and properties on the list would be subject only to standard
zoning and building codes. Historic preservation criteria for late 20~n
century properties would be removed pending Task Force review and
adoption of new, community supported polices.
Aspen Citizens Group proposed revisions 11/26/07
ORDINANCE N0.48
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN
AN "H," HISTORIC OVERLAY DISTRICT.
WHEREAS, in light of the on-going demolition of buildings, structures or objects that
may have historical significance for the City of Aspen, the City Council adopted an Emergency
Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title
26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H"
Historic Overlay District and established a new process for the identification and protection of
potential historic resources. The Ordinance was adopted to address the negative impacts that
the loss of landmark eligible buildings would have on the health, peace, safety, and general
well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique
architectural character, livability and attractiveness as a destination; and
WHEREAS, City Council subsequently directed the Community Development De-
partment to prepaze further amendments to the historic preservation ordinance, including limit-
ing the protection of potential historic resources to a list of properties which are at least 30
years old and which, in staff s opinion are associated with azchitectural styles and historical
trends which represent Aspen's first one hundred years of history, most particularly Aspen's
development since World Waz II. Said list is attached to this Ordinance as "Exhibit A;" and
WHEREAS, the Community Development Director recommends approval of the pro-
posed additions and amendments to Section 26.415 of the Municipal Code, as described here-
in; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to consid-
er the proposed amendments to the above noted Chapter and Section on October 2, 2007,
took and considered public testimony and the recommendation of the Community Devel-
opment Director and recommended, by a 3-1 vote, City Council adopt the proposed
amendments to the land use code by amending the text of the above note Chapters and Sec-
tions of the Land Use Code, as described herein.
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:
Ordinance #48, Series 2007
Page 1 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de-
letes in its entirety Section 26.415.035, Designation ofHistoric Properties. (Note to codifier
-this Section has been amended and recodified as Section 26.415.025.)
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Ordinance #48, Series 2007
Page 2 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Ordinance #48, Series 2007
Page 3 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Ordinance #48, Series 2007
Page 4 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Ordinance #48, Series 2007
Page 5 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Section 4:
Pursuant to Section 26.310 of the Municipal Code, the City Council hereby amends
26.415.030, Designation of Historic Properties, which section describes the process and crite-
riathrough which the city designates properties of historical, architectural, archaeological, en-
gineering and cultural importance, to read as follows:
26.415.030 Designation of Historic Properties.
The designation ofproperties to an official list, that is known as the Aspen Inventory of His-
toric Landmark Sites and Structures which is maintained by the City of Aspen, is intended to
provide a systematic public process to determine what buildings, azeas and features of the his-
toricbuilt environment are of value to the community. Designation provides a means of de-
ciding and communicating, in advance of specific issues or conflicts, what properties aze in the
public interest to protect.
A. Establishment of the Aspen Inventory of Historic Landmark Sites and Structures.
The Aspen Inventory of Historic Landmarks Sites and Structures has been established by City
Council to formally recognize those districts, buildings, structures, sites and objects located in
Ordinance #48, Series 2007
Page 6 of 17
ACG Second Reading Amendments - 11.26.07
Aspen Citizens Group proposed revisions 11/26/07
Aspen that have special significance to the United States, Colorado or Aspen history, architec-
ture, archaeology, engineering or culture. The location of properties listed on the Inventory
shall be indicated on maps on file in the Community Development Department.
B. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark
Sites and Structures, an individual building, site, structure, or object or a collection of build-
ings, sites, structures or objects must have a demonstrated quality of significance. The signi-
ficance ofproperties shall be evaluated acwrding to the fotlowing criteria. When designating a
historic district, the majority of the contributing resources in the district must meet the criteria
described below:
1. A property or district is deemed significant for its antiquity, in that it is:
a. In whole or in part more than one hundred (100) years old, and
It possesses an appropriate degree of integrity of location, setting, design,
materials, workmanship and association, given its age;
NOTE: FOR ILLUSTRATIVE PURPOSES. 30 YEAR CRITERIA AS PREVIOUSLY
INCLUDED IN ORDINANCE 48 HAS BEEN STRUCK THROUGH. THIS LANGUAGE
LIKLEY VARIES SLIGHTLY FROM EXISITING. ORDINANCE 30 CODE LANGUAGE
WHICH WOULD NEED TO BE DELETED IN A FINAL DRAFT ORDINANCE.
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Ordinance #48, Series 2007
Page 7 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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6. The Historic Preservation Commission shall adopt, maintain, and make available
to the public guidelines, score sheets, and other devices used by the Community
Development Department, HPC, and Council to apply the criteria set forth in this
Chapter to properties potentially eligible for inclusion on the Inventory. City
Council shall review and ratify these documents at a public hearing prior to their
official use.
C. Authority. The property owner(s), the Community Development Director, the Historic
Preservation Commission (HPC) or the City Council may file an application for designation of
a historic district to the Aspen Inventory of Historic Landmark Sites and Structures.
The property owner(s) or the Community Development Director, pursuant to Section
26.415.025.6, may file an application for designation of a property, site, building, structure, or
object to the Aspen Inventory
of Historic Landmark Sites and Structures. Properties not identified on the List of Potential
Historic Resources may only be considered for designation ifthe owner of the subject property
makes the application.
The Community Development Director, inaccordance with the procedures, standards, and li-
mitations of this Chapter and of this Title, shall recommend approval, approval with condi-
tions, or denial of an application for designation.
The Historic Preservation Commission upon a recommendation from the Community Devel-
opmentDirector, inaccordance with the procedures, standards, and limitations of this Chapter
and of this Title, shall recommend approval, approval with conditions, recommend denial, or
deny an application for designation.
The City Council upon a recommendation from the Community Development Director and the
Historic Preservation Commission, inaccordance with the procedures, standards, and limita-
Ordinance #48, Series 2007
Page 8 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
tions of this Chapter and of this Title, shall approve, approve with conditions, or deny an ap-
plication for designation.
D. Application. The application for the designation of a district, property, site, building,
structure, or object shall include the following:
The applicable information required in section 26.304.030(B)(1),(2),(3) and (4). Ap-
plications submitted by the Community Development Director for a property, site,
building, structure, or object, pursuant to Section 26.415.025.E shall include a letter
from the property owner authorizing such application and indicating the property own-
er's consent to or, objection to designation. Notwithstanding the above, the property
owner shall retain the right to object to designation at any point during the review.
2. Site or historic district boundary map.
3. Property or district description including narrative text, photogaphs and/or other
graphic materials that document its physical chazacteristics.
4. Written description of how the property meets the criteria for designation.
5. Identification of the character-defining features that distinguish the entity which
should be preserved.
~ c..ti,„e,...e..« «,. ,. ..to«:,... ,.r«t.e u:..«,...:,, u..e..e~...,«:,.., r,...,..,;~..:,,.,>~ ~o,r:,.... ,.r,, ao
e e
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E. Review, public hearings and notice.
1. Scheduling. The City shall diligently pursue timely scheduling ofhearing dates
and completion of the review taking the property owner's convenience, availability,
and requests for prepazation time into account. The Municipal Code establishes dead-
lines for City agencies to take action. The Community Development Deparhnent will
work with the property owner to establish a mutually acceptable anticipated schedule,
agreed upon in advance in writing, and adjusted as needed during the process, so that
the property owner can predict and control the pace of review as much as practical.
However, there are circumstances that affect schedules that may not be predicted.
2. Application Submission Review and Recommendation. An application for de-
signation on the Aspen Inventory of Historic Landmark Sites and Structures shall be
submitted to the Community Development Director to determine if the application is
complete. If the application has been prepared by the Community Development De-
partment all contents of the designation application shall be provided to the property
owner by registered mail upon completion of the application.
Ordinance #48, Series 2007
Page 9 of 17
ACG Second Reading Amendments - 11.26.07
Aspen Citizens Group proposed revisions 11/26/07
3. Notice. A date for a public hearing on a complete application shall be scheduled
before the HPC. Notice of the hearing shall be provided according to the provisions of
section 26.304.060.E.3. a, b, and c.
Unless otherwise waived by the property owner, all contents of the designation appli-
cationand the staff memo prepared for the first meeting with the Historic Preservation
Commission shall be sent to the property owner by registered mail at least thirty (30)
days before the public hearing takes place before the Historic Preservation Commis-
sion. Subsequent memos and any supplemental information or documents will also be
provided to the property owner in a timely fashion, no later than they are provided to
the HPC or Council.
Notice to the property owner shall be by registered mail. In the event that there is no
evidence that the property owner received actual notice, the HPC may specify that ad-
ditional measures be taken to ensure that the property owner is informed and has ade-
quate preparation time.
4. Application Review by the Community Development Director. The Community
Development Director, in accordance with the procedures, standards, and limitations
of this Chapter and of this Title, shall recommend approval, approval with conditions,
or denial of an application for designation.
5. Review by the Historic Preservation Commission. The HPC shall evaluate the
application to determine if a property or district meets the criteria for designation. At
the public hearing the property owner, parties of interest, and citizens shall have an
opportunity to provide information about the property or district's eligibility for desig-
nation. For historic district designation applications and property designations in which
the property owner consents to designation, the HPC may recommend approval, ap-
proval with conditions, disapproval or may continue the application to request addi-
tional information necessary to make a decision. The recommendation shall be for-
warded to City Council.
If the owner of the subject property proposed for designation objects to designation at
any point prior to the vote of the Historic Preservation Commission, a recommendation
to approve designation must be supported by a vote of a majority, plus one, of the reg-
ularmembers of the HPC present and voting at the meeting. Any less than a majority
plus one in favor of designation shall be considered a denial and no further review by
City Council shall occur. This voting requirement shall apply to individual property
designations and shall not apply to historic district designation reviews.
6. City Council Review. Upon receipt of a recommendation from the Community
Development Director and the Historic Preservation Commission, and an Economic
Impact Report if one has been prepared, the City Council shall schedule a hearing on
the application in accordance with the notice requirements for adopting an ordinance.
Council shall evaluate the application to determine if the property or district meets the
criteria for designation. At the public hearing the property owner, parties of interest
Ordinance #48, Series 2007
Page 10 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
and citizens shall have an opportunity to provide information about the property or dis-
trict's eligibility for designation or other such information that may be relevant to the
decision. The Council may approve, approve with conditions, deny, or continue the
application to request additional information necessary to make a decision. If at any
point prior to a final vote by City Counci] the property owner decides to pursue an
Economic Impact Report, the City Council shall table action and postpone the hearing
for a sufficient time period as to permit the development of an Economic Impact Re-
port, pursuant to Section 26.415.030.F. If requested by the property owner, the City
Council shall table action and postpone the hearing for a time period not to exceed the
limitations of Section 26.304.070.F, Abandonment of Application.
7. Denied Applications. If an application for designation is denied, the Community
Development Director, HPC or City Council may not file a reapplication for designa-
tion ofthe same Historic Resource, property, or district to the Aspen Inventory ofHis-
toric Landmark, Sites and Structures or ~~..1..°:,. ., «hn T :..« ,.r D,.«,...«:nn., u:n.,.a,.
~Eese~ses for ten (10) years from the date of the denial. The Community Develop-
ment Director shall issue a Determination of No Historic Significance, recorded with
the Pitkin County Clerk and Recorder's Office, exempting the property from the pro-
cedures and limitation of this Chapter for a period often (10) years from the date of
denial.
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Ordinance #48, Series 2007
Page 11 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Ordinance #48, Series 2007
Page 12 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Ordinance #48, Series 2007
Page 13 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Section 5. Notice to Property Owners.
All owners of properties identified on the List of Potentially Historic Resources, as provided in
Exhibit A to this Ordinance, shall be mailed a copy of this Ordinance by registered mail, within 10
days of the final City Council approval of this Ordinance. Property owners may submit to the
Community Development Department alternate addresses for this information to be mailed. (As
opposed to or in addition to the address on file with the Pitkin County Assessor's Office.)
Section 6. Effect on Existing Ordinance No. 30 Determinations.
This Ordinance shall not affect any Determination of No Historic Significance approved by the
Community Development Director pursuant to Ordinance No. 3Q Series of 2007. These
determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-yeaz
period from their issuance dat
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Ordinance #48, Series 2007
Page 14 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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Ordinance #48, Series 2007
Page 15 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 1 I/26/07
> ,
Section 9. Policy Task Force.
A Historic Preservation Policy Task Force shall be established in order to provide guidance on
additional changes to the City of Aspen Historic Preservation Program. Membership of the Task
Force shall be by appointment by City Council. Duties of the Task Force shall be determined by
City Council, but shall include a review of the following as a minimum:
• The criteria upon which designation applications are judged, including whether additional
or different criteria should apply when the property owner objects to the designation and
for 20a' century properties.
• Changes to the Integrity Scoring System used to evaluate properties, including to the
process by which the Scoring System is adopted.
• Existing and additional benefits for owners of historic properties.
• Strategic policy level review of the historic preservation program objectives and benefits
and congruence with community goals as outlined in the Aspen Area Community Plan.
Unless otherwise requested by the property owner, the City shall not proceed with property desig-
nationswithout owner consent until the Policy Task Force has made their recommendations and
the City Council has considered proposed code changes.
this-erdi~se:
Section 10. Availability of Documents.
The Community Development Department shall make available to the public all documents
related to *'~° r ~°' °r °°'°~':°' u:°'°~° D°°°..-°°° criteria upon which properties. shall be
evaluated, reseazch papers, scoring sheets, development and other benefits, and copies of this
ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen
website.
Section 11. Effect on Existing Applications.
This Ordinance shall not affect any active Land Use Application, existing Development Order, or
Building Permit, as such terms are used in the Land Use Code, submitted and determined
complete prior to the effective date of this ordinance
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal
discussions with Community Development staff or review Boards shall not constitute a complete
application or any other official status. Applications submitted after the effective date of this
ordinance shall comply with the terms of this ordinance and of the Land Use Code, as amended.
Section 12. Severability.
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 13. Existing Litigation.
Ordinance #48, Series 2007
Page 16 of 17
ACG Second Reading Amendments -11.26.07
Aspen Citizens Group proposed revisions 11/26/07
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.
Section 14. Notice
A public hearing on the ordinance was held on the _ day of ~ 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice ofthe same was published in a newspaper of general circulation within the City ofAspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Jim True, Special Counsel
Ordinance #48, Series 2007
Page 17 of 17
ACG Second Reading Amendments -11.26.07
ORDINANCE N0.48
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF ASPEN,
COLORADO, AMENDING CHAPTER 26.415 OF THE ASPEN MUNICIPAL
CODE, DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF
HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN
AN "H," HISTORIC OVERLAY DISTRICT.
WHEREAS, in light of the on-going demolition of buildings, structures or objects that
may have historical significance for the City of Aspen, the City Council adopted an Emergency
Ordinance, Ordinance No. 30, Series of 2007, on July 10, 2007. The Ordinance amended Title
26 of the Aspen Municipal Code, specifically Chapter 26.415 Development Involving the
Aspen Inventory of Historic Landmark Sites and Structures or Development in an "H"
Historic Overlay District and established a new process for the identification and protection of
potential historic resources. The Ordinance was adopted to address the negative impacts that
the loss of landmazk eligible buildings would have on the health, peace, safety, and general
well-being of the residents and visitors of Aspen, and the diminishment of Aspen's unique
architectural character, livability and attractiveness as a destination; and
WHEREAS, City Council subsequently directed the Community Development De-
partment to prepare further amendments to the historic preservation ordinance, including limit-
ing the protection of potential historic resources to a list of properties which are at least 30
years old and which, in staff's opinion are associated with architectural styles and historical
trends which represent Aspen's first one hundred years of history, most particulazly Aspen's
development since World War II. Said list is attached to this Ordinance as "Exhibit A;" and
WHEREAS, the Community Development Director recommends approval of the pro-
posed additions and amendments to Section 26.415 of the Municipal Code, as described here-
in; and,
WHEREAS, the Planning and Zoning Commission held a public hearing to consid-
er the proposed amendments to the above noted Chapter and Section on October 2, 2007,
took and considered public testimony and the recommendation of the Community Devel-
opment Director and recommended, by a 3-1 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;; °° a~°~~'-°a "°-°~~. and
WHEREAS, the City Council finds that this Ordinance fiuthers 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:
Ordinance #48, Series 2007
Page 1 of 18
STRIKE/UNDERLINE VERSION-11.26.07
Section 1: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby de-
letes inits entirety Section 26.415.035, Designation ofHistoric Properties. (Note to codifier
-this Section has been amended and recodified as Section 26.415.025.)
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Section 32: Pursuant to Section 26.310 of the Municipal Code, the City Council hereby
amends Chapter 26.415 by adding Section 26.415.025, Identification of Potential Historic
Resources, which section describes the process and criteria for the Identification of Potential
Historic Resources to read as follows:
26.415.025 Potential Historic Resources
A. Purpose. The purpose of this Section and identifying a List of Potential Historic Re-
sources (alternatively, the "List") is to prevent the loss ofbuildings, sites, structures or objects,
or collections of buildings, sites, structures or objects that may have historical, architectural,
archaeological, engineering and cultural importance, and to limit the detrimental effect of de-
velopment or demolition of these potential resources on the character of the town during the
time neriod that the City is undertaking revisions to the Historic Preservation Proeram. Pre-
servingand protecting historic resources promotes the public welfare by making Aspen a more
attractive and desirable place in which to live, work, or visit.
B. List of Potential Historic Resources. There is hereby identified a List of Potential His-
toricResources. The properties identified in Exhibit A of Ordinance No. 48, Series of 2007,
shall constitute this List.
. .
r:.-,~ The List shall be maintained and made available to the general public by the
Community Development Department.
Ordinance #48, Series 2007
Page 2 of 18
STRIKE/UNDERLINE VERSION- 11.26.07
C. Amendments to the List of Potential Historic Resources. T'~^ r :n! ,.r D,.l,...l: ni n,.
. No properties~nsk~diag
«uH: un .~ .u.~ fr~.r. Q,u T:n! « n«! !~ 4~,u « nua..run n«r) ~:«.:4nti n«n ..C Qunti..«
'x.^'~shall be added to the List of Potential Historic Resources by the City of Aspen
for a period of leafs six (6) months from the date of adoption of Ordinance No. 48,
Series of 2007 while the City is undertaking an evaluation of the historic preservation program
and a Citizen Task Force chaz¢ed with making recommendations is in operation. &af€e€tke
,~ ,
> ,
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.When the 1?primary structure(s)
on any property identified on the List of Potential Historic Resources wkish have been de-
stroyed by an act of God or are otherwise declared unsafe and ordered demolished by the
Chief Building Official, the property shall be removed from the List.
D. Applicability and Exemptions. For those properties identified on the List of Potential
Historic Resources, as amended pursuant to Section 26.415.025.0, no alterations, no land use
applications, and no building permit applications shall be undertaken by the property owner or
accepted by the Community Development Department unless removed from the List ofPoten-
tial Historic Resources, pursuant to Section 26.415.025.E.
Exempt from this restriction shall be alterations, land use applications, and building permits
limited to interior remodeling, paint color selection, exterior repainting or replastering similar
to the existing finish or routine maintenance such as caulking, replacement of fasteners, or re-
pair ofwindow glazing. The Community Development Director may exempt other such exte-
rioralterations which are determined by the Community Development Director to be minimal-
ly intrusive or reversible work that does not diminish the historic chazacter of the property.
Alterations, land use applications, and building permit applications which exclusively impact
the interior of a building shall be exempt from this Section. An owner may volunteer to have
any proposed work be reviewed by the Historic Preservation Commission pursuant to the pro-
cedures and limitations of Chapter 26.415 of the Municipal Code, and if the work is found by
HPC to be in conformance with the "City of Aspen Historic Preservation Guidelines; ' an ap-
plication for buildine permit will be allowed. Work undertaken in conformance with the In-
ternational Building Code provisions for emergency repairs, assuming that the repair matches
the surrounding exterior materials and chazacter to the extent practicable, shall be exempt from
this Section.
E. Financial Hardship Appeal Concerning the List of Potential Historic Resources. An
applicant for a Building Permit who wishes to seek removal from the List of Potential Historic
Resources because of financial hardship may appeal to a Hearine Officer appointed by the
City Manaeer who shall have no relationship to the City (other than as a hearing officer) or to
Ordinance #48, Series 2007
Page 3 of 18
STRIKE/UNDERLINE VERSION-11.26.07
the property owner. The Hearing Officer shall determine if administrative removal from the
List shall be granted considering the following_
1. A description of the property and structures located thereon.
2. The original purchase price of the property and subsequent investments or
improvements in the property made prior to the adoption of this Ordinance,
other than normal operations and maintenance.
3. Any unrecoverable costs made prior to the adoption of this Ordinance, or
Ordinance #30, Series of 2007.
4. A current appraisal of the property considering the effect of this Ordinance.
5. A description of the depreciation method applied to theproperty for income
tax purposes, based on generally recognized accountingprinciplesappiicable
at the time the property was originally acquired by the property owner.
6. The assessed value of the property for tax purposes.
7. Copies of the property owner's income tax and financial statements for the
past five (5) years.
8. Anv additional information the property owner may want to submit that may
demonstrate financial hardship.
Within thirty (30) days of complete application submission, or as otherwise reasonable, a heaz-
ingdate and time shall be scheduled for the hearing officer to consider written and verbal tes-
timony from the property owner and a representative of the City. The hearing officer shall,
within thirty (30) days of the hearing, issue a written determination as to whether the financial
hazdship represented by this ordinance upon the property owner is beyond reasonable expecta-
tion and representing substantial unrecoverable financial loss and a special circumstance
unique to the property owner which is not applicable to other property owners affected by this
ordinance such that the property owner's rights aze being substantially deprived. The hearing
officer shall determine any relief to be provided to the property owner, including removal of
the property from the List of Potential Historic Resources. The determination shall detail the
factors considered including, but not limited to:
1. The base value of the property -the original purchase price plus investments
and improvements (other than normal operations and maintenance).
2. IRS rules related to depreciation.
3. Residual value of the property based on a current appraisal assuming the ef-
fect ofthis Ordinance.
4. Other factors that maybe considered "unrecoverable costs" by the property
owner.
5. A financial analysis of the above using a recoupment of investment model.
The action by the hearing officer shall be considered the final administrative action on
the matter.
Ordinance #48, Series 2007
Page 4 of 18
STRIKE/UNDERLINE VERSION- 11.26.07
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Ordinance #48, Series 2007
Page 5 of 18
STRIKE/UNDERLINE VERSION-11.26.07
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Page 6 of 18
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IMF. Penalties. Any owner who takes action to alter or demolish a property identified
on the List of Potential Historic Resources, including purposeful removal, change or damage
to any exterior materials, features, portions of a building, or structural members of a building
shall be subject to the penalties established in Section 26.415.140, Penalties. The Community
Development Department must demonstrate to City Council, using date stamped photographs,
that the exterior of the building has been altered after the adoption date of this ordinance in
order to apply penalties.
In addition, properties on the List of Potential Historic Resources are required to receive rea-
sonable caze, maintenance and upkeep as described in Section 26.415.100, Demolition by
Neglect.
Repairs or minimally intrusive work permitted under Section 26.415.025.D or completed ac-
cording to a Development Order or Building Permit issued by the Community Development
Department, as may be required, shall not be subject to penalties.
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Page 8 of 18
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Page 12 of 18
STRIKE/UNDERLINE VERSION- 11.26.07
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Page 13 of 18
STRIKE/UNDERLINE VERSION-11.26.07
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Ordinance #48, Series 2007
Page 14 of 18
STRIKE/UNDERLINE VERSION- 11.26.07
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Section 33. Notice to Property Owners.
All owners of properties identified on the List of Potentially Historic Resources, as provided in
Exhibit A to this Ordinance, shall be mailed a copy of this Ordinance by registered mail, within 10
days of the final City Council approval of this Ordinance. Property owners may submit to the
Community Development Department alternate addresses for this information to be mailed. (As
opposed to or in addition to the address on file with the Pitkin County Assessor's Office.)
Section 64. Effect on Existing Ordinance No. 30 Determinations.
This Ordinance shall not affect any Determination of No Historic Significance approved by the
Community Development Director pursuant to Ordinance No. 3Q Series of 2007. These
determinations issued pursuant to Ordinance No. 30 shall continue to be valid for afive-year
period from their issuance date,
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Ordinance #48, Series 2007
Page 15 of 18
STRIKE/UNDERLINE VERSION-11.26.07
1•,; 1,' >, •11 >_ a .:.1.,...« ~...l.e.. _ ..F hl.n l.:nh.._:n n .,.,;r.,...«,.,. ,.F .l.e
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Section ~5. Historic Preservation Commission Review of List.
The List of Potential Historic Resources (the List), as appended to Ordinance No. 48, Series of
2007, shall be referred to the Historic Preservation Commission (the HPC) for additional analysis
and consideration. The HPC may direct the Community Development Director to remove
properties from the List, based upon their finding that there is no probably cause to believe that the
criteria for landmazk designation are met. If this is the HPC's conclusion, notification will be
provided by mail to the individual property owners. This action by the HPC to direct the
Community Development Director to remove a property from the List shall require adoption of a
resolution by a simple majority. As requested by the HPC on any specific property, the HPC shall
hear and consider any input from the Community Development Depaztment regarding the
potential historic significance of the property, may visit the property and may consider any written
material submitted by a property owner. However this is an administrative review of the
determination of the Community Development Department. Although opento the public, this
review shall not be deemed a public hearing and the HPC shall not take public comment during
this review. The HPC's additional analysis and consideration shall not be considered prejudice
upon any subsequent review of the property for Landmazk Designation or a Site Specific
Development Plan. The HPC shall conclude their further analysis and consideration within ninety
(90) days from the adoption of Ordinance No. 48, Series of 2007, or as otherwise extended by City
Council motion. The HPC may elect not to undertake this review or to discontinue this review at
any point.
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Ordinance #48, Series 2007
Page 16 of 18
STRIKE/UNDERLINE VERSION-11.26.07
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Section 86. Policy Task Force.
A Historic Preservation Policy Task Force shall be established in order to provide guidance on
additional changes to the City of Aspen Historic Preservation Program. Membership of the Task
Force shall be by appointment by City Council. Duties of the Task Force shall be determined by
City Council, but shall include a review of the following as a minimum:
• The criteria upon which designation applications are judged, including whether additional
or different criteria should apply when the property owner objects to the designation and
for 20~' century properties.
• Changes to the Integrity Scoring System used to evaluate properties, including to the
process by which the Scoring System is adopted.
• Existing and additional benefits for owners of historic properties.
• Strategic policy level review of the historic preservation progam objectives and benefits
and congruence with community goals as outlined in the Aspen Area Community Plan.
r l«,°°° ,.41.°-.°:°° -°°..°°}°a 1....1,° ..-,...°-4° ^°.^°-, the The City shall not proceed with property
designations without owner consent until the Policy Task Force has made their recommendations
and the City Council has wnsidered proposed code changes.
e€
Section X87. Availability of Documents.
The Community Development Department shall make available to the public all documents
related to the List of Potential Historic Resources, criteria upon which properties shall be
evaluated, research papers, scaring sheets, development and other benefits, and copies of this
ordinance and shall diligently pursue timely inclusion of this information on the City of Aspen
website.
Section ~8. Effect on Existing Applications.
This Ordinance shall not affect any active Land Use Application, existing Development Order, or
Building Permit, as such terms aze used in the Land Use Code, submitted and determined
complete prior to the effective date of this ordinance
Pre-Application Conferences, Pre-Application Conference Summary reports, or formal or informal
discussions with Community Development staffor review Boards shall not constitute a complete
application or any other official status. Applications submitted after the effective date of this
ordinance shall comply with the terms of this ordinance and of the Land Use Code, as amended.
Ordinance #48, Series 2007
Page 17 of 18
STRIKE/IJNDERLINE VERSION-11.26.07
Section -)-29. Expiration of Ordinance.
This Ordinance shall expire six (6) months from the date of adoption unless extended by a
duly adopted Ordinance of the Citv Council.
Section X310. Severability.
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 X311. Existing Litigation.
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.
Section -I412. Notice
A public hearing on the ordinance was held on the _ day of ~ 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice ofthe same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn Koch, City Clerk
APPROVED AS TO FORM:
Ordinance #48, Series 2007
Page 18 of 18
STRIKE/UNDERLINE VERSION- 11.26.07
MEMORANDUM v' ~ `C
TO: Mayor Ireland and City Council
FROM: Jessica Garrow, Long Range PlannerJ„1~
THRU: Chris Bendon, Community Development Director
DATE OF MEMO: November 16, 2007
MEETING DATE: November 26, 2007 (cont. from August 13, 2007, August 27, 2007,
October 9, 2007, and November 12, 2007)
RE: 307 S. Spring Street and 625 E. Hyman Subdivision Review
Ordinance No. 29, Series 2007
APPLICANT /OWNER:
633 Spring II, LLC
REPRESENTATIVE:
Stan Clauson Associates, Inc
LOCATION:
307 S. Spring Street and 625 E. Hyman
(Wienerstube Property)
CURRENT ZONING:
C-1 (Commercial) Zone District
SUMMARY:
The Applicant requests subdivision review to
construct a new mixed use building on the
property located at 307 S. Spring Street and
625 E. Hyman, where the Wienerstube
currently exists.
PREVIOUS PLANNING AND ZONING
COMMISSION RECOMMENDATION:
The Planning and Zoning Commission voted
three (3) to zero (0) to approve the project in
Resolution 28, Series 2007 and voted five (5)
to zero (0) to approve growth management
reviews in Resolution 20, Series 2007.
STAFF RECOMMENDATION:
Staff recommends that the City Council
approve the Subdivision request.
REQUEST OF COUNCIL: City Council is asked to grant Subdivision approval for the
development of multi-family residential units at 307 S. Spring and 625 E. Hyman. The
residential units are part of a mixed-use development.
Photo: Existing Wienerstube Restaurant and
neighboring parking lot.
BACKGROUND: The 18,000 square foot lot is located in the Commercial (C-1) zone
district and includes the building which currently houses the Wienerstube and the vacant
parking lot adjacent to the Wienerstube building. The Weinerstube Building currently
includes 5,595 square feet of net leasable space, and does not include a residential
component.
The Applicant has received Growth Management and Commercial Design Review approvals
to redevelop the pazcel with 17,781 squaze feet of net leasable space, twelve (12) Affordable
Housing units in 12,864 squaze feet of net livable space, and six (6) Free-Mazket Residential
units in 12,758 square feet of net livable space.
Of the six (6) Free-Market Units, one (1) is proposed to be a studio unit, and five (5) are
proposed to be two-bedroom units. Of the twelve (12) Affordable Housing units, three (3) of
the affordable housing units are proposed to be Category 2, four (4) of the affordable housing
units are proposed to be Category 3 units and five (5) of the affordable housing units are
proposed to be Category 4 units. The owner shall have the right to choose the first purchaser
on three (3) of the units for the initial sale only. This unit mix and the Applicant's right to
chose the first purchaser of three (3) of the units were agreed to at the February 12`h, 2006
and February 26`h, 2006 City Council meetings.
The Planning and Zoning Commission granted growth management allotments for the new
commercial space, the new Free-Market residential traits, and the new Affordable Housing
units, and recommended the City Council approve subdivision.
Design Apuroved b~Planning and Zoning Commission (P&Zl: P&Z granted approval of
Commercial Design Standard Review for the redevelopment proposal. `
Growth Management Reviews Granted by Planning and Zoning Commission (P&Z): P&Z
approved Growth Management Reviews for the commercial space, free-market restdential
unit, and the affordable housing mitigation as part of the mixed use redevelopment? The
Applicant originally applied as a multi-yeaz project under the "exceptional project" criteria
because there were not enough 2006 Growth Management Allotments for all of the free-
mazket units.3 The Applicant revised the application to request the remaining required free-
market residential allotments from the 2007 Growth Management Yeaz, rather than going
through the "exceptional project" review. The Planning and Zoning Commission granted
this allotment request.4
`Planning and Zoning Commission Resolution 28, Series 2006, attached as Exhibit B. The minutes from the
Planning and Zoning Commission meetings to approve this Resolution are attached as Exhibit C.
2 The redevelopment includes less commercial space than the existing building, and there already exists one (1)
free-market residential unit, therefore commercial and free-market residential allotments were not required for
this proposal.
3 Five (5) of the free-market residential units were granted allotments under Resolution 28, Series 2006. The
Commercial space and twelve (12) affordable housing units were also granted allotments under this Resolution.
a P&Z Resolution 20, Series 2007 granted one (1)free-market residential allotment for the project. This
granted the project all the required allotments. The Resolution is attached as Exhibit D, and the minutes are
attached at Exhibit E.
Wienerstube Redevelopment Subdivision Review Staff Memo
Page 2 of 5
DISCUSSION:
Subdivision: The Applicant is requesting subdivision approval because the development of
multi-family dwelling units requires approval of subdivision, pursuant to the definition of a
subdivisions The creation of multiple dwelling units (or one unit within a mixed use
building) is considered an act of subdivision. If the Applicant is interested in creating
individual ownership interests in the units, condominiumization must be undertaken in order
to demazcate ownership units within a single building.b In reviewing the Subdivision
request, Staff finds that the proposal meets the applicable subdivision review standards
established in Land Use Code Section 26.480.050, Review Standazds, as outlined in Exhibit
A.
Staff finds that the proposal is consistent with the infill development goals established in the
2000 Aspen Area Community Plan. Staff finds the subdivision will not negatively impact
the surrounding area and is compatible with surrounding development. The Applicant will
pay all applicable impact fees, including the School Lands Dedication Impact Fee and the
Pazk Dedication Fee. The project has received all appropriate Growth Management Reviews
and allocations. The land is suitable for development and subdivision, and provides the
affordable housing mitigation that is required by the Land Use Code.
The Planning and Zoning Commission recommended approval of Subdivision to City
Council by a vote of three to zero (3 - 0) in Resolution 28, Series of 2007.
Council Ouestions Raised at First Readine: The City Council asked for clarification on a
number of items at first reading. Staff has highlighted these questions and responded below:
1. At First Reading City Council requested more information regazding the commitments
the project made when it was applying as an "exceptional project" and if those
commitments remain valid. The Applicant has stated that all commitments made as part
of their original application are valid. These include:
• A commitment to exceed the 2006 IECC energy requirements by 50%. The
Applicant has not determined exactly which mechanisms will be used to meet the
energy requirement, but will be using a consulting firm from Boulder to determine the
best ways to meet this requirement in this location. If the Building does not meet the
energy requirements three (3) years after occupancy, it will need to be upgraded to
meet said standards.
• Providing more Affordable Housing than is required by code. The Land Use
Code states that affordable housing net livable azea equal to 30% of the new free-
mazket net livable azea is required. This project provides affordable housing equal to
just over 100% of the new free-mazket net livable space. The Land Use Code also
states that affordable housing equal to 60% of the new emnlovees generated must be
s Subdivision, pursuant to Land Use Code section 26.104.100, is defined as "The process act or result of
dividine land into two or more lots narcels or other units of land or sepazate lesal interests, for the numose or
transfer of ownership leasehold interest buildine or develoament..."
6 Once construction is nearly completed, but prior to issuance of a Certificate of Occupancy, the developer must
file a condominium plat and associated documents for review and approval by the City Engineer and
Community Development Director.
Wienerstube Redevelopment Subdivision Review Staff Memo
Page 3 of 5
provided. According to the code, the current commercial space generates 23
employees, and the new commercial space will generate 42.6 employees. 60% of
42.6 is 25.6 employees to be mitigated. The on-site mitigation is in the form of
twelve (12) two-bedroom units, which mitigates 27 employees.s This project houses
1.4 more employees than is required under the code.
• Providing lower rent commercial space by creating alley retail and second floor
office spaces
• Working with the current Wienerstube owners to have the Weinerstube return in
the new building. The restaurant space at the corner of Spring and Hyman is intended
for this restaurant. The Applicant is also working with the bike shop in an effort to
have that use return.
• High Quality Architecture. The design has evolved through the public hearing
process, and has made great improvements from the original proposal. The new
design provides interesting spaces along the alley and along amid-block walkway.
This project is not required to meet the newly adopted Commercial Design Standards,
but has worked to meet these standards.
• Sidewalk Improvements. The Applicant will provide sidewalk and alley
improvements to enhance the pedestrian experience. Landscaping is incorporated in
the design and in the mid-block walkway and alley with movable planter boxes.
2. Council requested additional information regarding the Applicant's commitments
regazding the Weienerstube returning to the redevelopment. The Applicant had provided
a response to this request in Exhibit B, and will be able to answer any additional
questions at the hearing.
Referral Aaencv Comments: The City Engineer, Fire Marshal, Water Department, Aspen
Sanitation District, Housing Department, and the Parks Department have all reviewed the
proposed application and their requirements have been included as conditions of approval
when appropriate. These comments are attached as Exhibit F.
RECOMMENDED ACTION: In reviewing the proposal, Staff finds that the project meets
many of the goals of the AACP in that it creates a high quality of design, develops affordable
housing within the Urban Growth Boundary (UGB), is mixed use development in close
proximity to a transit and the commercial core of town, and is visually compatible with the
sun•ounding azea. Additionally, Staff finds that the land subject to the application is suitable
for development in that it already contains a commercial building and is served by the
necessary utilities to support the proposed development. Staff recommends approval of this
project.
PROPOSED MOTION: "I move to approve Ordinance No. 29, Series 2007, approving a
Subdivision for the redevelopment project at 307 S. Spring and 625 E. Hyman."
CITY MANAGER COMMENTS:
~ According to Land Use Code section 256.470.OSO.A.S, "Whenever affordable housing is provided on-site
(with actual units) in order to satisfy one requirement, the same on-site affordable housing may also be used to
satisfy any other affordable housing requirement concurrently."
s This is based on the calculation that atwo-bedroom unit mitigates 2.25 employees.
Wienerstube Redevelopment Subdivision Review Staff Memo
Page 4 of 5
Attachments:
Exhibit A -Subdivision Review Criteria and Staff Findings
Exhibit B -Supplemental Information from Applicant
Exhibit C -Planning and Zoning Commission Resolution 28, Series 2006
Exhibit D -Planning and Zoning Commission minutes from November 7, 2006 approving
Resolution 28, Series 2006
Exhibit E -Planning and Zoning Commission Resolution 20, Series 2007
Exhibit F -Planning and Zoning Commission minutes from June 5, 2007 approving
Resolution 20, Series
2007
W ienerstube Redevelopment Subdivision Review Staff Memo
Page 5 of 5
ORDINANCE N0.29
(SERIES OF 2007)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING
WITH CONDITIONS A SUBDIVISION REVIEW FOR THE CONSTRUCTION
OF A MIXED-USE BUILDING AT 307 S. SPRING STREET AND 625 E. HYMAN
AVE, LOTS D-I, BLOCK 100, CITY AND TOWNSITE OF ASPEN, PITHIN
COUNTY,COLORADO
Parce[ No. 2737-182-25-003
Parcel No. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, represented by Stan Clauson Associates, Inc, requesting
approval of Commercial Design Review, Growth Management Reviews, Multi-year
Development Allotments, Condominiumization, and Subdivision to construct athree-
story mixed use building on the properties located at 307 S. Spring Street and 625 E.
Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 18,000 total square
feet and are located in the Commercial (C-1) Zone District; and,
WHEREAS, upon review of the application, and the applicable code standazds,
the Community Development Department recommended the Planning and Zoning
Commission deny the Applicant's request for multi-year development allotments, finding
that the current design and massing did not meet the standazds for an exceptional project
necessary to obtain multi-year development allotments; and,
WHEREAS, the City of Aspen Planning and Zoning Commission passed
Resolution 28, Series 2006 approving Commercial Design Review, 2006 Commercial
Growth Management Allotments, twelve (12) 2006 Affordable Housing Growth
Management Allotments, one (1) 2006 Free-Market Growth Management Allotment, and
recommending City Council approve an "Exceptional Project or Multi-Year
Development Allotment" Growth Management Review for five (5) 2007 Free-Market
Growth Management Allotments and a Subdivision Review on November 7, 2007; and,
WHEREAS, on December 11°', 2006 the Aspen City Council approved Ordinance
No. 49, Series 2006, on First Reading by a four to zero (4-0) vote, approving with conditions
the Multi-Yeaz Growth Management Review and Subdivision of properties located at 307
S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block 100, City and Townsite of
Aspen, CO; and,
WHEREAS, the City Council conducted public hearings on January 22"d, 2007,
February 12~', 2007, and February 26~', 2007, and took public comment on Ordinance No.
49, Series of 2006, and on February 26~', 2007 the Aspen City Council did not approve
Ordinance No. 49, Series 2006, by a two to one (2 - 1) vote, approving with conditions
Ordinance No. 29, Series 2007
Page 1
Multi-Year Development Allotments, and Subdivision for the development of a three-story,
mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, during a regular City Council meeting on February 27~', 2007, the
Aspen City Council voted to reconsider the project on April 23`d, 2007 by a two (2) to one
(1) vote; and,
WHEREAS, on April 11`h, 2007 the Applicant amended their application to
"renew" their growth management request to request five (5) Free-Market Residential
Allotments under the Growth Management Review "Free-Market Residential Units
within aMixed-Use Project" separately from the approvals received in Resolution 28,
Series 2006; and
WHEREAS, the Community Development Director reviewed the amended
application and recommended approval of the five (5) Free-Mazket Residential Growth
Management Allotments, finding that application met the standards for such a review and
recommended approval of the request; and,
WHEREAS, during a duly noticed public hearing on June 5, 2007, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2007, by a five to zero
(5-0) vote, approving with conditions, a Growth Management Review for five (5) Free-
Mazket Residential Units in a Mixed Use Development, for the development of a three-
story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, on July 9~', 2007 the Aspen City Council approved Ordinance No. 29,
Series 2007, on Fitst Reading by a four to zero (4-0) vote, approving with conditions the
Subdivision of properties located at 307 S. Spring Street and 625 E. Hyman Avenue, Lots
D-I, Block 100, City and Townsite of Aspen, CO; and,
WHEREAS, during a duly noticed public hearing on November 26~', 2007,
continued from August 13, 2007, August 27, 2007, October 9, 2007, and November 12,
2007, the Aspen City Council approved Ordinance No. 29, Series 2007, by a _ to _ (_-
~ vote, approving with conditions a Subdivision for the development of a three-story,
mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the 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 Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfaze.
Ordinance No. 29, Series 2007
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1•
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen
Municipal Code, the Aspen City Council hereby approves a Subdivision for the
development of a three-story, mixed use building on Lots D-I, Block 100, City and
Townsite of Aspen, subject to the conditions contained herein.
Section 2: Plat and Agreement
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen
Municipal Code, the Applicant shall record a subdivision agreement that meets the
requirements of Land Use Code Section 26.480, Subdivision, within 180 days of such
approval. The Subdivision Agreement shall also include a commitment to satisfy all
conditions of Planning and Zoning Commission Resolution Number 28, Series of 2006,
Planning and Zoning Commission Resolution Number 20, Series of 2007, as well as all
conditions of this Ordinance. A Subdivision Plat shall be recorded concurrently with the
filing of the Subdivision Agreement. A final Condominium Plat may be approved and
signed by the Community Development Director upon substantial completion of
construction and prior to transfer of ownership of individual units within the project.
Section 3: Buildin¢ Permit Application
The Applicant may not submit a Building Permit Application until the requirements in
Land Use Code Section 26.304.075, Building Permit, are fulfilled. The building permit
application shall include the following:
a. A copy of the final Ordinance, P&Z Resolution 28, Series 2007, and P&Z
Resolution 20, Series 2007.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
c. A tree removal permit as required by the City Pazks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees aze to be removed and new plantings
proposed on the site.
d. A drainage plan, including an erosion control plan and snow storage runoff plan,
prepared by a Colorado licensed civil engineer, which maintains sediment and
debris on-site during and after construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size the Facility. A 5-
year storm frequency should be used in designing any drainage improvements.
e. A final construction management plan pursuant to the requirements described in
Section 6 of this ordinance.
Ordinance No. 29, Series 2007
Page 3
f. A fugitive dust control plan to be reviewed and approved by the Engineering
Department.
g. An excavation/stabilization plan prepared by a licensed Engineer and approved by
the Engineering Department. This should meet all requirements outlined in Section
21.12.140 of the Aspen Municipal Code.
h. Proof of energy efficiency requirement being placed on the property.
Section 4: Dimensional Requirements
The use mix and dimensional requirements shall comply with the C1 zone district, as
described in the staff memorandum and included in the chart below. Specific square
footage requirements may be amended provided compliance with the below stated
requirements of the underlying Cl zone district is maintained. The dimensional
requirements approved for this development are as follows:
Dimensional ' Proposed -
Regpirement' Di~elasional='
R ' ' meats
Minimum Lot Size 18,000 SF
Minimum Lot Width 100 Feet
Minimum Lot Area I Unit per 1,000 SF of
Per Dwellin Unit Lot Area
Minimum Front Adjacent to Hyman- 0
Yard Setback Feet
Adjacent to Spring St.-
0 Fee[
Minimum Side Yard 0 Feet
Setback
Minimum Rear Yard 0 Feet
Setback
Maximum Height 42 Feet
Allowable External Total- 2.74:1
FAR Commercial- 1.3:1
FM Multi-famil - .7:1
Minimum Off-Street Total: 47 Spaces
Parkin Pro osed On-site
Open 10%(1,800 SF)
Space/Pedestrian provided by paying
Ameni cash-in-lieu
Section 5: Oaen Space/Pedestrian Amenity
The property is required to either provide open space satisfying the definition open
space/pedestrian amenity equal to 10% of the property or pay cash-in-lieu thereof. If
providing cash-in-lieu, cash-in-lieu shall be provided in full based on the calculation
methodology set forth in Land Use Code Section 26.575.030, Pedestrian Amenity.
Ordinance No. 29, Series 2007
Page 4
Section 6: Construction Manaeement
A construction management plan shall be submitted with the building permit application
that meets the requirements of the current "Construction Management Plan Requirements
Plan Manual" available in the City of Aspen Engineering Department. The construction
management plan shall include at a minimum, a construction parking plan, a construction
staging and phasing plan, a construction worker transportation plan, a plan for accepting
major construction-related deliveries with estimated delivery schedule, the designation of
haul routes, and an agreement with the City to participate with other neighboring
developments under construction to limit the impacts of construction. This agreement
shall be prepared by the developer and accepted by the Community Development
Director.
As part of the construction management plan, the developer shall agree to require all
dump trucks hauling to and from the site to cover their loads and meet the emission
requirements of the Colorado Smoking Vehicle Law. Any regulations regarding
construction management that may be adopted by the City of Aspen prior to application
for a building permit for this project shall be applicable.
The construction management plan shall also include a fugitive dust control plan to be
reviewed by the City Engineering Department that includes watering of disturbed areas
(including haul routes, where necessazy), perimeter silt fencing, as-needed cleaning of
adjacent right-of--ways, and a representation that the City has the ability to request
additional measures to prevent a nuisance during construction. A temporary
encroachment license is required for use of the City's right-of--way for construction
purposes.
The Applicant shall also provide phone contact information for on-site project
management to address construction impacts to: The City of Aspen, the Victorian Squaze
Condominiums, the owners of the Hannah Dustin Building, the Chateau Aspen
Condominiums, and the owners of the Hunter Plaza Building.
Section 7: Pre-Construction Meetins
The Applicant shall conduct apre-construction meeting with the City Community
Development Staff prior to submittal for a building permit application. This meeting
shall include the general contractor, the azchitect producing the construction drawings,
the Community Development Engineer, a representative of the City Building
Department, a representative of the City Engineering Department, and the Community
Development Department's case planner.
Section 8: Fire Mitigation
The Applicant shall install a fire sprinkler system and alazm system that meets the
requirements of the Fire Mazshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 9: Water Deaartment Reauirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Ordinance No. 29, Series 2007
Page 5
Department. The Applicant shall also enter into a water service agreement with the City
and complete a common service line agreement for the residential units. Each residential
unit shall have an individual water meters. A single water service line penetration into
the building shall be allowed. The Applicant shall abandon the existing water service
line and excavate it prior to installation of a new water service line.
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. The Applicant shall fund the replacement of 300 feet the main sewer line
located in the alley adjacent to the project. No clear water connections (roof, foundation,
perimeter drains) to ACSD lines shall be allowed. The driveway entrance drains shall
drain to drywells and elevator shaft drains shall drain through an oil and sand separator.
One tap to the main sanitary line is allowed. No soil nails shall be allowed in the public
right-of--way above ACSD main sewer lines. The Applicant shall enter into a shared
service line agreement. Glycol and snowmelt shall have containment areas approved by
the Aspen Consolidated Sanitation District. Service lines being abandoned shall be
abandoned from the main sewer line and excavated.
Section 11: Electrical Department Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the redevelopment. If a new supplemental transformer is
required to be installed on the subject property, the Applicant shall provide for a new
transformer and its location shall be approved by the Community Development
Department prior to installation. The Applicant shall dedicate an easement to allow for
City Utility Personnel to access the supplemental transformer for maintenance purposes,
if a supplemental transformer is installed. If after the subdivision plat is recorded and in
the event an easement is required, then the Community Development Director shall
review and approve the easement on the condominium plat.
Section 12: Eneray Efficiency
The development shall exceed the 2006 International Energy Conservation Code (IECC)
requirements for energy usage by 50%. An energy audit shall be conducted on the
development at the property owner's expense after three (3) years of occupancy. The
energy audit shall be conducted by an energy consultant selected by the City of Aspen
Building Department. If the audit determines that the development does not exceed the
2006 IECC requirements for energy usage by 50% or more, then the building shall be
upgraded to meet this requirement.
Prior to the building's occupation, the building shall be commissioned to determine the
energy efficiency prior to use. This shall be conducted by an energy consultant selected
by the City of Aspen Building Department and shall be conducted at the expense of the
Applicant.
Section 13• Growth Management Implications and Employee Housing Mitigation
The Applicant shall provide twelve (12) deed-restricted, two-bedroom affordable housing
units, to fully mitigate for the 25.9 full time employees (FTEs) required to be mitigated
Ordinance No. 29, Series 2007
Page 6
for. The affordable housing units shall also contain 13,960 square feet of floor area as
indicated in the application.
Section 14: Affordable Housin¢
The Applicant shall record a deed restriction on each of the twelve (12) affordable
housing units in conjunction with filing a condominium plat for the property and
prior to issuance of a certificate of occupancy on the affordable housing units.
Three (3) of the affordable housing units shall be Category 2, four (4) of the
affordable housing units shall be Category 3 units and five (5) of the affordable
housing units shall be Category 4 units.
The owner shall have the right to choose the first purchaser on three (3) of the units
for the initial sale only. The households chosen shall be qualified through the
Housing Office and shall meet all of the following criteria:
a. Must have worked at least four years in Pitkin County prior to application,
b. Must meet all aspects of the category specified for the unit to be purchased,
c. Must meet minimum occupancy requirements, and
d. Must show verified proof that at least one person in the household works for
a business in the development at the time of the initial sale.
All re-sales shall go through the Housing Office in accordance with the APCHA
lottery process. All affordable housing units not subject to the right of first
purchase as described above shall be "for sale" units and sold through the APCHA
lottery process.
A separate Homeowner's Association shall be established for the affordable
housing units. The affordable housing homeowners' association dues shall be a
percentage of the free-market residential development's dues equal to the affordable
housing's market value compared to that of the free-market residential component's
mazket value in the complex. If the Category 2 units aze not sold within six months
of Certificate of Occupancy, the units may be utilized as rental units. At any time
said Category 2 units would be found to be out of compliance from the
qualifications as specified in the Guidelines, the units shall be mazketed for resale
through the lottery process.
Section 15: Landscapine
The Applicant shall submit a detailed landscaping plan as part of the building permit
application. This landscaping plan shall include a plan for right-of--way landscaping and
irrigation. The plan shall also include a pazkway landscaping strip adjacent to all abutting
public streets of at least five (5) feet in width. Appropriate street tree plantings aze required
along all streets adjacent to the property and shall be spaced according to the
recommendation of the City of Aspen Pazks Department.
The Applicant shall meet with the Pazks Department and the Community Development
Department prior to building permit submittal to determine the best way to screen the first
floor wall along the alley while meeting the intent of City Council. The Applicant shall
provide a number of options for the Pazks Department and the Community Development
Ordinance No. 29, Series 2007
Page 7
Department to review. The option chosen shall be indicated in the building permit
application.
Section 16: Sidewalk, Curb, and Gutter
Existing sidewalk, curb, and gutter adjacent to the project shall be replaced and upgraded to
meet the City Engineer's design requirements. The sidewalk locations shall be in
substantially the same location as is depicted on the site plan in the subdivision application.
If the adjacent sidewalks aze to be snowmelted, the Applicant shall also snowmelt the curb
and gutter adjacent to the property.
Section 17: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
on both the new residential bedrooms and the commercial/office space to be added to the
subject properties pursuant to Land Use Code Section 26.610, Park Development Impact
Fees. The Pazk Development Impact Fees shall be calculated by the City of Aspen
Zoning Officer using the fee schedule in place at the time of building permit issuance.
Section 18: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit issuance.
Section 19: Exterior LiHhtin¢
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting. The Applicant shall submit a detailed
lighting plan for project that addresses unique lighting installations for the mid-block
walkway. This shall be part of the Pre-Construction meeting requirement as outlined in
Section 7, above.
Section 20: Wildlife Trash Containers
The Applicant shall install aildlife-proof trash container that meets the requirements of
the Environmental Health Department.
Section 21: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oil and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Section 22: Off-Street Parkins
The Applicant shall provide forty-seven (47) sub-grade pazking spaces to be accessed from
the alleyway as approved in plans presented to City Council. The affordable housing units
shall each have one (I) dedicated pazking space in the below grade gazage. The remaining
spaces shall be for use by the free-market units, and the commercial/office space. At no
Ordinance No. 29, Series 2007
Page 8
time shall the pazking structure or spaces be condominiumized other than to delineate
ownership of pazking spaces for the owners of the residential units and commerciaVoffice
space within the subject building. The pazking spaces shall not be used as a Commercial
Parking Facility, as defined in the Land Use Code, unless the Applicant is granted land
use review approval for a Commercial Parking Facility in accordance with applicable
codes at the time of application.
Section 23: Development Timing
The Applicant shall obtain a certificate of occupancy on all of the affordable housing units
prior to obtaining a certificate of occupancy on any other part of the building.
Section 24:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, aze
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 25:
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 26:
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 sepazate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
Section 27: Vested 12iehts
The development approvals granted pursuant to Planning and Zoning Commission
Resolution Number 28, Series of 2006, Planning and Zoning Commission Resolution
Number 20, Series of 2007, and herein shall be vested for a period of three (3) years from
the date of issuance of the development order.
No later than fourteen (14) days following the 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 vested property
right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article
68, Colorado Revised Statutes, pertaining to the following described properties:
307 S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block 100, City and
Ordinance No. 29, Series 2007
Page 9
Townsite of Aspen, by Ordinance No. 49, Series of 2006, of the Aspen City
Council.
Section 28•
A public hearing on the ordinance was held on the 9'" day of July, 2007, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of July, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of _, 2007.
Michael C. Ireland, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John P. Worcester, City Attorney
G:\cityVessica\Cases\Wienerstube\Council\Subdivision\Wienerstube Ordinance11.26.07.doc
Ordinance No. 29, Series 2007
Page 10
Exhibit A, Subdivision
REVIEW CRITERIA & STAFF FINDINGS
Section 26.480 of the City Land Use Code provides that development applications for
Subdivision must comply with the following standards and requirements.
Al. The proposed subdivision shall be consistent with the Aspen Area Comprehensive
Plan.
Staff Finding
Staff believes that the proposed subdivision is consistent with many aspects of the Aspen
Area Community Plan. The properties to be subdivided aze located close to the core azea of
town, which should encourage the residents of the free-market residential units and the
affordable housing units to use alternative means of transportation such as walking and riding
their bicycles as is encouraged by the AACP. Staff also finds that the proposed subdivision
is consistent with the objectives of the Aspen Area Community Plan (AACP) in that this
proposal would provide a great deal of addition commercial/office space as specified in the
AACP action item related to stemming the loss of commercial and office space to other uses.
The project also would provide a dense development where there is currently an
underutilized vacant lot in the downtown core area as is consistent with the infill goals.
2. The proposed subdivision shall be consistent with the character of existing [and
uses in the area.
Staff Findine
Staff finds that the uses proposed in the subdivision are consistent with the chazacter of the
existing land uses in the immediate vicinity. The majority of the development in the
immediate vicinity consists of mixed-use or commercial/office buildings. The Hannah
Dustin building located across Spring Street from the proposed development is currently an
office building that has approval for the creation of several additional residential units. The
Patio building, which contains commercial and office space is located directly across E.
Hyman Avenue from the proposed development and the Victorian Square office building is
located directly to the west of the proposed development. Staff finds this criterion to be met.
3. The proposed subdivision shall not adversely affect thefuture development of
surrounding areas.
Staff Finding
Staff does not feel that the proposed subdivision will adversely affect the future development
of surrounding properties. Staff finds this criterion to be met.
4. The proposed subdivision shall be in compliance with all applicable requirements
of this Title.
Staff Finding
Staff finds that the proposed subdivision meets all requirements of the Land Use Code. Staff
finds this criterion to be met.
B. Suitability of Land for Subdivision
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 1 of 3
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 snows[ide, 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.
b. Spatial pattern efficient. The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension ofpublic
facilities and unnecessary public costs.
Staff Findine
Staff believes that the properties are suitable for subdivision and development. There are no
known geologic hazards on the site and the Wienerstube property currently contains an
existing commercial building. Staff further feels that sufficient infrastructure exists to
accommodate the proposed development. Staff finds this criterion to be met.
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:
1. 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.
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
The Applicant has consented in the application to meet the applicable required improvements
pursuant to Section 26.580. Staff finds this criterion to be met.
D. Affordable 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 affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Staff Findin¢
The application does not propose to replace any existing dwelling units on the site. The
application has been granted the growth management allocations required for the proposed
development. Further, more affordable housing than is required is provided by this proposal.
Staff finds this criterion to be met.
E. School Land Dedication. Compliance with the School Land Dedication Standards
set forth at Chapter 26.630.
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 2 of 3
Staff Finding
The proposed subdivision is required to meet the School Land Dedication Standards pursuant
to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of
providing land. The Applicant has consented to paying the applicable school land dedication
fee at the time of building permit issuance for development within the subdivision. Staff
finds this criterion to be met.
F. Growth Management Approval. Subdivision approval may only be granted to
applications for which all growth management development allotments have been granted
or growth management exemptions have been obtained, pursuant to Chapter 26.470.
Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing
Planned Unit Development (AH-PUD) without ftrst obtaining growth management
approvals if the newly created parcel(s) is required to obtain such growth management
approvals prior to development through a legal instrument acceptable to the City Attorney.
(Ord. No. 44-2001, § 2)
Staff Findin¢
The application has requested and received the necessary growth management allocations for
the proposed development, pursuant to Planning and Zoning Resolutions 20, Series 2007 and
28, Series 2006.
Wienerstube Redevelopment
Subdivision Review Criteria, Exhibit A
Page 3 of 3
14 November 2007
Jessica Garrow
Community Development
City of Aspen
130 S Galena Street
Aspen, CO 8161 1
RE: 307 S Spring St 8 625 E Hyman Subdivision Review
Dear Jessica:
We are ready to present the 307 S Spring St/625 E Hyman Subdivision Review
application to the City Council 26 November 2007. In anticipation of the
hearing, this letter is a recapitulation of the community benefits this
application provides.
RETAINING A LONGTIME TENANT: The proposed redevelopment is for a
mixed-use building featuring a mix of commercial units, market rate and
deed-restricted housing. The proposed building will retain the popular
Wienerstube Restaurant with an additional 17,781 sq. ft. in new net
leaseable square feet of ground floor commercial and second floor office
space.
INCORPORATION OF NEW COA DESIGN GUIDELINE CONCEPTS: The
proposed building incorporates the new concepts in the commercial
development as recommended in the city of Aspen Design Guidelines,
including:
amid-block passage
• alley accessed retail spaces (potentially "affordable" space)
• Other aspects of the building design also reflect the new design
guidelines (i.e. variegated roof heights), although this project was
initiated before the adoption of these guidelines.
Jessica Garrow
Community Development
14 November 2007
• Significant streetscape and planting amenities adjacent to the
building along the sidewalks and at entries are also proposed.
100% ON-SITE AFFORDABLE HOUSING MITIGATION: The project proposes to
provide 100% of the required affordable housing mitigation on-site,
exceeding existing land use code requirements. The result is twelve (12)
units of high-quality affordable housing and six (6) free-market units.
100%ON-SITE, SUBTERRANEAN PARKING: The proposed development
provides 100% of the required on-site parking (47 stalls) in a two-level
subterranean garage accessed from the alley.
MEETS ALL Cl ZONE DISTRICT DIMENSIONAL REQUIREMENTS: The proposed
project does not seek any variance from any dimensional requirement for
the Cl zone district. The proposed project is compliant in allowed uses, FAR,
height, setbacks, and provision of on-site parking.
50% ENERGY EFFICIENCY INCREASE: The application provides fora 50%
increase in energy efficiency over current City of Aspen energy code
requirements as part of the proposed project. This significant energy
efficiency goal has not been attained by any structure in Aspen.
We look forward to the opportunity to present the merit of this application
to the City Council. The proposed project provides significant community
benefit as it provides a substantial amount of affordable housing, retains a
long term commercial tenant, sustainably designed and invigorates and
area immediately adjacent to the commercial core.
Please do not hesitate to contact me if you require additional information.
Very Truly Yours,
Michelle Thibeault, AICP
STAN CLAUSON ASSOCIATES, INC
CC: 633 Spring II, LLC
Revieew tube Subdivision IIIIII VIII IIIIII IIII VIII IIIIIIIIIII III VIII IIII IIII 53 ;500 01.371
RNICE K VOS CRUDILL PITKIN COUNTY CO R 41.00 D 0.00
RESOLUTION N0.28
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A COMMERCIAL DESIGN REVIEW, A GROWTH
MANAGEMENT REVIEW FOR MIXED USE DEVELOPMENT, A GROWTH
MANAGEMENT REVIEW FOR FREE-MARKET RESIDENTIAL UNITS IN A
MIXED USE DEVELOPMENT, A GROWTH MANAGEMENT REVIEW FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING, AND RECOMMENDING
TAE CITY COUNCIL APPROVE A SUBDIVISION AND GROWTH
MANAGEMENT REVIEW FOR MULTI-YEAR ALLOTMENTS FOR THE 307 S.
SPRING STREET SUBDNISION, LOTS D-I, BLOCK 100, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2737-]82-25-003
Parcel No. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, represented by Stan Clauson Associates, Inc, requesting
approval of Commercial Design Review, Growth Management Reviews, Multi-yeaz
Development Allotments, Condominiumization, and Subdivision to construct athree-
story mixed use building on the properties located at 307 S. Spring Street and 625 E.
Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 18,000 total square
feet and are located in the Commercial (C-1) Zone District; and,
WHEREAS, the Community Development Director reviewed the application and
recommended denial of the multi-year development allotments, finding that the current
design and massing does not meet the standards for an exceptional project necessary to
obtain multi-year development allotments; and,
WHEREAS, during a duly noticed public hearing on September 5, 2006, the
Planning and Zoning Commission approved Resolution No. 28, Series of 2006, by a three
to zero (3-0) vote, approving with conditions, a Commercial Design Review, a Growth
Management Review for Mixed-Use Development, a Growth Management Review for
Free-Mazket Residential Units in a Mixed Use Development, a Growth Management
Review for Affordable Housing, and recommending that City Council approve Multi-Year
Development Allotments, and Subdivision for the development of a three-story, mixed use
building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
H:\word\pz06\Wienerstube ResoREVISED.doc
Wienerstube Subdivision a.a.: 2 cf s
Exhibit C IIII~IIIIII~I{IIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIII 531500 Ol:a~~
ReVIEW JpNICE K V05 CRUDILL PITKIN COUNTY CO R 41.00 D 0.00
WHEREAS, the Planning and Zoning Commission finds that the development
proposal meets or exceeds al] 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 Planning and Zoning Commission fmds that this resolution
furthers and is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a Commercial Design Review, a
Growth Management Review for Mixed-Use Development, a Growth Management Review
for Free-Mazket Residential Units in a Mixed Use Development, a Growth Management
Review for Affordable Housing, and recommending that City Council approve Multi-Yeaz
Development Allotments, and Subdivision for the development of a three-story, mixed use
building on Lots D-I, Block 100, City and Townsite of Aspen, subject to the conditions
contained herein.
Section 2: Subdivision/PUD Plat and Aereement
The Applicant shall record a subdivision agreement that meets the requirements of Land
Use Code Section 26.480 within 180 days of approval. Additionally, a final subdivision
plat shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days
of the final approval and shall include the following:
a. A final plat meeting the requirements of the City Engineer and showing: the
proposed building footprint, easements, encroachment agreements and licenses
(with the reception numbers) for physical improvements, and location of utility
pedestals.
Section 3: BuildinE Permit Application
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
The conditions of approval printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new plantings
proposed on the site.
H:\word\pz06\Wienerstube ResoREVISED.doc
- _ _ _.
Wienerstube Subdivision
Exhibit C -~iIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5q 75@0 et:azc
Review K VOS CRUDILL PITKIN COUNTY CO R 41.00 D 0.00
e. A drainage plan, including an erosion control plan and snow storage runoff plan,
prepazed by a Colorado licensed civil engineer, which maintains sediment and
debris on-site during and after construction. If a ground rechazge system is
required, a soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage improvements.
f. A final construction management plan pursuant to the requirements described in
Section 6 of this resolution.
g. A fugitive dust control plan to be reviewed and approved by the Engineering
Department.
h. An excavation/stabilizationpian prepared by a licensed Engineer.
i. Proof of energy efficiency requirement being placed on the property.
Section 4: Dimensional Requirements
The dimensional requirements approved for this development aze as follows:
H:\word\pz06\Wienerstube ResoREVISED.doc
Wie berstube Subdivision II IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 53 750 ei.a~r
Review CWIOILL PITKIN COUNTY CO R 41.0® D 0.00
Section 5: Ooen Soace/Pedestrian Amenity
The property is required to either provide open space satisfying the definition open
space/pedestrian amenity equal to 10% of the property or pay cash-in-lieu thereof. If
providing cash-in-lieu, cash-in-lieu shall be provided in full based on the calculation
methodology set forth in Land Use Code Section 26.575.030, Pedestrian Amenity.
Section 6: Construction Management
A construction management plan shall be submitted with the building permit application
that meets the requirements of the current "Components of a Construction Management
Plan" handout that is available in the City of Aspen Building Department. The
construction management plan shall include at a minimum, a construction pazking plan, a
construction staging and phasing plan, a construction worker transportation plan, a plan
for accepting major construction-related deliveries with estimated delivery schedule, the
designation of haul routes, and an agreement with the City to participate with other
neighboring developments under construction to limit the impacts of construction. This
agreement shall be prepared by the developer and accepted by the Community
Development Director.
As part of the construction management plan, the developer shall agree to require all
dump trucks hauling to and from the site to cover their loads and meet the emission
requirements of the Colorado Smoking Vehicle. Law. Any regulations regazding
construction management that may be adopted by the City of Aspen prior to application
for a building permit for this project shall be applicable.
The construction management plan shall also include a fugitive dust control plan to be
reviewed by the City Engineering Department that includes watering of disturbed areas
(including haul routes, where necessary), perimeter silt fencing, as-needed cleaning of
adjacent right-of--ways, and a representation that the City has the ability to request
additional measures to prevent a nuisance during construction. A temporary
encroachment license is required for use of the City's right-of--way for construction
purposes.
The Applicant shall also provide phone contact information for on-site project
management to address construction impacts to: The City of Aspen, the Victorian Squaze
Condominiums, the owners of the Hannah Dustin Building, the Chateau Aspen
Condominiums, and the owners of the Hunter Plaza Building.
Section 7: Pre-Construction Meetine
The Applicant shall conduct apre-construction meeting with the City Community
Development Staff prior to submittal for a building permit application. This meeting
shall include the general contractor, the azchitect producing the construction drawings,
the Community Development Engineer, a representative of the City Building
Department, and the Community Development Department's case planner.
H:\word\pz06\Wienerstube ResoREVISED.doc
Exhibit C I 531500
Wienerstube Subdivision I~I~I Il11111111ull IIII IIII 110/27/Z006 01:37{
Review
ITKIN COUNTY CO R 41.00 D 0.00
Section S: Fire Mitieation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall. The water service line shall be sized appropriately to
accommodate the required Fire Sprinkler System.
Section 9: Water Deaartment Requirements
The Applicant shall comply with the City of Aspen Water System Standazds, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. The Applicant shall also enter into a water service agreement with the City
and complete a common service line agreement for the residential units. Each residential
unit shall have an individual water meters. A single water service line penetration into
the building shall be allowed. The Applicant shall abandon the existing water service
line and excavate it prior to installation of a new water service line.
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. The Applicant shall fund the replacement of 300 feet the main sewer line
located in the alley adjacent to the project. No clear water connections (roof, foundation,
perimeter drains) to ACSD lines shall be allowed. The driveway entrance drains shall
drain to drywells and elevator shaft drains shall drain through an oil and sand sepazator.
One tap to the main sanitary line is allowed. No soil nails shall be allowed in the public
right-of--way above ACSD main sewer lines. The Applicant shall enter into a shared
service line agreement. Glycol and snowmelt shall have containment azeas approved by
the Aspen Consolidated Sanitation District. Service lines being abandoned shall be
abandoned from the main sewer line and excavated.
Section 11: Electrical Deaartment Requirements
The Applicant shall have an electric connect load summary conducted by a licensed
electrician in order to determine if the existing transformer on the neighboring property
has sufficient capacity for the redevelopment. If a new supplemental transformer is
required to be installed on the subject property, [he Applicant shall provide for a new
transformer and its location shall be approved by the Community Development
Department prior to installation. The Applicant shall dedicate an easement to allow for
City Utility Personnel to access the supplemental transformer for maintenance purposes,
if a supplemental transformer is installed. If after the subdivision plat is recorded and in
the event an easement is required, then the Community Development Director shall
review and approve the easement on the condominium plat.
Section 12: Enerey Efiiciencv
The development shall exceed the 2006 International Energy Conservation Code (IECC)
requirements for energy usage by 50%. An energy audit shall be conducted on the
development at the property owner's expense after three (3) years of occupancy. The
energy audit shall be conducted by an energy consultant selected by the City of Aspen
Building Department. If the audit determines that the development does not exceed the
H:\word\pz06\Wienerstube ResoREVISED.doc
Wienerstube Subdivision Pege: 8 of a
Exhibit C IIIIIIIIIIIIIIIII~~IIIIIIIIIIIII 5312500 O1.37i
Review ILL PITKIN COUNTY CO R 41.00 0 0.00
2006 IECC requirements for energy usage by 50% or more, then the building shall be
upgraded to meet this requirement.
Prior to the building's occupation, a the building shall be commissioned to determine the
energy efficiency prior to use. This shall be conducted by an energy consultant selected
by the City of Aspen Building Department and shall be conducted at the expense of the
Applicant.
The Applicant shall provide twelve (12) deed-restricted, two-bedroom affordable housing
units, to fully mitigate for the 25.9 full time employees (FTEs) required to be mitigated
for. The affordable housing units shall also contain 13,960 squaze feet of floor area as
was proposed in the application.
Section ]4: Affordable Housine
The Applicant shall record a deed restriction on each of the twelve (12) affordable
housing units in conjunction with filing a condominium plat for the property and prior to
issuance of a certificate of occupancy on the affordable housing units. Six (6) of the
affordable housing units shall be Category 3 units and six (6) of the affordable housing
units shall be Category 4 units. All of the affordable housing units shall be "for sale"
units and sold through the APCHA lottery process. A separate Homeowner's
Association shall be established for the affordable housing units. The affordable housing
homeowners' association dues shall be a percentage of the free-mazket residential
development's dues equal to the affordable housing's mazket value compared to that of
the free-market residential component's market value in the complex.
Section 15: Landscaping
The Applicant shall submit a detailed landscaping plan as part of the building permit
application. This landscaping plan shall include a plan for right-of--way landscaping and
irrigation. The plan shall also include a parkway landscaping strip adjacent to all abutting
public streets of at least five (5) feet in width. Appropriate street tree plantings aze required
along al] streets adjacent to the property and shall be spaced according to the
recommendation of the City of Aspen Parks Department.
Section 16: Sidewalk. Curb, and Gutter
Existing sidewalk, curb, and gutter adjacent to the project shall be replaced and upgraded to
meet the City Engineer's design requirements. The sidewalk locations shall be in
substantially the same location as is depicted on the site plan in the subdivision application.
If the adjacent sidewalks aze to be snowmelted, the Applicant shall also snowmelt the curb
and gutter adjacent to the property.
Section 17: Park Development Impact Fees
Park Development Impact Fees shall be assessed at the time of building permit issuance
on both the new residential bedrooms and the commerciaUoffice space to be added to the
subject properties pursuant to Land Use Code Section 26.610, Park Development Impact
H:\word\pz06\Wienerstube ResoREVISED.doc
Wienerstube Subdivision Pays: 7 or s
Exhibit C IIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIII~IIIIII 53 ~5eO0O o1.37f
Review y05 CgUDiLL PI TKIN COUNTY CO R 41.00 D 0.00
Fees. The Pazk Development Impact Fees shall be calculated by the City of Aspen
Zoning Officer using the fee schedule in place at the time of building permit issuance.
Section 18: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi-family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning OtTcer using the fee
schedule in place at the time of building permit issuance.
Section 19: Impact Fees
All impact fees in effect at the time of building permit, as applicable, shall be paid prior
to the issuance of a building permit.
Section 20: Exterior Liehtine
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26.575.150, Outdoor Lighting.
Section 21: Wildlife Trash Containers
The Applicant shall install aildlife-proof trash container that meets the requirements of
the Environmental Health Department.
Section 22: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License for any of the commercial space that is to be used as
restaurant space. An oi] and grease interceptor approved by the Aspen Consolidated
Sanitation District shall be installed in any space that is to be used as a restaurant.
Section 23: Otf-Street Parkine
The Applicant shall provide forty-seven (47) sub-grade pazking spaces to be accessed from
the alleyway. The affordable housing units shall each have one (1) dedicated pazking space
in the below grade garage. The remaining spaces shall be for use by the &ee-mazket units,
and the commerciaUoffice space. At no time shall the pazking structure or spaces be
condominiumized other than to delineate ownership of pazking spaces for the owners of the
residential units and commerciaUoffice space within the subject building.
Section 24: Development Timine
The Applicant shall obtain a certificate of occupancy on all of the affordable housing units
prior to obtaining a certificate of occupancy on any other part of the building.
Sectiop 25:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the Plamung and Zoning Commission or City Council, aze
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Wienerstube Subdivision Pwg.: a or a
Exhibit C IIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 53 750ge ei:3,t
Review pUDILL PITKIN COUNTY CO R 41.00 D 0.06
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 26:
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 27•
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 Planning and Zoning Commission of the City of Aspen by a'~ to
~n (~-~ vote on this 5th day of September, 2006.
APPROVED AS TO FORM:
Attorney
PLANNING AND ZONING
~LL~ 1(fuG ert V~cE,' -~hG i r
ATTEST:
~ackie Lothia ,Deputy City Clerk
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Exhibit D
Wienerstube Subdivision Review
Asaen Planning & Zoning Commission Meetinn Minutes November 7.2006
CONTINUED PUBLIC HEARING (09/19/06; 10/03, 10/17):
WEINERSTUBE REDEVELOPMENT
Ruth Kruger opened the continued public hearing on the Weinerstube
Redevelopment. It was made clear to the applicant that in order for a motion to be
approved all three votes had to be affirmative. Stan Clauson stated that was
understood and wanted to proceed.
Jessica Garrow stated at the previous meeting the commission requested some
changes to the application and requested staff to clarify how the land use code
related to uses in the CC and C1 Zone Districts. Exhibit C outlined the permitted
uses.
Garrow said the commission asked for clarification regarding Growth Management
for an exceptional project and amulti-year allotment; the review criteria were the
same for multi-year allotments and an exceptional project (detailed on page 2 of
the staff memo). Garrow explained that in any one year there were 18 free market
allotments for the entire city; at no point can more than 6 allotments occur in the
CC or C1 Zone District. Within the total 18 allotments 6 are allowed to be used
for an exceptional project; an exceptional project goes through the criteria. Garrow
said 5 of this year's allotments for the CC and C 1 Zone Districts were used by the
Stage III project; the Weinerstube is requesting the 1 remaining allotment for this
year and is requesting the rest of the allotments form the multi-year, which would
draw from next year's allotments for the CC and C 1 Zone District. Kruger still
disagreed with the staff interpretation; she asked where it shows that they can dip
into the next year. Garrow replied it said that there were only 6 allotments in the
CC and C 1 Zone District in a year regardless if it was exceptional so if they use
those 6 allotments in that year then an exceptional project can come in but can not
go in as an exceptional project in that zone district (part 400 page 112 d). Kruger
said that she did not interpret this in that way. Garrow noted on page 119 it began
with Planning and Zoning Commission review and d on page 126 was City
Council review; part one of that was exceptional project or multi-year development
allotment. Kruger said they would continue to disagree. Joyce Allgaier stated that
3
Exhibit D
Wienerstube Subdivision Review
Aspen Planning & Zonipe Commission Meetin¢ Minutes November 7, 2006
be a darker metal material and the whole upper level would be darker so the eye
perceived it as a recessive nature. Steve Skadron asked if the spaces on the first
level were retail spaces with storefront windows. Weisnowski replied that was
exactly what it was. Rowland asked if the windows were double hung on the bank.
Weisnowski replied that would become a question of the energy efficiency of the
systems that were used. Clauson said that since this met the code and was not a
PUD it would not be seen by P&Z again.
Clauson said there would be planters and ash trees with pavers on the sidewalks;
the outdoor dining area was covered by a roof, which would be a more flexible,
useful and functional for the restaurant. Weisnowski said the covering done in a
more permanent way and would be better than a more contrived way. Skadron
asked if the space was conditioned for a restaurant. Kruger replied that restaurants
attract people and the code used to say locally serving restaurants but it was not
enforceable. Allgaier said that it was also un-interpretable. Skadron asked the
uses allowed. Garrow replied that it was in Exhibit C and read the allowed uses.
Clauson said that a change in use would be required; there were 6 retail locations
and the Weinerstube would be the 7`h commercial location. Skadron asked if that
meant 6 doors. Clauson replied they were showing 6 entries and the Weinerstube.
Weisnowski said that the Weinerstube was best known for the breakfasts and this
was a better side for the dining and outdoor dining.
Skadron asked the current building's open space component. Clauson replied zero.
Skadron asked how the parking would operate; was it paid parking; was it
dedicated to the store operators and residents. Clauson replied that the code does
not address any specific requirements for how the parking operates. Kruger said
the 47 parking spots were off the street and underground. Skadron said if they
would be used. Kruger stated they would be used; the spaces would be a benefit to
the tenants and the amentias such as parking would attract tenants.
Skadron asked why staff was not satisfied with the 30 and 60 foot modules.
Garrow replied even though there was a portion of the building that responded to
the next building and the side was 90 feet without any fenestration that would
show a 60 and a 30 and did not feel that the transition was enough. Weisnowski
said there were materials, height variations, the fenestration, windows and detailing
were in this design to create the differentiations in the sections. Weisnowski said
they went to great extents to create a building that had more bite sized pieces that
were more consistent with the historic nature of town and this block alone had
architecture that varied drastically in terms of styles. Clauson said this building
meets all the stated commercial design standards in the land use code.
5
Exhibit D
Wienerstube Subdivision Review
Aspen Planning & Zopin~ Commission Meeting Minutes November 7, 2006
retail spots. Allgaier said the hard zoning would continue to apply to the
commercial and office uses of the C1 Zone. Allgaier noted the project exceeded
the affordable housing, which keeps people and brings people downtown. Allgaier
said that the mixed use was a step in gaining social economic sustainability
downtown.
MOTION.• Steve Skadron moved to approve Resolution #28, Series of 2006 as
amended with conditions, commercial design review, growth management
exemption for a new mixed use development, growth management for free-market
residential units within a mixed use project, growth management review for the
development of affordable housing; and recommending City Council approve a
subdivision and multi-year growth management construction of a mixed use
building with 18,000 square feet of commercial/office space, six free-market
residential units and twelve affordable housing units. Second by John Rowland.
Roll call vote.• Rowland, yes; Skadron, yes; Kruger, yes. APPROVED 3-0.
RESOLUTION N0.20
(SERIES OF 2007)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A GROWTH MANAGEMENT REVIEW FOR FREE-MARKET
RESIDENTIAL UNITS IN A MIXED USE DEVELOPMENT FOR THE 307 S.
SPRING STREET SUBDIVISION, LOTS D-I, BLOCK 100, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2737-182-25-003
Parcel No. 2737-182-25-004
WHEREAS, the Community Development Department received an application
from 633 Spring II, LLC, represented by Stan Clauson Associates, Inc, requesting
approval of Commercial Design Review, Growth Management Reviews, Multi-year
Development Allotments, Condominiumization, and Subdivision to construct athree-
story mixed use building on the properties located at 307 S. Spring Street and 625 E.
Hyman Avenue, Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 18,000 total square
feet and are located in the Commercial (C-1) Zone District; and,
WHEREAS, the City of Aspen Planning and Zoning Commission passed
Resolution 28, Series 2006 approving Commercial Design Review, 2006 Commercial
Growth Management Allotments, twelve (12) 2006 Affordable Housing Growth
Management Allotments, one (1) 2006 Free-Mazket Growth Management Allotment, and
recommending City Council approve an "Exceptional Project or Multi-Year
Development Allotment" Growth Management Review for five (5) 2007 Free-Market
Growth Management Allotments and a Subdivision Review on November 7, 2007; and,
WHEREAS, on December 11~', 2006 the Aspen City Council approved Ordinance
No. 49, Series 2006, on First Reading by a four to zero (4-0) vote, approving with conditions
the Multi-Year Growth Management Review, Subdivision and Condominiumization of
properties located at 307 S. Spring Street and 625 E. Hyman Avenue, Lots D-I, Block
100, City and Townsite of Aspen, CO; and,
WHEREAS, the City Council conducted public hearings on January 22"d, 2007,
February 12`x, 2007, and February 26`h, 2007, and took public comment on Ordinance No.
49, Series of 2006, and on February 26~', 2007 the Aspen City Council did not approve
Ordinance No. 49, Series 2006, by a two to one (2 - 1) vote, approving with conditions
Multi-Yeaz Development Allotments, and Subdivision for the development of a three-story,
mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, during a regulaz City Council meeting on February 27w, 2007, the
Aspen City Council voted to reconsider the project on April 23rd, 2007 by a two (2) to one
(1) vote; and,
Exhibit E, Wienerstube Subdivision
Page I of 5
WHEREAS, on April 11`h, 2007 the Applicant amended their application to
"renew" their growth management request to request five (5) Free-Market Residential
Allotments under the Growth Management Review "Free-Market Residential Units
within aMixed-Use Project" separately from the approvals received in Resolution 28,
Series 2006; and
WHEREAS, the Community Development Director reviewed the amended
application and recommended approval of the five (5) Free-Mazket Residential Growth
Management Allotments, finding that application meets the standards for such a review;
and,
WHEREAS, during a duly noticed public hearing on June 5, 2007, the Planning
and Zoning Commission approved Resolution No. 20, Series of 2007, by a five to zero
(5-0) vote, approving with conditions, a Growth Management Review for five (5) Free-
Mazket Residential Units in a Mixed Use Development, for the development of a three-
story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
as identified herein; and,
WHEREAS, the Planning and Zoning Commission fmds that the development
proposal meets or exceeds all applicable development standazds 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 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 CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section I
Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code,
the Planning and Zoning Commission hereby approves a Growth Management Review for
five (5) Free-Mazket Residential Units in a Mixed Use Development for the development of
a three-story, mixed use building on Lots D-I, Block 100, City and Townsite of Aspen,
subject to the conditions contained herein.
Section 2: Resolution 28, Series 2006
All conditions of approval, with the exception of the Affordable Housing condition, listed
in Resolution 28, Series 2006 shall remain in effect for this project.
Section 3: Affordable Housing Conditions of Approval
Exhibit E, Wienerstube Subdivision
Page 2 of 5
During a public hearing on February 12`h, 2007 and February 26`s, 2007 with City
Council, Affordable Housing unit mix was brought up as an issue and the City Council
requested changing the Affordable Housing mix from the original P&Z approvals in
Resolution 28, 2006. The Applicant agreed to the following condition, which is still in
effect:
The Applicant shall record a deed restriction on each of the twelve (12) affordable
housing units in conjunction with filing a condominium plat for the property and prior to
issuance of a certificate of occupancy on the affordable housing units. Three (3) of the
affordable housing units shall be Category 2, four (4) of the affordable housing units shall
be Category 3 units and five (5) of the affordable housing units shall be Category 4 units.
The owner shall have the right to choose the first purchaser on three (3) of the units for
the initial sale only. The households chosen shall be qualified through the Housing
Office and shall meet all of the following criteria:
a. Must have worked at least four yeazs in Pitkin County prior to application,
b. Must meet all aspects of the category specified for the unit to be purchased,
c. Must meet minimum occupancy requirements, and
d. Must show verified proof that at least one person in the household works for a
business in the development at the time of the initial sale.
All re-sales shall go through the Housing Office in accordance with the APCHA lottery
process. All affordable housing units not subject to the right of first purchase as
described above shall be "for sale" units and sold through the APCHA lottery process.
A separate Homeowner's Association shall be established for the affordable housing
units. The affordable housing homeowners' association dues shall be a percentage of the
free-mazket residential development's dues equal to the affordable housing's market
value compazed to that of the free-market residential component's market value in the
complex. If the Category 2 units are not sold within six months of Certificate of
Occupancy, the units may be utilized as rental units. At any time said Category 2 units
would be found to be out of compliance from the qualifications as specified in the
Guidelines, the units shall be marketed for resale through the lottery process.
Section 4: Buildin¢ Permit Aaplication
The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution 20, Series 2007, and P&Z
Resolution 28, Series 2006.
a. The conditions of approval printed on the cover page of the building permit set.
b. A completed tap permit for service with the Aspen Consolidated Sanitation District.
Exhibit E, Wienerstube Subdivision
Page 3 of 5
A tree removal permit as required by the City Pazks Department and any approval
from the Pazks Department Director for off-site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new plantings
proposed on the site.
d. A drainage plan, including an erosion control plan and snow storage runoff plan,
prepared by a Colorado licensed civil engineer, which maintains sediment and
debris on-site during and after construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage improvements.
e. A final construction management plan pursuant to the requirements described in
Section 6 of this resolution.
£ A fugitive dust control plan to be reviewed and approved by the Engineering
Department.
g. An excavation/stabilization plan prepazed by a licensed Engineer.
Section 5•
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awazded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, aze
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 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 sepazate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen by a five to
zero (5-0) vote on this 5th day of June, 2007.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
Exhibit E, Wienerstube Subdivision
Page 4 of 5
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Ruth Kruger, Chair
Exhibit E, Wienerstube Subdivision
Page 5 of 5
Subdivision Review
MINUTES- JUNE 5, 2007
PUBLIC HEARING:
WIENERSTUBE REDEVELOPMENT GMQS
Ruth Kruger opened the public hearing on the Wienerstube Redevelopment
GMQS. The notice was provided. Jessica Garrow explained that this project was
originally approved by the Planning & Zoning Commission Resolution #28, 2006
with allotments for lfree-market residential unit, commercial space, 12 affordable
housing units and recommended to City Council to approve multi year for 5 free-
marketresidential units and subdivision. Garrow said that Council requested a
redesign and change in affordable unit categories.
Garrow said the approval before Planning & Zoning was for 5 residential growth
management allotments; these were the same allotments that were originally
requested.
Stan Clauson said that they felt that this was an exceptional project but City
Council did not feel that this qualified for an exceptional project. Clauson said the
affordable housing requirement was more than met. Clauson said this
2
Exhibit F
Wienerstube Subdivision Review
ASPEN PLANNING & ZONING COMMISSION MEETING -
MINUTES- JUNE 5, 2007
4. Kevin Willson, Wienerstube, spoke about the change to the entrance of the
restaurant.
David Guthrie said that the City of Aspen was responsible for enforcement of
parking in the alley.
LJ Erspamer said that he would like to see the alley work; deliveries and snow
issues were to be worked on.
Brian Speck said that the project has come a long way.
John Rowland said that he appreciated what they have done and there was a lot of
movement in the building.
Ruth Kruger stated the process benefited this project; the intent of the redesign was
successful. Kruger said that there were delivery times and snow removal was done
by the City.
There was a representation made for both parties (applicant and Chateau Aspen) to
work together to mitigate the parking in the alley. Erspamer said that he was not
comfortable being involved in third party agreements with Chateau Aspen for
delivery trucks to the Wienerstube.
MOTION: David Guthrie moved to approve Resolution #20, series 2007,
approving f ive (S) free-market Growth Management Allotments from the 2007
Growth Management Year for the Wienerstube redevelopment project with the
criteria being met. John Rowland seconded. Roll call: Speck, yes; Erspamer, yes;
Rowland, yes; Guthrie, yes; Kruger, yes. All in favor, APPROVED 5-0.
Adjourned at~6:05 p.m.
~ O(~.c~ ~
Jackie Lothian, Deputy City Clerk
4
viu d
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Paul W. Menter, Finance
Steve Barwick, City Manager
November 19~n, 2008
November 26`n, 2008
2008 Property Tax Resolution
REQUEST OF COUNCIL: Staff recommends that Council adopt the proposed property tax
resolution, setting property tax mil levy rates for 2008 collections.
PREVIOUS COUNCIL ACTION: City Council reviewed the proposed general property tax
resolution at its meeting on November 12`", and directed staff to develop a revised resolution
providing for a temporary property tax credit against the voter approved mil levy rate of 5.41 per
$1,000 of assessed value. Staff has developed such a resolution for Council consideration that
provides fora 0.481 mil temporary credit for 2008 against the voter approved mil levy rate of
5.41 mils. This resolution provides for collection of 2008 property tax revenues totaling
$6,066,183 as follows:
2008 Properly tax revenues for general government purposes (within the TABOR
collection limit) of $4,681,331.
2008 TABOR excess revenues of $1,384,852. Such revenues can only be used for voter
approved projects as described fully below.
Given current assumptions for property tax growth, a total of $5,054,867 in TABOR excess
property tax revenues over the five yeaz exemption period (2006-2010 collection years) is
projected, providing sufficient revenues to cover initially estimated costs of all voter approved
projects at their fully anticipated scope in 2005 and, spend an additional $850,000 on ADA and
sidewalk improvements in 2009 beyond the original anticipated scope of work -see Att. C).
Staff has added provisions to the attached resolution that provide for Council adoption of the
voter approved 0.65 mil levy rate for the City's storm water program. This mil levy rate was
approved by voters on November 6a', 2007. Due to the date of approval, staff did not have time
to include provisions for adoption of this property tax rate in the previous resolution considered
by Council This resolution provides for adoption of both mil levy rates.
BACKGROUND: City Council is required by Charter to adopt the City's property tax mil levy
rates annually.
DISCUSSION: Attachment B provides an updated TABOR property tax exemption budget that
includes the recommended increases in funding (shown in BOLD) for ADA sidewalk
improvements, reimbursement for Jenny Adair overages, and the increased funding of $200,000
for the new ARC pool. In total, these changes add $1,954,867 in excess property tax revenue for
completion of these voter approved projects. Initial and current project cost estimates can be
summarized as follows:
Pro'ect Descri lion
Initial Cost
Estimate Actual
Cost/Current
Cost Estimate
Increase
1. JennyAdair, Original Recommended
funding amount (project completed):
$650,000
$949,867
$299,867
2. Hybrid Buses (one bus): $600,000 $600,000 0
3. ADAISidewalks* $1,150,000 $2,605,000 $1,455,000
4. ARC Pool Design and Construction 700 000 90S 0.000 200 000
Total: $3,100,000 $5,054,867 $1,954,867
'Note: Represents an increase in scope and change in priorities over initia12005 plan. 2005 plan
estimated to cost $1,755,000 in current ear dollars
Additionally, the storm water property tax levy is proposed at a rate consistent with voter
approval to implement the "Clean River Initiative" in 2008, under the direction of the
Engineering Department. This property tax, along with the previously approved storm water
development fee, provides the funding sources dedicated to this initiative.
FINANCIAL/BUDGET IMPACTS: At the recommended "net" mil levy rate (after application
of the temporary credit), this resolution will provide sufficient revenues to balance the City's
general fund operating budget, and its asset management plan budget. It also provides sufficient
revenues, given current forecasts for 2009 and 2010 collections, to provide for an estimated
$5,054,867 in TABOR excess revenues towazd completion of voter approved projects.
This is $1,9554,867 higher (over the five year TABOR exemption period) than the originally
estimated $3.1 million and serves to provide increased funding for voter approved projects as
noted in the table above, including an increased scope of work for sidewalk and ADA
improvements valued at $850,000 (see Attachment C). This represents a 33% increase in
property tax revenue from 2007 collections, of which 25.4% is required to be expended on voter
approved TABOR exemption projects. The remaining 7.4% represents new construction and
inflationary revenue increases permitted under TABOR.
The following table provides the actual and estimated collection amount for each of the yeazs of
the current voter approved TABOR exemption assuming extension of the proposed credit
through 2010.
Year of
Assessment
ssessed Value
ax Rate
Total Tax
Revenue Tabor Limit
(Prop. Tax Rev.
for General
Govt. Puroosesl
Estimated
Excess Property
Tax Revenue
2005 $824,951,710 $5.410 $4,482,989 $4,099,273 $437,989
2006 $847,109,098 $5.410 $4,582,860 $4,346,640 $236,220
2007 $1,230,669,800 $4.929 $6,088,183 $4,681,331 $1,384,852
2008 $1,324,394,507 $4.929 $6,528,168 $5,041,794 $1,486,375
2009 $1,407,831,361 $4.929 $6,939,443 $5,430,012 1509431
$5,054,887
Should the Council wish to change the 0.481 mil temporary credit for 2008, each $100,000
change in property tax revenue equals a change of 0.081 mils (8.1 cents per each $1,000 of
assessed value) in the amount of the credit.
Additionally, Council can adjust the amount of the credit in future years as part of the 2009
and 2010 budget development process, to calibrate actual collections to a speciftc collection
target.
As noted above, this resolution also provides sufficient revenue for the first year of
implementation of the City's new storm water management program, under the direction of the
City Engineering Department and incorporating enhanced storm water management services
provided primarily by the Streets and Pazks departments. The program also provides for over $15
million in capital improvements over the coming ten to fifteen yeazs that will enhance storm
water management and improve the condition of the Roaring Fork River.
RECOMMENDED ACTION: Staff recommends adoption of the proposed property tax
resolution.
ALTERNATIVES: Council may provide direction to staff to modify the proposed resolution as
Council sees fit, providing that the resolution continues to provide sufficient revenues to balance
the City's budget and provide a reasonable fund balance, as provided by Charter. City Council is
required to adopt a property tax resolution for 2008 by December 15s', 2007 for Pitkin County
Board of County Commissioners for certification.
PROPOSED MOTION: "I move to approve Resolution # ~ of the City of Aspen, adopting the
2008 property tax mil levy rates for general government services and the City's storm water
management program, and setting those rates as provided in the resolution".
CITY MANAGER
ATTACHMENT A: Proposed Property Tax Resolution
ATTACHMENT B: Updated TABOR Funded Capital Project Summary:
ATTACHMENT C: Memo from City Engineer and Asset Manager outlining proposed scope of
work for ADA and Sidewalk improvements.
~.Q~
RESOLUTON NO. ~~
(SERIES OF 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO SETTING THE 2007 MUNICIPAL MIL LEVY RATES AND
CERTIFYING SAME TO THE BOARD OF COUNTY COMMISSIONERS FOR
PITHIN COUNTY.
WHEREAS, the City Manager, designated by Charter to prepare the budget, has
prepazed and submitted to the Mayor and City Council the Annual Budget for the City of
Aspen, Colorado for the fiscal year beginning Januazy 1, 2008 and ending December 31,
2008; and
WHEREAS, the assessed valuation of the taxable property for the yeaz 2007 in
the City of Aspen returned by the County Assessor of Pitkin County on August 25`h
2007, is the sum of $1,230,669,800; and
WHEREAS, THE CITIZENS OF ASPEN in November, 2005, authorized the
City of Aspen to collect, retain, and expend any property tax that is in excess of the limits
of Article X, Section 20, of the Colorado Constitution, for the purpose of purchasing
alternative fuel (e.g. hybrid) bus or busses for use within the City's RFTA routes;
Improving the quality of storm water runoff entering the Roaring Fork River through
construction of the Jenny Adair Wetlands Project, and associated improvements to the
City's storm water runoff retention and sediment removal systems; Design and
construction of a new outdoor swimming pool at the Aspen Recreation Center; and,
Construction of improvements to key elements of the City's sidewalk and trail system
including Americans with Disabilities Act (ADA) improvements; and the amount of such
excess revenue available for these purposes for 2008 is calculated as $1,976,593, and
WHEREAS, said voter approval on November 15`' 2005 established the City's
general government mil levy rate at 5.410 mils upon each dollar of the assessed valuation
on all taxable property within the city for the five yeaz assessment period beginning in
2006 and ending in 2009, and permitting collection of property tax revenues in excess of
the mil levy limitation provided in Article X, Section 20 of the Colorado Constitution for
property tax collection years 2007 through 2010; and
WHEREAS, said mil levy is calculated to produce gross ad valorem tax proceeds
in the amount of $6,889,290 for collection yeaz 2008; based upon the assessed valuation
as determined by the County Assessor, and
WHEREAS, voter approval on November 6~h, 2007 established the City's Storm
water program mil levy rate at an amount not to exceed 0.65 mils upon each dollar of
assessed valuation on all taxable property within the city annually with no date of
expiration, permitting collection of property tax revenues in excess of the mil levy
limitation provided in Article X, Section 20 or the Colorado Constitution for property tax
collection in all future yeazs beginning in 2008; and
WHEREAS, said mil levy rate is calculated to produce gross ad valorem tax
proceeds in the amount of $799,935 for collection year 2008; based upon the assessed
valuation of the City of Aspen as determined by the County Assessor, and
WHEREAS, the assessed valuation of taxable property in Aspen increased
approximately 45% between 2005 and 2007 assessment years, and
WHEREAS, a temporary reduction in property tax collections is desired by the
City Council in order to reduce the tax burden on owners of taxable property within the
City of Aspen while preserving the City's ability to increase property taxes to levels
previously authorized by City of Aspen voters as described above, and
WHEREAS, C.R.S. section 39-1-111.5 authorizes a local government to certify a
refund in the form of a temporary property tax credit or a temporary mil levy rate
reduction, provided that the certification includes the gross mil levy, the temporazy
property tax credit or temporary mil levy rate reduction expressed in mil levy equivalents,
and the net mil levy and under C.R.S. section 39-1-111.5(4), the Assessor shall,
concurrent with delivery of tax warrants to the Treasurer, itemize duly certified
temporary property tax credits or temporary mil levy rate reductions in the manner set
forth in C.R.S. section 39-1-111.5(2), and under C.R.S. section 39-1-111.5(5) the tax
statements shall indicate by footnote which local government mil levies reflect a
temporary property tax credit or temporary mil levy rate reduction for the purpose of
effecting a refund.
SECTION 1
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF ASPEN, Colorado for the purpose of balancing the 2008 budget, and
providing a reasonable closing fund balance for said fiscal year, levies the following
taxes upon each dollaz of the total valuation for assessment of all taxable property within
the City of Aspen or the yeaz 2007; that a temporary mil levy rate reduction is authorized;
and that the individual mil levies are expressed in terms of the gross mil levy, the
temporary mil levy rate reduction shown in mil levy equivalents, and the net mil levy as
shown in Exhibit A:
2007 2007
Assessed Net 2008
Citv of Aspen Property Tax Rates Valuation Mill Levv Propertv Tax
General Properly Tax Mil Levy:
General Fund: $1,230,669,800 1.902 $2,340,666
Asset Management Fund: $1,230,669,800 1.902 $2,340,665
TABOR Exemption Projects:: $1,230,669,800 1.125 1 384 852
TOTAL: General Mil Levy: 4.929 $6,066,183
Stormwater Fund Mil Levy: $1,230,669,800 0.650 799 935
TOTAL 2008 Property Tax: $6,866,118
SECTION 2
The City Clerk is hereby directed to certify and deliver this Resolution to the Board of
County Commissioners for Pitkin County on or before December 15, 2008.
ADOPTED THIS 26`n day of November 2007.
Michael C. Ireland, Mayor
I, KATHRYN KOCH, duly appointed and acting City Clerk of the City of Aspen,
Colorado, do hereby certify that the foregoing is a true and correct copy of the Resolution
adopted by the City Council at its meeting held on November _, 2007, which
Resolution was adopted subsequent to public hearings on the City of Aspen's 2008
Proposed Municipal Budget and prior to the final day established by law for the
certification of the tax levy to Pitkin County, all was required by the Sections 9.8 and 9.9
of the Aspen Home Rule Charter.
Kathryn Koch, City Clerk
Exhibit A
i
---
ITY OF ASPEN
007 V
l
ti
ross Mil I
Lew Rates
Zoos
Temporary
Mil Levy
Rate
Reduction
NET Mil Levy
Rates for
Collection Year
2008
008 Property
Tax Collections
ua
on
a
General Mil Levy Rate: 1,230,669,800 5.410 , -0.481 4.929 $6,066,183
Stormwater Mil Levy Rate: 1,230,669,800 0.650 0.000 0.650 $799,935
-_.
Total 2008 Property Tax Mil Levy Rate and Collections:
- __ _ _-
5.579
$6,866,118
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MEMORANDUM
TO: Mayor and Council
FROM : Tyler A. Christoff, Project Manager, Engineering.
THRU: Bentley Henderson, Assistant City Manager
Tricia Aragon, P.E., City Engineer
DATE OF MEMO: November 1, 2007
MEETING DATE: November 8, 2007
RE: Tabor Fund Pedestrian Improvement Projects
SUMMARY: The Pedestrian Capital improvements program is an ongoing safety enhancement
plan with the goal to develop and maintain safer pedestrian corridors in Aspen. The purpose of
this memo is to give Council an update on the City's Pedestrian Improvement Projects.
DISCUSSION: From to 2005 to 2007 the City has seen a 58% increase in construction costs for
Pedestrian Projects. The attached map delineates major Pedestrian improvements throughout the
City. This map outlines major pedestrian connection priority projects as well as our deficient
ADA ramps.
FINANCIAL IMPLICATIONS:
Pedestrian Improvements
Tabor Funded Forecast in 2007 Dollars
Main Street Sidewalk -Pedestrian Connection
(southern side of Main from 5`h Street to 7`h Street) 600 LF Sidewalk
Project Cost- $500,000
Gibson Avenue Pedestrian Connection
(Maple Lane to Neale Avenue) 124 LF Sidewalk
Project Cost-
$30,000
Curb & Gutter Replacement
(Hopkins Ave from Original Street to 15` Street) 5000 LF Curb & Gutter
Project Cost- $400,000
Lone Pine Road Pedestrian Connection
(Vine Street to Bus Stop) 500 LF Sidewalk
Project Cost- $200,000
W. Hopkins Avenue Pedestrian Connection
(Garmisch St. to S. Third Street) 360 LF Sidewalk
Project Cost- $75,000
Total $1,205,000
Pedestrian Improvements
Unfunded Forecast in 2007 Dollars
Original Street Pedestrian Connection
(E. Cooper Avenue to N. Alley) 120 LF Sidewalk
Project Cost- $35,000
ADA Ramp Improvements
(Various Locations) 120 ADA Ramps
Project Cost- $1,000,000
E. Cooper Avenue Pedestrian Connection
(Lacet Lane to Riverside Drive) 450 LF Sidewalk
Project Cost- $300,000
Hyman Avenue Pedestrian Connection
(half block between 15` and 2°d) 150 LF Sidewalk
Project Cost- $50,000
Park Avenue Pedestrian Connection
(Park Avenue from Cooper to Midland)
Project Cost- $75,000
Total $1,460,000
Pedestrian Improvements
Tabor Funded Forecast in 2005 Dollars
Main Street Sidewalk Pedestrian Connection
(southern side of Main from St" Street to 7`h Street)
Project Cost- 600 LF Sidewalk
Lone Pine Road Pedestrian Connection
(Vine Street to Bus Stop)
Project Cost- 500 LF
$290,000
$100,000
Hyman Avenue Pedestrian Connection
(half block between 15` and 2"a)
Project Cost- 150 LF
$25,000
ADA Ramp Improvements
Project Cost- 120 ADA Ramps
$785,000
Total $1,200,000
ENVIRONMENTAL IMPLICATIONS: This project would provide safe and direct pedestrian
connections throughout the City thus encouraging the use of alternative forms of transportation.
This would in turn reduce GHG emissions, and the overall traffic volume in the City.
CITY MANAGER
Page 1 of 2
Kathryn Koch
From: Mike Maple [mmaple@dunrene.com]
Sent: Tuesday, November 20, 2007 11:49 AM
To: Kathryn Koch
Subject: FW: Adjust Tax Rates
The 11/26/07 City Council Agenda is not yet posted on the web site. Has a packet been distributed to
Council? If not, could you please attach the following email to the Council packet.
From: Mike Maple
Sent: Monday, November 19, 2007 7:59 PM
To: 'Mick Ireland ; 'Dwayne Romero ; 'Steve Skadron ; 'JEDeVilbiss ; 'Stan & Laura Kornasiewicz ; 'Ernie
Fyrwald ; 'Diana Sirko ; 'John Sarpa ; 'pattic@co.pitkin.co.us ; 'rachelrichazds@comcast.net ;
'dfarris@sopris.net ; 'michaelo@co.pitkin.co.us ; 'hatfield@sopris.net ;Lee Schumacher
(schufam@sopris.net); 'worpa@aspenhospital.org ; 'dblankenship@rfra.com ; 'rforrest@tosv.com ;
'worpa@aspenhospital.org'
Cc: Aspen Times (mail@aspentimes.com)
Subject: Adjust Tax Rates
This letter is addressed to all local taxing authorities including Aspen City Council, Pitkin County
Commissioners, Aspen School District, Colorado Mountain College, Town of Snowmass Village, Aspen
Valley Hospital, Aspen Historic District, Aspen Ambulance & Aspen Fire Protection Districts as well as the
citizens of Pitkin County:
On November 12, Aspen City Council chambers were filled to overflowing with citizens interested in
discussing the City's ill-conceived historic preservation policies for late 20th century properties. Much to
their surprise, gathered citizen's witnessed two (2) truly "historic" events -City Councils' consideration of
an incredible 63% increase in property taxes and, afrer heazing considerable citizen comment, City Council
consideration of a temporary ratcheting back of the tax increase to "only" a 45% increase. In total dollar
terms, the proposed 2008 63% City of Aspen property tax increase would be greater than the City property
tax increases experienced over the last 15 years combined! Although I commend City Council for
considering taking less than all of the windfall tax increase created by escalating values, I suggest the City
Council consider adjusting the mill rate to create a property tax increase of "only" 15% (4.28 mills). This
still generous increase would allow adequate funding for the projects currently approved by the taxpayers on
the originally anticipated schedule and budget. Creating big "cushions" for overruns and frontloaded
funding encourages a lack of fiscal discipline.
Over the course of the last 15 years, property taxes in the City of Aspen and Pitkin County have increased
by an average of 6.6% and 7.4% per yeaz based on similar increases in the assessed values. In 2007,
assessed valuations skyrocketed 45% and 41% in Aspen and Pitkin County. The County Assessor reports
11 /20/2007
Page, 2 of 2
that we can anticipate another 20% increase next year. Correspondingly, unless taxing authorities, including
Pitkin County Commissioners, Aspen School District, Colorado Mountain College, Town of Snowmass
Village, Aspen Valley Hospital, Aspen Historic District, and Aspen Ambulance & Aspen Fire Protection
Districts make adjustments in their mill rates, property taxes will increase by a whopping 40 - 45% - in
excess of $25 million -for all of these taxing authorities.
Yes, as a community we have voted to de-Bruce many of our local property taxes to allow taxing authorities
to retain tax revenue in excess of inflation -but that does not entitle taxing authorities to take such a
windfall off the backs of Aspen property owners and businesses. We do not need to accelerate payments on
school bonds, open space bonds, hospital improvements, etc. or bloat budgets.
Please adjust mill rates to limit 2008 property tax increases to 15% - which is still more than two times
the15 year average increase.
Mike Maple
1250 Mountain View Drive
Aspen, CO 81611
Phone: 970.925.9046
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I 1 /20/2007
WII¢
MEMORANDUM
TO:
FROM:
THRU:
DATE OF MEMO:
MEETING DATE:
RE:
Mayor and City Council
Paul W. Menter, Finance
Steve Barwick, City Manager
November 19`h, 2008
November 26th, 2008
2008 Operating and Capital Budget Resolution
REQUEST OF COUNCIL: Staff recommends that Council adopt the proposed budget as
presented.
PREVIOUS COUNCIL ACTION: City Council reviewed the proposed budget through a
series of six work sessions, and opened a public hearing at its regulaz meeting of November 12a',
2007. City staff provided a summary presentation to Council on the budget at that time. City
Council determined it was appropriate to continue the public hearing to the meeting of November
26`h due to uncertainly regazding the final property tax mil levy rate to be adopted by Council to
fund the proposed 2008 budget
BACKGROUND: City Council is required by Charter to adopt the City's budget annually. The
attached memorandum and exhibit provide for recommended appropriation levels for all funds.
DISCUSSION: Please see attached memo, originally provided to Council for its November 12`h
meeting agenda, for a comprehensive discussion regazding the proposed 2008 budget.
FINANCIAL/BUDGET IMPACTS: Please see attached memo for information regazding the
financial impacts of this agenda item.
RECOMMENDED ACTION: Staff recommend adoption of the proposed budget.
ALTERNATIVES: Council may provide direction to staff to modify the proposed budget as
Council sees fit. City Council is required by Charter to adopt a budget for 2008 before the end of
2007 (December 31, 2007) L~
PROPOSED MOTION: "I move to approve resolution # 1 ~ of the City of Aspen, adopting the
2008 Operating and Capital budget".
CITY MANAGER COMMENTS:
ATTACHMENTS:
Memorandum dated November O5, 2007
Proposed 2008 Budget Resolution
Exhibit A to Resolution
t~iTR ~ ~, ~-,~~-1--
THE CITY OF ASPEN
Memorandum
To: City of Aspen Mayor and City Council
Thru: Steve Barwick., City Manager
From: Paul Menter, Director of Finance and Administrative Services
Cc: Agency Heads
Date: November 5, 2007
Meeting Date: November 12, 2007
Re: 2008 Recommended Operating and Capital Budget
Attached please find the recommended 2008 operating and capital budget resolution for
Council consideration. This budget represents recommended appropriations based upon City
Council review of the City Manager's proposed budget at seven separate budget development
work sessions. All proposed budgets are balanced, and all funds have sufficient resources to
meet operating and capital needs through the coming year. This memorandum summarizes
recommended appropriations and provides a detailed listing of specific changes from the
originally proposed budget that have been authorized by Council.
Overview: In summary the proposed budget breaks down as follows:
City of Aspen - 2008 Recommended Budget
v. 2007 Initial Adopted Budget
Description
Operating Budget
Capital Budget
Debt Service Budget
Total Appropriations
Interfund Transfers
Grand Total
2008
20071nitial Recommended
Budget Budctet Variance Chance
$42,324,078 $47,389,360 $5,065,282 12.0%
$19,737,200 $31,316,480 $11,579,280 58.7%
$9.801.307 5 680 310 -$4.120.997 -42.0%
$71,862,585 $84,386,150 $12,523,555 17.4%
$19.315,292 $20.358.760 1 043 468
$91,1
0 $1
5.4%
14.9%
November 18, 2007
Including interfund transfers of $20,358,760, the attached budget resolution proposes total
appropriations of $104,744,910 (See Attachment A).
This total budget amount represents a decrease of $846,620 from the originally proposed
2008 budget of $105,591,514, presented to Council on October 1st. Changes from the
originally proposed budget leading to this reduction aze detailed by fund as follows:
City of Aspen -Changes to 2008 Proposed Budget
Amount of
Fund/Department Chan a Description
Appropriations for new City Employee
Housing Development and Maintenance
Employee Housing Fund: 1,043,890 fund.
Budget for Car Share Program -offset by
Parking and user revenue. Supplemental for Utilities
Transportation: 78,800 and Towing cost increases.
Properly accounting for retired employee
General Fund: -61,280 contribution.
Early Childhood Initiative Properly accounting for Early Child
Fund: -20,903 Initiative overhead payment to Kids First.
Reduction for error in calculating base
Wheeler Fund: -4,900 operating budget.
Reduction in Estimated Cost from original
Employee Health budget due to updated actuarial
Insurance Fund: -10,300 information.
Reduction -Reallocation of planned
capital projects among AMP Plan years
Parks and Open Space: -300,000 resulting in net -$300k reduction in 2008.
Reduction -Roof Replacement Deferred
due to potential renovation and
Yellow Brick/Kids First: -398,000 expansion plans for workforce housing.
Elimination of Use Tax Transfer -Deposit
Directly to Parking and Transportation
Fund. New Transfer to Employee
Housing Fund. Reduction -Parks Capital
Projects. General Fund -Accounting
Change Retired Employee Contribution.
Net Change in Interfund Early Child Care Fund -Properly account
Transfers: -1.173.927 for overhead
TOTAL CHANGE:
November 18, 2007
Council Policy Direction: The October 26, 2008 memorandum entitled "Executive Summary
Recapping Counci12008 Budget Work Sessions to Date" provides a summary of Council
policy direction for 2008. The Council is scheduled to complete a final review of this
memorandum at its Work session scheduled for November 5`h. Upon completion of this
review, staff will update this memorandum and include final policy direction from Council
into the presentation of the 2008 Recommended Budget at the Public Hearing scheduled for
the Regular Council meeting of November 12~', 2007.
Recommendation: Staff recommends approval of the 2008 budget as presented.
City Managers Comments:
RESOLUTION NO.
(SERIES OF 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO ADOPTING THE 2008 MUNICIPAL BUDGET AND
AUTHORIZING APPROPRIATIONS PURSUANT THERE TO
WHEREAS, the City Manager, designated by Charter to prepaze the budget, has
prepazed and submitted to the Mayor and City Council the Annual Budget for the City of
Aspen, Colorado for the fiscal year beginning January 1, 2008 and ending December 31,
2008; and
WHEREAS, in accordance with Section 9.8 of the Home Rule Charter, the
Council shall adopt the budget by Resolution on or before the final day established by
law as December 15~' for certification of the ensuing yeaz's tax levy to the county; and
WHEREAS, Article 9 of the Aspen Home Rule Charter requires the adoption of
an annual budget with the opportunity for the public to participate at a public heazing at
least 15 days prior to the statutory deadline for certification of the ensuing year's tax levy
to the county, it is the intent of the Council by adoption of this budget to follow the
requirements of City Charter; and
WHEREAS, the budget as submitted in Exhibit A sets forth the estimated fiscal
data of appropriated expenditures and estimated revenues for the calendar year of 2008.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
SECTION 1
That the budget for the City of Aspen, Colorado for the fiscal year 2008 as submitted in
attachment hereto as Exhibit "A" and incorporated herein by this reference, be and is
hereby adopted, which option all constituted appropriations of the amounts specified
therein as expenditures amounting to $104,744,910, and the estimated budget revenue
requirements of $105,918,800, both in Exhibit A, is hereby declared to be the amount of
revenue necessary to be raised by the tax levy and income from all other sources not
inclusive of fund balance at the beginning of the yeaz of $37,176,105, for total revenues
of $143,094,905, to pay the expenses and certain indebtedness, and provide a reasonable
fund balance at the close of the fiscal year beginning January 1, 2008 and ending
December 31, 2008.
SECTION 2
That the City Council hereby authorizes and directs the City Manager to enter into such
contracts and execute such documents on behalf of the City as may be necessary and
customary to expend the funds appropriated for all capital acquisitions within its budget,
and that Council fiirther directs the City Manager to inform it of such contracts and
documents promptly at its regularly scheduled Council meetings.
Adopted this 26th day of November 2007.
Michael C. Ireland, Mayor
I, KATHRYN KOCH, duly appointed and acting City Clerk of the City of Aspen,
Colorado, do hereby certify that the foregoing is a true and accurate copy of the
Resolution adopted by the City Council at its meeting held on the 27~' day of December,
2008 which resolution was adopted subsequent to and publication of public meetings on
such proposed budget held on November _, 2007.
Kathryn Koch, City Clerk
xi dA
Total City of Aspen 2008 Recommended Appropriations by Fund
Fund #
Fund Name
Beginning Fund
Balance Total Current
Revenue &
Transfers In Total
Expenditures &
Transfers Out
2008 Ending
Balance
General Government Funds
000 Asset Management Plan $231,547 $5,630,030 $5,390,630 $470,946
001 General Fund $8.530.652 $25.185.870 $25.458.750 $8.257.772
Subtotal General Gov't Funds: $8,782,199 $30,815,900 $30,849,380 $8,728,718
Soecial Revenue Funds
100 Parks and Open Space $1,913,249 $9,354,230 $9,524,200 $1,743,278
120 Wheeler Opera House _
$1,570,556 $5,538,480 _ $3,388,560 $3,720,476
130 Lodging Tax Fund $0 $1,330,360 $1,330,360 $0
140 _
Parking Improvement Fund $618,780 _ $1,877,860 $1,528,640 _ $968,000
150 Housing Development $591,699 $12,244,600 _ $12,307,810 $528,488
151 Early Childhood Educ. Initiative -
AVCF
$25,499
$353,090
$347,950
$30,639
152 Kids First /Yellow Brick $3.983.235 51.976.290 51.780.940 54.178.585
Subtotal, Special Rev. Funds: $8,703,018 $32,674,910 $30,208,460 $11,169,467
Debt Service Funds
250 Debt Service Fund ~ 54.119.480 $4,119,480
_
Subtotal, Debt Service Funds: $0 $4,119,480 $4,779,460 $0
340 Parks Capital Improvement Fund $0 $2,854,380 $2,854,380 $0
Enterprise Funds
421 Water Utility $9,023,256 $6,465,400 $10,065,220 $5,423,436
431 Electric Utility $3,381,367 $6,660,220 $7,418,850 $2,622,737
444 Hydroelectric Facility $620,523 $7,086,130 $4,131,560 $3,575,093
450 Transportation Fund $2,815,066 $5,241,960 $5,106,260 $2,950,765
-
471 Municipal Golf Course $60,082 $1,258,100 $1,241,320 $76,862
491 Truscott Housing $372,544 $1,771,420 _ _ $1,723,820 $420,143
492 Marolt Housing 51.330.010 51.266.180 51.166.480 51.429.709
Subtotal, Enterprise Funds: $17,802,848 $29,749,410 $30,853,510 $16,498,747
501 Health Insurance Fund $900,000 $3,662,430 $3,662,430 $900,000
505 City Employee Housing Fund $0 $1,043,890 $1,043,890 $0
Trust & Agency Funds
-
620 - -
620 Housing Authority -
$912,807 $933,000 _ $1,076,700 $769,107
622 622 Smuggler Mountain Fund 295 234 65 400 76 680 283 954
Subtotal, Trust & Agency Funds: $1,208,041 $998,400 $1,153,380 $1,053,060
1
ALL FUNDS: $37,178,105 $105,918,800 $104,744,910 $38,349,995
Less Interfund Transfers $20,358,760 $20,358,760
EQUALS NET ALL FUNDS
APPROPRIATIONS:
$37,176,105
$85,580,040
$84,388,150
$38,349,995
Vllt~
MEMORANDUM
TO• Mayor and City Council /
FROM: Ben Gagnon, Special Projects Planner ~~"
THRU: Chris Bendon, Director, Community Development
DATE OF MEMO: November 19, 2007
MEETING DATE: November 26, 2007
RE• Continuation of public hearings on application from Aspen
Fire Protection District for Temporary Use Permit, and to
Amend Resolution of Eligibility for Fire Station
Redevelopment COWOP
REQUEST OF COUNCIL: Staff requests that Mayor Ireland open the public hearing for a
Temporary Use Permit for the Aspen Fire Protection District, and open the public heazing to
Amend the Resolution of Eligibility for the Fire Station Redevelopment COWOP. Staff requests
that Council vote to continue both public hearings until Dec. 3, 2007.
BACKGROUND: Staff is requesting that Council continue both public hearings due to the
crowded nature of the November 26 agenda. Both continued items will be placed first on the
December 3 agenda.
Page 1 of 1