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agenda.council.regular.20110808
CITY COUNCIL AGENDA August 8, 2011 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Minutes — July 25, 2011 VII. First Reading of Ordinances a) Ordinance #23, 2011 — MAA Water Service Agreement VIII. Public Hearings a) Ordinance #21, 2011 — 518 W. Main Street Subdivision b) Ordinance #19, 2011 — Aspen Walk Final PUD IX. Action Items a) Resolution #53, 2011 — Construction Contract — Wheeler Opera House X. Adjournment Next Regular Meeting August 22, 2011 COUNCIL'S ADOPTED GUIDELINES ✓ Stick to top priorities ✓ Foster a safe, supportive, innovative environment that encourages creativity and acceptable risk - taking ✓ Create structure and allow adequate time & resources for citizen processes. Demonstrate and invite active listening COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. MEMORANDUM TO: Mayor and City Council FROM: Andy Rossello, Utilities Engineer Phil Overeynder, Utilities Engineer — Special Projects Alperstein & Covell, water counsel THRU: Dave Hornbacher, Director of Utilities and Environmental Initiatives DATE OF MEMO: August 1, 2011 DATE OF MEETING: August 8, 2011 RE: Amendment to Water Service Agreements with Music Associates of Aspen REQUEST OF COUNCIL: Enact Ordinance No.a.3 (Series of 2011) adopting an Amendment to Water Service Agreements with Music Associates of Aspen, Inc. ( "MAA ") in the form attached to said ordinance. The Amendment to Water Service Agreements provides for infrastructure improvements at the MAA campus, in accordance with MAA's approved 2008 Master Plan, and for certain expanded water service by the City of Aspen. PREVIOUS COUNCIL ACTION: City Council approved a water service agreement dated November 14, 1983, to provide extraterritorial water service to MAA, and a second agreement dated March 14, 1994, to provide water service to MAA's lessee, Aspen Country Day School. BACKGROUND: The MAA campus comprises almost 39 acres, and presently receives City water service pursuant to the 1983 Water Service Agreement. In addition, MAA is party to a long -term lease agreement with Aspen Country Day School ( "ACDS ") and water service is provided to ACDS pursuant to a second water service agreement dating from 1994. MAA is planning a reconstruction and expansion of its facilities, and in 2008 obtained Pitkin County's approval of a Master Plan for this project. Among other things, the construction contemplated by the Master Plan will require construction and installation of new mains, service lines and other water system infrastructure, including upgrades to the Castle Creek Water Treatment Plant and an emergency fire pump connection to the City's Highlands Tank. The costs of all demolition, reconstruction, upgrades and improvements will be borne by MAA. ACDS is still considering whether it will continue its lease with MAA, but it does not object to the proposed Amendment to Water Service Agreements. DISCUSSION: Key aspects of the Amendment to Water Service Agreements include (1) Demolition of several of the older buildings on the MAA Property, remodeling of others, and construction of new facilities, including a new school, three ensemble halls, additional classroom space, practice rooms, and a new administration/cafeteria building. (2) Renovation and expansion of the existing Castle Creek Building. (3) Upgrades, improvements and changes (all at MAA's expense) to the City's Castle Creek Water Plant, and to the City's Highlands Tank including an emergency fire pump connection. Even with these improvements, the treated water service to be provided by the City will not be sufficient, alone, to meet the fire flow requirements imposed by the Aspen Fire Protection District. The City is not required to meet these requirements with its treated water system. (4) Because the Aspen Fire Protection District has required flow rates and pressures that are not expected to be provided by the treated water service provided by the City, MAA will be responsible for providing, at its expense, additional sources of water to meet the fire flow and fire protection requirements of the Aspen Fire Protection District. (5) On -site fire flow will be augmented by the installation of a new dry fire hydrant. This hydrant will draw water from MAA's ponds and will not be connected to the treated water system. (6) MAA will also install new water utility infrastructure, including new fire hydrants, new four inch domestic and fire service lines, a new eight inch looped water mains, a new irrigation tap, and related infrastructure and facilities. (7) Construction of the emergency fire pump system connection to Highlands Tank will be undertaken by the City (at MAA's cost) and is anticipated for completion during the 2011 construction season. Completion by MAA of the new 8 -inch main water line and loop system and related water system infrastructure is required no later than May 14, 2018. Construction will be in phases. (8) Until completion of the new 8 -inch looped water line, the City will continue to deliver water to MAA and ACDS via the existing 8 -inch water line, in the amounts historically provided and increasing as required as new buildings are occupied and all required fees are paid. (9) The number of additional ECUs to be served beyond the current service levels provided to MAA and ACDS is estimated to be 24.26 ECUs (for a total of 70.97 ECUs for all campus buildings combined) plus 8.0 ECUs for permanent outdoor irrigation, or a total maximum water service obligation of 78.97 ECUs. This number is subject to final verification when all Master Plan improvements have been completed. (10) Aspen will provide a temporary supply of irrigation water for a period of five years. FINANCIAL/BUDGET IMPACTS: Staff evaluated both costs and projected revenues from the proposed service extension, recognizing the project phasing. Phase I of the Project would generate between $26,500 and $32,000 in added annual revenue to the water fund due to water sales and other revenues depending on assumptions regarding water consumption. At project completion, it would generate between $49,000 and $58,500 in annual revenue. The expected annual revenue is projected to recover both the proportionate share of the water system operating costs as well as 40% of the capital expense which is associated with provision of service as required by the Municipal Code and the City's water policy regarding cost recovery. The above revenue is in addition to tap fee, in -lieu of water rights, and well development charges. Annualizing the expected tap fee revenue demonstrates that the project will fully fund its pro -rated share of both past and expected capital costs associated with provision of water service. 2 ENVIRONMENTAL IMPACTS/PLANNING CONSIDERATIONS: The environmental impacts of the MAA project were considered in the County master planning process, to which the City provided input. The Community Development Department will be asked for input and any permits that may be required for the emergency fire pump station, which will belong to the City and will be constructed on City property. RECOMMENDED ACTION: City Staff recommends that Council enact Ordinance No.d3 (Series of 2011), authorizing the Amendment to Water Service Agreements in the form attached to the proposed ordinance. ALTERNATIVES: 1. No Amendment to Water Service Agreements: If the water service agreements are not amended, MAA will be unable to implement its Master Plan, as the treated water supplies available under the original agreements will be insufficient for its needs. MAA will be required to revise its Master Plan to reduce its treated water requirements, or develop an alternative or supplemental source of supply. 2. Alternative Source of Supply for MAA. If MAA were to develop an alternative or supplemental supply of treated water, the source would likely be wells tributary to Castle Creek, with an augmentation plan. Because the City is already providing a certain level of water service to MAA pursuant to the 1983 Water Service Agreement, and to ACDS pursuant to the 1994 water service agreement, there is a risk of cross - contamination with the City's treated water system, if the City continues to provide treated water under these agreements while MAA provides supplemental treated water service from an alternative source. Furthermore, in staffs experience, well supplies are often unreliable, and well users frequently seek City water service as a result. A carefully prepared comprehensive water service agreement is preferable to an agreement that may be made quickly in response to a health or emergency situation that may arise with a failing well system. PROPOSED MOTION: I move that City Council approve on first reading the Amendment to Water Service Agreements attached to the proposed ordinance, and that the Amendment be set for a public hearing at second reading on August 22, 2011. CITY MANAGER COMMENTS: ATTACHMENTS: Proposed Amendments to Water Service Agreement Exhibits Proposed Ordinance 3 ORDINANCE NO. ,,,.3 Series of 2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE WATER SERVICE AGREEMENT WITH MUSIC ASSOCIATES OF ASPEN DATED NOVEMBER 14, 1983, AND THE WATER SERVICE AGREEMENT AMONG THE CITY, MUSIC ASSOCIATES OF ASPEN, AND ASPEN COUNTRY DAY SCHOOL DATED MARCH 14 1994, FOR PROVISION OF TREATED WATER SERVICE OUTSIDE THE CITY LIMITS. WHEREAS, City Council entered into a Water Service Agreement with Music Associates of Aspen, a Colorado non -profit corporation ( "MAA "), for provision of City treated water service to their property located in Pitkin County, Colorado ( "MAA Property"); and WHEREAS, the Aspen Country Day School, a Colorado nonprofit corporation ( "ACDS ") has operated school facilities located on portions of the MAA Property pursuant a lease agreement with MAA dated August 25, 1992, and is provided water pursuant to a second Water Service Agreement dated March 14, 1994, between the City and ACDS and MAA; and WHEREAS, the 1983 Water Service Agreement and the 1994 Water Service Agreement are referred to collectively in this Ordinance as the "MAA Water Service Agreements"; and WHEREAS, in 2008, MAA received Pitkin County's approval of a Master Plan for its campus, which provides for demolition of many of the existing buildings on the MAA Property, and construction of new facilities to accommodate the continued use of the campus for educational purposes; and WHEREAS, the construction contemplated by the Master Plan will require construction and installation of new mains, service lines and other water system infrastructure, as well as expanded municipal water service for the MAA Property; and WHEREAS, the Master Plan also contemplates upgrades, improvements and changes to the City's Castle Creek Water Plant, including an emergency fire pump connection to the City's Highlands Tank; and WHEREAS, such upgrades, improvements and changes to the City's Castle Creek Water Plant and the emergency fire pump connection to the City's Highlands Tank are to be made at MAA's expense; and WHEREAS, MAA acknowledges that notwithstanding the upgrades, improvements and changes to the City's Castle Creek Water Treatment Plant and the emergency fire pump connection to the City's Highlands Tank, MAA will also be responsible for additional fire protection measures for the MAA Property in order to meet the requirements of the Aspen Fire Protection District; and WHEREAS, MAA wishes to obtain expanded municipal water service from the City to serve the planned improvements described in the Master Plan, all as provided in the proposed Amendment to Water Service Agreements; and WHEREAS, ACDS concurs with the Amendment, the water system improvements and expansion of water service sought by MAA; and WHEREAS, City staff have determined that the proposed infrastructure improvements and expanded water service requested by MAA, if provided in accordance with the proposed Amendment to Water Service Agreements, comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the "Code "), and with the requirements of the City's Water Service Extension Policy, which permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5, Series of 1993, as amended (codified at Section 25.12.020(b) of the Aspen Municipal Code, as the same may be further amended from time to time); and WHEREAS, the City Council has had an opportunity to review with City staff the terms and conditions of the proposed infrastructure improvements and expanded water service requested by MAA, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the proposed Amendment to Water Service Agreements, authorizing additional water system infrastructure and improvements, and expanded water service to MAA, all as described in the Amendment to Water Service Agreements, is in the best interest of the City, and complies with requirements of the Municipal Code of the City of Aspen, Colorado (the "Code "), and with the requirements of the City's Water Service Extension Policy, and the City Council approves the Amendment to Water Service Agreements attached hereto and incorporated herein by reference. Section 2. 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 ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4. A public hearing on the ordinance shall be held on the 25th day of July, 2011, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 8th day of August, 2011. Mayor Attest: City Clerk FINALLY ADOPTED, PASSED AND APPROVED THIS DAY OF , 2011. Mayor Attest: City Clerk A &C 07292011 v. 2 CITY OF ASPEN AMENDMENT TO WATER SERVICE AGREEMENTS FOR THE ASPEN MUSIC FESTIVAL AND SCHOOL PROPERTY This Amendment to Water Service Agreements ( "Amendment ") is entered into this day of , 2011, in Aspen, Colorado, between THE CITY OF ASPEN, a Colorado municipal corporation and home rule city whose address is 130 South Galena Street, Aspen, Colorado 81611 (hereafter the "City "), Music Associates of Aspen, Inc., a Colorado nonprofit corporation ( "MAA ") located at 2 Music School Road, Aspen, Colorado 81611, and is intended to amend two existing water service agreements between and among the parties, as set forth herein. WITNESSETH WHEREAS, the City owns and operates the City of Aspen water system in accordance with the laws of the State of Colorado, and in accordance with the charter, ordinances, rules, regulations, policies and resolutions of the City of Aspen, and this Amendment is entered into in conformity with, and subject to, such charter, and all such ordinances, rules, regulations, policies and resolutions. WHEREAS, MAA is the owner of certain real property (the "Subject Property") described as LOT 1 -A AS SHOWN AND DESCRIBED IN THE EXEMPTION PLAT OF LOT I -A AND DESCRIBED IN THE EXEMPTION PLAT OF LOT A -A, M.A.A. FILING NO. 1 (A REPLAT OF LOT 1, M.A.A. FILING NO. 1) ALSO KNOWN AS THE ASPEN MUSIC SCHOOL CAMPUS, AS SHOWN AND DESCRIBED IN THE PLAT MAP RECORDED AUGUST 31, 1978 IN PLAT BOOK 6 AT PAGE 148 UNDER RECEPTION NO. 206913, AND THAT PORTION OF THE BISHOP/M.A.A. LOT LINE ADJUSTMENT PLAT SHOWN AS THE TRANSFER PARCEL, RECORDED IN PLAT BOOK 90 AT PAGE 35, RECEPTION NO. 556085, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE N88 °39' 15 "W, 395.24 FEET ALONG THE SOUTHERLY LINE OF SAID SE 'G, SE ''A OF SECTION 14 TO THE SOUTHEAST CORNER OF LOT 2, AMENDED FINAL PLAT OF M.A.A. INC. FILING I AS RECORDED IN PLAT BOOK 4, PAGE 466, PITKIN COUNTY RECORDS; THENCE DEPARTING SAID SOUTHERLY LINE AND ALONG THE EASTERLY LINE OF SAID LOT 2 THE FOLLOWING FIVE (5) COURSES: I )NO2°01'48"W, 157.90 FEET, 2) N3l °53' 12 "E, 448.14 FEET, 3) N48 °01'34 "W, 347.38 FEET, 4) N78 °21 "48 "W, 110.00 FEET, 5) N4 1 °44' 14 "W, 183.37 FEET TO THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF CASTLE CREEK ROAD, 30 FEET FROM THE CENTERLINE OF SAID ROAD AS IT CURRENTLY EXISTS; THENCE ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE THE FOLLOWING FOUR (4) COURSES AND CURVE: 1) N64 °51'54 "E, 131.13 FEET, 2) 70.44 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 °27'10 ", A RADIUS OF 300.00 FEET AND A LONG CHORD WHICH BEARS N58 °08' 19 "E, 70.28 FEET 3) N51 °24'44 "E, 390.59 FEET, 4) N48 °13'23 "E, 131.53 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 2, SECTION 14; THENCE ALONG SAID NORTHERLY LINE S89 °12'22 "E, 75.57 FEET TO THE EASTERLY LINE OF SAID SECTION 14; THENCE ALONG SAID EASTERLY LINE N00 °13'20 "E, 66.26 FEET TO SAID SOUTH EASTERLY RIGHT -OF -WAY LINE OF CASTLE CREEK ROAD; THENCE ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE THE FOLLOWING SEVEN (7) COURSES AND CURVE: 1) N48 °59'51 "E, 225.68 FEET, 2) N45 °05'30 "E, 152.90, 3) N47 °19'02 "E, 152.08 FEET, 4) N44 °39'05 "E, 150.85 FEET, 5) N44 °29'15 "E, 126.07 FEET, 6) 182.73 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF l0 °40'59 ", A RADIUS OF 980 FEET AND A LONG CHORD WHICH BEARS N39 °08'46 "E, 182.46 FEET, 7) N33 °48'16 "E, 45.87 FEET; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT -OF -WAY LINE S42 °01'48 "E 278.39 FEET TO THE INTERSECTION WITH THE 4 -5 LINE OF SAID BEATRICE PLACER; THENCE PARTIALLY ALONG SAID 4 -5 LINE S27 15'51 "W, 362.98 FEET; THENCE DEPARTING SAID 4 -5 LINE AND ALONG THE SAID TRANSFER PARCEL THE FOLLOWING NINE (9) COURSES: 1) S40 °29'37 "E, 798.19 FEET TO CORNER #I OF SAID BONANZA PLACER, 2) S00° 13'54 "W, 529.05 FEET TO CORNER #16 OF SAID BONANZA PLACER, 3) N89 °59'27 "E, 5.31 FEET TO CORNER #15 OF SAID BONANZA PLACER, 4) S85 °07'16 "W, 36.85 FEET ALONG THE 15 -14 LINE OF SAID BONANZA PLACER, 5) DEPARTING SAID 1 A &C 07292011 v. 2 15 -14 LINE N43 °25'26 "W, 632.46 FEET, 6) S80 °19'07 "W, 220.33 FEET, 7) S22 °52'52 "W, 161.75 FEET, 8) S32 °15'24 "W, 271.26 FEET, 9) S71 °20'21 "W, 395.47 FEET TO A POINT ON THE EASTERLY LINE OF SECTION 14; THENCE ALONG SAID EASTERLY LINE SOO °13'20 "W, 412.89 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 38.48 ACRES, MORE OR LESS. (LEGAL DESCRIPTION CREATED BY SCHMUESER GORDON MEYER). and WHEREAS, the Subject Property comprises approximately 38.48 acres; and WHEREAS, MAA receives water service from the City pursuant to a Water Service Agreement dated November 14, 1983, recorded with the Pitkin County Clerk & Recorder at Book 465, pages 294 -302 ( "MAA Agreement "); and WHEREAS, the water delivered pursuant to the MAA Agreement is used on the Subject Property by the Aspen Music Festival and School ( "AMFS ") WHEREAS, pursuant a lease agreement with MAA dated August 25, 1992, the Aspen Country Day School, a Colorado nonprofit corporation ( "ACDS ") operates school facilities located on portions of the Subject Property, and receives water service from the City pursuant to a Water Service Agreement dated March 14, 1994, between the City and ACDS and MAA, which agreement is recorded with the Pitkin County Recorder at Reception No. 550180 ( "ACDS Agreement "); and WHEREAS, the MAA Agreement and ACDS Agreement, as amended by this Amendment, are collectively referred to herein as the "Music School Water Service Agreements" and WHEREAS, City water service provided pursuant to the Music School Water Service Agreements is delivered to the Subject Property by means of an 8 -inch water line that delivers water from the clear well at the City's Castle Creek water treatment plant; and WHEREAS, the existing 8 -inch water line, as well as the hydrants and other water system infrastructure located within the Subject Property have been conveyed to the City, and are owned, operated, maintained, repaired and replaced by the City, and service connections within the Subject Property are owned, operated, maintained, repaired and replaced by MAA; and WHEREAS, on May 14, 2008, MAA received Pitkin County's approval of a Master Plan for the renovated AMFS campus on the Subject Property; and WHEREAS, Pitkin County Board of County Commissioner's Resolution No. 050 -2008, recorded at Reception No. 550330 with the Pitkin County Clerk & Recorder on June 18, 2008, is attached as Exhibit A, and provides for demolition of many of the existing buildings on the Subject Property, and construction of new facilities to accommodate the continued use of the campus for educational purposes; and WHEREAS, the construction contemplated by the Master Plan will require construction and installation of new mains, service lines and other water system infrastructure as shown on Exhibit B ( "Water System Improvements "); and WHEREAS, MAA wishes to obtain expanded municipal water service from the City to serve the planned improvements described in the Master Plan; and 2 A &C 07292011 v. 2 WHEREAS, the Subject Property is located outside the corporate limits of the City; and WHEREAS, the City has determined that this Amendment is necessary to comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the "Code "), and with the requirements of the City's Water Service Extension Policy, which permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5, Series of 1993, as amended (codified at Section 25.12.020(b) of the Aspen Municipal Code, as the same may be further amended from time to time); and WHEREAS, the City is not hereby representing that it is a regulated public utility, or holding itself out to the public in general as capable of or intending to provide water service extraterritorially; and WHEREAS, MAA has submitted its Application for Water Service Extension (the "Application ") and has paid all fees required in connection with the Application. The Application, and all attachments, addenda and exhibits thereto have been relied upon by the City in authorizing this Amendment; and WHEREAS, the City has approved the Application, and is willing to continue to provide water service to the Subject Property on the terms and conditions of the Music School Water Service Agreements as amended by this Amendment, THEREFORE, in consideration of the premises and the mutual promises and covenants contained herein, the City and MAA further agree as follows: 1. Demolition and Construction on Subject Property. The Master Plan provides for demolition of several of the older buildings on the Subject Property, remodeling of others, and construction of new facilities. Planned construction includes a new school, three ensemble halls, additional class room space, practice rooms, and a new administration/cafeteria building. The existing Castle Creek Building will be renovated and expanded. These planned improvements will be constructed in multiple phases. Related improvements to the water systems for the Property will be phased as follows: a. Preliminary water system improvements to be completed by the City: Prior to the commencement of MAA's first phase of development, assuming all financial and security contingencies are timely satisfied by MAA, the City will design and construct, at MAA's expense, upgrades, improvements and changes at the City's Castle Creek Water Plant, including: (1) a connection to the City's Highlands Tank in order to improve water flow rate and pressure in both the existing 8 -inch line that now serves the Subject Property and a new, looped 8" main to be constructed on the Subject Property by MAA during its subsequent development of the Property; (2) installation of an emergency fire pump station to supplement flows in the event of large system demand during an emergency event on the Subject Property; i and (3) backflow and cross - connection prevention at the connection to the Highlands Tank and /or fire pump station to guard against any risk of cross - contamination arising from other water sources on the Property. The City's improvements shall commence as soon as and contingent upon MAA's advance payment to the City of the costs of such improvements, or MAA's advance provision of financial assurances acceptable to the City Attorney demonstrating MAA's ability to pay for such improvements. Preliminary design drawings for the connection to Highlands Tank and the emergency fire pump station are attached as Exhibit D. The Highlands Tank connection and the emergency fire pump station will be constructed substantially in accordance with these designs and plans. The emergency fire pump station is non - standard, and as designed is acceptable to MAA. 3 A &C 07292011 v. 2 b. Subsequent water system improvements by MAA. MAA shall install the following improvements on the Subject Property in such order as MAA deems appropriate in order to coordinate other construction on the Property, subject to the deadlines set forth in paragraph 1.c below, and provided that MAA shall notify the City at least 90 days prior to construction of any planned phase so that the City may determine whether construction of such phase as proposed will compromise the then - existing City water system or the City's ability to deliver water to the Subject Property. Should the City determine that the proposed construction will compromise the then - existing City water system or the City's ability to deliver water to the Subject Property, the City will promptly notify MAA and MAA shall redesign or rework the proposed phase so that it will not compromise the then- existing City water system or the City's ability to deliver water to the Subject Property. MAA's water system improvements shall include construction of utility infrastructure on the northwest side of Castle Creek, and, in particular, a new fire hydrant to be located near the lower school building and a four inch domestic and fire service line to that building, installation of 790 linear feet of eight inch water main along Music School Road, a new fire hydrant to be located near the percussion building, a water service line to that building, installation of 155 linear feet of eight inch water main across Castle Creek, including a 65 foot creek crossing, a new irrigation tap, and related infrastructure and facilities; and on the southeast side of the creek, abandonment of a portion of the existing 8- inch transmission line and replacement with 965 linear feet of eight inch water main to complete a new 8 -inch looped line, and installation of two new fire hydrants, valves and service connections. In addition, on -site fire flow will be augmented by the installation of a new dry fire hydrant. This hydrant will draw water from the existing ponds (as reconfigured after construction), and will not be connected to the treated water system. The existing ponds will be reconfigured and utilized for fire protection, non - potable irrigation, and augmentation, as well as other aesthetic and recreational purposes, consistent with the requirements of any water court decrees obtained by MAA. c. Deadlines for water system improvements. The City shall use reasonable efforts to complete the Highlands interconnect and emergency fire pump station during the 2011 construction season, provided MAA has met all financial contingencies. MAA shall complete the new 8 -inch main water line and loop system no later than May 14, 2018. The parties anticipate that until the loop system is completed, there will be a temporary dead -end service line to Building 5. At its expense, MAA shall arrange and contract for flushing of said dead -end line annually, or more frequently, at the City's request. The contractor and plans for flushing (including scheduling thereof) shall be submitted to the City for approval before any flushing operation is undertaken. All other water system improvements required to be performed by MAA shall be completed prior to occupancy and use of any new or renovated buildings to be served by such infrastructure. In entering into this Amendment, the City has relied on the timely installation of the new 8 -inch looped water line. Should MAA request to change the schedule for completion of the above - described water system improvements, a further amendment of the Music School Water Service Agreements will be required. 2. Water Service During Construction. Until completion of the new 8 -inch looped water line in the interior of campus, the City will continue to deliver water to MAA and ACDS via the existing 8 -inch water line, as provided in the MAA Agreement and the ACDS Agreement, in the amounts historically provided pursuant to the MAA Agreement and the ACDS Agreement. The parties agree that this water will be used for continued operation of existing facilities on the Subject Property during construction, and for construction water needs during construction. The parties anticipate that the treated water requirements for the Subject Property during construction will not exceed the City's historic average deliveries to the Property, provided, however that for purposes of this paragraph, deliveries of treated water for temporary irrigation as described in paragraph 16, will not be 4 A &C 07292011 v. 2 included in the determination of the treated water requirements for the Subject Property during construction. In addition to the amounts of water supplied as described in the preceding paragraph, the City will also deliver water to new and renovated buildings as provided in this paragraph. As buildings are completed, prior to occupancy of the same, and upon payment by MAA of all required payments for the Highlands Interconnect and emergency fire pump station, and all other applicable review, inspection, tap and other fees due and owing to the City upon completion of any building or other water tap connection, allowable water service levels to the Subject Property shall incrementally increase according to the additional ECU count associated with connection and operation of each new building or other facility served. Upon completion of redevelopment of the Subject Property, and payment by MAA of all applicable review, inspection, tap fees and other fees due and owing to the City at the time of completion, the number of additional ECUs to be served is estimated to be 24.26 ECUs (for a total of 70.97 ECUs for all campus buildings combined plus 8.0 ECUs for permanent outdoor irrigation, or a total maximum water service obligation of 78.97 ECUs). This number is subject to fmal verification when all Master Plan improvements have been completed, but shall not be increased without further amendment of the Music School Water Service Agreements. If MAA wishes to make permanent the temporary irrigation tap described in paragraph 16, the Music School Water Service Agreements must be amended. The City does not guarantee that the City Council will approve any requested amendment to the Music School Water Service Agreements to provide service to additional ECUs, and nothing in this Amendment shall be construed to authorize any additional non - temporary water service commitment in excess of 78.97 ECUs. 3. Water Service upon Completion of Construction of All Phases. The City will be the sole provider of treated water to the Subject Property, provided, however, that the City shall not be required to supply water to serve more than a total of 78.97 ECUs to serve all of the treated water uses on the Subject Property, and further provided, that the maximum volume of treated water the City shall be required to provide to the Subject Property pursuant to the Music School Water Service Agreements shall not exceed 30.96 acre -feet per year. Only those structures and uses approved in the Master Plan for the Subject Property may be served by treated City water under this Amendment. MAA acknowledges and agrees that the Aspen Fire Protection District has required a flow rate of 1500 gpm for fire suppression and firefighting, and that the proposed infrastructure improvements to the Castle Creek Water Treatment Plant and the Highlands Tank, including the emergency fire pump station, are expected to allow fire flow deliveries of about two - thirds of the flow rate required by the Aspen Fire Protection District. MAA further acknowledges and agrees that it will be responsible for providing, at its expense, additional sources of water to meet the fire flow and fire protection requirements of the Aspen Fire Protection District as provided in paragraph 5 below. The parties agree that the City's obligation to provide treated water service does not require it to provide flows and pressures greater than those that will be provided by the emergency fire pump station. 4. Limitation of Time to Provide Expanded Water Service. The City's obligation to provide expanded water service pursuant to the Master Plan shall terminate if MAA has not completed construction of the new 8 -inch looped water main and the additional, upgraded or upsized water transmission and distribution mains, lines, and related facilities described on Exhibit B to serve all phases of construction by May 14, 2018, unless completion of construction is delayed by force majeure, in which case the deadline shall be extended by the same number of days as the force majeure delay that prevented completion of construction. If such construction is not completed by the deadline provided for in this paragraph, the City will provide water service to the Subject Property in the amounts and for the uses it has historically provided water pursuant to the original Music School Water Service Agreements (without this Amendment) plus such amounts as may be required to serve the facilities/buildings that MAA constructs prior to said 5 A &C 07292011 v. 2 deadlines and for which all payments are made as provided in paragraph 2, but the City will have no obligation to provide any expanded water service pursuant to this Amendment to facilities/buildings not completed by such deadline unless the City, in its discretion, determines in writing to grant an extension of such deadline. 5. Design and Construction of Mains, Lines and Facilities. MAA will design and construct the new, upsized and/or upgraded water transmission and distribution mains, lines, associated facilities and internal service or distribution lines described in the Master Plan, in accordance with and subject to the 2011 Water Distribution System Standards published by the City of Aspen Water Department, and the City's prior approval, at MAA's own expense; provided, however, that to the extent the City desires any mains, lines or facilities with capacities larger than necessary to meet the needs of the project as approved in the Master Plan, the City will be responsible for the incremental cost of such enlarged or additional mains or facilities. "Incremental cost" shall be defined as the difference between the total cost of a particular facility designed and constructed solely to meet the needs of the project as approved in the Master Plan, and the total cost of such facility as enlarged at the City's request. As described above, the City will design and construct, at MAA's expense, upgrades, improvements and changes at the City's Castle Creek Water Plant, including a connection to the City's Highlands Tank and the emergency fire pump station connected to the clear well substantially in accordance with the preliminary design drawings attached as Exhibit D in order to improve water flow rate and pressure in both the existing 8 -inch line that now serves the Subject Property and the new 8 -inch line that will be installed upon the Subject Property by MAA. These improvements shall be made by a contractor retained by the City after a competitive bidding process. The City shall provide copies of all bids received to MAA. MAA acknowledges that the City is not obligated to accept the lowest bid, and may accept the bid that it reasonably believes is best for the City, considering other factors such as the City's experience with the contractors and subcontractors. MAA acknowledges and agrees that the new infrastructure and City improvements described in this paragraph 5 are expected to meet approximately two - thirds of the Aspen Fire Protection District's required flow rate (1500 gpm) and pressures for fire suppression and firefighting. At its sole expense, MAA will develop, construct and maintain the remaining fire flow requirements from non - potable sources and supplies acceptable to the Aspen Fire Protection District. MAA anticipates that water stored in the ponds on the Subject Property will be made available for fire protection uses. MAA will seek appropriate water court decrees for such uses. MAA acknowledges that if it is unable to provide sufficient fire flow protection acceptable to the Aspen Fire Protection District, MAA may have to revise its plans for the Subject Property, and MAA further acknowledges that the City shall have no obligation to assure that fire flows available from the treated water supplies provided by the City to the Subject Property are sufficient to meet the requirements of the Aspen Fire Protection District, or to provide any additional fire flow protection beyond the flow rates and pressures that will be provided to the Subject Property following the City's upgrades and improvements to the Castle Creek Water Treatment Plant, the connection to the Highlands Tank and the emergency fire pump station, and that the City may participate as it deems appropriate in any water court or administrative proceedings by MAA. 6. Preconstruction Exhibits. The following exhibits concerning the Master Plan improvements have been prepared by MAA and have been reviewed and relied upon by the City in entering into this Amendment, and shall not be substantially modified without the City's agreement: Exhibit A: Master Plan as approved by Pitkin County. 6 A &C 07292011 v. 2 Exhibit B: General description of the improvements authorized by the Master Plan, including any additional, upsized, expanded or upgraded facilities, and including any preliminary or final design drawings that are available as of the date of this Amendment. Exhibit C: Estimated gross water requirement (gpd) and maximum water flow requirements for in- building water use in the structures and facilities approved by the Master Plan at full development (including water requirements for any existing uses that will be continued upon completion of the new construction), and estimated treated water irrigation requirements, including number of square feet to be irrigated with treated water. Exhibit D: Fireflow provisions, including location, size and description of fireflow storage to serve the Subject Property, and preliminary design drawings of the Highlands Tank interconnect and emergency fire pump system. Exhibit E: Description of general location of additional easements to be conveyed to the City. Exhibit F: Other circumstances, if any, affecting the cost or type of construction required for the water mains, lines and associated facilities to be constructed pursuant to this Amendment. Exhibit G: Map of areas to be irrigated with City treated water. 7. Final Plans; Preconstruction Meeting. The City has approved conceptual plans for the additional, upsized and/or upgraded water mains, lines and facilities for the Subject Property. Final plans have not yet been prepared. Such final plans and specifications must be prepared by MAA and approved by the City for each proposed phase of construction no later than 90 days before MAA plans to commence construction of any improvement phase, provided, however, that the final plans and specifications for the Highlands Tank interconnect and emergency fire pump system have been prepared by the City at MAA's expense. All water system design submittals shall conform to the 2011 City of Aspen Water Department Water Distribution System Standards. Once approved for each phase of construction, no substantial changes shall be made to the approved final plans and specifications without the City's prior written approval. MAA shall contact the City Water Department at least ten (10) working days prior to commencement of construction of each phase to arrange a preconstruction meeting between representatives of the Water Department, the Water Department's inspector, and MAA's engineer and contractor to review the final plans and any minor modifications thereto, to discuss construction scheduling, the deposit in advance of the City's construction inspection fee, and any other matters that the parties deem necessary. MAA's Colorado - licensed, registered professional engineer shall inspect and certify the design and installation of all water system mains, lines and facilities to be constructed pursuant to this Amendment. 8. Bond, Warranties and Inspection Costs. Prior to commencement of construction of each phase, MAA shall obtain or obtain from its contractor one or more performance and completion bonds naming the City as a third -party beneficiary thereof in the amount of 110% of the water system construction costs for that phase, (including those incremental costs, if any, for enlarged or additional facilities requested by the City as provided in paragraph 5, the portion of the bonding attributable to such incremental costs to be reimbursed by the City). Such bonds shall be in form acceptable to the City Attorney and shall ensure completion of and payment for the construction, and hold the City harmless for payment to the contractor or any subcontractors, materialmen, or others involved in the construction of the water transmission and distribution 7 A &C 07292011 v. 2 mains, interconnecting mains (loop system), lines and associated facilities, or for the provision of materials therefor. MAA shall assign to the City all warranties from materialmen and suppliers which warrant the water system improvements constructed by MAA free and clear of defects for a period of two (2) years from the date of completion of construction of each phase of the redevelopment project. In addition, MAA shall obtain and assign to the City (in form approved by the City Attorney) a maintenance or warranty bond, or other security as may be acceptable to the City, equal to 10% of the water service system construction costs for the phase that is constructed, (including those incremental costs for enlarged or additional facilities to be borne by the City, the portion of bonding attributable to such incremental costs to be reimbursed by the City), ensuring the proper condition and operation of such water service system for a period of two (2) years from the date of acceptance by the City. Upon request by the City, MAA shall timely furnish additional security as may be requested to secure 110% of a professional engineer's estimate of the cost of completion of the 8 -inch looped water main described above in Paragraph 4, to the extent that such is not already secured pursuant to a performance and/or completion bonds as provided above. Such additional security may be in the form of a cash deposit, letter of credit, bond, first priority lien upon real property, or other such form as may be acceptable to the City. The parties recognize that proper operation of the completed system depends upon proper completion, operation and interaction of all phases, and that some construction defects may not become known until the entire system has been completed and is operational. Therefore, upon completion of all construction of the entire project, and acceptance of the final phase by the City, MAA shall warrant the materials, construction and operation of the system for a period of two years, and shall be solely responsible for all costs associated with any changes or repairs that may be required during such time period. No additional bond or security shall be required in connection with this warranty. 9. Water Rights. The parties acknowledge that in 1983 MAA conveyed certain water rights to the City pursuant to the MAA Agreement in exchange for the City's original commitment to provide water service to up to 36.5 ECUs. Subsequently, in 1994, the City did not require a water right dedication or payment in lieu thereof in connection with the ACDS Agreement which allowed for an additional 9.0 ECUs of water service. The City and MAA have since determined that no decreed water rights were actually conveyed to the City by MAA in 1983, although some undecreed storage rights may have been conveyed. The undecreed rights, if any, conveyed to the City were not committed to public use. Upon execution of this Agreement, the City will quitclaim to MAA all the water rights that MAA conveyed to the City in the Deed dated November 14, 1983, and recorded in the Office of the Pitkin County Clerk & Recorder on April 25, 1984 in Book 465 on Page 286, including all water rights or claims associated with existing ponds on the MAA property, provided, however, that the City will expressly reserve any interest it the water rights decreed to the Castle Creek Flume, the Midland Flume, and the Castle Creek, Holden, Marolt, and Si Johnson Ditches. In exchange for this reconveyance, and in consideration of the raw water lease described below in Paragraph 16, MAA will make a payment in lieu of water right dedication to the City in the amount of $600.00 per ECU, for a total of $47,382 for the project's anticipated 78.97 ECUs. The entire payment in lieu of water right dedication must be paid in full at the time the first Utility Connection Permit is issued in connection with a building permit, and before any delivery of water will be made to any new or renovated buildings or facilities. MAA shall independently pursue the adjudication of water rights and a plan for augmentation that provides for the use of water from Castle Creek, adjacent springs or the ponds for replacement of pond evaporation, irrigation and other non - potable uses, and acknowledges that the City may participate in such adjudication if and to the extent it deems appropriate to protect its water rights. 10. Construction. Upon completion of the prerequisites described in paragraphs 3 through 9 above, MAA shall proceed with construction of the water transmission and distribution mains, 8 A &C 07292011 v. 2 lines and associated facilities (both new and upgraded) in accordance with the plans and specifications and the construction schedule to be approved by the City for each phase of construction. No construction shall occur between November 1 and April 1 without written approval of the City Water Department. An automated meter reading system shall be installed for meters within the Subject Property. 11. Fees. MAA shall timely pay all fees imposed by the City in connection with reviewing and approving this Amendment, and reviewing and approving the design drawings and construction plans for each phase, as well as construction inspection fees for each phase. An advance deposit for construction inspection fees for each phase shall be required at the preconstruction meeting for such phase as described in paragraph 7 above. MAA shall also be responsible for timely acquiring and paying for all permits and permit fees necessary for construction of the mains, lines and associated facilities for each phase. 12. Inspection of Construction. Construction must be inspected by the City Water Department or its agent prior to burial or final installation. MAA shall give the City reasonable advance notice when the mains, lines and /or associated facilities are ready for burial or installation, and the City shall inspect said mains, lines and/or associated facilities within two business days of such notice. MAA shall timely pay all construction inspection fees. 13. Easements. MAA shall obtain at its own cost and convey in perpetuity to the City as- built non - exclusive easements, in form acceptable to the City Attorney, for the new 8 -inch and fl- inch water lines, as well as tanks and other water facilities, along with all necessary access easements for maintenance and repair purposes ( "easements "). Water lines and sewer lines will be located in relation to each other as required by the City's water system standards, which require, with limited exceptions, that water line easements must be large enough to provide the City with at least ten (10) feet on either side of water mains and lines and that (1) sewer lines must be located at least ten (10) feet from any water main or line (except as may be otherwise approved by the City after review of final plans and specifications for a particular phase), and (2) other utilities must be located at least five (5) feet away from any water main or line. Each party shall be solely responsible for any injury or damages, including costs and attorney fees, to persons or property arising from its own negligent acts or omissions occurring on or resulting from its use or occupation of any easement premises. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of any defense or limitation available to the City under the Colorado Governmental Immunity Act or other applicable law. The parties recognize that a portion of the existing 8 -inch water line and other water system infrastructure will be abandoned as new construction is completed, and the City will relinquish and reconvey to MAA any easements on the Subject Property for water system infrastructure that is abandoned upon completion of construction and acceptance of new water system infrastructure. 14. Testing - Conveyance - As -Built Drawings. Upon completion of construction of each phase and before any additional water is delivered pursuant to this Amendment, all water lines and facilities (both new and existing) shall be tested and, upon approval by the City, accepted by the City for operation and maintenance (excluding individual service lines), along with all necessary non - exclusive easements to the City. Performance and completion bonds provided by MAA pursuant to paragraph 8 above shall be adjusted to reflect the final actual construction costs of each phase. The maintenance or warranty bond required by paragraph 8 above must be in place and must be based on the actual construction costs prior to the City's acceptance of any main, line or facility for operation and maintenance. As -built drawings of the water system (new and existing components) and all other utilities shall be provided to the City in the form required by the 2011 City of Aspen Water Department Water Distribution System Standards. 9 A &C 07292011 v. 2 Upon acceptance of the fmal phase of construction by the City, MAA will convey the entire water distribution system, and related components to the City, free and clear of all liens and encumbrances, by deed in form acceptable to the City Attorney. 15. Treated Water Service. Upon completion of construction and acceptance by the City of each phase of the new or upgraded water distribution and transmission mains, lines, associated facilities and easements constructed pursuant to the Master Plan and this Amendment, the City will provide treated water service to the Subject Property to no more than the total number of ECUs provided for by the fmal approved design drawings for that phase, provided, that the total number of ECUs for all phases shall not exceed 78.97 ECUs, and further provided, that the maximum volume of water the City shall be required to supply each year shall not exceed the amount (in acre -feet) set forth in paragraph 3 above. Any change in the treated water service requirements for the Subject Property (including any request by MAA to make permanent the temporary irrigation water supplies described in paragraph 16 below) will require approval by the City (which is not guaranteed), and amendment of the Music School Water Service Agreements. The treated water to be delivered by the City pursuant to the terms of the Music School Water Service Agreements as amended by this Amendment may be used for all lawful in- building municipal purposes and for fire protection, swimming pools and normal and reasonable outside irrigation of trees, lawns and gardens. Irrigation using treated water delivered pursuant to the Music School Water Service Agreements as amended by this Amendment shall be by drip or sprinkler irrigation means, and no more than 20,000 square feet within the Subject Property may be irrigated using treated water. Notwithstanding the foregoing, all water use will be consistent with the City's Water Policy Resolution (Resolution No. 5, (Series of 1993), as amended), and water conservation ordinances. Exhibit G attached hereto delineates the areas to be irrigated with treated water and areas to be irrigated with untreated water. MAA shall assure that no cross connection is permitted between the City's treated water system and the untreated irrigation system. 16. MAA Water Rights and Additional Temporary Water Service. MAA will apply to the Water Court for approval of storage and ground water rights for reconfigured ponds on the MAA property, which rights may be used either directly or after storage in MAA's ponds for fire protection, irrigation and other non - consumptive purposes, such as aesthetic, piscatorial or recreational use. MAA also intends to request an augmentation plan that would allow replacement of any out -of- priority depletions to Castle Creek or the Roaring Fork River system due to these uses or pond evaporation. The City has agreed to quitclaim to MAA the water rights described in the quitclaim deed dated November 14, 1983, recorded April 25, 1984, at Book 455, Page 286 (reserving, however, all interest in the Castle Creek Flume, the Midland Flume, and the Castle Creek, Holden, Marolt and Si Johnson Ditches), and MAA will quitclaim to the City any interest it may have in any water rights owned by the City that are tributary to Castle Creek, including but not limited to the Castle Creek Flume, the Midland Flume, the Castle Creek Ditch, the Holden Ditch, the Marolt Ditch and the Si Johnson Ditch. For a period of time not to exceed five years from the date of execution of this Amendment by all parties, the City will provide certain temporary treated water supplies to MAA to be used for irrigation as required during construction, because raw water supplies from MAA's own water rights are expected to be interrupted during construction. Such additional temporary irrigation water supply will be provided by installation of a temporary irrigation tap that will provide up to 8 ECUs for treated water irrigation of approximately 20,000 square feet of lawns and gardens. This temporary treated water irrigation supply is separate and apart from the long -term treated water irrigation supply, also 8 ECUs, that 10 A &C 07292011 v. 2 is provided for in paragraph 2 of this Amendment. No tap fees will be assessed for said temporary irrigation tap, provided, however, that MAA shall be responsible for the City's hookup charges. Water shall be provided to MAA from the temporary irrigation tap at the City's applicable first -tier water rate (currently $1.61 per thousand gallons) and pumping costs of $1.09 per thousand gallons. Said rates are subject to change if and to the extent the City's first -tier water rates and/or pumping cost charged to all of its customers are changed during the five -year term of this temporary irrigation water supply agreement. If, during the course of the five -year term of this temporary water supply agreement, MAA wishes to make such supply permanent, MAA shall seek an amendment of the MAA Water Service Agreements and, if such amendment is approved by the Aspen City Council, MAA pay all applicable tap fees and well system development fees associated with said treated water irrigation tap. Unless an amendment to the MAA Water Service Agreements has been finalized and all applicable tap fees and well system development fees have been paid, MAA, at its cost and under the supervision of the City water department, shall disconnect the temporary irrigation tap upon expiration of the five -year term. If the temporary irrigation tap has not been made permanent or disconnected by November 1, 2016, the City may undertake disconnection and MAA will be responsible for all costs associated with the City's disconnection of the treated water irrigation tap. At any time during the five -year period during which this temporary irrigation water supply provided, the City may, at its sole discretion, elect to provide such temporary irrigation water supply from untreated water sources, at a rate not to exceed 0.50 cis., at the City's then - applicable standard raw water irrigation charge. MAA acknowledges that the City does not have any obligation to do so, and does not expect to do so, in light of the City's available water rights, and its own plans and needs for use of its water rights and water system infrastructure, both treated water system infrastructure and raw water system infrastructure. The City's agreement to provide water on a temporary basis pursuant to this paragraph may be terminated by the City in the event of MAA's breach of the MAA Water Service Agreements (including this Amendment), whereupon MAA shall have no further rights to such temporary water supply, nor any claim for damages or loss occasioned by termination of such supply. 17. Tap Fees and System Development Charges - Computation and Payment; Scheduling of Taps. MAA shall pay tap fees and well system development fees for all ECUs associated with the project, but shall be entitled to a credit in accordance with City Water Department practice for tap fees that have been credited in the past for structures on the property. Tap fee credits provided to MAA are described in the following paragraph. All additional tap fees for treated water service herein provided shall be assessed utilizing the City's prevailing applicable tap fee at the time of application for a building permit for the structure for which service is sought. No water service shall be provided to any structure absent payment of the appropriate tap fee, well system development fee, and any applicable hookup charges. Tap fees and hookup charges which have not been paid or credited as provided in this paragraph 17 shall be paid at the time of building permit issuance, or, if a structure already exists, prior to delivery of water to that structure by the City. The City Water Department shall determine scheduling of all physical taps or connections to the main lines. Well system development fees shall be paid as set forth below. The parties acknowledge that, pursuant to paragraphs 4 and 7 of the MAA Agreement, in exchange for the City's initial commitment to provide water service to the Subject Property and extend an 8" water line from the City water treatment plant to the MAA campus, MAA executed a non - interest bearing promissory note dated November 14, 1983 in the amount of $78,900, reflecting said hook -up charges and tap fees (the "Note "), said amount to be amortized over a 50- year repayment period with principal payments of $1578 per year considered satisfied so long as MAA continued to operate a Music School upon the MAA property. The Note was recorded with the Pitkin County Recorder April 25, 1984, at Book 465, Page 279. At this time, it has been 27 11 A &C 07292011 v. 2 years since this payment arrangement was agreed to, and the amount of principal remaining due on the note is $36,294.00. The applicable system connection (tap) fee in 2011 for the MAA property is $4925 per ECU. The parties agree that tap fees have been credited for one -half of the 36.5 ECUs provided for in the MAA Agreement (18.25 ECUs), whereas fees for the other 18.25 ECUs remain outstanding. In addition, MAA is entitled to credit against tap fees owed in the amount actually paid for the 9.0 ECUs pursuant to the ACDS Water Service Agreement. MAA shall therefore be considered to have already paid for water service levels up to 27.25 ECUs. The parties hereby agree that MAA shall pay tap fees for up to 51.72 ECUs as to which payment has not been made or credited (78.97 ECUs level less 27.25 ECUs for prior service levels paid for or credited equals 51.72 ECUs). Contemporaneously with execution of this Amendment by the last signing party, t, MAA shall pay to the City tap fees in the amount of $89,881.25 for the 18.25 ECUs presently served by the City but for which payment has not been made or credited. Upon payment of said $89,881.25, tap fees will have been paid or credited for a total of 45.5 ECUs. The promissory note will be canceled. The total number of ECUs to be served pursuant to the MAA Water Service Agreements (as amended by this Amendment) is 78.97. Therefore, when payment has been made or credited for 45.5 ECUs as provided in this paragraph, MAA will be required to pay tap fees for only the remaining 33.47 ECUs authorized by this Amendment. MAA shall pay the City the tap fees for such remaining 33.47 ECUs at the time of application for building permits, as follows: At the time MAA applies for a building permit for any structure requiring additional ECUs above the existing 45.5 ECUs, MAA shall pay the tap fee, at the then - applicable rate, for the number of ECUs to be served by the building for which the permit is sought. MAA shall pay the tap fee associated with its treated water irrigation system prior to use of said treated water irrigation system. In addition to tap fees required herein, MAA shall also pay to the City a well system development charge in the amount of $13,388.00 ($400 per ECU for potential additional water service to up to 33.47 additional ECUs above historical maximum service levels of 45.5 ECUs pursuant to the Music School Water Service Agreements). This total well system development charge for the Master Plan project must be paid in full at the time the first Utility Connection Permit is issued in connection with a building permit, and before any delivery of water will be made to any phase of the Master Plan project. 18. Service Lines. Each service line shall be metered in accordance with the Code at the sole expense of MAA. MAA acknowledges that service lines presently existing on the Subject Property may not meet the City's standards, nor have acceptable meters, cross - connection or backflow prevention devices, and that said service lines will be replaced at MAA's cost, if necessary as part of the Master Plan project to meet the City's standards, and meters, cross - connection and backflow prevention devices acceptable to the City will be installed at MAA's expense. Prior to commencement of any construction, the City will inspect the existing service lines and meters and will determine the extent to which replacement may be necessary. 19. Limitations on Provision of Water Service. The Music School Water Service Agreements as amended by this Amendment are only for the supply of treated water service as herein described, and temporary lease of untreated water as provided in paragraph 16, and no expansion of uses, connections, or water service beyond those set forth in the Music School Water Service Agreements (including Addenda and Exhibits) as amended by this Amendment, is in any way authorized by this Amendment. The City is not by this Amendment prejudging, certifying or guaranteeing its ability to provide treated water service to any use or structure except as provided herein, nor may this Amendment be used as evidence of approval of any land use requests, or as evidence of approval of water service for any land use request, except as provided in the Music School Water Service Agreements and this Amendment. 12 A &C 07292011 v. 2 20. Rules Regarding Water Use. MAA agrees to adopt all provisions of the Music School Water Service Agreements as amended by this Amendment as rules and regulations governing the use of water on the Subject Property (including the portions leased by ACDS), and agrees that this Amendment and the Exhibits hereto shall be recorded as covenants running with the land and shall be as fully enforceable on the Subject Property as if the same were situated inside the City. MAA agrees to assist the City in every manner reasonably possible to enforce the City's ordinances, rules and regulations made to protect purity, safety and supply of the water delivered pursuant to the Subject Property pursuant to the Music School Water Service Agreements, as amended by this Amendment, including curtailment during times of shortage, elimination of any potential cross - connections, and the utilization of water conservation devices as set forth in the Code. MAA also agrees to prohibit all unnecessary or unreasonable waste of water on the Subject Property, and to make reasonable efforts to enforce such prohibition. The unreasonable or unnecessary waste of water shall be defined as set forth in the Code, or City water department regulations and policies. 21. Continuing Validity of MAA Agreement and ACDS Agreement. Except as amended or superseded by this Amendment, the MAA Agreement and the ACDS Agreement remain in full force and effect. The MAA Agreement and the ACDS Agreement, as amended by this Amendment, together constitute the Music School Water Service Agreements. 22. Compliance with Resolution No. 5 (Series of 1993). City Council Resolution No. 5 (Series of 1993), as amended by Resolution No. 49 (Series of 1993) and Resolution No. 9 (Series of 1996) set forth the City's policies concerning extraterritorial expansion of municipal water service. Among other things, the extension or expansion of municipal water service must be consistent with and further the goals of the Aspen Area Community Plan ( "AACP "). As a condition of receiving water service as provided in this Amendment, MAA is executing a separate memorandum of understanding with the City regarding affordable housing mitigation associated with redevelopment of the Subject Property. 23. Authorization of Signatures. The parties acknowledge and represent to each other that all procedures necessary to validly contract and execute this Amendment have been performed and that the persons signing for each party have been duly authorized to do so. 24. Counterparts. This Amendment may be signed using counterpart signature pages, with the same force and effect as if all parties signed on the same signature page. IN WITNESS WHEREOF, the parties have executed this Amendment the date and year first above written. THE CITY OF ASPEN, COLORADO ATTEST: a Municipal Corporation and Home Rule City By By City Clerk Mayor APPROVED AS TO FORM: Aspen City Attorney 13 A &C 07292011 v. 2 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Acknowledged before me , 2011, by Michael Ireland, Mayor, City of Aspen, and , City Clerk of the City of Aspen. My commission expires Witness my hand and official seal. Notary Public 14 A &C 07292011 v. 2 Music Associates of Aspen, Inc. ATTEST: By By Title: Title STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged before me , 2011, by as , of Music Associates of Aspen, Inc. and by as of Music Associates of Aspen, Inc. My commission expires Witness my hand and official seal. Notary Public ACKNOWLEDGED, AGREED TO, AND APPROVED AS TO FORM AND CONTENT: Aspen Country Day School ATTEST: By By Title: Title STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged before me , 2011, by as , of Aspen Country Day School and by as of Aspen Country Day School. My commission expires Witness my hand and official seal. Notary Public 15 RECEPTION#: 550330, 06/10/2008 at 09:40:13 AM, 1 OF 12, R $0.00 Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL TO THE ASPEN MUSIC FESTIVAL AND SCHOOL FOR A PUBLIC - INSTITUTIONAL MASTER PLAN, SITE PLAN REVIEW AND GMQS EXEMPTION FOR CIVIC AND INSTITUTIONAL USES Resolution NoA5 -2008 ,RECITALS 1. Aspen Music Festival and School ( "Applicant ") has applied to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") requesting approval of a master plan for the campus that is jointly used by the Aspen Music Festival and School (AMFS) and the Aspen Country Day School (ACDS). The Applicant proposes to demolish many of the existing buildings and to construct new facilities to accommodate the continued use of the campus by both organizations. The Applicant is requesting the following land use approvals: A. Rezoning from AR -10 to P -I (Public and Institutional) B. P -1 Master Plan for development of the proposed facilities C. GMQS Exemption for Civic and Institutional Uses D. Site Plan Review E. Land Use Code Amendment 2. The property is located at 2 Music School Road, off of Castle Creek Road, and is legally described as Lot I -A, M.A.A. Inc., Filing No. 1. Caw a Asa crn es eb Art.) 3. The property is zoned AR -I0, contains 22.78 acres and is within the Urban Growth Boundary. 4. AMFS has operated on the campus since the 1960s, and ACDS became a tenant in 1969. "School" is a special review use in the AR -10 zone district, so prior changes, additions or expansions on the campus have occurred via special review approvals. The most recent County approval was granted pursuant to BOCC Resolution No. 93.161, which approved the Castle Creek Building. 5. The Pitkin County Planning and Zoning Commission considered the proposed application at regularly scheduled meetings on August 14, August 28, September 11, September 18, October 9, and November 6, 2007, and recommended approval by a vote of 3 -1. 6. The BOCC considered the proposed application at duly noticed public hearings on January 23, February 25 and 27, March 10 and 12, April 9, and May 14, 2008. 7. The BOCC finds that the application is consistent with the applicable provisions of the Pitkin County Land Use Code, Including Section 2.40.100, standards for P4 master plans and 6-30-120, standards for a GMQS exemption for civic and institutional uses. 8. The BOCC Anther finds that the new buildings will avoid the 100 year floodplain and rockfall hazard areas; that the proposed "Variable Stream Setback Plan" compiles with Sec. 7 -20 -80 of the Code and that Impacts on riparian areas can be mitigated; that impacts on wildlife can be mitigated; that the debris flow, moderate avalanche and wildfire hazards can be mitigated, and that the development generally complies with the Scenic View Protection criteria. RECEPTIONS: 550330, 06/18/2008 at 09:40:13 AM, 2 OF 12, Janice K. Vos Caudill, Pitkin County, CO Resolution Napo -2008 Page 2 9. The BOCC further finds that the proposed development on slopes in excess of 30% is permitted pursuant to Sec. 7- 20- 20(oX6), Habitable Retaining Structures. 10. The BOCC further finds that the Administration Building and Business Buildings are eligible for designation to the Pitkin County Historic Register, and that it is acceptable to demolish the Music Hall and the Opera Hall, given their 1lmetional obsolescence and lack of adaptability and the lack of opportunity to relocate the buildings. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby designates the Administration Building and the Business Building to the Pitkin County Historic Register. BE IT FURTHER RESOLVED by the BOCC that it hereby grants approval of the Aspen Music Festival and School and Aspen Country Day School P4 Master Plan, Site Plan Review and GMQS Exemption, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development the revised Master Plan and Site Plans. The above referenced approvals shall be a condition precedent to finalization and recordation of the documents. The Master Plan and Site Plans shall be amended as follows prior to submission: A. Include the Variable Stream Setback Plan, which establishes the riparian areas to be protected or restored. Specify on the plan that no building and its associated construction disturbance shall occur within 20' from the high water line of Castle Creek, except existing buildings within the setback may be demolished, and access and utility extensions may occur within the 20' setback as shown on the Plan. Now utility lines shall be located no closer to the creek than existing utility lines. B, Revise the Landscape Plan to eliminate berry producing species. C, Revise the Master Plan and the Landscape Plan to establish a minimum tree caliper replacement ratio in excess of 0.2:1. D. Reflect the current and proposed enrollment and employment as revised in the memo dated 9/11/07. E. List "high school grades for ACDS" as a "further review" use. F. Specify which buildings are "accessory" and, therefore, limited to 20' to the midpoint. G. Specify that the Percussion Building and the four practice rooms closest to the Castle Creek Building may be occupied year- round, while the remaining practice rooms will only be occupied by the Music School in the summer. H. Identify the location of the two -story practice rooms, if applicable. 1. Include the Transportation Management Plan reviewed and approved by the BOCC on 5/14/08. The Plan shall be revised to include submission of an annual status report to the County, for review by the Community Development Department, and an audit every 5 years by an independent consultant. 3. Concurrent with recordation of the Master Plan, the Applicant shall: RECEPTION #: 550330, 06/18/2008 at 09:40:13 AM, 3 OF 12, Janice K. Vos Caudill, Pitkin County, CO Resolution No050 -2008 Page 3 A. Record a covenant in a form acceptable to the County Attorney in which the Applicant agrees to maintain the Administration Building and the Business Building in accordance with the Secretary of the Interior's Standards for Rehabilitation or the County's design guidelines for historically designated properties, once adopted by the BOCC. B. Execute and record a covenant or conservation easement prohibiting further development on the upper bench of the property. The document shall be approved by the County Attorney and shall allow for a public trail. C. Record an amended plat for Lot I -A and a trail casement for a trail alignment along Music School Road, across the lower bridge and connecting to the mining road that continues above the campus, and continuing to reserve a 10' wide pedestrian easement through and across the entire length of Lot 1 -A, with the exact location of such easement to be determined in the future by Pitkin County. 4. The Applicant has agreed to make a voluntary contribution of $250,000 to the County for construction of the trail along Castle Creek Road from the Marolt Property to Music School Road. The contribution shall be made prior to commencement of construction of the trail. 5. Prior to submission of any building permit applications, the Applicant shall conduct a thorough Inspection of the existing sewer system. The system shall be flushed and inspected via video to identity low spots or other potential problems. Inspections and flushing shall occur annually, and reports shall be submitted to the Environmental Health and Natural Resources Department. 6. Prior to submission of any building or other development permit applications for each of the following buildings — the Addition to the Administration Building, the Ensemble Buildings and the Lower School Building — the Applicant shall be required to submit for approval an application(s) for Scenic View Protection Review and demonstrate compliance with the standards in Sec. 7.20.120.d of the Code. The application(s) shall be reviewed by staff and approved by the Community Development Director. The facade of Large Ensemble #2 that faces the Great Pond shall architecturally acknowledge and incorporate certain characteristics of the Music Hall. 7. Prior to issuance of permits to demolish any of the building associated with Fritz Benedict, including the Music Hail and Opera Hall, the Applicant shall fully document the buildings, and the documentation shall be reviewed and approved by tho Historic Preservation Officer. Documentation shall include the following: A. Digital photographs (4" x 6" minimum) at a minimum of 300dpi, which over all elevations of each building to be demolished. Photos of any details of the building, which are characteristic of Benedict's work or significant elements of the architecture. Photos of the interior of the Music Hall, including details of the roof framing system. Setting photos that describe the existing setting of the buildings and their relationship to the ponds and other buildings. All photos should be labeled with the building name, photo dates, direction of camera, the state ID number 5PT.848 and the address of the site. Photos should be saved as black and white Images. Disk may contain both color and black and white. B. A site map that includes all the Benedict buildings, with footprints to scale and labeled with the name of the building and date built, north arrow, roads labeled, etc. (should relate to the photo names). The infomtation shall be provided in printed fonn with photos, labels and map bound and should include a disk with digital copies of the photos, labels and maps. RECEPTIONS: 550330, 06/18/2008 at 09:40:13 AM, 4 OF 12, Janice K. Vos Caudill, Pitkin County, CO Resolution No.O!0 -2008 Page 4 8. At the limo of submission of the first building permit application, the Applicant shall: A. Submit a construction phasing plan and an overall construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. The construction management plan shall be reviewed by the BOCC prior to issuance of the first building permit. B. Submit a County access/driveway permit application for all road improvements, parking areas and the two new bridges; the permit shall be reviewed and approved by the Aspen Fire Protection District and Planning Engineer. The road and parking improvements shall be built to current County Standards, as described in the Firkin County Asset Management Plan ( "AMP ") and the Land Use Coda, except as follows; 1) No improvements to the entry intersection are required. 2) Where retaining wall heights in excess of seven feet will create less impact to the vegetated slopes than walls that are stepped to remain less than seven feet high, wall heights in excess of seven feat will be allowed. All walls over 4' shall be engineered. 3) Minimum road widths of 16 feet of driving surface (that may include gutters) will be allowed as per the site master plan, subject to approval of the Aspen Fire Marshal. 4) Minimum road width of 20 feet (that may include gutters) will be permitted for all other roads, subject to approval of the Aspen Fire Marshal. 5) 1' gutters may be allowed, if the Applicant demonstrates that these gutters can meet the drainage capacity. 6) 23' is adequate for unobstructed backout space in the parking lots, 7) The AMP requires that roads within the Urban Growth Boundary be constructed to the City's standards. The BOCC recognizes that these standards may not be consistent with the character of the campus, and, therefore, authorizes the County Planning Engineer to vary those standards as appropriate to maintain adequate safety while ensuring that the improvements aro consistent with the character of the campus. With the permit application, the Applicant shall provide a sign plan which clearly identifies automobile vs. pedestrian traffic. If an avalanche expert determines that mitigation of the moderate avalanche hazard along the southeastern portion of the perimeter road is required, then a site specific mitigation plan shall be included with the permit application; mitigation may not occur within the severe avalanche hazard area. C. Submit an earthmoving permit application for improvements to the channel of Keno Gulch. Permission shall be provided from the property owner for all off-site improvements. All improvements shall be completed prior to submission of any building permit applications for new buildings in Areas 1 and 2 as shown on Attachment A (Figure t of Exhibit 116 of the Master Plan). The permit application shall include engineered drawings of the existing and proposed conditions for the gulch to be used as a baseline for future clearing and engineered drawings for the box culvert that will direct any debris flow under the road. The permit application shall also address revegetation of disturbed areas. D. Submit a comprehensive Fugitive Dust Control Plan to the Environmental Health Department for review and approval. E. Submit a comprehensive drainage and erosion control plan for the entire campus for review and approval by the Planning Engineer. A stormwater pennit from the State of Colorado shall be included with the plan. Applicant must demonstrate that no adverse impacts to water quality will occur as a result of the proposed development. F. Work with the City of Aspen Water Department to ensure that the new water system has adequate pressure to meet all of the needs on campus and to determine if the water booster RECEPTION#: 550330, 06/18/2008 at 09:40:13 AM, 5 OF 12, Janice K. Vos Caudill, Pitkin County, CO Resolution No.tW -2008 Page 5 station is appropriately located. Plans for waterline work shall be submitted to the Water Departnent for review and approval, and shall comply with all applicable standards. Where lines are to be realigned, provide documentation as to whether a permit from the Army Corps is required for placement of new sewer lines. G. Submit a noxious weed management plan for review and approval by the County Land Manager. H. Submit a vegetation management plan for review and approval by the Community Development Department. The plan shall ensure that native and restored areas are protected from disturbance during and after construction. 1. Submit a plan for management of the ponds prepared by a qualified entity for review and approval by the Environmental Health and Natural Resources Department. The plan shall include good sanitation practices that reduce mosquito breeding sites, standing and/or stagnant water on the site, and the Applicant shall agree to pay for periodic testing, as required. 9. Prior to issuance of the first building permit, the Applicant shall: A. Pay the applicable employee housing impact fee for 18 FTEs (projected increase by ACDS based on master plan). The fee shall be based on the housing impact fee in effect at the time of payment. B. Obtain approval from Environmental Health and Natural Resources for a PMIO mitigation plan that will fully mitigate or offset all PM 10 increases caused by the proposed development. The plan shall ensure that mitigation will be implemented prior to the issuance of Certificates of Occupancy for the new development. C. Submit a complete Emergency Response Plan for AMPS and ACDS as outlined in Attachment 13 for review and approval by the BOCC prior to permit issuance. The County's•Emergency Management Coordinator shall review and comment on the plan, prior to review by the BOCC. D. If the adjacent property owner grants permission, the Applicant shall conduct an inspection of the Newman mine and tailings to Identify if there is any apparent danger to the students and staff on the campus. 10. At the time of submission of each building permit application, the Applicant shall: A. Submit a drainage and erosion control plan specific to the building site. 8, Pay the applicable road impact fee. C. Submit a tree removal and protection plan specific to the building site. D. Submit a landscape plan specific to the building site, showing all proposed tree mitigation, native grass revegetation and riparian mitigation. Landscaping shalt be substantially consistent with the Landscape and Restoration Plan. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 1 I. Prior lo issuance of each building permit application, the Applicant shall pay the applicable fees for connection to the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. An oil and sand separator shall be approved by the District for the maintenance facility. An oil and grease interceptor shall be approved by the District for the cafeteria. 12. With the building permit application for the addition to the Administration Building, the Applicant shall provide a copy of Army Corps of Engineers permit to fill in the "swimming pond." 13. With the building permit application(s) for the "habitable retaining structures," the Applicant shall submit a detailed slope stability analysis performed by a geotechnical engineer. RECEPTION #: 550330, 06/18/2008 at 09:90:13 AM, 6 OF 12, Janice K. Vos Caudill, Pitkin County, CO Resolution No.00-2008 Page 6 14. With the building permit application for large Ensemble 113, which is within a moderate avalanche hazard area, the Applicant shall submit a report from an avalanche expert confining whether mitigation is required. If structural mitigation is required, it shall he designed by a certified professional engineer licensed in the State of Colorado to withstand avalanche impact forces. 15. The Applicant shall obtain a County Floodplain Development Permit for any and all work within the floodplain. The application shalt identify any changes in flood elevations and what effects, if any, such changes will have on neighboring properties. 16. Earthmoving permits are required for pond improvements, utility extensions and /or relocations, and regrading not included as part of a building permit application. For pond improvements, the Applicant shall provide copies of the associated State and Army Corps permits, The littoral shelf in the pond shall be constructed for the enhancement of aquatic habitat in the ponds. Where sewer lines are to be realigned, the Applicant shall provide documentation as to whother a pennit from the Army Corps is required for placement of new sewer lines. 17. The cafeteria must go through a plan review process and be properly licensed by the Environmental Health and Natural Resources Department. 18. Prior to final inspection for the practice rooms, the Applicant shall submit a report to the Community Development Department from a County certified wildfire expert addressing whether wildfire defensible space mitigation is required on the slopes above the practice rooms. If mitigation is recommended and approved by the County, then the mitigation shall occur prior to Issuance of Certificates of Occupancy. 19. Prior to implementation of the Master Plan, the employee baseline for AMFS is set at 67 FTEs and the baseline for ACDS is set at 32.5 FTEs. An employee audit for both the AMFS and ACDS shall be completed every five years for the life of the institutions on the campus beginning two years after issuance of a Certificate of Occupancy for the first new building. The employee audits shall be completed at the expense of the AMFS and ACDS. The auditor shall be approved by the Aspen/Pitkin County Housing Authority staff. Any additional FTEs in excess of 50.5 for ACDS (32.5 FTE baseline plus 18 FTEs mitigated prior to Issuance of first building permit) or 67 for AMES shall be mitigated based upon the housing impact fee in effect at the time of payment and no later than one month from the date of the audit finding, All additional employees shall be mitigated whether from the expanded development or via other services provided by either entity. 20. If the adjacent property owner grants permission, the improvements within Keno Gulch shall be visually Inspected by an engineer or geologist on an annual basis, as well as after any debris flow event, to ensure that the improvements retain their integrity to mitigate for debris flows. The annual report shall be submitted to the Community Development Department. 21. This Master Plan establishes the following dimensional standards for the campus: A. Variable stream setback as shown on the Site Plan. B. Road and yard setbacks as shown on the Site Plan. C. Height limit of 28', except as follows: I) Building 111 (Administration Building) has an existing height of 36' to the peak of the roof; this height will not be exceeded with the renovation/remodel of the building. RECEPTION #: 550330, 06/18/2008 at 09:40:13 AM, 7 OF 12, Janice K. Voe Caudill, Pitkin County, CO Resolution No.4172008 Page 7 2) Building #2 (Addition to Administration Building) is allowed a height of up to 36' to the peak of the roof as calculated by the Land Use Code, with an additional 8' permitted to the top of the proposed skyiight/architeetural element; 3) Building #s 8, 9 and 11 (Ensemble Buildings) and Building //15 (Lower School) are allowed a height of up to 40' to the peak of the roof as calculated by the Land Use Code. D. Floor Area: Buildings shall be limited to the approximate sizes specified in the Master Plan, for a total of approximately 105,674 square feet of floor area on the campus. 22. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the area to be disturbed and install construction fencing around the perimeter of this area. All disturbance shall occur within the Activity Envelope designated in the Master Plan. The fencing shall remain in place until a Certificate of Occupancy is issued for the structure. 21. All signs and lighting shall comply with applicable regulations in the Land Use Code. 24. No development, including manipulation of vegetation, shall occur outside of the approved activity envelope. 25. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A, Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris, 3) Protrusions above the redline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 13. Water Supply for Firo Safety I) The Applicant shall connect a dry hydrant to the Great Pond as required by the Aspen Fire Protection District. 2) In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all now structures, except the practice roams. C. Maintenance and Miscellaneous Requirements I) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one- fourth (A) inch maximum. 3) Yards shall be kept clear of all litter, slash and flammable debris. RECEPTION#: 550330, 06/18/2008 at 09:40:13 M4, 8 OF 12, Janice K. Voe Caudill, Pitkin County, CO Resolution No.00 -2008 Page 8 4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feat away from any structure. 5) Firewood/wood piles shall be slacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 6) Swimming pools and ponds shall be accessible by the focal fire district, 7) Fences shall be kept clear of brush and debris. 8) Wood fences shall not connect to other structures. 9) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 26. The Applicant shall comply with the following to mitigate impacts on wildlife: A. The Applicant shall substantially comply with the Riparian Mitigation/Restoration Plan included in the Master Plan, which designates the riparian areas to be disturbed and the areas where restoration will occur. No other riparian or wetland areas shall be damaged or removed. 13. Silt fences shall be installed according to the County standard between any construction and any body of permanent or ephemeral water body during all phases of construction (See Pitkin County Asset Management Plan for silt fence standard). C. Fencing is prohibited outside of the Activity Envelope. A fence shall not be erected around the perimeter of the Activity Envelope. D. Native vegetation shall be maintained outside the activity envelope, except where management is necessary to reduce wildfire hazards. E. Trash/garbage shall be kept in approved bear resistant containers or enclosures, including during construction. A designated recycling area shall be provided. F. If the ponds are to be stocked with fish, the Applicant shall obtain a private lakes license and a fish stocking permit from the Division of Wildlife. G. Contractors and construction workers shall be prohibited from bringing dogs on -site during construction. H. The "upper bench" of the property shall be restricted from use by staff, visitors and students from October 1 through July 1. 27. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 28. If the property or the school use is transferred or conveyed to different ownership at any time, the use and structures shall remain entirely unchanged and in compliance with the master plan. If a change in ownership results in change to the use and/or structures, this master plan must be amended. 29. Statutory vested rights for the approvals contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth In Pitkin County Land Use Code, § 4 -140 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on May 14, 2018. RECEPTION#: 550330, 06/18/2008 at 09:40:13 AM, 9 OF 12, Janica K. Vos Caudill, Pitkin County, CO Resolution No.40 -1008 Page 9 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 23 day of December, 2007. APPROVED AND ADOPTED on the 14 day of May, 2008, after review at public bearings on January 23, February 25 and 27, March 10 and 12, April 9, and May 14, 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Myra Times Weekly on the day of Gk t, Myra 2008. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO n e t By (Yank ck Hatfield, C man ^ • T: Jean Ir ones, Clerk to t {- BOCC APP ` OVED AS TO CONTENT: APPROVED AS TO FORM: l • I •.. ' r -�ctE m Reuben Joh Community Development Director ttomey P05$ -07 PID 273514401802 RECEPTION #: 550330, 06/18/2008 at 09:40:13 A14, 10 OF 12, Janice K. Vos Caudill, Pitkin County, dCO /, i e = I i , 1 y - £ f i 3 f a T -1 R` 6 &1 � 1. / 4 : 1 t ..ii I i 1 ii a i I •'• t 1 1 i i ; 1 ' . � { i a , d , i ,fir `� f I -- i -f Pe 1; f 1 . 1 A ll 1 1 )y1•` t t I - S ■I : - 1 l : i I I f _ ! 1 i gr ntoes 1 / r it :r I 000117 RECEPTION #: 550330, 06/18/2008 at 09:40:13 AM, 11 OP 12, Janice K. Vos Caudill, Pitkin County, CO ASPEN MUSIC FESTIVAL. & SCHOOLIASPEN COUNTRY DAY SCHOOL CASTLE CREEK CAMPUS EMERGENCY RESPONSE PLAN 1. Introduction a. Emergency Contact Numbers b. External Communication and Notification of Emergency Responders c. Roles and Responsibilities of Management Team /Personnel d. Internal Communication protocol during emergency 2. Types of Emergency - Natural Hazards a. Fire 1. Detection and alert 2. Evacuation procedure and posting of evacuation routes 3. Offsite evacuation protocol and location 4. Assigned responsibilities 5. Protocol for verifying headcount 6. Communication with Emergency responders 7. Drill and tabletop schedule b. Mudslide /Avalanche 1. Ongoing monitoring of physical landscape for potential hazard 2. Detection of actual event and alert 3. Evacuation procedure and posting of evacuation routes 4. Offsite evacuation protocol and location 5. Assigned responsibilities 6. Protocol for verifying headcount 7. Communication with Emergency responders 8. Drill and tabletop schedule c. Flood 1. Ongoing monitoring of Castle Creek for potential hazard 2. Detection of actual event and alert 3. Evacuation procedure and posting of evacuation routes 4. Offsite evacuation protocol and location 5. Assigned responsibilities 6. Protocol for verifying headcount 7. Communication with Emergency responders 8. Drill and tabletop schedule d, Gas /Chlorine Leak - Water Treatment facility 1. Detection of actual event and alert 2. Evacuation procedure and posting of evacuation routes 3. Offsite evacuation protocol and location 4. Assigned responsibilities 5. Protocol for verifying headcount 6. Communication with Emergency responders 7. Drill and tabletop schedule RECEPTION#: 550330, 06/18/2008 at 09:40:13 AM, 12 OF 12, Janice K. Vos Caudill, Pitkin County, CO 3. Types of Emergency — Human a. Student Weapons 1. Protocol for confronting student 2. Communication with Sheriff 3. Roles and responsibilities of campus personnel b. Suspect Person on Campus 1. Protocol for confronting suspect 2. Roles and responsibilities of campus personnel 3. Communication with Sheriff c. Armed Intruder on Campus 1. Notification of Sheriff 2. Campus Lockdown procedure 3. Roles and responsibilities of campus personnel 4. Interaction with gunman 5. Drill and tabletop schedule d. Bomb Threat/Explosions on campus 1. Notification of Sheriff 2. Campus Lockdown Procedure and Evacuation plan 3. Offsite evacuation protocol and location 4. Roles and responsibilities of campus personnel 5. Bomb caller checklist 4. Types of Emergency — Off campus a. Bus accident 1. Communication protocol with school 2. Roles and responsibilities at scene of accident 4. Communication with emergency response team 3. Communication with parent community 5. Post Crisis Communication a. Goals and objectives b. List of community support services c. Protocol for communicating with families d. Plan for communicating with entire school community EXHIBIT C Estimated gross water requirement (gpd) and maximum water flow requirements for the structures and facilities approved by the Master Plan at full development (including water requirements for any existing uses that will be continued upon completion of the new construction), and estimated treated water irrigation requirements, including number of square feet to be Irrigated with treated water. Est. ECU Est. GPD" Existing 16.96 6190.40 Proposed Building 2 9.83 3587.95 Building 5 1.00 365.00 Building 6 2.00 730.00 Building 7 6.37 2325.05 Building 8 7.06 2576.90 Building 9, 10 & 11 10.36 3781.40 Building 13 7.30 2664.50 Building 15 10.09 3682.85 Irrigation' 8.00 2920 Total 78.97 28,824.05 — Round Up 80 29,200 *365 gpd per ECU 2,000 SF to be irrigated with treated water EXHIBIT D Provisions for fire flow and fire flow storage Fire flow requirements for the Music Associates of Aspen property will be met through a combination of potable water and water stored in an existing pond or ponds on the property. The City of Aspen Water Department will deliver approximately 1000 gpm to 1100 gpm through an existing 8 -inch diameter water main to the property. The existing 8 -inch line will be extended to form an 8 -inch diameter water line loop within the property. One existing fire hydrant near the existing bridge will remain, and will be augmented by the installation of four new fire hydrants connected to the potable system within the property. The fire hydrants will be spaced at intervals of approximately 400 feet throughout the property. Additional fire flow storage is being provided by water stored in the existing and reconfigured pond or ponds. A new dry fire hydrant (See attached detail) will be installed near the administration building on the easterly side of the existing bridge, and will draw water from the Shallow Pond or a combination of the Shallow Pond and the Great pond. The dry fire hydrant will be clearly differentiated from the fire hydrants connected to the potable water system by means of signage or color to be approved by the Aspen Fire Protection District, The minimum required fire flow storage for the site is 135,000 gallons. (750 gpm X 60 min X 3 hrs). The volume of water in the ponds, assuming an average depth of four feet, Is estimated to be 1,773,000 gallons. Assuming winter conditions with an ice cover of 1.5 feet, the volume would be reduced to approximately 1,148,000 gallons. During construction of some of the buildings in Phase Two, it will be necessary to drain the Great Pond. During that period, the perimeter of the Shallow Pond will be enlarged in order to increase the available fire flow storage. At completion of construction, the Great Pond will be filled and the combined capacity of the two ponds will far exceed the volume required for fire storage. In addition to the water system enhancements, improvements to the existing roadways will improve emergency access throughout the site. Two new bridges provide continuous vehicular circulation through the site, allowing fire protection vehicles to approach a fire from both sides of the creek. The roadways have been designed and the fire hydrants are being located in collaboration with the Aspen Fire Protection District In order to optimize their ability to control a fire, should one occur on the campus. EXHIBIT E General Description of Easements to be conveyed to the City of Aspen Water Department New 8 -inch diameter water main extensions will be located in Music School Road and will be extended to the southerly end of the Music Associates of Aspen property on the westerly side of Castle Creek. The line will cross under Castle Creek just south of the proposed Upper Bridge, and then continue within a newly constructed looped roadway system to reconnect with existing 8 -inch water mains near the existing administration building. Approximately 600 linear feet of existing 8 -inch water line and an existing fire hydrant will be abandoned. This line begins in the roadway just south of the existing Castle Creek Building, and runs in a southerly direction easterly of the existing Administration Building, westerly of the Shallow Pond and then southeasterly to its terminus at an existing fire hydrant. The fire hydrant and portions of the existing water line that are in conflict with proposed improvements will be removed. New easements, 25 feet in width, will be created for all new waterlines and fire hydrants located in or adjacent to the roadways. An easement, 30 feet in width will be granted for the waterline as it crosses Castle Creek. The easements will be twelve and one -half feet or fifteen feet on each side of the centerline of the as- constructed water lines and fire hydrants. The easement descriptions will be provided at the time of completion of each phase of development. EXHIBIT F General Description of other circumstances affecting the cost or type of construction for the water mains or facilities There are two sections of water line associated with water system extensions on the Music Associates of Aspen property that will require construction techniques or materials that differ from standard installation procedures. The first area is near the southerly end of campus where an 8 -inch water line crosses Castle Creek to complete an 8 -inch water line loop within the property. For this crossing, restrained joint pipe will be installed inside a larger casing pipe underneath Castle Creek. Vertical bends will be employed to take the pipe from the standard seven -foot bury depth to a depth of seven feet below the water level of Castle Creek. Eight -inch main line gate valves will be installed on either side of the creek. The second area is near the southerly end of campus in an area where the width of the roadway does not allow for the standard ten foot separation between water and sewer lines. In a section 146 feet in length the separation between water and sewer lines will be five feet. In this area the water line will be constructed using Class 54 ductile iron pipe. The sewer line will be constructed using C -900 Class 200 water pipe that will extend an additional ten feet on each end of the zone where separation is less than ten feet. In addition to the on- campus considerations, the City of Aspen Water Department will be making modifications to the Music Associates of Aspen water line at its connection to the water plant. The existing water main serving campus is connected directly to the clear well at the water plant, limiting both the water volume and pressure delivered to campus. In order to improve the flow rate and the pressure in the campus main line, a new water main connection will be made to an existing water main in a higher pressure zone. The new connection will be made by disconnecting the Music Associates service line from the clear well at the water plant and extending it in a northerly direction to connect with a higher pressure water main in Doolittle Drive. EXHIBIT G Map of areas to be irrigated with City water .__ g i V, „ v S• l a g g 1 re § :ip_t i .. . , 2 1-3 ' .• -- S . t 1 Li ' {•:..‘ Li ", , , ., i I t w , t re r,! , : 1 }' R'' SR j — t, 1 - r 1 .\, Hi i : ; if i a a 4 i 211; ; '11•..l '1 '-,.> ■ 1 , - 1 i:', i- 10 1 / 1 hsolic.•;',.• / . ' I ,.. I ' ..d:..,‘ .. i.i...„ ; 1\ 1 \ \ I ', ' ' 1,.; i h1-?.-.111 -,'Al‘?•;".”' I ' ',? .‘ '•‘. I ,1" , \ i _.... .,,, : ''. ' i . q ,..,. : irti" si: . \ / i. .!11.) ' : i. itiv ii:i 1 x : i 1 i.:P ::.tikNoic.i 1 :Li:, 1: i ._ i 1 .it. "'tot,' c" ic - '',i'd - ■24. 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Ill _ AYS I T • i tt 11� J ,,,, t -- at ilkh III L 1111111 .. b g k y fr Isom • d w �m ''''f ; 1 Q/M 9 V02 -L g:a L \FY u �� e E � i l I E A art_ MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director W' FROM: Sara Adams, Senior Planner g RE: 518 West Main Street: Subdivision Review, Second Reading, Ordinance No. 21, Series of 2011. Continued from July 25, 2011. MEETING DATE: August 8, 2011 APPLICANT /OWNER: feet of floor area (or 0.9:1 FAR) is proposed. Fat City Holdings, LLC, 402 Midland Park Place, Aspen, CO. STAFF RECOMMENDATION: Staff recommends that the Aspen City Council REPRESENTATIVE: grant Subdivision approval with conditions. Peter Fornell. SUMMARY: LOCATION: The Applicant requests of the City Council 518 West Main Street, Lots '/2 0, P, and Subdivision approval. Q, Block 30, City and Townsite of Aspen, Colorado CURRENT ZONING & USE: Located in the Main Street Historic District within the Mixed Use zone .Q district. 518 West Main Street currently contains a 19 century residence that was _ gutted by an internal fire and a circa 1950s detached garage. The lot is approximately 7,500 square feet in size. PROPOSED LAND USE: The Applicant requests approval to re- Image 1: 518 West Main Street, subject property habilitate the historic home, demolish the garage, and construct 2 new detached multifamily structures. The entire project is 100% affordable housing and the applicant requests approval to establish affordable housing credits for 24.0 full time equivalents. 11 deed restricted for sale affordable housing units are proposed. Approximately 7,100 square Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 1 of 9 i l i Staff Note: Since the July 25 meeting date, the applicant has changed Unit #1, which was a Category 4 two bedroom unit, to a Category 2 two bedroom unit as noted in Table 1 below. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council to develop 518 West Main Street: City Council Approvals: • Subdivision Review (Section 26.480) for the development of multi - family units. City Council is the final review authority after considering a recommendation from the I Planning and Zoning Commission. • Waiver of Fees (Section 26.610.100) for the development of affordable housing. City Council is the final review authority to waive or reduce impact fees (Parks and TDM/Air Quality). ** *Note: the project requires HPC Final Review after Subdivision Review which includes review of materials, architectural details, landscape, lighting, and the roof forms of the new buildings. QUESTIONS FROM FIRST READING: How significant is the historic resource? The property represents a typical 19 century miner's residence, which contributes to the residential aspect of the Main Street Historic District. The home is located within a designated historic district that contains a mix of commercial and residential 19 century architecture. 518 West Main conveys the modest scale, building type and layout that housed Aspen's general a t I� 'X.. _ ` " ";j population. The map to the ! ' f , • ' ik right shows landmark a d :., / , .� .k • properties in orange hatching, the star indicates f r' ' A� r� , ,:'41 the subject property. The * ' � '" , fi, proximity of other r � ' ,r �% , 1 designated landmarks P , < ' ' .1 '' ; ` Vi i/ %%� . :'" "° t. contributes to the cohesion ; - y,_ t. v .,,, of the Main Street Historic ' " �'` District. What is the impact of the proposal on the integrity of the resource? The property's existing integrity assessment score, which rates the physical features of the building, is in the mid -range. The original clap board siding appears to be covered with a few layers of material from asphalt siding to the outermost layer of metal siding. An addition was added to the front porch that enclosed the eastern corner. With the absence of interior walls, Staff was able to inspect the site and determine that an addition was added to the rear of the home. The proposed rehabilitation, which includes removal Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 2 of 9 of non - historic additions, restoration of the front porch, and material /window rehabilitation, will increase the integrity assessment score. The context of the property is proposed to change with the addition of 2 new buildings; however the buildings will be detached from the historic resource, which maintains the original form and mass the historic resource. Provide a history of impact fee waivers: The ability to request a waiver or reduction of impact fees for an affordable housing development has been in place since the Park Dedication impact fee was adopted in 1979. The Air Quality /TDM impact fee was adopted in 2006. The Snyder Park Affordable Housing project received a waiver of Parks Dedication fees in 1998. Neither Truscott nor 7 and Main were granted Parks Dedication fee waivers; however, it is unclear as to whether waivers were requested. In 2005, Burlingame was granted a waiver of Park Development fees in exchange for the dedication of 195 acres of land. More recently, the Aspen Valley Hospital requested and was denied a waiver of impact fees. In the past five years, no other projects have requested and /or been granted a waiver of impact fees (not including Ordinance 48, Series of 2007 negotiations for historic preservation). Better explain the livability of the units (i.e. decks, outdoor space, storage): The applicant has a physical model to present at the public hearing on July 25` In summary, Units 1, 2 and 3 on the ground level all have covered front porches. Units 4, 5 and 6 have a small covered entrance /stoop area. Unit 7 is a studio unit - it does not have a private outdoor area. Units 8, 9, 10 and 11 have private decks. A common bike storage area is proposed at the rear of the property. The remainder of storage for the residents is located in the individual units. The applicant originally proposed basement storage space beneath the building behind the historic resource, but has omitted the storage area for cost reasons. The Aspen/Pitkin County Housing Authority (APCHA) Guidelines and the Land Use Code do not specify the amount of storage required for an affordable housing unit. Why does the applicant want to select 5 purchasers? The applicant plans to address this question at the July 25 hearing. The APCHA Guidelines do not address how many initial purchasers can be selected by the applicant for non - mitigation projects; therefore the applicant could place 100% of the units to qualified purchasers. The initial purchasers selected by the applicant must be qualified through APCHA, but they do not have to go through the lottery process. Subsequent purchasers are processed through the lottery. Can the units be converted to free market residential? There are many layers to this question and it really depends upon the specific scenario, but the short answer is probably not. The purpose of the development is to create affordable housing credits. A credit is created through a recorded deed restriction. Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 3 of 9 Subsequently, a certificate is issued and eventually sold to be used as mitigation for another project. As such it would be very difficult, but not impossible, to amend the deed restriction to convert the affordable housing unit into a free market unit. In addition, the Mixed Use zone district permits a 0.5:1 floor area ratio for free market multi - family housing. The project before Council is for about 7,100 square feet of floor area, which equals a 0.9:1 floor area ratio (1:1 is the maximum allowable floor area ratio for this project). If some of the units were converted to free market, growth management review at the Planning and Zoning Commission, competing for growth management allotments and affordable housing mitigation for the new net livable area would be required. Can the affordable housing category change? The affordable housing category designation is included in the ordinance. The proposed language states that amendments to lower the category level are processed administratively and amendments to raise the category level require City Council approval. Parking: The applicant has the ability to meet the parking requirement onsite by changing the proposal to 8 3- bedroom units which would require 8 onsite parking spaces (1 space per unit). The same number of full time equivalents would be generated for the purposes of the affordable housing credit program. While the parking requirement would be met by reducing density, affordable housing demand for 2- bedroom units would not be addressed. Staff finds that meeting affordable housing demand for 2- bedroom units outweighs the importance of meeting the parking requirement onsite. The applicant proposes to pay cash -in -lieu in the amount of $90,000 to mitigate for the 3 parking spaces. The cash -in -lieu payment will go towards the purchase of a new city bus. The applicant looked into providing designated parking off -site in one of the garages downtown; however the Parking and Transportation Departments both commented that this type of off -site parking situation usually is unsuccessful. The Conceptual HPC Resolution includes a condition of approval to address parking mitigation for the 3 spaces during Final HPC review. PREVIOUS APPROVALS: Historic Preservation Commission 518 West Main Street is a designated historic property and is a contributing resource within the Main Street Historic District. Pursuant to the Land Use Code, the Historic Preservation Commission (HPC) reviewed and approved Conceptual Major Development related to site plan, mass, form, height and scale of the project; granted a reduction in the parking requirement from the required 11 spaces, or 1 space per unit, to 8 required onsite spaces; granted a reduction in the Trash/Utility requirement related to height and depth; and granted a side yard setback variance for light wells proposed adjacent to the Ullr Commons (west side yard). HPC included a condition of approval that the roof forms for the two new detached buildings be changed to a Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 4 of 9 sloped roof and further developed for review and approval during Final Review (in addition to the typical Final Review items - materials, landscape, lighting, windows, architectural details, etc.). The HPC Resolution is attached as Exhibit D. • oa, Y _ A ICI •f � _ _ _� _ • • T hi ET. ► -:.. L T ..,. � 1 1 * i t 518. '�' .L Mx I1`: .31 . .. • • Image 2: Historic photograph of 518 West Main Street (at center) Planning and Zoning Commission The Planning and Zoning Commission reviewed and approved Growth Management for the Development of Affordable Housing and the Establishment of Affordable Housing Credits for 24.0 full time equivalents for the proposed 11 deed restricted units. The applicant proposes a mix of affordable housing unit Categories ranging from 2 to 4. All of the units with the exception of units 8 and 9 exceed the minimum net livable area specified in the As en/Pitkin County Housing Y g Authority (APCHA) Guidelines. The Housing Board approved a 2% reduction for units 8 and 9. The approved housing units are described in Table 1 below. The Commission discussed at length whether an appropriate balance was achieved between providing adequate parking for the affordable housing units and maintaining the proposed density on the site (8 spaces for 11 units). The Commission recommends that "future reviews of this project retain the current housing mix and require 1 parking space per unit." Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 5 of 9 Table 1: Unit breakdown Proposed net Minimum Unit size # of FTEs Unit # Bedrooms Category livable area size difference generated required 1 2 2 1,013 850 163 2.25 2 2 2 912 850 62 2.25 3 2 2 926 850 76 2.25 4 2 3 980 950 30 2.25 5 2 3 980 950 30 2.25 6 1 2 647 600 47 1.75 7 studio 2 446 400 46 1.25 8 2 2 836 850 ( 1 4) 2.25 9 2 2 836 850 c I -I 2.25 10 2 2 858 850 8 2.25 11 3 2 1,175 L000 175 3.00 Totals 21 9,609 24 PROJECT SUMMARY: The Applicant proposes the following: • Relocate the historic home toward the southeast on the lot and construct two new detached buildings: one fronting Main Street and one behind the historic resource. • 100% affordable housing project with 11 affordable housing units the majority of which are 2- bedroom Category 2 units. • The historic home is proposed to be divided down the middle to create 2 units that each occupy the basement and first floor. A total of 2 units are proposed. • The new Main Street building proposes 3 units that span the basement and first floors and 3 units that occupy the second and third floors, and a studio unit located on the first floor. A total of 7 units are proposed. • The new building located behind the historic home is proposed to have an accessible unit located entirely on the first floor; and a unit that spans the second and third floor. A total of 2 units are proposed. • 8 onsite parking spaces accessed off of the rear alley are proposed. As mentioned previously, HPC reduced the parking requirement from 11 spaces to 8 onsite spaces, with the condition that the applicant propose a parking alternative (possibly off -site or cash in lieu payment) to mitigate for the 3 spaces for discussion during Final HPC Review. Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 6 of 9 • The applicant is interested in selecting qualified purchasers for 5 of the 11 affordable housing units. This applies to the initial sale only; subsequent sales would be processed through the housing lottery. Table 2: Mixed Use Zone District Requirements vs. Proposed Dimensions for 518 W. Main St. Dimensional Requirement Underlying Mixed Use Zone Proposed Dimensions District Requirements Minimum Gross Lot Area 3,000 sq. ft. 7,500 sq. ft. Minimum Net Lot Area Not applicable for Multi- n/a per dwelling unit family housing development. Minimum Lot Width 30 ft. 75 ft. Minimum Front Yard 10 ft. 10 ft. for both buildings. Setback Minimum Side Yard East side yard = 5 ft. Setback 5 fl ' West side yard = 1.5 ft. Minimum Rear Yard 5 ft. 5 ft. Setback 28 ft., may be increased to 32 Maximum Height ft. through Commercial Design Approximately 28 ft. Review. Minimum Distance 10 ft. Approximately 10 ft. between Buildings Minimum 20 ft. wide x 10 ft. deep x 20 ft. wide x 8 ft. deep x Utility /trash /recycle area, 10 ft. high 8.5 ft. high 2 , accessed off of (Pursuant to Section 26.575.060) the alley Pedestrian Amenity Space Not applicable to multi - famil n/a housing development Maximum Floor Area Approx. 0.9:1 or 7,100 sq. ft. Ratio for Affordable 1:1 or 7,500 sq. ft. of floor area of floor area Housin STAFF COMMENTS: SUBDIVISION: Generally, there are two different types of subdivision: the actual division of land into two or more lots or parcels; and the creation of separate legal interests in one parcel. The development proposal before City Council is to create separate legal interests in one parcel. HPC granted a setback variance for three light wells in the west side yard, adjacent to the Ullr Commons. 2 HPC granted a reduction of the trash/utility/recycle area. • Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 7 of 9 Department have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. To address concerns about possible changes to the project that may result during building permit review, Staff included a condition of approval that any physical changes to the project that are required to comply with specific standards related to building permit review, for example site drainage standards, may require a land use review to amend the approvals. A detailed site plan including proposed drainage and storm water mitigation is required to be submitted to the Engineering Department for review prior to Final HPC approval. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP and the applicable review standards in the City Land Use Code. Staff recommends approval of the project. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No.21, Series of 2011, approving with conditions Subdivision on second reading." CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A — Subdivision Review Criteria. EXHIBIT B — Development Review Committee comments from April 20, 2011. [provided at first reading]. EXHIBIT C — Housing Board Referral comments dated June 1, 2011. [provided at first reading]. EXHIBIT D — HPC Resolution No. 4, Series of 2011. [provided at first reading]. EXHIBIT E — HPC Minutes dated February 23, 2011 and March 23, 2011. [provided at first reading]. EXHIBIT F — P &Z Resolution No. 11, Series of 2011. [provided at first reading]. EXHIBIT G — P &Z Minutes dated May 17, 2011. [provided at first reading]. EXHIBIT H — Application. [provided at first reading]. EXHIBIT I — Supplemental information from the applicant dated July 25, 2011. * * * ** *Please contact Staff if you need another copy of Exhibits A — H. * * * * * * ** Second Reading Staff Memo 518 West Main Street 08/08/2011 Page 9 of 9 ORDINANCE NO. 21, (SERIES OF 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING SUBDIVISION FOR THE DEVELOPMENT OF THREE MULTI - FAMILY BUILDINGS, INCLUDING ELEVEN AFFORDABLE HOUSING UNITS FOR THE PROPERTY LOCATED AT 518 WEST MAIN STREET, LEGALLY DESCRIBED AS LOTS P, Q, AND 1 /2 OF LOT 0, BLOCK 30, CITY OF ASPEN, PITKIN COUNTY, COLORADO. PARCEL NO. 2735-124-43-006 WHEREAS, the Community Development Department received an application from Fat City Holdings manager Peter Fomell requesting approval of Subdivision to redevelop 518 West Main Street by rehabilitating the historic home and constructing two (2) new detached multi - family structures, for a total of 3 buildings on the site, with the entire project containing eleven (11) affordable housing units equivalent to twenty -four (24) full time equivalents; and, WHEREAS, the property is located within the Mixed Use (MU) Zone District and is included on the Aspen Inventory of Sites and Structures as a local historic landmark and a contributing resource within the Main Street Historic District; and, WHEREAS, at the March 23, 2011 meeting of the Historic Preservation Commission, continued from February 23, 2011, the Historic Preservation Commission approved Resolution No. 4, Series of 2011, by a four to two ( 4 — 2) vote approving Demolition, Relocation, Setback Variances, Conceptual Major Development review, a reduction of the parking requirement to 8 onsite parking spaces, and a reduction of the dimensions of the trash, utility and recycle area; and, WHEREAS, pursuant to Section 26.480, the City Council may approve a Subdivision, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, at the May 17, 2011 meeting of the Planning and Zoning Commission, the Planning and Zoning Commission approved Resolution No. 11, Series of 2011, by a five to zero (5 — 0) vote approving 11 Growth Management allotments for the development of affordable housing, approving the establishment of affordable housing credits equal to 24.0 full time equivalents, and recommending approval of Subdivision to City Council; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Building Department, Transportation Department, Utilities Department, Fire Protection District, Ordinance No. 21, Series of 2011 Page 1 of 9 Environmental Health and Parks Department as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of Subdivision Review; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Subdivision of 518 West Main Street and all of the necessary associated land use actions to construct an eleven (11) unit affordable housing development with the conditions contained herein: Section 2: Subdivision Agreement The Applicant shall record a Subdivision agreement (hereinafter "Agreement ") that meets the requirements of the Land Use Code within 180 days of approval. The 180 days shall commence upon the granting of a Certificate of Appropriateness by the Historic Preservation Commission. The Applicant shall condominiumize the units after substantial completion of the project. The condominium plat(s) shall be reviewed administratively. The Agreement shall require recordation of a condominium plat prior to issuance of a Certificate of Occupancy. Section 3: Certificate of Appropriateness for Development of a Historic Landmark The Applicant is required to receive a Certificate of Appropriateness for the Development of a Historic Landmark prior to submission of a building permit. Section 4: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P &Z and HPC Resolutions. 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 District. Ordinance No. 21, Series of 2011 Page 2 of 9 d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which meets adopted city standards. e. An excavation stabilization plan and drainage report pursuant to the Building Department's requirements and construction management plan (CMP). The CMP shall describe mitigation for: parking, staging /encroachments, truck traffic, noise, dust, and erosion/sediment pollution. f. A detailed excavation plan for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. h. A formal site plan indicating the location of the tree protection. i. A landscape plan proposing improvements for the Right of Way pursuant to Chapter 21. Section 5: Engineering Final design and analysis 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 site drainage design and storm water runoff mitigation measures shall be conceptually approved by the Engineering Department prior to Final HPC approval. If the drainage design cannot meet city standards, the design may need to be amended and may require review and approval by City Council and /or the Historic Preservation Commission. Due to the current condition of the sidewalk, curb and gutter abutting the property the sidewalk, curb and gutter shall be replaced prior to granting of a Certificate of Occupancy pursuant to city standards. Section 6: Environmental Health Prior to remodel or demolition, including removal of drywall, carpet, tile, etc., the state must be notified and a person licensed by the state to do asbestos inspections must do an inspection. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. Section 7: Parks Tree permit: The tree permit shall be submitted for approval prior to building permit submittal. Said permit shall outline protection of existing trees, drip line excavations and mitigation for any removals as referenced in Chapter 13.20 of the Aspen Municipal Code. A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site pursuant to Aspen Municipal Code Section 13.20. Ordinance No. 21, Series of 2011 Page 3 of 9 Irrigation of trees is required throughout the entire length of the project. Any access across or through the area of protection is prohibited at all times. Protection for existing lilacs: Tree protection is required for the existing Lilacs located on the property. These protection measures shall meet the standards of the Parks Department and goals of the Historical Preservation Committee to be approved by the City Forester. ROW Improvements: Landscaping in the public right of way shall be subject to landscaping in the ROW requirements, Chapter 21.20. There shall be no plantings within the City ROW which are not approved first by the City Parks Department. Final plans shall show compliance with these requirements by way of new street trees, irrigation and sod, all of which is subject to approval by the City Forester. Concurrent with changes to the alignment of the Main Street sidewalk, the exposed area shall be re- vegetated and irrigated for a new parkway with sod. Coordination with the Parks Department shall be required to protect roots during installation of the irrigation system. An irrigation system shall be required the entire length of the ROW. Section 8: Affordable Housing 1. The units shall be deed - restricted as "for sale" units in accordance with the Aspen/Pitkin County Housing Authority Guidelines and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. 2. The applicant shall be entitled to select first purchasers for five of the affordable housing units, subject to the Aspen/Pitkin County Housing Authority Guidelines. After initial sale, the units shall be sold through the Aspen/Pitkin County Housing Authority lottery system. 3. Amendments to the affordable housing category shall be processed as follows: a. Reducing the category level requires administrative review by the Community Development Director. b. Increasing the category level requires review by the City Council. 4. The deed - restriction shall be recorded prior to or at the time of recordation of the Condominium Plat and prior to transfer. 5. The following is approved: Table 2: Affordable Housing Unit details Unit # Bedrooms Category # of FTEs generated 1 2 2 2.25 2 2 2 2.25 3 2 2 2.25 4 2 3 2.25 5 2 3 2.25 6 1 2 1.75 7 studio 2 1.25 8 2 _ 2 2.25 Ordinance No. 21, Series of 2011 Page 4 of 9 9 2 2 2.25 10 2 2 2.25 11 3 2 3.00 Totals 21 _ 24 Section 9: Certificates of Affordable Housing Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved the issuance of Certificates of Affordable Housing Credits, such certificates to be granted subsequent to issuance of a Certificate of Occupancy for the project. Table 3: Certificates of Affordable Housing Unit Type Employee Housed Number of Units Certificates of Affordable Housing studio 1.25 1 1.25 One bedroom 1.75 1 1.75 Two bedroom 2.25 8 18 Three bedroom 3.00 1 3 Total 24 Section 10: Aspen Consolidated Sanitation District Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. Soil Nails are not allowed in the public ROW above ACSD main sewer lines and within 3 feet vertically below an ACSD main sewer line. The old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements, before any and all soil stabilization measures are attempted and prior to ACSD releasing any and all permits. A separate ACSD permit is required. Section 11: Fire Department All structures, regardless of size, shall have installed approved life safety systems (i.e. fire sprinklers and fire alarms), and meet adopted city standards. Section 12: Utilities Department Requirements The Applicant shall comply with the City of Aspen Water System Standards and with Title 25 of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 13: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to Building Permit issuance for the excavation/stabilization permit. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of Building Permit submittal. Ordinance No. 21, Series of 2011 Page 5 of 9 Section 14: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee and Transportation Demand Management (TDM) /Air Quality impact fee assessed at the time of Building Permit application submittal and paid at Building Permit issuance for the excavation/stabilization permit. The amount shall be calculated using the methodology and fee schedule in effect at the time of Building Permit submittal. Section 15: Exterior Lighting 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 16: Financial Assurances - Performance Bond (a) The Applicant commits and agrees that before a Building Permit is issued for excavation/stabilization the 518 West Main Street development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Applicant has in place sufficient financing to accomplish and complete the construction of the development, including all public improvements. Such financing may include, without limitation, a construction loan from an institutional lender or lenders and equity capital investments from the Applicant and/or third party investors. (b) Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Applicant's General Contractor and shall be delivered to the City Building Department for review and approval before the Building Permit is issued. (c) The Applicant further commits and agrees that before a Building Permit is issued for the 518 West Main Street development approved by this Ordinance, the Applicant shall provide to the City Building Department and the City Attorney for review and approval a copy of a Performance Bond issued or committed to be issued to the Applicant's General Contractor by an institutional surety company pursuant to which the surety agrees to provide the funds necessary to complete the construction of the improvements covered by the Building Permit, and all public improvements required under the Subdivision Agreement. The Performance Bond shall name the Applicant and the City of Aspen as additional beneficiaries or insureds thereunder to grant to either or both of them a direct right of action under the Performance Bond in order to construct or finish public improvements, and to complete the construction of the improvements covered by the Building Permit. Section 17: Site Protection Fund The Applicant hereby commits and agrees that before a Building Permit is issued for the development approved by this Ordinance (the `Project'), the Applicant shall deposit with an "Escrow Agent" the sum of $100,000 in the form of cash or wired funds (the "Escrow Funds ") and will execute an Escrow Agreement and Instructions with the Escrow Agent which recites and agrees as follows: Ordinance No. 21, Series of 2011 Page 6 of 9 In the event construction work on the Project shall cease for sixty (60) days or longer (`work stoppage') prior to a final inspection by the City of the work authorized by the Foundation/Structural Frame Permit on the Project, then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing the Project site and improvements from damage by the elements and /or from trespass by unauthorized persons, and for purposes of improving the Project site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. The Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Project. The City shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the same from time to time. Section 18: Public Improvements A Certificate of Occupancy or a Conditional Certificate of Occupancy shall not be issued for the project until all public improvements have been completed. The public improvements shall include, but are not necessarily limited to, the sidewalk improvements set forth at §6 an §8 herein, compliance with the parks plans referenced in §8 herein, the sanitation district requirements set forth at § 11 herein, the school land dedication requirement set forth at § 14 herein, and the transportation impact fees set forth at § 15 herein. Section 19: Vested Rights The development approvals granted herein are conditioned on the issuance of a Certificate of Appropriateness from the Historic Preservation Commission. The development approvals granted herein shall constitute a site - specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of 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 Ordinance No. 21, Series of 2011 Page 7 of 9 site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 518 West Main Street with a legal description of Lots P, Q and 'h of 0, Block 30, City and Townsite of Aspen Colorado, by Ordinance of the City Council of the City of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 20: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission, Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 21: 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 22: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 23: A public hearing on this ordinance shall be held on the 25 day of July, 2011, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Ordinance No. 21, Series of 2011 Page 8 of 9 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 27th day of June, 2011. Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2011. Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: John P. Worcester, City Attorney Ordinance No. 21, Series of 2011 Page 9 of 9 Exhibit A Subdivision Review Sec. 26.480.050. Review standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Response: Staff finds that the proposed project is consistent with the Aspen Area Comprehensive Plan as described below: Managing Growth: • "Contain development with the creation of the Aspen Community Growth Boundary...to ensure development is contained and sprawl is minimized." (Goal D, pg 18) • "Foster a well - balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19) The project is located on Main Street within the Aspen Community Growth Boundary which encourages transit and pedestrian friendly lifestyles and contributes to diversity along Main Street. The Main Street Historic District historically represented a mix of residential properties along with commercial uses. The proposed residential multi - family project contributes to the residential aspects of the historic district. Transportation: • "The community seeks to provide a balanced, integrated transportation system for residents, visitors, and commuters that reduced congestion and air pollution. Walking, Bicycling and transit use is promoted to help us reach that goal." (Intent, pg 21) • "Structure new growth in the community on compact, mixed -use patterns that enable and support travel by foot, bicycle, and public transportation for all types of trips." (Policies, pg 22) The location of the project on Main Street fully supports community goals to promote alternative methods of transportation: a RFTA bus stop is already located in front of the project; sidewalks are located along Main Street, and bicycling routes are abundant. Housing: • "Create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods..." (Intent, pg 25) 518 West Main Street, 05/17/2011 Exhibit A- Subdivision Review Page 1 of 4 • "Housing should be compatible with the scale and character of the community and should emphasize quality construction and design even though that emphasis necessarily increases costs and lessens production." (Philosophy, pg 25) • "Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands." (Philosophy, pg 25 -26) • "Consideration should be given to minimize the development footprint of all affordable housing projects without compromising the appropriate density or the livability of the project." (Policies, pg 26) • "Encourage greater participation by the private sector in developing affordable housing." (Goal E, pg 27) Historic Preservation: • "Do not approve `copytecture' solutions. Encourage sensitive additions and talk about compatibility in terms of `sympathetic, subservient, and contextual'." (Goal C, pg 40) • "Protect all buildings and sites of historic significance." (Goal F, pg 40) Design Quality: • "We wish to encourage creativity that results in design solutions that are fresh and innovative, yet are net additions to the built environment by being contextually appropriate and harmonious without being copies of that which already exists." (Philosophy, pg 43) The 100% affordable housing project meets the goals of the Housing Chapter of the AACP by developing housing that is within the traditional townsite. The Historic Preservation, Housing and Design Quality goals are met through the balance of density, sensitive development and rehabilitation of a historic 19 century Miner's residence. The proposed development combines these goals into one project that promotes the Housing program and contributes to town's history by resurrecting a historic resource. The Historic Preservation Commission (HPC) approved the conceptual design of the project (massing, scale, proportion) with specific conditions related to the architecture to be addressed during Final HPC Review. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Response: The proposed project is consistent with the requirements and uses of the Mixed Use Zone District and existing land uses in the area. Staff finds this criterion is met. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Response: The proposed subdivision is technical in nature and as such shall not adversely affect future development. Staff finds this criterion is met. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. 518 West Main Street, 05/17/2011 Exhibit A- Subdivision Review Page 2 of 4 Staff Response: The applicant represents that the project is in compliance with all applicable requirements of the Municipal Code. Any conflicts with the project meeting the requirement of this Title may result in the project requiring an amendment pursuant to the requirement in the Land Use Code, as described in the draft conditions of approval. Staff finds that this criterion is met. B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Staff Response: The subject property is a generally flat site located on Main Street that is currently developed with a 19` century Miner' s cottage. Staff finds that this criterion is met. 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Response: Not applicable. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas and /or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Response: The applicant represents that the relevant improvements described at Chapter 26.580 are met in the proposed project. As mentioned previously, any changes that result from the project meeting the required standards listed in Chapter 26.580 may require an amendment to the project and associated land use reviews. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement housing program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. 518 West Main Street, 05/17/2011 Exhibit A- Subdivision Review Page 3 of 4 Staff Response: The applicant proposes a 100% affordable housing project. Growth Management allotments for the development of affordable housing were granted by the Planning and Zoning Commission. Staff finds this criterion to be met. E. School land dedication. Compliance with the School land dedication standards set forth at Chapter 26.620. Staff Response: The applicant agrees to comply with the applicable school land dedication standards. Staff finds this criterion to be met. F. Growth management approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH -PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44 -2001, §2; Ord. No. 12, 2007, § §29, 30) Staff Response: Growth Management review for the development of affordable housing was granted by the Planning and Zoning Commission via Resolution No. 11 (Series 2011). Staff finds this criterion to be met. 518 West Main Street, 05/17/2011 Exhibit A- Subdivision Review Page 4 of 4 _____ hditikit S. To: Sara Adams From: Peter Fomell Date: July 15, 2011 Re: Response to City Council comments Dear Sara, I am excited about presenting the 518 Main project at council on the 25 I take great pride in the product we are creating and wanted to ensure that all concerns are addressed fully prior to the meeting. One matter which was mentioned at first reading was that of livability. I am also concerned about this as I plan to place a certain number of the units to qualified buyers who are known to me. The plan includes decks, patios, and open areas. Certain upstairs units have vaulted ceilings and all units have washer /dryers, dishwashers and lots of closet spaces. These will be the most comfortable units in the category 2 level. I believe that as important as the issue of livability is to these units, that just as important is the matter of opportunity. I plan to offer these 5 units to young people in the town, friends of my own children who were born and raised here, left for college and made the decision to come home and make this town their hometown as adults. As I discuss the possibility for them, they are excited and feel as though this could be their opportunity to be owners of a home in the town they love. During these discussions, much talk surrounds the cost of ownership. All of the young people ask what the monthly mortgage will be along with the ultimate total cost of ownership is. No one has asked what the square footage is. The concern for them is, can I afford it. The price difference between categories is the difference between whether or not they can make the payments. There are a number of reasons that the category 2 units need to be preserved. First is the disparity between lower and higher category units in our local inventory. There are approx. Five times as many category 4 units in the two bedroom inventory versus category 2. We need these units for a more dynamic mix of property owners. Second is that currently there are two large projects with category 2 mitigation requirements. At Aspenwalk and on Aspen st., these projects both have category 2 requirements where they plan to use FTEs to mitigate. Locations where we have either lost or are losing lower category housing. These projects will create the need for those smaller categories and \\ need to be built to satisfy their development. My development at 301 Hyman is coming along nicely. The units look fantastic and I have the support and positive commentary of all of the neighborhood. We are creating inventory that all of us can take great pride in and I look forward to providing further assistance to our housing inventory with units people can afford to buy, and then own down the road. Sinc re/ , -4, Peter Fomell MEMORANDUM Orb) TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director4!(�, FROM: Sara Adams, Senior Planner RE: AspenWalk (404 Park Avenue and 414 Park Circle): Subdivision, Final PUD Review, Second Reading, Ordinance No. 19, Series of 2011, continued from July 11, 2011 and July 25, 2011. MEETING DATE: August 8, 2011. APPLICANT /OWNER: STAFF RECOMMENDATION: PFG Aspenwalk, LLC (404 Park Staff recommends that the applicant continue to Avenue) and Aspen Pitkin County develop the design as described herein. Housing Authority (414 Park Circle) SUMMARY: REPRESENTATIVE: The Applicant requests City Council approval of Stan Clauson, Stan Clauson Associates, Subdivision and Final PUD. Inc. tY LOCATION: Lot 3, Sunny Park Subdivision and Lot 5, Sunny Park Subdivision commonly j + known as 404 Park Avenue and 414 Park - - Circle, respectively. 1 CURRENT ZONING & USE E ' - -- 6 . .. - Located in the residential multi - family i (R /MF) zone district with a Planned Unit w - Development (PUD) overlay. 404 Park _ Ave. contains 17,550 sq. ft. of lot area 404 Park Circle while 414 Park Circle contains 15,224 r * , sq. ft of lot area. ' PROPOSED LAND USE: * y The Applicant is requesting to merge lot t ,rc 3 and lot 5 of the Sunny Park rxr_ j r Subdivision, develop a residential multi- ts family building containing sub -grade parking, 17 affordable housing units and - 14 free - market residential housing units 414 Park Avenue for a total of 31 dwelling units. Aspen Walk — 404 Park Cir. & 414 Park Ave. City Council — Staff Memo 8/8/2011 Page 1 of 3 During the public hearing on July 25, 2011, City Council voiced concern regarding the mass and scale of the building, affordable housing livability, affordable housing category mix, and whether the architecture fit into neighborhood context. In addition questions were raised about the displacement of existing residents in the deed - restricted Category 1 rental housing at 414 Park Avenue and how the proposed homeowners association would operate. The applicant is working to address these issues and plans to present an overview of possible changes to the project on August 8` to see if they are on the right track. During the July 25 applicant presentation, it became clear that the City massing model was out of scale in this neighborhood. Staff is working with the architect to fix this issue. The staff memo from July 25 and review criteria, exhibits A — C are attached to this memo for your reference. Staff recommends that Council provide direction to the applicant on the proposed changes and continue to the public hearing to September 19 Attachments: EXHIBIT A — Final PUD Review Criteria, Staff Findings. EXHIBIT B — Subdivision Review Criteria, Staff Findings. EXHIBIT C— Affordable Housing Unit Variance Criteria, Staff Findings. EXHIBIT D - DRC Comments [provided in June 13, 2011 packet]. EXHIBIT E- Background history of the project submitted by the applicant to the Bankruptcy Court on May 10, 2011. [provided in June 13, 2011 packet]. EXHIBIT F - Planning and Zoning Commission Resolution No. 8, Series of 2011, recommending Final PUD and Subdivision approval to City Council [provided in June 13, 2011 packet]. EXHIBIT G - Planning and Zoning Commission Resolution No. 9, Series of 2011, granting Growth Management approval and Residential Design Standard variances [provided in June 13, 2011 packet]. EXHIBIT H — Planning and Zoning Commission meeting minutes dated February 15, 2011; March 15, 2011, April 5, 2011 and May 3, 2011 [provided in June 13, 2011 packet]. EXHIBIT I - Council Resolution No. 74, Series of 2008, granting Conceptual PUD approval [provided in June 13, 2011 packet]. EXHIBIT J — Application [provided in June 13, 2011 packet]. Aspen Walk — 404 Park Cir. & 414 Park Ave. City Council — Staff Memo 8/8/2011 Page 2 of 3 EXHIBIT K - City Council meeting minutes dated October 27, 2008 regarding Conceptual PUD Review [provided on June 13, 2011]. EXHIBIT L — Supplemental information to the application, dated June 30, 2011. EXHIBIT M — Letter from Midland Park Condomium Association, dated June 28, 2011. [provided on July 11, 2011]. EXHIBIT N — Proof of Public Notice. [provided during the public hearing on July 11, 2011]. EXHIBIT 0 — Affordable Housing Unit Sales Activity dated 2005 to present provided by APCHA. [provided during the public hearing on July 25, 2011]. EXHIBIT P — Memo from the City Attorney [provided during the public hearing on July 25, 2011]. EXHIBIT Q - Supplemental information to the application, dated July 18, 2011 [provided during the public hearing on July 25, 2011]. EXHIBIT R — Letters from the public, presented on July 25, 2011 [provided during the public hearing on July 25, 20111 * * * ** please contact Staff if you require additional copies of Exhibits D — N * * * ** Aspen Walk — 404 Park Cir. & 414 Park Ave. City Council — Staff Memo 8/8/2011 Page 3 of 3 MEMORANDUM ** *FROM JULY 25TH * ** TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director FROM: Sara Adams, Senior Planner RE: AspenWalk (404 Park Avenue and 414 Park Circle): Subdivision, Final PUD Review, Second Reading, Ordinance No. 19, Series of 2011, continued from July 11, 2011. MEETING DATE: July 25, 2011. APPLICANT /OWNER: STAFF RECOMMENDATION: PFG Aspenwalk, LLC (404 Park Staff recommends that the applicant continue to Avenue) and Aspen Pitkin County develop the design as described herein. Housing Authority (414 Park Circle) SUMMARY: REPRESENTATIVE: The Applicant requests City Council approval of Stan Clauson, Stan Clauson Associates, Subdivision and Final PUD. Inc. LOCATION: Lot 3, Sunny Park Subdivision and Lot II 5, Sunny Park Subdivision commonly j known as 404 Park Avenue and 414 Park - - Circle, respectively. CURRENT ZONING & USE j ` Located in the residential multi- family • ili te7r $ '� (R/MF) zone district with a Planned Unit (PUD) overlay. 404 Park - m`= Ave. contains 17,550 sq. ft. of lot area 404 Park Circle while 414 Park Circle contains 15,224 yYy sq. ft of lot area. ```• . PROPOSED LAND USE S The Applicant is requesting to merge lot -`� 3 and lot 5 of the Sunny Park • i.t ; Subdivision, develop a residential multi- ■ family building containing sub -grade parking, 17 affordable housing units and - 14 free - market residential housing units 414 Park Avenue for a total of 31 dwelling units. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 1 of 18 • SPECIAL NOTE: There are no modifications to the proposal presented on July 11, 2011. Below you will find more information regarding the proposed affordable housing units. The original staff report from July 11, 2011 is included to show the development proposal, background and dimensional standards table associated with the development so that you have this information at hand. Affordable Housing: 100% multi - family replacement requires mitigation at the Resident Occupied (RO) category level or lower. An applicant may chose to provide mitigation units at lower categories. The proposed Category 3 and 4 units meet the onsite mitigation requirements and are lower than the required RO category designation. The co- applicants, AspenWalk LLC and Aspen/Pitkin County Housing Authority (APCHA) have entered into a Joint Development Agreement which specifies 6 Category 3 units and 11 Category 4 units for the onsite mitigation units. According to the Joint Development Agreement, AspenWalk LLC is authorized to assign categories to the specific units with the understanding that 6 are Category 3 and 11 are Category 4. The applicant indicates that the Category 3 units will comprise of 5 studios and 1 1- bedroom unit, and the Category 4 units will comprise of the remaining 1, 2, and 3- bedroom units. A specific breakdown of units and categories has not been provided yet. APCHA provided the information in Table 1 to outline the total number of existing units in each category. It is important to recognize that the Land Use Code requires mitigation units at Category 4 or lower for all development projects (with the exception of 100% multi - family replacement which requires mitigation at Category RO or lower). APCHA submitted sales activity dating from 2005 to present to show demand for affordable housing unit types and categories (Exhibit 0). Table 1: Ownershi units within the City Category: 1 1 2 3 4 5 6 7 RO Totals Studio: 2 8 11 17 0 38 One - Bedroom: 9 72 59 76 1 2 0 0 219 Two - Bedroom: 2 30 39 152 3 1 0 8 235 Three- Bedroom: 1 11 60 77 6 4 4 5 168 Four- Bedroom: 0 5 1 19 0 0 0 5 30 Single - Family: 1 0 20 44 0 2 0 113 180 Totals 15 126 190 385 10 9 4 131 870 * * ** *Following is the staff memo and recommendation from the July 11, 2011 meeting: LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from City Council to develop Aspen Walk: • Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 2 of 18 • Subdivision Review (Section 26.480) for the development of multi - family units and the vacation of a lot line. City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission. • Final PUD Review (Section 26.445) to establish dimensional requirements for the proposed development. City Council is the final review authority after considering a recommendation from the Planning and Zoning Commission. • A five (5) year Vested Rights period (Chapter 26.308, Vested Property Rights). City Council is the final review authority. QUESTIONS FROM FIRST READING: 1) Financial Assurances: Council requested more information regarding the three specific conditions on the approval of the Conceptual PUD resolution relating to the Applicant's financial ability to complete the project. Those conditions and their status are addressed as follows: Section 1(D) of Resolution No. 74, Series of 2010: Prior to the issuance of Final PUD approval by the City Council, the Applicants shall demonstrate to the satisfaction of the city: (1) the elimination of Thomas J. Petters and James Whemhoff from any project ownership or involvement; and (2) the project is in no way subject to closing liability or other legal or financial risks arising from the foregoing concerns over potential financial and legal risks associated with the project. Response - The City Attorney is satisfied that Messrs. Petters and Whemhoff have no ownership or other involvement in the project. The City Attorney has been provided with copies of documents filed with the United States District Court of Minnesota (Case No. 08- CV- 05348) in which the court appointed a receiver to control numerous assets and companies including all of the assets of PFG AspenWalk, LLC. Included in those documents is (a) an Order approving the receiver's abandonment of the assets of AspenWalk, LLC, (b) Notice of Abandonment by the court appointed receiver of the assets of Petters Real Estate group, LLC, of all interests in PFG AspenWalk, LLC, and (c) a Resignation of Manager by which Peters Real Estate Group, LLC, executed by the court appointed receiver, resigns as manager of PFG AspenWalk, LLC. The City Attomey has also been furbished with copies of a Voluntary Petition for Chapter 11 bankruptcy in the United States Bankruptcy Court of the District of Minnesota (case No. 10- 47089) which lists all current partners, officers, directors and shareholders in PFG AspenWalk, LLC, and does not list either Mr. Petters or Mr. Whemhoff. The Chapter 11 bankruptcy, if successfully completed and the proposed re- organization plan confirmed, should allow the Applicants to proceed with their proposed project without any "closing liability or other legal or financial risks" associated with the prior involvement of Messrs. Petters and Whemhoff and the subsequent receivership. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 3 of 18 Section 1(E) of Resolution No. 74, Series of 2010, first sentence: Prior to the issuance of Final PUD approval by the city Council, the Applicants shall provide evidence to the satisfaction of the City Attorney of the availability of sufficient financing to pay the total cost and completion of the project. Response — The City Attorney has received a copy of a letter from the Dougherty Funding, LLC, a Minneapolis financial institution, addressed to Thomas Salmen, a principal in PFG AspenWalk, LLC, outlining the basic terms under which Daugherty Funding, LLC would consider finalizing a construction loan of up to $32,000,000.00 after the Applicants have received Final PUD approval for the proposed project. The City Attorney has reviewed the commitment letter and is of the opinion that conditions of the commitment letter appear to be reasonable. Of particular note, is that one condition of the commitment is that the Applicants will be required to pre -sale 100% of the free market units with a non - refundable earnest money commitment of 10% Section 1(E) of Resolution No. 74, Series of 2010, second sentence: Prior to issuance of any building permits and closing on the 414 Park Circle land purchase, Applicant shall provide evidence that sufficient financing is in place to pay the total cost and completion of the project. This may include, but is not limited to, a financing commitment, a general contract, letters of credit, escrow money or completion bonds, as determined by the City Attorney in his sole discretion. Response — This general condition has been included in the ordinance for Final PUD approval. See Sections 4 & 5 of the proposed ordinance. Prior to the issuance of a building permit, the Applicants must (a) provide evidence that the bankruptcy court has confirmed their re- organization plan, (b) evidence that it has "in place, sufficient financing to accomplish and complete the construction of the development," (c) provide detailed estimates for all improvements that may be requested by the Building Department, (d) provide the City with evidence of Performance Bonds to ensure completion of the project (with the City named as additional beneficiary in order to complete the project if necessary and desirable), and (e) provide the City with a copy of an executed Joint Development Agreement with the Aspen/Pitkin County Housing Authority (the JDA with APCHA will contain additional assurances and guarantees of performance by the applicants and remedies for non - performance.) Section 1(F) of Resolution No. 74, Series of 2010: Conceptual Approval is explicitly conditioned upon receipt by City Council of a letter opinion from an expert on receivership and related proceedings; said expert to be of Council's choice and paid for by the applicant. Further, Council may, at its sole discretion upon review of the expert opinion of the financial state of the application including, but not limited to, the disposition of this property, withdraw their approval. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 4 of 18 Response — In accordance with this condition of the conceptual approval, the City Attorney engaged an attorney at Holland & Hart, an expert in receiverships and bankruptcies, to advise the City Attorney regarding the effects of the receivership and bankruptcy proceedings of PFG AspenWalk, LLC, upon the proposed development; and, to provide City Council with a letter addressing the issues and concems raised by the receivership and bankruptcy proceedings. The attomey has provided City Council with such a letter. In addition, the attorney has been available to the City Attorney to discuss these matters. The communications and personal conversations have been helpful in formulating the language of the proposed ordinance for Final PUD approval now before City Council. The Applicant has agreed to pay for the services of the Holland & Hart attorney. 2) Affordable Housing: Why was the number of units reduced from 18 to 17? Response: The number of affordable housing units was reduced from 18 units to 17 units to comply with affordable housing mitigation requirements. 100% multi - family replacement requires that the number of units, bedrooms and net livable area of the existing free market building be replaced. The application met the requirements for number of units and amount of net livable area but was one bedroom short. In order to add a bedroom to the project without substantially changing the mass of the building, the applicant combined two 1- bedroom units into one 3- bedroom unit thus reducing the unit number to 17 and increasing the bedroom count to 25. Table 1: Existing configuration of free market multi - family units (404 Park Avenue) and proposed configuration of onsite affordable housing units Existing Required Configuration Proposed Configuration for 100% replacement Configuration # of units 14 14 17 # of bedrooms 25 25 25 net livable area (sq. ft.) 9,300 9,300 12,032 Explain in more detail how the subgrade units meet the criteria for a reduction in amount of net livable below grade: Response: City Council adopted a code amendment allowing a variation of the standard that 50% of the net livable area of an affordable housing unit is above grade subject to specific criteria. The criteria (included in Exhibit C) address the below grade affordable housing units in terms of compatibility with the neighborhood, response to site constraints such as topography, and that they are designed in a manner that exceed the expectations of the Housing Guidelines by providing extra amenities to off -set the sub -grade nature of the units by meeting as many of the conditions described below as possible: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more window area than Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 5 of 18 the Building Code requires. c. Net livable unit sizes exceed minimum requirement. d. Unit amenities, such as access to outdoor space or private patios. Table 2: Garden Level Affordable Housing Units Square Feet Net Livable Total amount of unit # of Area % Size type bedrooms Reduction Difference natural light Private Patio Proposed Required (sq. ft.) B studio 500 500 0% 0 70 Yes D 1 705 700 0% 5 98 No (faces outdoor communal patio) F 2 851 950 10% (99) 146 Yes G 3 1,110 1.200 8% (90) 170 Yes H 2 851 950 10% (99) 181 Yes Table 2 above describes the 5 units on the garden level that are about 3 feet below grade.' The below grade units are compatible with the architecture of the neighborhood, which is a mix of building types. In addition the sunken garden level allows the project to achieve a specific density and meet height requirements by dropping the units 3 feet below grade. The main reason for the standard that 50% of a unit's net livable is above grade is to avoid dungeon residences with very little natural light and air. Placing the units 3 feet below grade and adding private walk -out patios creates a personal niche for the resident. Furthermore, the project site is located at the base of Smuggler Mountain and as such is sloped with a significant bench between the two subject properties. In Staff's opinion, the sunken garden level is an appropriate response to the change in topography. The applicant proposes large windows in each unit with 9' interior floor to ceiling heights, and extra storage above the assigned parking spaces for each unit. In addition to personal storage above each parking space, a bike storage area is proposed in the garage. 3 of the 5 units are below the minimum size requirement; however the 3 substandard units all have private outdoor patios which add to the livability of the units. Staff finds that the proposed garden level units meet the criteria and recommends that City Council grants a variation of the amount that the units' net livable area is below grade. Provide more information about the livability of the housing units. Response: Staff recognizes the community demand and the Aspen Pitkin County Housing Authority's goal to develop affordable housing within the City limits of Aspen; however staff does not interpret the housing goals as maximizing the quantity of affordable housing units on a site but rather finding a balance between quantity and quality units for a positive livable experience. As stated in the AACP, "housing policy should emphasize the development of neighborhoods and community not just units." The applicant has been very responsive to concerns about the affordable housing units by adding walk -out patios to the garden level units (4 of the 5). In addition the applicant has repeatedly revised the outdoor communal space with The free market building has a similar sunken garden level to the affordable housing building. Aspen Walk -404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 6 of 18 landscaping, tables and a grill during the Planning and Zoning Commission public hearings to address concerns that staff raised about the usability of the space, all of which are great improvements. Staff is concerned about the livability of the above grade affordable housing units (levels 2 and 3) and has identified the addition of private balconies as a possible solution. 9 of the 17 units are substandard in size, and 6 of the substandard units do not have private balconies (3 substandard units are on the garden level), as illustrated in Table 3. Table 3: Net Livable Square Footage for Affordable Housing Units at Cats. 3 and 4. # of # of Square Feet Net Livable Area unit type Difference units bedrooms Proposed Required Reduction A 2 studio 500 500 0% 0 B 3 studio 500 500 0% 0 C 2 1 600 700 14% (100) D 3 1 705 700 0% 5 E 2 2 857 950 10% (93) F 3 2 851 950 10% (99) G 1 3 1,110 1,200 8% (90) H 1 2 851 950 10% (99) 5974 total sq. 6450 total sq. 25 17 units bedrooms ft. net livable ft. net livable proposed required Livability is a difficult term to define because it oftentimes means something different to each person. In 2009 the City held "clicker sessions" to inform the Aspen Area Community Plan (AACP). The two questions below address affordable housing. In Question 18 the highest percentage of people felt that basic amenities, building construction and building materials contributed to quality affordable housing. Question 19 identified quality affordable housing units as important rather than the quantity of employees housed. While the two survey questions do not directly address the Staff suggestion of balconies, they do stress the importance of quality units and basic amenities. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 7 of 18 Table 4: Results from the 2009 clicker sessions for the AACP Question 18.) In terms of affordable housing, what does "quality" mean to you? (Select up to three) Responses (percent) (count) Energy efficient appliances 12.18% 136 Units with more living space than the 10.30% 115 average affordable housing unit Attractive exterior design 9.40% 105 High quality interior finishes 5.01% 56 Basic amenities, such as storage 18.89% 211 Place to park my car 9.85% 110 Not hearing my neighbor sneeze 18.26% 204 Durable Materials 16.11% 180 1 Totals 100% 1117 Question 19.) Which of the following statements do you agree with the most, regarding future affordable housing development? (Select one) Responses (percent) (count) We should spend the money needed to design quality units. 64.33% 257 We should spend the money to house as many people as possible. 35.68% 143 1 Totals 100% 400 In addition Staff recommends balconies based on past experience: over the past year, Community Development has processed two PUD amendments to add balconies to the Little Ajax affordable housing project on Hopkins Avenue and has issued pre- application summaries for the addition of balconies at the Water Place affordable housing project. The Planning and Zoning Commission did not support staff's suggestion that all of the housing units have balconies. The Commission focused the discussion on creating private outdoor space for the sub -grade units. CONCEPTUAL PUD APPROVAL: Resolution No. 74 (Series of 2008) granted Conceptual Planned Unit Development (PUD) approval for Aspen Walk on October 27, 2008 (Exhibit I). Council extended the Conceptual approval for one year to October 28, 2010 via Resolution No. 84 (Series of 2009). The Conceptual approval is for the proposed redevelopment of 404 Park Avenue (owned by PFG Aspen Walk, LLC) and 414 Park Circle (owned by the Aspen/Pitkin County Housing Authority) as a single development consisting of 18 affordable housing units and 14 market rate residential units. The following standards were included in Resolution No. 74, Section 1.A (the entire Resolution is included in the application) as conditions of submitting a Final PUD application: Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 8 of 18 1. Maximum Allowable Floor Area shall be no greater than 40,968 sq. ft. or a Floor Area Ratio of 1.28:1. 2. The Maximum Allowable Height shall be no greater than 32 (excepting elevator shafts) feet as outlined in the application. 3. The Minimum Off - Street Parking standards for the affordable housing units shall be 23 spaces for the 18 affordable housing units and the Applicants will provide two electric vehicles for the use of the residents of the affordable housing. 4. Provision of affordable housing shall provide 100% replacement (Subsection 26.470.070.5.1.a) for the existing free market units. Additional affordable housing associated with the project beyond the eighteen affordable housing units proposed on -site may be provided off -site. The existing affordable housing units to be demolished have been determined to house 17.5 employees. CHANGES FROM CONCEPTUAL PUD APPROVAL: As stated in the Land Use Code, "approval of a conceptual development plan shall only authorize and applicant to submit an application or a final PUD development plan in accordance with the City Council Resolution granting conceptual PUD approval." The applicant has submitted a Final PUD plan that is in substantial compliance with the Conceptual PUD Resolution. Changes from the dimensional standards listed in the conceptual approval are the following: 1.) the number of affordable housing units was dropped from 18 to 17 units to meet multi - family replacement requirements regarding number of bedrooms, 2.) the proposed FAR was reduced to 1.25:1, 3.) the electric cars were omitted from the proposal at the request of the Planning and Zoning Commission in that they reduced available parking spaces, and 4.) an additional parking space was added for the affordable housing units for a total of 24 spaces allotted to the affordable housing and 29 spaces allotted to the free market residential. PLANNING AND ZONING COMMISSION APPROVALS AND RECOMMENDATIONS: After four public hearings, the Planning and Zoning Commission granted Growth Management approval for the development of affordable housing, 100% multi - family replacement, and the replacement of demolished affordable housing and also granted variances from the Residential Design Standards regarding first story elements and street oriented entrances. The Commission voted four to two to recommend approval of Final PUD and Subdivision to Council with the following conditions (staff responses are in italics): 1. Eliminate the rooftop deck to minimize the height of the building and impacts of the project on the neighborhood. 2. Relocate the subgrade garage ventilation away from the Midland Park open space. The applicant has moved the garage ventilation to vent out of the roof. 3. Add private patios for the partially subgrade affordable housing units to increase livability. The applicant has added patios to 4 of the 5 subgrade units. 4. Address guest parking for the project that does not include on street parking spaces and restudy the allocation of parking spaces to provide less parking to the Free Market Residential units and more parking to the Affordable Housing units. The applicant included a parking garage study and proposed allocation of spaces in the application provided at first reading. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 9 of 18 5. Landscape plan LA 1.0 is recommended with the condition that the applicant work with Midland Park Association to ensure proper shielding between the two properties. The applicant agrees to this condition. 6. Stairwells shall not have windows and shall not emit light. The applicant agrees to this condition. The Planning and Zoning Commission expressed concern about the proposed rooftop deck and the impact of the associated stairway towers and elevator shafts on the mass of the building, and as such recommends that the rooftop deck be eliminated from the project. Based on comments from Midland Park residents, the Commission recommends that landscape buffering between Aspen Walk and the Midland Park open space be included in the proposal in addition to ensuring that the proposed stairwells facing Midland Park (east elevation) do not emit light. Planning and Zoning discussed parking extensively during the public hearings and remained concerned with the allocation of parking between the affordable housing and free market residential units as stated in condition number 4 above. PROJECT SUMMARY: The Applicants, Aspen Walk, LLC and the Aspen Pitkin County Housing Authority (APCHA) have requested approval to demolish existing buildings located at 404 Park Avenue (Lot 3, Sunny Park Subdivision) and 414 Park Circle (Lot 5, Sunny Park Subdivision). 404 Park Avenue is a 17,550 sq. ft. lot that contains 14 free - market residential multi- family dwelling units in one building. 414 Park Circle is a 15,224 sq. ft. lot containing 11 deed restricted residential multi- family affordable housing units in one building. Combined both lots contain 32,774 square feet of land, 17,665 sq. ft. of floor area and 25 dwelling units. The Applicants would like to merge the two lots and redevelop the newly created lot with two new multi - family buildings and a shared sub -grade garage, accessed by ramp off of Park Circle, to service both buildings. 14 free - market residential multi - family units are proposed in one building and 17 deed restricted multi - family affordable housing units are proposed in the second building. The affordable housing units are proposed to be a mix of Category 3 and Category 4 for sale units. The free market and the affordable housing units are proposed to have separate Homeowner's Associations. A total of 31 units are proposed for the Aspen Walk project, which represents an increase of 6 units from the existing density. The properties are located in the Residential Multi - Family (R/MF) zone district with a PUD Overlay. The site is sloped with a distinct upper and lower bench demarcated by an existing retaining wall between the two lots. The free market residential building is proposed to contain a total of 31,158 square feet of net livable area and the affordable housing building is proposed to contain a total of 12,032 square feet of net livable area. A portion of the garden level of both proposed buildings is sub - grade, as illustrated in the building section labeled Figure 1. The proposed configuration for each building is below in Table 5: Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 10 of 18 Table 5: Proposed configurations for each building per floor. f ee Market uild 4 " ', '_: or Floiusing-B err , r , Basement 24 for the affordable housing 29 spaces for the free - market residential units garage units (including 4 stacked spaces) 5 units: Garden 5 units: 1@ studio (pa 4@ 3 bedroom 1@ 1 bedroom sub -grad 1@ 4 bedroom 2@ 2 bedroom 7- 1 @ 3 bedroom 5 units: 6 units: �v 1 v tt 4@ 3 bedroom 2@ studio 1 @ 4 bedroom 2@ 1 bedroom 2@ 2 bedroom 4 units: 6 units: 2@ studio II re r 2@ 3 bedroom 2@ 1 bedroom 2@ 4 bedroom 2@ 2 bedroom 'Rooftop t Access to rooftop patio No access to rooftop Total numbe - 14 units 17 units oft1� x a, z Total= Ot .a,. 31,158 sq. ft. 12,032 sq. ft. ne � Dimensional Requirements: The proposed dimensional requirements are noted below in Table 6. The proposal meets the underlying RMF zone district with the exception of height. Table 6: RMF zone district com•ared to .ro.osed final PUD dimensional requirements Asia d t za(tn - d tC .. °` t R 'anal mini '. sizei` 6000 sq. ft. 32,774 sq. ft. m n apum to area no requirement for n/a fling unit i multifamily utextmum allowable 31 units in total 14 free market residential 17 affordable density units housing units w! J S2 m nimum w o n 4 e 60 ft. as per PUD plat minimum v ejy =' 5 ft. 5 ft. umernate 3.33 ft. 5 ft. front yard` setback 2 Bedroom count for the free market residential units are to be verified at building permit. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 11 of 18 u4 am si 5 ft. 5 ft. m 5 ft. 5 ft. x z. 41 ft. 11 in. height variation at the NW corner of maa imrtm height 32 ft. the affordable housing building. 32 ft. or less for the rest of the buildings. minimum tllstance no regm't for multifamily n/a itiebwiteh. Awn ; (building and fire codes apply) - n/a n/a open s 4 qu z . allawa N ' +" ' 1.25:1 1.25:1 or 40,967.5 sq. ft. An existing deficit of parking a may be maintained. 27 spaces 53 spaces mtii;mum ,�e °1� .a 29 spaces for free market residential units; and - -. ; are required. A detailed 24 spaces (including 4 stacked) for the affordable explanat is included in the parking section of this memo.' housing units Height: The project requires a variance for the height of the affordable housing building. Height is measured from the more restrictive grade, which for the affordable housing building on the northeast facade is the bottom of the parking ramp as shown with the red arrow in Figure 1 below. The proposed height of the affordable housing building is 41'11" which is 9'11" over the required 32' height limit in the RMF zone district. The remainder of the building complies with height requirements. Figure 1: Building Section and height measurement of the affordable housing building Es •►w 17rs rs -� �1 �■le m.w. 41'11 ■i - - ! 111 1111. -_ Li II n011111 r POI 4t, 7'u 7'7'7= =i 'i BUILDING SECTION 1 Affordable Housing Parking Free Market Residential Building Building ramp 3 The Land Use Code requires the lesser of 1 space per bedroom or 2 spaces per unit for properties outside the Aspen 1011 area. If there was no existing deficit, the parking requirement would be the following - 52 required spaces: 28 spaces for free market residential units and 24 spaces for affordable housing units. 4 The Land Use Code does not count stacked spaces individually for multi - family development; therefore 49 parking spaces are technically provided on the site: 20 spaces for the ah units, and 29 spaces for the free market units. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 12 of 18 The applicant has elected to have the project reviewed in accordance with the amended Calculations and Measurements Section of the Land Use Code that permits elevators that are 15' setback from the front facade of the building to exceed the height limit by 10' as long as footprint of the elevator is minimized. As such, the elevators and stairway access to the rooftop deck of the free market residential building meet height requirements. The applicant responded to the Planning and Zoning Commission's concerns about height, mass and bulk of the building by reducing the number of elevators with access to the roof top deck from 3 elevators to 1 elevator. The Commission recommends that Council require the roof top deck be removed from the project to reduce the mass of the building. Parking: The current parking condition at 404 and 414 Park includes haphazard parking in the right -of- way with some head in onsite parking. The proposal cleans up the parking situation by constructing a subgrade parking garage to accommodate all of the parking onsite. An existing deficit is allowed to be maintained when a property is redeveloped; however, this deficit is only for the previously existing number of units and any new units are required to meet the off - street parking standards unless granted a variation in the requirement. In a PUD, the minimum off - street parking requirement is established as part of the Final PUD. A total of 27 off - street spaces are required by Code if the applicant elects to maintain the existing deficit of parking. The Applicant proposes 53 onsite parking spaces (including 4 stacked spaces) that are allocated between the free market (29 spaces) and affordable housing units (24 spaces including 4 stacked spaces). The application meets the parking requirement. During Conceptual PUD Review, Council mentioned parking allocation as an issue to discuss during Final Review. The Planning and Zoning Commission voiced concern over the allocation of the parking spaces between the free market residential units and the affordable housing units, and the lack of designated parking for guests and service vehicles. In response to the Planning and Zoning Commission's concerns about guest parking for the units, the applicant proposed 6 on- street parallel parking spaces. The Engineering Department found that adding parking on Park Avenue conflicts with future right of way (ROW) improvements in that area, in addition to limiting the City's ability to plow snow in the area. The proposed parking in the ROW is not included in the proposal, rather the applicant has designated 2 guests spaces for the free market units and 2 guest spaces for the affordable housing units in the garage. Affordable Housing: The project includes demolition of deed restricted housing (414 Park Avenue) and free market multi - family housing (404 Park Circle) which each require different affordable housing mitigation. The applicant, pursuant to Conceptual PUD approval, elected to meet the 100% multifamily replacement requirement that requires replacement at a minimum of the number of units, bedrooms and net livable area of the demolished free market multi - family building. The Planning and Zoning Commission found this requirement met with the development of 17 affordable housing units onsite. Demolition of deed restricted multi - family affordable housing units 9 Ordinance No. 27, Series of 2010 was approved by City Council on January 11, 2011. It amended Section 26.575.020 Miscellaneous Supplemental Regulations of the Land Use Code. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 13 of 18 requires the replacement of the number of employees housed. The Planning and Zoning Commission approved mitigation through affordable housing credits equivalent to 17.5 full time equivalents (FTEs). Currently, no affordable housing credits exist in the City; however there is 1 approved project that is under construction and 2 projects in the pipeline. To mitigate a potential delay in applying for building permit, the language in Section 6 of the draft Ordinance permits the applicant to submit cash in lieu in the form of a letter of credit or bond in the amount equivalent to the cash in lieu listed in the APCHA Guidelines for 17.5 FTEs at Category 1 (the category of the existing units at 414 Park) prior to the issuance of a demolition permit for the project. The cash in lieu is not a permanent form of mitigation for this project. Affordable Housing credits are required to be submitted prior to a certificate of occupancy for the free market residential units. Any change to the type of mitigation provided for the demolished affordable housing units (i.e. affordable housing credits) requires review pursuant to Chapter 26.470, Growth Management Quota System, of the Aspen Municipal Code. Vesting: The applicant is requesting a five (5) year vesting period. State Law, as well as the Land Use Code (LUC) allows for a three (3) year vesting period. The applicant is requesting a longer vesting period because of the uncertainty of the national economy. The applicant's summary of the request is attached as Exhibit L. Previous vested right extensions granted by Council are in Table 7 below: Table 7: Vested Right extensions from 2009 to date. Number of years extended over Year and Resolution # Address/ Project Name the State and LUC mandated 3 years 2009 (reso. 16) 920 W. Hallam St. 3 2009 (reso. 22B) Lot 1, Boomerang Subdivision 5 2009 (reso. 37) Hannah Dustin Building 2 2009 (reso. 42) Jerome Professional Building 4 2009 (reso. 58) Boomerang 3 2009 (reso. 96) South Aspen Street 2 2010 (reso. 17) Jewish Community Center 3 2010 (reso. 78) Dancin. Bear 3 2010 (reso. 88) 507 Gillespie St. 3 2010 (reso. 92) 604 W. Main St. 3 2010 (ord. 2) Aspen Club 2 2011 (reso. 15) 110 East Bleeker St. 3 6 2 year extension for the townhomes is valid after either the COWOP plan is approved, not approved or withdrawn. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 14 of 18 STAFF COMMENTS: PLANNED UNIT DEVELOPMENT: The intention of Conceptual Review is to discuss the initial threshold issues relating to a large development proposal, and to evaluate the suitability of a development project on a particular parcel of land. Review boards identify areas of concern that need to be specifically addressed during Final Review. The project was heard by the Planning and Zoning Commission twice and the City Council six times before Conceptual PUD approval was granted. Density, affordable housing mitigation, height, floor area, ownership and parking were the main issues identified, many of which were included as conditions of Conceptual approval in Resolution No. 74 (Exhibit I). Staff recognizes the discussion and subsequent improvements to the project made during Conceptual review and does not find it appropriate to re- discuss the proposed density, site plan, floor area, overall number of off - street parking spaces, and configuration of 2 separate buildings above grade. Architectural details and elements are appropriate discussion points for Final PUD Review in addition to parking allocation and the livability of the affordable housing units which were raised as concerns by City Council to be addressed during Final Review. Both lots currently have a PUD overlay on them. The purpose of a PUD, as noted in the Land Use Code "is to encourage flexibility and innovation in the development of land which: A. Promotes the purposes, goals, and objectives of the Aspen Area Community Plan. B. Achieves a more desirable development pattern, a higher quality design and site planning, a greater variety in the type and character of the development, and a greater compatibility with existing and future land uses than would be possible through the strict application of the underlying zone district provisions. C. Preserves natural and man -made features of historic, cultural, or scenic value. D. Promotes more efficient use of land, public facilities, and governmental services. E. Incorporates an appropriate level of public input to the planning process to ensure sensitivity to neighborhood and community goals and objectives." 1.) Height. The Applicants are requesting to vary the allowable height limit in the northeast section of the affordable housing building. The height of the north elevation of the affordable housing building is measured from finished grade of the parking ramp, which explains why that portion of the building is over the 32' height limit. Staff finds the height variance request for the affordable housing building to be an appropriate trade -off to providing off - street subgrade parking. With the exception of height, the project meets the dimensional requirements for the underlying RMF zone district. 2.) Architecture. Final PUD review addresses specific criteria regarding site design and architectural character. Visual interest, engagement of pedestrian movement, compatibility with the neighborhood and representations of the intended use are some of the criteria for Final PUD review. Throughout the four hearings at the Planning and Zoning Commission the applicant has continually revised the architecture, including a complete redesign of the architectural style, to address concerns raised by Staff and the Commission regarding context, mass and pedestrian scale. Staff finds that all of the changes are moving the project in the right Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 15 of 18 Vesting provides an Applicant a timeframe in which the Applicant can rely on the approvals granted in a site specific development plan. It allows the Applicant to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan. Once vested, a development plan shall not be required to be amended as a result of "any zoning or land use action by the city or by an initiated measure" during the vesting period. If the vested rights expire, the project will be subject to any new regulations that may impact the approval granted. The Land Use Code provides for a three year vesting period and a variation from that period is at the sole discretion of the City Council. The City has a process for extending or reinstating vested rights (Section 26.308.101 C., Extension or Reinstatement of Vested Rights). The Applicant prefers to request five years of vesting now, rather than request an extension or reinstatement in the future. Staff recommends that the Jive year vesting period be granted at this time based on economic conditions and past precedent (as shown in Table 7). REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Water/Utilities Department, Aspen Sanitation District, Parking Department, Transportation Department, Building Department, Housing Department, Environmental Health Department and the Parks Department have all reviewed the proposed application and applicable requirements have been included as conditions of approval when appropriate. DRC comments are included as Exhibit D. RECOMMENDATION: Staff recognizes the benefit that affordable housing provides to the community and the benefit APCHA sees in gaining new (both in construction and inventory) affordable housing units; however, development projects need to be sensitive to the scale and character of the neighborhood where they are located. Staff recommends that the applicant address the following unresolved issues during second reading: • Improve the livability and quality of the Affordable Housing units by adding balconies to all of the units. • Provide more one story elements to reduce the perceived mass of the building and to bring the project into closer compliance with the PUD criteria related to architectural character and site design and the AACP Design Quality chapter. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Ordinance No] q, Series of 2011, approving with conditions Subdivision, Final PUD approval and a five years vesting period on second reading." CITY MANAGER COMMENTS: Attachments: EXHIBIT A — Final PUD Review Criteria, Staff Findings [provided in June 13, 2011 packet]. EXHIBIT B — Subdivision Review Criteria, Staff Findings [provided in June 13, 2011 packet]. Aspen Walk — 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 17 of 18 direction for the neighborhood and recommends that the applicant continue to focus on using architectural elements to reduce the perceived mass of the building. Staff recommends that the applicant continue work on the architecture to meet the PUD criterion for Architectural Character - "be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources" by adding more first story elements (i.e. front porches without usable space above) to the front fagade to define all of the entryways. For example, adding front porches as one story elements will create an appropriate relationship with the pedestrian and neighborhood character, it will break up the perceived mass of the building, and it will accurately represent the intended residential use. ° e ' iY 4 e. 11114 x Affordable _y -_ =,mi -- ..t Housing _ Building �"" Free Market Residential Building t Figure 2: Proposed architecture looking at the corner of Park Avenue and Park Circle. Staff recommends that the applicant improve the quality and livability of the affordable housing units and continue to develop the architectural details and materials to reduce the perceived mass of the building and better relate to pedestrian scale and neighborhood context. SUBDIVISION: The application proposes to combine Lot 3 and Lot 5 of the Sunny Park Subdivision into 1 lot, renamed Lot 1 of the Aspen Walk Subdivision, and to redevelop the lot with 2 new buildings and I large sub -grade parking area, as outlined above. Staffftnds that the Subdivision criteria are met, as outlined in Exhibit B. VESTED PROPERTY RIGHTS: The Applicant is requesting a vested property right for the proposed development plan for a period of five (5) years rather than the standard three (3) year period. The Applicant is requesting the longer vesting period "to allow them to navigate the dramatically different economic climate which has made securing funding difficult for multi - family residential projects." Aspen Walk — 404 Park Ave. & 414 Park Cir City Council — Second Reading Memo 7/25/2011 Page 16 of 18 EXHIBIT C— Affordable Housing Unit Variance Criteria, Staff Findings [provided in June 13, 2011 packet]. EXHIBIT D - DRC Comments [provided in June 13, 2011 packet]. EXHIBIT E- Background history of the project submitted by the applicant to the Bankruptcy Court on May 10, 2011. [provided in June 13, 2011 packet]. EXHIBIT F - Planning and Zoning Commission Resolution No. 8, Series of 2011, recommending Final PUD and Subdivision approval to City Council [provided in June 13, 2011 packet]. EXHIBIT G - Planning and Zoning Commission Resolution No. 9, Series of 2011, granting Growth Management approval and Residential Design Standard variances [provided in June 13, 2011 packet]. EXHIBIT H — Planning and Zoning Commission meeting minutes dated February 15, 2011; March 15, 2011, April 5, 2011 and May 3, 2011 [provided in June 13, 2011 packet]. EXHIBIT I - Council Resolution No. 74, Series of 2008, granting Conceptual PUD approval [provided in June 13, 2011 packet]. EXHIBIT J — Application [provided in June 13, 2011 packet]. EXHIBIT K - City Council meeting minutes dated October 27, 2008 regarding Conceptual PUD Review [provided on June 13, 2011]. EXHIBIT L — Supplemental information to the application, dated June 30, 2011. EXHIBIT M — Letter from Midland Park Condomium Association, dated June 28, 2011. [provided on July 11, 2011]. EXHIBIT N — Proof of Public Notice. [provided during the public hearing on July 11, 2011]. EXHIBIT 0 — Affordable Housing Unit Sales Activity dated 2005 to present provided by APCHA. EXHIBIT P — Memo from the City Attorney. EXHIBIT Q - Supplemental information to the application, dated July 18, 2011. * * * ** please contact Staff if you require additional copies of Exhibits A — N * * * ** Aspen Walk 404 Park Ave. & 414 Park Cir. City Council — Second Reading Memo 7/25/2011 Page 18 of 18 EXHIBIT A Planned Unit Development Final PUD Review Criteria Sec. 26.445.050. Review Criteria conceptual, final, consolidated and minor PUD. A development application for conceptual, final, consolidated, conceptual and final or minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with conceptual reviews and properties eligible for minor PUD review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application and its conformity to the standards and procedures of this Chapter and this Title. Chapter 26.445.050 Review Standards: Final PUD A development application for Final PUD shall comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Findings: Staff believes that a number of the goals in the Aspen Area Community Plan (AACP) are met, but that the Applicant does not go far enough in meeting some elements of the AACP. The proposed development contributes to the overall goals of the comprehensive plan by locating development within the Urban Growth Boundary, improves transit options by installing sidewalks, is located near public transit, and adds affordable housing units to the City's inventory; however, a deeper review of the AACP notes a philosophy that, at this time, the project does not achieve. Specific elements of the AACP (in italics) and staff's response to the project's compliance is noted below. Managing Growth Chapter: • "Contain development with the creation of the Aspen Community Growth Boundary... to ensure development is contained and sprawl is minimized." (Goal D, pg 18) • "Foster a well- balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." (Goal E, pg 19) Staff finds that the proposed project is located within the Aspen Community Growth Boundary. The location in the Park Avenue/ Park Circle neighborhood at the base of Smuggler Mountain encourages pedestrian friendly lifestyles and public transportation. The proposed mix of both affordable housing and free market residential units meets the goals of the managing growth section by promoting economic diversity and integrating people from different backgrounds. Exhibit A — Final PUD Review Criteria Page 1 of 12 Transportation Chapter: • "The community seeks to provide a balanced, integrated transportation system for residents, visitors, and commuters that reduced congestion and air pollution. Walking, Bicycling and transit use is promoted to help us reach that goal." (Intent, pg 21) • "Maintain and improve the appeal of bicycling and walking...by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals, where appropriate..." (Goal C, pg 22) • "Consider other innovative transportation modes." (Goal L, pg 23) The applicant proposes to construct sidewalks along Park Avenue and is working with the Engineering Department to potentially contribute money to upgrade to the Park Circle /Park Avenue intersection. A bicycle storage area is proposed in the subgrade parking garage and the project is located near a RFTA stop. The project is required to pay Transportation Demand Management (TDM) fees and as such, does not propose a TDM plan at this time. A traffic study is included in the application. Overall, Staff finds that the project is consistent with the Transportation goals in the AACP. Housing: • "Create an affordable housing environment that is appropriately scaled and distributed throughout existing and new neighborhoods... " (Intent, pg 25) • "Housing should be compatible with the scale and character of the community and should emphasize quality construction and design even though that emphasis necessarily increases costs and lessens production." (Philosophy, pg 25) • "Consideration should be given to minimize the development footprint of all affordable housing projects without compromising the appropriate density or the livability of the project." (Policies, pg 26) • "The public and private sectors should work together to ensure success in providing affordable housing." (Goal C, pg 27) Staff finds that the proposal is consistent with the Housing Policy to minimize the development footprint of all affordable housing projects without compromising the appropriate density. However, Staff is concerned about the quality and livability of the proposed affordable housing unit design and the overall affordable housing experience. There is a discrepancy between the free market residences and the affordable housing residences. For example, the affordable housing units do not have balconies (some of the units are designed with balconettes which is essentially a railing across a window) nor do the housing units have rooftop access while the free market residences have both. The applicant revised the design of the garden level affordable housing units to incorporate private patios for 4 of the 5 units. The affordable housing residents have access to a small patio located in the northeast comer of the lot above the entrance ramp to the parking garage. Staff recommends that the applicant add balconies to the affordable housing units to increase the livability and affordable housing experience. Exhibit A — Final PUD Review Criteria Page 2 of 12 Design Qualitv • "We favor diversity tempered by context, sometimes historical, sometimes not, as opposed to arbitrariness. 'Context' refers first to region, then town, neighborhood, and finally the natural and manmade features joining a particular development site. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Contextual appropriateness transcends 'style' alone." (Philosophy, pg 42) • "We wish to encourage creativity that results in design solutions that are fresh and innovative, yet are net additions to the built environment by being contextually appropriate and harmonious without being copies of that which already exists." (Philosophy, pg 43) The Park Avenue neighborhood represents a diverse mix of architectural styles. In response to the Planning and Zoning Commission and staff comments the architects redesigned the proposed buildings from heavy timber and stone buildings (similar to the rendering presented during Conceptual PUD review) to a more contemporary style with lighter materials. The redesign and lighter materials contribute to the neighborhood context, however the proposed vertical elements (i.e. three story stacked balconies and third story roof overhang) increase the perceived height and scale of the building. The applicant has responded to Staff concerns that the proposed buildings lack architectural features (i.e. one story elements, creating a pedestrian relationship with front porches, etc.) that reduce the perceived scale of a building. A few street facing entrances and walkways were added to the design in an effort to meet these concerns. Staff recommends that the applicant create a better relationship between the buildings and the neighborhood by adding one story elements, front porches and prominent front doors for the multi - family units. 2. The proposed development shall be consistent with the character of the existing land uses in the surrounding area. Staff Finding: The existing land in the area is primarily residential: it is zoned Residential Multi- Family (RMF) around the proposed project and Medium Density Residential (R -6) to the south. Staff finds that the proposed multi - family project is consistent with the existing land uses. The majority of the proposed project complies with the underlying RMF zone district with the exception of height of the affordable housing building. Staff finds that this criterion is met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding: The future development of the surrounding areas will not be adversely affected by the proposed subdivision. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed Exhibit A — Final PUD Review Criteria Page 3 of 12 development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding: Staff finds that the proposed subdivision is in compliance with the applicable requirements of Title 26. B. Establishment of Dimensional Requirements The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. Staff Finding: The proposed project complies with the underlying Residential Multi - family (RMF) zone district in terms of FAR, density and setbacks. The proposed height requires variations from the underlying RMF zone district. The northeast facade of the affordable housing building measures 41 feet 11 inches, which does not comply with the 32 foot height requirement in the RMF zone district. The remainder of the project complies with height requirements. Staff finds that the height variation for the northeast elevation of the housing building is an appropriate trade -off to providing adequate subgrade off - street parking for the units. There are two aspects to the proposed parking on this property. The Code allows redevelopments to maintain an existing deficit of parking and as such the project exceeds the parking requirements. The second aspect of the parking discussion pertains to the allotments of the spaces between the free market and the affordable housing and was raised by Council as an issue for Final Review discussion. The Planning and Zoning Commission also voiced concern about the proposed allotment of parking and brought up concerns about guest parking. The applicant proposes the following dimensional requirements: Table 1: RMF zone district requirements compared to proposed PUD dimensional requirments t U nderl y in g ; LF Zone r _ , onalll are a s'. u Qi 6000 sq. ft. 32,774 sq. ft. minim u ,Itt r no requirement for nla per dweIL i1' multifamily maximum allowable 31 units in total density 14 free market residential 17 affordable units housing units minimum lot width 60 ft. as per PUD plat minimum front yard 5 ft. setback 5 ft. Exhibit A — Final PUD Review Criteria Page 4 of 12 minima ,t +Tt 3.33 ft. frun gr - y 5 ft. y ,j ,C.- - . .. 5 ft. se±t 5 ft. minimum reuntad 5 ft. sia 5ft. i te n/a as per PUD plat maximum heir - 32 ft. as per PUD plat no reqm't for multifamily m (building and fire codes n/a apply) minimum percent n/a n/a a o en s ce rred P P allow v ° " t 1.25:1 1.25:1 or 40,967.5 sq. ft. An existing deficit of 17 - parking may be maintained. 2 53 spaces: nE �4 # " ' 4° s are re A d 29 spaces for free market residential units; and etailed explanation is r included in the parking 24 spaces (including 4 tandem) ! section of the exhibit. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man -made hazards. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d. Existing and proposed man -made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Findings: The proposed dimensional requirements are appropriate and compatible with the surrounding area. The character of existing and expected future land uses is consistent with the proposed development. The applicant proposes to construct a sidewalk on the property to improve the pedestrian circulation on Park Avenue and Park Circle. The applicant submitted a traffic impact analysis that predicts a total of 20 to 25 more vehicles per day on Park Avenue. The Environmental Health and Transportation Departments raised questions about the traffic impact Exhibit A — Final PUD Review Criteria Page 5 of 12 analysis report, as mentioned in the DRC comments. The applicant agrees to pay the TDM/Air Quality fee pursuant to Land Use Code requirements. Staff finds this criterion to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Findings: Staff finds that the proposed dimensional requirements, in terms of quantity of open space and site coverage, are consistent with the surrounding area which features a mix of multifamily buildings and diverse architecture. Staff finds this criterion to be met. 3. The appropriate number of off - street parking spaces shall be established based on the following considerations: a. The probable number of cars used by those using the proposed development including any non - residential land uses. b. The varying time periods of use, whenever joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Findings: The project is located on a RFTA bus route and is reasonable walking distance from a bus stop (located at Centennial). The pedestrian/ biking bridge over the Roaring Fork River that connects Park Avenue to Hopkins Avenue is in close proximity and provides direct access to downtown. The Land Use Code requires 27 parking spaces be provided for this residential project which recognizes the ability for a redevelopment to maintain an existing deficit of parking. Not maintaining the existing deficit of parking, the project would be required to provide 52 parking spaces or the lesser of 1 space/bedroom or 2 spaces per unit. The project technically proposes 53 spaces that includes 4 stacked spaces for the affordable housing units (the Code counts stacked spaces as 1 space, so actually 49 spaces are proposed). The applicant appears to have maximized the number of spaces that could possibly fit in the proposed sub - grade garage. Staff finds that the proposed number of spaces exceeds the Code requirement and is appropriate for the proposed development. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if. a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced Exhibit A — Final PUD Review Criteria Page 6 of 12 a. The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6. The maximum allowable density with in a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the sites' physical constraints. Specifically, the maximum density of a PUD may be increased it: a. The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan or a specific area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c. The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Findings: Staff finds that the proposed density of Aspenwalk is consistent with the underlying RMF zone district. The proposed project is located on land and in an area that is already developed. As such, the infrastructure is sufficient for the proposed project and there are no natural hazards or critical natural site features that would warrant a reduction of the proposed density. Staff finds that the criteria above are met. C. Site Design 1. Existing natural or man -made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding: n/a. The existing buildings proposed for demolition are not local landmarks and there are no significant features of the site that provide visual interest or reference to the past. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Exhibit A — Final PUD Review Criteria Page 7 of 12 Staff Finding: The proposed project is not located in a designated viewplane. The applicant proposes two detached buildings to break up the mass of the project with a courtyard between the buildings. Staff finds that this criterion is met. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding: The lot is located on a peninsula with three street - facing sides: Park Avenue, Park Circle, and Midland Avenue, as shown below. The proposed buildings are appropriately oriented toward the street. The building provides a number of decks along the street to contribute towards visual interest; however, entry doors and walkways could be further developed to create a greater street presence. Adding one story elements to relate to pedestrian scale would contribute to visual interest of pedestrian movement better relate to the pedestrian experience. Staff finds that this criterion is not met. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding: Staff finds that this criterion is met. The Fire Marshal reviewed the proposal and included requirements for building permit in the DRC comments. 5. Adequate pedestrian and handicapped access if provided. Staff Finding: Staff understands that the applicant is revising the proposed floor plans to provide adequate handicapped access to the buildings to meet this criterion. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding: The applicant represents that the project is able to meet storm water drainage requirements, and is working with the Engineering Department to further develop the preliminary drainage analysis submitted with the application. 7. For non - residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding: n/a. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: Exhibit A — Final PUD Review Criteria Page 8 of 12 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding: The applicant included a proposed landscape plan in the application. The proposed planting and landscape is appropriate for the neighborhood and the proposed project. The Parks Department's comments on the proposed landscaping, tree removal and proposed street trees in the right of way are included in the DRC comments. Staff finds this criterion to be met. 2. Significant existing natural and man -made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. Staff Finding: n/a. No significant natural or man-made features have been identified on this site. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding: The applicant is working with the Parks Department to comply with this standard. Staff finds this criterion to be met. E. Architectural Character. 1. Be compatible with or enhance the visual character of the City, appropriately relate to existing and proposed architecture of the property, represent a character suitable for and indicative of the intended use and respect the scale and massing of nearby historical and cultural resources. Staff Finding: As mentioned previously, the applicant redesigned the building to better relate to the neighborhood and to more accurately reflect the multi - family residential use of the buildings, rather than a lodge use (large architectural features, minimal entrances, large scale). Staff finds that, with the addition of one story elements and prominent front doors to convey the multi- family use, the project is in compliance with this criterion. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade and vegetation and by use of non- or less- intensive mechanical systems. Staff Finding: The proposed buildings are oriented to the best extent practical for solar gain. Some of the free market residential units have balconies that will provide shade from the sun. The applicant does not specify the type of mechanical systems proposed for the project. The application mentions the possibility of solar arrays and/or green roof technology but these elements are not specified. Staff finds that the criterion is met with the orientation of the building. Staff encourages the applicant to look into providing balconies for the affordable housing units where possible and to continue to look at the possibility of green roof technology for this project. Exhibit A — Final PUD Review Criteria Page 9 of 12 3. Accommodate the storage and shedding of snow, ice and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding: Staff finds this criterion to be met. F. Lighting. 1. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. 2. All exterior lighting shall in compliance with the outdoor lighting standards unless otherwise approved and noted in the final PUD documents. Up- lighting of site features, buildings, landscape elements and lighting to call inordinate attention to the property is prohibited for residential development. Staff Findings: The application states that the project will comply with the lighting requirements listed in Section 26.575.150 of the Land Use Code. The applicant has committed to eliminate lights from the stair towers facing Midland Park (east elevation) and to provide landscape buffering between the project and Midland Park to address residents' concerns about light pollution. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Findings: There are no common parks proposed as part of this application. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified Exhibit A — Final PUD Review Criteria Page 10 of 12 financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: I. Adequate public infrastructure facilities exist to accommodate the development. Staff Findings: The project site is already developed and as such is already served by municipal water and sanitary sewers. Staff finds this criterion to be met. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. Staff Findings: The application includes a traffic impact analysis that determines a minimal impact on public streets. The applicant proposes to construct sidewalks and curb and gutter to meet Engineering standards. The Aspen Consolidated Sanitation District (ACSD) has indicated potential sanitary sewer capacity improvement may be necessary and the Engineering Department identified improvements to the Park Avenue /Park Circle intersection. The applicant agrees to pay a proportionate share of these necessary improvements. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Findings: The application states that it will comply with required Engineering, ACSD, and Utilities Standards. L Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding: The lot and associate structures are located on Park Circle and Park Avenue. There is adequate access to public streets, and a new sidewalk is proposed as part of this project to improve the current pedestrian way. Staff finds this criterion to be met. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. Staff Finding: The proposed location of the parking garage ramp is adequate and should not create traffic congestion. The application includes a traffic analysis for the proposed project that concludes a minimal impact on the surrounding roads. The Transportation Department raised Exhibit A — Final PUD Review Criteria Page 11 of 12 some concerns regarding assumptions in the study, but agrees that the applicant is paying the required TDM /Air Quality fee to mitigate for traffic impacts. Currently, the existing buildings have haphazard on- street, off - street parking arrangements that cause pedestrian and traffic issues. The applicant proposes a sub -grade parking garage to clean up the existing condition and to provide off - street parking for residents. Guest parking is allocated within the parking garage. Staff finds this criterion is met. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Staff Finding: The proposed development will not require any trail easements. Staff finds this criterion to be met 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Staff Finding: The Applicant has agreed to provide sidewalks along the property. There are no specific trails or paths that are required. Staff finds this criterion to be met. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. Staff Finding: There are no internal streets proposed as part of this PUD. Staff finds this criterion to be met. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding: There are no gates or guard posts proposed as part of this PUD. Staff finds this criterion to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criterion is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. Staff Finding: The development is proposed to be constructed in one phase. The applicant represents that all aspects of the project will be developed concurrently. Exhibit A — Final PUD Review Criteria Page 12 of 12 EXHIBIT B SUBDIVISION Chapter 26.480, SUBDIVISION Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General Requirements 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: Staff addresses these criteria in Exhibit A, PUD Review. Staff finds that the proposed development is consistent with the character of the existing land uses in the area and will not adversely affect the future development of the area. The proposed development requires affordable housing allotments, which are unlimited. The project requests GMQS review concurrent with final PUD review. B. Suitability of Land for Subdivision a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. Staff Finding: The proposed project is a scrape and replace. As such, Staff finds that the land is suitable for development and that this criterion is met. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: The proposed subdivision is located in a developed neighborhood where utilities and public facilities already exist. The applicant represents that utility extension are not be required. Staff finds that this criterion is met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: Exhibit B — Subdivision Review Criteria Page 1 of 2 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall speck each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: The applicant represents that this standard is met and does not request any variations. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: The Planning and Zoning Commission found that the application met affordable housing mitigation requirements and granted growth management approval via Resolution Numbered 9, Series of 2011. The applicant proposes to mitigate on -site with 17 affordable housing units and off -site through purchase of housing credits. Staff finds that this criterion is met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding: The applicant agrees to comply with the School Land Dedication Standards in Chapter 26.630. Staff finds this criterion is met. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH -PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44 -2001, § 2) Staff Finding: The proposed project only requires growth management allotments for affordable housing units, which is unlimited. The project requires growth management approval for multi - family replacement for the demolition of both free market residential units and affordable housing units, and approval for the development of affordable housing units. The Planning and Zoning Commission granted Growth Management approval via Resolution Number 9, Series of 2011. Exhibit B — Subdivision Review Criteria Page 2 of 2 EXHIBIT C AFFORDABLE HOUSING Section 26.430.040.I. Affordable housing unit standards. Whenever a Special Review is conducted to reduce the required percentage that the finished floor level of the unit's net livable area is at or above natural or finished grade, whichever is higher, a recommendation from the Housing Board shall be obtained and all of the following criteria shall be met. The criteria below address only the affordable housing units that require a variation from the standard. 1. The proposed affordable housing units are designed in a manner that is compatible with the character of the neighborhood. 2. The proposed amount that the affordable housing units are below natural or finished grade, whichever is more restrictive, is an appropriate response to unique site constraints, such as topography. 3. The proposed affordable housing units are designed in a manner which exceeds the expectations of the Aspen Pitkin County Housing Authority Guidelines, and promotes the unit's general livability by demonstrating compliance with as many of the following conditions as possible: a. Significant storage, such as additional storage outside the unit. b. Above average natural light, such as adding more window area than the Building Code requires. c. Net livable unit sizes exceed minimum requirement. d. Unit amenities, such as access to outdoor space or private patios. Staff Response: The character of the immediate neighborhood can best be described as eclectic multi - family buildings. The project site is located at the base of Smuggler Mountain and as such is sloped with a significant bench between the two subject properties. The grade proposed subgrade spaces, which are about 3' below grade, seem to be an appropriate response to the topography. The proposed garden level affordable housing units have additional storage spaces in the parking garage located above the parking spaces. The window areas of the units are larger than required by Building Code and 4 of the 5 garden level units have private patios. 3 of the 5 garden level units are under the minimum size requirement.' Staff finds that the criteria are largely met and recommends that all of the subgrade affordable housing units have private patios. APCHA reduced the minimum size requirements for 9 out of the 17 affordable housing units. Exhibit C — Affordable Housing Unit Variance Page I of 1 4.11 e te) MEMORANDUM TO: Mayor and Council FROM : Steve Bossart, Jeff Pendarvis Capital Asset Project Managers THRU: Scott Miller, Capital Asset Director DATE: August 1, 2011 RE: Wheeler Opera House 2011 Remodel — Budget Authority and Contracts SUMMARY REQUEST: 1. Staff requests City Council's approval to increase overall budget authority by $665,000 from $2,230,000 to $2,895,000 for completion of the project. 2. Approval to issue a "Notice to Proceed" on Phase 2 of the Wheeler Renovation Contract with Aspen Construction Inc. (ACI). An increase of $322,526.37 for construction from $1,995,734 to $2,318,260.37. 3. Approval to increase Design Contract with the team of Mills + Schnoering. An increase of $105,500 for design and engineering from $211,100 to $316,600. 4. Approval of an increase for contingency and staff project management costs of $236,973.63 as part of the overall budget supplemental request. Revised Project Budget as of August 1, 2011 Budget Line Items May Budget Increase Current Budget Aspen Constructors 51,995,734.00 $322,526.37 52,318,260.37 Design & Engineering 5211,100.00 5105,500.00 $316,600.00 Other:ACI PreCon /Contingency /legal /testing/staff 523,166.00 $236,973.63 $260,139.63 total $2,230,000.00 $665,000.00 $2,895,000.00 EXECUTIVE SUMMARY Exposure of actual conditions, plus lease refinements directed by City Council, effectively changed the one original renovation project into three: • Original basement /restaurant /retail renovation. This part of the proiect is under budget. This is a direct result of the collaborative process as part of the Integrated Project Delivery (IPD) model. 1 • Lessee negotiations: additional design and engineering, range hood and duct, retail modification including mechanical, electrical and plumbing. • Replacements of the HVAC system for the Wheeler 2 " floor lobby/bar, 2 " and 3 "d floor back of house, not included in the original scope of work. While the new design and budget are greater than initially projected, the project provides the City with a much improved and more efficient operating system, while significantly reducing potential life safety and building safety hazards. Demolition work on the Wheeler first floor and basement began well ahead of schedule in early June, in order to better ensure that all spaces would be completed and open well in advance of the busy holiday schedule. Once demolition reached a point that existing conditions were revealed so that engineers and designers could finalizes scope and budget, all principals associated with this project quickly realized that there would be significantly more work required for the project, specifically related to design flaws and construction execution from the 1983 -84 renovation. Exposing and revealing the existing conditions in the building also clarified and confirmed that the HVAC system, which from this location serves the entire building (except the theater auditorium), was past its useful life and should be replaced. Additionally, the reconfiguration of the new kitchen requires a pathway for the ventilation system that necessitates removal of the existing HVAC system. This phase of demolition allowed the engineering and design work to be completed by our IPD team (FMG, R &B, REG, BE), then ACI and the subcontractors were able to finalize the budget. The total of the construction costs has been revised to $2,318,260.37. These scope clarifications along with additional concessions made to the tenants at Council's direction (vent hood), plus the need to replace the HVAC system that is past the end of its useful life have caused the need to increase the overall scope and budget of the project, and result in requested project budget authority of $2,895,000.00. Staff noted in the spring of 2011 that the budget had not been finalized. "The current budget is $2.23 million. The Preliminary budget is being developed by the team and may exceed $2.5 million, depending on direction from City Council. A scope change would require additional funding in the future to complete the project." - Spring 2011 carry forward request. The Wheeler Renovation Project may be considered as three separate projects: 1. The original project scope for basement and 1 floor remodel. 2. Tenant concessions identified during Council deliberation of lease terms. 3. HVAC system replacement needed due to deficiencies in the HVAC system serving the Wheeler 2 " floor lobby/bar, 2 and 3` floor back of house. 2 Staff recommends proceeding with all three aspects of this project as the most efficient and cost - effective approach. BACKGROUND • The Integrated Project Delivery Construction Manager /General Contractor (IPD CM/GC) approach used in this project has worked in early identification of serious age - related defects in the Wheeler's overall mechanical system, that were significant potential risks to the building and occupants. While this results in a current budget increase, it avoids periodic and continuing demolition, repair, and replacement of HVAC components for many years into the future. Further, this will have a very positive impact on energy usage at the Wheeler. We have started conversations with CORE, as this type of project is a viable candidate for REMP grant funding. • Projects are governed by three primary parameters — cost, scope, and time, all with an effect on quality. Time has been a key restraint in the Wheeler renovation with a specific start and target finish date. • The Phase 1 demolition portion is projected to come in with 10% savings, but the demolition of the mechanical mezzanine revealed unforeseen conditions in the mechanical systems from the 1984 remodel, and nearly three decades of wear, repair, and modification causing the IPD team to reevaluate its approach for building preservation, higher energy efficiency and safety • Once ACI was selected, they produced subcontractor -based cost information on what could best be estimated from assumptions and given limited ability for full exploration of existing conditions, acknowledging that the Wheeler is 122 years old and has undergone numerous system changes and alterations. Key findings by the MEP (Mechanical Electrical & Plumbing) engineer, REG (Resource Engineering Group) are briefly listed here: (see attached letter dated 7/19/2011) o All of the existing equipment located on the mezzanine level above the retail space was discovered to be at or beyond the end of its useful service life. o Multiple layers of retrofits and changes make the equipment nearly impossible to properly service. o Outside air pathway is undersized for effective operation — this resulted in back - drafting of kitchen smells into other areas and inadequate air for other ventilation units depending on operating hours — much of the ductwork had been abandoned and other airways were restricted with no access for inspection and maintenance (see photos). o No exhaust air pathway — the system relied on leaks in the building envelope itself — as improvements are made to floor systems and sound proofing, this approach would become more problematic. o Early in the design it was assumed to be possible to re -use existing 2 and third level equipment and ductwork in the mechanical loft (which serve the 2 floor lobby/ bar, hallways, and back of house areas (these areas were outside the outside the original scope of this project) — once demolition revealed its real condition and routing it was determined almost 3 impossible to re -use the equipment and ducting — to do so was deemed possibly even more costly. o Many of these issues are potential building and life safety issues as well as comfort and efficiency concerns. o The revised design layout increased system costs by roughly 5 %, and HVAC equipment costs by roughly 30% o The new design will run more efficiently: • The economizer will reduce operation of the roof mounted chiller which currently runs year round — lack of economizer capabilities in the current system caused the previous chiller to run year round, with high energy use and caused its premature failure and emergency replacement in May of this year • Variable fan speed will result in year -round energy savings • Variable control of each zone will allow for greater comfort with independently adjustable supply temperature, and better efficiency • The new equipment will provide a long and efficient lifespan versus continued patching, repairs, and near term replacement • Trane equipment was selected for the replacement chiller. The IPD team investigated other manufacturer options for this work scope. Some initial cost benefits were projected, but consistency of equipment and controls, plus future manufacturer conflict potential led us back to Trane. • Budget discrepancies, once identified, can be approached in two ways. One is to scale down the design approach, and the other is to increase the budget. • The team evaluated where some reductions might be taken. The design and finish of the basement space is intentionally spare but workable. There are no extravagances or areas for significant savings. • The original project evolved to incorporate two additional components; HVAC elements serving a significant portion of the greater Wheeler building, and refined improvements to tenant spaces. • Under the City's Integrated Project Delivery (IPD *) method, ACI was selected and contracted for preconstruction services in the amount of $10,700.00. During the pre -con period ACI offered alternative methods and suggestions on means, which reduced costs and successfully accelerated schedule performance. ( *The Integrated Project Delivery (IPD) approach is the end result of the 2009 Construction Experts /Citizen Task Force /Staff recommendations, where the constructor is selected through an early competitive bid process coinciding with conceptual design. Benefits are added value to the City through the professional contractor recommendations on methods and means, consequential cost reductions, and reduction in construction period change order. This delivery methodology recognizes the positive contributions of professional construction input and estimating early in design. This concept has been in use in various versions and descriptions for many years, and is a desirable approach in identifying problems, solutions, and alternative methods long before commencement of construction work. City of Aspen experience has proven this method valuable in reducing construction period changes and cost increases. This 4 selection process considered the contractor 's experience and capabilities, evaluated fee structure, all with the intent to roll the selected CM/GC directly into the construction contract) • Post ACI - contract the project team became aware of specifics related to various rental events already under contract with the Wheeler (Aspen Film, Aspen Music). The Asset Department and project management team respect the importance of these relationships and economic impacts on the City. There are potential consequential impacts that could extend completion of the project into the winter holiday season and could affect budget. These are not yet determined and we will work to avoid any such delays and increases. • The restaurant operator selection process caused a delay of several weeks, but the decision of the prior operator to vacate early allowed makeup schedule progress. The chosen restaurateur has been diligent in working to effectively make decisions and respect the project schedule. We are however at a critical crossroads in completing decisions that could affect the opening date of the restaurant itself in time for the December holiday period. The Wheeler office spaces are on schedule as currently projected. • On May 4, 2011 the City executed a contract with Aspen Construction Incorporated (ACI) for the remodel of the Wheeler Opera House basement, administrative, storage, and shop spaces; the former Bentley's restaurant, and Valley Fine Art. The AIA 195 Integrated Project Delivery (IPD) Contract was based on an estimate which contained a number of "allowance" (not fully priced) items. Because of those uncertainties and due to the necessity to start and keep the project on a very restricted schedule, Staff stipulated and issued a Notice to Proceed on Phase 1 demolition GMP scope of $278,568.48. • The IPD team (City of Aspen, Mills +Schnoering and Rowland +Broughton architects, and ACI) have proceeded in a timely fashion. We are pleased with the contractor's recommendations, the architects' designs, and the implementation. The Construction Management Plan for this difficult downtown project has been followed accurately, with little adverse effects on summer visitor activity, and with no reported complaints. • We added a small consulting service contract with Diane Travis AIA, of the Rocky Mountain Masonry Institute to view, analyze, and report on the overall masonry health of the Wheeler. Virtually all aspects of the building are in excellent shape. A few noticeable areas of moisture- caused efflorescence are in the SW basement (at the original restaurant steps and beyond). Externally, the sidewalk slopes back to the building in a few areas and the step assembly needs repairs. We intend to repair the restaurant entry steps and opening in the adjacent wall. Moisture barrier repairs in these areas could be delayed for a time without much negative effect, but we believe it prudent to investigate and present options to Council. We are asking for proposals for engineered moisture proofing solution and program. We will report to Council on these options separately. PREVIOUS COUNCIL ACTION: In January 2009, City Council directed Wheeler and Capital Asset staff to continue conceptual planning for a proposed addition to the historic theater. Farewell Mills Gatsch Architects LLC was contracted to produce preliminary designs based on programming needs determined by earlier research. At the December 7, 2009 meeting of City 5 Council, this work was suspended and Council directed Wheeler and City staff to conduct an updated comprehensive, third -party needs assessment at the earliest opportunity. In September 2010, Wheeler and Capital Asset staff and Webb Management Services delivered the final report on the needs assessment study. Council subsequently recommended that staff continue the evaluation of future alternate sites, but proceed immediately with design and planning of remodel work to the existing Wheeler basement office, shop, and storage spaces, and to the first floor restaurant and retail space. Council approved a continuation of the existing design team contract, and the addition of a CM /GC at Risk (Construction Manager /General Contractor) to the design and planning effort. An RFP for the CM/GC was issued. A number of candidates were reviewed for proposed fees and qualifications. Aspen Constructors Incorporated (ACI) was selected based on a combination of fees, experience in the downtown core, experience with core historical buildings, retail and restaurant work, and references. Since then, ACI has been an integral team member as design proceeded, providing the cost and time saving recommendations the IPD (Integrated Project Delivery) method intends. The Integrated Project Delivery (IPD) approach is the end result of the 2009 Construction Experts /Citizen Task Force /Staff recommendations, where the constructor is selected through an early competitive bid process coinciding with conceptual design. Benefits are added value to the City through the professional contractor recommendations on methods and means, consequential cost reductions, and reduction in construction period change orders. The CM/GC concept is similar to the Council and community recommended IPD (Integrated Project Delivery) program in that it recognizes the positive contributions of professional construction input and estimating early in design. This concept has been in use in various versions and descriptions for many years, and is a desirable approach in identifying problems, solutions, and alternative methods long before commencement of construction work. City of Aspen experience has proven this method valuable in reducing construction period changes and cost increases. The selection process considered the contractor's experience and capabilities, evaluated fee structure, with the intent to roll the selected CM /GC directly into the construction contract. DISCUSSION: ACI has worked with the design team at length, providing recommendations and methods to improve efficiency and costs. ACI together with the architects, Wheeler staff, and Asset staff, has provided its own extensive subcontractor review and competitive bid process. As a result we now have a strong owner /user /design/construction team ready to move forward in the permitting, and demolition. The target completion date for the work is late November 2011 to allow the tenants and the Wheeler staff time to move and open for the holidays. Aspen Constructors Incorporated was the unanimous selection by the evaluation team based on their approach, fee structure, Aspen core area experience, and historical buildings. Their efforts to date during the preconstruction design work and Phase 1 Demolition Phase have convinced us we made a good selection and we recommend execution of the next stage construction contract. 6 The contract format is the AIA A195 Owner Contractor Integrated Project Delivery Contact. We have worked with outside counsel as well as the City attorney in developing this procurement methodology, and have experienced superior results. FINANCIAL IMPLICATIONS: The preliminary budget for the renovation, including design, staff costs, and other expenses was $2.23 million. The final Guaranteed Maximum Price (GMP) is $2,318,260.37, reflecting completed design and mechanical decisions. The total revised budget for the project is now $2,895,000. Funding for the $665,000 supplemental budget request is available in the Wheeler Fund. RESOURCE IMPLICATIONS: Proceeding with the CM/GC IPD process and executing the proposed contract saves time and money by moving the competitive process to the front of the delivery process. It also adds the contractor/builder expertise in developing more efficient means and methods. Phasing the work scope in the proposed fashion allows work to commence and occupancy to occur as soon as possible. As noted in the earlier contract memo, postponement would increase alternate office rental expenses and eliminate rental revenues on the restaurant and retail spaces during most if not all of the 2011/2012 winter season. While the new design and budget is greater than initially projected, it provides the City with a much improved and more efficient HVAC operating system, while significantly reducing potential life safety and building safety hazards. RECOMMENDATION: Staff recommends approval of the AIA A195 Owner Contractor Integrated Project Delivery contract Change Order for the Wheeler CM /GC for the Phase 2 scope, approval of the Change Order for the Wheeler Design and Engineering Contract, and approval of the $665,000 overall supplemental budget request. ALTERNATIVES: The proposed CM/GC IPD project delivery approach is the only alternative to accomplishing the project goals on time. PROPOSED MOTION: I move to approve the proposed AIA A195 Owner Contractor Integrated Project Delivery contract Change Order with Aspen Constructors Inc. and to approve the $665,000 supplemental budget request. CITY MANAGER COMMENTS: Attachments: A- Copy of signed contract change order B- REG letter dated July 19, 2011 C- ACI photos — existing condition exposed during demolition D- ACI —Phase 2 Budget Study E- Mills Schnoering Budget breakdown F- Wheeler Opera House Fund (120) spreadsheet G- Internal expense tracking and summary by vendor 7 RESOLUTION # 5 3 (Series of 2011) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER FOR REMODEL WORK IN THE WHEELER OPERA HOUSE, BETWEEN THE CITY OF ASPEN AND ASPEN CONSTRUCTOR INC. AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract change order for remodel work in the Wheeler Opera House, between the City of Aspen and Aspen Constructors Inc., a true and accurate copy of which is attached hereto as Exhibit "A "; 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 that Contract Change Order for remodel work in the Wheeler Opera House, between the City of Aspen and Aspen Constructors Inc. 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 8 day of August 2011. 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, August 8, 2011. Kathryn S. Koch, City Clerk ,,„ ` =AI A Document G7OITM - 2001 4. Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 001 OWNER: El Wheeler Opera House 2011 Remodel DATE: August 8, 2011 ARCHITECT: LZ 320 East Hyman Avenue Aspen, Colorado 81611 CONTRACTOR: TO CONTRACTOR (Name and address): ARCHITECT'S PROJECT NUMBER: 21024 FIELD: ❑ Aspen Constructors, Inc. CONTRACT DATE: May 4, 2011 309 A.A.B.C., Unit G CONTRACT FOR: Integrated Project Delivery OTHER: ❑ Aspen, Colorado 81611 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Contractor shall construct the Project in accordance with the following revised Contract Documents: Wheeler Tenant Improvements - 21024 Construction Documents, revised 8 -3 -2011 The original Contract Sum was $ 1,995,734.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,995,734.00 The Contract Sum will be increased by this Change Order in the amount of $ 322,422.00 The new Contract Sum including this Change Order will be $ 2,318,156.00 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is December 1, 2011. NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Rowland + Broughton Aspen Constructors, Inc. City of Aspen ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 117 South Monarch Street 309 A.A.B.C., Unit G 130 South Galena Street As Colorado 81611 Aspen. Colorado 81611 Aspen, Colorado 81611 AD SS ADDS ADDRESS (Signature) BY (Signature) BY (Signature) Sarah Broughton, Principal Michael Tanguay, President Steve Barwick, City Manager (Typed name) (Typed name) (Typed name) August , 2011 August I , 2011 August , 2011 DATE DATE DATE AIA Document G701 TM — 2001. CopyrightO 1979, 1987, 2000 and 2001 by The An e: i::,'i Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible unc2.r :'.: `.v. This document was produced by AIA software at 15:14:49 on 07/29/2011 under Order No.2898613965_1 which expires on 04/11/2012, and is not for resale. User Notes: (1869510510) REGroup Resource Engineering Dana Ganssle Rowland + Broughton Architecture and Urban Design 970.544.9006 dana July 19, 2011 Re: Wheeler HVAC Systems Upgrades Dana: Per your request, I am writing to clarify HVAC system changes at the Wheeler Opera House (WOH) during the design process. The initial request for proposal from the City of Aspen outlined the scope of work for this design and construction effort as limited to the HVAC system serving the lower level and the first floor level except the ticket office. Early in the design the team collaboratively identified that the mechanical loft area above the main level presented a significant challenge. The outcome of this was that the team determined the mechanical systems in the entire mechanical loft should be removed and replaced with new equipment. I have outlined a few of the key elements that went in to the team's decision, as well as some of the key benefits below: • The WOH maintenance staff has (correctly in our opinion) identified that all of the equipment in this area is at or near the end of its useful service life. • Due to layers of system retrofits and changes over the long history of the building, much of this equipment is nearly impossible to properly service. • The outside air pathway for all of the air - handling equipment is a shared system. This outside air pathway is undersized for effective operation. This results in back - drafting of kitchen smells into other areas if the kitchen hood is not in operation. When the kitchen is in operation, the other units are starved for adequate ventilation air. • No exhaust air pathway exists. The system has relied upon the `leaky' fabric of the historic building envelope. As improvements (for example the new sound proofing between levels) are made to the structure this will not be effective and is not an appropriate design method. • Early in design we determined as a team that it would be a significantly better value to remove all air handling equipment and replace with new equipment. At that point in time we believed it was possible to reuse the second and third floor equipment, but impractical. As demolition progressed we have determined that would have been nearly impossible and almost certainly more costly to reuse the existing second and third level equipment and especially the ductwork in the mechanical loft. • This revised system layout has resulted in a roughly 5% increase in HVAC system cost, while expanding the HVAC equipment scope roughly 30 %. The economy here is accomplished because of the greater simplicity of installing all new equipment and organized ductwork system. At this point the air - handlers serving all areas of the building except the performance hall will have been replaced with new efficient equipment. P lox 3725 • Crested Butte CO 81224 USA • tel (970) 349 -1216 fax (970) 349 -1218 • info@reginc.com • www.reginc.com • The new system as designed by REG has the following benefits relative to the existing HVAC system: a. Economizer operation for all areas. Economizer refers to the ability to provide free - cooling to spaces whenever the outdoor temperature is below the interior space temperature. Currently the system has very limited economizer capabilities. The result is the large roof mounted chiller has been required to run year - round. In addition to wasting energy this is very hard on the cooling equipment that is not designed to run during an Aspen winter. The result of this was the premature equipment failure of the roof mounted chiller at a significant cost to the WOH this past spring. b. Greater energy savings from variable fan speed at all air - handlers. c. Improved occupant comfort from increased control of systems. Each zone will now have variable air -flow and independently adjustable supply temperature. d. New equipment for all areas except the auditorium. In essence the capital cost of replacing the second and third level HVAC equipment has been rolled into this project for a 5% up charge- a significant long -term savings to the WOH. Please feel free to contact me with any questions. Sincerely, August Hasz, P.E. P.O. Box 3725 • Crested Butte CO 81224 USA • tel (970) 349 -1216 fax (970) 349 -1218 • info @reginc.com • www.reginc.com X Owner 0 .,001 . cos rktr , X Architect ASPEN X Consultant CONSTRUCTORS X Contractor „\, 1 X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE The following photos and notes summarize our discoveries of existing conditions found within the Mechanical Loft on the 1 Floor: 1 r Existing Hose Bib line to Exterior. it 4 ` ,,` • ,T, Bent, crimped copper water line — "` unsafe! Uncovered during removal of '' existing HVAC Duct Work. r ' / I , ' 1 4 :- , ' 1 , 1 rI, _ � . _ • , w i ,, ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 1 of 30 rd aa��CgK7R:1`c r,,R` X Owner d�SPEB x Architect X Consultant CONSTRUCTORS:, ' x Contractor sp, f I9%i X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE r i t • # }i . 1 § 1 ,,...... 'N, 7.4k, ..„,„.,..,4„,. il , lktif : N , 1 l f I Ii. , , 1 l i ,/ i 1 r • ' 1 e + (/ 1 ' A' \ j C , F 1 1 l red t ? N r . 1 ... f J . 4 , 1. R iil A bandoned Ductwork. Occupying critical space for new Equipment, 7 vents, exhausts. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 2 of 30 w.SR1L CON FRACrc.S X Owner X Architect ASPEN COBSTETICYUBS. X Consultant X Contractor „ti,_, 0 . X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE Abandoned Ductwork. Close -up of ,' 1 c, -,. , long abandoned ductwork. = 1 -.;:..);) ,:;,.;.;° '• i ' ..:. .. 4 ir .':...L ---e k,' =' i -a t if "` r . t: t rYfrit'` . 4 L s i It) . 0 (NM b -' \ f ► T. J 04) . ofe V f" kgr . k 1 2 , 0 C ._ }, , f p ct ,„.,_, 4 p ,„,,......... „ '!r.' �, ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottvan (signed digitally) Page 3 of 30 TF�L UN TluC-�- X Owner X Architect ASPEN CONSTRUCTORS:. X Consultant X Contractor SIN( , Iws X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE ` / - -- ,' Il. Vii- .ti e )~ • ' { •1 14147. f te- / T i m Eisting, un- insulated water lt - .t. 1 ill . Est., 1 .2= - - ,, ,.. , 7 1 ' .1^ I Existing, un- insulated heating main lines. f•• i ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 4 of 30 X Owner /� X Architect c .,,, 08STBCT48S . X Contractor Consultant „ X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author)— Aspen Constructors, Inc. Aspen Constructors FILE y , .t r, �� .- 4 -_ 1- tom► f E • i t ' ! - . i) .„: - V• s : ..`, 1 %■ca• ' .' - , 1, -- . 17 . 1111 . 21116:44 " .. , ,...rilti. rat; . 014‘1.1 ! , r . ' Y ' 1 , '.. c'''' i , . . • 19 .. v ‘- $ 9 ' . i f . . ,,,-,p- 1 ,al, .. "'Ve,,s,it. --- t' - At ..'":". t -14, ' -, �: : � -'� +Ra, r►' *mi 9 . i. r =- - - 1C� Existing, hodgepodge of mechanical r ' ''* :: * lel - -iti• ,,,1 i f . 1., ..4 , _ . . - ;' t : r `1/4, systems. Ducting, control wiring pathways 1,.. M 4 /. ' _, ' and controls in various levels of lessened L : • • functionality ' t ! i ' ex:5;4 D t ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 5 of 30 or..., &,LCONTRcrok X Owner X Architect ASPEN X Consultant CONSTRUCTORS, X Contractor ' VAS X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) -Aspen Constructors, Inc. Aspen Constructors FILE Old, Gate -style isolation valve. Valve has been and is failing. Cannot shut off glycol t i flow to units for service! 0( 4 ,.► f S ! ,, * `Y ; y N ,I X t,, a +' i 1 ` • 41 � Or 3 • y - J - A- A " .....--- .. i 1 lik. , , 0 4 -----" . 111 , \ . ,) - . ,ftidallill1111# • ' 1 , N. .... 1 i I ;} ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 6 of 30 X Owner ceait V, Gon7 R ar 7,,k` N. X Architect �SpEN X Consultant CONSTRUCTORS X Contractor X Field Slti(1. ` X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE r .,... 1 umill A - ' . . \ 1 11 1 lb 7_g" , t , , 1 ' 4417 7 :. / � c 4 h • . ., ....: ;:,owns,. - l � i ' Ems, _ - - - a. '°.".- r t� '? - 1 ,{ 1 1 g 'I�- Existing leak at copper cooling lines. Existing leaking flow meter for heating Leaking glycol for rooftop chiller unit i.#11 lines. Leaking glycol for Boilers ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 7 of 30 'w ico�rs.a • X Owner �lSPEI X Architect COHSTBBC? X Consultant X Contractor Sirs CE ILS3 X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE t • 1t ` .1. i . ¢ � �. Sr. . mt 14 _ .. , r - - - ; „elate $ . , t I �' no titoolocut d ; '' , -7 I ' . • i I . , • '. Boiler Intake Air Pipe is NOT connected! k . • Exposed during demolition of existing I If 1 ... Mechanicals /// : T . I I I Ex Boiler in old Mechcanical Loft. / ' I i ,c ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottvan (signed digitally) Page 8 of 30 X Owner ` ,„.. CONT X Architect ASPEN X Consultant CONSTRUCTORS X Contractor sI NCI „ X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author)— Aspen Constructors, Inc. Aspen Constructors FILE 4 Close -up of Boiler Intake Air Pipe is NOT /-s connected! Boiler was pulling make -up from within Mechanical Loft rather than fresh, outside air as intended. MININFIOL ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 9 of 30 X Owner CX•r�'�t. cC �TRiC X Architect J 'SPEN X Consultant CONSTRUCTORS-,) X Contractor s,Nce ,,, „, X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE ti I V ! 1 .y. i -1 — ! NI ti , ._ . f 3 t f , 6 .” ri w 5 j ' = 9 e, y t A r r ' t . . ! 11 i rw r ''„'e: , ' i }f f .. Close -up #2 of Boiler Intake Air Pipe is p ' I ' NOT connected! Boiler was pulling make- : up from within Mechanical Loft rather , i than fresh, outside air as intended. �.� i. i , f. i . V4141 ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 10 of 30 X Owner agR \t CONTRsCTngs. �.SPEI X Architect CONSTRUCTORS X Consultant _.�• X Contractor NNE L X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera 1-louse Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE ik ft 1 W f i• 1 \ . \ 4; , , : a ; ) pi,-,- ' , i „J I � 1 _ a r. - 1 ' ''' f Li .11 - :•1 : 1 Existing Mechanical Chase. No fire • separation as required by Code ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 11 of 30 X Owner 0 ,k v,Al CO I'R+C X Architect ASPEN X Consultant CONSTRUCTOR& X Contractor X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE ti *1 1p 4T r A �. '7a4' , - . ;,..:4,,i ce ' + . fi . ! iW •. .,. mss, +, r • f r • e ' •, 4 i s�` :7` P # '� 'L�'! I , •. v1' � L s t 1 �'f�l Vii' �rF f' s A�t $. IQ / • ., Existing Mechanical Ducts. Exterior wall _ , � . . ,. penetrations with Air Gaps and NO fire _ , . i" separation as required by Code :11 _ , , •- ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 12 of 30 txAL ( , O Nr� X Owner ASPEN X Architect CONSTRUCTORS X Consultant X Contractor ' 1.n. X Field X Other Wheeler Opera House-1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, inc. Aspen Constructors FILE • ...i 4" ti t:_i ‘,.• , ..: ' ill ' c c --. - . r; - i f . ., i:TZ :3Z:- '' --J--'. i 4 7 :.T `3E;_- f. f l i l \ V IN to : - - 4 . _ A N it, -- ..,. _ - Iv% q . \so. lataawar.i. ga..".0.3•Li .... - ' - , • n.. F;: Existing Exhaust Ducting removed during . Deconstruction of Mechanical Loft • . . ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 13 of 30 X Owner EASPEN R∎LCON1RA( roles X Architect 1 X Consultant TRUC?', X Contractor cm.cr- ins;, X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capitol Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE ...�..` -- "Ni I r 444 IA ' .". . t i r u. i tic.„2..:4,4 grt : _ . 40 -e k 4 * . . ' 0 11. 0 41 ' , -tl?.1' . , ;: .4 I , t? •• 4 1111011 0. : l. t 1 . i 1 - ' . _ ; , ' • • a 1 r !� • ` ` L ■ i a ° n • S' , • • Interior View of Existing Exhaust Ducting removed during Deconstruction of Mechanical Loft ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 14 of 30 X Owner ` -ecaL CONTA soaks X Architect ASPEN X Consultant CONSTRUCTORS X Contractor SIM I I MS X Field X Other Wheeler Opera House — ft Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi,! Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE • r ry i i R . J t ' -', I .. t y `` j r ', %pot.' i ,' - '�' Z .' �r ...el s y1 1 . 4 i d y*a�-- iyt�s *• f ! `.F ,a ; yes * •er v p, T t } , ' 't1 ?, sc rl y4 X ,� ,1 ,,... Interior View #2 of Existing Exhaust Ducting removed during Deconstruction of Mechanical Loft ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 15 of 30 E�wuc;croas X Owner � J+�p onrA� X Architect X Consultant CONSTRUCTORS / X Contractor ,,,,,I ,.., X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE } t r, u „fir , ?� :t 4 � ,r• • + k . 4 x • 4 p y' i; ,, r',,, �� t o , s s4, : r :I" • f r�' ' t k ,4 J C f i 4. � 3i % ,. .' e ?`. • 1 } :, 'i," � " ' 1 ' ' t F !. L .. kT i F : K fi i t b r ` { W ' t • f, . .Ti i. t 1 ..• ,...,,..., .....,... , , ..........„4„%.,.. .,... ...,,., . _ _ .... , f 1 Interior View #3 of Existing Exhaust Ducting removed during Deconstruction of Mechanical Loft ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 16 of 30 "- --rVa. CONTRACT r,ks X Owner X Architect ASPEN Consultant CONSTRUCTORS. X X Contractor ',WI „y X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE _ ;fi, \ 11 I J ,� , 1 "a— i• ate- A):' 1 1 c (•?, 1 J : ` . ,,i_ l':t 1 , - y �! 1 ;'ii y.C: ;n �� - -, Existing Outside Air Duct supplying ” (6) Air Handling Units. Intended to Existing Un- insulated Heating Mains. Old serve Basement, Level 1, Level 2, and Level 2 1/2 welded black iron pipe 1 ;; :::. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 17 of 30 ` �.rlip,. CO\- IRA(Totes X Owner � pEN X Architect X Consultant CONSTRUCTORS X Contractor , ,ucr i,.. / X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE V `} .r 4-4.- ce - t -. PI! • "x ^t p.. r.. 71.7.11,_ ;�,�„ -.. - ii - ,fig - ��� } __ t li. t . 1' ^ . } iii L , k f , .,,.::::,:-...4, mil. ,4„--... ..r:,,+►."._ 7.... .e. , ....t_ 4 \� -IJ`_. ` V Interior View #3 of Existing Outside Air Duct. We found that this duct had been CAPPED for an unknown period of time. Units were "starved" for outside air; NOT efficient! ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 18 of 30 X Owner cs .,,R .,.OKTRIC7_,> X Architect ASPEN \ X Consultant CONS'TBBCT()�S x Contractor tw" 1 ,a, X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE 1� t; V... i � ' t 'f F t h iiii _ .---*".-. 7 "---------- \ ..,. ___‘.___ - --... , . t i ' 1 V 1 Buildup of dust and debris within ductwork. Typical condition of ducts discovered during 11 deconstruction. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 19 of 30 `(.' ,,H : N L CON, RAC\TpRS X Owner \ X Architect ASPEN CONSTRUCTORS) x Consultant X Contractor X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE Union Fittings. - -_,., _ _ 9 s A Leaking, . , L� f 1 if 1 actively Its ',, .i:E� corroding �,��,t >> , .. v ! i _ - _ . f y lett'. l f )F 4 ..'.. 1 _ 1 1 , s ' . )1 41 • .t i i ,• I i. ` 1 1 y I `if ' • ",Y, Existing HV -4 (Box Office) Heating .; I ilk i -- coil 2 of 3. Dirty and completely • • _ ' t , � *. .F clogged; causing very inefficient �.. . `ii • 4 ' . 1 - operation and possible negative 1 140 effects. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) ' Page 20 of 30 X Owner Grt:R. CORiRAC70RS X Architect ASPEN X Consultant CONSTRUCTORS 11 X Contractor ' I t X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE if It r.-.;-.,' , — i I ;414, 1 ,. II r } 1' 1 LEI. --.. ... ) tea -i 1.'1 . � � A - • ,. " Ji\ - I . .r. ..- - 3'•. ", Union Fittings. Heat Exchanger. Nearly 100% Leaking, actively clogged with dust and debris , corroding, failure - I i i ` imminent t IF ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottvan (signed digitally) Page 21 of 30 R , i cnnr2a�'rrgs Owner �., SPEB Architect I CONSTRUCTORS x Consultant X Contractor X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE Y a f , __ a �� awn- J x «o �. ' x- -�= — - _. _ -- - -- - -- HV -4 Outside Air /Return Air Mixing Box. 2 Filters missing with NO possible access to replace /service. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 22 of 30 ,r∎LRNL C().VI ruc'roks X Owner f SPEN X Architect Consultant CONSTRUCTORS X Contractor 1 „ X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project HELD OBSERVATION DATES: Various. 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE . j • _ r 4 _ I . - TRr - • Q • 1 HV -4 Outside Air /Return Air Mixing Box Photo #2. 2 Filters missing with NO possible access to replace /service. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 23 of 30 r.ohrga X Owner ASPEN X Architect CONSTRUCTORS Consultant X Contractor 5'Ih- t1F X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) — Aspen Constructors, Inc. Aspen Constructors FILE • ` h. � ii - ''•, l i v ,,,:. '- '' L am . • i r _ ,7, r. s.r..4 Y!L. r_"iDs , • t, e -- - • J� i 4 • - -'- i.'Si rL. '.is._"!. "�' �' s3' - . f` t w'ei'r - — �' -_ - .�►' -- - HV -4 Outside Air /Return Air Mixing Box Photo #3. Dust /debris buildup with no access to clean or service. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 24 of 30 ct,�rroa C 3NTRA( Troy X Owner X Architect ASPEN X Consultant CONSTRUCTORS / X Contractor r -' , IM „ tJ� X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) -Aspen Constructors, Inc. Aspen Constructors FILE • it j - - - lif } _ ,.,a•ij .. i , • 1 a ,•• . " = I er. 4k" i ••/ ... _ ;1..!,.. S r _ . . _ *44 r A .r. 3 _ . ; , � � S' .. , x , , • HV -4 Heating Main Shut -off valve. Active leak readily apparent. Failure imminent. • Ryan N. Kottvan (signed digitally) Page 25 of 30 0,,„\L OM X Owner C.M ASPEN X Architect CONSTRUCTO8S \ X Consultant X Contractor SINCE re« c X Field X Other Wheeler Opera House — f t Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE <' I • , t # r A, ' 1 , t . � � S r p r ` • / A "Gate- Style" Valve. Slow leak readily apparent. Failure imminent. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 26 of 30 1 X Owner GE.,C0.0 C(»TRAc ro4i n � X Architect ASPEN X Consultant \ \ CONSTRUCTORS X Contractor S M , , X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE `` - s � -- - • `' `�.�' ---.-.11.1 . ♦ , . . t.. i' I n ,. . r r Shut Off Valve. Valve is "frozen" and cannot be manipulated without destroying valve. ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 27 of 30 ,, CO\rk ;f r,-,k5 X Owner `` ASPEN x Architect CONSTRUCTORS„) X Consultant X Contractor sw, r , ,,, X Field X Other Wheeler Opera House —1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE 1 Leaking 3 -way valve and shut- - off. Line to existing AHU. v. - - - A -. : '` ■ i1' , 1 ' • k ' I 4 T 1 N tititi ; • MAY , f try` ` .. .., 1 s. �� x ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottvan (signed digitally) Page 28 of 30 `µ`LCO X Owner ```� X Architect E WEN x Consultant C48STED'CT4ES: X Contractor ‘ih1,I ,,,,, X Field X Other Wheeler Opera House — 1 Floor Mechanical Loft — Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland +Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) —Aspen Constructors, Inc. Aspen Constructors FILE 1 �.. , ; * . 1 1 4 — ' * 0 . L '4 - ) I i is 1 4., 4 M; J 111 ', ■01.°A 4 I I . f . 0 Clogged, filthy Supply Air unit. Unit was "buried" in equipment layout and unable to be cleaned or serviced. Efficiency and IAQ compromised! ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitally) Page 29 of 30 1 X Owner ( - ,,L CONTRACT% t. X Architect ASPEN X Consultant CONSTRUCT011, X Contractor ........_____•.1•..,1;•-• — x Field X Other Wheeler Opera House - 1 Floor Mechanical Loft - Existing Conditions Exposed During Phase 1 Demolition PROJECT: WHEELER TI Project FIELD OBSERVATION DATES: Various 320 East Hyman, Aspen, CO 81611 OWNER: City of Aspen DATE OF ISSUANCE: 07/25/2011 TO: Steve Bossart, Jeff Pendarvis, Scott Miller, City of Aspen Capital Asset Management Rose Bennett, Gram Slaton, Scott Wilson, Wheeler Opera House Randy Ready, City of Aspen Sarah Broughton, Dana Ganssle, Rowland+Broughton CC: Michael Tanguay, Michael Bassi, Ryan Kottyan (Author) - Aspen Constructors, inc. Aspen Constructors FILE . --... . • • 1 4•.'! ----- - 6 • I 4 411111- 7 - ta 1 , - ) , • _ - ,... ' - i j t 4. th ' • • . . • . 4di...L. t, - ' .. ..4..i4f1 .- - - - - - - C -4 4 .. N •J:i. _ - _ -1 ' • g : Fri / - r . 4 _ . .. 4 " ..... ' •1 . . C - 41 t - ' ' ... .11 , \ t..:1 ' ' •:''.,. P te. .!'..),. 'N r '1 . :k4 • ' • . : --i. t - • 2.2 . • ...k ..4 2 , 3 ' ,...-- ., 4 1 . 1. , r , . 1 , , T.: ' .... ' , ' e- i f ..A 12 -4:•.1,.••• •j•.: •10 14/ - = ' ''' e. ` • ■ 41. '1. - t. - .0,, ' • , 4 boil L ;0:7" , . ' ' 4 ' ., ..q. : - i \ - 1 li' , -• '' A -..;1-;% .. = 4 : r - • ' , \ r . '1 .. . t • . . ,- • ,.. 't - t ''' • It '' il - , • , ... :...:: i•i"k: , - " • v , , : ; . . - • s " . - .. ' ‘ ' . ' 1, .i ' ' .. :.Z4 ., ' :.'":::' 1 4. ' ' ' ... ...' 4 '.,' I.: i , _ • , , 4 .A I. ' ..: k:, !,'"?,.. r:.(.."',.<7., '' '.‘v.1. .;`,1 i - t l' . ' '' ,' E...1 i ••• s• , '''-`... -.. - 1 ■ ,• . ' „ • ,,, ' , , 4 - 41. l . • -.- ,_. -■ --.- -.-.... .- ....r. ■■■......■ ■ .. . . . ., ■ .■.-.. • , 41 s , . . 1 s Clogged, filthy Supply Air unit HV-4 (Box Office). Unit was "buried" in equipment layout and unable to be cleaned or serviced. Efficiency and IAQ compromised! ISSUED BY: Ryan N. Kottyan, Aspen Constructors, Inc. Ryan N. Kottyan (signed digitallY) Page 30 of 30 r Wheeler Opera House TI Project - PHASE 2 Budget Study Division Breakdowns of 04/18/11 Budget vs. 07/15/11 Budget ..— • AS CONSTRUCTORS GENERAL NOTE: Information Below is intended to provide supplementary background info on significant Line Items and isNOT intended to Balance with Phase 2 Budget DIVISION 1- GENERAL CONDITIONS Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $108,065.00. Phase 2 Budget resulted in $15,250.50 DEDUCT from 04/18/11 Budget. Deduct related to permitting finalization, Builder's Risk policy savings by purchasing Global ALL - Division 1 Total Project cost /duration policy. $340,262.50 $216,947.00 $86,778/per General Conditions Cost by User Calculations = Pert o USgg 07/15/11 Budget Total DIV 1 Cost ,, , DIV 1 Total $216,947.00 Wheeler Office $86,778.80 40.00% Tenants $86,778.80 40.00% Base Building 543,389.40 20.00% ** *NOTE - Due to Phase 1 activity related to Phase 2, calculations above extrapolated. DIVISION 2 - SITE WORK • Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $44,670. $16,440 ADD from 04/18/11 Budget related to: new requirement for (2) concentric radon exhaust fans for Building radon mititgation needs, 1st Floor gyperete floor topping demo and discovered additional demo /debris handling and asset auctioning related ALL - $7553/per Division 2 Total to City Deconstruction Plan implementation. 561,110.00 $22,660.00 User Not anticpated to be required on 04/18/11 Budget. Due to inability to inspect floor assembly condition prior to wall /finish /FF &E equipment deconstruction efforts related to Phase 1 Scope, 1st Floor Tenant existing, level, contiguous, cementitious floor Gyperete ( "skinny topping assembly assumed. Existing floor found to slab ") demo be structural unsound. Demo required. $0.00 $4,500.00 Tenants - $4500 Site Work Cost by User Calculations - 07/15/11 ' Percentage of USER Budget -.otal DIV 2 Cost DIV 2 Total Wheeler Office $5,303.33 23.40% Tenants $7,553.33 33.33% I Base Building $5,303.33 23.40% ** *NOTE - Due to Phase 1 activity related to Phase 2, calculations above extrapolated. il 1 Item Description Notes DIVISION 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - 535,440. 511,735 ADD 3 trom - CONCRETE 04/18/11 Budget related to: Hard Bid /requirement to pour new structural /sound concrete slab Division 3 Total assembly at 1st Floor $35,940.00 $12,235.00 Tenants Not anticpated to be required on 04/18/11 Budget. Due to inability to inspect floor assembly condition prior to wall /finish /FF &E equipment deconstruction efforts related to Phase 1 Scope, existing, level, contiguous, cementitious floor topping assembly assumed. Existing floor found to be structural unsound. Pour - back /replacement Tenants - Lightweight Concrete required. $8,750.00 $10,735.00 $10,735 Additional Brick /Slab /Concrete cutting to be required per finalized 1st Floor exterior make -up Concrete Cutting air /exhaust duct terminations at northside alley. $1,000.00 $1,000.00 Tenants - $1000 COYICI'istltZWIY? uSErtattulationt t7JTsJ r P rtentageof — , +0■1P•^,.-^"•, i US,EI . , 13udaet. . T.4ta.I -IV 3 C0sL . DIV 3 Total $12,235.00 Wheeler Office $0.00 0.00% Tenants (Concessions) $12,235.00 100.00% Base Building $0.00 0.00% ** *NOTE - Due to Phase 1 activity related to Phase 2, calculations above extrapolated (Lower Level Slabs - Phase 1) DIVISION 4 - MASONRY Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $5,000. $2,900 ADD from 04/18/11 Budget related to: Finalization of masonry scope per Rocky Mtn. Masonry Institute protocol and additional East Stair tread /riser WOH topping material placement for functioning Offices /Base snowmelt system and public safety of WOH Office Building/ Division 4 Total access. $30,300.00 $28,200.00 Tenants Lower Level existing stone /brick cleaning process WOH Offices - Restore and Clean finalized per RMMI Inspection /report $7,300.00 $9,800.00 $9,800 • DIV 4 Total Wheeler Office $15,933.00 56.50% Tenants $6,133.00 21.75% Base Building $6,133.00 21.75% DIVISION 5 - METALS Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $0.00. Additional /Defined Structural Requirements primarily related to 1st Floor Mech. Loft construction (Design In Progress yet Pending) that serves ALL Users in some Division 5 Total capacity $22,895.00 $31,470.00 ALL Cost tipuser CalculalYDns - 07 , • U E' .t I DIY 5 t • r V5 Total $31,470.00 Wheeler Office $10,490.00 33.33% Tenants $10,490.00 33.33% Base Building $10,490.00 33.33% DIVISION 6 - WOOD & PLASTICS Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $11,468. Phase 2 Budget based on Lower Level WOH Office desk /millwork design finalization (hard bid), and allowance for Restaurant bar /millwork scope. User breakdown Division 6 Total extrapolated per hard bid /allowance calculation $123,990.00 $115,716.00 ALL • — 1NflOD' &'" PLASTIDS `Cb'gt'iyllttrf`taTEU13iiffliS'= �...,, r , �....r,...�.m..�.� -. USER 07 /15 /11Budget T otal DIV 6 Cost DIV 6 Total $115,716.00 Wheeler Office $64,745.50 55.95% Tenants $50,970.50 44.05% Base Building $0.00_ 0.00% ** *NOTE - See Phase 2 Budget Calc Excel Spreadsheet for sum logic DIVISION 7 - THERMAL & MOISTURE PROTECTION Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $0.00. 04/18/11 Budget DEDUCT of $28,500 related to collaborative IPD Process. Phase 2 Budget based on finalized Sound /thermal design assembly finalization by Sound Engineer Consultant, Jaffe Holden, and anticpated approval of sound /fire assemblies submitted with Permit Division 7 Total Set. DIV 7 scope serves ALL Users. $70,790.00 $42,290.00 ALL TIiERM711"& MU15TDREPROTEt IUN Cost by'188FPrcentage of USER Calculations - 07/15/11 Budget Total DIV 7 Cost DIV 7 Total $42,290.00 Wheeler Office $14,096.67 33.33% Tenants $14,096.67 33.33% Base Building $14,096.67 33.33% DIVISION 8 - DOORS & WINDOWS Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $0.00. 04/18/11 Budget DEDUCT of $4,240 related to collaborative IPD Process. Phase 2 Budget based on finalized WOH Lower Level Office door /door hardware design finalizatio and confirmation of Tenant- purchased /installed doors at 1st Floor. ** *NOTE - ADD of +/- $32,000 estimated for possible replacement of existing Restaurant space operable windows (exact Historic Division 8 Total Replicas) $42,000.00 $37,760.00 ALL 4'r • DIV 8Total $37,760.00 Wheeler Office $26,432.00 70.00% Tenants $11,328.00 30.00% Potential ADD 521,664.00 Base Building $0.00 0.00% Potential ADD $21,664.00 DIVISION 9 - FINISHES Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $0.00. 04/18/11 Budget DEDUCT of $33,372.53 related to collaborative IPD Process. Phase 2 Budget based on finalized Project Finish Schedule and Tenant /Lease requirements scope Division 9 Total finalization. ** *NOTE - USER Calcs extrapolated. $208,778.86 $175,406.33 ALL Wheeler Office $122,784.43 70.00% Tenants $52,621.90 30.00% Base Building $0.00 0.00% d�flSION 10 - SPECIALTIES Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget- 50.00. 04/18/11 Budget- NO CHANGE. Budget based on allowance for WOH Division 10 Total Offices Powder Rm. accessories $485.00 $485.00 WOH Offices . — Percentage of SPECIALTIES - 07/15/11 Budget _ .. .,.. Total DIV 1Q t DIV 10 Total $485.00 Wheeler $485.00 100.00% Tenants $0.00 0.00% Base Building $0.00 0.00% DIVISION 11- EQUIPMENT Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget- $6,418. ADD based on finalized appliance schedule that includes new LL WOH Office Kitchenette Microwave, ACI Management of Simplex - Grinnell WOH Fire Alarm Panel work. Equipment rental for Project Implementation benefits ALL Users - budget costs extrapolated. ** *NOTE - Simplex- Grinnell scope could NOT be accurately distributed amongst Users - cost Division 11 Total division ESTIMATED $24,386.49 $22,368.49 All • USER EQUIPMENT- 07 /15/11 Budget _ $)- Wheeler Office $20,168.49 90.16% Tenants $1,100.00 4.92% Base Building $1,100.00 4.92% DIVISION 12 - FURNISHINGS Item Description Notes 04/18/11 Budget 07/15/11 Budget Type • Phase 1 Budget - $0.00. $1,250 DEDUCT based on finalized Finish Schedule (per IPD process) for black out shades at WOH Offices, WOH Offices • Division 12 Total Kitchenette cabinet hardware $3,700.00 $2,450.00 WOH Offices Pe . 4 + _ij 3/11 Budget Total'e.F _ L. DIV 12 Total Wheeler Office $2,450.00 100.00% Tenants $0.00 0.00% Base Building $0.00 0.00% DIVISION 13 - SPECIAL CONSTRUCTION Item Description Notes 04/18/11 Budget 07/15/11 Budget I Type Phase 1 Budget - $11,850. $6,450 Budget ADD based on restaurant ANSUL system concession by City @ $8,300 and potential requirement by City Fire Marshall to replace old, corroded /blocked fire Division 13 Total sprinkler piping $51,550.00 $56,950.00 ALL .USER. SPECIAL CONSTRUCTION - 07 /15 /118udget Total DIV 13 Cost DIV 13 Total $56,950.00 Wheeler Office $16,216.00 28.47% Tenants $24,516.00 43.05% Base Building $16,216.00 28.47% DIVISION 14 - CONVEYING SYSTEMS Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Phase 1 Budget - $450. $7,011.25 Budget ADD based on restaurant handicap lift spec finalization Division 14 Total per City Building Dept. $16,450.00 $23,911.25 ALL Percentage of '! USER Ci.mvEYING SYSTEMS- 07/15/11 Budget Total DIV 14 Cost DIV 14 Total $23,911.2t Wheeler Office $0.00 0.00% Tenants $23,911.25 100.00% Base Building $0.00 0.00% DIVISIONS 15 MECHANICAL AND 16 ELECTRICAL ***NOTE - Due to complexity and overall Budget cost for DIVs 15 and 16, below is a detailed breakdown of Line Items HVAC Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Magic -Aire equipment and (11 VAVs inititially Lower Level Air specified by PSM during Schematic Design phase; Handler Final Design spec: TRANE equipment $89,122.50 $150,341.50 WOH Offices Magic -Aire equipment inititially specified by PSM 1st Floor Restaurant during Schematic Design phase; Final Design spec: Air Handler TRANE equipment $84,787.50 Tenant Magic -Aire equipment inititially specified by PSM 1st Floor Retail Air during Schematic Design phase; Final Design spec: Handler TRANE equipment $33,787.50 5150,341.50 Tenant 2nd /Partial 3rd Floor Air Handler Not in orginal scope; ADDED SCOPE $0.00 $99,000.00 Base Building WON Offices - 04/18/11 Budget included (11) VAVs at Lower $26,763; Level and (6) VAVs for Restaurant (included above). Tenants - Finalized Mechanical design spec's (11) VAVs at $9,735; Base VAVs Lower Level and (8) VAVs for 1st Floor ABOVE in AHUs $46,233.00 Bldg - $9,735 Magic -Aire equipment spec'd during SD Phase; Data Closet Cooling Mitsubishi system is Final Design Spec $4,995.00 $5,590.00 WOH Offices WOH Offices - General Exhaust - LL LL Kitchenette - $4,590; Tenants and 1st Floor LL Kitchenette, LL and 1st FLoor Bathrooms 54,590 $19,250.00 $14,660 Kitchen Hoods, Make- PSM spec'd on 04/18/11 Budget; 07/15/11 reflects up Air Unit, Ducting final Mechanical design spec 5139,500.00 $123,260.00 Tenant WOH - $59,750; PSM spec'd on 04/18/11 Budget; 07/15/11 reflects Tenants - DDC Controls final Mechanical design spec with NO DDC $119,500.00 50.00 $59,750 REG supplied $ on 04/18/11 Budget; eliminated Design Allowance with design finalization 567,500.00 $0.00 ALL - N/A WOH Offices - $6166; Tenants - 56166; Base Test and Balance By 3rd Party 515,000.00 518,500.00 Building - $6166 HVACT63rby User Calculations - 07/15/11 Percentage of USER Budget Total HVAC Cost HVAC Total' $612,516.0 0 Wheeler Office $193,450.50 31.58% Tenants $304,162.50 49.66% Base Building $114,901.00 18.76% Plumbing Item Description Notes 04/18/11 Budget 07/15/11 Budget Type WOH Offices - $8100; Tenants - Plumbing $33,700.00 $40,500.00 $32400 07/15/11 Budget includes new tank and controls WOH Offices - for black water and new tank and controls for grey $4133; Base Ejector System water (East entry snowmelt) $2,350.00 $12,400.00 Building - $8266 WOH Offices - N/A - No Info for $45,991; Tenant Chiller System Piping connections from Chiller riser to AHUs 04/18 Budget $79,450.00 $33,448 Gas System Kitchen equipment $3,500.00 $6,300.00 Tenant WOH Uttices - $34,116; Tenants - $34,116; Base Building - Heating System Piping connections from Boiler Plant to AHUs $21,884.00 $102,350.00 $34,116 t Plumbing Cost by User Calculations - 07/15/11 Total Plumbing Budget Cost Plumbing Total $2 Wheeler Office $92,340.00 37.48% Tenants $106,264.00 43.13% Base Building $42,382.00 17.20% Electrical Item Description Notes 04/18/11 Budget 07/15/11 Budget Type Fiber Optic Cable Relocation New scope $6,970.00 Base Building Lower Level Power, Panels, Lighting, Fire Alarm $78,964.00 $85,589.00 WOH Offices 1st Floor Retail Power, Panels, Lighting, Fire Alarm N/A $9,116.50 Tenant 1st Floor Restaurant Power, Panels, Lighting, Fire Alarm, Kitchen N/A $66,493.00 Tenant Service Mains, Mech Panel relocations, panel adds, re -feeds $51,352.00 Base Building Percentage of Electrical Cost by User Calculations - 07/15/11 Total Electrical USER Budget C ost Electrical Total $223,195.49 Wheeler Office $85,589.00 38.35% Tenants $75,609.50 33.88% Base Building $58,322.00 26.13% MEP TOTAL Costs by User Calculations - 07/15/11 Percentage of USER Budget Total MEP Cost MEP TOTAL' $1,093,111.49 Wheeler Office $371,379.50 33.97% Tenants Total $486,036.00 44.46% Tenant Concessions (note- subtotals of Tenants above) $254,929.50 23.32% Base Building $215,605.00 19.72% ** *NOTE - For calculations, some pro- rating and /or inferred separation of Use, User and related costs was required due to the complexity and overlay of certain systems SUMMARY TOTAL Costs by User Calculations - Percentage of USER 07/15/11 Budget Total Project Cost Budget Total $2,037,052.46 Wheeler Office $757,262.72 37.17% Tenants Total $557,434.94 27.36% Tenant Concessions $254,929.50 12.51% Base Building $312,333.40 15.33% Subtotal $1,881,960.56 92.39% Profit & Overhead 5159,966.65 7.85% Insurance /Permit Discount ($4,874.75) -0.24% GRAND TOTAL $2,037,052.46 100.00% Potential Scope ADDS related to Wheeler Opera House indetified during Phase 1 /IPD Process 1. Window replacement at Bentley's Operable windows with exact historic replicas (better performance /operation) 2. Snowmelt at East WOH Entry stairs @ Mill Street. Current system non - functioning. 3. Waterproofing at SE Bentley's sanstone stairs 4. Wheeler Opera House foundation drainage, waterproofing, trech drain system (pending engineering; 5. Relocation of FDC Siamese connection at WOH Box Office Entry (per Aspen Fire Marshall request) 6. Modifications to current 'Bentley's' awning sign at SE Entry 1 6 3 N N � a., L 7 u > a1 O 2 a N 3 u_ a1 w 0 0 0 0 0 0 e c • N 0 N o o l L 1 ID 0 E 0 ,-i M M co' ri I O w O a V} l.D N t+1 o 0 > $ $$ 0 O N an an ,..1 �' N C co co D C r c U Q co ul X al aJ > Y aJ c ti C c o OD 0 Ln ao m �' m L D = a - 0 111 O N .-1 Ol c Y O - m n V Ln N V ^ w Y N N> C N an N a/} y 0 N 2 Y o o v m m n 0 - n a c c v i. ¢ ¢ 0- E c Y 0 0 0 0 0 0 00 0 0 0 0 00 0 0 a Q ` c .-1 Ln O ID C • 0 m O W a., O 0 t O ri ri LA n N Y O. 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INOMMIIIMMEMIll 1111 111 ..-o -..... .0 "lb MEMORANDUM TO: Mayor and Council FROM: Steve Bossart, Capital Asset Project Manager THRU: Scott Miller, Capital Asset Director DATE: May 3, 2011 RE: Wheeler Opera House 2011 Remodel — CM /GC Contract SUMMARY: The Wheeler remodel work construction phase is scheduled to begin as soon as possible. Wheeler staff has moved to their interim office space at 517 East Hopkins. The demolition phase of work in the basement must commence without delay if the completion date of November 30 is to be realized with Wheeler, restaurant, and retail operations in place. The Integrated Project Delivery (IPD) approach is the end result of the 2009 Construction Experts /Citizen Task Force /Staff recommendations, where the constructor is selected through an early competitive bid process coinciding with conceptual design. Benefits are added value to the City through the professional contractor recommendations on methods and means, consequential cost reductions, and reduction in construction period change orders. Aspen Constructors Inc. was selected for preconstruction design services, and provided competitive bidding on all phases of work. Postponed selection of the restaurant operator pushed mechanical design back so we do not have a final GMP (Guaranteed Maximum Price) for the complete work. We are presenting the construction contract with a gross project cost containing numerous allowances, but with a Phase 1 GMP to allow work to commence and continue from May 16' through July 1'. Final construction documents will provide final gross GMP figures at that time. The City will monitor progress and have the ability to reevaluate work scope at that time. Meanwhile demolition of basement walls and removal of the concrete slab will be completed before summer activities begin in the downtown core. PREVIOUS COUNCIL ACTION: In January 2009, City Council directed Wheeler and Capital Asset staff to continue conceptual planning for a proposed addition to the historic theater. Farewell Mills Gatsch Architects LLC was contracted to produce preliminary designs based on programming needs determined by earlier research. At the December 7, 2009 meeting of City Council, this work was suspended and Council directed Wheeler and City staff to conduct an updated comprehensive, third -party needs assessment at the earliest opportunity. 1 In September 2010, Wheeler and Capital Asset staff and Webb Management Services delivered the final report on the needs assessment study. Council subsequently recommended that staff continue the evaluation of future alternate sites, but proceed immediately with design and planning of remodel work to the existing Wheeler basement office, shop, and storage spaces, and to the first floor restaurant and retail space. Council approved a continuation of the existing design team contract, and the addition of a CM /GC at Risk (Construction Manager /General Contractor) to the design and planning effort. An RFP for the CM /GC was issued; a number of candidates were reviewed for proposed fees and qualifications. Aspen Constructors Incorporated (ACI) was selected based on a combination of fees, experience in the downtown core, experience with core historical buildings and retail and restaurant work, and references. Since then ACI has been an integral team member as design proceeded, providing the cost and time saving recommendations the IPD (Integrated Project Delivery) method intends. The CM /GC concept is similar to the Council and community recommended IPD (Integrated Project Delivery) program in that it recognizes the positive contributions of professional construction input and estimating early in design. This concept has been in use in various versions and descriptions for many years, and is a desirable approach in identifying problems, solutions, and alternative methods long before commencement of construction work. City of Aspen experience has proven this method valuable in reducing construction period changes and cost increases. The selection process considered the contractor's experience and capabilities, evaluated fee structure, with the intent to roll the selected CM /GC directly into the construction contract. BACKGROUND: ACI has worked with the design team at length, providing recommendations and methods to improve efficiency and costs. ACI together with the architects, Wheeler staff, and Asset staff, has provided its own extensive subcontractor review and competitive bid process. As a result we now have a strong owner /user /design/construction team ready to move forward in the permitting, and demolition. The target completion date for the work is late November 2011 to allow the tenants and the Wheeler staff time to move and open for the holidays. The schedule is challenging, working within the central core, through tight reserved entertainment programs, and Food and Wine. The extended selection period for the restaurant operator added some time but we feel we're back on track. DISCUSSION: Aspen Constructors Incorporated was the unanimous selection by the evaluation team based on their approach, fee structure, Aspen core area experience, and historical buildings. Their efforts to date during the preconstruction design work have convinced us we made a good selection and we need to execute the next stage construction contract. The contract format is the AIA A195 Owner Contractor Integrated Project Delivery. We have worked with outside counsel as well as the City attorney in developing this procurement methodology, and have experienced superior results. 2 • • FINANCIAL IMPLICATIONS: The overall targeted budget for the renovation, including design, staff costs, and other expenses was $2.4 million. The proposed overall GMP (Guaranteed Maximum Price) contract of $1,995,734.47 has met our budgetary expectations thus far, and is expected to be further perfected with the completion of mechanical design. The Phase 1 demolition GMP scope is $278,568.48. RESOURCE IMPLICATIONS: Proceeding with the CM /GC IPD process and executing the proposed contract saves time and money by moving the competitive process to the front of the delivery process. It also adds the contractor /builder expertise in developing more efficient means and methods. Phasing the work scope in the proposed fashion allows work to commence and occupancy to occur meeting the seasonal schedule. Postponement would increase alternate office rental expenses and eliminate rental revenues on the restaurant and retail spaces during most if not all of the 2011/2012 winter season. RECOMMENDATION: Staff recommends approval of the AIA A195 Owner Contractor Integrated Project Delivery contract for the Wheeler CM /GC for Phase 1 scope. ALTERNATIVES: The proposed CM /GC IPD project delivery approach is the only alternative to accomplishing the project goals on time. 1ODt,UCTLO fl 4S 32 _ PROPOSED MOTION: I move to approve the proposed AIA A195 Owner Contractor Integrated Project Delivery contract with Aspen Constructors Inc. / CITY MANAGER COMMENTS: / w.v ta, p uv-v-Q ✓? Pectar 4P %o 4haPz ; .i1 ur 'eadei75,- edv-Le ", • Attachments: / A- Copy of signed contract 3 RESOLUTION # 3� (Series of 2011) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND ASPEN CONSTRUCTORS INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE WHEELER OPERA HOUSE REMODEL AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Aspen Constructors Inc. the, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and Aspen Constructors Inc. regarding the Wheeler Opera House remodel for the city of Aspen, 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, May 9, 2011. Kathryn S. Koch, City Clerk Steve Bossart Prom: Steve Bossart ent: Friday, April 22, 2011 12:34 PM 'Alison Baxter; stevebo @ci.aspen.co.us. Subject: RE: 0901.5 Wheeler interior Alterations Mech Proposal Request approved. Thank you. From: Alison Baxter fmailto:alisonb©fmct- arch.coml Sent: Tuesday, April 19, 2011 1:48 PM To: stevebo@ci.aspen.co.us. Subject: 0901.5 Wheeler interior Alterations Mech Proposal Steve Attached please find a request for additional services to cover the redesign of the equipment and ductwork for the second floor. Please do not hesitate to call if you have any questions. Alison Alison Baxter, AIA Senior Associate a IisonbP msarchitectsllc.com 200 Forrestal Road, Suite 3A °rinceton, NJ 08540 . 609.681.2480, x 105 F: 609.681.2481 www.msarchitectsllc.com _L M L Mills • Schnoering Architects, LLC Architecture 4 Histanc Preservato This communication is intended only for the use of the individual or entity named as the addressee. It may contain information that is privileged and /or confidential under applicable law. If you have received this communication in error, please immediately notify us at 609.681.2480 or via return Internet email at admintemsarchitectsllc.com and expunge this communication without making copies. Mills + Schnoering Architects, LLC accepts no responsibility for any loss or damage from the use of this message and /or any attachments, including damage from viruses. 1 S a April 18, 2011 Mr. Steve Bossart Project Manager Capital Asset Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Re: Wheeler Opera House Interior Alterations Project No. 0901.5 Dear Steve, Mills + Schnoering Architects, LLC (M +Sa) requests consideration of our proposal for additional services related to the replacement of the existing ductwork and unit serving the second floor of the Opera House. Our original fee was able to accommodate the City's request to replace the mechanical equipment in the kitchen mezzanine serving the first floor, as there were certain efficiencies to clearing out the mezzanine and starting with a clean slate. However, as the design has progressed, it appears that the mezzanine also accommodates equipment and ductwork serving the second floor; the design for this more complex replacement will require additional time. The proposed new scope includes equipment specification, duct layout, hydronic piping and control integration for the replacement of the second floor HVAC air - handling equipment and coordination. We propose to perform this work for a fixed fee of $6,250, half to be billed during Design Development and half during Construction Documents. We do not anticipate any increase to the other phases of the work. Reimbursable expenses for travel, reproduction, long distance communication, etc. will be invoiced at 1.0 times cost as under the base contract. Please do not hesitate to call if you have any questions. Sincerely, Michael R. Schnoering, AIA Partner Cc: Alison Baxter, AIA P: \09 \01 Wheeler Opera House Expansion\ Correspondence \Client \Letters \Bossart- Proposal HVAC Mezz 041811.doc REG roup Resource Engineering Dana Ganssle Rowland + Broughton Architecture and Urban Design 970.544.9006 dana @rowlandbroughton.com April 15, 2011 Contract Amendment B: Wheeler Renovation- Tenant Improvement MEP Design Dana: Per your request, I am writing to define additional scope and fee for the tenant improvements at the Wheeler Opera House. Per the Owner's direction, our original scope and fee did not include design time for the tenant improvements required for the restaurant, bar, kitchen and retail spaces located on the first floor. To address this additional design time and complexity we propose the following scope of work and fee as an amendment to our existing contract: Scope of Work • Provide mechanical, electrical and plumbing (MEP) engineering for the tenant improvements. This includes the restaurant, bar and retail spaces. • Specification of kitchen ventilation systems. • Construction assistance (CA) for kitchen and retail spaces, including two site visits. • Electrical power plans for tenant spaces, including coordination with the lighting plans. • Plumbing plans (including kitchen specific issues) for tenant spaces. • Permit documents for tenant spaces, including Comcheck. • This work will be in addition to the scope of work as previously defined in our existing contract and will comply with the requirements of that contract. Fee: We propose to perform this as a fixed fee with the following split: design fee of $15,000 ($5,000 billed during DD and $10,000 billed during CD), and $6,000 for construction assistance. Please have this letter signed and dated by the appropriate party to serve as an addendum to our existing contract. Sincerely, August Hasz, P.E. Approved: Signer Title Date P.O. Box 3725 • Crested Butte CO 81224 USA • tel (970) 349 -1216 fax (970) 349 -1218 • info @reginc.com • www.reginc.com y". F v- • rowland +broughton d o architecture and urban design c m m a - cr c N 15 April 2011 0 0 CD " d n Jeff Pendarvis o ; Steve Bossart City of Aspen Capital Assetts = —, g m Steve.Bossart@ci.aspen.co.us o o', Jeff.Pendarvis @ci.aspen.co.us o g £ N Re: Wheeler Restaurant Tenant Improvement — Architectural Agreement a w cr w Dear Jeff and Steve, o p Thank you for the opportunity to present you with a Letter of Agreement for the tenant improvement scope of z c work for the Wheeler Restaurant. 0 r — w O Deliverables and Scope of Work - Scope of work below includes meetings with the City and tenant and coordination with consultants. Scope of work also includes weekly site meetings during construction. o • . • — Pre - Design by April 18, 2011: N w • Pre - Application with Building Department `or • Sufficiency Review with Engineering Department • Egress Path Diagram • Occupancy Load Diagram - DRAFT Permit Application by June 7, 2011 • Required Documentation: • Architectural Drawings including existing plans, proposed plans, existing and proposed reflected ceiling plans, existing and proposed power plans, interior elevations, door and window schedules, finish schedule, plumbing schedule • Demo Drawings • Structural Letter • Asbestos Results • Lift Information • Occupancy Load Diagram • Forms and Paperwork • MEP Drawings • Kitchen Plans and Equipment Cut Sheets • Environmental Health Submissions • RCP and ComCheck • Copy of all City Approvals — City of Aspen responsibility • Letter of Approval from Building Owner Construction Documents by July 29, 2011 • Architectural Drawings including existing plans, proposed plans, existing and proposed reflected ceiling plans, existing and proposed power plans, interior elevations, door and window schedules, finish schedule, plumbing schedule, details including lift Building Information Sheet including Environmentally Friendly Goals • • Design, Schedules and Specifications including hardware, finishes, lighting, plumbing • MEP Drawings Page 1 of 3 Wheeler Restaurant Architectural Agreement 15 April 2011 3 • Kitchen Plans and Equipment Cut Sheets • Furniture Specifications — please note that furniture ordering will be completed by the tenant Professional Fee The professional services described in this document will be provided for a fixed fee of $78,500.00 plus the cost of reimbursable expenses. The following rates are based on today's proposal date and can be subject to change after six months from today. Schedule of Hourly Rates: Principal $205.00 Associate $175.00 Sr. Project Manager $140.00 Project Manager $130.00 Project Architect $120.00 Project Coordinator $95.00 Designer $75.00 Consultants There are several consultants required for this work and their fees are listed below. Each consultant will submit a more detailed proposal. KL&A - Structural Engineer — No Charge Katz Company - Kitchen Consultant — No Charge Resource Engineering Group — MEP Engineering - $21,000.00 Schedule • Pre - Design by April 18, 2011 • Permit Application by June 7, 2011 • Construction Documents by July 29, 2011 • Construction Administration starting July 15, 2011 through December 31, 2011 Instruments of Service Drawings, specifications and other documents, including those in electronic form, prepared by us and our consultants are Instruments of Service for use solely with respect to this project. Rowland +Broughton and its consultants shall be deemed the authors of their respective Instruments of Service and shall retain common law, statutory and other reserved rights, including copyrights. Assignment The Owner and Architect, respectively, for and in good and valuable consideration, the sufficiency of which hereby is acknowledged by the Parties, agree that the above - referenced Agreement involves a relationship for services which are sufficiently unique and personal that neither party wishes the other to be able to assign their rights and obligations without the written consent of the other. Insurance The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: • Professional Liability $2,000,000.00 Each Claim / $2,000,000.00 Annual Aggregate Agreed Remedy To the fullest extent permitted by law, the total liability, in the aggregate, of Architect and Architect's officers, directors, employees, agents, and consultants to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Architect's services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of contract or breach of warranty shall not exceed the total compensation received by the Architect under this Agreement, or the total amount of $100,000.00, whichever is greater. Page 2 of 3 Wheeler Restaurant Architectural Agreement 15 April 2011 Payments to Rowland +Broughton Payment for fees and expenses are normally billed monthly and shall be due upon receipt of Rowland +Broughton's invoice. Disputes or questions regarding an invoice shall be brought to Rowland +Broughton's attention within ten days following receipt of invoice, and shall not be cause for withholding payment for the undisputed portion of the invoice. A service charge of 1.5% per month, in addition to reasonable collection expenses, shall be added to balances unpaid 30 days after invoice date. Rowland +Broughton reserves the right to suspend or terminate its services, or withhold its Documents and/or Data without notice, if payment in full is not received within 30 days after invoice date, of which Rowland +Broughton shall not be held liable for any claims or losses that may result there from. In the event Rowland +Broughton commences any arbitration or litigation, including the filing of a mechanic's lien foreclosure action, in order to collect any fees owed by client to Rowland +Broughton, then Rowland +Broughton shall be entitled to recover all costs of collection, including attorneys fees, in the event Rowland +Broughton prevails in recovering any such fees. Reimbursable Expenses The following Reimbursable Expenses incurred by Rowland +Broughton in connection with the Project are not included in the Fee, unless specifically stated in the Agreement: Authorized transportation and out -of town living expenses; voice and data telecommunications; reproduction, shipping and delivery of drawings, specifications, CAD plots and other documents; renderings, models and photography; sales and other transactional taxes; and shall be billed at 1.15 times the amounts invoiced to Rowland +Broughton, or where incurred as in -house costs, at Rowland +Broughton's standard rates, unless otherwise stated in this Agreement. Vehicular travel will be billed as a reimbursable expense at the current federal standard mileage rate. Agreement: This proposal is being provided also as an agreement between the parties as to the scope of work and compensation to be rendered on your behalf and to initiate work. If this proposal suits your needs, please sign below and return. We are looking forward to working with you on this project! Please be in touch with any questions. Sincerely, Sarah Broughton, AIA 1 have read this proposal and agree to the scope and fees outlined. • Jeff Pendarvis or Steve Bossart Date Sarah Broughton, AIA Date Page 3 of 3 Site Visit: June 13, 2011 Report Written: June 16, 2011 Wheeler Opera House Restoration 320 East Hyman Avenue, Aspen, CO 81611 General Contractor Owner Aspen Constructors City of Aspen Ryan Kottyan Scott Miller 970 - 309 -0436 970 - 920 -5085 rkottvan @aspenconstructors.com scott.miller @ci.aspen.co.us Mason Contractor Masonry Consultant , Capital Masonry Rocky Mountain Masonry Institute Dan Difiore Diane Travis 970- 309 -0960 303 - 893 -3838 Difiore911 @aol.com dianet @rmmi.org The construction team for the restoration of the Wheeler Opera House contacted me asking for my advice on their restoration efforts. I agreed to drive to Aspen for a job site visit on June 13, 2011. The Opera House is in remarkably good shape for a building that is 130 years old. It is a load- bearing masonry building built of Colorado sandstone and multiple wythes of brick. The primary facades (on Mill Street and Hyman Avenue) are clad in red sandstone. The west and the alley facades are built of red brick. Interior partitions are also brick bearing walls. Efflorescence on the exterior walls All of the exterior walls were stained with a powdery white residue that is a result of water passing through the walls. This chalky white efflorescence staining the exterior walls will be an on -going problem until you figure out a way to keep the walls bone dry. Water is probably getting in at the parapet caps, at the window sills, at the wide, deteriorating stone water table course and through absorption from the soil. A few open mortar joints also need to be repointed. "- )f ' § .: . — 1 �• 1 �. —.. .. .. In _... Stone sill is spelling The water table course of stone is falling apart. A metal cap can protect soft stone You might be wise to stain the interior face of these efflorescence -prone walls with a translucent white stain that will still allow the walls to breathe but will lighten the walls and will hide future efflorescence. Call Steve Homolka of Brick Imaging for advice here. www.brickimaging.com Metal flashing can help wherever the stone has horizontal exposure (caps and sills). Below grade you need to repoint the joints at the outside face of the wall and then paint on a thick coat of bitumen tar to protect the wall from the water that soaks through the sand surrounding the brick pavers in the sidewalk. You also need to re -slope the sidewalk to encourage water to shed away from the building. Only one of the many stone window sills is spalling. Although the metal flashing is required at the water table course, I think a consolidant could save the stone sill and keep it looking like its neighbors. ProSoCo makes a consolidant called OH Conservare. It strengthens natural stone and replaces the binders that have been stripped away with age. Contact Ed Nagel of ProSoCo to see if Conservare would be an appropriate fix for this sill. 720 - 490 -5922 or edn(ainagelandassociates.net Deterioration in the sandstone water table course above the first floor The deep horizontal ledge in the water table course between the first and second floor is significantly deteriorated. I am guessing that this smooth, even - colored orange stone is Manitou Sandstone from the quarries near Colorado Springs. This stone is no longer available so replacement is not an option. I suggest that you protect this fragile stone by installing a copper flashing above it. The back edge of this flashing should die into a slot ground into the stone wall and filled with sealant. The front edge of this flashing should be bent into a drip edge. Control joint? Although flexible sealant joints are not historically accurate, this building has already cracked in a vertical line that starts at the right hand side of a wide window on the Mill Street facade. Because this crack in the wall is probably quite deep, if you repair this crack with mortar, it will simply crack again. If you grind the joint out 3/8" wide and 1" deep, you can install backer rod and sealant here. The flexible sealant will allow the building to move without cracking and will thus keep moisture out of the wall. els Crack in the wall needs backer rod & sealant Infill panel next to the stairs should be made of brick, block or stone. Masonry Infill at the Exterior Stair The emergency exit stair along the Mill Street Facade is actually in pretty good condition. You need to be sure that the drain at the bottom of the stair is not dogged and you need to replace the wood paneling under the windows with a masonry infill. I don't care if the infill is made of brick or block or stone but it should NOT be wood. Choose a material that is long lasting and that moves the same way the rest of the wall moves in response to changes in temperature. Tuckpointing There are flaws in the mortar joints at both the outside face and the inside face of the wall. You should match the original soft high -lime mortar recipe. Ideally, you should use round river sand if you can locate a source. Use old- fashioned Portland /lime /sand mortar. Do NOT use masonry cement or mason's mix. Do not use additives. Someone mentioned that tuckpointing done in the 90s used a hard mortar mix and the wall is rejecting these inappropriate lines of mortar. If they are falling out of the wall, you should remove them and repoint them. Also, if you are seeing hairline cracks surrounding the repainted joints, this is a sign that they will fail soon. Grind them out and repoint them. If the joints look sound, leave them alone. Running a key over a horizontal joint (with firm pressure) is one way to determine whether or not the joint needs to be replaced. If you see white flakes of mortar jumping out of the joint, repoint it. The team found wood blocking that was originally used to nail the furring and lath to the wall. You can pull these pieces of wood out of the wall or you can leave them in. They are not structurally significant. If you pull them out, repoint the gaps in the mortar joints. Beam pockets and parge coating on brick interior bearing walls There are beam pockets near the floor which once held floor joists. It is acceptable to fill these gaps with mortar mix. If you plan to cover the interior partitions with furring and drywall, don't bother to remove the parge coating of plaster on the brick. It is not harmful and it will not be visible. Infill where the old sewer pipe was removed There is an 8" wide vertical slot in the exterior wall that once held a sewer drainage pipe. You need to infill this slot with materials that are as similar as possible to the original wall. Use saw -cut cubes of sandstone that will fill the gap with only a 3/8" to %" wide mortar joint on the back and both sides. Do not attempt to tooth this into the rest of the wall. Lay the sandstone with bedding planes laid horizontal. Sagging wood lintel above a 6' wide window I saw a 2" thick wood lintel above the high windows near the southeast corner of the building. This lintel was visibly sagging from the weight of the wall above it. Using jacks to raise the floor joists and cutting a slot in the wall, you might be able to slide in a loose 6 x 6 or an 8 x 8 steel angle to help this sad little piece of wood hold up the building. Be sure to get input from your structural engineer on this. You also need to repoint the mortar joints at both ends of this lintel. They are totally void at present. Water repellent coating for exterior stairs I am not a big fan of topically applied water repellents for pavers or stairs because foot traffic just wears away the coating. Consolidants, however, can soak into the stone to provide long lasting water repellency while maintaining breathability. Talk to ProSoCo about the possibilities. Hand rail for exterior southeast stairs New codes require handrails at exterior stairs. Presently, the southeast stair at the Wheeler is grandfathered out of this requirement but if you do any significant repairs, you will have to add a handrail. If you need to add a handrail, keep it as minimal as possible so that it does not interfere with the original design of the building. Although I originally said that you should set the handrail into a hole drilled into the stone and filled with non - shrink grout, I have changed my mind about that detail. After studying the handrails outside our office I have concluded that the least intrusive solution is to weld a 4" x 4" plate at the bottom of the post and use expansion bolts to connect this plate to the stone slabs. Opening up new windows in the exterior wall (alley side) The easiest (cheapest) way to open up a new window in an existing brick load- bearing wall is to install a pair of steel angles in slots cut in the bed joints at the window head. If the wall is 12" thick, use 6 x 6 angles, one from the outside face of the wall and one from the inside face. Bolt the angles together with thru -wall bolts that have the bolt on the outside face of the wall and the nut on the interior. The lintels should have generous bearing points on both jambs. Use galvanized steel that is also protected with rust - resistant paint. These new lintels will be exposed to view but they look kind of industrial and cool. Strip paint from historic masonry walls Although I did not see any painted walls at the Wheeler Opera House, someone on the team asked what products I recommend to strip paint from historic walls. I always recommend chemical strippers and advise against sandblasting or water blasting, both of which can damage historic walls. The chemical strippers are sensitive to temperature and they work better in warm weather. My favorite stripper is Peel Away because it has a formula specifically designed for masonry. Also, it goes on as thick goo that clings to vertical surfaces. Then you cover the goo with paper- backed plastic which keeps the mixture from evaporating. When the chemicals have done their job (1 to 3 days), you peel off the paper and most of the paint peels away with it. This greatly simplifies clean up of lead -based paints, a common problem with historic buildings. Someone asked about residue that clings to the masonry after stripping. I am guessing that you need to hire a crew that is familiar with Peel Away products. Rob Canum who worked for Peel Away for years has recently set up his own stripping company. He knows how to get the most from their products. Contact him at stripman55 @aol.com . Diane Travis Technical Director Rocky Mountain Masonry Institute C r� � CHANGE tortra runs -= ORDER _ OWNER X CONTRACTOR ARCHITECT BANK PROJECT: WheelerTl - Phase 1 CHANGE ORDER NUMBER: 1 DATE: 6/7/2011 CONTRACTOR: ARCHITECT'S PROJECT NO: 21024 ASPEN CONSTRUCTORS INC. CONTRACT DATE: 5/9/2011 319 A.B.C. SUITE GH , ASPEN, COLORADO 81611 CONTRACT FOR: Phase 1 Demo The contract is changed as follows: Coordination and scheduling of Rocky Mountain Masonry Institute per CofA directive to review, inspect and report on masonry condition at the Wheeler Opera House to provide professional recommendations related to the Global Remodel project. Phase 1 Cost Code 01 -260 (No 8.5% P &0 added) $2,200.00 ACI Management of above - (3) PM hours @ $70 /hr + (3) Superintendent hours @ $65 /hr + 8.5% PRO $439.43 • ***NOTE - Credit /Increase to be provided following reciept of RMMI Rep's meal and lodging expenses (est. at $200) Net Change Amount $2,639.43 Not valid until signed by the Owner, Architect and Contractor. The original Contract Sum was $278,568.48 Net change by previously authorized Change Orders $0.00 The Contract Sum prior to this Change Order was $278,568.48 The Contract Sum will be increased (unchanged) by this Change Order in the amount of $2,639.43 The new Contract Sum including this Change Order will be.... $281,207.91 The Contract Time will be unchanged by ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is 1- Jul -11 Aspen Constructors Inc. City of Aspen - c/o Mr. Jeff Pendarvis e .. ' 4 6 319 CONTRACTOR A.B. OWNER 319 A.B.C. Suite GH 320 East Hyman Avenue, Aspc0, CO 81611 ) Aspen, C0 81611 Wheeler Opera Ho se . - ` p y L . :4'. � G!'� 6a N � BY Ryan N. 9:ottyatt (signed digitally) 8Y —La - 4 `( i' DATE lune 9, 2011 DATE July 9, 2011 Page 1 of 4 Ryan Kottyan From: Diane Travis [Dianet @rmmi.org] Sent: Tuesday, June 07, 2011 9:54 AM To: Dan Difiore; Ryan Kottyan; Scott.Miller @ci.aspen.co.us Cc: Nancy Partridge Subject: RE: WHEELER TI - Rocky Mountain Masonry Institute Dan /Scott /Ryan— I just made my reservation at the Molly Gibson. Thanks for the tip. They gave me a good room rate. I plan to leave Denver Monday morning, June 13th and hope to get to Aspen for lunch. Let's meet at the Wheeler Opera House at 2:00 pm on Monday for the site visit. If that does not work well for the team, we could meet later Monday afternoon or first thing Tuesday morning. It is your choice. Please invite all interested parties to join us for the site visit. I can pick up a check for $2000 when I see you on site. Make the check out to Rocky Mountain Masonry Institute. We will send you a final bill (for the hotel and meals) along with the written report. I expect the final bill to be less than $200. Can I have a cell phone number for somebody on the team? I might need to call you if I run into unforeseen travel problems. The news is full of warnings about spring run -off issues like falling rocks and flooding. I am not anticipating problems but 1 want to be able to contact you if I do encounter issues. My cell phone is 303 -250- 8098. Diane Travis, LEED AP Technical Director • Rocky Mountain Masonry Institute 686 Mariposa Street, Denver, CO 80204 Phone: 303 - 893 -3838 Fax: 303 - 893 -3839 E -mail: dianet @rmmi.org Web: www.rmmi.org From: Dan Difiore [mailto:difiore911 @aol.com] Sent: Monday, June 06, 2011 7:30 PM To: Diane Travis Subject: Fwd: WHEELER 11 - Rocky Mountain Masonry Institute Diane June 13/ 14 sounds like the dates. Do we need to send a check or pay you when here? Sent from my iPhone Begin forwarded message: From: "Ryan Kottyan" < rkottyan (a,aspenconstructors.com> Date: June 6, 2011 4:23:06 PM MDT 6/9/2011 Page 2 of 4 To: <difiore911 @a aol.com> Subject: FW: WHEELER TI - Rocky Mountain Masonry Institute Dan, Please schedule RMMI for June 13/14 and have her contact the hotels below for the best deal. The City wants to pass on the seminar at this point. Thanks, Ryan From: Scott Miller [mailto:Scott.Miller @ci.aspen.co.us] Sent: Monday, June 06, 2011 3:55 PM To: Ryan Kottyan; Steve Bossart; Jeff Pendarvis; Scott Wilson; Dana Ganssle; Sarah Boughton forward; Mike Bassi Subject: RE: WHEELER TI - Rocky Mountain Masonry Institute Let's go ahead and use RMMI's services. The city doesn't have a preferred hotel, but our guests usually get good pricing at: • Molly Gibson 1- 888 - 271 -2304 • Mountain Chalet 1- 888 - 925 -7797 As far as hosting a seminar, the cost of hosting and administrating a seminar is probably much more than $200, so let's pass on that. Scott miner Capital Asset Director The City of Aspen Phone:970.920.5085 Fax: 970.920.5119 scot miller@ci.aspen.co.us ---- _- .._______ _�. � -- -- - -- - -- -- ._- - -- - ._._----_.._.-- - -- From: Ryan Kottyan [ mailto: rkottyan @aspenconstructors.com] Sent: Monday, June 06, 2011 3:34 PM To: Steve Bossart; Jeff Pendarvis; Scott Wilson; Scott Miller; Dana Ganssle; Sarah Boughton forward; Mike Bassi Subject: WHEELER TI - Rocky Mountain Masonry Institute ACTION - Review, respond Team, Please see info below. Steve B emailed over the weekend saying "yes" to moving forward with RMMI's site visit and report. To limit expenditures, does the City have any lodging deals in town where we could send Diane? Also, can we agree to schedule the seminar she mentions below to reduce the $2k by $200? This would likely offset the cost of her hotel and dinner... Thanks, Ryan From: Dan Difiore [mailto:difiore911 @aol.com] Sent: Monday, June 06, 2011 11:37 AM To: Ryan Kottyan 6/9/2011 Page 3 of 4 Subject: Fwd: Job Site Visit to Aspen Sent from my iPhone Begin forwarded message: From: "Diane Travis" <Dianet @rmmi.org> Date: June 6, 2011 10:33:42 AM MDT To: <difiore911 @aol.com> f,Artrir– .,MAls ��sr Cc: "Nancy Partridge" <nancy ;rmmi.org >, "Michael Schuller" <mschuller @ana- usa.com> Subject: Job Site Visit to Aspen Dan — Thanks for the call about a job site visit to assess the work that needs to be done at the Wheeler Opera House in Aspen. RMMI charges $200/hour or $1000 /day for my consulting services. (The check goes to Rocky Mountain Masonry Institute, not me). Since it is such a long drive, we need to count on a 2 -day job. The first day I will drive to Aspen and visit the site in the afternoon. The next day I will drive home and write up the report. Since this is an overnight trip, you would also have to pay for meals and a room for the night. If the City has a deal with one of the local hotels, let them make the reservation and I will be happy with whatever accommodation they choose. I would be happy to make the trip but timing is an issue because I will be on vacation in Montana June 28 -July 14. I have 2 windows of opportunity in June: June 13 and 14 or June 22 and 23. If you are willing to wait till I get home from Montana in July, the schedule is pretty open. Name your date in the last 2 weeks of July and I can probably make it. I always encourage folks to have all interested parties attend the job site visit. That way they can bring up a question and everybody hears the answer at the same time. It helps prevent future squabbles if we all start on the same page. It would be appropriate to have the Architect, the Owner, the Building Inspector, the General Contractor and the Mason Contractor there. If people from the local Historic Preservation Board want to attend, that would be fine, too. I give seminars on "Diagnosing Masonry Failure" for Saving Places, the annual convention of Colorado Preservation, Inc., so I am used to speaking to groups. I am pretty good at evaluating old brick and stone buildings and can give advice about flashing and tuckpointing. If, however, you suspect structural issues, you should call Atkinson -Noland in Boulder. They are structural engineers and they have sophisticated testing equipment for non - destructive analysis of historic buildings. Their phone number is 303 - 444 -3620. I put their e -mail address on the CC line above. Diagonal stair -step cracks and bulging, out -of -plane walls are clues that you might have structural issues and should call an engineer, not me. 6/9/2011 4 • M +Sa COPY I A Document G802" - 2007 Amendment to the Professional Services Agreement Amendment Number: 006 TO: Steve Bossart (Owner or Owner's Representative) In accordance with the Agreement dated: January 12, 2009 BETWEEN the Owner: (Name :and address) C1ry i£Aspen • 130 South Galena Street Aspen spe ,,'C0 81611 and the Architect: (Name and address) ' Mills+ Schnoering Architects, LLC 200 Forrestal Road, Suite 3A 'Princeton, NJ 08540 for the Project: .(Same and address) • - ,M +Sall 09013 Wheeler Opera House Expansion 320 East Hyman Avenue Aspen, CO 81611 Authorization is requested ® to proceed with Additional Services. ® to incur additional Reimbursable Expenses. As follows: Customized tenant fitout and multiple permit submissions. See attached Proposal dated May 16, 2011 The following adjustments shall be made to compensation and time. (insert provisions in accordance with the Agreement, or as otherwise agreed by the parties.) Compensation: Compensation shall be a Fixed Fee of Ninety One Thousand, Five Hundred Dollars ($91,500) plus reimbursable expenses at 1.0 times cost. Compensation shall be hourly to investigate existing stair. HPC/P &Z /Council (if required) - Hourly rates at standard rates. _. Tine: Services will be completed by January 1, 2012 AM Docum ent G602 -2007 (formerly G606 — 2000). Copyright W 2000 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This NA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorised reproduction or dlatribution of this NA Document, or any portion of 11, may result in severe chill and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This . document was produced by AIA software at 15:06:54 on 05/17/2011 under Order No.9870143667 1 which expires on 09/12/2011, and is nol for resale. User Notes: (1918120275) SUBMITTED Y: AGREED TO: (Sign metre) (Signature) Michael R. Schnoering, AIA, Partner &) T ?ae T (Printed name and tide) (Printed name and title) Oh". 11,. ft 5 nal, 71 (Date) (Date) • • • • • • • • i AIA Document G802" — 2007 (formerly G606TV — 2000). Copyright 0 2000 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 2 or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:0654 on 05/17/2011 under Order No.9 07014 366 7_1 which expires an 09/12/2011. and is nol for resale. User Notes: (1918120275) 0 I t i i ( s M S a te( \,:, hdills + Schnoering Architects, LLC Architecture • Historic Preservation I Address May 16, 2011 200 Forrestal Road, Suite 3A • Princeton, NJ 08540 Mr. Steve Bossart Project Manager I Telephone Capital Asset Department 6.09.681.2480 City of Aspen '130 South Galena Street Facsimile Aspen, Colorado 81611 609.681.2481 Re: Wheeler Opera House Interior Alterations Web Project No. 0901.5 www.msarchttectsllc.com Dear Steve, Partners Michael J. Milts, FAiA Mills + Schnoering Architects, LLC (M+Sa) requests consideration of our proposal NJ License 041008229 for additional services related to the more extensive work required for a Michael R. Schnoering. AIA complete tenant fit -out of the restaurant and retail spaces at the Wheeler Opera NJ License 1;41012164 House and for some additional exterior work. Anne E. weber, FAIR Our original base proposal included professional services for interior renovations Meredith Arms Bzdah, PhD to both the basement Wheeler administrative and support spaces and for first floor tenant spaces. Several changes to the original terms of the contract have created the need for additional services. , Senior Associates Alison L. Darter, AIA • It was assumed that the tenant spaces would involve only minimal changes to layout, finishes and systems particularly in the bar and kitchen. The City had agreed to provide the tenant(s) with a basic Associates interior shell, while the tenant(s) would be responsible for any required Anelle DiSisto, AtA, LEWD AP customization, special finishes, equipment and furniture. Christa J. Gafhoan, Ala, LEER AP • It was also assumed that the design and construction work for the first floor would be done simultaneously with that in the basement for the Wheeler administrative and support spaces, including permit applications. The final tenant selection is now complete. To simplify coordination and construction as we move forward, it would be desirable for the City to provide the special design work to customize each of the individual spaces using the same team already in place for the base project. This approach would involve the following additional scope of work not originally part of our proposed design • services. For a more complete description please see the attached proposals from Rowland + Broughton (R +B) and Resource Engineering Group (REG). 1. Assistance with the negotiation and preparation of lease agreements for the tenants including lease exhibits. 2. Design and coordination to comprehensively develop and detail a customized layout for each tenant including all architectural components and MEP systems. 3. Separate meetings with each tenant to review progress and design decisions. 4. Code review and documentation for the tenant spaces. 5. Coordination -of design, systems and code among all the proposed users. 6. Review of each tenant's proposed design with the City to obtain approvals. 7. Multiple submissions for building permits. This includes separate demolition and construction permits for each user group space the restaurant, the retail space and the Wheeler basement space. 8. Construction administration including separate site visits, progress meetings, review of pay applications, punchlists and response to contractor questions to cover each of the individual tenants. Additionally the City has asked us to explore some envelope and exterior issues at the Wheeler and to propose design solutions. These issues include: • Addressing the issue of water infiltration beneath the entry stairs which will likely involve the reconstruction of the existing stone and the installation of handrails. It is assumed that no additional structural work will be required to perform an investigation and detail any waterproofing and the reinstallation of the steps. • Incorporating snow melt at the sidewalks around the building is not included at this time. We propose to use Rowland + Broughton and Resource Engineering Group to assist in this work. At this time we do not anticipate that any structural or acoustics consulting will be required. No additional time will be required from Katz, the kitchen consultant. M +Sa will continue to serve as team leader for the project, providing project oversight, administrative support, design review and historic building issue review including design for the new steps. We propose to perform this work for the following fees: Tenant Fitout Fixed Fee of $91,500 Exterior Improvements Hourly for the investigation of conditions only. Fixed fee to be determined after the scope is better understood. Reimbursable expenses for travel, reproduction, long distance communication, etc. will be invoiced at 1.0 times cost as under the base contract. t Please do not hesitate to call if you have any questions. Sincerely, hcL Michael R. Schnoering, AIA Partner Cc: Alison Baxter, AIA Attachments P: \09 \01 Wheeler Opera House Expansion \ Correspondence \Client \Letters \BOSSart Proposal Tenant Fit -out 051611.docx OCN J • b `` o m f Ca m g rowland +broughton `; architecture and urban design a m so v » n o g 16 May 2011 °:) gm- Mike Schnoering 8 m a Mills + Schnoering Architects, LLC • e 200 Forrestal Road, Suite 3A o ^ o Princeton, NJ 08540 m 2 a * Re: Wheeler Restaurant Tenant Improvement — Additional Services 0 . v Dear Mike, Cr0 • N t � Thank you for the opportunity to present you with a proposal for additional services for the coordination and ° o assistance of the tenants for the Wheeler Opera House tenant finish. These additional services listed below ._ m build on the base contract which is to provide a vanilla box to the tenants of both the Art Gallery Retail Space 3 + and the Restaurant. These additional services allow the spaces to be completed through construction with the — selected tenants to ensure that there is full documentation and coordination between all the parties. 0 - Deliverables and Scope of Work - Scope of work below includes meetings with the City and tenant and o • coordination with consultants. G) Lease Negotiations • Review and edits of lease agreements. • Creation of lease exhibits. • Preparation of separate permit packages and construction documentation for the Retail Space, Restaurant and Basement. Lease Scope - Restaurant • Coordination of architectural drawings for Landlord approval. • Coordination of punch list for Landlord prior to tenant occupation. • Specification and coordination of finish material selections and preparation beyond the base vanilla box finishes. • Coordination of kitchen specifications for infrastructure! upgrades. Lease Scope - Retail • Coordination of architectural drawings for Landlord approval. • Coordination of punch list for Landlord prior to tenant occupation. • Specification and coordination or finish material preparation, i.e. flooring and wall finishes. Demolition Permit Application on or around 26 May 2011 for both tenant spaces (this is based on the spaces being vacated on 6 June 2011). Permit Application on or around 21 June 2011 for both tenant spaces • Assemble and prepare required documentation for both tenant spaces: o Architectural Drawings including existing plans, demo plans, proposed plans, existing and proposed reflected ceiling plans, existing and proposed power plans, interior elevations, door and window schedules, finish schedule, plumbing schedule o This scope overlaps both the City of Aspen and the tenant scopes. R +B will serve as a mediator and keep the tenant on task for compiling the appropriate documentation, o City of Aspen Scope: Page 1 of 4 Wheeler Restaurant Architectural Agreement 16 May 2011 • Occupancy Load Diagrams • Egress Diagrams • Repair of building infrastructure: threshold and entry stair • MEP Drawing Coordination of any base building upgrades Construction Documents by 25 July 2011 • Coordination between tenant design and code requirements. • All final coordination with tenants to ensure proper documentation of the spaces. Construction Administration, 15 July 2011- 31 December 2011: • One site meeting a week during construction. There is added time for this weekly site meeting for multiple tenant spaces and the phasing of the overall project. • Review of contractor pay applications. Each space will have their own pay application for review. • Issuance of RFI and ASI as required. Each space will require their own paperwork to be processed. • Separate punch list for each tenant space and one punch list follow -up meeting. Restaurant TI, Coordination and Documentation to ensure a well coordinated vanilla box with all rough - in planned for final build -out by tenant: Schematic Design, through 31 May 2011: • Three design meetings. • Refinement of the restaurant layout. • Interior elevations. • On -going coordination with consultants. Design Development, through 21 June 2011: • Five design meetings. • Interior elevations. • On -going coordination with consultants. Construction Documents, through 25 July 2011: • Three design meetings. • Architectural Drawings, ready for construction including o Proposed Floor Plan o Proposed Dimension Plan o Proposed Furniture Plan o Proposed Reflected Ceiling Plan o Proposed Power Plan o Interior Elevations o Interior Details as required • On -going coordination with consultants. Professional Fee The professional services described in this document will be provided for a fixed fee of $63,500.00 plus the cost of reimbursable expenses. The following rates are based on today's proposal date and can be subject to change after six months from today. Schedule of Hourly Rates: Principal $205.00 Associate $175.00 Sr. Project Manager $140.00 Project Manager $130.00 Project Architect/Designer $120.00 Project Coordinator $95.00 Designer $75.00 Page 2 of 4 • Wheeler Restaurant Architectural Agreement 16 May 2011 Consultants The following consultants are required for this scope of work. There is a separate contract for this scope of services. Resource Engineering Group — MEP Engineering and ComCheck for lighting Schedule • Pre- Design by 18 April 2011 • Demo Permit Application on or around 26 May 2011 • Permit Application on or around 21 June 2011 • Construction Documents by 29 July 2011 • Construction Administration starting 15 July 2011 through 31 December 2011 Instruments of Service Drawings, specifications and other documents, including those in electronic form, prepared by us and our consultants are Instruments of Service for use solely with respect to this project. Rowland +Broughton and its consultants shall be deemed the authors of their respective Instruments of Service and shall retain common law, statutory and other reserved rights, including copyrights. Assignment The Owner and Architect, respectively, for and in good and valuable consideration, the sufficiency of which hereby is acknowledged by the Parties, agree that the above - referenced Agreement involves a relationship for services which are sufficiently unique and personal that neither party wishes the other to be able to assign their rights and obligations without the written consent of the other. Insurance The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: • Professional Liability $2, 000,000.00 Each Claim /$2,000,000.00 Annual Aggregate Agreed Remedy To the fullest extent permitted by law, the total liability, in the aggregate, of Architect and Architect's officers, directors, employees, agents, and consultants to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Architect's services, the Project or this Agreement, from any cause or causes whatsoever, Including but not limited to, negligence, strict liability, breach of contract or breach of warranty shall not exceed the total compensation received by the Architect under this Agreement, or the total amount of $100,000.00, whichever is greater. Payments to Rowland +Broughton Payment for fees and expenses are normally billed monthly and shall be due upon receipt of Rowland +Broughton's invoice. Disputes or questions regarding an invoice shall be brought to Rowland +Broughton's attention within ten days following receipt of invoice, and shall not be cause for withholding payment for the undisputed portion of the invoice. A service charge of 1.5% per month, in addition to reasonable collection expenses, shall be added to balances unpaid 30 days after invoice date. Rowland +Broughton reserves the right to suspend or terminate its services, or withhold its Documents and /or Data without notice, if payment in full is not received within 30 days after invoice date, of which Rowland +Broughton shall not be held liable for any claims or losses that may result there from. In the event Rowland +Broughton commences any arbitration or litigation, including the filing of a mechanic's lien foreclosure action, in order to collect any fees owed by client to Rowland +Broughton, then Rowland +Broughton shall be entitled to recover all costs of collection, including attomeys fees, in the event Rowland +Broughton prevails in recovering any such fees. Page 3 of 4 Wheeler Restaurant - Architectural Agreement 16 May 2011 Reimbursable Expenses The following Reimbursable Expenses incurred by Rowland +Broughton in connection with the Project are not included in the Fee, unless specifically stated in the Agreement: Authorized transportation and out -of town living expenses; voice and data telecommunications; reproduction, shipping and delivery of drawings, specifications, CAD plots and other documents; renderings, models and photography; sales and other transactional taxes; and shall be billed at 1.15 times the amounts invoiced to Rowland +Broughton, or where incurred as in -house costs, at Rowland +Broughton's standard rates, unless otherwise stated in this Agreement. Vehicular travel will be billed as a reimbursable expense at the current federal standard mileage rate. Agreement: This proposal is being provided also as an agreement between the parties as to the scope of work and compensation to be rendered on your behalf and to initiate work. If this proposal suits your needs, please sign below and retum. We are looking forward to working with you on this project! Please be in touch with any questions. Sincerely, Sarah Broughton, AIA I have read this proposal and agree to the scope and fees outlined. Mike Schnoering Date Sarah Broughton, AIA Date Page 4 of 4 IEG roup Resource Engineering Dana Ganssle • Rowland + Broughton Architecture and Urban Design 970.544.9006 • dana@rowlandbroughton.com April 15, 2011 Contract Amendment B: Wheeler Renovation- Tenant Improvement MEP Design Dana: Per your request, I am writing to define additional scope and fee for the tenant improvements at the Wheeler Opera House. Per the Owner's direction, our original scope and fee did not include design time for the tenant improvements required for the restaurant, bar, kitchen and retail spaces located on the first floor. To address this additional design time and complexity we propose the following scope of work and fee as an amendment to our existing contract: Scope of Work • Provide mechanical, electrical and plumbing (MEP) engineering for the tenant improvements. This includes the restaurant, bar and retail spaces. • Specification of kitchen ventilation systems. • Construction assistance (CA) for kitchen and retail spaces, including two site visits. • Electrical power plans for tenant spaces, including coordination with the lighting plans. • Plumbing plans (including kitchen specific issues) for tenant spaces. • Permit documents for tenant spaces, including Comcheck. • This work will be in addition to the scope of work as previously defined in our existing contract and will comply with the requirements of that contract. Fee: We propose to perform this as a fixed fee with the following split: design fee of $15,000 ($5,000 billed during DD and $10,000 billed during CD), and $6,000 for construction assistance. Please have this letter signed and dated by the appropriate party to serve as an addendum to our existing contract. Sincerely, August Hasz, P.E. Approved: Signer Title Date P.O. Box 3725 • Crested Butte CO 81224 USA • tel (970) 349 -1216 fax (970) 349 -1218 • info@reginc.com • www.reginc.com Steve Bossart From: Steve Bossart Sent: Wednesday, April 20, 2011 3:07 PM T Scott Miller Cc: Jeff Pendarvis Subject: FW: 0901.5 Wheeler interior Alterations Mech Proposal Attachments: Bossart- Proposal HVAC Mezz 041811.pdf Scott This is for the added work in the restaurant space. We'II need your signature on this and then we'll keep an accounting as discussed with Randy. 5 From: Alison Baxter fmailto:alisonbefmq- arch.coml Sent: Tuesday, April 19, 2011 1:48 PM To: stevebo @ci.as0en.co.us. Subject: 0901.5 Wheeler interior Alterations Mech Proposal Steve Attached please find a request for additional services to cover the redesign of the equipment and ductwork for the second floor. Please do not hesitate to call if you have any questions. Alison Alison Baxter, AIA Senior Associate alisonb@msarchitectsllc.com 200 Forrestal Road, Suite 3A Princeton, NJ 08540 T: 609.681.2480, x 105 F: 609.681.2481 www.msarchitectslIc.com • M Mills Schnoering Architects, LLC Aic hiiont,Ir-_ = hhSllliC Piesenat This communication is intended only for the use of the individual or entity named as the addressee. It may contain information that is privileged and /or confidential under applicable law. If you have received this communication in error, please immediately notify us at 609.681.2480 or via return Internet email at admin @mserchitectsllc.com and expunge this communication without making copies. Mills + Schnoering Architects, LLC accepts no responsibility for any loss or damage from the use of this message and /or any attachments, including damage from viruses. 1 Page 4 of 4 RMMI can offer the City a savings of $200 if they agree to host an open public seminar for architects and engineers. They can call me to discuss this option. Diane Travis, LEED AP Technical Director Rocky Mountain Masonry Institute 686 Mariposa Street, Denver, CO 80204 Phone: 303 - 893 -3838 Fax: 303 - 893 -3839 E -mail: dianet@rmmi.org Web: www.rmmi.org Email secured by Check Point 6/9/2011