HomeMy WebLinkAboutagenda.hpc.20110914 ASPEN HISTORIC PRESERVATION COMMISSION
REGULAR MEETING
SEPTEMBER 14, 2011— 5:00 P.M.
CITY COUNCIL CHAMBERS
130 S. GALENA
ASPEN, COLORADO
SITE VISIT- 4:30: Please meet at Hotel Jerome, followed by 514 E.
Hyman, Mason and Morse bldg. Please visit 435 W. Main Street on
your own.
I. Roll call
II. Approval of minutes — August 10 and 17 2011
III. Public Comments
IV. Commission member comments
V. Disclosure of conflict of interest (actual and apparent)
VI. Project Monitoring:
VII. Staff comments — (15 min.)
VIII. Certificate of No Negative Effect issued
(Next resolution will be #7 )
I. OLD BUSINESS
A. 130 S. Galena, City Hall — Minor review, mechanical area,
continued Public Hearing (WITHDRAWN)
B. 610 E. Hyman Ave. — continue the public hearing to
November 9th
II. NEW BUSINESS
A. 435 W. Main — Aspen Jewish Community Center,
Substantial Amendment to Major Development Approval
(lhr. 15 min.)
III. WORK SESSIONS:
A. 514 E. Hyman (30 min.)
B. 330 E. Main — Hotel Jerome — Pull -in Referral (30 min.)
7:30 Adjourn
Provide proof of legal notice (affidavit of notice for PH)
Staff presentation
Applicant presentation
Board questions and clarifications
Public comments (close public comment portion of hearing)
Chairperson identified the issues to be discussed
Applicant rebuttal (comments)
Motion
No meeting of the HPC shall be called to order without a quorum consisting
of at least four (4) members being present. No meeting at which less than a
quorum shall be present shall conduct any business other than to continue
the agenda items to a date certain. All actions shall require the concurring
vote of a simple majority, but in no event less than three (3) concurring votes
of the members of the commission then present and voting.
PROJECT MONITORING- Projects in italics are not currently under
construction.
Sarah Broughton 610 W. Hallam
110 E. Bleeker
604 W. Main
222 E. Bleeker
Brian McNellis 132 W. Main
Fox Crossing
332 W. Main
Ann Mullins Deep Powder
Boomerang
604 W Main
300 S. Spring
222 E. Bleeker
Lift One
135 W. Hopkins
Jay Maytin 28 Smuggler Grove
627 W. Main
Red Butte Cemetery
Lift One
920 W. Hallam
Nora Berko 28 Smuggler Grove
Jason Lasser 630 E. Hyman
Boomerang
Lift One
135 W. Hopkins
Red Butte Cemetery
Jamie Brewster McLeod 630 E. Hyman
202 N. Monarch
Willis Pember 508 E. Cooper
M: \city \planning \hpc project monitoring\PROJECT MONITORING.doc
9/7/2011
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Guthrie, Historic Preservation Officer
RE: 435 W. Main Street, Aspen Jewish Community Center- Substantial Amendment
to Major Development Approval- Public Hearing
DATE: September 14, 2011
SUMMARY: The Jewish Resource •
Center Chabad of Aspen requests a
Substantial Amendment to the Major
Development approval granted by HPC
on November 14, 2007. The property is a
designated landmark and is located within
the Main Street Historic District. There •
are 9 historic cabins on the site, along 11 ft
Third Street and the alley, 9 cabins built - t -�
along Main Street in the 1990s, and a
non - contributing residential structure.
The review process for this project began in early 2004. Approval was granted after a lengthy
study of numerous possible configurations for the program desired by the applicant, which
includes removal of all existing development except for 6 historic cabins, and construction of a
sanctuary, a pre- school, community meeting spaces, library, and offices. The preserved historic
cabins are to be used for affordable housing and lodging. Three other cabins have been approved
for off -site relocation, with their final landing site yet to be determined.
Following the HPC review, the project went on to P &Z and Council, who granted Growth
Management Exemptions, Parking requirements and Historic Designation. Vested rights, which
is the 3 year time period when the approval is protected from most changes that may be adopted
(except for amendments to the Building Code, and some other life /safety issues) were extended
by City Council in 2010 and will expire in 2013.
The request before HPC is for amendments to architecture and site design. If passed, the new
plan would replace the earlier development order and would establish a new period of vested
rights that would expire in 2014. While the attached packet includes the concept of a phased
construction plan that might result in construction of approximately 1/3 of the originally planned
facility at some undetermined point in the future, the packet does not clearly represent the
appearance of Phase 2. Staff has informed the applicant that further HPC review would be
required. There will be no entitlement for Phase 2 left in place. The applicant is invited to bring
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additional drawings to HPC to depict the future phase if the development rights are to be
retained.
Staff finds that Substantial Amendment to Major Development Approval for 435 W. Main Street,
Aspen Jewish Community Center, meets the review criteria with conditions.
APPLICANT: The Jewish Resource Center Chabad of Aspen, represented by Arthur Chabon,
architect and Alan Richman Planning Services.
PARCEL ID: 2735- 124 -81 -001.
ADDRESS: 435 W. Main Street, Lots A -I, Block 38, City and Townsite of Aspen, Colorado.
ZONING: MU, Mixed Use.
MAJOR DEVELOPMENT- SUBSTANTIAL AMENDMENT
Land Use Code Section 26.415.070.E.2: Substantial Amendment: All changes to approved
plans that materially modify the location, size, shape, materials, design, detailing or appearance
of the building elements as originally depicted must be approved by the HPC as a substantial
amendment.
The HPC will review the application, the staff analysis report and the evidence presented at the
hearing to determine the project's conformance with the City of Aspen Historic Preservation
Design Guidelines. The HPC may approve, disapprove, approve with conditions or continue the
application to obtain additional information necessary to make a decision to approve or deny.
Staff Response: The purpose of this review is to analyze the extent of the changes relative to the
approved plans and determine how the proposed revisions affect the project's conformance with
the design guidelines. The review is a consideration of what has changed. There are relatively
few design guidelines that are applicable to the amendments. They are listed in Exhibit A.
Architecturally, the project is changed due to the relocation of the main entry from a courtyard at
the center of the property to the west end of the primary building. This brings the front door
closer to the street and meets the following guideline:
12.1 Respect historic settlement patterns.
❑ Site a new building in a way similar to historic buildings in the area. This includes
consideration of building setbacks, entry orientation and open space.
The project is also changed through the simplification of detailing, and reduced use of stone
veneer. Staff finds that the revisions provide better compliance with the following guideline:
2
12.17 Use building materials that are similar to those used historically.
o When selecting materials, reflect the simple and modest character of historic materials and
their placement.
t
The site plan is proposed to be altered by relocating a pre - school playground from the west end
of the site to the middle of the site. The playground is a requirement for childcare centers and
must have certain size characteristics and other features.
At Final review in 2007, the stone wall surrounding the playground was debated. Staff finds that
the revised design is an improvement, particularly because the wall is now proposed to include
segments of wrought iron that allow some transparency. However, the wall exceeds the 6'
maximum height limit.
The play area is a raised platform that matches the floor level of the new building. As the grade
drops off towards downtown, the wall that surrounds the playground reaches a height of
approximately 9' on the eastern boundary. This is nearly the eave height of the closely adjacent
historic structures. Staff is concerned with this relationship. The playground must be restudied
to reduce the wall to 6' from natural grade at all points. This revision could be addressed by
Staff and monitor, rather than the full board.
Staff supports the application for Substantial Amendment to the Major Development approval.
We find the project to be a better fit with the historic district and the designated cabins. The
applicant's work to make many areas of the main structure multi - purpose and to either delay or
perhaps eventually forgo the eastern wing is appreciated.
The attached resolution retains conditions of approval from the previous final review, includes a
new condition related to the playground, and a proposed re- wording of the condition related to
off -site relocation of 3 historic structures.
HPC approved the off -site relocation of three cabins as follows:
Final resolution of Relocation should be delayed until a site has been determined. To the
extent that a new location site remains unresolved, this will not affect permit review and
issuance, although an approved relocation site is ultimately a requirement.
Since this condition was created, both the applicant and the City have experienced the difficulty
of securing off -site locations for small structures. The applicant has requested that HPC allow
relocation outside of the community. Staff recommends that the applicant be required to run
advertisements in Aspen newspapers twice in an effort to find a site within the City of Aspen for
one or more of the buildings to be moved intact. If that is unsuccessful for any or all of the
cabins, we recommend they be required to run two advertisements in Aspen newspapers offering
the remaining buildings for salvage of materials. If that is unsuccessful, we recommend that they
be permitted to dispose of the remaining buildings as they see fit. Working to move the cabins
3
outside of town may be reasonable in terms of not land - filling useful structures, but staff does not
•
view it as an effort that has historic preservation value to Aspen.
RECOMMENDATION: Staff recommends HPC grant a Substantial Amendment to Major
Development Approval for 435 W. Main Street, Aspen Jewish Community Center subject to the
following relevant conditions established via HPC Resolutions 5 and 40, Series of 2007:
1. The historic cabins are to have wood shingle roofs.
2. Alternative exterior light fixtures for the historic cabins must be provided for review
and approval by staff and monitor.
3. The applicant is to study providing more green space around the base of the historic
cabins, minimizing hardscape that meets the foundation of these buildings.
4. A structural report demonstrating that the buildings can be moved and /or information
about how the cabins will be stabilized must be submitted with the building permit
application.
5. A bond or letter of credit in the amount of $15,000 for each cabin must be submitted
with the building permit application to insure the safe relocation of the structures.
6. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application.
7. The original chimneys on the cabins should be carefully documented and
reconstructed using the same material.
8. HPC staff and monitor must approve any changes with regard to the type and location
of exterior lighting fixtures by reviewing a plan prior to wiring, purchasing, or
installing the fixtures.
9. Information on all venting locations and meter locations not described in the approved
drawings shall be provided for review and approval by staff and monitor when the
information is available.
10. There shall be no deviations from the exterior elevations as approved without first
being reviewed and approved by HPC staff and monitor, or the full board.
11. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
12. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation
Officer prior to applying for the building permit.
13. The General Contractor and /or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
14. The stone sample and mock -up provided, which is described as "Comanche ", from
Pueblo, Colorado, is approved for the new structure.
15. The use of cement board siding for the new structure is approved.
Staff recommends that the following new condition be added:
4
The playground area will be redesigned so that the surrounding wall is no more than 6 feet
tall, measured from natural grade, to be reviewed and approved by staff and monitor.
Staff recommends that the condition regarding off -site relocation of three cabins be as shown
below:
The applicant is required to run advertisements in Aspen newspapers twice in an effort to
find a site within the City of Aspen site for one or more of the buildings to be moved intact.
If that is unsuccessful for any or all of the cabins, the applicant will be required to run two
advertisements in Aspen newspapers offering the remaining buildings for salvage of
materials. If that is unsuccessful, the applicant is permitted to dispose of the remaining
buildings as they see fit. This process must be fully completed before issuance of a
Certificate of Occupancy for Phase 1.
The HPC may:
• approve the application,
• approve the application with conditions,
• disapprove the application, or
• continue the application to a date certain to obtain additional information necessary
to make a decision to approve or deny.
RECOMMENDED MOTION: "I move to approve Resolution # , Series of 2011.
Exhibits:
Resolution # , Series of 2011
A. Relevant guidelines
B. Current application
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"Exhibit A: Relevant Design Guidelines for 435 W. Main Street, Substantial Amendment"
1.3 A new replacement fence should have a "transparent" quality allowing views into the
yard from the street.
❑ A fence that defines a front yard is usually low to the ground and "transparent" in nature.
❑ On residential properties, a fence which is located forward of the front building facade may
not be taller than 42" from natural grade. (For additional information, see the City of Aspen's
"Residential Design Standards ".)
❑ A privacy fence may be used in back yards and along alleys, but not forward of the front
facade of a building.
❑ Note that using no fencing at all is often the best approach.
❑ Contemporary interpretations of traditional fences should be compatible with the historic
context.
1.4 New fence components should be similar in scale with those seen traditionally.
❑ Fence columns or piers should be proportional to the fence segment.
1.13 Revisions or additions to the landscape should be consistent with the historic context
of the site.
❑ Select plant and tree material according to its mature size, to allow for the long -term impact
of mature growth.
❑ Reserve the use of exotic plants to small areas for accent.
❑ Do not cover grassy areas with gravel, rock or paving materials.
1.14 Additions to the landscape that could interfere with historic structures are
inappropriate.
❑ Do not plant climbing ivy or trees too close to a building. New trees should be no closer than
the mature canopy size.
❑ Do not locate plants or trees in locations that will obscure significant architectural features or
block views to the building.
❑ It is not appropriate to plant a hedge row that will block views into the yard.
12.1 Respect historic settlement patterns.
❑ Site a new building in a way similar to historic buildings in the area. This includes
consideration of building setbacks, entry orientation and open space.
12.5 Provide a walk to the primary building entry from the public sidewalk.
12.9 Orient a new building in a manner that is similar to the orientation of buildings
during the mining era, with the primary entrance facing the street.
❑ The building should be oriented parallel to the lot lines, maintaining the traditional grid
pattern of the block.
❑ A structure should appear to have one primary entrance that faces the street. The entrance to
the structure should be at an appropriate residential scale and visible from the street.
12.17 Use building materials that are similar to those used historically.
❑ When selecting materials, reflect the simple and modest character of historic materials and
their placement..
6
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING APPROVAL FOR A SUBSTANTIAL AMENDMENT TO MAJOR
DEVELOPMENT APPROVAL FOR THE PROPERTY LOCATED AT 435 W. MAIN
STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. _, SERIES OF 2011
PARCEL ID: 2735- 124 -81 -001
WHEREAS, the applicant, Jewish Resource Center Chabad of Aspen, represented by Arthur
Chabon Architect and Alan Richman Planning Services, has requested a substantial amendment
to Major Development approval granted for the property located at 435 W. Main Street, Lots A -I,
Block 38, City and Townsite of Aspen; and
WHEREAS, for approval of an amendment, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine that Section 26.415 of the
Municipal Code, is met; and
WHEREAS, Amy Guthrie, in her staff report dated September 14, 2011, performed an analysis
of the application based on the standards, found that the review standards were met, and
recommended approval; and
WHEREAS, at their regular meeting on September 14, 2011, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and approved the application by a vote of _ to
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves a substantial amendment to Major Development approval for 435 W.
Main Street with the following conditions:
1. The historic cabins are to have wood shingle roofs.
2. Alternative exterior light fixtures for the historic cabins must be provided for review
and approval by staff and monitor.
3. The applicant is to study providing more green space around the base of the historic
cabins, minimizing hardscape that meets the foundation of these buildings.
4. A structural report demonstrating that the buildings can be moved and /or information
about how the cabins will be stabilized must be submitted with the building permit
application.
5. A bond or letter of credit in the amount of $15,000 for each cabin must be submitted
with the building permit application to insure the safe relocation of the structures.
6. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application.
7. The original chimneys on the cabins should be carefully documented and
reconstructed using the same material.
8. HPC staff and monitor must approve any changes with regard to the type and location
of exterior lighting fixtures by reviewing a plan prior to wiring, purchasing, or
installing the fixtures.
9. Information on all venting locations and meter locations not described in the approved
drawings shall be provided for review and approval by staff and monitor when the
information is available.
10. There shall be no deviations from the exterior elevations as approved without first
being reviewed and approved by HPC staff and monitor, or the full board.
11. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
12. The applicant shall be required to provide the contractor with copies of the HPC
•
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation
Officer prior to applying for the building permit.
13. The General Contractor and /or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
14. The stone sample and mock -up provided, which is described as "Comanche ", from
Pueblo, Colorado, is approved for the new structure.
15. The use of cement board siding for the new structure is approved.
16. The playground area will be redesigned so that the surrounding wall is no more than 6
feet tall, measured from natural grade, to be reviewed and approved by staff and
monitor.
17. The applicant is required to run advertisements in Aspen newspapers twice in an
effort to find a site within the City of Aspen site for one or more of the buildings to be
moved intact. If that is unsuccessful for any or all of the cabins, the applicant will be
required to run two advertisements in Aspen newspapers offering the remaining
buildings for salvage of materials. If that is unsuccessful, the applicant is permitted to
dispose of the remaining buildings as they see fit. This process must be fully
completed before issuance of a Certificate of Occupancy for Phase I.
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of September,
2011.
Approved as to Form:
Jim True, Special Counsel
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Ann Mullins, Vice Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
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August 18, 2011
Ms. Amy Guthrie, Historic Preservation Officer
City of Aspen
130 South Galena Street
Aspen, CO 81611
RE: AMENDMENT TO APPROVED PLANS FOR ASPEN JEWISH COMMUNITY
CENTER
Dear Amy,
This is an application for an amendment to the final development approvals previously
granted to the Aspen Jewish Community Center. The purpose of the amendment is to
establish a phased development program so the applicant can move forward with Phase
1 of the project at this time, leaving Phase 2 to a later date.
The property on which the development is proposed to occur is Lots A through I, Block
38, City and Townsite of Aspen (more commonly known as 435 West Main Street). It is
approximately 26,981 sq. ft. in size and is zoned Mixed Use (MU). A vicinity map locating
this property within the City of Aspen has been provided.
The subject property is owned by The Jewish Resource Center Chabad of Aspen ( "the
applicant"). Proof of the ownership of the property is provided by Exhibit #1, the general
warranty deeds. A letter from Rabbi Mendel Mintz of the Jewish Resource Center
authorizing Alan Richman Planning Services and Arthur Chabon Architects to submit this
application is attached as Exhibit #2.
An improvement survey, depicting the configuration of the cabins and other key features
on the property has also been provided. The property is improved with a small lodge
comprised of 18 cabins, known as L'Auberge. There is also a building located on the
Fourth Street side of the property that was formerly occupied as a residence. This
building has been used by the applicant for the last several years for Jewish studies and
religious services.
The applicant held several pre - application meetings with staff prior to the submission of
this application. A pre - application conference summary was issued by the staff (see
Exhibit #3, Pre - Application Conference Summary). This document indicates that the
proposal is considered to be a substantial amendment of a major development approval
pursuant to Section 26.415.070E of the Aspen Land Use Regulations.
Ms. Amy Guthrie
August 18, 2011
Page Two
The following sections of this application identify the provisions of the Aspen Land Use
Regulations that apply to this proposal and provide responses to the applicable
standards. First, however, a brief summary of the prior approvals granted to this project
is provided.
Summary of Prior Approvals
The applicant spent eighteen months working with the HPC on conceptual designs for
this property. Formal public hearings or scheduled work sessions were held with the
HPC in February, July, and October of 2004, and January, February, April, June, and
August of 2005, at which time conceptual approval for a new Jewish Community Center
project was granted pursuant to HPC Resolution 31, Series of 2005.
Following completion of the HPC conceptual review process the applicant submitted a
land use application for review by the Planning and Zoning Commission and City Council.
The application requested designation of the property as an historic landmark, growth
management review for an essential public facility and for affordable housing, special
review to establish the parking requirements, and subdivision review. The P&Z
recommended that City Council approve the project pursuant to Resolution No. 24, Series
of 2006, approved on July 18, 2006. City Council then approved the project pursuant to
Ordinance 36, Series of 2006 on September 25, 2006 (see Exhibit #4).
The applicant then returned to HPC to obtain final approval of a major development. This
approval was granted pursuant to HPC Resolution 5, Series of 2007 (see Exhibit #5).
HPC later granted a side yard setback variance to the project pursuant to Resolution 31,
Series of 2007 (see Exhibit #6). Finally, HPC granted approval of an amendment to the
final approval pursuant to Resolution 40, Series of 2007 (see Exhibit #7). This
amendment provided detailed responses to many of the conditions established in
Resolution 5 of 2006 and also proposed a reduction in the size of the approved project.
The approved project design includes an eastern wing and a western wing, connected
by a central lobby and courtyard. The western wing, along Fourth Street, was approved
to contain a religious sanctuary, a pre - school with an outdoor play space, administrative
offices, religious classrooms and a library. The eastern wing, along Third Street, was
primarily to be used as a social hall.
The approved project also had six of the nine remaining original cabins remaining in
place. Three cabins along Third Street would be used as affordable housing, while three
cabins along the alley would used as guest lodging. The other three original cabins were
approved to be relocated off-site, to a location that was left to be determined.
Ms. Amy Guthrie
August 18, 2011
Page Three
The project that was originally approved by City Council and HPC was for a building that
was slightly less than 20,000 sq. ft. in size, including both public uses and affordable
housing. The amended project was several thousand square feet smaller, at a size of
approximately 17,310 sq. ft. Reducing the size of the building allowed the eastern wing
to be shifted away from the affordable housing units, creating some additional space
around the historic resources on -site.
Once the necessary approvals were in place the applicant recorded the subdivision plat
and agreement and applied for a building permit for the project. However, by that time
the economy was beginning to slow down and descend into the recession. It became
apparent that funding for the project would not be available and so the applicant
withdrew the building permit application.
More recently, the applicant applied for an extension of the vested rights for the project.
City Council extended the vested rights to March 1, 2013 pursuant to Resolution 17,
Series of 2010 (see Exhibit #8) providing the applicant with additional time to initiate
project construction.
Proposed Amendments to Approvals
The applicant now proposes to split the eastern wing of the project and the western wing
of the project into two separate phases, to allow the western wing to be built immediately.
The connecting lobby and the eastern wing would be built at a still to be determined later
date, when demand for the additional space necessitates its construction.
The attached drawings show the site plan for the first phase and the second phase.
Floor plans, building elevations and perspectives, and a landscape plan for the first phase
of the development are also provided.
Following are some of the major similarities and minor differences between the approved
plans and the proposed amended plans:
1. The plan approved in 2007 consisted of approximately 17,310 sq. ft of floor area
above ground within the new building and the cabins. The plan that is now being
presented involves a slightly smaller total floor area of approximately 17,100 sq. ft.
of above grade space. The approximate breakdown of above ground space in the
proposed project is as follows:
1st phase building = 10,550 sq. ft
6 cabins = 1,975 sq. ft.
2nd phase addition = 4,575 sq. ft.
Ms. Amy Guthrie
August 18, 2011
Page Four
2. The footprint of the proposed first phase would be similar to, but slightly smaller
than the footprint of the approved plan for the eastern wing. The drawing entitled
"Approved and Proposed Phase 1" shows the approved footprint (dark tint)
compared to the proposed footprint (lighter tint). Generally, the proposed footprint
fits within the limits of the approved footprint, except for two stairways that would
be located at the rear of the building. For the most part, however, the proposed
footprint is either the same as, or slightly smaller than, the approved footprint.
3. The approved plan had a play area for the pre - school along the Fourth Street
property frontage. The proposed plan moves this play area internal to the site,
immediately to the east of the proposed building.
4. Both plans show the parking /drop -off area along the alley. Both plans also show
the preservation of six of the nine original cabins along Third Street and along the
alley, with no change in the uses planned for the cabins. The proposed plan will
establish a large open area in front of the cabins, reminiscent of the open motor
courtyard that once existed in front of the Swiss Chalet Lodge. This open area will
eventually be replaced with the phase 2 building when that addition is built.
5. The elevations of the approved western wing and the proposed western wing are
similar in mass and materials. Both use cement board siding and stone materials
along the exterior of the building. There is proposed to be less stone along the
lower portion of the building as compared to the proposed design. The amended
design also removes some of the excess ornamentation from the building (such
as the timber accents) to create a simpler building. All of these changes should
allow the building to fit well with the neighboring buildings along Main Street.
6. The floor plan for the amended western wing accommodates most of the uses
planned for the entire original approved building. The social hall, which previously
would have been located in the eastern wing, is now planned for the second floor
of the western wing. The sanctuary would be quite a bit smaller than originally
planned, but can be expanded for special events when it is combined with the
social hall. The amended floor plan contains just two pre - school classrooms
where the original plan had three class rooms and no longer includes a library.
These amendments are an effort by the applicant to address the new economic realities
that so many projects must respond to these days. It would build a project that meets
the needs of this congregation today while providing an opportunity for it to grow into the
future. The proposal provides for a much more efficient use of the space within the
building as compared to the approved project. It allows all of the necessary functions to
be accomplished within a smaller, more manageable building. This will provide the
desired community benefits from the public uses but with lesser development impacts.
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Ms. Amy Guthrie
August 18, 2011
Page Six
Responses to Applicable HPC Guidelines
According to Section 26.415.070 E of the Land Use Code, for HPC to approve the
amendment, it must find that the project complies with the City's Historic Preservation
Guidelines. Following are the applicant's responses to the standards for final review of
a building in the Main Street Historic District.
7.16 Use building components that are similar in size and shape to those of the
Victorian era residences seen traditionally on Main Street.
Response: The mass of the building has been broken into smaller components that
make it compatible with the surrounding residential and commercial structures. The
proposed windows and doors are appropriate for this public building, without becoming
too ornate or overwhelming in this historic district.
7.17 The imitation of older historic styles is discouraged.
Response: The building is a contemporary structure that does not imitate older historic
styles. The more ornate elements of the previously- approved design have been removed.
7.18 The retail entrance should be at the sidewalk level.
Response: There is a primary entrance to this building along Main Street. It will be
located just a couple of steps above sidewalk level.
7.19 Incorporate an airlock entry into the plan for all new structures.
Response: The applicant does not plan to have an airlock entry to this public building.
7.20 Use building materials that are similar to those used historically.
Response: The primary exterior building materials will be cement board and "Comanche"
stone. These are the exterior materials that HPC has previously approved for this
building. As shown on the elevations and perspectives, the proposed design uses more
of the board and less of the stone along the lower portion of the building as compared
to what was previously approved. The applicant believes that reducing the amount of
stone used on the building is consistent with suggestions made by some HPC members
during the review of the final design for the project in 2007.
7.21 Use roofing materials that are similar in appearance to those seen historically.
Response: The roof will be made of metal, which is the same material as was approved
for the prior design and is an appropriate, low maintenance material for this building.
Ms. Amy Guthrie
August 18, 2011
Page Seven
7.22 Landscaping and paving should enhance the street scene; integrate the
development with its setting; and reflect the quality of the architectural materials.
Response: The landscape plan proposes a diverse mixture of deciduous and evergreen
trees that will be planted and preserved to enhance the street environment around the
building. New plantings include cottonwood, green ash and bristlecone pine trees. Trees
being preserved include some very mature evergreen and deciduous specimens. The
lilac bushes in the southwestern corner of the property will also be preserved and will be
augmented with additional lilac bushes, other shrubs, and ornamental trees.
The proposed courtyard along Fourth Street will enhance the street scene by creating an
outdoor plaza for religious and social events. This will integrate the activities that take
place inside of the Community Center with the broader Aspen community. The outdoor
playground will invigorate the neighborhood by allowing children to play outdoors within
a safe environment that will be enclosed by a low stone wall.
7.23 Landscaping should create a buffer between the street and sidewalk.
Response: The applicant spent considerable time working with the Parks Department
to perfect the original landscape plan for this property. The decisions that were made
previously with regard to the street trees that are to be preserved, the pattern of new
street tree planting and the relationship between the trees, the sidewalk and the open
irrigation ditch have been incorporated into this amended application.
Each of the existing street trees that will be preserved are identified on the landscape
plan. The plan also shows that along Main Street, the ditch will generally run along the
outside of the property and the sidewalk will run along the inside of the property, creating
a landscape buffer between the street and the sidewalk. However, this relationship is
reversed in front of the building, where the sidewalk has been separated by a few steps
from the front entrance to the building, so a prominent building entry can be established
along Main Street, while also allowing two large trees near Fourth Street to be saved.
Conclusion
The above responses and the attached exhibits and drawings provide the materials you
need to process this application. Please let me know if there is anything else you require.
Very truly yours,
lA AN RICHMAN PLANNING SERVICES
e
Ia n Richman, AICP
EXHIBITS
. CITY of ASPEN 5
— • •, CITY OF ASPEN EXEMPT FROM HRETT
. EXEMPT FROM WRETT DATE REP No. EXHIBIT #1
DATE REP- N'(8
{, E3 e) 4/f�104 4863
Recording requested by:
The Jewish Resource Center Chabad of Aspen
When recorded, mail to:
The Jewish Resource Center Chabad of Aspen
c/o Menachem Mintz
104 Robinson Road
Aspen, Colorado 81611
GENERAL WARRANTY DEED
ALH HOLDING COMPANY- GUNNISON ( "Grantor "), with an address of
435 East Main Street, Aspen, Colorado 81611, for Ten Dollars and
no /100 ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, hereby
- bargains, sells and conveys to THE JEWISH RESOURCE CENTER CHABAD
OF ASPEN, whose address is c/o Menachem Mintz, 104 Robinson Road,
Aspen, Colorado 81611, the real property situated in Pitkin
County, Colorado, described as follows:
CABIN UNITS 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28 AND 29, L'AUBERGE D'ASPEN
CONDOMINIUMS, according to the Plat thereof recorded March
21,2000 in Plat Book 52 at Page 81 and as defined and
_ described in the Amended and Restated Declaration of
Conditions, Covenants and Restrictions for L'Auberge D'Aspen
1 recorded June 15, 2001 as Reception No. 455538
L
0 together with all its appurtenances and WARRANTS the title against
JJ all persons, subject to those items set forth on Exhibit A attached
J. hereto and incorporated herein by this reference.
_ S. Dated: April 11 , 2004
1i. GRANTOR:
C ALH HOLDI � y G CCOMPANY- ISON, a
Colyd c a
By: / /�` / l/ / 7
Mic ael D. is ield, as attorney in
fact for ee'__ elt
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/ //�� iJ_ „r Alm /,bu t r - 6,..IN'Mn
STATE OF (.(� I ofe S0 )
) es.
COUNTY OF P rikm )
,— The foregoing instrument was acknowledged before me April J],
2004 by Michael D. Haisfield, as attorney in fact for Audrey—Lea
ILt fic1J, ILe#3ent° -of ALH Holding Cgpany- Gunnison, a Colorado
corporation.
My commission expires )( 1 67 _
Witness my hand and official sea .
Notary Public
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TRANSFER DECLARATION RECEIVED 04/16/2004
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EXHIBIT A TO GENERAL WARRANTY DEED
1
Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at
Pages 273, 316, 530 and flags 536 and In Book 79 at Page 61, providing as follows "That no title shall
be hereby acquired to any mine of gold, silver, cinnabar or copper or tb any valid mining claim or .
possession held under existing laws'
it
Easements, nghts of way and all matters as disclosed on Plat of Perkins Subdivision recorded August 14,
J 1980 in Plat Book 10 at Page 25 and Condominium Plat of L'Auberge D' Aspen recorded March 21, 2000
in Plat Book 52 at Page 81.
, Terms, conditions, obligations and provisions of Statement of Exemption from the Definition of
d4 Subdivision for Perkins Subdivision as set forth In instrument recorded July 11, 1980 in Book 391 at Page
`8 574
(k, Terms, conditions, obligations and provisions of Subdivision Agreement as set forth in instrument
recorded August 14, 1980 in Book 393 at Page 49
1
Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of
County Commissioners recorded June 10, 1996 as Reception No. 393526 as Resolution No 95 -50
- Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 29, Serves of 1995
by Aspen City Council recorded July 24, 1996 in Book 788 at Page 43.
e Terms, conditions, provisions, obligations, easements, restnctions and assessments as set forth in the
Condominium Declaration for L'Auberge D' Aspen recorded June 15, 2001 as Reception No. 455538,
deleting therefrom any restrictions indicating preference, limitation or discnmination based on race, color,
j: religion, sex, handicap, familial status or national origin
• •
.
i Page: 2 ,' LJJ I IIII I I III 4965 11 R 11.00 D 506.36
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® CITY OF ASPEN DR FASPE'M
EXEMPT FROM WRETF EXEMPT FROM KRETT
DATE REP / N0. DATE REP G" NO. q iS
41 Recoraa requested by: 1�L1oY
The Jewish Resource Center Chabad of Aspen
41 When recorded, mail to:
The Jewish Resource Center Chabad of Aspen
® c/o Menachem Mintz
104 Robinson Road
• Aspen, Colorado 81611
® GENERAL WARRANTY DEED
® AUDREY LEA HAISFIELD ( "Grantor "), with an address of 3204
Midway Pike, Versailles, KY, for Ten Dollars and no /100 ($10.00)
and other good and valuable consideration, the receipt and
i sufficiency of which are hereby acknowledged, hereby bargains,
7 sells and conveys to THE JEWISH RESOURCE CENTER CHABAD OF ASPEN,
whose address is c /o. Menachem Mintz, 104 Robinson Road, Aspen,
Colorado 81611, the real property situated in Pitkin County,
4 1 Colorado described as follows:
41 " HOUSE UNIT A, L'AUBERGE D'ASPEN CONDOMINIUMS, according to
the. Plat thereof recorded March 21,2000 in Plat Book 52 at
S Page 81 and as defined and described in the Amended and
Restated Declaration of Conditions, Covenants and
41 Restrictions for L'Auberge D'Aspen recorded June 15, 2001 as
Reception No. 455538
together with all its appurtenances and WARRANTS the title against
OP `• all persons, subject to those items set forth on Exhibit A attached
hereto and incorporated herein by this reference.
Dated: April a, 2004
OP
; 7 Mi as attorney n
fact for Audrey Lea Haisfield
41 STATE OF ( O 0 ) sa.
OP COUNTY OF t I )
. The foregoing instrument was acknowledged before me April 1 1.
2004 by Michael D. Haisfield, as attorney in fact for Audrey Lea
41 Haisfield.
•
OP My commission expires II 1/0 1
Witness my hand and official se- .
41 •- .. _. _.__ _e0._. -
III Notary Public
2805 \2GWD.02
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SILVIA DAVIS MUM COUNTY CO R s
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I EXHIBIT A TO GENERAL WARRANTY DEED i
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I , R eservations and exceptions as set forth in the Deed from the City of. Aspen recorded in Book 59 at i
li Pages 273, 316, 530 and Page 536 and In Book 79 at Page 61, providing as follows' 'That no title shall i
be hereby acquired to any mine of gold, silver, cinnabar or copper Or tb any valid mining claim or
lip
Ii possession held under existing laws' i
Easements, rights of way and all matters as disclosed on Plat of Perkins Subdivision recorded August 14,
II 1980 in Plat Book 10 at Page 25 and Condominium Plat of L'Auberge 0' Aspen recorded March 21, 2000
in Plat Book 52 at Page 81. i
i Terms, conditions, obligations and provisions of Statement of Exemption from the Definition of i
Subdivision for Perkins Subdivision as set forth In Instrument recorded July 11, 1980 in Book 391 at Page
L 574 i
li
l. i Terms, conditions, obligations and provisions of Subdivision Agreement as set forth in instrument
recorded August 14, 1980 in Book 393 at Page 49 i • • i i
Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of
I County Commissioners recorded June 10, 1996 as Reception No. 393526 as Resolution No 95 -50 I
Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 29, Series of 1995 i
by Aspen City Council recorded July 24, 1995 in Book 758 at Page 43. I
Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth In the i
Condominium Declaration for L'Auberge D' Aspen recorded June 15, 2001 as Reception No. 455538, I
deleting therefrom any restrictions indicating preference, limitation or discnmination based on race, color,
religion, sex, handicap, familial Status or national origin I
1
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EXHIBIT #2
Ms. Amy Guthrie, Historic Preservation Officer
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: LETTER OF AUTHORIZATION FOR ASPEN JEWISH COMMUNITY CENTER
Dear Amy,
The Jewish Resource Center of Aspen is the owner of Lots A through I, Block 38, City
and Townsite of Aspen, also known as 435 West Main Street. I hereby authorize Alan
Richman Planning Services and Arthur Chabon Architects to submit an application to
amend the HPC approvals previously granted to this property so we can phase the
construction of the Jewish Community Center. Mr. Richman and Mr. Chabon are
authorized to submit this application on our behalf and to represent us in meetings with
staff and the applicable decision- making bodies.
Should you have any need to contact us during the course of your review of this
application please do so through Alan Richman Planning Services, whose address and
telephone number are included in the application.
Sincerely,
�._ ,
Rabbi Mendel
Jewish Resource Center of Aspen
104 Robinson Road
Aspen, CO 81611
EXHIBIT #3
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, (970) 429 -2758 DATE: 04.11.11
PROJECT: 435 E. Main Street
REPRESENTATIVE: Alan Richman Planning Service
OWNER: Jewish Resource Center Chabad of Aspen
DESCRIPTION: Aspen Jewish Community Center received final approvals in 2006/2007,
including P&Z Resolution #24, Series of 2006; Council Ordinance #36, Series of 2006; and HPC
Resolutions 5 (Final Approval), 31 (Setback Variance), and 40 (Amendment to Final Approval), Series
of 2007. Council approved an extension of vested rights via Resolution #17, Series of 2007, allowing
the project to remain protected from changes in the Land Use Code until March 1, 2013.
The property owner is interested in moving forward with the project in a phased manner, constructing
the primary building now on the west end of the property and delaying an auditorium space on the
eastern end of the site to some undetermined date.
The architectural changes trigger an Amendment to Major Development review at HPC. It does not
appear that the P &Z or Council approvals need to be revisited because the development approvals
granted by those boards are not affected. The applicant wishes to retain the same development rights,
but change the design, which is HPC's purview.
The application should clearly identify which aspects of the application reviewed by HPC in November
2007 (the last approved amendment) are to be changed. The applicant may want to include a
representation of the design for the new Phase II of the project so that, through this amendment, the
approval for future expansion is not called into question. It will be important to ensure that any
preservation obligations for the cabins on this property are still being addressed as a priority issue,
notwithstanding any plans to phase development.
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.415.070.E Certificate of Appropriateness for Major Development
Land Use Code (including all code sections cited above):
http://www.aspen pitkin . com /Departments /Com m u n itv- Development/P Ian n inq- and -Zon inglTitle -26
Land- Use -Code/
HPC Design Guidelines:
http://www.aspenpitkin.com/Departments/Comm u n ity- Development/H istoric -P reservation /H istoric-
Properties/
HPC application:
http: / /www. aspenpitkin. com / Portals /0 /docs /City /Comdev /Apps %20and %20Fees /form historic land u
se app.pdf
Review by: Staff for completeness, HPC for review
Public Hearing: Yes, at HPC.
Referral Agencies: None.
1
Planning Fees: $1,470 for 6 billable hours (additional or less billable hours are at $245
per hour)
Referral Agency Fees: None
Total Deposit: $1,470
Please submit (along with specific requirements listed in the process for each type of land use
review):
❑ Proof of ownership with payment.
❑ Signed fee agreement.
❑ Applicant's name, address and telephone number in a letter signed by the applicant which
states the name, address and telephone number of the representative authorized to act on
behalf of the applicant.
❑ Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
❑ Total deposit for review of the application.
❑ 10 Copies of the complete application packet and maps.
❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
❑ Site improvement survey including topography and vegetation showing the current status,
including all easements and vacated rights of way, of the parcel certified by a registered land
surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be
waived by the Community Development Department if the project is determined not to warrant
a survey document.)
❑ A written description of the proposal and an explanation in written, graphic, or model form of
how the proposed development complies with the review standards relevant to the
development application. Please include existing conditions as well as proposed. List of
adjacent property owners within 300' for public hearing
❑ Copies of prior approvals.
❑ Applicants are advised that building plans will be required to meet the International Building
Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112.
Please make sure that your application submittal addresses these building - related and
accessibility regulations. You may contact the Building Department at 920 -5090 for additional
information.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
EXHIBIT #4
ORDINANCE NO. 36
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL
PUBLIC FACILITY AND HISTORIC LANDMARK DESIGNATION, FOR THE
JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W.
MAIN STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID: 2735-124-81-001
WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen,
represented by Alan Richman Planning Services, submitted an application (hereinafter
"the application ") requesting approval of Growth Management Review as an Essential
Public Facility and Subdivision Review to construct the Jewish Community Center,
located at 435 W. Main St., Lots A -I, Block 38, City and Townsite of Aspen; and,
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the
process for Designation and states that an application for listing on the Aspen Inventory
of Historic Landmark Sites and Structures shall be approved if HPC and City Council
determine sufficient evidence exists that the property meets the criteria; and
WHEREAS, the Community Development Department Director determined that
the Jewish Community Center is an Essential Public Facility, and that the application met
the applicable review standards, and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on June 20, 2006, the Planning
and Zoning Commission opened and continued the public hearing to July 11, 2006; and,
WHEREAS, during a continued public hearing on July 11, 2006, the Planning
and Zoning Commission opened and continued the public hearing until July 18, 2006;
and
WHEREAS, during a continued public hearing on July 18, 2006, the Planning
and Zoning Commission approved Resolution No. 24, Series of 2006, by a five to one (5-
1) vote, approving with conditions, a Growth Management Review to determine
employee generation, and Special Review to establish off - street parking requirements;
and recommended approval to City Council of a Growth Management Review as an
Essential Public Facility, and Subdivision review; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
1
e. An excavation- stabilization plan, construction management plan, and
drainage and soils reports pursuant to the Building Department's
requirements. The construction management plan shall include an
identification of construction hauling routes, construction phasing, and a
construction traffic and parking plan for review and approval by the City
Engineer and Streets Department Superintendent. The construction
management plan shall also identify.that the adjacent sidewalks will be
kept open and maintained throughout construction.
f. A fugitive dust control plan to be reviewed and approved by the City
Engineering Department.
g. Accessibility and ADA requirements shall meet the building code
requirements.
Section 4: Dimensional Requirements
The redevelopment of the site is limited to the dimensional requirements established in
the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February
2006 Subdivision application, and further subject to Historic Preservation Commission
Final Review.
Section 5: Trash/Utility Service Area
The trash containers shall be wildlife proof.
Section 6: Sidewalks, Curb, and Gutter
The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the
Historic Preservation Commission, and shall be upgraded to meet City Engineer's
requirements and ADA requirements prior to issuance of a certificate of occupancy on
any of the units within the development. The Applicant shall also repair any curb and
gutter adjacent to the property that is deemed to be in disrepair by the City Engineer
before a certificate of occupancy is issued for any of the units within the development.
Section 7: Affordable Housing
The three (3) on -site affordable housing units shall be in compliance with the
Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant
shall record a deed restriction on each of the affordable housing units at the time of
recordation of the subdivision plat and prior to the issuance of a Certificate of Occupancy
for the units, classifying the units as Category 2 units.
a) At least two parking spaces shall be allocated and reserved for the employee- housing
units on site.
b)The units will be deed - restricted as rental units but will allow for the units to become
ownership units at such time the owners would request this change and/or at such
time the APCHA deems the units out of compliance for a period of one year or more.
At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price.
3
designation shall be decided in cooperation with the City and the neighbors on the
alley.
Section 11: Transportation and Parking
a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in
place by building permit submittal. Fee shall be paid prior to issuance of building
permit.
b)Applicant shall print on all event flyers that on -site parking is not available, and
attendees are strongly encouraged to car pool, use bicycles, walk or take the bus.
c) Applicant shall require any person who rents the social hall to print on their invitation
that on -site parking is not available and attendees are strongly encouraged to car pool,
use bicycles, walk or take the bus.
d) Applicant shall maintain information on its website regarding the lack of on -site
parking, and information regarding car- pooling or use of public transit.
e) Applicant's daycare operation shall make a good faith effort to work with parents
of enrolled children to establish and maintain a carpool program.
f) Applicant shall actively participate in the City's Transportation Options Program
(TOP).
g) Applicant shall provide covered and secure bike storage.
h)Applicant shall provide free bus passes to employees who do not live on -site.
i) Applicant shall cooperate with the City of Aspen and the Roaring Fork
Transportation Authority regarding the upgrade of the bus stop /shelter adjoining
the subject property on Main Street; the upgrade of the bus stop /shelter may be
subject to a City of Aspen Historic Preservation Commission review pursuant to
Section 26.415.
Section 12: Fire Mitigation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 13: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 14: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. On -site utility plans require approval by ACSD. Below grade development may
require installation of a pumping system. One tap is allowed for each building. Shared service
line agreements will be required where more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard landscaping may
impact public ROW or easements to be dedicated to the district.
5
f) Realignment of the ditch will require specific coordination between the Parks
Department and the contractor. The realignment will have to take place during a
time period when the ditch is closed for the off - season. Realignment will also
require the use of a Bentomat type material in order to reestablish the integrity of
the ditch.
g)Utility connections: these connections will need to be designed on the plan in a
manner that does not encroach into the tree protection zones
h)Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root
greater than 2" encountered during the installation will require approval before
removal. Play yard fence must be constructed according to State of Colorado
standards for daycare centers.
i) The installation of the new sidewalk at the comer of 4' and Main Streets needs to
be designed at grade bridging over the root systems of the existing cottonwood
trees.
Section 19: Historic Preservation Commission Approvals Required
Final Development Plan approval by the Historic Preservation Commission must be
obtained prior to issuance of a Building Permit for the Project.
Section 20: Historic Landmark Designation
Pursuant to Section 26.415.030.B of the Municipal Code, Criteria for listing on the Aspen
Inventory of Historic Landmark Sites and Structures, the property is hereby designated
on the Aspen Inventory of Historic Sites and Structures, as the site possesses sufficient
integrity of location, setting, design, materials, workmanship and association and the site
is related to designation criteria 26.415.030.B.2.a and 26.415.030.B.2.c.
Section 21: Vested Rights
The development approvals granted herein shall constitute a site - specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
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 fmal approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
7
Section 26:
A public hearing on the Ordinance shall be held on the 25 day of September, 2006, at 5:00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 27:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28 day of August, 2006.
Attest:
/�..�../ tnwe
Kathryn S. h ch, City Clerk Helen Kalin 1''7 ud, Mayor
FINALLY, adopted, passed and approved this 25th day of September, 2006.
Attest: /
/ /f
10 / ./ 4 t /If, t .
Kathryn S. -ch, Ci Clerk 7e d rud, Mayor
Approved as to form:
o e.,ter, City Attorney
9
EXHIBIT #5
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING APPROVAL FOR MAJOR DEVELOPMENT (FINAL) FOR THE
PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A -I, BLOCK 38, CITY AND
TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 5, SERIES OF 2007
PARCEL ID: 2735- 124 -81 -001
WHEREAS, the applicant, Jewish Resource Center Chabad of Aspen, represented by Arthur
Chabon, architect, and Design Workshop, Inc., has requested Major Development (Final) for the
property located at 435 W. Main Street, Lots A -I, Block 38, City and Townsite of Aspen; and
WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure
shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a
designated historic property or district until plans or sufficient information have been submitted
to the Community Development Director and approved in accordance with the procedures
established for their review;" and
WHEREAS, for Major Development Review, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine the project's conformance
with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.4.b.2
and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve,
disapprove, approve with conditions or continue the application to obtain additional information
necessary to make a decision to approve or deny; and
WHEREAS, Amy Guthrie, in her staff report dated January 24, 2007, performed an analysis of
the application based on the standards, found that the review standards have been met, and
recommended approval with conditions; and
WHEREAS, at their regular meeting on January 24, 2007, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and approved the application with conditions by a vote of 5 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves Major Development (Final) with the following conditions:
1. Final resolution of Relocation should be delayed until a site has been determined. To
the extent that a new location site remains unresolved, this will not affect permit
review and issuance, although an approved relocation site is ultimately a requirement.
2. The historic cabins are to have wood shingle roofs.
3. Alternative exterior light fixtures for the historic cabins must be provided for review
and approval by staff and monitor.
4. The applicant is to study providing more green space around the base of the historic
cabins, minimizing hardscape that meets the foundation of these buildings.
5. A structural report demonstrating that the buildings can be moved and/or information
about how the cabins will be stabilized must be submitted with the building permit
application.
6. A bond or letter of credit in the amount of $15,000 for each cabin must be submitted
with the building permit application to insure the safe relocation of the structures.
7. A relocation plan detailing how and where the buildings will be stored and protected
during construction must be submitted with the building permit application.
8. The original chimneys on the cabins should be carefully documented and
reconstructed using the same material.
9. HPC must review and approve stone samples and mock -ups for the new structure.
10. Restudy the fence on Main Street and its wrap around to Fourth based on comments
provided at the Final hearing. The design is to be reviewed and approved by staff and
monitor.
11. HPC staff and monitor must approve any changes with regard to the type and location
of exterior lighting fixtures by reviewing a plan prior to wiring, purchasing, or
installing the fixtures.
12. Information on all venting locations and meter locations not described in the approved
drawings shall be provided for review and approval by staff and monitor when the
information is available.
13. There shall be no deviations from the exterior elevations as approved without first
being reviewed and approved by HPC staff and monitor, or the full board.
14. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
15. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation
Officer prior to applying for the building permit.
16. The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
APPROVED BY THE COMMISSION at its regular meeting on the 24th day of January,
2007.
Approved as to Form:
David Hoefcr, Assistant City Attorney
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Jeffrey Halferty, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
EXHIBIT #6
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING APPROVAL FOR A SETBACK VARIANCE FOR THE PROPERTY
LOCATED AT 435 W. MAIN STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE
OF ASPEN, COLORADO
RESOLUTION NO. 31, SERIES OF 2007
PARCEL ID: 2735 - 124-81 -001
WHEREAS, the applicant, Jewish Resource Center Chabad of Aspen, represented by Design
Workshop, Inc., has requested a west sideyard setback variance for the property located at 435
W. Main Street, Lots A -I, Block 38, City and Townsite of Aspen; and
WHEREAS, for approval of setback variances, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine that Section 26.415.110.B of
the Municipal Code, is met; and
WHEREAS, Amy Guthrie, in her staff report dated July 11, 2007, performed an analysis of the
application based on the standards, found that the review standards were met, and recommended
approval; and
WHEREAS, at their regular meeting on July 11, 2007, the Historic Preservation Commission
considered the application, found the application was consistent with the review standards and
approved the application by a vote of 4 to 0.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves a setback variance within the required west sideyard of 435 W. Main
Street as represented in the application reviewed on July 11, 2007.
APPROVED BY THE COMMISSION at its regular meeting on the 11th day of July, 2007.
Appg6vedj,to Form -
David Hoefer, Assistadt City Attorney
Approved as to nten/
£ rey 'A Halferty, ,
:(7,ST:_i � thy St Chief Deputy Clerk RECEPTION #: 540887, 08/10/2007 at
09:55
1 OF 1. :01 R A $6.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT #7
RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC)
GRANTING APPROVAL FOR AN AMENDMENT TO MAJOR DEVELOPMENT
(FINAL) FOR THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A -I,
BLOCK 38, CITY AND TOWNSITE OF ASPEN, COLORADO
RESOLUTION NO. 40, SERIES OF 2007
PARCEL ID: 2735- 124 -81 -001
WHEREAS, the applicant, Jewish Resource Center Chabad of Aspen, represented by Arthur
Chabon, has requested an amendment to the Major Development (Final) approval granted for the
property located at 435 W. Main Street, Lots A -I, Block 38, City and Townsite of Aspen; and
WHEREAS, for approval of an amendment, the HPC must review the application, a staff
analysis report and the evidence presented at a hearing to determine that Section 26.415 of the
Municipal Code, is met; and
WHEREAS, Amy Guthrie, in her staff report dated November 14, 2007, performed an analysis
of the application based on the standards, found that the review standards were met, and
recommended approval; and
WHEREAS, at their regular meeting on November 14, 2007, the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and approved the application by a vote of 4 to 1.
NOW, THEREFORE, BE IT RESOLVED:
That HPC hereby approves an amendment to the Major Development (Final) approval for 435 W.
Main Street as represented with the following conditions:
1. The stone sample and mock -up provided, which is described as "Comanche ", from
Pueblo, Colorado, is approved for the new structure.
2. The use of cement board siding for the new structure is approved.
3. The east patio front wall will be aligned with the north wall of the meeting hall.
Plantings will be placed in front of the east patio wall.
4. An updated landscape plan must be approved by staff and monitor.
5. There shall be no deviations from the exterior elevations as approved without first
being reviewed and approved by HPC staff and monitor, or the full board.
6. The conditions of approval will be required to be printed on the cover sheet of the
building permit plan set and all other prints made for the purpose of construction.
7. The applicant shall be required to provide the contractor with copies of the HPC
resolution applicable to this project. The contractor must submit a letter addressed to
HPC staff as part of the building permit application indicating that all conditions of
approval are known and understood and must meet with the Historic Preservation
Officer prior to applying for the building permit.
8. The General Contractor and/or Superintendent shall be required to obtain a specialty
license in historic preservation prior to receiving a building permit.
9. All conditions of Major Development Final approval (see HPC Resolution # 5, Series
of 2007) not inconsistent with those conditions set forth herein shall remain in full
force and effect.
APPROVED BY THE COMMISSION at its regular meeting on the 14th day of November,
2007.
Approved as to Form:
Jim True, Special Counsel
Approved as to content:
HISTORIC PRESERVATION COMMISSION
Michael Hoffman, Chair
ATTEST:
Kathy Strickland, Chief Deputy Clerk
•
EXHIBIT #8
RESOLUTION NO. 17
(Series of 2010)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS ESTABLISHED BY HPC RESOLUTION
#5, SERIES OF 2007, FOR THE JEWISH COMMUNITY CENTER AT 435 W. MAIN
STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
WHEREAS, the Community Development Department received an application
from The Jewish Resource Center Chabad of Aspen, represented by Alan Richman
Planning Services, requesting approval of a three -year extension of the vested rights
granted for the Jewish Community Center through HPC Resolution #5, Series of 2007;
and,
WHEREAS, HPC adopted Resolution #5, Series of 2007, which approved
worship space, library, office and community areas, affordable housing, and a preschool
until February 25, 2010; and
WHEREAS, the subject property is described as 435 W. Main Street, lots A -1,
Block 38, City and Townsite of Aspen, Colorado; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may adopt a resolution granting an extension of vested rights
after a duly noticed public hearing; and,
WHEREAS, the Community Development Director has reviewed the application
and has recommended approval of the extension of vested rights for the Jewish
Community Center; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the Jewish Community Center under the applicable
provisions of the Municipal Code as identified herein, has reviewed and considered the
recommendation of the Community Development Director, and has taken and considered
public comment at a public hearing; and,
WHEREAS, the City Council finds that the extension of vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council fords that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
City Council Resolution No. 17,
Series of 2010. Page 1
Section 1:
The Aspen City Council does hereby extend the statutory vested rights as approved by
HPC Resolution #5, Series of 2007 for the Jewish Community Center at 435 W. Main
Street, Lots A -I, Block 38, City and Townsite of Aspen, Colorado to March 1, 2013, with
the following condition:
1. The statutory vested property right shall not preclude the applications or
regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including, but not limited to, building,
fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The
developer shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, and impact fees that are in effect at the time of building
permit, unless an exemption therefrom is granted in writing.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 3:
This Resolution shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6:
A duly noticed public hearing on this Resolution was held on the 22 day of February, 2010
at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, resolved, adopted, passed, and approved by a 5 to 0 vote on this 22 day of
February, 2010.
•
City Council Resolution No. 17,
Series of 2010. Page 2
Approved as to form: Approved as to content:
62 sftAuorney Michael C. Ireland, Mayor
Attest:
bet 4
Kathryn S. K , City Clerk
City Council Resolution No. 17,
Series of 2010. Page3
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Haas Land Planning, LLC
Memo
To: Ms. Amy Guthrie and the Aspen Historic Preservation Commission
From: Bryan Peterson, Will Hemdon and Bob Staradoj,
Mason Morse Real Estate, 514 East Hyman Avenue
Thru: Mitch Haas, Haas Land Planning, LLC
Date: September 14, 2011
Re: 514 Easy Hyman Avenue (Mason Morse Building) Work Session
Mason Morse Real Estate owns and occupies the entire building located at 514 East
Hyman Avenue, just east of the plaza adjacent to the Elks Building and across the
street from Little Annie's Restaurant. The owners are interested in reconfiguring the
interior spaces and adding a partial third floor to contain a free market residence.
The property is in the Commercial Core Historic District but has never, itself, been
designated to the Aspen Inventory of Historic Landmark Sites and Structures. The
owners could obtain the necessary approvals to complete this remodel and addition
through standard channels (i.e., without historic designation); however, the owners
are interested in exploring with the HPC the possibility of obtaining these approvals in
association with voluntarily designating the property through the "AspenModern"
program.
Although the "skin" of the building was changed in the late 1990s, the underlying
structure is still largely intact and can be restored. Robin Molny, an architect who is
recognized in the City of Aspen's research paper "Aspen's Twentieth- Century
Architecture: Modernism 1945- 1975," designed the Mason Morse Building (originally
known as the "Gargoyle Building" for reasons unknown). Locally, Molny is most
recognized for the Hearthstone House, the Aspen Athletic Club, a few residences,
and his collaboration on the transforming of Cooper and Hyman Avenues into
pedestrian malls.
The applicants have in their possession the original blueprint designs prepared by
Robin Molny and, through some study and exploration, it has been determined that
not only does the original Molny design remain largely intact, but the original brick is
still in place beneath the sandstone facade. The owners of the 514 East Hyman
201 NORTH MILL STREET, SUITE 108 • ASPEN, CO 81611 • (970) 925 -7819 • FAX (970) 925 -7395
Page 1
Avenue property have hired CCY (Cottle Carr Yaw) Architects to help in the design
for restoring and remodeling the structure. Conceptual, preliminary plans have been
prepared and submitted herewith for staff and the HPC's consideration. Along with
the building restoration and remodel work, the applicant will seek approval to remove
all planter boxes incorporated into the current entry plaza design (these were not part
of Molny's original designs) and rework the plaza layout to be much simpler and
include ADA accessibility provisions.
With voluntary designation, the project will automatically qualify for administrative
Growth Management approvals for the new residential unit (i.e., no scoring or
competition, no submittal deadline, no GMQS review board, and no affordable
housing mitigation required). Similarly, the Parks Development and Transportation
Demand Management Impact Fees would be waived. Accordingly, in exchange for
agreeing to voluntarily designate the property, the applicants would be seeking a very
limited, modest list of incentives that will likely include the following:
• Ability to expand the maximum free market Floor Area beyond the 1,500sf
allowed by right without the requirement of extinguishing a TDR or providing a
matching amount of affordable housing;
• Allow a building height of 40 feet (plus rooftop mechanical and third floor
elevator overrun) where the underlying CC zoning allows a height of 38 feet
by right for three -story elements and up to 42 feet through Commercial Design
Review;
• Eliminate an old and less- than - perfected (i.e., it may not have ever been a
formal restriction) restriction against use of the existing basement level "void"
space for storage;
• Enable a slightly consolidated review process where, after the HPC
Conceptual Approvals and City Council AspenModern "negotiation" is
completed, only HPC Final Review would remain before building permit
application can be made; and
• The granting of six (6) years' vested property rights.
Granted, the list of envisioned incentives being sought may be slightly revised as the
project design and associated review processes evolve; however, the above list is
very modest and straight forward and represents the totality of the applicant's current
thinking.
At this time and before going to great length to perfect their plans, the owners of the
subject property would simply like to gauge the HPC's interest in a voluntary
designation while also being provided feedback on the proposed design, restoration
efforts, and incentives.
We thank you for your consideration and look forward to a productive work session.
C:/My Documents/City Applications/514 E Hyman- MasonMorse/Memo to HPC for Work Session_9 -14-11
Page 2
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MEMORANDUM
TO: Aspen Historic Preservation Commission
FROM: Amy Guthrie, Historic Preservation Officer
RE: Hotel Jerome Pull -Out, Referral Comment
DATE: September 14, 2011
SUMMARY: The Hotel Jerome is interested in creating a safer refuge for guests coming to and
from the hotel front door by car. Currently vehicles use the parking lane but are sometimes at
risk as cars turn from Main onto Mill Street. Cars have been damaged in the past and there was
reportedly a fatality in this area many years ago.
The sidewalk right -of -way in front of the building is owned by CDOT, but also overseen by City
Engineering. The location of the curb has moved further into the street over the years. City
Engineering has prepared conceptual plans for options to pull back the curb and requests HPC
input. The area is not technically in HPC's purview, but the City may be a participant with the
Hotel Jerome in the costs of the improvements and HPC feedback and support would be
appreciated.
Rough sketches of options are attached, as is an approximate budget. City Council will be asked
in October to include funds in the Asset Management Plan for 2012. Option 1 is preferred by the
City.
ak
Hotel Jerome Pull Out
410V-1 "THIS PRELIMINARY ESTIMATE PROD. LENGTH (FEET):300
CREATED FROM FIELD SURVEY. THIS Location: Main Street adI. to Jerome
ESTIMATE SHOULD NOT BE USED FOR Work CAT: Sidewalk/C urb & Gutter
THE CITY OF ASPEN BIDDING, PLANNING. ETC"
Desc.
Item No Code SP Description UNIT QUANTITY PRICE TOTAL COST
SIDEWALK
✓ _ ;...._..._...._......_..._
106 01 Material Testing i LS 1 S 4,000.00 54.000.00
202 00010 Removal of Tree I EA 6 $ 300.00 51,800.00
202 00200 Removal of Sidewalk (snawmeted) SY 220 5 22.00 54.34000
✓ Removal of C .__._...._.__.. Gutter ........._ ... .............._.__.._......_.__ �..._..._._..__..._.__ 52.8....W0.00
.
52
R 202 - 00206 203 Removal of Cone ete Curb Ramp SY 40 5 14.00
5560.00
• _ -,-
-- —
202 00220 Removal of Asphat Mat 1 SY 260 5 9.00 • 52.340 00
r
r
202 00250 Removal of Pavement Markings SF......... 20 5 4.50 590 00
' _03 00040 Uncless,tjed Excavation CY , 40 $ 20.00 5800.00
/ . 1
208 01 Eros C ontrol i 1 LS S 1,000.00 51.000.00
210 00001 Reset Structure (Light Post) E A 1 S' 2,500.00 52.500.00
r -
210 00510 Reset Ground Sign , EA 4 5 250.00 51 000 00
r
_ r ....
403 00721 Hot Mix Asphalt (Patching) (Asphalt) i SY 260 $ 110.00 528 800 00
P
412 00800 Concrete Pavement (10 IN) 1 SY _ 170 S 130.00 522.100.00
✓ 412 01 . Concrete (MISC) . SY 20 5 70.00 51,400.00
.... . ..................._...........
608 00000 Concrete Sidewalk (snawmeted) SY 170 $ 170.00 528.900 00
✓
608 00010 Concrete Curb Ramp 1 EA 3 S 1,800.00 34.500.00
✓ 609 21020 Curb and Gutter Type 2 (Section t-B) ' LF 300 5 30.00 59,000.00
P 614 01 Traffic Control i LS 1 510,000.00 510,000.00
• r 626 01 Mobtllization j LS 1 5 8,000.00 $3.00000
CONSTRUCT TOTAL 5134.230.00
Engineering (15%) 520.134.50
Project Management (10 %) 513 423 00
Contingencies (15 %) 520 134 50
TOTAL OF ESTIMATE 5137.922.00
City of Aspen
THIS PRELIMINARY ESTIMATE REPRESENTS OUR JUDGMENT AS PROFESSIONALS FAMILIAR WITH
THE CONSTRUCTION INDUSTRY. WE CANNOT AND DO NOT GUARANTEE THAT BIDS WILL NOT VARY
FROM THIS ESTIMATE. ESTIMATE IS BASED ON 2011 DOLLARS.
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