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CITY COUNCIL AGENDA March 24, 2007 5:00 P.M. Call to Order II. Roll Call III. Scheduled Public Appearances a) ZGreen Program b) Commuter All Stars 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 #21, 2008 -Golf Course Restaurant Lease b) Resolution #23, 2008 -Contract Marolt Boiler c) Resolution #25, 2008 -Entrance to Aspen Right of Way Amendment d) Resolution #24, 2008 - Lot C Adams Subdivision Annexation e) Resolution #22, 2008 -Concrete Replacement Contract f) Minutes -March 10, 2008 VII. First Reading of Ordinances a) Ordinance #7, 2008 -Code Amendment - ADUs/Non-conforming P.H. 5/12 b) Ordinance #8, 2008 -Code Amendment -Wildlife Protection P.H. 4/14 c) Ordinance #g, 2008 -Extension of S/C/I Moratorium P.H. 4114 d) Ordinance #10, 2008 -Extension of Commercial Mix/Historic Interiors Moratorium P.H. 4/14 VIII. Public Hearings a) Ordinance #5, 2008 -Housing Guidelines b) Ordinance #50, 2007 -Code Amendment -Historic Lot Splits c) Ordinance #4, 2008 -Code Amendment -Service/Commercial/Industrial Zone d) Ordinance #1, 2008 - 434 East Cooper (Bidwell Building) Subdivision IX. Action Items X. Adjournment Next Regular Meeting April 14, 2008 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. via, MEMORANDUM TO: Mayor and City Council FROM: Steve Aitken, Director of Golf THRU: Steve Barwick, City Manager THRU: John Worcester, City Attorney THRU: Jeff Woods, Parks and Recreation Manager DATE: March 14, 2008 RE: Golf Course Restaurant Lease REQUEST OF COUNCIL: Staff is recommending approval of a lease agreement between the City of Aspen and Jamie Ramey and Richard Burbidge, as partners, for the operation of the restaurant at our public golf course. PREVIOUS COUNCIL ACTION: At the Apri122, 2004, City Council Meeting, Council approved the contract with Shlomo Ben Hamoo (Shlomo) for the lease of the restaurant operation for a period of five years. BACKGROUND: Shlomo has retained the lease at the golf course restaurant for the past four seasons, and the operation has been very successful. During his tenure Shlomo was able to create a positive impact by attracting loyal customers from previous restaurant ventures. Staff would like to thank Shlomo for his contribution to the growth and development of the facility. In recent months, however, Shlomo has chosen to move on to more leisurely activities and intends to enter into a contract with the City to terminate his existing lease. DISCUSSION: For the past two years Shlomo empowered and mentored two of his key personnel, Jamie Ramey and Richard Burbidge, to manage the restaurant. These two talented and enthusiastic restaurateurs have improved the restaurant through customer service, hours of operation, and quality of food. City staff requested that they attempt winter restaurant operations to support Nordic customers. This has been very successful and has improved upon the great Nordic experience that Aspen already provides. This past winter customers agreed that the food was great and prices were reasonable. City staff has received several letters from citizens to that effect (see attached letters in support of the restaurant operation). Today the restaurant enjoys a local following of customers, along with Golf and Nordic participants, which has allowed the operation to succeed and meet the needs of the community. A highlight for this coming golf season will be that the restaurant will open for breakfast at 7:00 a.m. To create a new identity and become a part of the community, the restaurant will be renamed "Red Mountain Grille." Staff believes that a key element to the success enjoyed by Ramey and Burbidge is that they are "hands-on" operators of the business, which is essential to creating repeat business and efficiency, especially in this local Aspen setting. By being on site, readily available, and listening to their customers' input, they will continue to be instrumental in the success of this restaurant service. Jamie and Richard have extensive experience in Aspen restaurants and culinary schools, listed below: Jamie Ramey's professional experience: Graduate of Le Cordon Bleu Culinary School Private Catering, M&M Catering Pacifica Restaurant, Line Chef Mezzaluna, Part time Chef The Little Nell, Supervisor/ Cook Shlomo's on the Green, Executive Chef, General Manager Richard Burbidge's professional experience: Tutored under Master Chef Jim Young at the Plymouth, MA, Sheridan Hotel and The Inn for All Seasons Resort Merry Go Round Restaurant at Aspen Highlands, Executive Chef Shlomo's on the Green, Executive Chef, General Manager All previous attempts to attract potential restaurant operators have been very disappointing. During the past two bid processes, very few bids were submitted and the quality of the proposals, with exception of Shlomo's, was unacceptable. Staff believes very strongly that the current partnership of Jamey Ramey and Richard Burbidge, who know the operation and were key to the development of the past success, will continue to improve upon what has already been created. In summary, the important elements of this new lease are: • The operator will provide breakfast, lunch, and afternoon restaurant operations during the golf season from May thru October. Additionally, the operator will provide winter restaurant operations from mid-November to mid-March • The restaurant will change its name to "Red Mountain Grille." • The new lease is for a flat rate of $10,000 per year, for five years. This lease is a fifty percent (50%) reduction from the previous lease agreement. • The operator will pay to the City twenty percent (20%) of all utility expenses at the Clubhouse, including gas, electricity, water, and sewer. • The operator will provide winter restaurant operations from mid-November to mid-Mazch. FINANCIAL IMPLICATIONS: Jamey Ramey and Richard Burbidge, as partners, have agreed upon a lease agreement of five years with an option for an additional five years (see attached lease agreement). Upon execution of the lease, Jamey Ramey and Richard Burbidge agree to pay to the City a flat rate of $10,000 per yeaz and twenty percent (20%) of all Clubhouse utilities for the initial five-year period. RECOMMENDATION: Staff recommends the approval of the contract with Jamey Ramey and Richard Burbidge for the lease of the restaurant operations at the golf course CITY MANAGER COMMENTS: RESOLUTION NO.~ Series of 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE AGREEMENT FOR OPERATION OF THE ASPEN MUNICIPAL GOLF COURSE RESTAURANT FACILITY, BETWEEN THE CITY OF ASPEN AND JAMIE RAMEY AND RICHARD BURBIDGE, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID LEASE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Lease Agreement for services relating to the operation of the Aspen Municipal Golf Course Restaurant Facility, between the City of Aspen and Jamie Ramey and Richard Burbidge, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that Lease Agreement for services relating to the operation of the Aspen Municipal Golf Course Restaurant Facility, between the City of Aspen and Jamie Ramey and Richard Burbidge, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2008. 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 on the day hereinabove stated. Kathryn S. Koch, City Clerk G:Mara\RESOS\Golf Course Restaurant Lease 2008.doc Golf Club Restaurant Lease Page 1 LEASE AGREEMENT ASPEN GOLF CLUB RESTAURANT LEASE 2008-2012 THIS LEASE AGREEMENT is made and entered into this day of 2008 by and between The City of Aspen, 130 South Galena Street, Aspen, Colorado 81611 ("Landlord") and Jamie Ramey, and Richazd Burbidge, Aspen, Colorado 81611 ("Tenant"). WITNESSETH: WHEREAS, Landlord is the lessee of the real property and all of the improvements thereon, known as Aspen Golf Shop and Restaurant Facility, located in Pitkin County, Colorado; and, WHEREAS, Landlord desires to rent the Leased Premises, consisting of approximately 2,043 squaze feet (restaurant bar azea 1,190 square feet, kitchen/prep/storage 853 squaze feet, ) and shared common areas of approximately 780 squaze feet (men's restroom 132 square feet, women's restroom 165 square feet, and lounge foyer 483 square feet) as delineated on Exhibit A attached hereto and incorporated herein and refereed to herein as the "Leased Premises", in accordance with the terms and conditions contained in this Lease Agreement; and, WHEREAS, Landlord represents to Tenant that the zoning applicable to the Leased Premises permits the intended uses of the property as set forth herein; and, WHEREAS, Tenant desires to lease from Landlord the Leased Premises in accordance with the terms and conditions contained in this Lease Agreement. NOW, THEREFORE, for and in consideration of the payments to be made hereunder, and in further consideration of the teens, conditions, covenants and mutual promises contained herein, the parties hereto agree as follows: 1. Lease of Premises. Landlord does hereby rent to Tenant the following described premises, subject to the covenants and conditions hereinafter contained, to wit: (a) That portion of Aspen Golf Shop and Restaurant Facility, Pitkin County, Colorado, delineated and outlined in red on Exhibit A attached hereto and incorporated herein; and (b) City owns I food and beverage cart for use on the golf course. Maintenance of the food and beverage cart will be performed by the restaurant operator. It is agreed that the carts are in working condition. Space to store one beverage cart shall be made available by Landlord in the cart barn located on the Municipal Golf Course. Golf Club Restaurant Lease Page 2 (c) The use of the Municipal Golf Course for the sole purpose of operating a food and beverage cart service as outlined in Section 5, below. for the term, at the rents, and upon the conditions and covenants hereinafter set forth. Except as outlined in Section 2, below, taking possession of the Leased Premises by Tenant shall constitute acknowledgment that such premises are in working condition and Landlord shall not be required to make any alterations thereto, unless agreed to in advance and in writing by the City of Aspen and Landlord. 2. Equipment, Fixtures and Finishes Provided by Landlord and Tenant. Landlord has provided kitchen equipment, indoor furniture, outdoor furniture, one beverage cart, Point of Sale System, and other related equipment for the restaurant operation outlined in Exhibit B. All items of equipment and fixtures set forth at Exhibit B shall be maintained in good working order by Tenant, at Tenant's own cost and expense, and shall be returned to the Landlord upon termination of this Lease Agreement in the same condition as when accepted by Tenant, ordinary wear and tear excepted. If the equipment or fixture is determined to be fully depreciated, Tenant shall neither be required to purchase a new piece of equipment or fixture nor shall Landlord be obligated to replace the fully depreciated equipment. Tenant shall operate the equipment and fixtures in accordance with any operational manuals supplied by the equipment or fixture manufacturer. 3. Term. Unless sooner terminated, as provided herein, the term of this Lease Agreement shall be for a period of approximately five (5) years. The lease term shall commence at 12:00 noon on May 1, 2008, and shall expire at 12:00 noon on October 30, 2013. A Lease Year shall be the period of 12:00 noon on March 15 of one calendar year (or the initial lease period in 2004) through 12:00 noon on March 15 of the following calendar year. Tenant's occupancy of the Leased Premises during this term shall be limited by paragraph 4, below. If Tenant is not in substantial default of the terms of this Agreement Tenant shall have the right to renew this Agreement for an additional period of five years. Substantial default For purposes of this section shall mean and include all instances of a purported default identified by Landlord in writing to Tenant and which has not been cured within a reasonable period of time by Tenant. Renewal discussions to determine the rental rates in accordance with Section 11(b), below, shall commence no later than July 30, 2013, and conclude no later than September 30, 2013. 4. Occupancy of the Leased Premises. Tenant shall be entitled to occupy the Leased Premises throughout the term of the lease; provided, however, that Tenant uses the premises as set forth in Paragraph 5 below, and all other terms and conditions of this Lease Agreement. Tenant and Tenant's employees at the Leased Premises shall be entitled to golf course privileges and cart usage for free, whenever such play is available. The parties agree to meet on the Leased Premises within one week of either party requesting such a meeting to discuss Tenant's performance and any other issues relating to the terms and conditions of this Lease Agreement. Golf Club Restaurant Lease Page 3 5. Permitted Uses and Required Performance Standards. The parties hereto recognize and acknowledge that the construction of the Aspen Golf Shop and Restaurant Facility, including the Leased Premises, by Landlord was done, in part, to create a restaurant facility that caters to the customers and users of the Aspen Municipal Golf Course, tennis facilities, winter nordic skiing trails, and other related recreational facilities at the Municipal Golf Course. Tenant recognizes that a major and important consideration inducing Landlord to rent the Leased Premises to Tenant is the operation of a high quality restaurant and concession business offering food and liquor services to the customers and users of the recreational facilities at the Aspen Municipal Golf Course. Accordingly, Tenant agrees to the following minimum standards of operation and uses of the Leased Premises: (a) Summer golf season -Restaurant Services. Tenant shall operate the restaurant facility seven days a week between May 1 and and the second Sunday in October of each calendar year. The hours of operation of the restaurant facility shall be, at a minimum, between the hours of 7:00 am and 6 pm. Notwithstanding the previous sentence, Tenant shall provide coffee service no later than fifteen (15) minutes prior to the first tee time of each day. Coffee service shall include regular and de-caffeinated coffees, hot water for tee and cocoa, and danishes. Morning food service shall be between the hours of 7:00 am and 11:00 am. Before each summer season, the parties shall meet and agree upon a menu of foods that shall constitute a minimum level of food service offered by Tenant to its customers. Liquor service shall include, at a minimum, at least five brands of beer, three types of wine, and a full service bar of hard liquor. A copy of the 2008 proposed menu is appended hereto as Exhibit C. In addition, before each summer season, the parties shall agree to the contents of a customer survey instrument to be used by the City to determine customer satisfaction of the restaurant facilities. Tenant agrees to take all steps reasonably necessary to achieve a minimum level of service wherein a minimum of 90% of all customers surveyed indicate a satisfaction level of "Good" or better on a scale that includes "Excellent, Good, Poor or Unacceptable" as alternative responses. If level is below 90% leaseholder shall have the opportunity to improve the level of satisfaction through the next survey period. The survey instrument for the 2008 summer season is appended hereto as Exhibit E. Customers shall be permitted to pay for food service either in cash or credit card. All prices charged at the restaurant and vending machines shall be approved by Landlord which approval shall not be unreasonably withheld. Tenant acknowledges that speed of play at a golf course operation is important to Landlord and accordingly, shall endeavor to provide quick food service to golfing customers going from the ninth green to the tenth tee and golfers purchasing goods from the golf cart. During the hours of operation for golfing customers and while on duty, employees of the golf and tennis departments of the Landlord shall receive a 15% discount on all food (but not alcohol) service. (b) Summer golf season -Beverage Cart Services. Tenant shall operate a food and beverage (including liquor service with a minimum of two brands of beer and hard liquor service) cart service for patrons playing golf. This service shall, at a minimum, be Golf Club Restaurant Lease Page 4 available seven days per week between May 1 and September 30 of each calendar year from the hours of 10:00 am to 4:00 pm, inclement weather excepted Director of Golf has authority to adjust this for days when minimal play is expected. The service shall be provided by at least one beverage cart to be provided by Tenant. Tenant may use a second cart in Tenants sole discretion. All prices charged from the food and beverage cart(s) shall be approved by Landlord which approval shall not be unreasonably withheld. Landlord shall ensure that service personnel operating the beverage cart show courtesy and professionalism to the golfing customers and shall wear proper attire at all times. (c) Vending machines. Tenant shall have the exclusive right to place vending machines within the Aspen Municipal Golf Course property. Landlord shall approve the number, type, products sold, and location of each vending machine beforehand. (d) Winter Season Service -Prior to each winter season, but no later than August 30, Tenant and Landlord shall meet to discuss and agree upon the winter food service for the restaurant at a minimum service should commence for the winter season immediately after Thanksgiving and remain in operation until the Second Sunday in March Minimum hours for the winter operation shall be 10 am to 3 Pm Wednesday thru Sunday. Winter food service shall include, at a minimum, soups, sandwiches, }iastsi~s, burgers, and a full array of non alcoholic and alcoholic beverages .Any additional winter food service shall be at the sole discretion of Tenant. (e) Special events -Tenant shall have the exclusive right to all food service on the Aspen Municipal Golf Course. Any groups or outings desiring food service shall negotiate with Tenant for such service. Tenant shall be encouraged by Landlord to work with large groups in pricing for such events. Landlord shall encourage such groups to use the Municipal Golf Course for such special events. Notwithstanding any language to the contrary in this Agreement, the Aspen Jr. Golf group shall have the right to schedule one special outing each year in which a picnic is authorized to take place on the Aspen Jr. Golf driving range and practice area of the Municipal Course. Tenant shall not schedule or serve any special event that is not authorized in advance and in writing by Landlord. Tenant shall agree to cooperate with Landlord to allow Landlord to schedule certain special events on the Aspen Municipal Golf Course. Upon notice from Landlord that such an event is to be scheduled, Tenant agrees to cooperate in providing food service for the event at a reduced cost (no less than 15%) and subject to negotiation between Landlord and Tenant. Notwithstanding any language to the contrary contained herein, Landlord shall have the right to use the area commonly refen•ed to as the "front foyer" for use by the public or private functions approved by Landlord. 6. Prohibited Uses. Tenant will not use, occupy, or permit the Leased Premises or any part thereof to be used or occupied for any unlawful or illegal business, use, or purposes deemed by Landlord to be disreputable, or hazardous, nor in such manner as to constitute a Golf Club Restaurant Lease Page 5 nuisance of any kind, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, State of Colorado, County Pitkin, City of Aspen, or other municipal, governmental, or lawful authority whatsoever. Tenant shall not do or permit anything to be done in or about the Leased Premises or bring or keep anything therein which will in any way increase the rate of fire insurance upon the Building wherein the Premises are situated. Tenant shall, at its sole cost and expense, comply with any and all requirements pertaining to the Leased Premises of any insurance company necessary for the maintenance of reasonable fire and public liability insurance covering the Leased Premises. Tenant shall promptly comply with all laws, ordinances, orders, and regulations affecting the Leased Premises and the cleanliness, safety, and use of the same, including installation of additional facilities as required for the conduct and continuance of Tenant's business on the Leased Premises. No auction for fire or bankruptcy sales may be conducted on the Leased Premises without Landlord's consent 7. Service to Patrons/No Discrimination. The service provided to patrons by Tenant shall be rendered courteously and efficiently. Landlord reserves the right to prohibit the sale of any item that it deems reasonably objectionable, and shall have the right to order the improvement of the quality of either the merchandise or the services rendered. Landlord's right to prohibit the sale of any item shall not be exercised unreasonably. Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin. Tenant and Tenant's employees shall not discriminate against any person because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin by refusing to furnish such person any service or privilege offered to or enjoyed by the general public. Neither Tenant nor Tenant's employees shall publicize the services provided hereunder in any manner that would directly or inferentially reflect on the acceptability of the patrons of any person because of race, religion, color, creed, ancestry, sex, age, sexual orientation or national origin. 8. Employee Uniform. Shall consist of a minimum, golf type shirts with Restaurant Logo or City of Aspen logos and khaki pants or shorts. 9. Entertainment. Live entertainment and the use or playing of televisions, stereo systems, games, and the type and volume of music, shall be approved by Landlord before implementation. Landlord's approval shall not be unreasonably withheld. 10. Parking. Tenant's patrons and employees shall be able to use the public parking lot available for patrons of the Aspen Golf Course. At no time, however, shall Tenant's rights under this Lease extend to parking areas designated for use by the residential tenants of Truscott Place. Golf Club Restaurant Lease Page 6 11. Rent. Tenant agrees to pay Landlord a fixed minimum annual rental for each Lease Year during the term of this Lease Agreement, which initial rent shall be $10000 (ten thousand) per year. This minimum rental is payable in equal monthly installments due on the first day of each calendar month during the term hereof without prior demand. a) In addition, within thirty (30) days after the end of each Lease Year, Tenant shall deliver to Landlord a written statement signed by Tenant or by some other person acceptable to Landlord, setting forth the amount of Tenant's gross sales for the preceding Lease Year. The document signed by tenant shall certify that the gross sales have been computed in accordance with the definition given below, and the statement shall be sufficiently detailed to show it was in fact prepared in accordance with such definition. b) In operating on the Leased Premises, the Tenant agrees to issue a serially-numbered duplicate sales slip, invoice, non-resettable cash register receipt, or other record approved by Landlord, with each sale of any kind, except sales form beverage carts and vending machines. All daily gross receipts attributable to sales from beverage carts shall be recorded on a daily basis through the cash register. All gross sales attributed to vending machines shall be recorded monthly and made available to Landlord. During the term of the Lease, Tenant shall keep accurate records of all his operations. These records shall conform to generally accepted accounting practices, and shall include records of gross sales and of receipts and deliveries of all merchandise. Tenant shall keep all the documents relating to Tenant's operations for at least thirty-six (36) months from the end of the Lease Year to which they apply. If any audit is required, or Tenant and Landlord disagree about the rent, Tenant will keep its records until the audit is completed or the disagreement is settled. c) At any reasonable time, and following 5 business days notice in writing to Tenant, Landlord or Landlord's authorized representative may audit any of Tenant's records of gross sales. If, when Landlord audits the records for a Lease Year based on normal accounting procedures, it finds that the Tenant has understated its gross sales for the Lease Year by one percent (1%) or more, Tenant shall be required to pay for the audit, and shall promptly deliver to Landlord the difference Tenant owes it, plus interest on such difference at the rate of eighteen percent (18%) per annum from the first day of the current Lease Year to the date such difference is paid. If such audit discloses that Tenant has understated his gross sales for that Lease Year by one percent (1%) or more, Landlord shall be permitted to treat such event as a material default hereunder. In this matter, the report of Landlord's accountant shall be binding and conclusive. (d) In the event that Tenant and Landlord determine to extend the term of this lease beyond the initial five year term, Landlord and Tenant agree that the minimum Golf Club Restaurant Lease Page 7 annual rental amount for each Lease Year following the initial five year term shall be increased by a minimum using the Consumer Price Index (CPI) adjustment as set forth in Exhibit D, and no more than 125% of the first Lease Year minimum rental rate, provided that the CPI increase is less than a 125% increase. The parties shall negotiate in good faith the actual minimum rental rate within these two amounts. (e) In addition it is understood that the City owns a considerable amount of equipment that the operator is allowed to use under the duration of this lease. Any equipment that becomes inoperable during this period of time should be repaired or replaced at the Landlords expense. 12. Accountine. In addition to the accounting to be provided to Landlord pursuant to paragraph 11, above, Tenant shall provide Landlord: a) with copies of the quarterly sales and withholding tax statements it provides to the appropriate authorities, with a notation thereon by Tenant's accountants reflecting the portion of the income reflected on those returns that is derived from the gross sales; and, b) statements prepared by Tenant's accountants reflecting the gross sales and sales taxes paid by Tenant for each Occupancy Period. 13. Late Chazees. The Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which shall be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and the late chazges. Accordingly, if any bona fide installment of rent or any other sum due from Tenant hereunder shall not be received by Landlord or Landlord's designee on or before the twentieth (20th) day of each calendar month that a rent payment is due, then Tenant shall pay to Landlord a late charge of ten percent (10%) on such overdue amount. The parties hereby agree that such a late charge will represent a fair and reasonable settlement of the cost that Landlord would incur by reason of the late payment by Tenant. Acceptance of such late charges by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder unless the entire amount due, plus late charge, is accepted by Landlord. In addition, any sum for which the Tenant shall be obligated to the Landlord, which is not received on the due date thereof, shall beaz interest at the rate often percent (10%) per annum from and after the due date until paid. 14. Personal and Real Property Taxes. Tenant shall pay, as additional rent hereunder, all personal property taxes assessed against the personal property used by Tenant and located on the Leased Premises. Likewise, Tenant shall be responsible for any and all sales, use, withholding and other taxes assessed against the Leased Premises for Tenant's business operation therein.. Landlord shall pay any real estate taxes assessed upon the Leased Premises, except for leasehold property interest taxes referenced above. I5. Fire and Casualty Insurance. The Tenant, at its own cost and expense, shall provide and keep in full force for the benefit of the Tenant and the City and the Landlord (as named or additional insureds) during the term hereof or any extension or renewal period, Golf Club Restaurant Lease Page 8 insurance to insure the Leased Premises against fire, normal extended coverage perils, vandalism, malicious mischief, and liability. Such insurance shall provide protection to the extent of at least one hundred percent (100%) of the insurable replacement cost of the building containing the Leased Premises. In connection herewith, it is acknowledged that Landlord, for ease of administration, is carrying such insurance upon the entire Aspen Golf Shop and Restaurant Facility. Accordingly, Tenant shall pay to Landlord Tenant's prorated shaze of the insurance premium Landlord pays to insure the Leased Premises. Tenant's prorated share shall be equal to a sum calculated by dividing 2,243 by the total number of square feet of the Aspen Golf Shop and Restaurant Facility on the Municipal Golf Course and multiplying the resulting dividend by the annual premium paid by Landlord for such insurance. This premium shall be paid to Landlord within ten (10) days of Tenant's receipt of notice of the amount due from Landlord. Throughout the term of this Lease, the Tenant shall carry and maintain in effect casualty insurance covering its trade fixtures, equipment, furnishings, leasehold improvements and plate glass, which insurance shall protect against fire, normal extended coverage perils, vandalism, malicious mischief, and sprinkler malfunction. Such insurance shall provide coverage to the extent of at least one hundred percent (100%) of the insurable replacement cost of the insured property. Both the Landlord and the Tenant waive any right of subrogation that their respective insurers may acquire against either of them. Both of these waivers shall automatically terminate at such time as either party's insurer requires that an additional premium be paid as a consequence of this waiver provision. 16. Liability Insurance. The Tenant, at its own cost and expense, shall provide and keep in full force for the benefit of the Tenant and the Landlord (as named or additional insureds) during the term hereof or any extension or renewal period, general public liability insurance for claims of liability arising out of, occasioned by or resulting from an accident or otherwise in or about the Leased Premises, for Five Hundred Thousand Dollars ($500,000.00) each occurrence with a One Million Dollar ($1,000,000.00) general aggregate combined single limit covering bodily injury, property damage, and personal injury. In addition, if Tenant serves, manufactures, or distributes alcoholic beverages on the Leased Premises, Tenant shall carry liability insurance for such activity with limits in the same amounts as stated above. The policy or policies of insurance (or binders of insurance therefore) shall be issued by a reputable company or companies authorized to do business in this State and shall name Landlord as an additional insured. Tenant shall provide evidence of such insurance coverage to Landlord prior to the commencement of the term hereof. The Tenant also agrees to and shall save, hold and keep harmless and indemnify the Landlord from and against any and all payments, expenses, costs, attorneys' fees and/or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or any subtenants, assignees or successors. If for any reason as a result of Tenant's activities, use, or business, it shall be impossible to obtain fire and other hazard insurance on the buildings and improvements on the Leased Premises, in an amount and with insurance companies acceptable to the Landlord, the Landlord may terminate this Lease and the term hereof, upon giving to Tenant fifteen (15) days notice in writing of the Landlord's intention to do so and upon the expiration of the time provided in said notice, this Lease and the term hereof shall terminate. If by reason of the use of the Leased Premises by the Tenant or by character or manner in which the Tenant's business is carried on, Landlord's Golf Clnb Restaurant Lease Page 9 insurance rates for fire and other hazards shall be increased, the Tenant shall pay, as additional rent, the amounts by which the premiums for such insurance are increased. The Tenant waives all rights of recovery against the Landlord or Landlord's agents, employees or other representatives, for any loss, damages or injury of any nature whatsoever to property or persons for which the Tenant is insured. Each party shall give the other party prompt notice of any claim coming to the knowledge of any party that in any way directly or indirectly affects either party, and both parties shall have the right to participate in the defense of such claim to the extent of its interest. 17. Notice of Cancellation of Insurance Coveraee. The above insurance policies shall contain clauses substantially similaz to the following: (a) Notwithstanding any other provision in this policy, the insurance afforded hereunder to the Landlord shall be primary as to any other insurance or reinsurance covering the Landlord and such other insurance or reinsurance shall not be required to contribute to any liability until the appropriate limit of liability afforded hereunder is exhausted. (b) This policy may not be canceled or changed until forty-five (45) days after receipt by Landlord of a written notice of such cancellation or change in coverage, as endorsed by receipt of a certified letter, unless such cancellation is a result of nonpayment of premium due, in which case, this policy may not be canceled until ten (10) days after receipt by Landlord of a written notice of such cancellation, as endorsed by receipt of a certified letter. 18. Utilities and Maintenance. Tenant shall pay its prorated share (20%) of all chazges for gas, electricity, water, and sewer service; 50% for trash removal, Cleaning responsibility of restrooms on main level to be responsibility of tenant. Tenant shall be responsible for the unisex bathroom located off of the deck azea accessed from the exterior of the building. Tenant's share of any such charges for utilities or maintenance services used by Tenant but paid by Landlord, either because the utilities are not separately metered or because Landlord contracts for the service for the entire improvements shall be as stated above during the months that Tenant is in possession of the Leased Premises. Upon receipt of a statement from Landlord for Tenant's share of such utility or maintenance service charges, Tenant shall pay the same to Landlord within ten (10) days. If any charges are not paid when due, Landlord may pay the same, and any amount so paid by Landlord shall thereupon become due to Landlord from Tenant as additional rent. For those utility charges that are not separately metered and for which the parties have agreed upon apro-rated share, the parties agree to determine a fair shaze and allocate that share between the parties. 19. Alterations. No alterations, additions, or improvements shall be made, and no fixtures shall be installed in or attached to the Leased Premises that are not listed, without the written consent of the Landlord. Unless otherwise provided herein, all such alterations, additions or improvement when made, installed in or attached to the said Leased Premises, shall belong to Golf Club Restaurant Lease Page ]0 and become the property of the Landlord and shall be surrendered with the Leased Premises as part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation, or injury. Notwithstanding that they may have become an integral part of the Leased Premises, Landlord may require Tenant to remove all or any part of such alterations, additions, improvements or fixtures at the expiration or earlier termination of this Lease, restoring the Leased Premises to the same condition existing at the beginning of the original term, ordinary wear and tear excepted. If Landlord does so require, Tenant shall repair all damages resulting from such removal and should Tenant fail to repair damages resulting from such removal, Landlord may remove the same or make such repairs for Tenant's account, and Tenant shall pay to Landlord, on demand, an amount equal to Landlord's costs incurred in such removal or repair. All work with respect to any permitted alterations, additions, or improvements shall be done at Tenant's sole expense in a good and workmanlike manner, strictly in accordance with the plans and specifications approved by Landlord. In doing said work, other Tenants of Landlord (if any) shall not be adversely affected nor unreasonably inconvenienced. Tenant shall, at its own expense, obtain all necessary building or other permits or approvals required by appropriate governmental authorities prior to beginning such work. If any mechanics' or other liens shall be created or filed against the Leased Premises by reason of labor performed or materials furnished for the Tenant in the alteration, addition or repair to any building or improvement, the Tenant shall within ten (10) days thereafter, at the Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any Notices of Intention that may have been filed. Failure to do so shall entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Lease, in addition to such as aze permitted by law. Any goods, inventory or other personal property of Tenant not affixed to the Leased Premises and not removed by Tenant upon the termination of this Lease, or upon any quitting, vacating or abandonment of the Leased Premises by the Tenant, or upon the Tenant's eviction, shall be considered abandoned and Landlord shall have the right, without any notice to the Tenant, to sell or otherwise dispose of the same, at the expense of the Tenant, and shall not be accountable to the Tenant for any part of the proceeds of such sale, if any. 20. Repairs. The Tenant has examined the Leased Premises and has entered into this Lease without any representation on the part of the Landlord as to the condition thereof, other than as stated in this Lease Agreement. Tenant shall take good care of the Leased Premises and shall, at the Tenant's own cost and expense, make all repairs, including painting and decorating, and shall maintain the Leased Premises in good condition and state of repair, and at the end or other expiration of the term hereof, shall deliver up the Leased Premises in good order and condition, weaz and tear from reasonable use thereof, and damage by the elements not resulting from the neglect or fault of the Tenant, excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways, yards, entrances, hallways and stairs, but shall keep and maintain the same in a clean condition, free from debris, trash, refuse.. In case of destruction of, or any damage to the glass in the Leased Premises, or the destruction of, or damage of any kind whatsoever to the Leased Premises, caused by the carelessness, negligence or improper conduct on the part of the Tenant or the Tenant's agents, employees, guests, licenses, invitees, subtenants, assignees or successors, the Tenant shall repair the said damage or replace or restore any Golf Club Restaurant Lease Page 11 destroyed parts of the Leased Premises, as speedily as possible, at the Tenant's own cost and expense. 21. Damage to Premises. If the Leased Premises shall be so damaged by fire or other casualty (which is not caused by the fault or negligence of the Tenant or imputable to the Tenant) as to render said Leased Premises untenantable, the Tenant thereupon shall surrender the Leased Premises to the Landlord. The Tenant shall pay rent, duly apportioned, up to the time of such termination of this Lease. Notwithstanding the foregoing, in lieu of any termination of the Lease, Landlord may elect, at its sole option, within thirty (30) days after the event of such damage, to continue the Lease without regard of such damage, whereupon Landlord shall at its expense make the Leased Premises fit for occupancy and the rent shall be abated only for the period during which the Tenant shall be deprived of the use of said Leased Premises by reason of such damage and the repair thereof. If said Leased Premises, without the fault of the Tenant, shall be slightly damaged by fire or other casualty but not so as to render the same untenantable for any substantial period of time, the Landlord, after receiving notice in writing of the occurrence of the injury, shall cause the same to be repaired with reasonable promptness; and in such event, rent shall be proportionately abated, according to the loss of use, until the Leased Premises are substantially restored. 22. Sublease/Assi ngnment. Tenant shall not assign, sublease, mortgage, pledge or otherwise hypothecate or transfer all or any part of Tenant's leasehold estate hereunder, or permit the Leased Premises or any portion thereof to be occupied by anyone without Landlord's prior written consent in each instance, which consent shall not unreasonably be withheld. In the event Tenant is a corporation, these provisions shall apply to any transfer, sale or other disposition, whether voluntary or involuntary, of any stock in Tenant or to any merger, consolidation or dissolution or any other transaction, the effect of which would be in any way to avoid or circumvent such prohibitions. Any assignment or subletting contrary to the provisions of this Paragraph shall be void and shall, at the option of the Landlord, constitute a default under the terms of this Lease. 23. Maintenance and Repairs. Tenant shall during the term of this Lease keep in condition and repair equal to that which existed at the commencement of this lease the Leased Premises and every part thereof, including without limiting the generality of the Foregoing, all plumbirig fixtures, within the Leased Premises, refrigeration, electrical fixtures and lighting fixtures, additional fixtures, interior walls, wall coverings and paint, ceilings, floors and floor coverings, windows, doors, plate glass, awnings, and entrances. Landlord shall have responsibility for the repair and maintenance of the building structure, roof, foundation and structural integrity of any additional stories above the Leased Premises, and shall, at its expense provide major repairs and required replacement to mechanical systems situated within the Leased Premises that were originally provided by the Landlord. Major repairs and replacements are agreed to be those which cost more than $500.00 for each single item, and are of what the Landlord provided initially when construction was completed on the new facility, (other additions that need repair which were completed by lease holder will be undertaken by the lease holder at the lease holders sole cost and expense) and are required to provide the level of service Golf Club Restaurant Lease Page 12 and serviceability thereof and there from currently existing. Absent such agreement, Landlord shall have no obligation to execute such repair or replacement, but in the event Landlord determines to effectuate such repair or replacement, Landlord shall have the sole discretion to determine the type, extent and quality of repair or replacement that shall be undertaken. 24. Si ns. The Tenant shall not place nor allow to be placed any signs of any kind whatsoever, upon, in or about the said Leased Premises or any part thereof, except of a design and structure and in or at such places as may be indicated and consented to by the Landlord in writing. In case the Landlord or the Landlord's agents, employees or representatives shall deem it necessary to remove any such signs in order to paint or make any repairs, alterations or improvements in or upon the Leased Premises, they shall be replaced at the Landlord's expense when the said repairs, alterations or improvements shall have been completed. Any signs permitted by the Landlord shall at all times conform with all municipal ordinances or other laws and regulations applicable thereto. Exhibit appended hereto is a list of signs and locations showing the general location of all signage p rmitted to be located by Tenant. 25. Compliance with Law. Tenant shall obtain and pay for all permits or licenses that may be required for the operation of the Leased Premises in accordance herewith. A copy of such permits or licenses shall be submitted to Landlord for verification of this requirement prior to occupancy. The Tenant shall promptly comply with all laws, ordinances, rules, regulations, requirements, and directives of the federal, state, and municipal governments or public authorities and of all their departments, bureaus and subdivisions, applicable to and affecting the said Leased Premises, their use and occupancy, and shall promptly comply with all orders, regulations, requirements and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Leased Premises and its contents, for the prevention of fire or other casualty, damage or injury, all at Tenant's own cost and expense. Tenant shall obtain and maintain during the life of this Lease, worker's compensation insurance and employer's liability insurance for Tenant's employees in strict compliance with state laws. Certificates evidencing such insurance or approved self-insurance shall be submitted to Landlord prior to occupancy. Tenant shall not use the Leased Premises for any purposes deemed unlawful, disreputable, or extra hazardous. 26. Quiet Enjoyment. So long as the Tenant is not in default hereunder during the term hereof or any renewal or extension hereof, the Landlord covenants that the Tenant shall peacefully and quietly occupy and enjoy the Leased Premises subject to the terms hereof. The Landlord warrants that it has full power and authority to execute this Lease, be bound by, and perform all its obligations hereunder. 27. Condemnation. If the land and the Leased Premises leased herein, or of which the Leased Premises are a part, or any portion hereof, shall be taken under eminent domain or condemnation proceedings, or if suit or other action shall be instituted for the taking or condemnation thereof, or if in lieu of any formal condemnation proceedings or actions, if any, the Landlord shall grant an option to purchase and/or shall sell and convey the said Leased Premises, Golf Club Restaurant Lease Page 13 or any portion thereof, to the governmental or other public authority, agency, body or public utility seeking to take said land and Leased Premises or any portion thereof, then this Lease, at the option of Landlord, shall terminate and the term hereof shall end as of such date as the Landlord shall fix by notice in writing; and the Tenant shall have no claim or right to claim or be entitled to any portion of any amount which may be awarded as damages or paid as the result of such condemnation proceedings or paid as the purchase price for such option, sale or conveyance in lieu of formal condemnation proceedings; and all rights of the Tenant to damages, if any, are hereby assigned to the Landlord. The Tenant agrees to execute and deliver any instruments, at the expense of the Landlord, as may be deemed necessary or required to expedite any condemnation proceedings or to effectuate a proper transfer of title to such governmental or other public authority, agency, body, or public utility seeking to take or acquire the said lands and Leased Premises or any portion thereof. The Tenant covenants and agrees to vacate said Leased Premises, remove all the Tenant's personal property there from and deliver up peaceable possession thereof to the Landlord or to such other party designated by the Landlord in the aforementioned notice. Failure by the Tenant to comply with any provisions in this clause shall subject the Tenant to such costs, expenses, damages and losses as the Landlord may incur by reason of the Tenant's breach hereof. 28. Landlord's Lien. Tenant hereby grants to Landlord a security interest in any and all of Tenant's furniture, fixtures, equipment and inventory whenever acquired, their proceeds and the proceeds of any and all insurance policies carried thereon as and for additional security for the faithful performance by Tenant of all of its obligations hereunder. Tenant agrees to execute and deliver to Landlord, upon request, such additional documents as Landlord may require to establish and perfect such security interest including, without limitation, a financing statement in form satisfactory to Landlord, which is to be executed and delivered by Tenant to Landlord. The exercise by Landlord of any rights in and to such furniture, fixtures, equipment and inventory upon default hereunder shall be governed by Article 9 of the Colorado Uniform Commercial Code, as in effect at the time of such default, but such exercise shall not preclude Landlord from exercising any or all other rights and remedies hereunder or as provided by law. 29. Insyection and Reyair. The Tenant agrees that the Landlord and the Landlord's agents, employees or other representatives, shall have the right to enter into and upon the Leased Premises or any part thereof, at all reasonable hours and upon reasonable notice, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. Nothing in this section is intended to restrict access to the premises by an authorized City of Aspen inspector conducted pursuant to law, including, but not limited to Environmental Health employees conducting routine health inspections. This clause shall not be deemed to be a covenant by the Landlord nor be construed to create an obligation on the part of the Landlord to make such inspection or repairs. Tenant expressly waives and releases• any claim, demand, or cause of action it might have by reason of any inconvenience, annoyance to Tenant, its guests, licensees or invitees arising from any maintenance, alteration or repair to any portion of the Leased Premises, the building in which it is located or the property upon which it is situate. Tenant grants to Landlord the right to temporarily discontinue utilities Golf Club Restaurant Lease Page 14 or any of them at any such time or times as may be necessary by reason of any such maintenance work, alteration or repair. 30. Landlord Remodel of Premises. In the event Landlord desires to remodel any portion bf the Leased Premises during the term of this lease agreement, it may do so, provided it is solely at Landlord's expense and, provided further, that any remodel work commenced by Landlord shall not interfere with or disrupt Tenant's business within the Leased Premises. In the event landlord desires renovation to the golf course or clubhouse the tenant and landlord will agree to meet prior to construction to discuss possible reduction in rent. 31. Default. If there should occur any default on the part of the Tenant in the performance of any conditions or covenants herein contained or if, during the term hereof, the Leased Premises or any part thereof shall be or become abandoned or deserted, vacated or vacant, or should the Tenant be evicted by summary proceedings or otherwise, the Landlord, in addition to any other remedies herein contained or as may be permitted by law, may either by force or otherwise, without being liable for prosecution therefore or for damages, re-enter the said Leased Premises and again possess the same with or without terminating this Lease; and as agent for the Tenant or otherwise, re-let the Leased Premises and receive the rents therefore and apply the same, first to the payment of such expenses and costs, as the Landlord may have been put in re- entering and repossessing the same and in making such repairs and alterations, as may be necessary; and second to the payment of the rents due hereunder. Whether or not the Landlord shall terminate this Lease, the Tenant shall remain liable for such rents as may be in arrears and also the rents as may accrue subsequent to the re-entry by the Landlord, to the extent of the difference between the rents reserved hereunder and the rents, if any, received by the Landlord during the remainder of the unexpired term hereof, after deducting the aforementioned expenses, fees, and costs; the same to be paid as such deficiencies arise and are ascertained each month. In addition, upon any such default, or if Tenant be adjudicated a bankrupt, insolvent or placed in receivership, or should proceedings be instituted by or against the Tenant for bankruptcy, insolvency, receivership, agreement of composition or assignment for the benefit of creditors, or if this Lease or the estate of the Tenant hereunder shall be transferred by virtue of any court proceedings, writ of execution or levy sale, the Landlord may, if the Landlord so elects, at any time thereafter, terminate this Lease, upon written notice to Tenant or to any trustee, receiver, or other person in charge of or acting as custodian of the assets or property of the Tenant. In the event of default, except in the payment of rent or additional rent hereunder, Landlord, prior to the exercise of any of its rights or remedies hereunder, shall give Tenant notice of such default together with a ten (10) day right to cure should such default be in the payment of any other sums due Landlord hereunder or a twenty (20) day right to cure should such default be in any of the other conditions or covenants of this Lease to be performed by Tenant, unless the same by its or their nature require immediate or earlier attention. Upon the giving of such notice, this Lease and the term hereof shall, unless the default shall be cured during the applicable period, end on the date fixed in such notice as if the said date were originally fixed in this Lease for the expiration hereof; and the Landlord shall have the right to remove all persons, goods, fixtures and chattels therefrom, by force or otherwise, without liability for damages. No right of redemption shall be Golf Club Restaurant Lease Page 15 exercised under any present or future law of the State of Colorado in case the Tenant shall be dispossessed for any cause or if the Landlord shall, in any other manner, obtain possession of the Leased Premises in consequence of the violation of any of the covenants and agreements of the Tenant. The Landlord shall have a lien paramount to all others on every right and interest of the Tenant in and to this Lease, and on any furnishings, equipment, fixtures, or other personal property of any kind belonging to the Tenant, or the equity of the Tenant therein, on the leased property. Such lien is granted for the purpose of securing the payment of rents, taxes, assessments, insurance charges, liens, penalties and damages herein covenanted to be paid by the Tenant and for the purpose of securing the performance of all of the Tenant's obligations under this Lease. Such lien shall be in addition to all rights of the Landlord given under statutes of this State, which are now or shall hereinafter be in effect. 32. Attorneys' Fees. In the event of any litigation or other action or proceeding between the parties hereto arising out of the perfonnance or non-performance of this Lease, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorneys' fees and costs incurred. 33. Delays. Whenever a period of time is provided in this Lease for either Landlord or Tenant to do or perform any act or thing, neither Landlord nor Tenant shall be liable or responsible for performing any obligation hereunder as a result of any unavoidable delay due to strikes, lockouts, casualties, acts of God, or other governmental regulations or control or other causes beyond such party's reasonable control, and the time for performance specified herein shall be extended for a period of time corresponding to such delay. 34. Mortgage Priority. This Lease shall not be a lien against the Leased Premises with respect to any mortgages or trust deeds now or hereafter placed upon the Leased Premises or the building. The recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien to this Lease, irrespective of the date of recording and the Tenant agrees to execute any instruments, without costs, which may be deemed necessary or desirable, to further effect the subordination of this Lease to any such mortgage or mortgages. Tenant shall, upon request, execute any estoppel certificates or attonunent agreements that may be required by the holder of any mortgage or trust deed now or hereafter placed upon the Leased Premises or the building or by the Owner of the building in which the Leased Premises are located. A refusal by the Tenant to execute any such instruments shall entitle the Landlord to at once terminate this Lease. Tenant agrees not to record or file this Lease in the real estate records affecting the building in which the Leased Premises is located. Any such recording in violation hereof shall be considered a slander of Landlord's title and a breach of this entire Lease. This covenant shall survive the expiration or earlier termination of this Lease. 35. Holding Over. This Lease shall expire of its own accord without notice at the end of the term or earlier, as herein specified. If, after the expiration of this Lease, Tenant remains in possession of the Leased Premises with the Landlord's consent, such holding over shall be a Golf Club Restaurant Lease Page 16 tenancy-at-will at a rental equal to 125% of the last monthly rental provided in this Lease, and otherwise subject to all the obligations and conditions of this Lease. 36. Cumulative Remedies. The various rights, remedies, options and elections of the Landlord expressed herein are cumulative and the failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this Lease or to exercise any election.or option or to resort or have recourse to any remedy herein conferred or the acceptance by the Landlord of any installment of rent after any breach by the Tenant, in any one or more instances, shall not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord of any such conditions and covenants, options, elections or remedies, but the same shall continue in full force and effect. 37. Cleanliness; Waste and Nuisance. Tenant shall keep the Leased Premises at all times in a neat, clean and sanitary condition, shall neither commit nor permit any waste or nuisance thereon, and shall keep the walks adjacent thereto free from waste and debris, which shall not be the responsibility of the Landlord to remove. Tenant shall store all trash in the containers provided for that purpose. 38. Brokers. Each party represents to the other that it has had no dealings with any real estate broker or agent in connection with the negotiation of this Lease. 39. Waiver. No waiver by Landlord or Tenant of any provision of this Lease shall be effective unless in writing nor shall such waiver be deemed a waiver of any other provision hereof, nor of any subsequent breach by Tenant of the same or of any other provision. 40. Surrender of Premises. At the end of the lease period of possession of the Leased Premises by Tenant, as well as at the termination of this Lease, Tenant shall surrender the Leased Premises to Landlord in good condition and repair, excepting for reasonable wear and tear and acts of God. Tenant shall have the right at the end of the term hereof to, and upon demand by Landlord Tenant shall, remove any equipment, furniture, trade fixtures not affixed to the realty, and other personal property placed in the Leased Premises by Tenant and Tenant shall promptly repair any damage to the Leased Premises caused by such removal. 41. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Colorado. In the event of any litigation arising out of this Lease, jurisdiction and venue shall rest with any court of competent jurisdiction in Pitkin County. 42. Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which the time of performance is a factor. 43. Severability. The terms, conditions, covenants, and provisions of this Lease shall be deemed to be severable. If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable Golf Club Restaurant Lease Page 17 law, it shall not affect the validity of any other clause or provision herein, but such other clauses or provisions shall remain in full force and effect. 44. Notices. All notices required under the terms of this Lease shall be given in person or by mailing such notices by certified or registered mail, return receipt requested, to the address of the party as shown at the beginning of this Lease, or to such other address as may be designated in writing, which notice of change of address shall be given in the same manner. If not sooner received, any notice given by mail shall conclusively be deemed received three (3) days after the date of certification or registration. 45. Entire Lease. This Lease contains the entire contract between the parties and there are no other agreements, understandings, representations, or warranties except as expressly set forth herein. No additions, changes or modifications, renewals or extensions hereof shall be binding unless reduced to writing and signed by the Landlord and Tenant. To the extent possible, this Lease shall be construed vis-a-vis the Landlord and Tenant without reference to the Master Lease. However, in the event the rights of Landlord and Tenant hereunder are directly affected by and in conflict with provisions of the Master Lease, such that to adhere to the terms of this Lease would result in a default by Landlord under the Master Lease, the Master Lease provision shall control. 46. References. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within Lease may require. 47. Tenant is an Independent Contractor. This Lease is not a contract of employment. No relationship of employer and employee, joint venture or partnership, exists between Landlord and Tenant or between the Landlord and any employee or agent of the Landlord. Tenant shall at all times be deemed to be an independent contractor. Tenant is not authorized to bind Landlord to any agreements or obligations. The term Landlord when used in this Lease shall mean and include the Executive Director of the Landlord and any other agent or employee of the Landlord designated by the Director with the responsibility of enforcing any of the terms of this Lease. 48. Bindin Eg ffect. All the terms, covenants, and conditions herein contained shall be for and shall inure to the benefit of and shall bind the respective parties hereto, and their heirs, executors, administrators, personal or legal representatives, successors and assigns respectively. 49. Guaran In the event Tenant hereunder is a corporation, this Lease and the performance of all the payments, obligations, conditions and covenants contained herein shall be personally guaranteed by the shareholders of Tenant by execution of a guazanty of lease in a form substantially conforming to Exhibit H. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year above first written. Golf Club Restaurant Lease Page 18 TENANT: Jamie Ramey ~~ Jamie Ramey hard Burbidge i ~ Richard Burb ge LANDLORD: THE CITY OF ASPEN APPROVED AS TO FORM: APPROVED AS TO CONTENT: John P. Worcester, Esq., Attorney to the City of Aspen Steve Barwick City Manager Golf Department Golf Club Restaurant Lease Page 19 List of Exhibits Auaended to Lease Agreement A -Description of Leased Premises B -Inventory of Equipment and Fixtures to be Provided by Landlord. C -Proposed Menu D -Calculation of Cost of Living Increases. E -Sample Survey Instrument for Customer Satisfaction F - Signage G -Personal Guarantee Golf Club Restaurant Lease Page 20 EXHIBIT D COST OF LIVING INCREASE CALCULATION a) "Price Index" shall mean the Consumer Price Index - All Urban Consumers (CPI-U) - U.S. City Average -All Items, or a successor or substitute index published or authorized by the United States Department of Labor, Bureau of Labor Statistics. b) The following formula shall be used for determining the adjustment, if any, in the fixed minimum annual rent: "Price Index" for the first month Current Index Number = of next Lease Year Base Index Number "Price Index for first month of of preceding Lease Year c) As promptly as practicable after the commencement of the first adjustment year, and thereafter as promptly as practicable after the first day of each succeeding adjustment year, Landlord shall compute the increase, if any, in the cost of living for the year immediately preceding said adjustment year. Such computation shall be made by use of current and base index numbers provided for each adjustment year as set forth in Paragraph c) above. d) In computing increases for each adjustment year the current index number shall be divided by the base index number. From the quotient thereof, there shall be subtracted the integer 1 and any resulting positive number shall be deemed to be the percentage of increase of cost of living. e) The percentage of increase in the cost of living shall be multiplied by the minimum annual rental including increases for the year preceding the adjustment year for which the increase is being computed. f) The Landlord shall, within a reasonable time after obtaining the appropriate data necessary for computing such increases, give the Tenant notice of any increase so determined, and the Landlord's computation thereof shall be conclusive and binding but shall not preclude any adjustment of the index figures upon which the computation was based and Tenant shall, within sixty (60) days after receiving such notice, notify Landlord of any claimed error therein; provided, however, nothing herein shall be construed to extend the time when rents, as determined by Landlord, are due and payable by Tenant. g) Minimum annual rent for each adjustment year, together with increases calculated in accordance with Paragraphs b) through f) of this Section 11, shall be due and payable to Landlord in equal monthly installments due on the first day of each calendar month of Golf Club Restaurant Lease Page 21 each adjustment year (retroactive payments then due being payable within thirty (30) days after giving notice thereof by Landlord to Tenant). h) If publication of the pertinent Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept comparable statistics on the cost of living for the average of all U.S. cities, all items, as the same shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority then to be selected by the parties hereto. In the event of (1) use of comparable statistics in place of the Consumer Price Index as above mentioned, or (2) publication of the Index figures at other than bi-monthly intervals, there shall be made in the method of computation above provided revisions as the circumstances may require to carry out the intent of this Article. Golf Club Restaurant Lease Page 22 Exhibit G GUARANTY OF LEASE FOR VALUE RECEIVED, and in consideration for, and as an inducement to the aforesaid Landlord to make the foregoing Lease with , as Tenant, the undersigned unconditionally guarantees the full performance and observance of all the covenants, conditions, and agreements therein provided to be performed and observed by Tenant, and expressly agrees that the validity of this agreement and the obligations of the guarantors hereunder shall in no wise be terminated, affected or impaired by reason of the assertion by Landlord against Tenant of any of the rights or remedies reserved to Landlord pursuant to the provisions of the within Lease or by the relief of Tenant from any of Tenant's obligations under the Lease by operation of law or otherwise (including, but without limitation, the rejection of the Lease in connection with proceedings under the bankruptcy laws now or hereafter enacted); the undersigned hereby waiving all suretyship defenses. The undersigned further covenants and agrees that this guaranty shall remain and continue in full force and effect as to any renewal, modification, or extension of this Lease, whether or not the undersigned shall have received any notice of or consented to such renewal, modification or extension. The undersigned further agrees that his liability under this guaranty shall be primary, and that in any right of action which shall accrue to landlord under the Lease, landlord may, at Landlord's option, proceed against the undersigned and Tenant, jointly or severally, and may proceed against the undersigned without having commenced any action against or having obtained any judgment against Tenant. The undersigned further represents to Landlord as an inducement for Landlord to make the Lease, that the undersigned owns 100% all of the entire outstanding capital stock of Tenant. It is agreed that the failure of Landlord to insist in any one or more instances upon a strict performance or observance of any of the terms, provisions or covenants of the foregoing Lease or to exercise any right therein contained shall not be construed or deemed to be a waiver or relinquishment for the future of such term, provision, covenant or right, but the same shall continue and remain in full force and effect. Receipt by Landlord of rent with knowledge of the breach of any provision of the foregoing Lease shall not be deemed a waiver of such breach. Except as may be otherwise specifically provided in the Lease subletting, assignment, or other transfer of the within Lease, or any interest therein, shall not operate to extinguish or diminish the liability of the undersigned guarantors under this guaranty; and wherever reference is made to the liability of Tenant named in the within Lease, such reference shall be deemed likewise to refer to the undersigned guarantors. It is further agreed that all of the terms and provisions hereof shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of Landlord, and shall be binding upon the heirs and assigns of the undersigned. Golf Club Restaurant Lease Page 23 IN WITNESS WHEREOF, the undersigned guarantor has caused this guaranty to be executed effective as of the ~ day of ~~lgA~c~ , 2008. Address: ~_ ~~ ,~ ~ ~ I~~ h k<< ~.~ 't FI~I (m S(~7~ JPW-saved: 3/14/2008-10585-G:\john\word\agr\2008 Restaurant Lease.doc ., Chuck Torinus 626 N. Bridge Drive, Carbondale, CO 81623 970-963-1219 /cell: 970-309-2508 / chucktorinus@hotmail.com March 13, 2008 Steve Aitken Director of Golf Aspen Golf Club 130 S. Galena St. Aspen, CO 81611 Steve: Recognizing it is imminent that we could potentially have a change occur with the management/lease signatory of the restaurant operation at AGC, I just wanted to send you a timely note. My observation over the past two years is a significantly improved operation overall at the restaurant. That is definitely attributable to the management of Jamie Ramey and Rich Burbidge. Even though they were under Schlomo in terms of their position, they made it a point to operate "outside the box" so to speak and extended themselves above and beyond to make the customer experience a good one in thart operation. In their day to day program and in special circumstances working with various groups, I have personally experienced very good service and heard from others nothing but positive comments. So this is statement of support for those two gentlemen and how they have conducted themselves very well at Schlomo's. Sincerely, Chuck T. Chairman, Aspen Golf Club Advisory Board Y Aspen Cross Country Center 39551 Highway 82 Aspen, CO 81611 (970)925-2145 axcc@utemountaineer.com 12 March 2008 Dear Mr. Aitken, I am writing to you to tell you how satisfied I have been with Shlomo's Restaurant this winter season. As a member of the Aspen community, a frequent user of the Aspen Cross Country Center and the Aspen/Snowmass Nordic trail system, and an employee of the Aspen Cross Country Center, I can attest that having Shlomo's restaurant at the golf clubhouse is much appreciated and a great benefit to XC skiers and the general public alike. From the perspective of a restaurant customer, the food has been excellent with good variety, freshness, quality and value. The service has been timely with friendly wazt staff. As the manager of the XC center, it has been a pleasure to work beside Jamey and his staff this im~nter. They have maintained a clean facility with good hours of operation. Thank you for any support you can give to the Restaurant. Sincerely, J.~~ ~ ~'~- __ Timothy W. Clement Manager, Aspen Cross Country Center '+~larch 12, rGbg Lear Sieve, This is a quick note in snort of Shlomo's Restaurant. "Ihe food has i~en gre i :_aaa iz,- •: -•,re has been rxceptionai. l'he Restaurant is an amenity that should be chcrisha~ by - ° ...:: ~ .. area. . `s`hank you to 7amay and his staff for their hard work, as well as Co you tnr conti~~s.iir:1. ?v ~un;x,r, the Res•Cnman~. ~,. ~ ~ ~£ F ~ ~_i~...~~va ~ 1 `.' .j}°~t ~.. ..f1="_'3.1~ . t,K~~ .~ -....._1~1(11~Y its CA~,...# ti_ _.. __ _ _. MEMORANDUM TO: Mayor and Council FROM : John Mickles, Mazolt Ranch Manager THRU: Tom McCabe, Housing Department Duector DATE OF MEMO: 4 Mazch 2008 MEETING DATE: 26 Mazch 2008 RE: Request City Council approval for expenditure from the Mazolt Ranch Capital Reserve fund to for the replacement of the #500 building boiler room at Mazolt Ranch employee housing. SUMMARY: The Mazolt Ranch seasonal housing complex was built in 1989 and was occupied in the fall of 1990. The existing boilers have been in continuous service since that time. During this period of time the boilers have performed adequately with very few systematic problems. However, with the rising cost of natural gas it is very desirable to reduce the operating costs with new higher efficiency boilers and electronic controls. The housing office is requesting that City Council approve the contractual bid submitted by Aspen Plumbing and Heating Company to replace the existing mechanical and control components in the #500 building boiler room. PREVIOUS COUNCIL ACTION: In 2005 City Council approved the expenditure of $110,000 from the Mazolt Ranch capital reserve account for the removal and replacement of two boiler rooms. The work was not completed in 2005 and the funds were carried over into 2006. The #800 building boiler room was refitted in September of 2006 at a cost of $74,057.40. Building #200 and #300 were completed in May of 2007. The total cost of two boiler room projects was $185,065.00. The current bid for the #500 building boiler room is $127,000.00. Funding for this project will come from a carryover from previous years and the remainder will be fended from capital reserve funds. BACKGROUND: The original installed boilers are approximately 81% efficient, atmospheric type boilers. Taking into account the boiler efficiency de-rates necessary for Aspen's high altitude, the boilers aze probably operating neaz 50% efficiency. At today's gas utility rates this is a less than desirable efficiency. The new high efficiency, fan-powered or fan-assisted boilers can increase the operation efficiency up to 70-75%. This could result in significant utility savings of approximately $15,000-$20,000 per yeaz. The domestic hot water system will also be revised to a more efficient instantaneous type. DISCUSSION: Although the boiler system has performed adequately for the last 16 years, the effects of the Aspen area's hazd water aze definitely evident in the boiler rooms. Many of the pipes and pumps are showing calcified damage from water deposits. Additionally, the current hot water storage tanks are at the end of their useful life. The chief concern has been that the bottoms will fall out of the tanks and we would lose heat and hot water during the winter season. The boiler room refitting was designed by M-E Engineers of Avon, Colorado. This project was put through the "Invitation to Bid" process, and Aspen Plumbing and Heating Company of Aspen, Colorado was awazded the bid. FINANCL~I, IMPLICATIONS: The total estimated cost of the project is $127,400.00. This refit is the fourth and final boiler room to be refitted at Mazolt Ranch. The funding for this project is included in the current budget yeaz. This project will reduce the amount of natural gas needed to heat and produce domestic hot water at the Mazolt Ranch housing complex. Initial estimates are in the range of a $15,000-$20,000 in annual u61ity savings. RECOMMENDATION: We recommend City Council approve the contractual bid as submitted by Aspen Plumbing and Heating Company to replace the existing boiler rooms in the #500 building at the Mazolt Ranch employee housing complex. ALTERNATIVES: If Council does not want to approve the staff recommendation at this time, the project will have to be postponed until the fall of 2008. A project of this magnitude needs to be completed in the shoulder seasons in order to have as little impact on both seasonal employee housing needs and the summer needs of the Music Associates of Aspen student housing. PROPOSED MOTION: "I move to approve resolution # ~~.-~. 2008" CITY MANAGER COMMENTS: RESOLUTION # Z~ (Series of 200s~ A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN PLUMBING & HEATING COMPANY, INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING BOILER REPLACEMENT IN MAROLT RANCH HOUSING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Aspen Plumbing & Heating Company Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Aspen Plumbing & Heating Company Inc. regarding boiler replacement in Marolt Ranch Housing, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: 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 March 24, 2008 Kathryn S. Koch, City Clerk C(Pr'==° ~Df'`i CONTRACT FOR CONSTRUCTION ~ T".E~"'°F~' THIS AGREEMENT, made and entered into on March 10, 2008, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Aspen Plumbing 8~ Heating Company, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Marolt Ranch Housing Boiler Replacement, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will completed between May 1, 2008 and May 31, 2008 unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Twenty Seven Thousand Four Hundred ($127,400.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. •~cci 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract for CC1-971.doC Page 2 "CC1 Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: RECOMMENDED FOR APPROVAL: City Engineering Department ATTESTED BY: CITY OF ASPEN, COLORADO By: APPROVED AS TO FORM: By: City Attorney CONTRACTOR ASPEN PLUMBING ~N, EA I G CO /~] ~ --- By: O ~~C ll Title: ~~~~ ltd 2~ Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CCi-971.doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (l (To be completed if Contractor is a Corporation) STATE OF C~~V~l~c~h ) SS. COUNTY OF Y~'~<l ~~ ~ ) Own this n ~L~- day of Fc~IU~`\`_i , 2008, before me appeared \'c~~~~ `E~ - ~~~ ~~'~ , to me personally known, who, eing byr~ first duly sworn, did say th s/hs is ~~>•<~c, ~~ - of ~v~ r ~ I~~~ ~~,,~nC `. w~~~~ ~~., ~,r1 ~ 1 and that the seal affixed to said instrument is~th corporate~s~al of said cor oration, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~D~PRY AGe` ..~ ~;/ CRANDELL ; IIC~(~ !fr u3;:. Notary Public 9c~~~~t~ I a zt~ Isla ~~- ,lly~~~~~1 ~,5~ I Address My commission expires: ~ 31- ~~ CC1-971.doc Page 4 °CC1 Certification and Supplemental Conditions to Contract for Services - Conformance with &8-17.5.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens - Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. f" Public Contract for Services: Contractor: ~J ~ /1 ~ ~ ~ ~°~ ~ D By: (1 Title: l`"rte ~ ~ ~ ~ +~,~ JPW- saved: 8/3/2006-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc MEMORANDUM ~~ TO: Mayor and City Council FROM: Randy L. Ready~~ Asst. City Manager DATE: March 18, 2008 ~' RE: Resolution No.2J, Series of 2008 -Entrance to Aspen Right of Way Amendment SUMMARY AND REQUEST OF COUNCIL: Approval of the attached resolution is requested in order to formalize an amendment to the Entrance to Aspen Right of Way Easement (Exhibit A) to authorize construction of the bus lanes between Buttermilk and the Mazoon Creek Roundabout pursuant to the May 2007 ballot question. City voters were asked to approve the following ballot question on May 8, 2007: CITY OF ASPEN -BUS LANES BETWEEN BUTTERMILK AND ROUNDABOUT- Shall the City Council be authorized to amend the Right-of--Way Easement that was conveyed in 2002 by the City of Aspen to the State of Colorado, Department of Transportation, for additional uses on the rights-of--way across City-owned property along State Highway 82, only between Buttermilk and the Maroon Creek Roundabout, to allow construction, operation and maintenance of a two-lane parkway and two exclusive bus lanes, or the already-permitted use for atwo-lane parkway and a corridor for a light rail transit system? 63% of the voters approved the additional uses on the Right of Way that was originally conveyed to CDOT in 2002. Bus lane design has been completed. Construction funding from the county- wide '/~ cent transit sales and use tax has been approved. A successful bidder has been identified and construction on the bus lanes is set to begin later this spring. City Council's approval of the amended Right of Way easement document will allow construction to proceed as scheduled, with project completion by December 1, 2008. BACKGROUND AND PREVIOUS COUNCIL ACTION: The Entrance to Aspen Record of Decision and Memorandum of Understanding between the City and CDOT were completed in 1998. The Record of Decision authorized atwo-lane pazkway and transit system that generally follows the existing highway alignment except across the Mazolt-Thomas property. "The transit component includes an LRT system that, if local support and/or funding aze not available, will be developed initially as exclusive bus lanes" (ROD, p.l ). City voters approved municipal ballot question 2A in 1996, authorizing conveyance to CDOT of "necessary rights of way across City owned property, including the Marolt Property, acquired for open space purposes, and the Thomas Property, acquired for transportation purposes, for a two lane pazkway and a corridor for a light rail system." Subsequently, City voters did not approve the use of the City-owned open space for atwo-lane pazkway and busway in 2001. City voters also did not approve improvements to the existing alignment in 2001. The Record of Decision and MOU between CDOT and the City anticipated the need for CDOT to acquire a permanent easement on 8.6 acres of City open space in order to construct the Entrance to Aspen. 2.5 acres are to be restored to the Mazolt-Thomas property (consisting of the existing alignment from Cemetery Lane to the Roundabout and the top of the cut and cover tunnel). The net acreage to be replaced was estimated to be 6.1 acres. In exchange for those 6.1 acres along with the 1.5 acres of Moore open space that CDOT acquired from Pitkin County in 1999 for the Roundabout, CDOT agreed to convey 31 acres of Mills Ranch property at the intersection of SH82 and Brush Creek Road. Page 3 of the MOU states that, "CDOT shall convey the replacement property from Mills Ranch as public open space by quitclaim deed to the City and County, each to hold an undivided interest in the property.... The parties acknowledge that the value of the replacement property is equal to or greater than the value of the property taken." In exchange for the undivided interest with the County in the Mills Ranch property, "the City agrees to provide permanent and temporary easements, as described herein, at no cost to CDOT for completion of the transportation improvements." CDOT completed the survey work and legal descriptions for the property that needed to be conveyed, and worked with the city attorney on the language in the original right-of--way conveyance documents. The 1998 MOU estimated the need for 8.6 acres of City open space. The azea in the more accurate survey and pazcel descriptions totaled slightly less than 8.2 acres. In addition to the 8.2 acres necessary for the Entrance to Aspen, conveyance of 1.602 acres in Pazcel PE-I 19 was included for trail and utility relocation as part of the AABC to Buttermilk project. The City conveyed those properties as the next step in the Entrance to Aspen project via Resolution No. 34 of 2002 in Apri12002. At that point, CDOT was authorized by the 1996 vote and the Right of Way easement document to construct atwo-lane pazkway and corridor for light rail. Since 2002, design and construction of the new Mazoon Creek Bridge got underway, with completion scheduled for June 2008. The new bridge is designed in accordance with the Preferred Alternative to accommodate two lanes of general traffic, two bus lanes and apedestrian-bike trail. A Re-evaluation of the Entrance to Aspen Final Environmental Impact Statement was completed in 2006 and approved in 2007. The Re-evaluation found that: Based on updated technical studies and consultations with resource agencies and local jurisdictions, the decisions made in the ROD remain valid for the following reasons: 1. There have been no substantive changes to the Preferred Alternative since publication of the ROD. 2. There have been no substantive changes to the existing environment or the impacts of project construction and operation estimated in the FEIS and ROD, nor have any additional types of impacts been identified that were not previously evaluated. 3. There have been no changes in regulations or requirements that would result in significant impacts not previously identified and evaluated in the FEIS and ROD. DISCUSSION: Voter approval of the additional uses on the Right of Way in May 2007 cleazed the way for completion of the bus lane design. A successful bidder was identified in December 2007. The EOTC approved the additional funding necessary to complete the project at its February 2008 meeting. The resolution that is presented for your review and consideration would authorize the City Manager to execute and deliver the amended Right-of--Way Easement to CDOT to allow the bus lane construction to proceed. CDOT staff and legal counsel in the attorney general's office have reviewed and approved the additional language as noted in the underlined sections of the mazked-up easement document (Exhibit B). FINANCLALBUDGET IMPACTS: Funding for the bus lane construction project has been approved to come from the county-wide '/z cent transit sales and use tax fund. The City Transit Fund will realize some cost savings or service expansion opportunities on the West Side bus route due to the transit travel time savings made possible by the bus lanes. ENVIRONMENTAL IMPACTS: The open space associated with the construction of the bus lanes consists o£ a portion of the easement across the former Zoline property (1.5 acres); the land in the Maroon Creek Basin immediately beneath the new bridge (0.5 acres); and a long thin strip of Aspen Golf Course (1.2 acres). This open space was conveyed to CDOT in 2002 along with easements on the Mazolt/Thomas property and in the Castle Creek basin for the purpose of building the Preferred Alternative (a two lane pazkway and a corridor for a light rail transit system). In exchange for this land, CDOT conveyed 31 acres of Mills Ranch Property along the river at the intersection of Hwy 82 and Brush Creek Road to the City. Because this land was conveyed to CDOT for the purpose of building the Preferred Alternative with light rail, voter approval was required to change the use of this space to allow for the construction of transit lanes. Since 2002 the ABC Trail has been relocated, the Maroon Creek Bridge is under construction, the Plum Tree Playing Field has been converted to the new tennis court complex, and the 10~' Tee Box at the Aspen Golf Course has been adjusted. There will be no further impacts to adjacent open space as a result of the bus lanes. During peak afernoon commute hours, RFTA often experiences delays of 12-17 minutes between the roundabout and the AABC. It is estimated that the proposed transit lanes would save RFTA riders an average of 15 minutes during the morning commute and 10 minutes during the afternoon commute during the summer and winter seasons. On a typical winter day, this could reduce travel times for approximately 13,200 inbound and outbound transit riders. This improvement in transit travel time and reliability will increase RFTA ridership and help to achieve the City's congestion mitigation and air quality goals. Because a full bus eliminates approximately 40 cars from the road, higher ridership will also create a somewhat smoother flow for general traffic. RECOMMENDATION: Staff recommends approval of the attached resolution and the amended Right of Way easement document to allow construction of the bus lanes. ALTERNATIVES: Council could discuss wording changes to the proposed Amended and Restated Right of Way Easement document. Any changes would need to be reviewed and approved by the attorney general's office. CITY MANAGER COMMENTS: RESOLUTION NO. Z~ Series of 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDED AND RESTATED RIGHT-OF-WAY EASEMENT TO CONSTRUCT, OPERATE, AND MAINTAIN A TWO LANE PARKWAY AND A CORRIDOR FOR A LIGHT RAIL TRANSIT SYSTEM AND, IN ADDITION, A TWO LANE PARKWAY AND TWO EXCLUSIVE BUS LANES BETWEEN BUTTERMILK AND THE MAROON CREEK ROUNDABOUT PURSUANT TO THE MAY 2007 CITY OF ASPEN BALLOT QUESTION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Amended and Restated Right of Way Easement document that would convey to the Colorado Department of Transportation a right of way easement to construct, operate and maintain a two lane pazkway and a corridor for a light rail transit system, and a two lane parkway and, in addition, two exclusive bus lanes between Buttermilk and the Maroon Creek Roundabout pursuant to the May 2007 City of Aspen bus lane ballot question, a copy of which is annexed hereto and made a part thereof. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the amendment to the original 2002 Entrance to Aspen Right of Way Easement, a copy which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said Amended and Restated Right-of--Way Easement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2008. 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 on the day hereinabove stated. Kathryn S. Koch, City Clerk AMENDED AND RESTATED RIGHT-OF-WAY EASEMENT The City of Aspen, a home rule municipality of the County of Pitkin, State of Colorado, with its principal office located at 130 S. Galena St., Aspen, Colorado 81611, here referred to as Grantor, in consideration of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, including the agreements contained in this instrument and that certain Memorandum of Understanding between Grantor, Grantee and the Federal Highway Administration dated July 27, 1998, grants to the State of Colorado, Department of Transportation, whose legal address is 4201 East Arkansas Avenue, Denver, Colorado 80222 of the City and County of Denver, Colorado, here referred to as Grantee, aright-of--way easement to construct, operate and maintain a two lane parkway and a corridor for a light rail transit system (to be constructed when the financing is available), and a two lane-pazkwav and, in addition, two exclusive bus lanes between Buttermilk and the Mazoon Creek Roundabout pursuant to the May 2007 City of Aspen ballot question, but for no other purpose or purposes, portions of Grantor's property described in Exhibit 1 appended hereto and incorporated herein as if fully set forth (the "Right-of-Way"). This grant is made on the following terms and conditions: 1. The light rail transit system shall be built only after adequate financing mechanisms and final design details aze identified and approved by public vote of the citizens of the Grantor. 2. A two lane-pazkway and two exclusive bus lanes between Buttermilk and the Maroon Creek Roundabout pursuant to the May 2007 City of Aspen ballot question; and, in addition a two lane pazkway and corridor for a light rail transit system shall be constructed in full compliance with all provisions relating to the construction of a two lane parkway and light rail transit system of that certain State Highway 82 Entrance to Aspen Record of Decision, Project STA 082A-008, issued by the Colorado Department of Transportation and Federal Highway Administration in August 1998, and that certain Memorandum of Understanding between Grantor, Grantee, and the Federal Highway Administration dated July 27, 1998, including, but not limited to, all environmental and historic mitigation measures identified therein. The platform width and maximum total right-of--way width for each corridor section of the two lane parkway and corridor for a light rail transit system; or, a two lane-parkway and two exclusive bus lanes between Buttermilk and the Maroon Creek Roundabout pursuant to the May 2007 City of Aspen ballot auestion shall be no greater than as described in Table 1 on page 2 of the Record of Decision. 3. The use of the Right-of--Way shall be contingent upon environmental and historic resource mitigation measures including, but not limited to: a. A cut and cover tunnel of no less than 400 feet to return public open space approximately 2 acres or more of Marolt open space. b. The return to open space of the portion of State highway 82 between Cemetery Lane and the Maroon Creek intersection to be abandoned by CDOT. c. The acquisition of other deed restricted open space of equal value and equal or greater acreage to replace any net loss in open space. d. An alignment of the two-lane parkway and corridor for a light rail transit system that is designed to be as sensitive as possible to the location of the historic Holden Smelting and Milling Complex and Museum. e. The total use of open space shall be the minimum possible, consistent with good design. f The design of the proposed bridge shall be sensitive to the environment and community character. g. A landscaping plan to include plantings, berms and depressions, and other methods to mitigate environmental and neighborhood concerns along the entire two-lane parkway and corridor for a light rail transit system. 4. Before the start of any construction on any part of the Right-of--Way referenced herein, Grantor shall have reviewed and approved all landscaping plans, final highway, bridge and light rail corridor designs, and final bid packages applicable thereto, and all plans developed to ensure compliance with the above referenced Memorandum of Understanding, the Record of Decision, and the environmental and historic resource mitigation requirements set forth at paragraph 3 above. 5. Before Grantee commences any ground disturbing activity on any portion of the Right-of--Way referenced herein necessary for preliminary engineering or design work, Grantor shall have reviewed and approved all such proposed activity to ensure that the proposed disturbance is the minimum reasonably necessary and if construction is not commenced within one year, Grantee shall re-vegetate and landscape immediately after the completion of such activity. In witness whereof, Grantor, by its duly authorized representatives, has executed this instrument on the date set opposite his or her signature below. City of Aspen, a Home Rule Municipality Date: By: Stephen H. Barwick, City Manager of the City of Aspen State of Colorado ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of 2008, by Stephen H. Barwick, City Manager of the City of Aspen. Witness my hand and official seal. My commission expires: Notary Public 1PW-saved: 12/62007-866-G:\john\word\agr\right-of-way-cdotd 20407.doc ~~ the CIIV of Aspen ffiemoraadum City BmprneV~ Clhce TO: Mayor and Members of Council FROM: John P. Worcester DATE: March 24, 2008 RE: Resolution No. ~, Series of 2008, to initiate Annexation Proceedings for Lot 3 -Adams Su division. Attached for your consideration is a resolution which, if adopted, would initiate annexation proceedings for property known as Lot 3 -Adams Subdivision. This property has a street address of 201 South Seventh Street (the South-West corner of Seventh and Hopkins Ave.) The owner(s) of the parcel have petitioned to have their property annexed into the City. Attached hereto please find a copy of the property owners' petition to annex. This office and the Engineering Department have determined that the petition complies with the technical requirements for a petition pursuant to state annexation laws. According to state law, the next step in the annexation process is for Council to set a date for a hearing, no less than 30 days nor more than 60 days after the effective date of the attached resolution setting the date for the public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12- 105, C.R.S. Section 31-12-104 of the Colorado Revised Statutes requires: (a) That not less than one-sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality.... and (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality.... Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the limitations in the statute appear to prevent this annexation (limitations on dividing land held in identical ownership, commencement of annexation proceedings for annexation to other municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. Before these parcels can be annexed into the City the following steps must take place: (a) A hearing before Council to determine compliance with Sections 31-12-104 and 31-12-105, C.R.S. as described above. (b) Underlying zoning needs to be established through the land use review process before the P & Z which will then make a recommendation to Council. (The Ordinance establishing the zoning can be acted on at the same time the annexation ordinance is adopted.) Adoption of the attached resolution will cause staff to continue working on the above described steps. Once the steps are completed, two ordinances will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to adopt Resolution No. ~, Series of 2008. CITY MANAGER'S COMMENTS: cc: City Manager 1PW-saved: 3/13/2008-494-G:\john\word\memos\Lot c annezation.doc RESOLUTION NO. 2'C (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATNE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "LOT 3 - ADAMS SUBDNISION ANNEXATION' ; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on February 12, 2008, one hundred percent (100%) of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in pazagraphs (c) and (d) of subsection (1) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107. C.R.S. Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish whether or not said azea is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regulaz meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 28t° day of April, 2008, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen For the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for z annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of , 2008. 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 on the day hereinabove stated. Kathryn S. Koch, City Clerk 7PW-saved: 3/I3/2008-778-G:\john\word\resos\Lo[C-Mn Ldoc 3 guyasuta seventh street Ilc annexation request II. Petition A. Completed Petition PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN PURSUANT to the Municipal Annexation Act of 1965 ("Act's, Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended the undersigned (hereinafter referred to as the "Petitioner's hereby petition the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the Guyasuta Seventh Street LLC Annexation to the City of Aspen. Said area, consisting of approximately 33,945 square feet (.78) acres and as Lot 3 of the Adams Subdivision, is more particularly described on Attachment "A," attached hereto. IN SUPPORT OF THIS PETITION, the Petitioner alleges: 1. That it is desirable and necessary that such area be annexed to the City of Aspen, Colorado. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Aspen, Colorado. 4. That a community of Interest exists between the area proposed to be annexed and the City of Aspen, Colorado. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Aspen, Colorado. 7. In establishing the boundaries of the territory to be annexed, no land held In identical ownership, whether consisting of one tract or parcel of real estate, has been divided into separate parts or parcels. 8. No annexation proceeding has commenced for the annexation to the municipality other than the City of Aspen, Colorado, of all or part of the area described above. 9. The annexation proposed in this petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. 10. That the Petitioner herein comprises more than fifty percent (50°k) of the landowners in the area and own more than fifty percent (50°~) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Aspen, Colorado. WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the annexation of the area described on Attachment "A," legal description of the land. The Petitioners reserve the right to withdraw this petition and their signatures there from at any time prior to the commencement of the roll call of the City Council for the vote upon the bluegreen 04 february 2008 4 of 33 guyasuta seventh street Ilc annexation request second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s) of [he area described on Attachment •A.' IN WITNESS WHEREOF, I have executed this Petltlon for Annexation this day of February, 2008. .r-- -__ Pe~ is/O er'. Signatur~ Petitioner's/Owner's Printed Name 139 FIe~POR) 2off~ Address Piiisg~aw+ , PA ~s a l s City, State, Zip bluegreen 04 february 2008 5 of 33 guyasuta seventh street Ilc annexation request B. Legal Description of the Annexation/Proof of Ownership -attachment A CERTiF1CATE OF OWiVERSMIP Pitkia Cooury Title, Inc., a duty licensed Title Insurance Agee! m the State of Colorado Iteccby certi9cs tlat GLtYAS17TA SEVENTH STREET, LLC, A COLORADO LLWTED Lir1BILf[Y COMPANY ace the owntr's in fee simple of the following desrnbcd property: LOT 3, AOAMS SUBOIVSION,. aaardin0 to the Plat tFrareof recorded May 14, 1373 'vi Plat Book 4 at Page 395. ADDRESS ACCORDING TD TFE PITKIN COUNTY ASSESSORS OFFICE: 201 South Srwenth Si, Aspen, CO 81b11 ENCUfatBRANCES: t~ of Trust fnxn : GUYASUTA SEVENTH STREET, LLC, A COLORADO LIMITED LIABiIfTY COMPANY To 1M PubAo Trustee of the County oiP1719N For the use of : S&T t3ANK Ouigrc~al Amount : 54,697,b94.~ Dated :January 3, 2099 Recorded :January 3, 2008 Reeapdon Nc. :655469 Assignment of Rents reoartled in wntrectuon wbhthe atxn+e Dead oETrustvras nawnied Janvary 3, 2n09 as Reteption Na 54557x. This certificate is not to be canstnted w be a guarantee of Gtlo and 'ts famished for informational purposes otily_ PITKIN COUNTY TITLE, LNC. 13Y: authorised aiguature CERTIFIED TO: January 3l, 2908 at 8:04 A.M. Jab No. 2t78bC0 bluegreen 04 february 2008 6 of 33 guyasuta seventh street Ilc annexation request onwiMefe~r F..6eason WARRMPrY PEED TFOS OEEa. n16dR Jwrry 3.2008, ~I41i0011 pAN~I.,T. M14RTIl~AU aid AldY N8. dJIR"Y1NEAiJ af~Camhd ,lpN~l1 Mil 421YAS1AA SEYEIiTIS SiRFFT.11C. A GQ4CMIAGO LMR2ID tlA80.~'f Y OO~Aa11f, ~unRi: tiEeer AlpteCmrs"s; ~166~p1i ROlQ618R2C0. PR76611W011.1A11 19is5 !f pwt Gpw~rtl , 6febffi M SI~IAT21t'~S 27N PAGE 3 1 IM4n ax P.O.lOit66tt 6X0111AA9314L~ACE, Cq 61#fd bluegreen 04 february 2008 7 of 33 l pv~+yb6~Piit>M-'eot30y 14 Jlq!! fnAbt6gtlt! st17p~8l6 7aptlutrEHlll/Rpsljrwspf~hgt8r~~!lSlb~Aldl+lMhw!!~. ibRippiR+, b . ~p~gffenfam dyt/lNa~i aemeyy9 bDDe:tlly t 5lmwfrtO~MfAAn iand nearded J;y 42, 1927 In 494t ~f r Pep 621, P63 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: March 17, 2008 MEETING DATE: March 24, 2008 RE: 2008 Concrete Replacement Project Construction Approval VIE SUMMARY: Staff recommends council approve the contract with Gould Construction for the amount of $613,772.50. DISCUSSION: The 2008 Concrete Replacement Project combines Tabor funded pedestrian improvements as well as Curb and Gutter improvements into one project. These Pedestrian Capital improvements are an ongoing safety enhancement plan with the goal to develop and maintain safer pedestrian corridors in Aspen. Curb and gutter replacement functions throughout the City of Aspen to convey Stormwater and provide safe pedestrian facilities. The scope of the curb and gutter replacement is dependant on the scope of pavement replacement (mill and overlay). As the streets deteriorate the City replaces the pavement. Along with the pavement replacement, deteriorated curb and gutter is also replaced. It has been three yeazs since City has replaced any pavement. As a result, many areas have accelerated in their deterioration. This project aims to update this important City infrastructure as well as complete Tabor projects City Council directed staff to complete in 2008. The 2008 Concrete Replacement Project was advertised for bid on February 26a' 2008. Three Bids were received and opened on March 11`" 2008. This project will update much of the City's out of date pedestrian and drainage facilities. Bids were received from three Contractors as summarized below: KECI Colorado, Inc $2,088,685.00 Gould Construction $853,270.00 Castle Rock Construction $1,020,049.00 .-.. Gould Construction was identified by staff as the lowest qualified bidder. Gould Construction .,,,,.. has submitted a bid of $853,270 for the construction of the project. Because the bid came in higher than originally budgeted, Staff is recommending reducing the project scope so that the P64 c~an~e executed within the budgeted amount. The reduced project scope will include replacement of curb and gutter and ADA ramps along Hopkins from Spring Street to Garmish. The reduced project scope will also include replacing curb and gutter and ADA ramps along Monarch Street from Hyman to Main Street. The project will also include various ADA ramp replacements in the downtown azea and sidewalk installation on Hyman Ave from 1 S` to 2"a Street. (refer to attached map) Staff will ask for a supplemental to fully fund the remainder of the project which will include replacement along Garmish from Durant to Main Street. . BACKGROi1ND: Gould has experience in various City infrastructure improvement projects and has performed well in previous contracts. Gould Construction has submitted a bid for construction and staff thinks that it is in the City's best interests to awazd the final design contract to this vendor. FINANCIAL IMPLICATIONS: Staff will be requesting a supplement to fully fund the replacement of concrete on Garmish Street. Funding Tabor funding for Pedestrian Improvement ADA Ramps $381,711.00 Hyman Pedestrian Improvements $ 50,000.00 ROW C&G Corrections (Account # 000.15.82002.86000) $299,650.00 2007 ROW C&G Corrections (Account # 000.15.82002.86000) $ 12 355 00 TOTAL $7A3,716.00 Expenditures 2008 Concrete Replacement Project $613,772.50 Staff Administration $ 30,000.00 Contingency $ 60,000.00 Gibson Curb and Gutter $ 35 000.00 TOTAL $738,772.50 RECOMMENDATION: Staff recommends that Council approves the contract for $613,772.50 as mentioned above. PROPOSED MOTION: "I move to approve Resolution No.~ Series of 2008." CITY MANAGER COMMENTS: '"~ P65 A RESOLUTION # T `~" (Series of 2008) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND GOULD CONSTRUCTION SETTING FORTH THE TERMS AND CONDITIONS REGARDING 2008 CONCRETE REPLACEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Gould Construction, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Gould Construction, `"" regarding 2008 Concrete Replacement Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Mick 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 March 24th 2008 Kathryn S. Koch, City Clerk P66 ~-~, .~ ,~ P67 ~r T 4. C I a f A. p e CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on March 24th 2008 , by and befinreen the CITY OF ASPEN, Colorado, hereinafter called the "City", and Gould Construction called the "Contractor'. WHEREAS, the City has caused to be prepared, in accordance with the law, specifcations and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required. by law, an advertisement, for the project: 2008 Concrete Replacement Project (2008-017) ,and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation forBids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published. Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will ~...~ complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. P68 4. The Contractor agrees to perform all of the Work described in the Contract Document and comply with the terms therein for a sum not to exceed Six Hundred Thirteen Thousan Seven Hundred and Seventy Two Dollazs azid Fifty Cents. ($613,772.50) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This .agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. ^-, 12. In the event that legal action is necessary to enforce any of the provisions of thl~ Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. CC1-971.doc Page 2 '•CC1 P69 `Vnr 13. This Contract For Construction was reviewed -and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: RECOMMENDED FOR APPROVAL: City Engineering Department ATTESTED BY: APPROVED AS TO FORM: By: City Attorney CONTRACTOR: By: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a ,,,,+ partnership, the Contract shall be signed by a Principal and indicate title. v... P70 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) SS. COUNTY OF ) On this day of , 20_, before me appeared to me personally known, who, being by me first duly sworn, did say that s/he is of and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Address My commission expires: -~ n m ..Q c v in 0 0 m ' "~" MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Jason Lasser, Special Projects Planner J~ THRU: Chris Bendon, Community Development Directod 'IA.~ MEMO DATE: March 17, 2008 l./~' ~ MEETING DATE: March 24, 2008 RE: Code Amendments to Section 26.312.030 (C) -Nonconforming Structures -Ordinance No.~, Series 2008 - ls' Reading SUMMARY: Alice Davis, on behalf of the Lauder family, has submitted a number of text amendments with regard to the nonconformities chapter of the Land Use Code as it relates to a code amendment submitted on behalf of the Lauders in 2004 (Ord. No. 35). The City sponsorship allows the Amendment to be submitted by a private entity. Staff has worked with the applicant to clazify the language of the original Ordinance. Staff recommends approval of this application For vazious code text amendments to Section 26.312.030 (C), Extensions LAND USE REQUESTS AND REVIEW PROCEDURES: The City is requesting the following from the City Council: • Determination if application to amend code text meets Standards of Review, pursuant to Land Use Code Chapter 26.310.040 Standadds of Review. On Februazy 19`h, a noticed public heazing on a text amendment was held before the Planning and Zoning Commission and a recommendation of approval has been presented by the Commission to the City Council. APPLICANT: Alice Davis, Davis Horn Inc. and Gideon Kaufman, Kaufman Peterson Attorneys, representing Leonard Lauder, property owner and Chris and Lynn Seeman, ADU occupants. PREVIOUS ACTION: On February 19' , a noticed public hearing on a text amendment was held before the Planning and Zoning Commission and voted 5-0 in favor of a recommendation of approval for an amendment to the non-conformities chapter. Previously in 2004, The Planning and Zoning Commission reviewed an amendment to the non- conformities chapter of the Land Use Code in 2004 and recommended denial at a public hearing on October 5, 2004. The City Council approved Ordinance #35, Series of 2004, on November 22, 2004, allowing for amendments to the Non-conformities chapter of the Land Use Code. The amendment allowed a property that was legally established and non-conforming with regazd to floor area (over maximum allowable) to add up to 500 square feet of floor area to an ADU. Page 1 of 4 BACKGROUND: (From the 2004 Staff Memo) The Lauder residence and ADU were built in compliance with the City's Floor Area code, which has since been amended. The former code granted two floor area bonuses for Accessory Dwelling Units. Fifty percent of an ADU's floor area was exempt if the ADU structure was detached from the primary residence and another 50% was exempt if the ADU was deed restricted to mandatory occupancy. Together, a 100% exemption was available for an ADU that was both detached and mandatory occupancy. The Lauder ADU qualified for this 100 exemption and the primary house was developed to the maximum size considering the bonus. During the period of this mandatory occupancy floor area bonus, three ADU's were developed with a mandatory occupancy restriction. The City experienced significant difficulty in administering the mandatory occupancy and, in 2001, decided to remove this option from the code altogether. The ADU code was amended to require ADUs be detached to gain a growth management exemption For the primary residence and the floor area exemption was retooled to provide a 100% exemption only if the ADU was condominiumized and sold to a local working resident through the Housing Authority's Guidelines. The program allows the property owner to choose the first purchaser, as long as that person qualifies through the Housing Guidelines. At the same time as eliminating the mandatory occupancy bonus, the City amended the code to provide a process of removing the mandatory occupancy restriction from an existing ADU through a landowner provision of either an off-site deed restricted unit or a cash-in--ieu payment equal to the market value of the bonus area. This was done in response to a landowner with a mandatory occupancy ADU. The City's code amendment in 2001 made the Lauder property a "legally created non- conformity." Specifically, the Lauder ADU no longer qualified for a floor area exemption and the property contained too much floor area. The City's non-conforming regulations allow legally created non-conformities to exist in perpetuity, but prohibit expansions of the non-conformity. (i.e. a house that is over it's floor area cannot be added on to.) The Lauder ADU is a one-floor unit developed over a storage basement that was also exempt from the calculation of floor area. The storage area was purposely developed as non-inhabitable space (no window wells) to maintain its being exempt from floor area. Basement levels count towards floor area proportionately to the extent they are exposed. Window wells increase the exposure and require more of the basement level to count towards the property's total Floor Area allowance. Prior to the initial Code Amendment request in 2004, a building permit to install window wells in the ADU structure was submitted to the Building Department and denied due to a lack of floor area. The improvements were built without a permit and the construction was "red tagged" by the Building Department. The improvements were then removed and the property returned to its previous condition. An application to amend the Non-conformities chapter of the Land Use Code was submitted in 2004 requesting modifications to the nonconforming structures section with regard to extensions and ADUs and Carriage Houses. Public hearings followed at both Planning and Zoning and City Council. As a result, Ordinance No. 35 (Series of 2004) was passed. Page 2 of 4 (2008 Background) In March 2007, the City was approached by Alice Davis and Gideon Kaufman to discuss the possibility of acting upon the approved language of Ord. #35, Series of 2004. Staff and the applicant representatives have worked to clarify the language which is applicable to only one mandatory occupancy unit (Lauder ADU). On February 19, 2008, the Aspen Planning and Zoning Commission found that the application for the code amendments met the applicable standards of review and recommended approval (by a 6-0 vote). STAFF COMMENTS: Staff has enclosed an Ordinance that demonstrates code text amendments using °^•~~'°^•~~'~°~a in red for removed text and un¢el~linrd hlu~ tiha~Ii~ to denote new text. Each change, or set of related changes, is accompanied by a numbered red box in the left column. To understand the vazious code text amendments, it may be easiest to look through the Resolution identified as Exhibit B to see the exact code language changes -- while consulting the explanatory text below, which offers a rationale for each code text amendment, using the red boxes. SUMMARY OF THE PROPOSED ORDINANCE: The general allowances for non-conforming structures is now rolled in Section C, the exceptions to "C" are now formatted as a subsection of "C". Clarifies the current text by following a more logical format -that the increase in floor area is only available for ADUs with mandatory occupancy and then breaks the procedure and review standards into subsections. To increase floor area on a property, the application is reviewed as a special review application (requiring notice and hearing before the Planning and Zoning Commission). Additionally, the application must meet the design review standards for an ADU or carriage house and meet additional review standards in the non- conforming section. Most important is mitigating for the additional floor area via extinguishment of a TDR or un-built floor area from another property. Combines standards 1 and 2, eliminates standard 5 (no vaziance from setbacks can be required), clarifies the standard for TDR extinguishment, and the final standard language has been modified to omit a squaze footage number from transfer from non-historic properties. RECOMMENDATION: Staff recommends approval of this application for various code text amendments to Section 26.312.030 (C), Extensions RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "1 move to approve Ordinance No. ~; Series of 2008, upon first reading". ATTACHMENTS: Page 3 of 4 EXHIBIT A -Review Criteria and Staff findings EXHIBIT B - 2004 Minutes - P+Z (Sept. 7, Oct 5), City Council (Nov. 22) EXHIBIT C - 2008 P+Z Minutes, Feb. 19 Page 4 of 4 ORDINANCE No. (Series of 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL, ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.312.030 -NONCONFORMING STRUCTURES - MEET APPLICABLE STANDARDS OF REVIEW. WHEREAS, previous amendments to Section 26.312.030 submitted by Gary and Laura Lauder, 850 Roaring Fork Road, Aspen, CO were adopted in Ordinance 35, Series of 2004, but were not codified; and, WHEREAS, after meeting with the Lauder representatives, the Community Development Director requested that the representatives submit an amendment to the Land Use Code, pursuant to Chapter 26.208, to clarify the adopted language; and, WHEREAS, the requested amendment is to Section 26.312.030 C., Extensions, of the Land Use Code and would permit additional floor area on properties with a mandatory occupancy accessory dwelling unit and which are legally established nonconformities with respect to floor area; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed for approval, approval with conditions, or denial by the Planning and Zoning Commission at a public heazing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, during a duly noticed public hearing on February 19, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of Nonconforming Structures, as described herein, by a vote of six to zero (6-0); and, WHEREAS, the Aspen City Council finds that the proposed text amendments to the meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the amendments 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. WHEREAS, the amendments to the Land Use Code aze delineated as follows: Text being removed is strikethrough and red. T°°' '-°~~~ ~°~'~°°a '°°' ° '~' ° «'~~° Text being added is underlined and blue. Text beine added looks like this. Text which is not highlighted is not affected; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL as follows: Section 1: Section 26.312.030 -Nonconforming Structures, shall read as follows: Sec. 26.312.030. Nonconforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. ''-r=~n~'. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 1. Historic structures. The enl-y first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. 3r 2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The enly second ether exception to this requirement shall be for a property with a detached Accessory Dwelling Unit / "~ or Carnage House ("ADU") having_a mandatory occupancy requirement. Such a detached ADU ~;c sH~stt~e-may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU er•~;at~iage-keuse and also provided that the ADU ~- :n--°_ca° ''=~_° does not exceed the maximum size allowed for an ADU or carriage house. The enlargement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. by z'-°«'°~ '~ can ~ nnnnn°... Il..,nli:«rv T7«:an ..«,l !'....«:..,.° TS......,,.. ..«A C«....:..1 D,.. ,: °.., n«««,...nl «....n..n«a a,. rl,n~ T>,° F..,. >,..«a_,.a /cnn~ .. ..,. F..,.a n..,.......nn n ., 1.° nll....,°a :F al.n «:a ,. «1:.... ...:al. aL... ..:an.:n n«.7 nan«.7 n«.In ..F nl,n«a°.. 7G C7n «nl..,l:«,. u.,.c , l...a «na~l:....;a°.l •n C. «.l:«.. al..,a aL.,. nl.nll l.n «na:l.ln ..: al. al.n nl.n«n nan« ..F n..~..,...«A:«rv ..nnn n«A :......«..:..an«r ...: al. R.n .~....~..nnn nF al.n ..«An«1.,:«.. n .7: na«: na Tl.n n «.7 n.7 . nl.nll «na 1. n..n n.l..n..nn : nnrn n.. al.n n ...7:«.. «al.nnn :«. nnan .,.:11 l.n «.arvn•nA /l«l. al.n Fl°rv~ n .,,l.: nl..,.al : n A.° A TITT .. n 1, n..nn 1+n....«A Q.n lnrvnll., n nnanA .. ,.«F ......:«,. FI,.,... n n /a~n LF_tl,° : ....a.. ..F tl,° ° «a°a . «..t 1-° ....CC.,.:,-«al a 1. thv :°«a ° ° a,. -.ti« ..1, ii Tii Ja,. T« ..F ..l-1° ll.- .-1.. °«a D:,.l,a.. «........,,«t t.. !`1,..«a,.«'1L G'2C ..« t.- ........--.: «... «...F ~..° 1,..«a...-a /Gnn\ C Y"` ~....... w ... uY , D:.-l,t ., a:..,...,. : ,.°a ..1.,....- .., A Tli T a°°a ..,,..a«:..t°.7 : - - «a..a.......- ~-8-i m -_.b .... ............. ..............., ... x x.o o acca ra,acrrosca o n aacnmTooovP~1O7zTTIIT . ' ___. _ ____ _r _____ f °a ~.,..,. ., „« __ _rr_J __ _~_.,___ _r _ 1-:..a,...: ,..-11., a,-..: ,.«„t°a « ..,,,«t., tl.., rv t, FF' '1 1.1 fl ...~ .......... ...... «t t~ :' ~: ......„_,.,...y ....~.b.. .... Y Ya. tl:~ 1 u u a a a..a S @&- i rcvi ' - °' °a al,• c ... -. . i, ..,,..... p x a v c i liivccviiicsccecaxx a-v-i'Frccxx.roco cxvxr. a) Procedure. The procedure for increasin¢ the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b) Review Standards. An application for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU shall meet the In µaa:a:,.« ',, t"° °« ,.:°, -° -, "..~ standards in Section 26.520.050, Design Standards, unless otherwise approved pursuant to Section 26.520.080, Special Review, r'°°~ °~°° ~°--' ° TT.D --- r-° appFeved pursuanHe as well as the following additional review st~teaa standards: (1)Newly established floor area may increase the ADU up to a cumulative maximum of 500 sa. fr. of floor area and is required to be mitieated by either of the following two options. ~Extin~uishment of Historic Transferable Development Rieht Certificates ("certificate" or "certificates"1 A property owner may increase the ADU b~guishment of a maximum of two certificates with a transfer ratio of 250 sg. ft. of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extin uig shins certificates (b Extinguishment of unused floor area from another property A property owner may increase the maximum floor area of a property for the purpose of increasine the size of an ADU by extinguishment of a maximum of 500 square feet of available unbuilt floor azea from one property to the ADU. (~-j(2) The additional floor area is a conversion of existing squaze footage which was not previously counted in floor azea. (Example: storage space made habitable). „~`-TT or the additional floor azea creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. (~ ~ The additional floor area creates a unit which is more suitable for caretaker families. (~4j ~ The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. (~ Nn vara,...°° ~.,..,, ..,.«t.°°v.. ,.., t_,..° _°,t «,. a t. t- floor arc~g re-red th,. t. '..t'.:., Scct..,.. „f >, ~ a ((§j ~ The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. (6) For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. i ... ...... .......ror.. .. ..... ..r....~...« , ~Ar-~'P Y s=~" ~..«:-g.:~'~°d-=Px sxant to El~egter 26 333 1~isterie (Sj ~ For the transfer of allowable floor area uK F °...,.° .... «° a.,° t,....a_°a icnm ..,..,.._,, r ..« from a nonhistorically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. F. Ability to restore. 1. Non-purposeful destruction. Any nonconforming structure which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty-four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single-family floor area requirements. 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 recommended, 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A public hearing on this ordinance shall be held on the 12th day of May, 2008, at a meeting of the City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of , 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor EXHIBIT A Chapter 26.310 AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP Sec. 26.310.040. Standards of review. In reviewing an amendment to the text of this Title or an amendment to the Official Zone District Map, the City Council and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Title. Sta Findings: The proposed code amendments clarify the language, procedure and standards of the nonconforming structures section of the Land Use Code. The proposed changes eliminate confusing language disallowing variances for properties with bonus~loor area, which created an inconsistency with the Variance Chapter of the Land Use Code. Staff finds this criterion to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community Plan. Staff Findings: Allowing for additional area in an Accessory Dwelling Unit to accommodate a family currently residing in the ADU is consistent with the AACP's goal to provide affordable housing. Staff finds this criterion to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staf/ Findings There were originally only two approved ADU's/Carriage Houses approved as a mandatory occupancy unit in the short period of time the legislation was in effect. One of these two ADU's has had it's restriction removed and the Seeman's live in the one mandatory occupancy unit remaining. The applicability of the legislation is quite narrow, therefore Stafffinds this criterion to be met. D. The effect of the proposed amendment on traffic generation and road safety. Staff Findings: The amendment will only affect one unit and family. Staff does not find this criterion to be applicable. E. Whether and the extent to which the proposed amendment would result in demands on public facilities and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools and emergency medical facilities. Staff Findings: The amendment will only affect one unit and family. Staff does not find this criterion to be applicable. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Staff Findings: The amendment will only affect one unit and family. Staff does not fnd this criterion to be applicable. G. Whether the proposed amendment is consistent and compatible with the community character in the City. Sta Findings: The expansion of an existing ADU is consistent with the community character. Mass and scale can be reviewed through the development application process. Staff finds this criterion to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Findings The expansion of the caretaker family (by one) has affected the subject parcel, requiring additional square footage for the changed condition. Staff finds this criterion to be met. I. Whether the proposed amendment would be in conflict with the public interest and whether it is in harmony with the purpose and intent of this Title. Staff Findings: Because of the narrow scope of applicability for this amendment, and that the intent is to allow an existing family to remain in Aspen, Staff finds that the proposed amendment is in harmony with the purpose and intent of the Land Use Code. Staff finds this criterion to be met. 2 ~H~$~t 8 COMMENTS ..................................... .:....,. ,..,..,.. .:,:..~,::. ..::::<:: ::::..::..:::.:.2 MINUTES ............................ ,.:.,::: _ ,.....:.: ..:.:;:.:: .::.;::: ..f.:.,,s: ::... ::... 2 DECLARATIONS OF CONFLICTS OF INTEREST ....... ...,, 2 INNSBRUCK ITVN MINOR T'~ AND~TIMESHARE REVIEVI>' .... .......... .... 2 CODE AMENDMENT -TRANSFERABLE DEVELOPMENT RIGHTS .............. 9 I Jasmine Tygre opened the regular City of Aspen Planning and Zoning Commission at 4:30 in the Sister Cities Meeting Room. Commissioners present were Steve Skadron, John Rowland, Dylan Johns, Ruth Kruger and Jasmine Tygre. Jack Johnson and Brandon Marion were excused. Staff in attendance: David Hbefer, Assistant City Attorney; Joyce Allgaier, Community Development Deputy Director; Jackie Lothian, Deputy City Clerk. COMMENTS Roger Haneman submitted his letter of resignation. Jasmine Tygre requested a proclamation for Roger and some sort get together. Tygre asked if there has been an ad for boards and commission members. Joyce Allgaier distributed a survey to the commissioners on the Residences at Little Nell. Allgaier noted that over the weekend of the 17`s and 18`h our community.wouldbost Park City visitors and the commission is ixivited to dinner at Shlomo's on Saturday September 18`h from 6-9pm. MINUTES Jasmine Tygre asked if the commission was prepared to approve the minutes from July 27"', August 3`a, August 10`h and August 17`h. The commission elected to hold the approval of the minutes until the next meeting. DECLARATIONS OF CONFLICTS OF INTEREST None. PUBLIC HEARING: INNSBRUCK INN MINOR PUD AND TIMESHARE REVIEW Jasmine Tygre opened the public hearing for the Innsbruck Inn minor PUD and timeshare review. David Hoefer stated two affidavits of notice were provided and the jurisdictional requirements have been met. Joyce Allgaier stated the Innsbruck Inn was located at 233 West Main; the application included approval for a minor PUD to expand and convert into a timeshare lodge from a traditional lodge. The applicants wanted to add a wing onto the western part of the building towazds Main Street; the proposal included cosmetic and physical changes to the interior and reorganization of the room layout. The 33-unit lodge would be converted into 10 two-bedroom suite and 2 one-bedroom suites for a total of 221ock-off units and one voluntary affordable housing unit on site. Allgaier said the applicant wanted to reconfigure the parking 2 ASPEN PLANNING & 2;O1~7INGy~U1GII4~S~YZ7l~1~=~#nutes Seutember 07.2004 situation; currently there was a curb cut on Main Street that would be eliminated and utilize parking on South Second Street. Allgaier noted the Historic Preservation Commission supported the elimination of parking from the front on Main Street and the head-in parking on South Second conflicted with Historic Preservation Goals of leaving the streetscapes in tact and not cut into the green-strip but rather utilize the 12 pazking spaces in the back in the alley. Allgaier explained one pazking option was coming in off Main Street with 4 parking spaces orientated so they could back out on-site and head out onto Main Street and using Second Street. Staff and HPC did not favor the South Second Street option; there were many spaces brf the street, which could accommodate the lodge use. Allgaier stated the dimensional requirements met with the underlying Office (O) zone district and they were not asking for an increase in height; the lodge character was maintained with the cosmetic enhancements and landscaping. There was no net increase of employees. Staff recommended approval of the proposed resolution with conditions and the recommended parking option to utilize the 12 spaces in the alley and on street parking in the neighborhood. Mitch Haas, applicant's planner, explained that the architecture on the front fagade would add a couple of dormers but the main ridgeline did not change. The new wing would be built to match the other side to give symmetry to the building with the lobby on the ground floor and a common room above it. The remainder of the building would be the reconfigured lodge rooms combining 4 front and back rooms making 10 2-bedroom suites with the bedrooms on the back half with a living/kitchen area in the front and lock-offs and 2 1-bedroom suites, which is a total of 22 keys. There will be new basement space under the new addition for storage, laundry and house needs. The affordable housing unit will be below grade under the office, which wasn't necessary for the approval and the lodge manager would be housed in that unit. Haas noted the affordable unit exceeds the housing standards with regards to natural light and amenities. Haas stated the parking plan included public head-in spaces on Second Streetnight- of-way but did not go over well with HPC or staff so the idea was abandoned unless P&Z and Council approved of that parking. Haas said the number of bedrooms decreased in the lodge so the parking demand, in theory, decreases substantially as well. The LP program allows a deficit in parking; the city counts the alley spaces as 6 parallel and not 12 pull-in spaces because of the encroachment into the alley. Allgaier said the city counted 10 spaces. Haas stated they counted 12 from the last approval and provided a few alternate parking plans. One plan included retaining the Main Street curb cut with 4 spaces in front with a hammerhead option of 2 spaces facing east and 2 facing west. The other option, which no one seemed to like, was to simply provide 3 spaces off the front but hasn't gone far. Haas said that they could eliminate the parking spaces in front and curb cut making the area a courtyard with landscaping, which would add maybe 2 parallel parking spaces on Main Street that don't exist today. Haas requested the option of maintaining 2guest-loading spaces for check-in and checkout either on Main Street or one on Main and one on Second. Allgaier stated that 16 spaces were required by the land use code and the application included 12 across the alley. Haas noted the deficit now with the 33 units and 12 spaces as opposed to the proposed 22 bedrooms with 6 spaces. Haas said the dimensional requirements were established through the PUD with. setbacks as drafted in the resolution and those conditions were acceptable with the addition of 2 guest check-in/checkout spaces. Other amenities were providing a better bus stop. Haas stated from studies the traditional timeshare projects, which were considered affordable for fractional projects, had an average occupancy rate of about 80% and this lodge has been running at a 43% occupancy rate. They felt by increasing the occupancy rate it offset the decrease in the number of bedrooms.. This plan keeps it running as a lodge. Steve Skadron asked why the occupancy was at 43%. Haas responded it was partly location and the decor of the rooms was fairly antiquated. Skadron inquired what was meant by affordable. Haas replied they had to disclose average sale prices, which were $74,000.00 to 157,000.00 per share. Gwen Dickenson provided the price points for the fractional sales. Allgaier commented the other fractional projects ranged from $300,000.00 and upper share. Haas said these properties would act as a second home. Dylan Johns asked how long the current owners operated the Inn. Haas replied the current owners just bought this last year; .the history provided went back 5 years with the previous owners. Dickenson said the Haisfields owned the Inn for 7 years prior. Johns asked the general dimensions for the 2-bedrooms. Dickenson replied the smallest was 1,040 square feet and 1,338 square feet was the largest with 4 units; the average was 1200 square feet. Johns asked the origin of Exhibit 8. Haas replied it was the Performa required by the timeshare ordinance with a proposed 4 ASPEN PLANNING & ZONING COMI«SSYON -Minutes Seatember 07.2004 owners budget. Johns asked when the last capital improvements were made on this property. "Dickenson replied last year and the occupancyremained the same. Jasmine Tygre asked if there was any indication from the city to change the 12 parking spaces in the alley to 6. Haas answered no; the 6 was a technical numbers calculation for code compliance and after the last approvals an encroachment license was issued to leave the parking the way it was. Tygre asked if there were any problems in the past for the parking of hotel guests. Haas replied no and this neighborhood doesn't have a parking problem. Allgaier said there was no objection from parking or engineering for on street parking in the neighborhood. Tygre asked if the setbacks were a minor deviation form the code. Allgaier cited the table on page 3 of the staff memo the underlying zoning required 5 feet on the. side yard and the proposed was 4 feet; 15 required and 13.5 feet proposed for the rear yard setbacks. Haas stated the architecture would be reminiscent of the chalet style with gables and exposed joists providing the horizontal breakup pattern. Public Comments: Scott Martin, public, said he was moving immediately across the alley and approved of the proposal. Martin said there were no concerns about the parking on the street. Haas requested the addition of a condition adding the check-in/checkout guest spaces. Johns said the parking wasn't an issue but another lodge going timeshare was an issue. Allgaier stated that the criteria for judging the project were from the PUD; the goals of the fractional ownership regulations were to make fractional ownership as much like a lodge as possible. Allgaier said when the units were not used by owners the units were placed into the rental pool. Johns stated that there was no operable timeshares to come out of the regulations at this time. Ruth Kruger agreed with Dylan about loosing the small lodges and questioned the ability of this small lodge being operated as fractional ownership. Allgaier said there were mandatory operational characteristics. Haas stated that the timeshare was a way to provide hotbeds and keep the lodges working as opposed to a lodge running at a loss. Haas explained there were 12 estates in each unit with the rights to 4 weeks over a year, which adds up to 48 weeks a year leaving 4 weeks per unit set aside not being used by the owners to go into a central reservations pool. Haas stated there was a front desk and they planned on a local and national reservation system; this was a different market than the Hyatt, Dancing Bear or Nell. ASPEN PLANNING & ZONING COMMISSION -Minutes Seatember 07, 2004 Tygre said that the commission and planning staff had concern for the number of timeshare applications that have been proposed. Tygre said that this was the first lower price-point timeshaze proposal and maybe the "wish list for the commission" should include re-visiting lodge revitalization because it has become lodge conversion to timeshare. Tygre said Ruth's point about the Hyatt having an established reservation system in place as opposed to a small lodge without that dependency. Commissioners Tygre, Kruger, Skadron and Johns all shared concern for the timeshare use in general. Kruger remarked that 33 rooms were being converted into 12 suites and asked where the lower end guests would stay; this could eliminate an entire population of guests from the pool. Allgaier said that she will request a joint work session with council and P&Z on the timeshare concerns. John Rowland did not feel this project was a problem for timeshaze but agreed with the commissioners on the need for a work session on timeshare. Kruger said if the on-site parking were taken off Main Street and placed on South Second Street it would improve the traffic flow removing the curb cut; she was always opposed to under-parking any project. All commissioners agreed with the removal of the Main Street curb cut. MOTION.• Ruth Kruger moved to recommend that City Council approve Minor Planned Unit Development, Subdivision, Timeshare, and Lodge Preservation and Affordable Housing GMQS Exemptions for the Innsbruck Inn, a property located at 233 West Main Street to expand and convert to a timeshare lodge consisting of twenty-two (22) lodging bedrooms and aone-bedroom affordable housing unit, With the fOllOWing COnditlOrlS: 1. A final Subdivision/PUD agreement shall be recorded at the Pitkin County Clerk and Recorder's t~ce within 180 days of the final approval by the Historic Preservation Commission (the HPC). 2. A final Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's ice within 180 days of the final approval granted by the HPC and shall include the following: a.) A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. b.) An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c.) A drawing representing the project's architectural character. 3. The following dimensional requirements of the PUD are approved and shall be printed on the Final Illustrative Plan: 6 ASPEN PLANNING & 201~1ING Cb1VI1V1YS'~YUNP-'~1Vfinutes Seutiember 07.2004 4.The building permit application shall include: a.) A copy of the final Ordinance and recorded P&Z Resolution, as well as the Final HPC Resolution. b.) 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 Dastrict. 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 remova! permit application shall be accompanied by a detailed landscape plan. indicating which trees are to be removed and new plantings proposed on the site. e.) A drainage plan, including an erosion control plan, prepared by a Colorado Itcensed 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 2 year storm frequency should be used in designing any drainage improvements. f.) A construction management plan pursuant to the requirements specified in Condition No. 21 included herein. g.) A fugitive dust control plan to be reviewed and approved by the Environmental Health Department, 'as detailed in Condition No. 1 S included herein. 5. Throughoufthe structure, the Applicant shall install a fire alarm system meeting the requirements of the Fire Marshal. The Applicant shall also install a fire sprinkler system that meets the requirements of the Fire Marshal. 6. Prior to issuance of a building permit: a.) The primary contractor shall submit a letter to the Community Development Director slating that all conditions ofapproval have been read and understood. b.) All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 7. The Applicant shall convey an undivided fractional interest (one-tenth ofone percent (t7.1 %)) in the ownership of the deed-restricted employee housing to the Aspen/Pitkin County Housing Authority for the purposes of complying with rent control legislation and common law. To satisfy rent control issues, the Applicant may submit an alternative option acceptable to the City Attorney. Conveyance of the undivided fractional interest in the affordable housing unit shall occur prior to issuance of a certificate of occupancy on the reconfigured and expanded lodge. 8. If the Applicant conveys an interest in the affordable housing unit to the Housing Authority as described in Condition No. 7 above (rather than an alternative acceptable to the City Attorney), the Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City ofAspen from any claims, liability, fees or similar charges related to the Housing Authority's ownership in the deed restricted employee- housing unit. 9. Prior to issuance ofa building permit, the Applicant shall record a deed restriction jot the employee-housing unit. The employee-housing unit shall be deed restricted at the Category 2 rental rate, but since the unit is included in the lodge itself and intended to house employees of the lodge, income and asset restrictions shall be waived. Further, the Applicant shall meet with the Housing t~ce Staff prior to the completion of construction to establish mutually acceptable lease terms for employees whose units are attached to the business. 10. The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and ijnecessary, a person licensed by the State to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. Ifthere is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 11. The Applicant shall repair any cracked or uneven sections of sidewalk adjacent to the property and improve the sidewalk, curb, and gutter in the adjacent public right-of--way along Main Street and along South Second Street to meet the City Engineering Department's Standards, which includes replacing the Main Street gutter system adjacent to the Innsbruck property to provide a gutter with a slope that meets the City Engineer's specifications. The curb along Main Street adjacent to the subject property shall be improved to a six (6) inch vertical curb. 12... The Applicant shall extend the sidewalk that exists adjacent to South Second Street across the alleyway with six (ti) inch thick reinforced concrete. The Applicant shall also instal! a concrete driveway ramp meeting the City Engineer's standards from South Second Street to the sidewalk that is to cross the alleyway.l3. The Applicant shall pay the appropriate Street Impact Fees io the City of Aspen for excessive wear to the streets caused by construction traffic as determined by the Engineering Department. 14 The Applicant shall be required to show plans for all improvements, snow storage areas, utility pedestals, districts, curb and gutter, and sidewalk improvements prior to building permit issuance. I5. The Applicant shall submit to the Environmental Health Department a fugitive dust control plan which includes, but is not limited to fencing; watering of disturbed areas, continual cdeaning of adjacent paved roads to remove mud that has been carried out, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance. This shall be required with the submittal for building permits. I tS. The Applicant shall install tree saving construction fences around the drip line of any trees to be saved subject to the fallowing provisions: a.) The City Forester orhis/her designee must inspect this fence before any construction activities commence. b.) Na excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular lra~c shall be allowed within the drip line. 17... The Applicant shall instal! a tree root barrier on the trees that are to be planted within ten (10) feet the sidewalk, curb, and gutter to prevent future root damage and sidewalk upheaval. 18. The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with 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. 19. ITre Applicant shall comply with the Aspen Sanitation District's rules and regulations. If new sewer tines are required, then the existing service must be excavated in the alley and disconnected at the main sewer line. No clear water connections (roof, foundation, perimeter drains) to sanitary sewer lines shall be allowed. All improvements below grade shall require the use of a pumping station. 20...77ae Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 21... There will be no construction material or dumpsters stored on the public rights-of--way unless a temporary encroachment license is granted by the City Engineer. In addition, the Applicant shall submit a full set of construction management plans that are consistent with the City Construction Management Plan Guidelines at the time of building permit submittal. 22. The Applicant shall submit a food service plan for review by the Environmental Health Department and obtain a food service license if required, prior to serving food in the multi purpose room. If determined to be necessary by the Aspen Consolidated Sanitation District, the Applicant shat! install an oil and grease interceptor in the multi purpose room/kitchen. 23...The Applicant shall join arty future improvement districts that are formed to complete future City approved improvements to the adjoining/ surrounding right-of--ways: 14. All exterior IighHng shall meet the City of Aspen Lighting code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting, as maybe amended from time to time. l5. Ail design, installation, and maintenance of the pool and spa must comply with the State of Colorado's "Swimming Pool and Mineral Bath Regulations. " Pool water,shall be drained directly into the sanitary sewer and shall noJ be drained into the storm sewer The Applicant must have the Aspen Consolidated Sanitation District approve the drain size for the swimming pool and spa before installing them. 26. Each owner of an estate shall have an undivided interest in the common recreational areas within the facility. 17. The Applicant shall pay the applicable school land dedication fees as determined by the Ciry of Aspen Zoning O~cerprior to buildingpermit issuance. 28. All unsold,timeshpre units {hat,arg not,.,. _ , used by the Applicant for exchange, marketing or promotional purposes shall be made avatlable for short-dean rent until purchased. This condition. shall be included in the PUD/Subdivision Agreement to be recorded in the Pitkin County Clerk and Recorder's Office. 29. Nothing in the timeshare documents shall prohibit short-term rentals or occupancy. It is the intent. of this condition that the non-deed restricted units shall be available for short-term rental purposes when not occupied by the purchaser or its guests or utilized for exchange programs. The Applicant shall submit timeshare documents to the City Attorney for review and approval prior to recording them at the office of Jhe Pitkin County Clerk and Recorder. 30. The Applicant shall maintain the option of signing up to two (2) on-street parking spaces adjacent to the Innsbruck Inn as short_{erm drop-affparking for guests checking in and checking out. If the Applicant chooses to sign up to two (2) on-street parking spaces as short-term drop-ojjparking, they may sign the spaces either on Main Street or South Second Street. Seconded. by Dylan Johns. Roll call vote.• Skadron, yes; Rowland, yes; Johns, yes; Kruger, no; Tygre yes. APPROVED 4-1 PUBLIC HEARING: C:UllN: A1Vlr,1rL1ViL'1~1 - lntii~ori%a.~.".". -'- - Jasmine Tygre opened the public hearing for the TDR Code Amendment; notice was provided. Joyce Allgaier explained that Gideon Kaufman presented this code amendment on behalf of the Lauder family. City Council requested per Gideon Kaufrnan this code amendment and after.the P&Z_review.it_will go to Council. Allgaier stated the former code granted floor area bonuses for 50% for detached. ADUs and another 50% for deed-restricted.ADUs_som this situationjthe ADU was 100% exempt from the floor area charge. The Lauder's built the main residence to the maximum floor area.. Allgaier said after this. was built there was_a code, change that required ADUs to be detached and the. floor area,exemption was revoked unless it were condominiumized and sold to a working resident. That was what made this property non-conforming; the Lauder property was a legally created non- conforming ADU. The applicant's wanted to convert the basement,nto livable. space. Staff identified 2 options that could exist where the Lauders decreased the size of their house in order to add to the floor area of the ADU or deed-restrict and sell the ADU and neither option was being sought by the applicant at this time. ASPEN PLANNING & ZONING COMMISSION -Minutes Seutember 07.2004 Staff did not recommend approval because it was unclear if the proposal was to allow only enough floor area to accommodate the expansion or that the TDR purchase would make up for the deficit. The proposal was for a by right system and staff felt it should be a special review to weigh in on each case-by-case scenario. Allgaier said there was the possibility of a number of applications but were not sure how many and would like to see the fledgling HPC TDRs get under way before adopting another TDR program. Gideon Kaufman, represents the proponent of this code amendment, said that a detached and deed-restricted ADU created floor area exemptions for the residence; the code changes created the non-conformity. Kaufman said when the ADU was built there was a kitchen, bath, bedroom and living area and below grade there was an existing office, storage, mechanical and a full bathroom. Because it didn't have the required ventilation and light it didn't count in FAR. Kaufinan said it was probably the best ADU built in Aspen but they have Med to figure out how to accommodate the growing-needs of a family. If 2 window wells were added for the required light and ventilation then the FAR counts and you cannot add FAR because it was non-conforming. Kaufinan said that was why they came forward with the proposed code amendment to help these detached and mandatory rented ADU units; he distributed an amendment to the code amendment adding special review. These TDRs from free-market housing can only be transferred to an ADU and would only count for the amount of square footage added. Kaufrnan illustrated through photos and drawings the placement of the window wells. Kaufman restated the floor area would be utilized from free-market to enhance Affordable Housing Program; it would be positive for the community. Jasmine Tygre inquired about the number of ADUs that would be affected by the code amendment. Kaufman said the size of the ADU has also increased and at special review P&Z would make the decision. Johns asked why the TDR part of this speak to the free-market and not tie into the Historic TDR program. Kaufman replied the Historic TDR program means that a TDR can only come from a Historic structure; those TDRs are worth $100,000.00 to $150,000.00 per TDR, which makes sense because it is free-market value but if you increase an employee unit they don't want to pay those TDR prices. Tygre asked where these TDRs would come from that would be so much cheaper. Kaufman replied that there were a few properties and the. TDR would include deed-restrictions but Historic TDRs could not be used for this program. to ASPEN PLANNING & ZONING COMMISSION -Minutes September 07.2004 Steve Skadron asked how the TDR receiving property would be able to accept the TDR if it was built to what was at the time the maximum and now why would it be acceptable. Allgaier replied that was one of issues. Kaufman responded it was only for the affordable housing program and would not exceed what the code allowed for the ADU to be expanded up to. Tygre asked what the criteria would be cited. Kaufman replied the code for special review, compatibility with the neighborhood, impacts on water and sewer. Tygre stated that everything was in pieces and it was not clear what P&Z was to vote on; those criteria were not included. Kaufinan answered it was referenced in the code. Tygre said she wanted all the pieces in front at the same time and how many properties were involved in this type of situation. Skadron asked the size of an ADU. Johns replied the size ranged from 300 to 900 square feet net livable. The commissioners voiced concern for the incomplete information on the number of units that could be affected; the specific criteria for the special review; specific and detailed restrictions on the sending party, site specificity; the addition of dimensional requirements regarding the detached ADU and enforcement. The commissioners were concerned about the TDR program. MOTION.- Steve Skadron moved to continue the public hearing for the TDR Code Amendment to September 21, 2004; seconded by Ruth Kruger. APPROVED S-0. Meeting adjourned at 7:00 p.m. < ` r ckie Lothi ,Deputy City Clerk it ~x~ iB i'S $ . ~Con~r.) ASPEN PLANNING & ZONING COMMISSION-Minutes -October 05 2004 COMMENTS ..............:.........................................:..........:............:...........:............:..:.......:r::.::.,.: 2 ...... MINUTES ..............................:............... ............:........... ...... ~,:.......:..::.:..:.... r,....:,:.: ~.:::,:.: 2 DECLARATIONS OF CONFLICTS OF INTEREST ......................:.............................. 2 CODE AMENDMENT-TDR'S ........:...................:.:................:................:::.,;.........:............. z LOT 1, ODEN LOT SPLIT STREAM MARGIN REVIEW ........:................................ a 707 E. HYMAN CONDITIONAL USE FOR COMMERCIAL PARKING LOT... 5 ASPEN PLANNING & ZONING COMMISSION-Minutes -October O5, 2004 Ruth Kruger opened the regular meeting of the Aspen Planning & Zoning Commission in Sister Cities Meeting Room. Commissioners Brandon Marion, Ruth Kruger, Jack Johnson, John Rowland and Steve Skadron were present. Staff in attendance: David Hoefer, Assistant City Attorney; Chris Bendon, Chris Lee, James Lindt, Community Development; Jackie Lothian, Deputy City. Clerk.. COMMENTS Ruth Kruger hoped this meeting would adjourn by 6:45 p.m. Kruger inquired about the new windows in the Elli's building and asked if they were historic or went through a historic review process. James Lindt will follow up on Ellis. MINUTES MOTION: Jack Johnson moved to approve the minutes from July 27, August 03'd, 11 `" and 17`", September 7`" and 21 s` 2004; seconded by Steve Skadron. Rowland, Johnson and Skadron approved the minutes, Motion Carried. DECLARATIONS OF CONFLICTS OF INTEREST None stated. CONTINUED PUBLIC HEARING (09/21/04): CODE AMENDMENT-TDR'S Ruth Kruger opened the continued public hearing on the Code Amendment; Chris Bendon noted this was a continued hearing from 9/21S`. There were 5 members present for this hearing. Gideon Kaufman addressed the 2 items that concerned P&Z and placed suitable review by Planning & Zoning and staff. Kaufman raised questions regarding staff s interpretation that the only way to accomplish this was through the Historic TDR Program. Chris Bendon stated there was concern that this would take away from the Historic TDR Program, which has not yet been ptoven. Kaufman said this code amendment was for this particular unit because of code changes, which leas made this anon-conforming unit so they cannot add 2 window wells to make the downstairs legally 2 bedrooms. Kaufman said their TDR code amendment was only used for employee housing; their TDR program enhances only affordable housing and doesn't have the same mark-up as the Historic TDR Program so they are not taking from that existing Historic TDR Program but they are creating a market from the surplus of free-market housing and converting it for the community. Kaufman said that each special review would go through P&Z for approval for each particular situation, which accomplishes a valuable community goal. Kaufman provided the criteria for P&Z to follow. z ,.. . ASPEN PLANNING & ZONING COIGIM)'SSYON~Miritites - October U~' 21504 Ruth Kruger asked where the TDR was coming from. Kaufman replied that it was from afree-market house that did not want to use all of the FAR allowed. Kruger reiterated that Kaufman was creating a new program (code amendment) that would create sending sites that were not historic and opening the market for a larger opportunity taking FAR from afree-market house to an ADU.' Bendon re- stated concern for the demand and the Historic Program could leverage the TDRs. Jack Johnson asked if the code had never been changed would there have been sufficient FAR on this property to amend this ADU. Bendon answered no. Johnson asked if the transferred floor area must accommodate the extent of the non-conformity plus the expansion or if only just the floor area has been resolved. Bendon replied that Joyce covered the first meeting on this and P&Z addressed that question by saying that you should only cover the amount that is necessary to accormodate the actual expansion and should have to first cover the overage. Johnson asked the overage. Bendon answered it was 750 square feet. Johnson stated that was only created because the bonuses were taken away, correct. Bendon explained that between 1999 and 2002 where there were 2 bonuses for ADUs; one for detached ADUs that provided 50% bonus and the other was for mandatory occupancy. Bendon said there were 3 mandatory occupancy ADUs created and this was the only one occupied. Bendon said in 2002 the bonuses were taken away and the only way to ensure the 100% bonus was if the ADU was sold through the housing lottery system. Johnson asked by simply selling this ADU to the family that was living there was insufficient without a TDR. Bendon replied that was correct. Public Comments: Lynn and daughter, who live in this ADU, were present. Kaufman stated that when this unit was legally built it was mandatory rental. Kaufrnan stated that this code change would allow this ADU to expand and continue to house this family. Bob Staradoj, public, asked if there had ever been a case where an ADU on site has been sold. Bendon replied no; the community was looking,fbr the first one to be sold. Bendon added if the ADU were sold the property owner would gain a 100% of the FAR, which was exempt and the property owner gains an additional 50% FAR bonus. David Hoefer reiterated that the commission was not dealing with a specific case for this code amendment. Bert Myrin, public, stated that the code that Jack acid Chris spoke about gave an incentive to the employee side and what was presented tonight was from the employee side not the owner side. Myrin reiterated what Chris stated for the bonuses. ASPEN PLANNING & ZONING COMMISSION-Minutes -October 05.2004 John Rowland stated that he was in favor of this code change and the only negative aspect was administrative for staff; he said that staff could handle. the. challenge. Steve Skadron shared John's thoughts considering the restrictions placed on the economics on the property and there was a viable argument for this but Skadron : also shared Jack's concern of getting this done under the.current code rather than actually changing the code: Jack Johnson stated 3 issues: there were, ways that this could be done for this family under the existing code; this code change was in the best interest for this applicant but not for the city and voiced concerned about the TDR sending and receiving sites. Brandon Marion mirrored Jack's no vote because of the far- reaching effect on the entire city. Ruth Kruger asked how long the historic TDR program has been in existence and the number of applications to date. Bendon replied it has been in place for about 7 months and there was one application pending. Kruger said that the vote on this. code change wouldn't diminish a program that wasn't being utilized. Kruger did not see a problem with this application and P&Z would look at each application for these types of situations. MOTION: Brandon Marion moved to approve Resolution #30, 2004 recommending approval of a code amendment to permit expansion of non- conforming structures; seconded by Steve Skadron. Roll call vote: Rowland, yes; Skadron, no; Johnson, no; Marion, no; Kruger,. yes. DENIED 3-2. Bendon asked the commission if there was a particular element of this code amendment that if it were different then you would support it. Marion replied he liked the concept of giving FAR to affordable housing but wanted a more comprehensive plan than the one presented. Johnson said it would have to be a last resort otherwise more big houses were. being created and Johnson wanted the Historic TDR Program to prove itself prior to creating another TDR program. Chris Bendon introduced Chris Lee the new planner. PUBLIC HEARING: LOT 1 ODEN LOT SPLIT STREAM MARGIN REVIEW Ruth Kruger opened the public hearing for the Stream Margin Review for Lot of the Oden Lot Split. David Hoefer said that the notice was received and the requirements have been'met; the commission had jurisdiction to proceed. James Lindt stated that the Stream Margin Review was to determine the top of slope; Lot 4 ASPEN PLANNING & ZONING COIV1IVIIS~ION-Minutes -October OS 2004 1 was adjacent to Red Mountain Road with Hunter Creek along the north side of the property. A survey showed the top of slope at the elevation of 7870. Lindt utilized a drawing to illustrate the top of slope. Staff agreed with the top of slope from the survey. Lindt said that a stream margin review would be sought after the house was designed. Bob Staradoj, applicant, stated that walking on the site made it easy to determine the top of slope. Lindt said that there were several photos of the property. Jack Johnson asked about the fisherman's easement. Lindt replied that the fisherman's easement couldn't be required any longer; the. code was changed to encourage a fisherman's easement. No public continents. MOTION.• Brandon Marion moved to approve Recsolution #31 for a stream margin review request to establish Hunter Creek's top of slope at the elevation of 7,870 feet above sea level on Lot 1, of the Oden Lot Split, with the following COndltlOnS: 1. The Applicant shall apply for another stream margin review to construct a residence on the subject site since this stream margin review approval simply establishes Hunter Creek's top of slope as it relates to the development of the subject site. 1. The Applicant shall record an amended plat at the Pitkin County Clerk and Recorder's Office that reconf+gures the building envelope on the subject parcel in a manner That would make the north and west sides of the building envelope follow Hunter Creek's top ojslope as established herein. 3. As a cpndition of any future stream margin review application on this site, the Applicant shall be required to erect silt fence and construction fencing at the top ojslope determined herein. Seconded by Jack Johnson. Roll Call vote: Skadron, yes; Rowland, yes; Johnson, yes; Marion, yes; Kruger, yes. APPROVED S-0. PUBLIC HEARING: 707 E. HYMAN CONDITIONAL USE FOR COMMERCIAL PARKING LOT Ruth Kruger opened the public hearing for a commercial parking lot at 707 East Hyman. David Hoefer stated that 2 affidavits of notice were provided and the commission had jurisdiction to proceed. James Lindt noted this was located in the office zone district located between the Hannah Dustin building and Benedict Commons Affordable Housing, the site was formerly known as Park Place. Lindt stated the applicant proposed a commercial 19 space surface level parking lot accessed off East Hyman and closed the alleyway access. The conditional use was for the 5 spaces in addition to the off-street parking requirements for the site. (Hannah Dustin). The applicant proposed landscape screening for the Benedict Commons building and to remove the gate. There would be a wrought iron fence ASPEN PLANNING & ZONING COMMISSION-Minutes -October 05.2004 with a chain between the posts around the perimeter of the property. Staff felt the site plan should be flipped so that access was from the alley rather than East Hyman; environmental health wanted PM-10 mitigation, Staff suggested dust suppressant on the gravel once a year. Lindt said that chain was not an acceptable fence material and was a condition of approval to meet the land use code recommended fence materials. Staff did not recommend approval. Stan Clauson, representative for the applicant, utilized maps and drawings to illustrate the location and stated the site has been used for parking for over 20 years with the entrance off of Hyman. Clauson noted that Peter Fomell removed the A- Frame building and graded the parking lot. Mr. Fomell worked with the Parks Department to install street trees on Hyman. Clauson did not agree with staff on the materials and what the code provides or doesn't provide on parking. Clauson said Mr. Fomell wanted to establish the conditional use as a commercial parking lot accessory to the Hannah Dustin Building. Clauson stated that this was presented as parking to the general public with monthly leased tenants. Clauson stated this was not a PUD application but a conditional use application. Clauson noted the resolution provided 7 conditions and this was not achain-link fence. Lindt clarified that the conditional use was, for the spaces (3-4) above what was required for the Hannah Dustin Building. $randon Marion asked if the fence that was currently on site was what the proposed fence would look like. Peter Fomell replied that was the fence other than what will be used for the last few units of the Benedict Commons. Steve Skadron asked the applicant if this was laying the groundwork for something grandeur at a later time. Fomell disputed that; this was an alternative use to the application. Clauson stated this application represented a full utilization of the site. Fomell noted there was litigation pending on the last application. Jack Johnson stated that since 15 or 16 spaces were needed for the Hannah Dustin Building parking mitigation the applicant could just plan for that many spaces and never come before P&Z for a conditional use. Lindt replied that was correct: Johnson asked how many cars utilized the lot when the A-Frame was still there. Fomell answered it wasn't very organized but anywhere from 20 to 24 cars; sometimes 3-4 cars would have to move to get a car out. Kruger asked Stan what PM-10 was. Clauson answered it was particulate matter ten microns or less, which is a fine dust. 6 ASPEN PLANNING & ZONING COMMISSION-Minutes -October OS 2004 Public Comments: 1. Mike Hoffman, public, stated that he was a local attorney representing the Bell Mountain Residences Condominium Association. Hoffinan distributed a letter. Hoffinan stated Bell Mountain residents opposed the Park Place project because of the rear yard setback acid height variances; they also felt it was the wrong use in that location. Hoffman asked if it was fair to impose a disproportionate amount of parking on this site and neighborhood when there has been no master planning for this area. Hoffman reminded the commission of the 15-foot setback in the Office Zone District. 2. Herb Klein, public, attorney for the 700 East Hyman Condominiums noted the code section that he cited in his letter 26.710.180 CS a commercial parking lot is a conditional use that is independent of required off-street parking. Klein said there were problems with gravel, headlights, lighting, hours of operation and employee generation to check the lot. 2. Hanna Pevny, public, stated that she was the.president of the Aspen Chamber Resort Association and supported this project including the entrance on Hyman. Pevny said that parking was a huge issue in this community and a lot depends on tourism; about 75% of the non-winter visitors come by caz from the 2000 study. 3. Fred Martell, public, stated that there was no question that Aspen needs parking but this was not the answer. Martell said the sound of gravel when there is no other noise is very disturbing; if this is approved it must be paved and the plan should be flipped so the entrance is in the alley. Martell said that during the day this street was busy but at night it was very quiet; he voiced concern about someone finding the manager of the parking lot in the evening to get out of the lot. Martell said this was not the proper area for this parking facility. MOTION.• Jack Johnson- moved to continue the public hearing for 707 East Hyman Conditional Use for a Commercial Parking Lot and the As~en Consolidated Sanitation District PUD Master Plan to October 12` ;seconded by John Rowland. ALL IN FAVOR, MOTIONAPPROVED. Meeting adjourned at 7:05 p.m. ckie Lothian, D puty City Clerk ~(Ntl?ITC Aspen Planning & Zoning Commission Meeting Minutes -February 19, 2008 MINUTES ..................................................................................................................2 COMMENTS .............................................................................................................2 DISCLOSURE OF CONFLICTS OF INTEREST ....................................................2 CODE AMENDMENT PUBLIC NOTICE ...............................................................2 CODE AMENDMENT REGARDING NON-CONFORMITIES ............................5 ASPEN CLUB CONCEPTUAL SPECIFICALLY PLANNED AREA ...................6 1 Aspen Planning & Zoning Commission Meeting Minutes -February 19, 2008 LJ Erspamer, vice-chair, opened the regular meeting of the Aspen Planning & Zoning Commission Meeting in Sister Cities meeting room at 4:30 pm. Commissioners present were Michael Wampler, Cliff Weiss, Stan Gibbs, Dina Bloom, Brian Speck and LJ Erspamer. Jim DeFrancia and Dylan Johns were excused. Staff in attendance: Jim True, Special Counsel; Chris Bendon, Jason Lasser, Jessica Garrow, Community Development; Jackie Lothian, Deputy City Clerk. MOTION: Dina Bloom moved to approve the minutes from January 29`" and February 5`"; seconded by Michael Wampler. All in favor, approved. COMMENTS Stan Gibbs requested that staff memos be embedded in the documents for one point of reference to follow the resolutions. DISCLOSURE OF CONFLICTS OF INTEREST LJ Erspamer wanted to disclose that he was the main organizer for the 3 committees for the ARC but at the time there were not any weight rooms or aerobic rooms; so this was a disclosure. CONTINUED PUBLIC HEARING: CODE AMENDMENT PUBLIC NOTICE LJ Erspamer opened the continued public hearing. Jim True stated this was a public hearing and it was duly noticed; published once, all that was required. True said the two questions that remained after last week's discussion were 1. the content of the notice and if there should be a mailing address and additional information provided by an applicant; there would be a statement that a hearing may be continued from time to time and 2. whether the posted notice shall remain on the property throughout the process or some other aspect of that, shall the dates be changed rather than the from time to time language. True reiterated the two issues 1. is the content of the notice as far as the name and additional information of the applicant and 2. whether posted notices shall remain up after the initial hearing if there is a continuance and how it should remain up. True said this was totally discretionary at P&Z and will go to Council with either a recommendation of approval or denial. Michael Wampler said he read the minutes and memo and he agreed that the notice should stay up through the hearing and if the hearing is continued the date should be posted on the notice because things were changing. True said that there would 2 Aspen Planning & Zoning Commission Meetins Minutes -February 19, 2008 be a change to the code that says there need not be any new notice or second notice and there would have to be an additional affidavit before every continued hearing that was re-posted; again there wasn't that significant a problem and it was a legitimate request on this commission's part. Stan Gibbs asked what was the point of "the best of the applicant's ability". True replied that was a comment that Jennifer made at the meeting saying that we would not require a new affidavit saying it had been up that would be their best efforts to keep it up throughout the process; she did not want notices to disappear and applicants not necessarily know that the notice was gone and have somebody come in a say the process is defective because it was not up. Gibbs said that they understand that there is some room but it was like saying you have to stop at a stop sign to the best of your ability; laws were not written that way. True stated that you were just trying not to create a situation where somebody says the process was defective or you make a requirement then there needs to be affidavits. Dina Bloom said that Jennifer made it clear that in other communities there have been problems of signs that did not stay throughout and then the process would stop and she did not want that to happen here so "the best of the applicant's ability" makes sense. LJ Erspamer asked the consequences if the sign does fall down and the applicant does an affidavit that it was up. True said there was a risk that somebody says that you have to re-notice and start over or get a continued hearing. Chris Bendon said that they prefer "to the best of the applicant's ability" because often times Council will continue a public hearing to the next night. Bendon noted that in the winter, especially this winter, signs get piled up with snow piles. Gibbs said that "the best of the applicant's ability" made sense after the discussions; more affidavits make it difficult. Gibbs stated the posting should be continue throughout the process with "continuing from time to time" and the best of the applicant's ability" to keep it visible to the public was good enough. Erspamer asked if an affidavit was needed to change or add the dates of the meetings. True responded that the situation of continuation to the next day or continuation for a week had to be addressed. Erspamer asked if this commission put something together where they recommend some ideas or some thoughts on this issue to think about and address. True said that Council will make this determination; this was a recommendation, it was a resolution recommending something to Council. 3 Aspen Planning & Zoning Commission Meeting Minutes - February 19, 2008 Bendon noted there was no place in the code that said after so many continuances the public hearing had to be re-noticed. Gibbs asked if P&Z should recommend something like that to Council. Bendon replied that would be easier to administer then deciding on an arbitrary basis when you need to re-notice. True said an applicant has the ability to request a continuance and after that it was more discretionary with Council; it is just discretionary to re-notice. True said that it can be written that if the hearing is continued more than "x" period of time it will be re-noticed. Erspamer asked if on the other part of the noticing it was name, address or email. True stated that he re-wrote based on what the group was most interested in was name and either a mailing address of the applicant or a phone number or email address of applicant or the representative. Erspamer said that this was a public notice and people should have the right to know and comment to a contact on the project and he thought email should not be the only contact; there should be a phone number of a representative somewhere. Cliff Weiss requested the mailing address be required and the other two were optional (phone number or email). Michael Wampler said that in 5 years people would not be mailing anything; this was a band aid; email was the future not snail mail. Brain Speck noted that sometimes email goes through spam filtering and you don't get it. Erspamer asked either/or; and/or; or just require all 3. Gibbs agreed with what Dylan had to say that some people just don't want their phone number out there; it was a reasonable compromise to the have mailing address as a requirement but the phone or email should be the applicant's choice, which one they want to provide. Gibbs said that snail mail will actually only go away when you can actually verify the receipt of an email; until certified mail can be replaced reliably. True reiterated that the mailing address was required and the mailing address and either the phone number or email for the applicant or the applicant's representative. PUBLIC COMMENTS: 1. Toni Kronberg thanked John Worcester and Jim True for taking on this issue; the content was important because as a member of the public we don't care about the mailing address we care about the address of the development application. Kronberg said that the person to contact was in Community Development and included on the notice; email was not legally recognized by the state statute as a form of communication because there was no way of knowing if someone has received that notice that was the purpose for mailing certified. Kronberg said the Council notice and said that the public notice has to stay through the public hearing; she suggested a 7 day time frame be changed for continued hearings. Kronberg said that she has never seen a notice intentionally taken down. 4 Aspen Planning & Zoning Commission MeetinE Minutes -February 19, 2008 2. Gideon Kaufman said that the number one way somebody opposes a project is on notice because that was the most strictly construed way to oppose a project; he has had signs disappear when people want to find a way to challenge a project. Kaufman said that if you don't have language "to the best of someone's ability" you are opening them up to have a situation that someone takes the sign. Kaufman said neighbors don't like the signs because they don't think they are very attractive also when you constantly continue a hearing that means you have to change the sign every 2 weeks, every month, that becomes a real burden and it is not that simple. Kaufman said the bottom line was that you are going to follow up on it. MOTION: Stan Gibbs moved to approve Resolution #007-08 as amended in the discussion to include the mailing address and either the phone number or email of the applicant or its representative and the applicant shall maintain this notice on the property throughout the hearing and continuances to the best of the applicant's ability; seconded by Michael Wampler. Roll call: Bloom, yes; Speck, yes; Weiss, yes; Wampler, yes; Gibbs, yes; Erspamer, yes. All in favor approved 6-0. The commission requested Council consider placing a date deadline for continued meetings and re-noticing. PUBLIC HEARING: CODE AMENDMENT REGARDING NON-CONFORMITIES LJ Erspamer opened the public hearing for non-conformities. Jason Lasser said that Alice Davis represented Gary and Laura Lauder. Lasser provided the history of these mandatory occupancy units which was before the Telluride decision that talked about privately owned rental housing that can't be required to be deed- restricted because it was considered rent control and that was a decision that made the City of Aspen change the way that they do things. APCHA now controls that an ADU or Carriage House has to be deed-restricted for sale and run through APCHA, which clears up the rental issue decided in the Telluride case. Lasser stated that what they were talking about today were mandatory occupancy units to clear up the language in the code. Lasser read the definition of non- conforming structure: a structure which was originally constructed in conformity with the zoning and building codes or ordinances in effect at the time of this development which no longer conforms to dimensional or other requirements by the title to the zone in which it is located. Lasser said because of code changes the property could have more FAR than it was allowed with the new code so technically it's non-conforming. Lasser said the code amendment in 2004 was that the Lauder's wanted to expand and propose changes to the code and staff did not 5 Aspen Planning & Zoning Commission Meeting Minutes -February 19, 2008 recommend approval and P&Z voted no for those code changes but Council approved that through Ordinance 35 and it was codified and in the code now. Staff was going to eliminate a general section making historic structures the first exception and mandatory occupancy for accessory dwelling units and carriage houses the second extension in the non-conforming structures and extensions section of the code; that cleans up the language so it is easier to read going through "A" (procedure) and "B" (review standards) and "B 1" (maximum cumulative 500 square foot of floor area from historic transferable development rights or extinguishing unused floor area from other properties). Staff recommended approval. Gideon Kaufman introduced Alice Davis from Davis Hom Planning. Kauflnan said they were just cleaning up the language with no substantive issues or changes. Michael Wampler asked for clarification on the 500 feet coming from the house, Kaufman replied there were 2 options (1) purchase a historic TDR or (2) go to another free-market property in the City of Aspen and take the square footage off of that property and put it into a mandatory occupied ADU. No public comments. MOTION: Michael Wampler moved to approve Resolution #10-08 finding that the application for the code text amendments meets the applicable standards of review; seconded by Stan Gibbs. Roll call vote: Speck, yes; Bloom, yes; Wampler, yes; Gibbs, yes; Weiss, yes; Erspamer, yes. All in favor APPROVED 6-0. Discussion: Stan Gibbs asked what the difference was with an ADU and Carriage House. Kaufman replied that they are now referenced the same way (page 35 defines it the same way). Lasser stated it was basically a square footage issue; the carriage house was 800 to 1200 square foot and ADU was 300 to 800 square foot. CONTINUED PUBLIC HEARING: ASPEN CLUB CONCEPTUAL SPECIFICALLY PLANNED AREA LJ Erspamer opened the continued public hearing on the Aspen Club. Chris Bendon recused himself from the public hearing. LJ Erspamer stated that he organized the 3 groups that built the ARC; it didn't have the weight room or the aerobics room. Jessica Garrow mentioned 3 letters from neighbors in the packet and another letter from Peter C Meining added. Garrow noted there was a site visit at noon. Garrow 6 Aspen Planning & Zoning Commission Meeting Minutes -February 19, 2008 said that on March 4`h the issues of transportation, parking, factional unit components, the lock off scenarios, affordable housing as well as more depth in the architecture; tonight would be a conversation of the area and proposed site plan. Garrow provided a brief history beginning with appendix b exhibit 1, an overview of the original subdivision approved in 1976 with 161ots; lot 15 was where the club currently sits; lot 14A was designated a parking facility, across the river from lot 15, the club was access from that parking area via a walkway that goes over the river; lot 14 was intended to be a club facility. The club was built in 1977 and throughout the 70s and 80s there were some changes to the PUD that allowed an increase to the size of the club and also changed lot 14 into a single family lot; in the 1980s and 90s the owner, Dick Buetera, amended the PUD a number of times again and split lot 14 into 2 single family homes. Also at this time parking was added to lot 15 and the primary access to the club was moved to Ute Avenue instead of from Highway 82. Garrow said that lot 15 was zoned rural residential with a PUD overlay; lot 16 (the Benedict Building) was zoned rural residential with a PUD overlay and SPA overlay to allow commercial uses on the property; the rest of the subdivision is zoned R-15 PUD and includes single family homes and multi-family homes (Aspen Club Townhomes no relation to the club). The club currently includes 35 parking spaces on lot 14A, 56 spaces on lot 15, 5 outdoor tennis courts (1 under the bubble for winter use), the Aspen Club and Spa and an outdoor deck. There is an Aspen Club trail that traverses the property near the river and the 100 year flood plane is located immediately below the trail. Staff talked about benches; the upper bench contains the Aspen Club and the lower bench is essentially where the 4 tennis courts are located, which is proposed to be new fractional units. Garrow stated that the proposal retained the Aspen Club trail, it adds 12 affordable housing units, 19 timeshare units (13 of these timeshare units are stand alone townhouse units in 4 different structures and 6 are flats added on top of the existing building), a total of 42 parking spaces are proposed to be added to the current parking (133 spaces total with 35 spaces remaining on lot 14A and 98 spaces would be on lot 15). Garrow stated the reviews before the Planning Commission were all conceptual. Conceptual PUD, which allows changes to the dimensional requirements to the existing PUD, variances in 2 setbacks for the proposed affordable housing units, front yard setback requirement is 30 feet and this request is to amend that setback to 7 '/z feet and the east side yard the setback should be 20 feet and they are requesting to amend it to 3 feet. Conceptual Specially Planned Area (SPA) to permit the construction of affordable housing and timeshare units; an SPA enables a parcel to have different uses then are permitted in the underlying zoning. The third is Conceptual Timeshare review which is required when a timeshare 7 Aspen Plannins & ZoninE Commission Meetine Minutes -February 19, 2008 development is proposed. Conceptual Commercial Design Review is required at conceptual and final level at anytime a commercial or lodge project is proposed; this has a lodge component so therefore a commercial design review is required. Staff determined that this project should go through the small lodges area review because this is in a residential area. Staff is supportive of this general concept of healthy living facility and was a different exciting use and would be a good amenity for the community. There were some concerns regarding the architecture, transportation and parking elements, which will be discussed at the next meeting in more detail. Cliff Weiss asked for the terms of the Butera agreement. Sunny Vann replied the agreement was in the appendix. Garrow explained some of the exhibits in the application; the 1980 approvals permit the use of the Ute Avenue entrance. Sunny Vann introduced Chris Wright and Richard DeCampo from Poss Architects. Chris Wright identified the context of the neighborhood with a handout of drawings that shaped the project; he said that the neighborhood was pretty eclectic. Erspamer asked the lot size of the adjacent parcels. Garrow responded that she would get them for the next meeting. Richard DeCampo utilized the board drawings and the handout of drawings to show the different parts of the 5 acre site with the existing building and the access from Ute Avenue. DeCampo utilized sheet 2 from the packet to show the property line and setbacks, some setbacks were determined by the stream margin review criteria and the 100 year flood plane which was below the trail. DeCampo said that the proposed buildings were setback and there was a sewer easement through the property. DeCampo noted there had to be emergency access and the biggest were the fire department trucks. DeCampo said there were just a couple of places that could be developed because of site constraints. Erspamer asked if the hammerhead turnaround was big enough for emergency vehicles. DeCampo replied that if you don't go too far into the site that you were allowed to pull something in and back out to a turning radius. Vann showed more pavement for the access. Erspamer asked about the setbacks. DeCampo replied that the front yard setback was 30 feet and they were asking for 7 1/2 feet and a side yard was 20 feet and they were asking for 3 feet; if you look at the site for the surrounding area you are quite far back from the public areas. Stan Gibbs asked if they were cutting the corner of the building. DeCampo replied that was correct. 8 Aspen PlanninE & Zoning Commission Meeting Minutes -February 19, 2008 Vann said the only setback variance requests were those 2 setback points for the affordable housing and could be done within the setbacks themselves but it would significantly reduce the amount of housing that could be placed on the site. Vann said that backing up to the Silver Lining Ranch had no adverse impacts. Cliff Weiss asked how many parking spaces were there for the affordable housing. Vann replied the affordable housing parking spaces were based on the code at 1 per unit and they are providing those 12 spaces in the sub-grade garage to discourage the use of the vehicles, which would be a place to store the vehicles; there were 5 spaces in front of the affordable housing units which will be signed for temporary drop off or a timed period. Michael Wampler asked with the exception of those spaces if all the rest of the new parking would be underground. Erspamer asked about parking design. Vann replied the site design was why the parking was where it was. Vann reiterated what Jessica had said about the parking and added that Butera made a pitch that the parking was insufficient for the operation of a facility like that yet Council restricted and reduced the amount of parking as an attempt to limit vehicular traffic in the neighborhood. Vann said what was there today in parking spaces were 56 in the surface parking lot and 35 across the river; the new proposal the fractional ownership units require '/z space for each unit, all of these units have lock-outs with a total of 38 keys so the code requires 19 spaces that will be located in the sub-grade garage. Vann said the surface lot would be reduced to 40 parking spaces and changing the way it is laid out to improve circulation; the sub-grade garage includes 22 spaces for the club. Vann stated there were a total of 133 spaces with 53 spaces in the garage. Erspamer asked for the location of the hydrants. Vann replied that they were in the application on the improvement survey. Chris Wright said that Michael Fox was trying to create a project that addresses spending time together as a family and extended family; creating spaces from a building program by which an extended family can vacation together and spend time and take advantage of the opportunities that the Aspen Club has to offer. Wright said that our society was changing with people living longer and finding the opportunities to travel together; that was a big component to create a building program that allows this kind of activity to take place. Wright said there were a lot of different activities that this property has to accommodate. Wright said that they were approaching this on sustainability on a lot of different levels; sustainability in terms of energy usage to upgrade the existing building; the use of ground source geothermal, solar voltaic and a mixture of things to get the most efficient system that they can. Wright said the other aspect of sustainability was the construction of these units, the units themselves being energy efficient, the type of materials, the 9 Aspen Planning & Zoning Commission Meeting Minutes -February 19, 2008 quality of life, the quality of daylight and use of the site. Wright said there were constraints to this site and the next phase was to work with the topography of the site with the two benches on the site. Wright noted that they were sensitive to the area and applied for LEEDS development and they are in the pilot program because they are taking a site that is developed and they are recycling the site. Weiss asked how many apartments (flats) there were. Vann replied there were 6; 4 on the upper level. Erspamer asked if the growth management was on a point system. Garrow replied this would potentially play into the point system when they get to the growth management application; they will need growth management allotments for the affordable housing units after conceptual; the earliest would be August or this time next year. Erspamer asked if LEEDS was a requirement. Garrow responded that it was a way to get points in the competition for growth management allotments. Garrow presented the "sketch up" model of the project; the immediate context was used; the model was generated from wire frames taken from the 2004 fly over for the GIS Department. The wire frames are accurate with respect to height and grade that used 2 foot contours. MOTION: Cliff Weiss moved to continue the Aspen Club Conceptual SPA, PUD, Timeshare and Commercial Design Review to March 4`"; seconded by Brian Speck. All in favor APPROVED. Jackie Lothian, Deputy City Clerk 10 wnb TO: Mayor and Members of Council FROM: James R. True DATE: March 17, 2008 RE: Code Amendment Regarding Chapter 12.08 Of The Aspen Municipal Code, Solid Wastes, Wildlife Protection Attached for your consideration and review is a proposed Ordinance which, if adopted, would amend Chapter 12.08 Of The Aspen Municipal Code, Solid Wastes, Wildlife Protection. The Aspen Police Department has recommended this amendment to eliminate the requirement that wildlife proof containers be made only of metal. Currently, containers made of different materials provide equivalent or better protection. Also, this addresses the conflict in the use of the terms "wildlife proof' and "wildlife resistant". Present standards involve measuring the time in which the container is ab]e to resist the intrusion by the animal; thus, "wildlife resistant" is the more appropriate term. Also, the present code is inconsistent in its use of the two terms. This amendment corrects the inconsistencies by relying solely on the term "wildlife-resistant". Finally, the Community Safety Division of the Aspen Police Department believes that requiring the numbering of all refuse containers will aid in the enforcement of the provisions of this code. There is significant concern that this spring will see increased bear activity in town given the record snowfall. Although these changes do not significantly modify what has been used in the past, it is felt that as stronger containers are created, the changes will allow the City to adtppt quickly. Community Safety officials will be present at the public hearing to answer any questions you might have regarding the proposed ordinance. ACTION REQUESTED: A Motion to approve Ordinance No. ~, Series of 2008. ORDINANCE N0. (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 12.08 OF THE ASPEN MUNICIPAL CODE, SOLID WASTE, WILDLIFE PROTECTION. WHEREAS, Section 12.08 sets forth the requirements for refuse containers designed for the protection of wildlife; and WHEREAS, since the initial adoption of certain provisions of this code section, new ma- terialshave been produced and are available that afford additional security of the refuse con- tainers; and WHEREAS, certain inconsistencies exist in the present code in the use of the teens "wildlife-proof' and "wildlife-resistant",which make it unclear as to whether the more current equipment is allowed; and WHEREAS, the Community Safety Division of the Aspen Police Department believes that requiring the numbering of all refuse containers will aid in the enforcement of the provi- sions of this code; and, WHEREAS, the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. T°°''~°~~° -°m°~~°a'°°'~° • Text being added is bold and underline. Text being added looks like this. • Text which is not highlighted is not affected; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The City Council hereby amends Chapter 12.08 to read as follows: Sec. 12.08.010: Definitions. (2) Wildlife tN`Bef resistant refuse container means a fully enclosed container that can be constructed of aliable materials, but must be reinforced to deter access by wildlife. The container must employ a sturdy lid that has a latching mechanism preventing access to its contents by wildlife. Wildlife Resistant Containers must meet the standards of testing by the Living With Wildlife Foundation and approved by the Interagency Grizzly Bear Committee (IGBC) as bear resistant for 90 minutes or otherwise be approved by a City- designated official. ~ 11 , a , -~„..,:„~« ..:rl....,,er,.l 1:.1 Tl.,. ,:,1 .„ ...r 1.....e ,. 1 1,' 1, 1,' 1, ~ r.. tl.e ,...„re„r.. 1_.....:1.11:f ix1:1.11:C „ ..C «ef....e a vrxcnmcrsrixxcvcvc-u~rv~°v¢-rn'y'-E'scx~,y-a°c.,.y.» ., ...».. Sec. 12.08.020. Wildlife resistant refuse containers or enclosures required. A. Any refuse container, regardless of size, that receives refuse which is edible by bears or other wildlife shall be either: (1) An approved wildlife-resistant refuse container; or (2) A refuse container which is stored within a building, house, garage or approved wild- life-resistant dumpster enclosure. a 1. 1, r „rl.e r:r..~.. ~nxrur.F D«,.ro,.r:,,„ n a' r 'A..1:„e.... ,,,1.:..1. r > > 1. 111. .7 .1 .. ~„.]e.]F....„r:.„er..r:.„oh.,rl.e!`;r.~..>/„..:«..„.„e»r..l D..„..e«..«,.rl.e« r r > > .1 .] T1. ~~!' '.1 1:...,,,, ii ,.1.,,11 1..... ,.:l,.l.le F « « „.7 .. «,.1.,...e „r rL.e l~: r..~.. ~b b +• 1:„..:«..„.„e„r..l Tle..lrl. T.,«.. «r„.e„r EB. Any trash hauler who provides a refuse container to a city customer shall only provide wildlife-resistant refuse containers, wildlife-resistant dumpsters orwildlife-resistant poly carts, which meet the requirements set forth herein or is approved by aCity-designated official. lx7'lAl'C D n A' !` 'A 1' Sec. 12.08.030. Maintenance and operation of wildlife-}~ree€ resistant refuse containers and dumpster enclosures. D All refuse containers must have the street address and unit number permanently af- fixed to the container with digits no smaller than two inches in height. Section 2: 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 3. 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 4. Notice A public hearing on the ordinance was held on , 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 , 2008. ATTEST: Kathryn Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of _, 2008. ATTEST: Kathryn Koch, City Clerk Michael C. Ireland, Mayor APPROVED AS TO FORM: John Worcester, City Attorney MEMORANDUM VII G TO: Mayor and City Council FROM: Ben Gagnou, Special Projects Planner ~~ THRU: Chris Bendon, Director Community Development ~/~ DATE OF MEMO: March 17 2008 MEETING DATE: March 24, 2008 RE: Extension of SCI Moratorium First Reading of Ordinance No. ~; Series 2008 Second Reading scheduled for Apri128, 2008 REQUEST OF COUNCIL: If necessary, a six-month extension of the "SCI Moratorium" adopted under Ordinance No. 19, Series of 2006, as amended. Council is scheduled to discuss potential code amendments to the Service/Commercial/Industrial Zone District on March 24. If Council is able to come to a resolution on the SCI code amendments by the conclusion of the regular Council meeting on April 28, there would be no need to extend the moratorium. If there is no resolution on the subject by April 28, staff will request asix-month extension. BACKGROUND: Ordinance No. 19, Series of 2006, established a temporary moratorium on the acceptance of land use applications in various Zone Districts, and was adopted by Council on April 24, 2006, with an original termination date of October 31, 2006. On September 25, 2006, Council extended this moratorium until February 28, 2007. On February 28, 2007, Council extended this moratorium until May 31, 2007. On May 29, 2007, Council terminated this moratorium, with the exception of all properties within the Service Commercial Industrial (SCI) Zone District. Council extended the moratorium on land use applications within the SCI Zone District until November 30, 2007. On November 29, 2007, Council extended the moratorium for six months, with a termination date of May 29, 2008. DISCUSSION: Dating back to 2006, staff has held work sessions with the Planning and Zoning Commission and City Council, and has presented the results of extensive research into the history and trends within the SCI Zone District. As a general matter, the question of code amendments for the SCI Zone District has taken an extended period of time due to the fundamentally different characteristics of the separate and distinct properties within this Zone District, including Obermeyer Place, the "Puppy Smith" property on N. Mill and the "riverside" property on N. Mill. Other factors r~ have included the inherent complexity of the permitted and conditional uses within this unique zone district, and various other pressing priorities. RECOMMENDED ACTION: If Council has not adopted code amendments by the conclusion of the regular Council meeting on April 28, staff recommends that Council extend the moratorium established by Ordinance No. 19, Series of 2006, as amended, by six months to November 30, 2008. PROPOSED MOTION: "I move to approve Ordinance No ~ ~ Series of 2008," upon First Reading. CITY MANAGER COMMENTS: ORDINANCE NO~ (Series of 200 ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO ORDINANCE NUMBER 19, SERIES OF 2006, AND AS AMENDED PURSUANT TO ORDINANCE N0.23, SERIES OF 2006, AND AS AMENDED BY ORDINANCE NUMBER 38, SERIES OF 2006, AND AS AMENDED BY ORDINANCE NUMBER 3, SERIES OF 2007, AND AS AMENDED BY ORDINANCE NUMBER 20, SERIES OF 2007, AND AS AMENDED BY ORDINANCE NUMBER 47, SERIES OF 2007. WHEREAS, the City of Aspen (the "City") is a legally and regulazly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seq. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, §§29-20-101, et seg. C.R.S; and WHEREAS, the City Council of the City of Aspen enacted a temporary moratorium pursuant to Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, and as amended by Ordinance Number 38, Series of 2006, and as amended by Ordinance Number 3, Series of 2007; and as amended by Ordinance Number 20, Series of 2007; and as amended by Ordinance Number 47, Series of 2007; and, WHEREAS, Section 2 of Ordinance Number 2Q Series of 2007, extended the termination date of the moratorium adopted in Ordinance 19, Series of 2006, only for properties located in the Service Commercial Industrial (SCI) Zone District, to terminate on November 30, 2007; and WHEREAS, Ordinance Number 47, Series of 2007, extended the termination date of the moratorium adopted in Ordinance 19, Series of 2006, to terminate on May 30, 2008; and, WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allows for the termination date of the moratorium to be extended by City Council through the adoption of an ordinance; and, WHEREAS, the City Council reaffirms the reasons for implementing the moratorium, specifically that recent land use applications seeking Development Orders in vazious City Zone Districts do not appear to be consistent with the goals and vision as expressed by the 2000 Aspen Area Community Plan and aze having the following negative effects upon the community: • Recent development activity indicates potential negative impacts on the unique chazacter of the commercial uses of buildings and structures within the City of Aspen; and, Recent development activity indicates that locally serving businesses aze being negatively impacted, thereby losing an essential character of the City's commercial economy. WHEREAS, the City Council and the Community Development Department require an additional period of time in which to review all existing land use codes and regulations as they affect land use development in the SCI Zone District within the City of Aspen to ensure that all land use development proceeds in a manner that is consistent with the Aspen Area Community Plan; and WHEREAS, the City Council and the Community Development Department require an additional period of time in which to conduct a thorough analysis and assessment of the Land Use Code and regulations affecting the development of land within the SCI Zone District of the City of Aspen with particulaz attention to the long-term provision of an adequate number oflocally-serving businesses; and WHEREAS, the City Council and the Community Development Department require an additional period of time in which to investigate methods and procedures to insure the long-term health oflocally-serving businesses; and, WHEREAS, an extension of the moratorium termination date will enable a reasoned discussion of the desired chazacter and rate of development and redevelopment and consideration of amendments to the Land Use Code without creating a rush of development applications and the related impacts upon the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1-Extension of Moratorium Termination Date: The termination date of the temporary moratorium enacted through the adoption of Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, and as amended by Ordinance Number 38, Series of 2006, and as amended by Ordinance Number 3, Series of 2007; and as amended by Ordinance Number 20, Series of 2007, and as amended by Ordinance Number 47, Series of 2007, is hereby extended to terminate on November 30, 2008. Section 2 -Chanties to Moratorium: Ordinance Number 19, Series of 2006, as amended pursuant to Ordinance Number 23, Series of 2006, and as amended by Ordinance Number 38, Series of 2006, and as amended 2 by Ordinance Number 3, Series of 2007, and as amended by Ordinance Number 20, Series of 2007, and as amended by Ordinance Number 47, Series of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be construed to alter the substantive content of the above cited Ordinances, except as follows: • The termination date shall be extended as described in Section 1, above. Section 3• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5• The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: A public heazing on the Ordinance shall be held on the 28~' day of April, 2008, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which heazing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 7• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of March, 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this day of , 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor Approved as to form: John Worcester, City Attorney 4 r~ MEMORANDUM TO: Mayor and City Council FROM: Ben Gagnon, Special Projects Planner '~bl(~ THRU: Chris Bendon, Director Community Development V° "~ DATE OF MEMO: March 17, 2008 MEETING DATE: March 24, 2008 RE: Extension of Commercial Core Business Mix and Historic Interiors Moratorium First Reading of Ordinance No. ~ ~, Series 2008 REQUEST OF COUNCIL: A six-month extension of the "Commercial Core Business Mix and Historic Interiors" moratorium- adopted under Ordinance No. 51, Series of 2006, as amended. BACKGROUND: Ordinance No. 51, Series of 2006, established a temporary moratorium on the issuance of building permits in the Commercial Core Zone District, and was adopted on December 12, 2006, for asix-month period, originally scheduled to expire on June 12, 2007. This moratorium was extended and is currently scheduled to expire on June 12, 2008. Under this moratorium, staff has worked with a consulting team on potential code amendments with regard to the historic designation of interior elements, and with regard to the possible regulation of the mix of commercial uses. DISCUSSION: The issue of commercial mix was identified by the previous City Council in April 2006 as one of four areas of focus for the 151 Moratorium, adopted pursuant to Ordinance No. 19, Series of 2006. The public feedback process on this issue began with a public wireless keypad session at the Jerome Hotel in July 2006, when approximately 10 questions were posed on this particular issue. Although staff began to conduct research on commercial mix regulatory tools in the fall of 2006, and work sessions were held with the P&Z, Council and ACRA in the early spring of 2007, the press of other moratorium-related issues left little time to focus squarely on this highly complex issue. The 151 Moratorium expired on May 29, 2007, without code amendments being reviewed or adopted regarding commercial mix. However, the 2"d Moratorium, adopted pursuant to Ordinance No. 51, in December 2006, also identified commercial mix as an issue, and the prohibition on building permits in the Commercial Core Zone District effectively provided time to continue considering code amendment regarding commercial mix issues. Staff received general direction from the current Council in February of this year regarding commercial mix. Staff continues to work with a consultant in developing potential legislative options for City Council. A work session to review progress is currently scheduled for April 7`h. As a general matter, the public policy discussion on commercial mix has taken an extended period of time due to the highly complex nature of the problem, the sometimes experimental nature of the potential regulatory tools, and the time required to attend to various other pressing priorities. In the meantime, Council has adopted amendments to Ordinance No. 51 to ensure a reasonable measure of flexibility with regard to the issuance of building permits in the Commercial Core Zone District. With regard to potential code amendments on the historic designation of interior elements, staff has met with Council at a work session and has received sufficient direction to draft code amendments. These amendments have been reviewed by HPC and the P&Z and are currently waiting for review and recommendation by the Historic Preservation Task Force, as requested by City Council. Staff expects first reading of these code amendments will be ready for Council in the neaz future and that the moratorium could be lifted prior to December. RECOMMENDED ACTION: Staff recommends that Council extend the moratorium established by Ordinance No. 51, Series of 2006, as amended, by six months to December 12, 2008. PROPOSED MOTION: "I move to approve Ordinance No. ~, Series of 2008, upon First Reading. CITY MANAGER COMMENTS: ORDINANCE NO. (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING A TEMPORARY MORATORIUM ADOPTED PURSUANT TO ORDINANCE NUMBER 51, SERIES OF 2006, AS AMENDED PURSUANT TO ORDINANCE N0.2, SERIES OF 2007, AS AMENDED PURSUANT TO ORDINANCE NUMBER 26, SERIES OF 2007, AS AMENDED PURSUANT TO ORDINANCE NUMBER 37, SERIES OF 2007, AND AS AMENDED PURSUANT TO ORDIANNCE 46, SERIES OF 2007. WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and WHEREAS, the City of Aspen currently regulates land uses within the City limits in accordance with Chapter 26.104 et seg. of the Aspen Municipal Code pursuant to its Home Rule Constitutional authority and the Local Government Land Use Control Enabling Act of 1974, as amended, §§29-20-101, et seq. C.R.S; and WHEREAS, the City Council of the City of Aspen enacted a temporary moratorium pursuant to Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series of 2007, and as amended pursuant to Ordinance Number 26, Series of 2007, and as amended pursuant to Ordinance Number 37, Series of 2007, and as amended pursuant to Ordinance 46, Series of 2007; and, WHEREAS, Section 7 of Ordinance Number 51, Series of 2006, allows for the termination date of the moratorium to be extended by City Council through the adoption of an ordinance; and, WHEREAS, the City Council reaffirms the reasons for implementing the moratorium, specifically that recent land use applications seeking Development Orders in various City Zone Districts do not appeaz to be consistent with the goals and vision as expressed by the 2000 Aspen Area Community Plan and aze having the following negative effects upon the community: • Recent development activity indicates potential negative impacts on the preservation of the unique historic character of certain structures, including their interiors and current uses; • Recent development activity indicates potential negative impacts on the unique chaaacter of the uses of buildings and structwes within the commercial core of the City of Aspen; and, WHEREAS, the City Council and the Community Development Department require an additional period of time in which to review all existing land use codes and regulations as they affect land use development in certain Zone Districts within the City of Ordinance No. Page 1 Series 2008 Aspen to ensure that all land use development proceeds in a manner that is consistent with the Aspen Area Community Plan; and WHEREAS, the City Council and the Community Development Department require an additional period of time in which to conduct a thorough analysis and assessment of the Land Use Code and regulations affecting the development of land within certain Zone Districts of the City of Aspen with particulaz attention to the preservation of historic interior elements, and with particular attention to a diverse, healthy and vibrant mix of commercial uses; and WHEREAS, the City Council and the Community Development Department require an additional period of time in which to investigate methods and procedures to insure the preservation of historic interior elements, and to insure a diverse, healthy and vibrant mix of commercial uses; and, WHEREAS, an extension of the moratorium termination date will enable a reasoned discussion of the desired chazacter and rate of development and redevelopment and consideration of amendments to the Land Use Code without creating a rush of development applications and the related impacts upon the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section I -Extension of Moratorium Termination Date: The termination date of the temporary moratorium enacted through the adoption of Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series of 2007, and as amended pursuant to Ordinance Number 26, Series of 2007, and as amended pursuant to Ordinance Number 37, Series of 2007, and as amended pursuant to Ordinance 46, Series of 2007, is hereby extended to terminate on December 12, 2008. Section 2 -Chanties to Moratorium: Ordinance Number 51, Series of 2006, as amended pursuant to Ordinance Number 2, Series of 2007, shall continue in its full force and effect and nothing in this Ordinance shall be construed to alter the substantive content of Ordinance Number 51, Series of 2006; Ordinance Number 2, Series of 2007; Ordinance Number 26, Series of 2007; and Ordinance Number 37, Series of 2007, and as amended pursuant to Ordinance 46, Series of 2007, except as follows: • The termination date shall be extended as described in Section 1, above. Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance No. _, Page 2 Series 2008 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: The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6• A public hearing on the Ordinance shall be held on the 14s' day of April, 2008, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 7• This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24a' day of March, 2008. Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this Michael C. Ireland, Mayor day of Attest: Kathryn S. Koch, City Clerk 2008. Michael C. Ireland, Mayor Approved as to form: John Worcester, City Attorney Ordinance No. Page 3 Series 2008 vnt a MEMORANDUM TO: city Council FROM: Tom McCabe THRU: Bentley Henderson DATE: March 24, 2008 RE: PAYMENT-IN-LIEU INCREASE SUMMARY: The City Council and the Boazd of County Commissioners discussed this request for an increase in the payment-in-lieu at a Joint Worksession held February 5, 2008 and due to the increasing costs of land and construction, recommended approval to increase the payment-in-lieu requirement. This request is the formal approval for the increase. City Council approved Ordinance No. ~~' (Series of 2008) at ls` Reading at their regular meeting held Mazch 10, 2008 and scheduled 2"d Reading and Public Hearing for March 24, 2008. BACKGROUND: The payment-in-lieu (PIL) fee has not kept up with the fast changing cost of construction and land. In order to better reflect the real cost of building affordable housing the Housing Board is recommending a substantial increase to the current payment-in-lieu fee. Staff concurs that the current PIL assessment needs to be substantially increased. In 2000, the PIT. fee was a flat fee of $104,757.89, and was based on three recent construction projects -Snyder, Juan Street and Benedict Commons. Based on a formula that states that for every 3,000 square feet of new single-family or duplex floor area, the public will be required to provide housing for one moderate (average Category 2 and 3) income employee which equates to a per square foot payment of $34.92. In 2001 was the last time the actual costs of construction and land were researched and the PTL was increased. At that time, the costs were readdressed not only for construction, but also for land, and the PTL fee was based on each existing category (Category 1 through 4), with the per square foot cost increased to $61.11. The 2000 Guidelines were the only iteration that used a flat fee not associated with categories. APCHA went back to a fee differing by category in 2001, to more accurately reflect the cost to subsidize a specific unit at a specific category. More recently, when the County Tax Assessor was asked how they assess a property's worth, they stated that they used the Building Departments classifications. The Building Department said they have three levels of squaze footage chazges: 1) The "deed restricted" rate is at $125 per square foot; 2) the "good value" rate at $350 per squaze foot and 3) the "top quality" rate at $500 per square foot. Page 1 In the July 24, 2007 Aspen Daily News, one of the front-page articles had the headline "Building estimates are too low" and building official Tony Fusazo is quoted as saying, "There seems to be a natural inclination to snow the building department" because building permits don't come cheap and the current process provides a built in incentive to use a low estimate. In the same article Chris Bendon, the Aspen Community Development Director, stated that "We fully expect that there is some gamesmanship in the numbers" because contractors and developers pay a fee for building permits based on their own estimates and their own declarations of a projects value. John Laatsch, in the Asset Management Department, says the costs at Burlingame, not including land but including infrastructure costs, were at $318 per squae foot even considering the economies of scale for 84 multi-unit homes. The PIL was increased by CPI or 3%, whichever was less, since 2001. The current PIL is as follows: Category 1 $256,532 Category 2 $214,633 Category 3 $202,517 Category4 $126,420 The fee required for the construction of an exempt single-family home or duplex unit shall be calculated as follows: Average of the Category 2 and Category 3 payment-in-Lieu fee as specified above, divided by 3,000 square feet X the net increase in FAR of the new structure will equal the payment-in-lieu payment for replacement structures. The formula assumes that for every 3,000 square feet of new single family or duplex floor area, the public will be required to provide housing for one moderate income employee. Currently, that amount is $214, 633 + $202,517 =2 = $208,575 =3, 000 = $69.53 per square foot of new structure. Construction costs and land costs have dramatically increased over the last five yeazs. According to the most recent sales figures for Aspen, land is selling at a premium. Land costs in Aspen are azound $150 to $470 per sq. ft. (an average would be azound $305 per squae foot). AspenWalk, who purchased the Werning property for a joint project with APCHA, paid $708 per square foot. Construction costs, according to Wodehouse Builders Inc. are up to around $450 to as high as $660 per square foot. Copper has increased by 300% over the last few years and concrete is up to $550 per square yazd and labor is increasingly more expensive to obtain. Another example, the huge, mixed use Obermeyer project was completed in 2006 at azound $230 per square foot. This price did not include out of pocket costs for a variety of land parcels and an abandoned street that were contributed by the city and adjacent landowners. Burlingame Ranch is being constructed today for about $318 per square foot (not including land), an increase of about 38% in one year. The $318 per square foot cost for Burlingame Ranch was based on 2005 prices. If one only considers a 25% increase to reflect rising costs, the price would be about $400 per square foot. Page 2 The Housing Boazd reviewed the information and suggested an additional 20% for soft costs. Therefore, if you take the land cost at $305 per squaze foot, add the construction cost of $400 per square foot and the 20% soft cost, a total cost per square foot would be $846. Utilizing the $846 per square foot cost and that one unit utilizes 1,000 square feet of land, $846,000 would be needed to construct a unit. The 1,000 square feet is utilized to take into consideration common azea, parking, etc. The Guidelines state that atwo-bedroom unit mitigates at 2.25 FTE's; therefore, the current PIL fee at Category 3 for 2.25 FTE's would be $455,663, a shortage of $390,337, or $156,135 per FTE. The maximum sales price for a Category 3two-bedroom is $175,000, requiring a subsidy of $671,000. Therefore, Staff is recommending increase: Category 1 Category 2 Category 3 Category 4 an increase of 80%. Following would be the fees with the $461,750 $386,340 $364,530 $227,550 The fee required for the construction of an exempt single-family home or duplex unit shall be calculated as follows: Average of the Category 2 and Category 3 payment-in-lieu fee as specifeed above, divided by 3, 000 square feet X the net increase in FAR of the new structure will equal the payment- in-lieu payment for replacement structures. The formula assumes that for every 3,000 square feet of new single family or duplex floor area, the public will be required to provide housing for one moderate income employee. Currently, that amount is $386,340 + $364,530 =2 = $375,435 =3,000 = $125.15 per square foot of new structure. To readdress this each year, Staff will reseazch actual land costs and construction costs every November by starting with a base cost for land and construction as follows: Land $305 per square foot Construction $400 per square foot Soft Costs Additiona120% Staff recommends that the cash-in-lieu fees be increased by 80% and that the methodology used to readdress these fees will be done yearly by researching the MLS, Assessor's Office, Building Department to garner current values for land and construction costs and increasing (or decreasing) by the appropriate amount for that year. Regarding all payment of fees, Staff recommends that all payment of fees be based on those required at the time of building permit (not at the time of approval for the project). RECOMMENDATION: City Council approves Ordinance No. ~ (Series 2008), An Ordinance Amending the Aspen/Pitkin County Affordable Housing Guidelines Part VII, Section 12, Affordable Housing Dedication Fee as Recommended by the Aspen/Pitkin County Housing Authority Board of Directors. Page 3 Recent City Purchases: BMC West Purchase Price: $18.25 million Size: 4.64 acres Land subsidy: $90.29 per square foot 488 Castle Creek Purchase Price: $5.4 million Size: 35,895 square feet Land subsidy: $150.44 per square foot (newspaper reported $410) 517 Park Circle Purchase Price: $4.105 million Size: 14,458 square feet Land subsidy $288.93 per square foot (newspaper reported $311) Roueh Breakdown of estimates BMC West prouertv Land cost Demolition Access improvements Development, professional fees Site development Construction Landscaping Permits and fees TOTAL EXPENSE Anticipated sales revenue Net expenses Subsidy per unit $18,250,000 $854,600 $5,000,000 $5,768,100 $2,003,760 $32,045,000 $200,376 $1,000,000 $65,121,836 $18,988,000 $46,133,836 $461,338 if 100 units constructed Page 4 ORDINANCE NO. S (Series of 2008) AN ORDINANCE AMMENDING THE ASPEN/PITHIN COUNTY AFFORDABLE HOUSING GUIDELINES, PART VII, SECTION 12 AFFORDABLE HOUSING DEDICATION FEE AS RECOMMENDED BY THE ASPEN/PITHIN COUNTY HOUSING AUTHORITY BOARD OF DIRECTORS WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the Housing Income, Eligibility Guidelines and Housing Price Guidelines aze to be established by the City Council; and WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council established Employee Housing Income-Eligibility Guidelines and Housing Price Guidelines for prior years; and WHEREAS, the Aspen/Pitkin County Affordable Housing Guidelines ("Guidelines) recommended by the Boazd of Directors of the Housing Office of the City of Aspen and Pitkin County, a copy of which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the Housing Office qualification guidelines for Category 1, 2, 3, 4, 5, 6, 7 and Resident Occupied (RO) ownership, rental housing projects, lodge and commercial development, and development of residential housing units; and WHEREAS, the City Council desires to adopt said Guidelines, and by virtue of the enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the City pertaining to housing guidelines, but only to the extent inconsistent with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTI'Y OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby adopts the amended change to Part VII, Section 12, Affordable Housing Dedication Fee (Payment-In-Lieu Fee) of the Aspen/Pitkin County Affordable Housing Guidelines, as recommended by the Board of Directors of the Aspen/Pitkin County Housing Office, as stated below: SECTION 12 AFFORDABLE HOUSING DEDICATION FEE (Payment-In-Lieu Fee) 1. Pursuant to the applicable City or County Land Use Codes, an applicant for a development may, under certain conditions and subject to certain requirements, satisfy the affordable housing requirement by payment of an affordable housing dedication fee (payment-in-lieu fee). The number of employees (affordable housing residents) required to be housed is detemuned by the Employee Generation schedules contained in the applicable City and County Codes, or included herein. The time of payment of the fee is prior to the issuance of a building permit. Acceptance of the payment- in-lieu fee shall be at the sole discretion of the respective governing body at the recommendation of the Housing Office. 2. All County fees shall be paid to the Pitkin County Finance Director and all City fees shall be paid to the City Finance Director. A receipt shall be issued by the Finance Director to the applicant for submission to the Community Development Director as verification of payment, with a copy of the receipt supplied by the developer to the APCHA prior to issuance of a building permit. The number of employees generated will be dictated by the applicable City and County codes or included herein. The City and County Codes will prevail in any conflict between the Guidelines and the Codes. The Employee Generation Table is included in the City Code for the specific zone districts. Payment-In-Lieu Fee: Category 1 Category 2 Category 3 Category 4 $461,750 $386,340 $364,530 $227,550 The fee required for the construction of an exempt single family home or duplex unit shall be calculated as follows: Average of the Category 2 and Category 3 payment-in-lieu fee as specified above, divided by 3,000 square feet X the ne[ increase in FAR of the new structure wiU equal the payment-in-lieu payment for replacement structures. The formula assumes that for every 3,000 square feet of new single family or duplex Jloor area, [he public will be required to provide housing for one moderate income employee. Currently, that amount is $386,340 + $364,530 _ 2 = $375,435 = 3,000 = $125.15 per square foot of new structure. When any other payment-in-lieu fee is required and the category is not specified, an average of Category 2 and 3 will be used to calculate the amount owed. r . ~~~~ 3/24/08 5 To: City Council Members From: Tim Semrau RE: Change in mitigation formula Council Members; I believe it is very important for the city's housing program that the city accurately research, quantify, and document fee changes to the affordable housing program. I believe the staff research justifying the 80% increase is seriously flawed for the following reasons; 1. Please note three attached letters from three builders of Affordable Housing units in the area. Each of these builders is currently constructing affordable units or has done so in the past year. Please note the highest cost of the three is$255 per Square foot. Staff estimates construction at $400 per square foot without any documentation to show anyone has ever paid anything close to that figure, including the city. 2. Staff estimates land cost at $305 per square foot. The city's 2007 purchases listed in the memo totaled 255,592 SF of land for $27.7 million, or a 2007 average of $108 per Square foot of land. Why isn't's actual cost of land in 2007 the mitigation figure? How can the city use its most expensive per square foot figure, on a tiny piece of land in the city, to justify a program wide parameter? 3. Soft costs of 20% per square foot, a number nobody in the industry pays. In summary, the staff memo stating affordable housing costs $785 per square foot and an 80% increase in housing fees is not justified by current industry reality. I urge you to engage an independent consultant to spend a few hours researching current costs in a depressed construction industry. The planned expansion of the housing program will require millions of dollars from the public. Please show the citizens of Aspen you have every intention of transparent, accurate, independently verified facts when increasing fees by millions of dollars. It is essential to the future of the program citizens believe in the fairness of the city. Hopefully, Tim Semrau THEODORE K OUY ASSOCIATES PC ARCHITECTS ANO STRUCTURAL EN0INEERS March 24, 2008 To Whom It May Concern: We have been involved with the design and construction of affordable housing since 1976 and the Midland Park employee housing development. We are currently in construction on three housing developments, two in Snowmass and one in Carbondale. The two projects in Snowmass, both multifamily are being constructed by General Contractors at $203/ sf and $2131 sf respectively. In Carbondale detached singe mi homes are being constructed for less than $150 per square foot. Multifamily units are approximately $1351 sf. ~-~- All the development use off site construction techniques so their costs will not be is gnificantly higher in the Aspen area. None of the costs listed above include land, roads, sewer, and similar infrastructure expenses. They also do not include soft costs for financing or professional services. I would be happy to sit down with the housing office to assist them in creating accurate cost information. Sincerely urs ~~ Theodore uy, AIR, PE President Theodore K Guy Associates PC 23280 TWO RIVERS ROAD P O. BOX 1640 BASALT. COLORA00 81621 ~9~0~ 9273167 FAX (9]O) 92]4613 www.ckBe.neo 3/21/08 To: Aspen City Council From; Tim Semrau Semrau Building & Design Gentlemen, As a licensed general contractor for the last 30 years and a builder of scores of units of Affordable Housing, I was very interested in the City's memo quantifying costs for new AH units in the Aspen Area. Last year I built two Category for Sale units in the Cemetery Lane area. These units were by far the most expensive I've ever built, including in floor hot water heat, wood flooring, granite countertops, a fireplace and upgraded finishes everywhere. The cost of these units was $255 per Square Foot. I would be happy to show you these units and my budget if you are interested. T s ~,~~~ Tim Semrau 68 Trainor's Landing • Aspen, Colorado 81611 970-925-6447 • Fax 970-925-6437 Page ] of 1 Tim Semrau From: Peter Gluck [pgluck@gluckpartners.com] Sent: Tuesday, March 18, 2008 1:36 PM To: tsemrau@sopris.net Mr. Tim Semrau 68 Trainors Landing Aspen, Colorado 81611 March 18, 2008 Dear Tim, This is to provide you with information relative to our construction costs on our recently completed Little Ajax affordable housing project in Aspen. The total project hard cost inclu 'ngthe buildinoc rking areas, elevated walkways, landscaping, mine waste rock mitigation, utilities et was $ 175.00 er square foot. Area of elevated walkways, covered parking and ground level storage was coun e a only 50% o area of totally finished spaces. This number includes construction management fees as well. As you know the project was closely supervised and followed by the city of Aspen which I think was more than satisfied with our construction means and methods and more importantly the overall quality of the project. For your reference, Mr. Steve Bossart was the person assigned to follow the project of the City of Aspen. We received a warm letter of thanks from Mayor Helen Klanderud at the conclusion of the project. In addition, the project received and AIA award of merit from AIA New York City (perhaps the most sophisticated AIA chapter in the country), and a National AIA Green Building award of excellence. I would be glad to help with any further information. Sincerely yours, Peter L. Gluck Peter L. Gluck and Partners Architects /ARCS, Architectural Construction Services, Inc. 3/18/2008 Vql b MEMORANDUM TO: Mayor Ireland and City,Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: Second Reading of Ordinance #50, Series of 2007, Code Amendment to Municipal Code Section 26.480.030, Subdivision Exemptions DATE: March 24, 2008 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 new free market residential unit on the same site as a 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 the two units on a designated, residentially zoned site could be separated onto individual, fee simple lots, rather than 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, the lot split is 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. Without the lot split as a viable option, the redevelopment may take on the form of larger proposed additions to historic structures, rather than splitting the development rights into smaller, detached, and perhaps individually owned structures. There are a Few parcels on Main Street, such as the one at 202/208 W. Main (Aspen Home Consignment and Salon Tulio), that are already fully developed and would like to separate ownership through lot split, but cannot do so if the purpose must be to create a new single family home. As another example, if the open lot to the east of Main Street Bakery were proposed for redevelopment in the future, a lot split for mixed use development would likely be preferable to a single family house. 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. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 1 REVIEW PROCESS: According to Section 26.310.020, in order to amend the Code, there must be a public heazing and recommendation from the Planning and Zoning 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 (minutes attached.) The review criteria for code amendments are 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 s'.:, Amend Section 26.480.030.A.2 to read as follows: 2. Lot split. The split of a lot for the purpose of *"° a°~ °'°~~~°~' ~F°~°''°`°""°'' °'~°'° F '1 ^ 11' 1,.. F,.....,°,7 1... 1,.. ..~I:. .. ,,.,.°,7 ....1.~°,.,,°.,r r., T~T..~r°....1.,.. 1^ ~7, creating one (1) additional development parcel 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 Mazch 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 aze 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 ~ . ^'~-~-o;~(-°o~. 26.470.060. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under [he 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 teens 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. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 2 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 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 ~~~°I° c ..,n.. a°.°n:~^ buildin occupies a site which is eligible for a lot split, the dwelling buildin¢ need not be demolished prior to application for a lot split. g. Maximum potential residential 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 for *"° a°°°,°~~.°~' ..F°~° ~° :~^'° ~ ~,:I~. dwelling the purpose of creating one (1) additional development parcel. The Historic Landmark Lot Split shall meet the requirements of section 26.480.030(A)(2) and (4), °,..:,... ~~ non n~nin~ and section 26.415."~ 110(A1 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'-°~r;r -°~-r~denc~ each new lot shall be established by dividing the sire allowable floor area for a duplex or two detached residences on a€ the fatherine parcel and-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 propert}_Is redeveloped with any allowed uses other than single family or duplex residential, refer to the zone district for allowable FAR on each lot. T 1. nFF .J' 1. F lvriviv'xilg- 1. 1°'~PP1T~,• al. ..I.,,.1°v;° °F ~arocncc~rlr-i Sr[c o [I['c c ................ .. Fl F 1 ..... °...°a sl.«......T, rT,° 1.:.....«:., I.,...T..,.,«L lnr ~~l:r T~T..t .., „Y.......,.., tt, >, I r n D w II t,° ~«,.«°a °~ .t.° c„t,T:. .. n~° ...:,.., Dl°. t.° 11RL f[IC w. .:.•:.. rr, nn..cp .,,. ... ..............._ .,....._...... _.._ ... _.. __._„____ ~._____r _____ _ __. _____.__ .~ TF n 1. 'la'~°~ ,. ...l.,.t . ...l,° F al.°«:., ,. ~ ..°1 «° .. d...l L. « ~;dea:..l ° rl. fl 'I1 1. .1 ' 1, D ~ .7' I / FF 1. t, 11 a Fl F 1, 1 1. 11 1... L... FI ,...« LAND USE CODE AMENDMENTS STAFF REPORT PAGE 3 Il A F 11 1. 1. ..:,1,... a:..l :.. al.e -. a .J:..a«:..a 7F al.., ...i:..,. o..a ..el ,. e.,aeA 1.., al.e L.a ..«I:a « .. 1...11..: ..:Av«a:..l a al. e.. a6o FI ....« ., e e a6.,a ....1 ..L...11 1.,. 1:....:avA a.. al.e ... .,11.....oA .. .. L.a .,F :fc iF 1, '..1 /,.FF.,.... .. l...al... .,.1.... ,...a,.,A l..a~ al,e «. ... Fl....« F I1 1, A.,... .,:,Je«a:.,l :.. al,o ~ o .l:..a..:,.a ...:11 ~Me ..««l: e.l 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~I-contains a historic structure. 'T''~°--. 1...«..~ ...:I1 l,e .,..«l:e.l a.. rl.o .......:.......... CAD ..Il..., e.7 ..« al,e ..«:..:...,1 ...,«..el Only one (1) FAR bonus of uu to 500 square feet may be ¢ranted, allocated between the newly created parcels in a manner approved by HPC. 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 #50, Series of 2007, on Second Reading." Attachments: Exhibit A: Amendments to the Land Use Code -Staff Findings Exhibit B: Planning and Zoning Commission minutes of October 16, 2007, recommending that Council approve amendments to the Municipal code related to historic preservation. LAND USE CODE AMENDMENTS STAFF REPORT PAGE 4 ExxtelT A Amendments to the Land Use Code Section 26.310 040 -Standards for Review of an Amendment to the Text of Title 26: In reviewing an amendment to the text of this Title or an amendment to the official zone district map, 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 i3 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: D00S It 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 ]t 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: Does 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. STAFF FINDING: Does it Com l ? YES LAND USE CODE AMENDMENTS STAFF RF,PORT 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: Does 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: D00S It Comply? 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: DOGS iY Comply? 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 CODF. AMENDMENTS STAEP REPORT PAGE 6 ORDINANCE N0. 50 (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 "'°~°" "°"'"""'' '""'" ',,;~;T •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 welfare. 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 for the purpose of creating one (1) additional development parcel 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. f. 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 residential 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 for the purpose of creating one (1) additional development parcel. 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 area 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) aze only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted, allocated between the newly created parcels in a manner approved by HPC. 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 sepazate, 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 heazing on the ordinance was held on the 24th day of Mazch, 2008, 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 26th day of November, 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: John Worcester, City Attorney Aspen Planning & Zoning Commission Meeting Minutes -October 16, 2007 MOTION.• Jim DeFrancia moved to approve Resolution #25, series 2007 approving a substantial PUD Amendment and Change-In-Use Growth Management Review for the conversion of Condominium Meeting Space in Building 2 to Commercial Space at 133 Prospector Road pursuant to the language proposed by staff. Seconded by Cliff Weiss. Roll eaCl vote: Speck, yes; Bloom, yes; Gibbs, yes; Weiss, yes; DeFrancia, yes; Erspamer, yes; Johns, yes. All in favor, APPROVED 7-0. Discussion: Erspamer said with all of the beams in this space it would not be a very good meeting room; he supported the conversion. PUBLIC HEARING: CODE AMENDMENT WITH REGARDS TO HISTORIC LOT SPLITS Dylan Johns opened the public hearing. Amy Guthrie said there was interest in designated historic properties and the people who were being designated were calling out for a more workable solution for them; this code amendment was about trying to make one of our existing preservation benefits the best and most valuable that it can be for people in the mixed use zone district. Guthrie explained in the early 1970s the city merged adjacent lots that were in the same ownership so the original historic townsite lots were 30'x100' and if one family owned 31ots in a row then the city said the family owned one 9000 square foot lot. Guthrie said the result from a preservation point of view was miner's cottages were located on some pretty large parcels, which lead to some of the bustle additions or additions that were criticized because the additions overwhelmed the historic buildings. In the late 1980s the city tried to start directing development in another way if you were a historic property you could have 2 houses on one lot and tried to break it up into separate buildings. In the 1990s it went one step further by saying the historic lot could be lot split so there were two fee simple properties. In 2005 this was expanded to the office zone district, which was primarily Main Street from an HPC interest; there were a few other pockets of that zone district throughout the city. Guthrie said that one of the criteria that held over into the Main Street area was for the purpose of creating a single family house. Guthrie stated the objective of keeping Main Street Office Zone District placed disincentives on single family homes by loosing FAR. Guthrie stated in the mixed use zone district the language to be stricken was that section of the criteria that says that a historic landmark lot split has to be for the purpose of creating a single family lot; they would like to have the mixed use zone district to be able to use whatever permitted uses were possible. Guthrie said that the FAR would not change if they did no lot split at all. 5 Aspen Planning & Zoning Commission Meeting Minutes -October 16, 2007 Stan Gibbs asked for more of a narrative about what does this really mean in the staff memos. Guthrie responded that the first section in the land use code that they were amending was within the subdivision chapter and it describes how someone would get permission to do a lot split and the specific criteria. Guthrie said the second section was specific to historic landmark lot splits and lays out which zone district that can be accomplished in; the development rights was only allowed the development rights that the fathering parcel had. Cliff Weiss stated that he was a visual person. Dylan Johns asked when there were specific zones it would help to identify the areas. LJ Erspamer asked if this was the final step. Guthrie replied this was a recommendation to City Council. Erspamer asked if this had anything to do with heights or FAR formula. Guthrie replied no, it did not increase any development rights that already exist. Erspamer made some grammatical changes to the Resolution. No public comments. MOTION.• Jim DeFrancia moved to approve Resolution #29, series 2007recommending that Council approve the amendments to the Municipal Code related to historic preservation as amended and corrected; seconded by Cliff Weiss. Roll call vote: Gibbs, yes; Bloom, yes; Speck, yes; Erspamer, yes; Weiss, yes; DeFrancia, yes; Johns, yes. All in favor, APPROVED 7-0. Adjourned 5:40 pm. ~., ckie Lothian, eputy City Clerk 6 ~", MEMORANDUM TO: Mayor and City Council FROM: Ben Gagnon, Special Projects Planner ~ " THRU: Chris Bendon, Community Development Directot/W -I Y i MEMO DATE: March 17, 2008 MEETING DATE: March 24, 2008 G RE~ Code Amendments in the Service/Commercial/Industrial Zone District -Ordinance No. ~, Series 2008 - 2"d Readin>: LAND USE REQUESTS AND REVIEW PROCEDURES' Staff is requesting the following from City Council: Determination if aonlication to amend code text meets Standards of Review pursuant to Land Use Code Chapter 26.310.040 Standadds of Review. PROJECT SUMMARY: Please note that the proposed ordinance and this memo have been changed somewhat since the ordinance submitted at 1 s` Reading. Staff believes this version will be easier to read and understand, and addresses some issues identified by Council at ls` Reading. Staff held a work session with Council last summer that outlined the history of the SCI Zone District since 1975, including a list of businesses operating in the district at different times over the last 30 + years, to show use trends in the azea. Staff is including these documents as Exhibit B and Exhibit C. The historical overview demonstrated that the SCI Zone District is limited to commercial uses that tend to generate limited rental revenues -and if given a choice, the free market would not "choose" these small business park-style uses. The result has been continual pressure in this district to allow a wider choice of uses. One instructive example was the allowance for architects to locate in this district in the late 1980s as "Artist Studios," and the subsequent proliferation of architects in the district. The Council established a Design Studio use in 1999, but placed a 9,000 square-foot cap on this use to prevent further proliferation. The economic reality of this zone district is that opening the door to new uses may attract businesses that can financially outcompete more traditional SCI uses for space. For example, if general office space were suddenly allowed in the district, the chances of retaining a Laundromat in the long-term would likely be lessened. This economic phenomenon creates underlying complexities for this unique district. For example, there may be differing opinions on the actual demand for commercial space by traditional SCI uses: some might argue the demand is low, others might argue that rents or sale prices might be set too high to accommodate them. At the same time, a range of business types would like to locate in the SCI district because of high commercial rents in other parts of town. During a work session with Council last summer, Council's general direction was to maintain a strict list of uses that favor the retention of traditional SCI uses. The code changes recommended by staff in this memo follow that direction. While staff is recommending the allowance of Medical Office uses in the district on a limited basis, the rules governing the Medical Office use would actually create an incentive to provide a certain "base amount" of SCI space in a redevelopment scenario. Staff is also recommending that Medical Offices, and Design Studios, should be located in azeas of the district where traditional SCI uses aze not likely to locate - thereby preventing the medical and architectural uses from outcompeting more traditional SCI uses. Staff is recommending numerous code text amendments to the Service/Commercial/Industrial Zone District (Section 26.710.160). Many of them are minor amendments in the area of housekeeping and clarity. Several proposed code text changes are of a more substantial nature. STAFF COMMENTS' Staff typically submits a "clean" Ordinance for Council consideration. However, the nature of code text amendments presents a somewhat more complex review procedure. Staff has enclosed an Ordinance demonstrating code changes by using strilghs for removed code text and blue shading to denote new code text recommended by the Community Development Director. Each proposed code change is accompanied by a numbered red box in the Ordinance that correlates with a numbered red box in the left column of this explanatory staff memo. Staff suggests setting the Ordinance side-by-side with the memo and using the red boxes to track the changes in code language with staff's explanation. On Jan. 29, 2008, the Planning and Zoning Commission approved Resolution No. 5 by a 6-0 vote [See Exhibit A.] The P&Z made several adjustments to staff's recommended code changes for the SCI Zone District. In the Ordinance proposal to Council, staff has adopted some of the P&Z adjustments as staff recommendations, but not others. This memo will reference all of the P&Z's recommendations, and whether staff supports them or does not support them. Under B Permitted Uses. Striking the language "no more than 25% of the floor area," and replacing it with, "a limited percent ... " is a change for clarity. There are a set of SCI uses that aze allowed to use 100% of space for retail, showroom and reception, another set of SCI uses that aze allowed 25%, and a new section that would allow 10%. Under B(1)a "Interior finishes" were added to allow for tile, drapes and related items consistent with hazdware store offerings. Staff believes interior finish items are consistent with the rest of 1(a). Under B(llc, the inclusion of motor-driven cycles is intended as an update to encompass new types of vehicles. Staff believes this use is consistent with the SCI district. 2 Under B(1)d, the repair, service and rental of bicycles and kayaks etc. is a service commercial use, and remains a service when it is offered in conjunction with guiding and touring. There has been a rental bike shop at the Puppy Smith SCI parcel for more than a decade. Under B(2)a + g, staff is recommending moving the building/landscape maintenance facility and caz wash uses from a permitted use that may feature up to 25% of space for retail, showroom etc. to permitted uses that may include up to 10% of space for retail, showroom etc., considering the limited retail and showroom area required by these uses. These two uses are now listed under B(3) a + b. Under B(2)h + i, the P&Z recommended updating the "Catalogue sales store," which is no longer a commercial use that is found today, and allow for internet auction consignment, which is the modern equivalent. Internet auction consignment stores take in items and provide a service that places them for auction on the Internet. Staff agrees that since this is not intended as an on- site retail use, it is appropriate for the SCI district. Under B(21m, the P&Z recommended moving the Artist's Studio use from a permitted use to a conditional use, considering that the Artist Studio uses most consistent with the SCI District would be artistry involving ceramics, sculpture etc., which may have an impact on neighboring uses that should be considered. The SCI Zone District has a conditional use section, but it is intended to allow for an adjustment in the amount of retail space at a particulaz site, and to set a standard for how residential uses should be accommodated on the site. It does not serve as a typical conditional use review, which often focuses on the intensity of uses with regard to impacts on neighbors. Because of the difficulties already faced by preserving these small business park uses in this azea, and existing standazds that encourage residential uses to be sepazated from commercial uses in this district, staff sees no reason to change this approach. Under B(2)n, staff believes this is an opportunity to begin reversing some of the mistakes of the past. In the late 1970s, a martial arts studio moved to the district at a time when it was not a permitted use. The City ultimately decided to list it as an allowed use, lazgely because it was already there, not because it is a service commercial use anticipated when the district was formed. Martial arts is essentially an educational use. Over time, businesses that considered themselves in the same general category of martial arts, such as yoga teachers or fitness trainers, pressured the City to allow them to locate in the district as well In 1999, the City added "rehearsal or teaching studios for the creative arts and/or martial arts ..." Since that time, many businesses that don't quite fit this definition have asked to be included in the district. Staff believes this is a classic example of the SCI district opening a door to a new use, then seeing the door being pushed further to a wider array of uses, and diluting the nature of the service commercial district. Staff believes the appropriate step is to eliminate this item entirely, including martial arts - as it was never an appropriate use for this district. Under B(2)r, staff recognizes there is a current issue with regard to the definition of "brewery and brewing supply." Staff is willing to concede that the language in the code that governs this use is sufficiently loose that someone might interpret it to allow them to run a baz-style operation. On the other hand, staff strongly believes that the SCI district was not intended as a location for bars and restaurants - it was established as a small business park for businesses like auto repair, welding, motorcycle sales and laundromats. One approach to this quandary is to allow the current applicant (Aspen Brewing Co.) to move forwazd with their bar-style operation without limitation aside from a closing time that would be earlier than a traditional bar. At the 3 same time, staff strongly supports a code amendment that significantly tightens up the language for "brewery," limiting this use to the manufacture of beer and ale, and the sale of these products on a limited portion of the site, with either no on-site alcohol consumption, or a strict tasting limit. Aspen Brewing Co. has submitted its own request for a code amendment to the SCI Zone District, attached as Exhibit B. Under B(2)u, Design Studio uses have been allowed since a code text amendment was adopted in 2000. This amendment in 2000 acknowledged that such uses had existed for some time in the SCI district, after architect Harry Teague gained permission to move into the district in the mid- 1980s by arguing that his carefully crafted architectural models qualified his business as an Artist's Studio. In 1999, Council approved a code text amendment that established a 9,000 square foot cap on Design Studio uses due to concerns that architectural offices can pay higher rents than more traditional service commercial companies, and would ultimately outcompete such businesses in the zone district. This floating cap is a difficult zoning enforcement cap, as businesses relocate within the district and/or expand. Staff believes Design Studio uses should be limited to the Andrews-Mcfarlin Subdivision parcel. The subdivision is a long and thin, metes and bounds parcel directly adjacent to the Roaring Fork River to the east, and directly adjacent to the arterial N. Mill St. to the west. The pazcel was included in the SCI Zone District when the district was established in 1975, at a time when it was common practice across the United States to locate industrial and light industrial uses directly adjacent to rivers, and at a time when N. Mill St. was not an arterial roadway. Since 1975, the City of Aspen has enacted strict regulations governing the use of properties adjacent to rivers, known as Stream Margin Review, and N. Mill St. has evolved into an arterial roadway. Because of the shape of the parcel and the characteristics of neighboring sites, the Andrews-Mcfarlin Subdivision parcel has a limited functional capacity to support businesses that store, service, repair, rent, sell, onload and offload material goods. As a result, few such businesses have located at the site over the years, and it is not a parcel where such traditional SCI businesses tend to compete for space. Staff believes that Design Studio uses are more appropriate for this parcel than most other permitted uses in the SCI district. In fact, to allow Design Studio uses only at this parcel prevents Design Studio uses, which tend to generate more revenue than more traditional service commercial businesses, from out-competing more traditional service commercial businesses at other sites. Under B(2)v,w,x,y. this is a "housekeeping item. Staff is proposing to move these permitted uses to more appropriate sections. Staff is proposing to move B(2)v: "Wharehousing and storage" out of the section that allows for 25% of space to be used for retail and showroom etc., and into the section allowing 10% of space for retail and showroom etc. Staff is proposing to move B(2)w: "Service yard accessory to a permitted use," B(2)x: "Sales and rental accessory and incidental for a permitted use," and B(2)y: "Accessory buildings and uses" to a new section, B(5) that encompasses "Permitted accessory uses." 4 Under "Non SCI Uses Permitted," staff is deleting the existing Design Studio use, with its 9,000 squaze foot floating cap in favor of allowing Design Studio uses on the Andrews-McFarlin pazcel only, as explained above. Under B(3)a-d, these items were relocated from section B(2) above and consolidated under this new category because they aze uses that do not need a significant azea for retail, showroom or reception. Rather than allowing for 25% retail space, these uses aze limited to 10% retail space. Under B(4)a, staff is recommending the addition of a Medical Office use. Staff has become increasingly aware that office space in general has become increasingly difficult to find at affordable rates in the City. Past discussions have included allowing general office uses in the SCI district. Staff is opposed to allowing general office uses, as the district was never intended for this purpose, and many office uses aze not necessazily locally-serving. However, medical offices tend to be almost exclusively local-serving, and they represent a different category of use from the perspective of a municipality that is primazily chazged with maintaining the public health and welfare. Staff believes that maintaining medical offices in close proximity to the core business district and high-density population areas of any municipality is a basic element of "community chazacter." Staff recognizes the reality of upcoming redevelopment in the SCI district, and recognizes that there is likely to be a substantial amount of space available on upper floors that tend to be difficult spaces for traditional SCI uses to locate in. At the same time, staff does not want medical offices to compete with more traditional SCI uses. Staff believes Medical Office uses should be viewed as an "add-on" use rather than a core, traditional SCI use. This "add-on" concept for Medical Office space was part of the Obermeyer Place COWOP review in 2004, when AVH was interested in about 9,000 squaze feet of space at the site. The square footage was in addition to the SCI Commercial Uses that were to be entirely replaced at the site, and was an acceptable concept to the COWOP Task Force and the Council at that time. When the AVH plan was not implemented due to financial reasons, the additional square footage was removed from the site plan. Under Section D(11)b + d, there are additional changes to the code regarding Floor Area Ratio that both incentivize SCI space, incentivize Medical Office space, and limit the amount of Medical Office space. You will find the staff explanations under "red boxes" #21 and #22. Under B(5)a-d, this code text amendment is intended for clazity. Various accessory uses had previously been listed under Section B(2), allowing for 25% retail and showroom space. Staff felt it more appropriate to establish a section listing specific accessory uses. Under B(5)e, staff is proposing to define offices as an accessory use, adding B(5)e, "Offices, not to exceed 10% of the commercial unit." Previously, "offices" had been included in the language defining the percentage limit of retail, showroom and reception space. Staff is proposing to remove the word "office" from Section B(1) and 12), as follows: / B(1): SCI Uses which may use up to 100% of the floor area for retail sales e€fiEes showroom, or customer reception: 5 / B(2)• SCI Uses which may use in combination un to 25% of the floor azea for accessorv retail sales, Af€tEeS; showroom or customer recention• In practice, some businesses had tried to interpret these sections as allowing for substantial amounts of office space that were tangential to the underlying use. By identifying "office" as an accessory use, the message is clearer that office space is accessory to the primary use. Under C. Conditional Uses, in the first and second paragraph, these are housekeeping changes to improve code citations. Under C. Conditional Use, in the third pazagraph reading, "Under Section 26.710.160(C)4-5, ..." the purpose of this additional language is to require land use applicants to show that commercial and residential uses aze separated enough to prevent future conflicts and to insure that commercial uses can function properly. Part of the community feedback regarding Obermeyer Place is that the commercial elements at the site are somewhat hidden and somewhat dominated by residential uses. Staff agrees with this assessment. Staff is also concerned that when SCI-type uses are in close proximity to residential users, complaints from residential users could adversely affect the commercial users. This additional special review requirement for housing means that applicants must address this issue. A specific conditional use standard proposed to meet this concern can be found under Section F(2) Conditional Review Standards below. The staff explanation can be found under "red box" #24. Under C(8), City Council requested that staff remove the provision allowing an "ancillazy residence" in conjunction with an Artist's Studio. Staff agrees that such free mazket housing space will easily outcompete Commercial Uses for much-needed space. To the degree that free market housing is allowed, it should be tightly controlled. In the Floor Area Ratio section below D(11), free mazket housing is controlled by tying it to the establishment of substantial space for Commercial Uses and Medical Office uses. Further, staff believes that it will be problematic to decide who is an "artist" and who is not. The motivation to open an "Artist Studio" in order to get a free market unit would be high. Under D(71, this item reflects basic requirements for utility/trash recycling areas. Under D(8), staff recommended removing one of the options that would allow an applicant to add 5 feet in height to the 35-foot limit. Staff recommended removing the option under D(8)a that additional height may be approved if a development attains a minimum of .75:1 FAR of SCI uses. Staff believes the additional five feet of height as an incentive is no longer needed due to new incentives related to Floor Area Ratio under D(11) below. See "red boxes" #20 and #21 below for further explanation. Staff recommended retaining the incentive to add 5' in height in order to provide a taller first floor to accommodate SCI-style uses. The P&Z recommended that the ability to gain an additional 5 feet in height -from 35' to 40' - should be removed entirely. The P&Z agreed that a 40-foot building seemed too tall for these areas of town. Staff does not concur with this recommendation. Staff believes that Section E(1) Special Review Standards is sufficient in requiring the applicant to show the additional height will be applied to the first floor to accommodate SCI uses and not for residential purposes, and the applicant is further required to show the "appropriateness of the additional height and 6 massing considering the context in which the building will be developed." Staff believes there are areas of the SCI district featuring topographical characteristics that may be conducive to somewhat taller structures. Under D(11), the total cumulative FAR would increase from 2:1 up to 2.25:1. Staff believes this is the highest practicable amount of space that could be built at SCI pazcels. Staff is proposing to add the same language that Council added to other commercial zone districts last year, stating that the highest possible cumulative FAR is not an entitlement, but is subject to a variety of factors. Under D(il)b, the code text amendment would require that .75:1 FAR be devoted to SCI Commercial Uses before .25:1 FAR of Medical Office Uses can be approved. The intent is to require a substantial amount of space to be used for traditional SCI uses, and only then to include Medical Offices as an "add-on" to the district. During consideration by the P&Z, staff explained that the .75:1 FAR minimum for SCI uses does not exist today on any of the SCI parcels, and therefore Medical Offices would not currently be allowed in the SCI district. The P&Z sought to find a method for allowing some limited amount of Medical Offices in the SCI district today, and recommended that 15% of each building in the SCI district should be available for use as Medical Offices. Staff does not support this recommendation because staff believes Medical Offices may tend to outcompete other more traditional SCI uses. Under D(11)d, this section pushes applicants to develop a baseline amount of SCI commercial uses by requiring a .75:1 FAR for Commercial Uses before .25:1 FAR of free mazket residential uses is permitted. Medical Offices aze encouraged by increasing the free mazket FAR to .5:1 if the full .25:1 FAR of Medical Offices aze built as well. Although Medical Office uses might allow for higher lease rates and would therefore be attractive to developers, staff is proposing this additional incentive to encourage developers to go through the challenging work of designing a site plan that can accommodate a higher FAR while needing to provide adequate space for commercial circulation and separation from residential uses. Under D(12), this section mimics other commercial zone districts, where the code limits the size of free market units in order to increase density and social vitality. The Commercial Core and C- 1 districts have a 2,000 square foot limit, while the Neighborhood Commercial District has a 1,500 square foot limit. Staff believes that 2,000 squaze feet is appropriate for the SCI district to allow for the financial engine of free market residential space. One of the reasons this limit was established was to prevent extremely large residential units controlled by a single entity that could exert pressure on adjacent commercial uses or even buy out adjacent commercial uses to improve their residential enjoyment. Under E. Special Review Standards, this deletion simply removes the portion of the Special Review Standard that allows for applicants to gain an additional 5 feet of height if they attain a .75:1 FAR of SCI uses, as noted above under "red box" #18. Under F Conditional Review Standards, this section was added for clarity and to rectify an oversight in the existing code. The current code does not specify a conditional use review standard for conditional uses that must establish a specific percentage of space allowed for retail, office, showroom and reception. Section F(1) provides this criteria. 7 Under F(2), this section provides the criteria for the Conditional Use of Affordable Multi- Family Housing and Free-Market Multi-Family Housing, in an effort to sepazate residential uses from commercial uses on specific sites with the district, as discussed above at red box #15. Under Section 26.104.100 -Definitions, staff is proposing a definition of Medical or dental office as provided. RECOMMENDATION: Staff recommends approval of this application for various code text amendments to the S/C/I Zone District. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE~: "I move to approve Ordinance No. ~, Series of 2008, finding that the application for code text amendments meets the applicable Standards of Review." ATTACHMENTS: EXHIBIT A -Planning and Zoning Resolution No. 5, Series of 2008 Exhibit B -Aspen Brewing Co. proposal to amend the SCI Zone District 8 ORDINANCE No. (Series of 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL, ASPEN, COLORADO, DETERMIPTING THAT AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.160 -SERVICE COMMERCIAL INDUSTRIAL (SCI) ZONE DISTRICT, MEET APPLICABLE STANDARDS OF REVIEW. WHEREAS, on Apri125, 2006, the City Council of the City of Aspen enacted asix-month temporary moratorium on land use applications in the Residential Multi-Family (RMF); Residential/ Multi-Family (R/MFA); Commercial Core (CC); Commercial (Cl); Service Commercial Industrial (SCI); Neighborhood Commercial (NC); Mixed-Use (MU); Lodge (L); Commercial Lodge (CL); Lodge Overlay (LO); Lodge Preservation Overlay (LPO) Zone Districts of the City of Aspen, due to persistent concerns that the rate and character of development activity in the City of Aspen was having a negative impact upon the health, peace, safety, and general well- being of the residents and visitors of Aspen, and that recent land use applications did not appear consistent with the 2000 Aspen Area Community Plan; and, WHEREAS, the City Council directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code related to the above-named zone districts, pursuant to sections 26.208 and 26.212; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, on June 26, 2006, the City Council enacted Ordinance Number 23, Series of 2006, approving amendments to the six-month temporary moratorium, and establishing additional exemptions to the temporary moratorium; and, WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allowed for the termination date of the moratorium to be extended by City Council through the adoption of an ordinance; and, WHEREAS, on September 25, 2006, the City Council enacted Ordinance Number 38, Series of 2006, extending the temporary moratorium until February 28, 2007; and, WHEREAS, on February 28, 2007, the City Council enacted Ordinance Number 3, Series of 2007, extending the temporary moratorium until May 31, 2007; and, WHEREAS, on May 29, 2007, the City Council enacted Ordinance Number 20, Series of 2007, extending the temporary moratorium until November 30, 2007, only for properties within the Service Commercial Industrial Zone Districts; and, WHEREAS, on October 29, 2007, the City Council enacted Ordinance Number 47, Series of 2007, extending the temporary moratorium until May 30, 2008; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the Service Commercial Industrial Zone District, as described herein; and, WHEREAS, the proposed amendments encourage a greater social vitality of service commercial azeas, support for service commercial businesses that without the SCI Zone District would likely relocate out of town and increase vehicle trip- generation by locals seeking needed services, long-term sustainability of the local economy that depends upon the services provided by businesses in the SCI district, the provision of affordable housing that could be utilized as a live-work opportunity, the continued provision of medical services to local residents in close proximity to the core business district and high-density population areas, and generally encouraging a more balanced permanent community ;and, WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan, which in part calls for: • The focusing of growth towards already developed areas and away from undeveloped areas surrounding the city by intensification of land uses within the downtown. The retention of existing commercial and lodging uses. • The rejuvenation of aging commercial properties. • The development ofmixed-use buildings with housing opportunities for locals. • The development of affordable housing in locations supported by the "Interim Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP). • A balance between the community and the resort aspects of Aspen. • The long-term sustainability of the local social and economic conditions; and, WHEREAS, there are several distinct geographic parcels of different shapes and topographical characteristics within the SCI Zone District, and these different parcels have a range of neighboring parcels with different characteristics, and the differing natures of these parcels within the SCI Zone District may be appropriate for different kinds of uses within the District; and, WHEREAS, the Andrews-McFarlin Subdivision within the SCI Zone District is along and thin, metes and bounds parcel directly adjacent to the Roazing Fork River to the east, and directly adjacent to the arterial N. Mill St. to the west; and, 2 WHEREAS, this parcel was included in the SCI Zone District when the it was established in 1975, at a time when it was common practice across the United States to locate industrial and light industrial uses directly adjacent to rivers, and since 1975, the City of Aspen has enacted strict regulations governing the use of properties adjacent to rivers, known as Stream Margin Review; and, WHEREAS, Design Studio uses identified as permitted uses in the SCI Zone District are more appropriate for the Andrews-McFarlin pazcel than most other permitted uses in the SCI Zone District, which generally feature the servicing, repair, rental and limited retail offerings of material goods including the space needed to store, service and onload/offload material goods; and, WHEREAS, the unique nature of the Andrews-McFazlin pazcel includes a limited functional capacity to support such uses; and, WHEREAS, the Community Development Director recommends that Design Studio uses should be encouraged in specific areas of the SCI Zone District where most other, more traditional permitted SCI Commercial uses are not likely to compete for space; and, WHEREAS, during a duly noticed public hearing on January 29, 2008, the Planning and Zoning Commission found that the amendments met or exceeded all applicable standards pursuant to Chapter 26.310, and recommended that City Council approve amendments to the text of the Service Commercial Industrial Zone District, as described in Planning and Zoning Commission Resolution No. 5, Series of 2008, by a 6-0 vote; and, WHEREAS, during a duly noticed public hearing on March 10, 2008, the Aspen City Council reviewed the recommendations of the Community Development Director and the Planning and Zoning Commission, and the City Council found that the amendments met or exceeded all applicable standards pursuant to Chapter 26.310, and approved amendments to the text of the Service Commercial Industrial Zone District, as described herein, by a vote; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. WHEREAS, the amendments to the Land Use Code are delineated as follows: Text being removed is strikethrough. T°°* w°:~^ _°-~°-•°a ,... ~°~^~•-~°~a°':^~ ^e .w° E~evelep,:.er:t~~estc~~r leelfs li}~e-Fki~ New text being added by recommendation of the Community Development Director looks like this. Text which is not highlighted is not affected; and, NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY .COUNCIL as follows: 3 Section 1: Section 26.710.160 -Service/Commercial/Industrial (SCI) Zone District, which section regulates development within the Service/Commercial/Industrial Zone District, shall read as follows: 26.710.160 Service/CommerciaUlndustrial (SCI). A. Purpose. The purpose of the Service/Commercial/Industrial (SCI) zone district is to preserve and enhance locally-serving, primarily non-retail small business azeas to ensure a more balanced permanent community; to protect the few remaining such small business pazks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or customer reception areas. The SCI zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes, and permits customary accessory uses. B. Permitted Uses. The following uses are permitted as of right in the Service/Commercial/Industrial (SCI) zone district. Each of the permitted uses may have, in combination, ~ ~-~ •"~« ~coi ,.r«l.o ~,..,._ .,_e., a limited percent of the floor area, as noted below, devoted to retail sales, ef€tet~ showroom, or customer reception, and such uses shall be ancillary to the primazy commercial use. This floor area percentage may be increased through Special Review by the Planning and Zoning Commission, pursuant to Section 26.430.050, and according to the standards of Section 26.710.160(E)2. 1) SCI Uses which may use up to 100% of the floor area for retail sales, ,.rte showroom, or customer reception include the manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such as: a)Building materials, components, hazdwaze, fixtures, interior finishes and equipment. b)Household appliances such as ranges, refrigerators, dishwashers, etc. ^ c)Automobiles and motorcycles, Motor-driven cycles, and Motorized bicycles, including parts. d)Non-motorized vehicles such as bicycles and river-related recreational items, for rental or in combination with a service use related to guiding or touring. e)Fabric and sewing supply. 2) SCI Uses which may use, in combination, up to 25% of the floor area for accessory retail sales, s€€tEe~ showroom, or customer reception including the manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as, electronic equipment; floral arrangements, furniture; clothing; or sporting goods: b) Typesetting and printing, including copy center. c) Photo processing laboratory. 4 d) Locksmith. e) Post Office branch. f) Shipping and receiving services. .. ~~. i) Internet auction consignment outlet j) Laundromat. k) Commercial dry cleaning. 1) Recycling center. m)Artist studio. n) D L 1 1,' a' r 4L.n nn4:. .. «F ...w: nl n«4n .:41. 1.1' F aTl.' nl.nll :4« ., /..:I~r ~..4.~,7:,.«1...4 nl.:l.:4 ~Ae,7: n.,1 r~ ~ ~a r o) Veterinazy clinic. p) Animal boarding facility. c~ Animal grooming establishment. r) Brewery and brewing supply s) Coffee roasting and supply. t) Commercial Kitchen or Bakery. u) Design Studio, limited to the Andrews-McFarlin Subdivision. .\ RIn«nh ro...:NR n«A n4....n rte \ c n«A n .. 4,. n ..,~.:44od__„moo \ c 1 .7 1 n „a :,7n..4n1 4.. _ as„tied ...~~. ,\ A n........n«.. 1...:1.7:.... ~...] . 4l. A' .1 enA O !1!1!1 .. n F e4 ~ u,..,,n ,. „~~L r.~oixac-v^vvapa~.o..~. SCI Uses which may use in combination up to 10% of the floor area for accessory retail sales showroom or customer reception: a) Building/landscape maintenance facility. b) Automobile washing facility. c) Warehousing and storage. 4) Office Uses ~ennitted: a) Medical Offices, on Upper Floors, pursuant to Section 26.710.160 (D)ll(b). 51 Permitted Accessory Uses: a) Service yard accessory to a permitted use. b) Sales and rental accessory and incidental to a permitted use. c) Accessory buildings and uses. d) Home occupations. e) Offices, accessory to a permitted or conditional use, not to exceed 10% of a commercial unit. C. Conditional uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district, subject to the ~ procedures established in Chapter 26.425.050 Procedures for Review, and the standards established in Section 26.710.160(F). Under Section 26.710.160(C)]-3, the Commission shall establish the appropriate amount of floor area to be devoted to retail sales, office, showroom, or customer reception for each conditional use during the review, pursuant to the review standards of Section 26.710.160 (F)1. Under Section 26.710.160(C)4-5, the Commission shall review the site plan to determine compliance pursuant to the review standards of Section 26.710.160(F)2, and establish conditions of approval as needed. 1. Consignment retail establishment. 2. Commercial Parking Facility, pursuant to Section 26.515. 3. Gasoline service station. 4. Affordable Multi-Family Housing on Upper Floors. 5. Free Market Multi-Family Housing on Upper Floors D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district: 1. Minimum lot size (squaze feet): 3,000 2. Minimum lot azea ner dwelling unit (squaze feet): No requirement. 3. Minimum lot width (feet): No requirement. 4. Minimum front vazd setback (feet): No requirement. 5. Minimum side vazd setback (feet): No requirement. 6. Minimum rear yard setback (feet): No requirement. 7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060. 8. Maximum heisht: 35 feet, which may be increased to 40 feet through one of the following options: n c ~G nzn ncn a ,a' ,.... ,t,.. ,......a.._a,. ,.t' c,.,,.:,.., a ~ ~t n t Gni \ 'C ..f ~c.t >;t,.,... n.o~ n s car . :..... 6 a) An additional 5 feet of total height may be approved, pursuant to Special Review, Section 26.430.050 and according to the standards of Section 26.710.160(E)1, to increase first floor ceiling height. 9. Minimum distance between buildings on the lot (feet): No Requirement. 10. Pedestrian Amenity Snace: Pursuant to Section 26.575.030. 11. Floor Area Ratio (FAR): The following FAR schedule applies to uses cumulatively up to a total maximum FAR of ~ 2.25: ] . Achieving the maximum floor area ratio is subject to compliance with applicable design standards, view plane requirements, public amenity requirements and other dimensional standards. Accordingly, the maximum FAR is not an entitlement and is not achievable in all situations. a) Commercial Uses: 1.5:1. b) Medical Offices: .25:1 FAR, only if a minimum of .75:1 FAR of Commercial uses exist on the same parcel. c) Affordable Multi-Family Housing:.5:1. d) Free-Market Multi-Family Housing:.25:1, only if a minimum of .75:1 FAR of Commercial Uses exist on the same parcel. Free-Market Multi- Family Housing:.5:1, only if a minimum of .75:1 FAR of Commercial Uses exist on the same parcel, and a minimum of .25:1 FAR of Medical Office Uses exist on the same parcel. 12. Maximum multi-family residential dwelling unit size (square feet): 2,000 sq. ft. of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing Historic Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: (1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is purchased. (2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. ft. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). (3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary: Refer to Chapter 26..535 for the procedures fr~r extinguishing eerlificates. 7 E. Special Review Standards. Whenever the dimensional Sandazds of a proposed development within the SCI Zone District are subject to Specia] Review, the development application shall be processed as a Special Review, pursuant to Section 26.430.050, and shall be approved, approved with conditions, or denied based on conformance with the following criteria: 1. To increase the allowable height the applicant shall demonstrate the need for additional height, the appropriateness of the additional height and massing considering the context in which the building will be developed, and shall demonstrate consistency with the purpose of the SCI Zone District. Five (5) feet of additional height may be approved ~'' ''"' "'"" ° "F mac., ~ ~ n "F ear ,.....:..".... ~...,,. ~, to increase the usable floor-to-ceiling height of the ground floor. The height increase shall not be used to accommodate additional ceiling height for residential uses. Only one five-foot height increase may be approved, even if both development options are taken. 2. To increase the allowable percentage of interior space assigned to retail, showroom, or customer reception azea, the applicant shall demonstrate the need and appropriateness for such additional space and shall demonstrate consistency with the purpose of the SCI Zone District. The additional approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. F. Conditional Review Standards. 1. To establish the allowable percentage of interior space assigned to retail, showroom, or customer reception area, the applicant shall demonstrate the need and appropriateness for the space and shall demonstrate consistency with the purpose of the SCI Zone District. The approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. 2. The applicant must demonstrate that the affordable housing and/or free market housing is substantially removed and physically separated from Commercial Uses on the same parcel, to the extent practicable, so as to isolate residential uses from commercial impacts and to adequately provide for on-loading, off-loading, circulation and parking for commercial uses. Section 2: Section 26.104.100 -Definitions, which section defines various terms, shall include as follows: Medical or dental office: An office of practitioners of the medical arts, where the primary use is the delivery of health care services on an outpatient basis, where sale of merchandise is incidental to the sale of services, and where no overnight accommodations are provided. 8 Section 3: A public hearing on the Ordinance was held on the 24th day of March, 2008, at 5 p.m. in the 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 25"' day of February, 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Chair FINALLY, adopted, passed and approved this _ day of , 2008. Approved as to form: City Attorney RESOLUTION No. 5 (Series of 2008) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN, COLORADO, DETERMINING THAT AMENDMENTS TO THE FOLLOWING CHAPTER AND SECTION OF THE CITY OF ASPEN LAND USE CODE OF THE CITY OF ASPEN MUNICIPAL CODE: 26.710.160 - SERVICE COMMERCIAL INDUSTRIAL (SCI) ZONE DISTRICT MEET APPLICABLE STANDARDS OF REVIEW. WHEREAS, on Apri125, 2006, the City Council of the City of Aspen enacted asix-month temporary moratorium on land use applications in the Residential Multi-Family (RMF); Residential/ Multi-Family (R/MFA); Commercial Core (CC); Commercial (C1); Service Commercial Industrial (SCI); Neighborhood Commercial (NC); Mixed-Use (MU); Lodge (L); Commercial Lodge (CL); Lodge Overlay (LO); Lodge Preservation Overlay (LPO) Zone Districts of the City of Aspen, due to persistent concerns that the rate and chazacter of development activity in the City of Aspen was having a negative impact upon the health, peace, safety, and general well- being of the residents and visitors of Aspen, and that recent land use applications did not appear consistent with the 2000 Aspen Area Community Plan; and, WHEREAS, the City Council directed the Planning Director of the Community Development Department to propose amendments to the Land Use Code related to the above-named zone districts, pursuant to sections 26.208 and 26.212; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval, approval with conditions, or denial by the Community Development Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations; and, WHEREAS, on June 26, 2006, the City Council enacted Ordinance Number 23, Series of 2006, approving amendments to the six-month temporary moratorium, and establishing additional exemptions to the temporary moratorium; and, WHEREAS, Section 7 of Ordinance Number 19, Series of 2006, allowed for the termination date of the moratorium to be extended by City Council through the adoption of an ordinance; and, WHEREAS, on September 25, 2006, the City Council enacted Ordinance Number 38, Series of 2006, extending the temporary moratorium until February 28, 2007; and, WHEREAS, on February 28, 2007, the City Council enacted Ordinance Number 3, Series of 2007, extending the temporary moratorium until May 31, 2007; and, WHEREAS, on May 29, 2007, the City Council enacted Ordinance Number 20, Series of 2007, extending the temporary moratorium until November 30, 2007, only for properties within the Service Commercial Industrial Zone Districts; and, WHEREAS, on October 29, 2007, the City Council enacted Ordinance Number 47, Series of 2007, extending the temporary moratorium until May 30, 2008; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the Service Commercial Industrial Zone District, as described herein; and, WHEREAS, the proposed amendments encourage a greater social vitality of service commercial areas, support for service commercial businesses that without the SCI Zone District would likely relocate out of town and increase vehicle trip- generation by locals seeking needed services, long-term sustainability of the local economy that depends upon the services provided by businesses in the SCI district, the provision of affordable housing that could be utilized as a live-work opportunity, the continued provision of medical services to local residents in close proximity to the core business district and high-density population areas, and generally encouraging a more balanced permanent community ;and, WHEREAS, the amendments proposed herein are consistent with the Aspen Area Community Plan, which in part calls for: • The focusing of growth towards already developed areas and away from undeveloped areas surrounding the city by intensification of land uses within the downtown. • The retention of existing commercial and lodging uses. • The rejuvenation of aging commercial properties. • The development ofmixed-use buildings with housing opportunities for locals. • The development of affordable housing in locations supported by the "Interim Aspen Area Housing Plan Guidelines" (incorporated as part of the 2000 AACP). • A balance between the community and the resort aspects of Aspen. • The long-term sustainability of the local social and economic conditions; and, WHEREAS, there are several distinct geographic parcels of different shapes and topographical characteristics within the SCI Zone District, and these different parcels have a range of neighboring parcels with different characteristics, and the differing natures of these parcels within the SCI Zone District may be appropriate for different kinds of uses within the District; and, WHEREAS, the Andrews-Mcfarlin Subdivision within the SCI Zone District is along and thin, metes and bounds parcel directly adjacent to the Roaring Fork River to the east, and directly adjacent to the arterial N. Mill St. to the west; and, 2 WHEREAS, this parcel was included in the SCI Zone District when the it was established in 1975, at a time when it was common practice across the United States to locate industrial and light industrial uses directly adjacent to rivers, and since 1975, the City of Aspen has enacted strict regulations governing the use of properties adjacent to rivers, known as Stream Margin Review; and, WHEREAS, Design Studio uses identified as permitted uses in the SCI Zone District are more appropriate for the Andrews-Mcfazlin parcel than most other permitted uses in the SCI Zone District, which generally feature the servicing, repair, rental and limited retail offerings of material goods including the space needed to store, service and onload/offload material goods; and, WHEREAS, the unique nature of the Andrews-Mcfazlin pazcel includes a limited functional capacity to support such uses; and, WHEREAS, the Community Development Director recommends that Design Studio uses should be encouraged in specific areas of the SCI Zone District where most other, more traditional permitted SCI Commercial uses are not likely to compete for space; and, WHEREAS, during a duly noticed public hearing on January 29, 2008, the Planning and Zoning Commission recommended that City Council approve amendments to the text of the Service Commercial Industrial Zone District, as described herein, by a 6-0 vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. WHEREAS, the amendments to the Land Use Code aze delineated as follows: Text being removed is strikethrough. T • '' ~ °°~•"°°''°''''° th-~• Text being added is green: "text being added looks like this (blue). Text to which the Planning and Zoning Commission made changes from the staff proposal looks like this (green). Text which is not highlighted is not affected; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: 3 Section 1: Section 26.710.160 -Service/Commercial/Industrial (SCI) Zone District, which section regulates development within the Service/Commercial/Industrial Zone District, shall read as follows: 26.710.160 Service/CommerciaUIndustrial (SCI). A. Purpose. The purpose of the Service/Commercial/Industrial (SCI) zone district is to preserve and enhance locally-serving, primarily non-retail small business areas to ensure a more balanced permanent community; to protect the few remaining such small business parks historically used primarily for light industrial uses, manufacturing, repair, storage and servicing of consumer goods, with limited retail, showroom, or customer reception areas. The SCI zone district contains uses that may not be appropriate in other zone districts or do not require or generate high customer traffic volumes, and permits customary accessory uses. B. Permitted Uses. The following uses are permitted as of right in the Service/Commercial/Industrial (SCI) zone district. Each of the permitted uses may have, in combination, '- ""0~ "' "~~r r.:ec a limited percent of the floor area, as noted below, devoted to retail sales, offices, showroom, or customer reception, and such uses shall be ancillary to the primary commercial use. This floor area percentage may be increased through Special Review by the Planning and Zoning Commission, pursuant to Section 26.430.050, and according to the standards of Section 26.710.160(E)2. 1) SCI Uses which may use up to 100% of the floor area for retail sales, ^F showroom, or customer reception include the manufacturing, repair, servicing, detailing, sales, and rental of consumer goods such as: a)Building materials, components, hardware, fixtures, interior tinishes and equipment. b)Household appliances such as ranges, refrigerators, dishwashers, etc. ^ c)Automobiles, Motorcycles, Motor-driven cycles, and Motorized bicycles, including parts. d)Non-motorized vehicles such as bicycles and river-related recreational items, for rental and/or in combination with a service use related to guiding or touring. e)Fabric and sewing supply. 2) SCI Uses which may use, in combination, up to 25% of the floor area for accessory retail sales, ,.F~ showroom, or customer reception including the manufacturing, repair, alteration, tailoring, and servicing of consumer goods such as, electronic equipment; floral arrangements; furniture; clothing; or sporting goods: ~ a :ia:..,.n.,.,a..,.....e.., .,,e,,.,.,....r,,,.:i:.., b) Typesetting and printing, including copy center. c) Photo processing laboratory. d) Locksmith. e) Post Office branch. 4 f) Shipping and receiving services. .~ . h) Catalogue sales store or Internet auction consignment outlet. i) Laundromat. j) Commercial dry cleaning. k) Recycling center. 1` ^~. (see conditional use section) b rl• aF..,°.... ,.l..l... n) Veterinary clinic. o) Animal boarding facility. p) Animal grooming establishment. c~ Brewery and brewing supply, tasting limited to 16 oz. per person per day (also see Section 26.104.100 Definitions). r) Coffee roasting and supply. s) Commercial Kitchen or Bakery. t) Tattoo Parlor and/or body piercing. \~isE. (see conditional use section) v) Design Studio, limited to the Andrews-McFarlin Subdivision. .aQL., - a a o nnn ~.. ° f °. SCI Uses which may use in combination up to 10% of the floor area for accessory retail sales showroom or customer reception: a) Building/landscape maintenance facility. b) Automobile washing facility. c) Warehousing and storage. d) °°°p °tuda Broadcast media production on Basement or Upper Floors. 4) Office Uses permitted: a) Medical Offices, on Upper Floors, pursuant to Section 26.710.160 (D)11(b). 5) Permitted Accessory Uses: a) Service yard accessory to a permitted use. b) Sales and rental accessory and incidental to a permitted use. c) Accessory buildings and uses. d) Home occupations. e) Offices, accessory to a permitted or conditional use, not to exceed 10% of a commercial unit. C. Conditional uses. The following uses are permitted as conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district, subject to the ~ procedures established in Chapter 26.425.050 Procedures for Review, and the standards established in Section 26.710.160(F). Under Section 26.710.160(C)1-5, the Commission shall establish the appropriate amount of floor area to be devoted to retail sales, office, showroom, or customer reception for each conditional use during the review, pursuant to the review standards of Section 26.710.160 (F) I . Under Section 26.710.160(C)6-7, the Commission shall review the site plan to determine compliance pursuant to the review standazds of Section 26.710.160(F)2, and establish conditions of approval as needed. 1. Consignment retail establishment. 2. Commercial Parking Facility, pursuant to Section 26.515. 3. Gasoline service station. 4. Artist's Studio 5. Taxidermist 6. Affordable Multi-Family Housing on Upper Floors. Free-Market Multi-Family Housing on Upper Floors. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/ Industrial (S/C/I) zone district: 1. Minimum lot size (squaze feet): 3,000 2. Minimum lot area oer dwelling unit (square feet): No requirement. 3. Minimum lot width (feetl: No requirement. 4. Minimum front vard setback (feet): No requirement. 5. Minimum side yard setback (feet): No requirement. 6. Minimum rear vard setback (feet): No requirement. 7. Minimum Utility/Trash/Recycle area: Pursuant to Section 26.575.060. 8. Maximum height: 35 feet, "~ " , " '.._:=c:;°'' `~ ^" `°°` `"~°~~^" ~~" ~` `h° ~~~ .... o ~ n aa• ter . °e «°.°t t,°:..t,r ~ . "° ., - .°a - - .° c..°°:°t >? e ~~ non ncn a a' .° .t.° .......a°.a~ °F c°°.:,... i~ " °t int..,. °>;t°°..n.e~u...:°t.°t°...~ 6 Q c ~~ ~~n n-n i a' ~,. .t,~ ~,„„a.,r,~~ ~~~v-tt3~1 _ "~c 9. Minimum distance between buildines on the lot (feed: No Requirement. 10. Pedestrian Amenity Snace: Pursuant to Section 26.575.030. 11. Floor Area Ratio (FART: The following FAR schedule applies to uses cumulatively up to a total maximum FAR of 2: ~ 2.25:1. a) Commercial Uses: 1.5:1. b) Medical Offices: 15% of a building, or .25:1 FAR, only if a minimum of .75:1 FAR of Commercial uses exist on the same parcel. c) Affordable Multi-Family Housing: .5:1. d) Free-Market Multi-Family Housing:.25:1, only if a minimum of .75:1 FAR of Commercial Uses exist on the same parcel. Free-Market Multi- Family Housing:.5:1, only if a minimum of .75:1 FAR of Commercial Uses exist on the same parcel, and a minimum of .25:1 FAR of Medical Office Uses exist on the same parcel. 12. Maximummulti-family residential dwelling unit size (square feed: 2,000 sq. ft. of net livable area. a. The property owner may increase individual multi-family unit size by extinguishing Historic 'Transferable Development Right Certificates ("certificate" or "certificates"), subject to the following: (1) The transfer ratio is 500 sq. ft. of net livable area for each certificate that is purchased. (2) The additional square footage accrued may be applied to multiple units. However, the maximum individual unit size attainable by transferring development rights is 2,500 sq. fr. of net livable area (i.e., no more than 500 additional square feet may be applied per unit). (3) This incentive applies only to individual unit size. Transferring development rights does not allow an increase in the Floor Area Ratio (FAR) of the lot. Commentary Refer to Chapter 26.53.1 for the procedures for extinguishing certificates. E. Special Review Standards. Whenever the dimensional standards of a proposed development within the SCI Zone District are subject to Special Review, the development application shall be processed as a Special Review, pursuant to Section 26.430.050, and 7 shall be approved, approved with conditions, or denied based on conformance with the following criteria: 1. To increase the allowable height the applicant shall demonstrate the need for additional height, the appropriateness of the additional height and massing considering the context in which the building will be developed, and shall demonstrate consistency with the purpose of the SCI Zone District. Five (5) feet of additional height may be approved ~'' '' '": "'`"' "' "` ~~., ~ n n ,.o e~_ bu~i::e"" "......" ~- to increase the usable floor-to-ceiling height of r--- °- the ground floor. The height increase shall not be used to accommodate additional ceiling height for residential uses. Only one five-foot height increase may be approved, even if both development options are taken. 2. To increase the allowable percentage of interior space assigned to retail, showroom, or customer reception area, the applicant shall demonstrate the need and appropriateness for such additional space and shall demonstrate consistency with the purpose of the SCI Zone District. The additional approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. F. Conditional Review Standards. Whenever applications subject to Conditional Use Review under Section 26.710.160(C)1- 3, the development application shall be processed as a Conditional Use, pursuant to Section 26.430.050, and shall be approved, approved with conditions, or denied based on conformance with the criteria outlined in Section 26.710.160(F)l . Whenever applications subject to Conditional Use Review under Section 26.710.160(C)4- 5, the application shall be processed as a Conditional Use, pursuant to Section 26.430.050, and shall be approved, approved with conditions, or denied based on conformance with the criteria outlined in Section 26.710.160(F)2: 1. To establish the allowable percentage of interior space assigned to retail, showroom, or customer reception area, the applicant shall demonstrate the need and appropriateness for the space and shall demonstrate consistency with the purpose of the SCI Zone District. The approved percentage for a specific use shall be limited to that use and not applicable to subsequent uses in the same space. 2. The applicant must demonstrate that the affordable housing and/or free market housing is substantially removed and physically separated from Commercial Uses on the same parcel, to the extent practicable, so as to isolate residential uses from commercial impacts and to adequately provide for on-loading, off-loading, circulation and parking for commercial uses. Section 2: Section 26.104.100 -Definitions, which section defines various terms, shall include as follows: Medical or dental office: An office of practitioners of the medical arcs, where the primary use is the delivery of health care services on an outpatient basis, where sale 8 of merchandise is incidental to the sale of services, and where no overnight accommodations are provided. Section 3: A public hearing on the Resolution shall be held on the 29th day of January, 2008, at 4:30 p.m. in the Sister Cities Room, Aspen City Hall, Aspen Colorado, fifreen (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. Attest: Kathryn S. Koch, City Clerk Dylan Johns, Chair FINALLY, adopted, passed and approved this 29th day of January, 2008. Approved as to form: City Attorney ~~~~bt~ ~ MEMORANDUM 'ho: Chris Bendon, Community Development Director for City ofAspen I ram: Christopher D. Bryan, on behalf of Aspen Brewing Co. I2E: Proposed Amendment to Aspen Municipal Code re S/C/I Zoning Date: March 13, 2008 Status uo: Presently, the tcrni "Brewery' is defined as lollows: "A facility for the production and packaging of alcoholic malt beverages Ibr distribution which does not generally receive the public or engage in retail sales." Aspen Municipal Code at § 26.104.100. Elsewhere in the Code, however, "Brewery and brewing supply" are listed as permitted uses of the SiGI cone district, which allows "up to 25% of the floor area for accessory retail sales, offices, showroom or customer reception[.]" /d. at § 26.710. I60(B)(18). Prq~1,_ Amend rclevanC Code provisions such that a brewery may operate in the SICtI zone district, no internal inconsistencies exist within the Code concerning accessory retail uses and customer reception, no govet'nmentally imposed on-site consumption limits are codified, and permitted uses include non-alcoholic malt beverages (e.g., root beer) xnd soft goods (e.g., shirts, hats, pint glasses, etc.). 'I'e~hniguc: Amend die definition of "Brewery" in the Codc (sec ~ 26.104.100) to read, "A I~icility for the production, packaging, and marketing of alcoholic and nou-alcoholic malt beverages, as well as limited consumer goods and merchandise, for on-site and off-site distribution, consumption, and retail:' Rcsul),: The proposed amended dulinilion of "Brewery" would faoilitatc the following: acknowledge an industry-wide accessory use of taslings, permit 25`% of the business [o be allocated for retail sales and customer reception, remove the current problematic language (t. e., "dour not generally receive the public or engage in retail sales") and therefore make it compatible wide the inclusion of a brewery in the S/C/t zone district. "I'he proposed code amendment would not change the current S/C/I zone district Code provisions that prohibit businesses where "food is prepared and served fir consumption on or off premises" or that arc "engaged in the sale or dispensing of liquor by the drink ... and whore music, dancing or other entertainment may be provided or conducted," as tho Codc dunes, respectively, "Restaurant" and "Nightclub and bar." Ir1. at § 26.104.100. fir, rood-i j .. A ~ °©v . a aspen medical care, p.c progressive medicine /old-fashioned care FACTS Medical care reimbursements are not directed by the location but by contacts with insurance companies and don't reflect the cost of the location (i.e. Aspen vs. Delta) 2006 report from the Center for Studying Health System Change o "From 1995-2003 inflation adjusted income decreased by 10.2% for primary care physicians." 08/31/06 The New England Journal of Medicine Volume 355:861-864, number 9, "Primary Care- Will it Survive:'. • Durango recently has found itself "with apaucity ofdoctors". 08/03/07 The Denver Post "Paging a few good rural does". "Health policy experts say that unless payment and practice rules are changed, the financial squeeze on primary care doctors threatens to produce a crisis for patient care." 11/07/08-The New York Times. snowmass village office aspen office basalt office p. o. bux 5889 /snowmass village, m x iGl s 6 i i west main street /aspen, m xi6n p. o. box 199 /6asa~L co 81621 p:99o.913AJU5; F.9~o.923.4GG1 p:99J.920.U1U4:F.9]o 920.0124 p:9Ng293141 /E 9]0.9223566 MEMORANDUM ~ ~ ~~ TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director ~/V,rY/ FROM: Jennifer Phelan, Community Development Deputy Directot~ RE: Mountain Plaza Building (AKA Bidwell Building - 434 E. Cooper Ave.) - Subdivision Review, Second Reading of Ordinance No. 1, (Series 2008) MEMO DATE: March 12, 2008 MEETING DATE: March 24, 2008 SPECIAL NOTE: This staff report is new since the January 28th first reading and addresses the issues raised by City Council at the first reading of this application. It contains the following: • A summary of the issues raised from the last meeting with additional information provided by Staff and the Applicant; • Staff recommendation & motion; and • A revised ordinance. Also attached is the original staff report of January 28, 2008. This is attached primarily to show the development proposal, background and dimensional standards table associated with the development so that you have this information at hand. Please refer to the original January 28`h staff resort to reference the exhibits. SUMMARY AND FIRST READING QUESTIONS: At the January 28`h first reading for the Mountain Plaza application, the City Council raised a number of issues that they asked to have addressed in further detail prior to the scheduled second reading and public hearing on the application. Below, the concerns voiced by the City Council aze itemized issue by issue. The Applicant's representative has responded to the questions in the attached Exhibits. Comments from Staff follow the issues raised in a separate, italicized paragraph. 1) Provide insight on affordable housing needs with regard to "for sale" vs. rental units. In speaking with Tom McCabe, the ratio of 'for sale " to rental units has traditionally been about half "for sale" and half rental. Currently, 'for sale" units are a slightly greater percentage of the inventory. The Housing Board will be discussing this issue of housing needs at their March 19, 2008, meeting and staff may be able to provide additional information at the hearing. Page I of 9 As the City's Land Use Code is currently written, affordable housing units shall be deed restricted as `for sale "units unless permitted to be rental units by the Planning and Zoning Commission. The Applicant requested that the units be rental units and the Planning Commission approved the units as rental units during their review of the application; however, if the rental units become noncompliant with the housing guidelines in the future, then the units shall be converted into `for sale" units as written in the ordinance. 2) Are there any tools to limit the uses for the commercial use of the property to provide locally serving uses such as medical offices? An Applicant can voluntarily restrict the uses permitted on a property through a deed restriction. A deed restriction needs to be truly voluntary, as the Council does not have the authority to require the placement of a deed restriction on the property. 3) One of the AACP policies states "retain and encourage an eclectic mix of design styles to maintain and enhance the special character of the community" under the Design Quality chapter. Does demolition of an eclectic building further the AACP? As noted in the AACP, "the purpose of the Aspen Area Community Plan is to serve as a guide for the future" and "should be interpreted to apply generally to all properties and issues in Aspen. " While retaining and encouraging an eclectic mix of design styles is a policy of the AACP, the intent of the Design Quality chapter is to "ensure the character of the built environment is maintained" both in the maintenance of existing buildings and the construction of new ones. Although City Council may feel that the Mountain Plaza building is one that contributes to an eclectic mix, the building has been through a number of land use reviews: to determine if the building can be demolished and to historically designate the building. The land use reviews did not result in the designation of the existing building and determined that it could be demolished. Subsequent reviews by the Historic Preservation Commission conceptually approved a building that is found to meet the adopted criteria for development within the Commercial Core Historic District and contribute to the character of the historic district. 4) Address the construction management plan, pedestrian amenity and the potential for a restaurant. Durtng the Development Review Committee meeting with the Applicant, the Engineering Department put the Applicant on notice that the construction management plan (CMP) is a critical component to the redevelopment of the site due to its downtown location and proximity to the pedestrian mall. A preliminary CMP is provided in Exhibit G. The requirement for Pedestrian Amenity was reviewed and approved as a cash-in-lieu payment by the Historic Preservation Commission. Restaurants are a permitted use in the Commercial Core zone district, but the Applicant will need to expand on any anticipated uses within the building. 5) Clearly show height/elevation changes at second reading. The Applicant will provide additional drawings to address height at the hearing. 6) Provide mitigation information on the development. The land use code allows an applicant to satisfy multiple mitigation requirements (both the residential and commercial components of the project) concurrently when on-site employee housing is provided. Table 5 shows the required employee mitigation for both the commercial and the residential component of the proposal. Since the Applicant is providing on-site affordable housing units, the Applicant is required to provide employee housing for the residential component only as the proposed commercial component is provided a credit generated by the existing commercial net leasable area. The Applicant's affordable housing will house 5.25 employees. Tahle 5• Rmnlnvee Mitivatinn S . Ft. Re uired'Ivliti a6on Commercial Proposed 10,585 sq. fr. 22.98 -2.12 Net Employees Leasable Existing 12,081 sq. fr. 25.10 Area* New Free Market 6,000 sq. ft. 1,800 sq, ft. 4.5 Residential Net Livable Employees Area** Notes: *An employee generation credit is provided for the existing project's commercial net leasable area resulting in less employees generated by the proposed net leasable area compared to the existing net leasable area. ** Based upon the proposed affordable housing units (Table 2 of the January 28, 2008 staff memo), 5.25 Employees are housed. 7) How can the City ensure that the property is redeveloped? The City often requires some form of collateral when development occurs, often in the form of a letter of credit or bond. The collateral ensures that the proposed work is completed and this same tool can be used for this project as a condition when issuing a demolition or building permit for this project. 8) Provide a table that shows existing uses, tenants, and square footage compared to the proposed development. The table is provided in Exhibit H of the memo. As proposed, the building will contain 1, 496 sq. ft. less in net leasable area (the obvious loss being the current basement level retail). With the redesign of the building the net leasable area provided on the ground floor will increase by 1,048 sq ft. while the second,floor net leasable area will increase by 391 sq. ft. 9) Has the Applicant considered the relocation and return of existing tenants? The Applicant has provided a tenant list and terms of leases in Exhibit I Of the seven (7) tenants listed, Kemosabe is expected to return after reconstruction (but will close during the interim). 10) What are the major parts to get Leeds Certification LEED (Leadership in Energy and Environmental Design) Certification is a point based system where a projects scored is evaluated in a number of areas and scored for a project total to meet a certain certification level (certified, silver, gold, or platinum). The categories by which a project can gain points are ar follows: sustainable sites, water efficiency, energy & atmosphere, materials & resources, indoor environmental quality, and innovation & design process. A total of 69 points can be achieved. Exhibit J provides a summary of the LEED points available for new construction. Further information on the scoring system can be reviewed at h~ //www us~~bc orQ/ShowFile.aspx?DocumentlD=1095 1 I) Is the parking garage aself-service type and how congested is the alley? The parking garage will be aself-service style garage access. Tim Ware of the parking department did inform staff that the alley is quite busy with use. 12) What is the comparison of energy usage for the existing project to the new project? The applicant has provided an energy analysis of the project as provided in Exhibit K. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is generally consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. This project provides affordable housing and net leasable space downtown. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE: "I move to approve Ordinance No. 1, Series of 2008, approving with conditions, subdivision review of the Mountain Plaza Building to construct amixed-use structure on the property known as 434 E. Cooper Avenue." CITY MANAGER ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings (provided in January 28~h staff memo) EXHIBIT B -Historic Preservation Commission minutes dated May 9, 2007 (provided in January 28`~ staff memo) EXHIBIT C -Historic Preservation Resolution No. 20, Series of 2007(provided in January 28`h staff memo) EXHIBIT D - Planning and Zoning Commission minutes dated October 2, 2006 (provided in January 28`h staff memo) EXHIBIT E - Planning and Zoning Commission Resolution No.26, Series of 2007(provided in January 28`" staff memo) EXHIBIT F- Application (provided in January 28`h staff memo) EXHIBIT G- Preliminary Construction Management Plan EXHIBIT H - Proposed vs. Existing Net Leasable Commercial Space EXHIBIT I - Tenant List EXHIBIT J - LEED for New Construction Checklist EXHIBIT K - Energy Analysis Janua to ~[arr memo APPLICANT /OWNER: STAFF RECOMMENDATION: Bert Bidwell Investment Corporation, Staff recommends that the City Council approve c/o Mark Bidwell the subdivision review. REPRESENTATIVE: SUMMARY: Mitch Haas, Haas Land Planning, LLC. The Applicant requests of the City Council approval of the Subdivision Review. LOCATION: Lots Q, R, and S, Block 89, City and Townsite of Aspen, CO, commonly known as 434 E. Cooper Ave. CURRENT ZONING & USE Located in the Commercial Core (CC) zone district containing a two story (above grade) with 12,081 sq. ft. of office/retail Net Leasable Area. PROPOSED LAND USE: The Applicant is requesting to develop a three story (above grade) mixed-use building containing sub-grade parking, three (3) affordable housing units (containing 2,241 sq. ft. of net Livable Area), three (3) free-market housing units (containing 6,000 sq. ft. of Net Livable Area), and commercial/office uses (containing 10,585 sq. ft. of Net Leasable Area). GENERAL BACKGROUND This application was submitted in March of 2006, prior to the passage of the moratorium and therefore not affected by it or the subsequent code amendments. The existing property is located Photo of the subject property in the Commercial Core (CC) zone district. It is also located in the Commercial Core Historic District although not deemed contributing to the period of architectural significance of the district. The existing building has been approved for demolition by the Historic Preservation Commission after an application for designation was initiated by the City and subsequently denied. As a proposed building in the Commercial Core Historic District, the Historic Preservation Commission has purview over the design of the building and has granted conceptual approval of the new building. The application was heazd by the Planning and Zoning Commission in October of 2007. As a result of the hearings conducted by the Planning and Zoning Commission, Resolution No. 26 (Series of 2006) was passed by a three to one (3-1) vote. The Planning and Zoning Commission's resolution approved three growth management reviews, and made a recommendation of subdivision approval. The Applicant is requesting subdivision approval because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code (see section 26.104.100, Definitions). If the Applicant is interested in creating individual ownership interest in the units, condominiumization must be undertaken. 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. This is required to demarcate ownership units within a single building. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the City Council to redevelop the site: • Subdivision for the construction of multiple dwelling units pursuant to Land Use Code Section 26.480 (City Council is the final review authority afer considering a recommendation from the Planning and Zoning Commission). The Planning and Zoning Commission approved the following growth management reviews at the October 2, 2007 public hearing: • Growth Management Review for Expansion/New Commercial Development in the development of a new mixed-use building pursuant to Land Use Code Section 26.470.080 (1). • Growth Management Review for New Free-Market Residential Units within a Multi- family or Mixed-Use Project in the development of new free-market residential amts within amixed-use project pursuant to Land Use Code Section 26.470.080 (2). • Growth Management Review for Affordable Housina in the development of affordable housing pursuant to Land Use Code Section 26.470.070 (4). PROJECT SUMMARY: The Applicant, Bert Bidwell Investment Corporation, has requested approval to demolish the existing office/retail building located at the corner of Cooper Avenue and Galena Street that is located on a 9,000 square foot lot and redevelop the site with a new mixed-use building containing commercial, affordable housing, and free market residential uses. As proposed, the new four story building (some of which is below grade) contains: • A completely sub-grade parking garage. Vehicular access to the property and the garage will be from the alley right-of--way that is adjacent to the north property line of the subject property. The garage will provide eleven parking spaces. • The at-grade level contains two (2) commercial/office spaces and a Galena Street entry to the second and third story space. • The second level contains three (3) affordable housing units and commercial/office space. • The third level contains three (3) free-market units. Table 1 • Comparison of Proposed vs Required Dimensional Requirements. Dimensional Proposed Dimensional Underlying~ommercial Core Requirement Requirements Zone District Requirements Minimum Lot 9,000 sq. ft. No requirement Size Minimum Lot 90 Feet No requirement Width Minimum Lot N/A No requirement Area/Dwellin Minimum Front 0 Feet No requirement Yard Setback Minimum 0 Feet No requirement Alternative Front Yard Setback Minimum Side 0 Feet No requirement Yard Setback Minimum Rear 0 Feet No requirement Yard Setback Maximum Height 41 Feet 42 Feet 46 Feet for areas setback 15 or more feet from lot lines adjacent to a street ri ht-of-wa Floor Area Ratio 2.61:1 or 1.47:1 or Cumulative Maximum: Commercial: 1.5:1 or (FAR) 23,503 sq. fr. 13,275 sq. ft. 3:1 or 27,000 sq. ft. 13,500 .31:1 or Affordable Housing: No 2,835 s . fr. limitation .82:1 or Free-Market: 1:1 or 7,392 s . ft. 9,000 s . ft. Maximum 2,000 sq. ft. 2,000 sq. ft. Residential Unit Size Dimensional l'rogosed Dimensional er C6 "mm~~ Requirement Requl "` ~. -~~: -?~ stri ~ _ -- ,,. - _ ~ -t- _ _., ,~ ..._ -,. ..:~~_:-s: .. _ r_~- Minimum Off- 11 spaces Residential Multi-Family: No requirement Street Parking Commercial: One space per 1,000 net leasable sq. fr. of commercial s ace or 10.5 spaces. Table 2: Prooosed Affordable Housing iJnit `1 =~" ,Unit 2 ~ _ -=-' _ - " Bed~~~ifun~~ - 1 bedroom studio 2 bedroom 4 bedrooms IL~vablty- =~ 701 sq. fr. 530 sq. ft. 1,010 sq. ft. 2,241sq. ft. Pro osed Mixi. Net Livable 600 sq. ft. 400 sq. fr. 950 sq. fr. 1,950 sq. fr. Area Re aired Category ' 2 2 4 2@ Category 2 1 Cate ory 4 Employees<. '` 1.75 1.25 2.25 5.25 Housed ---= _ ' Table 3• Provosed Free Market Residential ._x= ,i.~tttt =~ _ ..~ ~ - ___~ _, :~ _tit m>_ _ ;_ _ NetLivablc Aiea 2,000 sq. fr. 2,000 sq. ft. 2,000 sq. ft. 6,000 sq. ft. Pra osed Table 4• Provosed Commercial Net Leasable Area Basement`lloor -:FirstFlEkor - Seett or "_ ___ w_ ~' _. _ Net Leasable Area NA 5,631 sq. ft. 4,954 sq. ft. 10,585 sq. ft. Pro osed n~~t Existl 2,935 sq. fr. 4,583 sq. fr. 4,563sq. fr. 12,081 sq. fr. v Leasable Area STAFF COMMENTS' SUBDIVISION: The Applicant is requesting subdivision approval because the development of multi-family dwelling units requires approval of subdivision pursuant to the definition of subdivision in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standards. SCHOOL LANDS DEDICATION: Given that the proposed development constitutes a full subdivision review, Land Use Code Section 26.620, School Lands Dedications, requires that the Applicant either dedicate lands for school function or pay acash-in-lieu payment. The Applicant has proposed to pay acash-in-lieu payment pursuant to the fee schedule established in Land Use Code Section 26.620. Staff has included a condition of approval in the proposed ordinance requiring that the Applicant pay the School Lands Dedications fee prior to issuance of a building permit for the proposed building. IMPACT FEES The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added to the site and additional net leasable created, pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The impact fee for this project shall be calculated at the time of building permit submittal. Staff has included a condition of approval in the proposed resolution requiring that a Park Development Impact Fee be paid at prior to building permit issuance. REFERRAL AGENCY COMMENTS: Referral departments have reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. Ordinance No. 1 (SERIES OF 2008) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION REVIEW AND VESTED PROPERTY RIGHTS FOR THE MOUNTAIN PLAZA (BIDWELL BUILDING) REDEVELOPMENT AND SUBDIVISION LOCATED AT 434 E. COOPER AVENUE, CITY OF ASPEN, PITHIN COUNTY, COLORADO. Parcel No. 2737-182-16-011 WHEREAS, the Community Development Department received an application from all of the Bert Bidwell Investment Corporation requesting three (3) Growth Management Review approvals and a recommendation of approval for Subdivision to develop amixed-use building known as the Mountain Plaza Building located at 434 E. Cooper Avenue; and, WHEREAS, prior to applying for the Growth Management Reviews the Applicant received approvals from the Historic Preservation Commission for Conceptual Design Review, View Plane Review, and Commercial Design Review via Resolution No. 20, Series of 2007; and, WHEREAS, Pursuant to Section 26.470.120, staff reviewed the application and assigned a Community Objectives Score which is based upon developing the project at a Leeds Silver level and providing larger affordable housing units than required; and, WHEREAS, prior to applying for subdivision approval the Applicant received three Growth Management approvals and a recommendation of subdivision approval from the Planning and Zoning Commission for aMixed-Use Building which contains 10,585 sq. ft. of net leasable area, three (3) free-market residential units totaling a Floor Area Ratio of .82:1 or 7,392 sq. fr. and individual net livable azea of 2,000 sq. ft. each, and three (3) affordable housing units with a total of 2,241 sq. ft. of net livable azea via Resolution No.26, Series of 2007; and, WHEREAS, once the land use approvals and recommendation of approval were granted by the Planning and Zoning Commission, the Applicant requested Subdivision approval of the City Council; and, WHEREAS, upon review of the application and the applicable code standazds, the Community Development Department recommended approval, with conditions, of the proposed subdivision request; and, WHEREAS, during a duly noticed public hearing on March 24, 2008, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, referral agencies, considered the development proposal under the applicable provisions of the Municipal Code as identified herein and adopted Ordinance No. 1, Series of 2008, approving with conditions, the Subdivision application; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the 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 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 OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Review for Expansion or New Commercial Development; Growth Management Review for New Free-Market Residential Units within aMulti-Family or Mixed-Use Project; and,Growth Management Review for Affordable Housing, all for the development of a mixed-use building containing three free-market units totaling a Floor Area Ratio of .82:1 or 7,392 sq. fr., three affordable housing units containing a minimum of 2,241 sq. ft. of net livable area (two Category 2 units and one Category 4 unit), and a commercial component containing a maximum of 10,585 sq. ft. of net leasable area as shown in the floor plans of Exhibit C of the staff report dated October 2, 2007. The Planning and Zoning Commission also recommends approval of the subdivision request for the development of said mixed-use building. Section 2: Plat and Aereement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval if City Council provides final approval of the subdivision request. The 180 days shall commence upon the granting of Final Design Review approval by the Historic preservation Commission. The subdivision agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: BuildinH The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. Additionally, as represented in the growth management and subdivision application dated August 15, 2007, the Applicant will attain, at a minimum, a LEED Silver Certification. Section 4: Engineerin¢ The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. A Stormwater System development Fee shall be assessed at the time of redevelopment. The construction management plan required as part of building permit application is a critical component of this redevelopment project as it is located adjacent to a pedestrian mall and public impacts shall be minimized. Regrading of the pedestrian mall may be necessary to achieve accessible access. Above ground utilities shall be located on the site and not within the public right-of--way. Section 5: Affordable Housine A. The affordable housing requirements of the project shall be met with provision of three units. The Applicant shall provide aone-bedroom, Category 2, 701 square feet unit; a studio, Category 2, 530 square feet unit; and atwo-bedroom, Category 4, 1,010 squaze feet unit as represented in their application. B. Rental units are allowed with the following conditions: 1) The units will be deed-restricted as Category 2 for the studio and one-bedroom units and Category 4 for the two-bedroom unit. 2) The deed-restriction will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems one of the units out of compliance over a period of more than one year. If any of the units are found to be out of compliance for one year, or the owner elects to sell the units, all of the units would be listed for sale with the Housing Office as specified in the deed restriction at Category 2 for the studio and one- bedroom units and Category 4 for the two-bedroom unit maximum sales prices, based on the sales price stated in the Guidelines in effect at the time of recordation of the deed restriction, appreciated as stated in the deed restriction (3% or the Consumer Price Index, whichever is less), as of the date of the listing of the units. 3) Rental of the units shall be open to all qualified employees in Aspen and Pitkin County and shall not be tied to employment; however, the owner(s) of the commercial or free-mazket residential units may still choose qualified renters and the tenants may still be employed by the commercial component. The HOA may maintain ownership of the units. 4) The governing documents of the development shall be drafred to reflect the potential for the rental units to become ownership units; i.e., the Protective Covenants, By-Laws, Articles of Incorporation, etc. Since the project is a mixed free-market/deed-restricted project, the assessments shall be determined based on the price values of the free-market component compared to the deed-restricted component. This language shall be required in the Covenants associated with the project. No changes to this restriction shall be allowed without the APCHA's approval. 5) As long as the units remain as rental units, APCHA or the applicant shall structure a deed restriction for the employee housing units only such that an undivided 1 /] 0`h of 1 percent interest in the ownership of each of the employee units is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. 6) Language shall be provided in the Protective Covenants covering the units' assessments upon the units becoming "for sale" units. The assessments shall be based on the value of the free-mazket units compazed to the deed-restricted units. This language shall be required in the approval and in the Covenants associated with the project and allow for the same voting privilege as the free-mazket residential units upon the units becoming "for sale" units. No changes to this restriction are allowed without APCHA's approval. 7) The deed-restriction shall be recorded at the time of recordation of the Condominium Plat and prior to Certificate of Occupancy. Section 6: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 7: Public Works The Applicant shall comply with the City of Aspen Water System Standards, 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. Utility placement and design shall meet adopted City of Aspen standards. Each of the units within the building shall have individual water meters. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Oil and Grease interceptors (not traps) are required for all food processing establishments and shall be identified and specified prior to building permit. Oil and sand sepazators are required for the parking garage. Driveway entrance drains shall drain to drywells and elevator shaft drains must flow through o/s interceptor. Old service lines must be excavated and properly abandoned, to the extent required by the district. Below grade development may require installation of a pumping system. One tap is allowed; however shared service line agreements may be required. Where additional development produces flows that negatively impact the planned reserve capacity of the existing collection and treatment system, fees will be assessed. Section 9: Environmental Health The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section ]0: Exterior LiEhting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: School Lands Dedication and Impact Fees The Applicant shall pay the Pazk Development impact fee and the School Lands Dedication assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: Parks A. A formal vegetation protection plan shall be required with building permit application. Tree Removal Permit is required for the removal of the Crabapple street trees. B. Excavation of materials, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic associated with construction is prohibited on Cooper Ave Mall, unless permitted under condition "E" within this section.. C. Utility connections located within the mall shall be coordinated and designed in a manner that does not encroach into the tree protection zones or disturb the surface of the mall. If a utility is located within the mall, it must be direct bore minimizing surface disturbance to the location of abandonment and new taps. Water taps and abandonments will not be approved within designated tree protection zones; no traditional excavation will be allowed in the mall for water or electric connections. D. If temporary construction access to the site is requested on Cooper Avenue Mall, a ROW permit is required for approval. Access will only be granted during the off season; all work within the Mall has to be done and completed during these times: Spring: March 16ih till June 151 /Fall: Sept 15'" till Dec 1 ~'. E. Damage to mall brick or mall amenities will be the responsibility of the developer, replacement of brick will be done to COA standards and require the developer to use the City's contractor for mall brick replacement. New landscaping in the right of way located on Galena Street will be done to the Landscaping in the Right of Way standards. Parks is recommending Summit Ash, a species of Green Ash, planted on 20-foot centers throughout the entire strip. All trees will be planted with irrigation and a planting strip shall be installed using structural soils. The developer shall meet with the Parks Department to design the appropriate planting trench an spacing of the trees. Section 13: Vested Riehts The development approvals granted pursuant to Planning and Zoning Commission Resolution Number 26, Series of 2006 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 property: 434 E. Cooper Ave., City and Townsite of Aspen, CO, by Ordinance No. Series of 2008, of the Aspen City Council. Section 14: 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 15: 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 16: 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 17• A public hearing on this ordinance shall be held on the 24s' day of March, 2008, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28`s day of January, 2008. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this _ day of , 2008. Attest: Kathryn S. Koch, City Clerk Approved as to form: Michael C. Ireland, Mayor City Attorney MOUNTAIN PLAZA BUILDING PRELIMINARY CONSTRUCTION MANAGEMENT PLAN MARCH 10, 2008 Prepared by: Hansen Construction, Inc. 970.920.1558 TABLE OF CONTENTS 2.0 PROJECT INTRODUCTION 2.1 DISTURBANCE AREA 2.2 LOCATION 2.3 DESCRIPTION 3.0 PROJECT DOCUMENTATION 3.1 PERMITS 3.2 PUBLIC NOTIFICATION 3.3 PROJECT SIGN 3.4 CONTACT DESIGNATION 4.0 PROJECT IMPLEMENATION 4.1 DATES OF CONSTRUCTION 4.2 HOURS OF CONSTRUCTION 4.3 SEQUENCE (PHASING) OF CONSTRUCTION 4.4 ADJOINMG PROPERTY OWNERS 4.5 PROJECT FENCING 4.6 PUBLIC HEALTH AND WELFARE 4.7 NATURAL ENVIRONMENT 5.0 PARKING MANAGEMENT 5.1 PARKING MANGEMENT FORM 5.2 EMERGENCY VEHICLE ACCESS AND ORDINANCE 35 5.3 CONSTRUCTION PARKING DETAILS 5.4 STAGING AREAS SS CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE MANAGEMENT 6.0 TRAFFIC CONTROL 6.1 GENERAL 6.2 HAUL ROUTES 6.3 ONS[TE VEHICLE LIMITA"!IONS 6.4 DELIVERY REQUIREMENTS 6.5 TRAFFIC CONTROL PLAN 7.0 PEDESTRIAN PROTECTION 7.1 GENERAL 8.0 SEDIMENT AND EROSION CONTROL 8.1 REQUIREMENTS 2 9.0 FUGITIVE DUST CONTROL 9.1 FUGITIVE DUST CONTROL PLAN 9.2 REQUIREMENTS 10.0 EMISSIONS 10.1 GENERAL 10.2 EMISSIONS FROM DIESEL POWERED ENGINES 11.0 NOISE SUPRESSION I LI GENERAL 11.2 NOISE SUPPRESSION PLAN APPENDICES A -Required Projec[ Sign B -Parking Management Form C -Haul Route Map D-Noise Suppression Plan, Techniques and Equipment 2.0 PROJECT LOCATION 2.1 DISTURBANCE AREA Project involves demolition of the existing Mountain Plaza Building located at the corner of Cooper and Galena. The lot area and building footprint are one and the same, 9,022 squaze fee[. 2.2 LOCATION See attached project vicinity map. 2.3 DESCRIPTION The project includes demolition of [he existing Mountain Plaza Building which is 11,825 gross square feet and construction of a new building totaling 20,438 gross square fee[. The new building will have one level of parking below grade and three levels of commercial and residential space above grade. The new building will be constructed of concrete below grade and steel, concrete, drywall and brick above grade. New utility services will be connected to [he building including replacement of the existing water and sewer service lines. 3.0 PROJECT DOCUMENTATION 3.1 PERMITS The project is still in the land use approval phase. Upon issuance, copies of all applicable local, state and federal licenses and permits will be maintained at the project site office. Applicable permits will be listed and described in this CMP, and copies of [he documents will be attached hereto. 3.2 PUBLIC NOTIFICATION A project update shall be provided to [he public on a basis no less than monthly, via website, newspaper, on-site notices, or other accepted means of notification (per request of the City of Aspen). The first public notification shall occur no later than 10 days prior to construction. The update shall include a description of the curzen[ project phase, list any traffic and/or pedestrian concerns, and describe hauling/s[aging operations. The above notification shall specifically be distributed to neighbors located within 300 fee[ of the project property. The Plan shall designate a project representative, date, and time for a required preconstruction meeting. The purpose of the meeting is to discuss the project and summarize the project specific Construction Management Plan. The contractor and subcontractors are required [o attend the meeting. Utility personnel, applicable City depanmen[s, [he Roaing Fork Transit Authority, neighboring properly owners, and [he Aspen School District shall also be notified. 3.3 PROJECT SIGN A project sign shall be constructed and posted that includes [he items shown in Appendix A: Required Construction Sign. The sign shall be posted in a location where it is readable from [he street or driveway and shall meet criteria in City Municipal Code 26.510.030B4. 3.4 CONTACT DESIGNATION Owner: Mark Bidwell Site Supervisor: Randy Jacobsen -319-9601 Safety Officer: TBD Traffic Control Officer: TBD Erosion Control Representative: Randy Jacobsen - 319-9601 City of Aspen Community Development: 920-5090 Fire Department Emergency - 911; Fire Marshal - 925.2690 Police Depanment Emergency-911; Non-emergency-920-5400 Roaring Fork Transit Authority: 920-1905 School District: 925-3760 Aspen Electric Department: 920-5148 Aspen Water Department: 920-5110 Aspen Sanitation District: 925-3601 Source Gas: 800-563-0012 Aspen Valley Hospital: 925-1120 Emergency: 911 4.0 PRO.IECT IMPLEMENTA"PION 4.1 DATES OF CONSTRUCTION Work on the project is tentatively scheduled [o begin on April 2Q, 2009 depending on availability of permits. Estimated duration of construction is three years. (See attached construction schedule) 4.2 HOURS OF CONSTRUCTION Construction hours shall be limited to lam -Spm Monday through Friday and gam - Spm on Saturday. No construction is permitted on Sundays, federally designated holidays, during Food & W ine Festival, and a three day weekend of Fourth of July (when [he holiday falls adjacent to a Saturday or Sunday). All activity [hat generates noise in excess of 80 decibels requires a noise suppression plan and is restricted to operating between the hours of gam and Spm Monday through Friday. 4.3 SEQUENCE (PHASING) OF CONSTRUCTTON (See attached construction schedule) 4.4 ADJOINING PROPERTIES Adjoining private properly and public right-of way will be supported and protected from any damage that might result from construction operations. The excavation will be supported by reusing the existing concrete foundation walls [o the greatest extent possible as well as the use of engineered excavation shoring systems as necessary. Public right-of-way will be protected with temporary barricades and walkways. 4.5 PROJECT BARRICADE The public right-of--way surrounding the construction site will be protected by a combination ofnon-removable construction barricades and fencing of a design to be approved by the Engineering Department. All barricades and fencing shall be a minimum of six feet (6') in height. 4.6 PUBLIC HEALTH AND WELFARE Our intent is to provide [he utmost respect to public health and welfare and that will be reFlected in prepared Plan. 4.7 NATURAL ENVIRONMENT We will request permission to remove and replace the street trees along Galena. This will allow construction of a safe and accessible wvered walkway along the public right-of-way. Trees in [he mall will be pruned back as necessary [o protect them from construction activities. Every reasonable effort will be taken to minimize harm [o the City of Aspen's natural environment. All tree and natural resource protection measures will be identified in the Plan and put in place prior [o the commencement of any construction or demolition activities. Tree protection and removal will be done in accordance with section 13.20.0206 of the Municipal Code. (See attached plan for tree protection fence location and accurate tree drip lines.) 5,0 PARKING MANAGEMENT 5.1 PARKING MANAGEMENT FORM (See attached Parking Management Form) 5.2 EMERGENCY VEHICLE ACCESS AND ORDINANCE 35 Continuous emergency vehicle access for police, fire, and ambulance services will be maintained. (See attached Emergency Access Plan) 5.3 CONSTRUCTION PARKING DETAILS All workers will be encouraged to use public transportation and [o carpool. Contractor will be providing shuttle van service from the Brush Creek Intercept Lot. 5.4 STAGMG AREAS Staging will occur within the building footprint as much as possible. The below grade parking area will be used to a large extent for storage and material handling. A tower crane will be provided so [hat materials can be quickly offloaded and lifted in to place. Activities the necessitate loading or offloading in the public right-of--way will be concentrated in the off season to minimize impact on the public. Estimated Truckloads and "timing of Work: Deconstruction Soil Hauling Precast Concrete Foundation Structural Steel Concrete Floors Right-of-Way encroachments will be used as a last resort and in when ROW encroachments are necessary proper permits will be obtained from [he City Engineering Department. 5.5 CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE MANAGEMENT Construction office, job materials storage, portable restrooms, waste management and recycling container locations are indicated on the project site plan. Construction material recycling containers will be located in the parking level and brought up [o the alley via [he caz elevator. Pcr Aspen code, any dumpster or other trash receptacle used for food refuse will be constructed in such a manner as [o render i[ bear proof. 6.0 TRAFFIC CONTROL 6.1 GENERAL All traffic control operations shall be managed by [he designated certified traffic control supervisor. 6.2 HAUL ROUTES (See attached Haul Route Map-Appendix C) 6.3 ONSITE VEHICLE LIMITATIONS On site vehicle heights and weights will be limited to the capacity of the car elevator. Generally, vehicles will be limited [0 8,000 pounds, 9' width, 6'6" height and approximately I6' in length. 6.4 DELIVERY REQUIREMENTS When the size of delivery trucks will impact traffic a traffic control will be submitted to and coordinated with the Engineering Department. Deliveries will be coordinated so [ha[ only one delivery vehicle will on site at any given time. Deliveries will be scheduled before loam to [he greatest extent possible. Delivery vehicles and all other onsite vehicles will not be allowed to idle for more than five (5) minutes, with the exception of generators or PTO type operations. Project subcontractor and suppliers will be provided with written notification of Aspen's vehicle idling regulations as follows: Section 13.08.110 Engine Idling (a) Except as hereinafter provided, it shall be unlawful for any person to idle or permit the idling of the motor of any stationary motor vehicle for a prolonged or unreasonable period of time determined herein to be fve (5) minutes or more within any one (1) hour period of time. (b) This section shall not apply when an engine must be operated in the idle mode for safety reasons including, but not limited to, the operation of cranes and fork lifts used in the construction industry. (c) The lime required by a diesel powered motor vehicle with a gross weight rating of ten thousand (10,000) pounds or more while operating in a stationary position to achieve a temperature of one hundred twenty (120) degrees Fahrenheit and an air pressure of one hundred (100) pounds per square inch, shall not be included in the computation of the five (5) minutes determined herein to be a prolonged or unreasonable period of time. The temperature and air pressure as indicated on the vehicle's gauges may be used for tletermining the diesel engine's temperature and air pressure. (d) The time during which transportation vehicles are actively loading or discharging passengers shall not be inGudetl in the computation of the five (5) minutes determined herein to be a prolonged or unreasonable period of time. A transportation vehicle shall be defined for purposes of this section to mean motor vehicles designed to transport a minimum of sixteen (16) persons. (Ord. No 74-1992, § 1: Code 1971, § 11-2.70) 6.5 TRAFFIC CONTROL PLAN A preliminary Traffic Control Plan (TCP) will be submitted as part of [he Construction Management. The TCP will be prepared by a S[a[e Certified Traffic Control Supervisor and will conform to the most current edition of the Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD). 7.0 PEDESTRIAN PROTECTION 7.1 GENERAL Construction walkways will be designed and built to comply with pedestrian safeTy requirements per City code 21.04.060, MUTCD Chapter 6D, the Americans with Disability Act, and IBC Chapter 33. 8.0 SEDIMENT AND EROSION CONTROL 8.1 REQUIREMENTS A Storm Water Pollution Prevention Plan will no[ be required for this project as i[ is under [he statutory threshold of one acre of soil disturbance. Storm water management on this site should not present any problem. Excavation is very limited and confined to a short period of time. There will be no soil stock piles and no opportunity for trucks to track mud on to the street. If any of the adjacent storm inlets or gutters is exposed to dirt or debris from constructions operations, erosion sediment control measures will be implemented as necessary. 9.0 FUGITIVE DUST CONTROL 9.1 FUGITIVE DUST CONTROL PLAN We will coordinate with the City of Aspen Environmental Health Department to determine if they think that a fugitive dust plan is warranted for this project. If so we will submit a fugitive dust control plan and file an application for a fugitive dust permit with the Colorado Department of Public Health and Environment. 9.2 REQUIREMENTS If required, the fugitive dust plan will demonstrate that discharge of dust from [he construction site will not occur, or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours, and during various phases of construction. The plan shall include the name and [he 24 hour phone number of a responsible party. The primary means for controlling dust will be to wet down the dust emitting source three times a day under dry conditions or as directed by [he City Construction Mitigation Officer. 10.0 EMISSIONS 10.1 GENERAL All vehicles and equipment used on site will be properly maintained such that the engines will function within manufacture's standards or parameters. 10.2 EMISSIONS FROM DIESEL POWERED ENGINES Emissions from diesel engines operated within the City of Aspen shall be of a shade or density no darker than 40% opacity, except for starting motion no longer than 10 seconds or for stationary operation not exceeding 10 seconds. 11.0 NOISE SUPRESSION Il.l GENERAL The noise limit for construction is 80 decibels measured at the properly line of [he construction site. All construction equipment shall be adequately mufFled and maintained to minimize project noise. The installation of noise barriers is the minimum technique to suppress noise, especially when jack hammering of concrete occurs. 11.2 NOISE SUPPRESSION PLAN All activity that generates noise in excess of 80 decibels requires a noise suppression plan and is restricted [o operating between the hours of gam and Spm Monday through Friday. (See Noise Suppression Plan -Appendix D) 10 d 0 C ~ c o d U d m U y m N ~ N C N m y m U ; a o E 3 rn c J o U Np ~ 6 0 ~ ry O ey ,N L Y ~ K '~ m `- N w c ~ ~ d 'o ~ °m ° Ti 4 ~ ii v m ~? E 2 > w ~ ~ ~ 3 a o a; A m m w n ~ ~ ~ 0 0 m Q ® ® ~ 0 p Of O~ 0) OI Ol O) °~ O> ¢ a a a Z ~ w a ¢ ~ O ~ ¢ N of i 0 O) 01 N N N N N OJ W °f 0) OI W W m T a a a z z w w ¢ a N m a ~ a ~ ' n v i u i rv m O r ~ " O r ~ O N > ° Q m 7 a a ~ ~ '° ~ w y ~ ~ c 'm ~ ? ~ N 9 ,~ m o v d mm _ m J 61 Q > ~ C T ~i Y O jp o° 3 O y ~v ~ a N {p Y ~ C O O N '!' 3 c m N ? Y ~ d y > U ~ ° C O O o m y E y o °o R ~ v o° W T°[ c W v m _o I W d LL d W ~ y w d m ~ ~ A = t C LL U O1 u v ° d 2 I F N o v a' e O_ N U `o c c a c N N d C ~ C ~ d O_ jq ~y v+ C O U c U w c `o ry C p= U = O d y ~ N `o m a U O ~ E w E m U C N m a rn c Y 6 3 ~ W C 9 N N J eo O~ w fn d N N V O f0 N Of O Z (D O O w LL N O A w O ' O ¢ ~ O a Q 1~ N O j ~ O (") O > ~ n N O C7 7 Q W O (7 > < t'1 O U' > Q C1 N O U w O N O ~ m w LL N m w LL Of N ~_ > ~ ! ~- >' ~ n N °i °a w fn N O °~ °a w vi rn N O ~ O O m N O > O Z rn O O > O Z r ~ O ~ w o m " O m w LL n O _O a' a Q m O O ~ a ¢ o N O } < ~ r N O ~ ~ ¢ m ~ ~ J ~ ~ n N O c7 > ¢ N r O_ ~ > ¢ ~° O a w m O r ~ a m r ~ a ~n N C N x w C ~ o ~ 'C N o N~N X w ° ~ y ~ ~ w a a ? V 0 W d ~ C U ~ d a C 0 3 I- N w C E Y H C N N N N N U ~ i[ N y O U C 9 f%J OI ~-y N C O C N w N = N VI C L° LL °' w ~ ~ ~ v ~ m m ~ ° a d ° c c o a E a ~ Zi a d d 2 5 0 10 ~ Z' ~ d m o C° w ° m N¢ v LL w o w~ a v¢ LL y ~ C O C 6 6 O N C ~ C .°. O N n N a N w d m w n ~ °i E o ~ ~ m c W aUmiq ii I 0 0 V C ,~ C 3 ~ m V R N a c C ~ U c ~ d O c ~ ~ Appendix A -Required Project Sign MOUNTAIN PLAZA BUILDING BUILDING PERMIT #0001.2009.ACBK GENERAL CONTRACTOR: HANSEN CONSTRUCTION, INC. CONTACT: STEVE HANSEN (970) 920-1558 24 HOUR EMERGENCY CONTACT #: (970)544-9006 Appendix B -Parking Management Form __ _ __ __ CITY OF ASPEN CONSTRUCTION STAGING AREA, PARKING AND EMERGENCY ~~~--===--"' VEHICLE ACCESS MANAGEMENT FORM T~Citt or Asrm Tne City of Aspen regains aIi construction and remodeling project to submit of a jab site plan describing the job Ixation, consiNCtion staging area(s), number of construction related vehicles and plans to allow and ensure proper emergency vehicle zccess. The construction project maybe issued the use of speck parking areas for the expected duration of the project for a fee. PLE.aSE PRINT LEGIBLY Construction Site Address: 431 E. CGOPE~ AI/E. Ccntracior HfrNSEN Co/.1~-r1td ~ /NC _. _ Primary Contact: STEt/~ hIANSEr-I _ Phone Number. 92G-15.5F Secondary Contact: _f EQRy G4t/A~ZEAI Phone Number: 9~'l S5& Provide one copy of a job site plan showing the following information: 1. Location for ail job site related vehicles, including number and exact location of requested street parking spaces. 2. location for materials storage, construction equipment and !or any other staging issues. 3. Emergency access route allov~ing emergency vehicle access to the structure(s) REQUESTED (as indicated on job site plan) #of Street Parking Spaces ~~~ Fr t/E Other Parking Area(s) Begin Cate: ~ / S ~ a 9 Completion Date: ~ 12 All construction staging and construction parking shall be confined to the areas defined in an approved plan for the job site. Workers shall be encouraged to carpool. Emergency access, as described in the approved plan for the lob site, shall at no time be blocked. AT TENT70N Construction related vehicles are excluded from the signed Z-Hour Free Parking areas in Aspen's residential parking zones. Construction related vehicles wlil only be considered in compliance if parked in the leased construction parking spaces/area(s) or displaying a valid street permit Ali other vehjcles will be considered in violation. Fees areas follow; IN-Core $Zglspace per day; IN-Core Residential or Outside of Core $5/space per day FOR OFFICE USE 6NLY Paid ~ Street Spaces x Rate x Days =Fee F~cp. Date Notes: ___ Approved Date i ~ Appendix C -Haul Route Map a ~ a ~ w w //j°~ .. ~" ",' X ~ 1 x $ °a LL p O ~i'~ 3 0 J 4 ~ Q =° = rc E Y s i ` y w Q 3 '~ ~ S ~ a J ~ ~ Y Q m ~ m V ~ ~ z a' LL LL I ~ J n ~ 0 i 0 d^ link Appendix D -Noise Suppression Plan City of Aspen Construction Noise Suppression Plan As the General Contractor for this construction project, { _ ~cRRy a/ ,E,2,1 hereby agree tothe following restrictions and will provide the necessary noise suppression (outlined below), such that it will lesson the impact to the properties within 300 feet of the project located at 434 £. cYJOPFJC Ar/~ I understand That if ary construction actvities exceed 80 decibels an are not covered by this document 1 will contact the City of Aspen Environmental Huth Dept to design a specific noise suppression plan for those activities. IFRR`/ C,41//1CF.2.l Print name Contact Phone #~ 7U~,920 -l SS8 Many activities cn construction sites are noisy. Although some noise may be unavoidable, it can often be controlled using improved work practices. Builders should make all reasonable efforts to minimize noise. Noise Suppression plans are required for all construction oroiects where activities will generate noise that exceeds 80 decibels. Section 98.04.050(A)(2)(d) Hours of operation AI! construction activity is limited to the following days and times_ Monday fhru Friday Saturday Sunday 7:00 am to 5:00 pm 9:00 am to 5:00 pm No construction work is allowed Constructions activities producing noise greater than 80 decibels are limited to the following days and times: Monday thru Friday 9:OOamto5:00pm Work that is over 80 decibels which by law requires a noise suppression plan will not be allowed for Saturday work that includes but not limited to the use of compressors, generators, jackhammers, power equipment, nail guns, drilling machinery, earth moving equipment and similar (oud construction activities. This does not restricf quiet work inside and outside that does Construction activity is not albwed during ail federal holidays. Due to the congestion in Aspen when town is completely full,. noise suppression plans will not be approved for the following dates: Christmas Week (December 25 through Jan. 7), Food and Wine Week in June (Friday fhru Sunday), 4'" of July day and/or weekend if it falls on a Friday or Monday, and Labor Day weekend. Specific noise suppression requirements for a{I activities exceeding 80 decibels at a construction site include: Notify neighbors within two hundred fifty (300) feet of the project informing them of the kinds of equipment, expected noise levels and durations of loud work. including the variation of noise levels during a typical cohstruction days may be helpful. Such notification must be in writing and be done seven (7) days prior to the starting time of the project. Communication with neighbors can prevent complaints from arising, and resolve concerns before there is a problem. Provide a phone number where the foreman can be reached prior to the start of the job. 2. Operate equipment in accordance with manufacturer's specifications and with all standard mantracturers' mufflers and noise-reducing equipment in use and in properly operating condition. 3. Posi notices to inform workers, including sub-contractors, about the basic noise requirements, as well as specific noise restrictions, to the project. 4. Install noise barriers around all equipmenUactivities specified in Table 1: TYPICAL CONSTRUCTION EQUIPMENT REQUIRING NOISE SUPPRESSION. Noise barriers not only signifrcantly reduce construe#ion noise, but they also provide an ertra benefft of "hiding" the noise producing sources, thus increasing a neighbor's tolerance. (See also the attached fist of noise blocking methods for details on approved noise barriers.) 5. Move portable loud equipment including generators, compressors, and cement mixers to different sides of the property to reduce impacts on individual neighbors. What can you do about construction noise? • The use of radios on fhe site before 8:00 am are not allowed: remind laborers and sub- contraciors. Noise suppression plans will not allow noisy machines such as brick cutters or jackhammers to be operated before 9.D0 am. • Noisy equipment such as cement mixers should be placed on the site to maximize the distance from neighboring houses and/or rotate location so as to not impact. just one neighbor. Noise levels drop quickly with distance from the source. • Ali equipment should be properly maintained, with special attention to mufflers and other noise control devices. • Between work periods, builders are required by city ordinance to shut down machines such as backhoes, bobcats, loaders and generators. When dropping materials from aheight-for example, into or out of a truck, or when loading or unloading scaffolding, noise suppression plans require a chute or side baffles. • All vehicular movements to and from the site must only be made during the scheduled normal working hours. This includes ofi-site noise that is associated with a specifc project such as staging of concrete trucks. Revised 9'27167 T4BLE 7: NOISE CONSTRUCTION EQUIPMENT REQUIRING 11TOYSE SUPPRESSION PLANS _ Egnipment Cafegory ~ f Auger Drill Rig Backhoe ~~ Chain Saw ~- Clarn Shovel ~- Compressor (air) Concrete Mixer Concrete Pump Concrete Saw__~ Crane (mobile or stationary) _ Dozer Drill Rig ------ ____ _ Excavator ____ Front End Loader __ _ Generator_(more than 25 KVA) r _ GradaJl _Grader Horizontal Hydraulic Boring Jack Impact Pile Driver (diesel or drop) Impact Wrench Jackhammer` ~__ Mounted Impact Hamnrer (hoe ram} - ') Paver Pneumatic Tools Rock Drill ~- -- Scraper - -- ----I ~- Scarifier Slurry Machine ~- _ Vibratory Pile Driver Re~zsed 9i27l07 1_lToise Slocldng Methods Contractors shall require alP subcontractors and vendors to use: • Quieter vs. Louder equipment • "Residential" grade combustion engine exhaust silencers • Electrical vs. pneumatic hand power tools: All pneumatic tools operated in the City of Aspen must be fitted with an effective silencer on their air exhaust port. • Hydraulic vs. air powered rock drills • "Silenced" pile drivers vs_ Diesel pile drivers In general, noise reduction equipment and materials may include, but not be limited to: 1. Shields, shrouds, or intake and exhaust mufflers. 2. Noise-deadening material to line hoppers, conveyor tralrsfer points, storage bins, or chutes. 3. Noise barriers using materials consistent with the Temporary Noise Barrier Materials Section. 4. Noise curtains 5. Plytivood with concrete blankets at the height of the equipment and that it surrounds the activity such that it directs noise up more than out from the property. 6. Portable three sided enclosures made out of plytivood to move with the activity such as jack hammering. 7. Internal combustion engines aze to be fitted with a suitable muffler in good repair. Specific Equipment: Generators: The Local power grid shall be used wherever feasible to limit generator noise. No generators larger than 25 KVA shall be used and, where a generator is necessary, it shall have maximum noise muffling capability. Backup Alarzns: All equipment with backup alarms operated by the Contractor, vendors, suppliers, and subcontractors on the construction site shall be equipped with either audible self-adjusting ambient-sensitive backup alarms or manually- adjustable alarms. The ambient-sensitive alarms shall automatically adjust to a maximum of 5 dBA over the surrounding background noise levels. The manually-adjustable alarnvs shall be set at the lowest setting required to be audible above the surrounding noise. Installation and use of the alarms shall be corwistent with the performance requirements of the current revisions of Society of Automotive Engineering (SAE) J994, J 1446, and OSHA regulations. Compressors: The unit with the lowest noise rating which meets the requirements of the job should be used where work is conducted in the City of Aspen, installed with mufflers aurllor enclosed in a noise barrier. lie~•ised 9127!07 Jackhammer: All jackhammers and pavement breakers used on the construction site shall have exhaust systems and mufflers that have been recommended by the manufacturer as having the lowest associated noise anal shall be enclosed. with shields or acoustical. barrier enclosures. Concrete crushers or pavement saws: Pre-augur pile holes to reduce the duration of impact or vibratory pile driving and tie to local power grid to reduce the use of generators and shall be enclosed with shields or acoustical barrier enclosures. Pneumatic hand power tools: All pneumatic tools operated in the Ciry of Aspen must be fitted with an effective silencer on their air exhaust port. Temporary Noise Barrier Materials: Temporary barriers shall be constructed of 3./4-inch Medium Density Overlay (AfDO) plywood sheeting, or other material of equivalent utility and appearance having a surface weight of 2 pounds per square foot or greater. 'fhe temporary barriers shall be lined on one side with glass fiber, mineral wool, or other similar noise curtain type noise-absorbing material at ]east 2-inches. The materials used for temporary barriers shall be sufficient to last through the duration. of the construction project, and shall be maintained in good repair. Prefabricated acoustic bamcrs are available from various vendors. An equivalent bamer design can be submitted in lieu of the plywood bamer described above. Impact Equipment: Impact noise is noise produced from impact or devices with discernible separation in sound pressure maxima. Exanrples for impact equipment include, but are not limited to; blasting, chisel drops, mounted impact hammers (hoe ram), and impact pile drivers. Impact equipment is the loudest and most intrusive to the neighboring property. The City of Aspen requires that this type acti~~ty have the strictest mitigation requirements and requires a customized noise suppression. plan specific to the site. General contractors must contact the City of Aspen Environmental Health Department for an application at 970-920-5039. Noise Control • Replace worn, loose, or unbalanced machine parts that cause vibration. • keep machine parts well lubricated to reduce friction. • Acousticai enclosures and bamers azound generators • Sound absorbing material and vibration isolation systems on hand toots • Quiet work practices -use rubber mallets to erect and dismantle formwork. Revised 927/07 A'oise Controls Tor Construction Equipment (Schneider et al., 1995) equipment ,!Noise Controls ~ i[~''leDriver (Enclosure, muffler (Stone saw cutting Noise control pad with water Handheld impact drills educ4on of reflected sound ircular saw blades ~15° tooth. azrgle, new tooth configuration, slotted saw blades, viscoelastic damping ---- neumatic tools - 'iTvluffler a~ ement breaker! Rock ~ivluffler, enclosure of cylinder case and front head moil damping `2'ortable air compressor ~vluffler, acoustic enclosures _.. i~ ulldozer ulldozer Cab-liner material, enclosure, sound absorption in canopy, Sealing of all openings ' ;Wheeled loader bsorption of sound cooling au route jVfbratory roller Toint Cutter lexible mounting for pump compartment ti-vibration mounting fixtures Revised 9/27!07 .AU.. rA::~.LLY. r nr .-+N.~:M o-MY-YF+-SlF itiw MsfFiY-f~'Cnr. Jr~fv rnn:~. r.W4`WYM1FayrJ.lFL d'liww.:-+isiA./u.W4SN..?F.#wifmrllr.WMLGF'ynY~..mrv^se.-Mn~'.~wViM WLYMLIAJO.'rvr-./MAJn.fr'tl .rm~+'?MJM.uN. ~rvr N...Y. ORDNANCE N0.33 (SERLCS OF 3U02} AN EMERGEI~iCY ORD7iVANCE OF Tim CTTX COTJNCII.OX? THZ': CTI'Y OF ASPEN, COLORADO, TO AIV.[ENI7 8EC'IIOh~ IL04 OF T~{E'}S3ONICIPAI.. CODE OF THE CITY OF, ASPEN ~ Ti IRE PIIEYEN TION AND'FItOTECITQN AND Tt~ AMEND SECTION 24.Ib'O'F TBE riIUNICI2~AL CODE O~ TFIE CITY OF ASPEN- i3ESTDENTIAL PA3t2{II3G PERMIT S'}FSTEMTOR T;~ PURPOSE OF Tiv)]'LEMENTLNG NEW REGULATIONS ENSQF2ING 3`BE SAFETY OF CONST'ICUCTION SITES. WIIEREAS;'the City Counutl of the City of Aspen directed the Co:nmimity Devefopmerlt .Director and the Cnnief $mlding Of&cial of the Comunwdty Developrnenf . Department to propose. amendments to the M-anicigal Code to improve fire protection fur construction sites and iuiptvvc emergency access and parking for cronstruction sites: and, WHEIIEAS, tiie aniendineuts requested relate to Sectin» 71'.04.030, Fire Preve~ion and Prrrteotiou - Amendments, and to Secton 24 16, Residential Parldug Pe!vut System, o£the AspenMunicipaf Code; arid, WHEItI:AS, ptrzsnarit tb Section 1.04.()64,~amendme>xfs to the Ivlniiitaaal Code maybe appmw~d,by City Cotmclt by adoption ofan Ordinance; and, `R'HETtEAB,. the Chief Bui0dmg Official; the Commtmity Dei~elopment Director, and the Aspen Fire Marshalreaominend adoption of the amendnieitfs, as described Mein, to the afore menfioned sections for the purpose of protecting'#he public hea]tb, welfare, and safety; and, . WHEREAS, City Cotuicfl reviewed aril wnstdered the recommendations oftho Chief i3iulaing. OtTieipl, the Community Det~ekpment Diroctor; iha Aspen Fire Marshal, and members offl~ public ducmg a duly unfired pulrTnc hasrmg;cad, . WHEREAS, t3>v City Counra'1 finds tba't the alzxyidrneitis, as hereinafter described, rn~ or exceed all applicable standards and that fire approval is consistent with tla; goals and elen>eitts of th« Aspen AreaCoumrupify Plan; and; WBEi2EAS, the City Council finds flmt'tivs Otdioance fi}tiiieis and. is necessazy for *ba groznotion of public healiti, safety, and welfare and •sYs?utd be adopted as an 'gay Ordiiiarice puisuarit to Section 4.1 I o£the City Charter. 'NOW; THLt&EFOIiE, $E IT ORDA'0t'ED SY T~3E CITY CQDI`TCII. OF THE CITI'. OF ASPEN, COLORADO, TEAT: ' ectlon L• Section 24.16 of rho Municipal. Code of the GSty of Aspen, Colorado, wlsseli seation defines, descrtlica, authorizes; and~regiilates 'the on-street parking permit program vritliin the City of Aspen shall hereby be amended by.add'mg a section reIa#ed t0 rcquireis~ris for canstttet#an staging areas, construction parking areas, and emergency access areas for construction sites within the City of Aspen v~hich said scctioa shaiT read as follows: Ordinance X30.35, Series of 2002 Pagel' 24.16.24D Constructiyn Staging Area, Parking, and imergency Vehicle Access Managemenf Plan To ensure proper gublic health, wolfare, and safety, the Ciky of Aspen requires epprovel of job site plans describing eonskuctian staging area(s), location and number of construction-related vehicles, and enstning proper emergeaey t213in1a access for construction prajec~s wi`dzin the City of Aspen. These plans are regtdred fox all resident~l aonstz'uetion or tnmodeling~of 1,500 square feet, ox more, foz any construction or remodeling involving multi-fa;ruly buildings (three br roore tmirs), or for any canstntetion or remodeling itnrolving cotnmeroial buIIdings. AIl other aonstructian activity shall ]ie considered exempt from these provisians. The contttvation project shaIl be issued street p~fdng pe.-mits for the expected duration o£the groject far a tre. Perking pexmirs issued, pursuant to an approved _ ... .. Construation Staging Area, Parking, and Emergency Vehicle Access Mznagem~t PSrn, shaIl permit the all-day an-street parking a£ construction related velttcks within the specified aonstructon parking area for the duration of the consfntction praject. Construction vehicles parked outside of tlx; approved area or a$er fire speabied oonstruction duraiidn shaRbe considered inviolalion. The Chief Bailding Oiftaial sha4 require submission cf a Construction 'Staging Axes, Parking, and Emergency Vehicle Aocese Management Plan with scrbnussion of btn7diflg permit doounxats. A butte' g patinit shall not be issued un#il'su~ plan rtes been reviewed and approved by the Chief Building Qffieiat. All aonstruction staging and construction parking 'shall be confined to the areas' defined in the approved plan for the job sites 4Vorkets shalt be encouraged to carpool. Emergency access, as desanbed m the approved plea for tl~ job site; shaIl at no time ~ blocked. A stop work order may be issued upon non-' coatpliance. Section I I.04.030 of the Mvaicapal Code of the City of Aspen, Colorado, w}nch Sextion defuzes, descnUes, and authn*izes the. regulations mr fire prevention and protection a~dn tfie CRy'of Aspen shall kteze}ry"be atriehded by adding a section related to reanitements for construction ptoiects within tip City of Aspen and the use oftemporary heating systems which said seation shall rear3 es follows: {h) The ioIlowing sheIl be added to Section 82b3.2.1.2: To ensure proper public hcalttr, welfare, and safely, the City of Aspen rerlns~ any construction site using fuels to generate temporary heat for the pnrpo~ of coaditiordng space during the process of consunction shall be equipped with: . i.. Signaling davioas capable o£detacting flange-Tors leve]s o£hea# and~o= smoke and capable of noti.~~ing a qualified party with responsibility to monitor the site and respond to the aIann and take appropriate actions; (hdinance'Na. 35, Series of 2002 Page 2 __. _ l..Y "+..!/:4(xcm?..nKF~n4M~:.~~r. ur~.+.FA.Y.uu~.M4YJp+t4'iNYT..e....-nA.+nYV+.un.~.avv}1u~. x:+nNV~~umv-nWW W.v.. t.'te- Y.ts.4wn Ya>.3i.AIW4i4+FViJ"S+'G'Y ~4r.:JdM n.akaid.4FA J' ...au.iYl-n -w rs+.-~ .uv .... 2. Ae an altemafe, an approved fire watch plan asd sch*..dula may be substituted for the alarmrequirem~rt; 3. Assoe~sied supply Imes shall be protected tiom flame or heat inapingemant rssuitigq in faIluxe o£ tkaa app'.ianca. or supply .hoses resuking in free flow of volatile fuel nx{o the atmosphere andlor fee situation: 4. A ties flow shut-off value shaIl be reymred on all propane tanks supplying temporary ]teat systems; or, 5. Atry'other plan aceeptable to the Fire Marshal. Prior to the. installation of any temporary heating devlca(s?, the system equipment. chcek list, prepared and maintained by the Fire Marshal, shall be submitted and appzovad by the Fire Marsbal's Office Ii slaaIl be the responstbiliiy of the aontraotor to notify the Fuue Marshal ptlor to the activation of anq temporary heating device. 1'ha prir~ipal cuntzactor, or lmme owner-builder shall submu a statement acknowledging and agreeing to the terms of Ibis sec'don with sgbmission of gilding permit docw~nams. A stop avrk order may be issu.°d upon non- cones}iance withprovisio~ ofibis section. . (jj) Section 16 of the Agpeadix II-A of the Uniform P'a's Code is amended as follows: . u 9 'Ilvs Oxdnanoe is adopted assn emezgency ordinance, purstmtd to Section 4.11 of tlto Cttq Charter, and shall be affective Novanlxx 1, 2002 a~ apply to all ourtenSy permitted and adiva construction projects within Ste City ofAspea Sieeaffer. Sec n 4• 17ris Ord'mattce shall not affect arty existing 1rtigstion and shall zrot operate as an abatement of ar{y action or procced$g' now pendir~ under or 1iy virtue of the ordinances aepeaicd or ~eitdsd as herein pmvided, and the same shad be conducted' and. concluded vndar suchprior ordinances. Sec3ion 5: If any section, subsection, sentence, claiue, please, or portion of this Orfdinaace is for any reason held invalid of tatoonstittRioxml in a court of competent jcuisdicSon, sudr portion shall be deemed a separate, d aud~indepenclsrct provision and shaIl not zftect the vaTx}ity.of Ste ramsining portions thereof ecAio b: A public hearing on the Ordit>FUCa shalt be heM on the 15°r day of October, 2002,- at 5:00 pm in rltC Ciiy.Couna7 L:hambers> Asge~ Cite Hall, Aspen Colorado, fi&ecn (IS) days prior to whichheating apabEe notice ofthe'same was publ~d in a nawspapea~of general circnilation wiSiinthe City afAspen. Ordinanes No. 35, Series of 2002 Fage3 INTRODUCED, READ ~llVf? 4X{DERED PIIBLTSHPD as provided b?' law, bythe Cky Coutra'l ofthe City ofAsroenoathe 23~' day ofSeptetnber; 2002. Attest: _.. ,,I~tltrgn5 och, Clerk 1.. _ . FI1VrALf.I', adapted, passed aod_appxoved this i~d2y.of ~*_- ~~002 Attest: . Kathryn oc&, Cfty Clerk. iFEelett K. Klm a, r ~ - ::_z APProved asto form: c-- ~ horn Crdm,"ancs3Na. 3S, Ser~s of2002 Page 4 u. 'l..v::.y .,N-.--Ma.. A. e<::.vY'+. 1..1 u': 44..n.Rn iY-Ni`-r-0iA nuw .vTniianc... Wnur..M:'N:'~ Lv+Wa-NnV4-n".ufv .. Wu»4n i.'a-;wNryW Aras+Mid:-.n'V+wU. wn iHuH-r.an. 1- W4WFA4kMH.+0.'+-../f:~t'i Iw um..~r..V'~:'.i ~~~~ ~ PROPOSED VS EXISTING NET LEASABLE COMMERCIAL SPACE Bidwell - 2530 March 11, 2008 W '~ W N m W u! '~ W 2 W W Z h ~ 2 O a O a H w FLOOR LEVEL TOTAL TOTAL FLOOR LEVEL BASEMENT LEVEL BASEMENTLEVEL N/A N/A SF 2,935 SF NORI - RETAIL SUB-TOTAL 0 SF 2,935 SF SUB-TOTAL LEVEL ONE LEVEL ONE LARGE SPACE 4,681 SF 1,224 SF HELLY HANSEN -RETAIL SMALL SPACE 950 SF 1,247 SF RADIO -RETAIL 568 SF GOLD MASTERS 967 SF KEMO SABE 577 SF ASPEN LAND AND HOME SUB-TOTAL 5,631 SF 4,583 SF SUB-TOTAL LEVEL TWO LEVEL TWO OFFICE 4,954 SF 941 SF KEMO SABE -OFFICE 473 SF ASPEN LAND AND HOME 1,153 SF EYE DOCTOR -OFFICE 181 SF ASPEN LAND AND HOME 1,243 SF ASPEN LAND AND HOME 572 SF MISC OFFICE SUB-TOTAL 4,954 SF 4,563 SF SUB-TOTAL LEVEL THREE LEVEL THREE N/A N/A SF N/A SF N/A SUB-TOTAL 0 SF 0 SF SUB-TOTAL TOTAL 10,585 SF 12,081 SF TOTAL o~~ ~ y _ 3 L' h ~ < 'l f w ~ J V f V y y ~ fro ~~_ o m °~~ Q~ ~ ~ N y s~~ o ° ~' jO'w A 6 y O ~p O ~ ~ ~ O o ~ o '^ o ~ mwm ~ N ~ O ~ ~ N ' m' ~~~ aWo v o O ~ A C W A ~ 0D o 0 ~wm ~ J ow 3 ~ V wo oN W A W A °~w A ww V N +owland+broughton architecture and urban design ~~~~ ~ Mountain Plaza Tenant List Sotheby's (Aspen Land & Homes) -lease expires 7/31/08. There is an option for another five years that will be exercised. This is a locally owned business. Nori -lease expires 10/31/08. This is a locally owned business. Goldmaster's -lease expires 10/30/08; there are two (2) three-year options; there is a clause in the lease for relocation in the event of redevelopment. This is a locally owned business. Radioboard -lease expires 4/30/08; there is an option in the lease for another 2 years that will be exercised. This is a locally owned business. Kemosabe -lease expires 4/30/08. They have signed a new lease for 5/1/08-4/30/10 with an option in the new lease to lease space in the new building. They will most likely close during the construction period. This is a locally owned business. We have agreed to lease space in the new building to this locally owned business at a below market rate because they are a valued tenant. Helly Hansen -lease expires 10/31/10; there is one (1) five-year option, and a clause in lease for relocation in the event of redevelopment. Countrywide Mortgage -lease expires 9/31/09. Most of our leases have been kept short term over the past 3 years in anticipation of the redevelopment of the building; rent and quality tenants have been sacrificed to do this. Mark and Jeannine Bidwell E~ ~~~ LEED for New Construction v2.2 Registered Project Checklist SEED Project Name: Project Address: Ves ! No .r Rrereq t Construction Activity Pollution Prevention Required credit t Site Selection ~ credit 2 Development Density 8 Community Connectivity t credit 3 Brownfield Redevelopment 1 'Credit a.t Alternative Transportation, Public Transportation Access t credit a.2 Alternative Transportation, Bicycle Storage & Changing Rooms 1 credit a.3 Alternative Transportation, Low-Emitting 8 Fuel-Effcient Vehicles t credit as Alternative Transportation, Parking Capacity ~ credit 5.1 Site Development, Protect or Restore Habitat ~ Credit 5.2 Site Development, Maximize Open Space t Credit 6.1 Stormwaffir Design, Quantity Control ~ Credd s.2 Stormwater Design, Quality Control t creda z1 Heat Island Effect, Non-Roof ~ credit z2 Heat Island Effect, Roof t t credit a Light Pollution Reduction Yes 7 No il_L_ ° ~ creda t.t Water Efficient Landscaping, Reduce by 50% Credit 1.2 Water Efficient Landscaping, No Potable Use or No Irrigation credit 2 Innovative Wastewater Technologies credit 3 i Water Use Reduction, 20% Reduction creda 32 Water Use Reduction, 30% Reduction -r-- •. t n ~ f r L__.. ._ __ '~ Rrereq i Fundamental Commissioning of the Building Energy Systems Required Prereq 2 Minimum Energy Performance Required Rrereq 3 Fundamental Refrigerant Management Required 'Note for EAC1'. All LEED for New Construction projects registered after June 26'". 2007 are required to achieve at least two (2) points under EAct. t to io credit t O timize Energy Performance ~ 10.5% New Buildings or 3.5% Existing Building Renovations 14% New Buildings or 7% Existing Building Renovations 2 17.5% New Buildings or 10.5% Existing Building Renovations 3 21% New Buildings or 14% Existing Building Renovations a 24.5% New Buildings or 17.5% Existing Building Renovations 5 28% New Buildings or 21% Existing Building Renovations s 31.5% New Buildings or 24.5% Existing Building Renovations a 35% New Buildings or 28% Existing Building Renovations 38.5% New Buildings or 31.5% Existing Building Renovations `- 42% New Buildings or 35% Existing Building Renovations t~ credit 2 On- Site Renewable Energy ~ tO ` t 2.5% Renewable Energy ~7.5% Renewable Energy ` 12.5% Renewable Energy credit3 Enhanced Commissioning credit a Enhanced Refrigerant Management ~ credits Measurement & Verification credits Green Power continued... ves i No -• Prereq t Storage & Collection of Recyclables Required credit tt Building Reuse, Maintain 75% of Existing Walls, Floors & Roof t credit t.z Building Reuse, Maintain 95% of Existing Walls, Floors & Roof t Credit 1.3 Building Reuse, Maintain 50% of Interior Non-Structural Elements t credit z t Construction Waste Management, Divert 50% from Disposal ' Credit z.2 Construction Waste Management, Divert 75% from Disposal t Credit 3,1 Materials Reuse, 5% t credit 32 Materials Reuse,10% t credit a.t Recycled Content, 10% (post-consumer +''/z pre-consumer) t credit a2 Recycled Content, 20%(post-consumer+Y:pre-consumer) t Credit 5.1 Regional Materials, 10% Extracted, Processed & Manufactured Regio ' Credit 5.2 Regional Materials, 20% Extracted, Processed 8 Manufactured Regio ' credits Rapidly Renewable Materials t Credit/ Certified Wood t ves No •s11 ~ ~ '• Prereq t Minimum IAQ Performance Required Prereq z Environmental Tobacco Smoke (ETS) Control Required credo t Outdoor Air Delivery Monitoring t credaz Increased Ventilation t credit 3.t Construction IAO Management Plan, During Construction t Credit 3.2 Construction IAQ Management Plan, Before Occupancy ' credit a.t Low-Emitting Materials, Adhesives 8 Sealants t credna.z Low-Emitting Materials. Paints & Coatings t creda a 3 Low-Emitting Materials, Carpet Systems ' credit a a Low-Emitting Materials, Composite Wood & Agrifiber Products ' credits Indoor Chemical 8 Pollutant Source Control t credit s.t Controllability of Systems, Lighting t credit s.z Controllability of Systems, Thermal Comfort t ~ credit zt Thermal Comfort, Design credit 7.2 Thermal Comfort, Verification ' Crean s.t Daylight & Views, Daylight 75% of Spaces credo a.z Daylight 8 Views, Views for 90% of Spaces yes N° .d ,~ credit t.t Innovation in Design: Provide Specific Title ' credit t.z Innovation in Design: Provide Specific Title ' credit t.3 Innovation in Design: Provide Specific Title t credo t.a Innovation In Design: Provide Specific Title t credit2 LEED®Accredited Professional t ves ? No .~ • - • ~ - Certified: 26-32 points, Silver: 33-38 points, Gold: 39-51 points, Platinum: 52-69 pc ~~~~ K~ aec Architectural Engineering Consultants Mechanical & Electrical Design Services March l2, 2008 John Rowland Rowland + Broughton 117 S. Monarch Street Aspen, Colorado Re: Mountain Plaza Energy Analysis Dear John, The following is an analysis comparing anticipated energy usage of the proposed Mountain Plaza Building with energy usage of the existing Mountain Plaza Building. As a result of the analysis, it is estimated that the proposed building will use 68% Tess energy (per SF) than the existing building. I have also included an update of my conversations with the Aspen Building Department and an overview of the LEED design process. A key aspect of the LEED (Leadership in Energy and Environmental Design) process is detailed energy modeling of the proposed building. This modeling is very intensive and takes into consideration such aspects as the anticipated building envelope insulation values, equipment efficiencies, usage schedules, lighting loads, and ventilation. The modeling is a crucial design tool and an iterative process; it provides feedback to the entire design team and will ultimately help us to optimize the building performance. As a prerequisite, the LEED process requires that the proposed building's energy model outperform the baseline requirements of the energy codes currently adopted by the City of Aspen. Up to 10 LEED points towards LEED accreditation are obtained by exceeding these requirements on a percentage scale (Energy and Atmosphere Credit 1). On July 6, 2007, Rocky Mountain Institute (RMI) led the Mountain Plaza design team through aday-long charrette to identify the possibilities of achieving accredited status and where such points towards accreditation can be achieved. As a conservative estimate, the design team is confident that we can obtain 3 points in this category, which corresponds to a 17.5% reduction in building energy from the LEED baseline. Greater building efficiencies are possible and will become clear as the design team is authorized to proceed with the energy model. The first pass model will include anticipated insulation values and mechanical and electrical equipment efficiencies, and will be based upon the originally proposed design. As the project advances, we will use the model to find ways to further increase the efficiency of the building. For example, we could look at how to alter the shading for windows, 40801 US Hwy 6 & 24, Ste #214 Avon, Colorado 81620 Post Office Box 8489 Avon, Colorado tstn~u Phone: 970-748-8520 Facsimile: 970-748-8521 Email: stan(n~aec-vail.com Web: www.aec-vail.com increase the roof insulation, or utilize energy recovery ventilation systems. Ultimately we will maximize our efficiencies and submit the calculations to the LEED office for review. We can compare the energy usage of the proposed building to the existing building by comparing the existing building to the LEED baseline. Based upon reasonable assumptions of the existing building's construction, equipment efficiencies, and electrical consumption, we estimate that the existing building uses approximately 50% more energy than the LEED baseline (refer to Table A). Since it is anticipated that the proposed building will use at (east 17.5% less energy than the LEED baseline, we can safely assume that the proposed building will be approximately 68% more energy efficient than the existing building. The LEED process is a collaborative effort, and one of our first tasks was to determine the relationship between the design team, the LEED office, and the City of Aspen Building Department. Denis Murray (City of Aspen -Plans ExaminerBuilding Inspector) will review the building design for compliance with the IECC (International Energy Conservation Code), the APECC (Aspen- Pitkin Energy Conservation Code), and the AEBP (Aspen Efficient Building Program). The City of Aspen will not review the LEED documentation as that is the responsibility of the USGBC (United States Green Building Council), but it will monitor our progress to ensure that the LEED Certification is obtained. I have offered to keep a running dialogue with the Building Department and to share all data as it becomes available. This is an exciting opportunity for all parties involved. I sincerely look forward to seeing it through to fruition. Sincerely, Taylor Critchlow Mechanical Engineer &LEED AP Architectural Engineering Consultants V c r. v ~ n C C y, O - U ~ W C .~ C CJ G L4 oA W h ': ~. p += U v .~. ~ 's L Q m ~~ L V U. ~ o N m ~ ~ r N d N L = O) . ~ 3 D1 a C y 'O ~ N M N ~ O m A m J G 0 e W J m ... . ~ N L ~ U O r r N p W O~ 1 V> ~ ~ CJ ~ Q N ~ V M ~ i W A t 9 C : ° m 3 y W d a = o d Q C p y N M M W ~ 0 d W J .t + O c o E N O IL y y C ~ M ~ 0 I~ O 0 ~ V W O1 N eD Cl ~ W t0 O 0 O uj N T N N (~ M N M ~ v W `y t ( Q U c o W c u c - _ v ~ m N m ~ y 0 (O O M N M C W N I~ M O N O N c0 .- . N LLQ, W y NA Q N a ~ c m ~ ~ O O M r '() O M ~ O a D C Q ~ N W a C LL y C ~ m = ~ N W C > > C W C rn C N d N N O d L C ~C ~ m > m K _ m ~ K O ~ C W J d N = 'y ~ m ~ ~ m 3 ~ ~ - O ~ W ~ ~ o N N °% O = 3" m 0 ~ c 3 4 S = = ~ d o' d a' 3 V a ~-