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HomeMy WebLinkAboutagenda.council.regular.20240813AGENDA CITY COUNCIL REGULAR MEETING August 13, 2024 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/82892814100? pwd=F4TsYN3ZEKCZuRrlu8zUvHcTcp9pgv.1 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 828 9281 4100 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kcsH8JwFep (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports 1 1 VI.Consent Calendar VI.A Resolution #078, Series of 2024 - Guerdon Settlement VI.B Resolution #086, Series of 2024 - Wildfire Hazard Assessment IGA VI.C Resolution #089, Series of 2024 – Water Treatment Facility Campus Improvements Final Design VI.D Resolution #093, Series of 2024 - Armory Hall Programming Direction Related to ACRA VI.E Resolution #097, Series of 2024 - Calling for and Establishing the Date for the Coordinated Election and Authorizing the City Clerk to Execute the IGA with Pitkin County VI.F Draft Minutes of July 23rd, 2024 VII.Notice of Call-Up VIII.First Reading of Ordinances (These matters may be adopted together by a single motion) Guerdon_Settlement_Council_Memo_Resolution__078_Series_of_2024.docx Resolution__078_Series_of_2024.docx City of Aspen Settlement Agreement and Release 080924 (Guerdon Executed) (12599376.1).pdf Attachment 1 to Settlement Agreement and Release - Amortization Schedule R1.pdf guerdon repayment amortization schedule R2, Oct 1st Payment.pdf 086-2024 Wildfire Assessment IGA - Memo.docx 086-2024 Wildfire Assessment IGA - Reso.doc 086-2024 IGA with AFPD for Wildfire Assessment.docx CouncilMemo_COAWTFFinalDesign_FINALUTILDRAFT_31July2024.docx Attachment C - Reso #089 of 2024 for COA WTF Final Design.doc Attachment A-Aspen WTF Improvements_Project Summary 07-29-2024.docx Professional Services Agreement 2024 - Aspen-Garver.docx.pdf EXHIBIT A1_Aspen WTF Scope and Fee Proposal Design and Pre-Construction rev 7-22-2024.pdf EXHIBIT A2_Aspen WTF LOE Detail Design and Pre-Construction rev 7-18- 2024.pdf EXHIBIT B_Garver 2024-2025 Rates rev.pdf 1_Armory Hall Memo_2024.08.13.pdf 2_Exhibit A_ACRA resolution.docx 3_Exhibit B_Resolution No. 23_2022.pdf 4_Exhibit C_Resolution No.180_2023.pdf memo_reso_097_coordinated_election_2024.docx Resolution #097 re_coordinated_election_2024.docx 2024 IGA Pitkin County Election.pdf cc.min.072324.docx 2 2 VIII.AOrdinance #08, Series of 2024 - Proposed Ballot Questions for November 5, 2024 Election Pertaining to Extensions of Existing Tax Sunset Dates to 2060 VIII.BOrdinance #09, Series of 2024 - Proposed Ballot Questions for November 5, 2024 Election Pertaining to Taxation of Automotive Vehicle Sales and Use VIII.COrdinance #13, Series of 2024 - 120 E. Main Street - AspenModern Historic Designation and Benefits - Conceptual Major Development - Transferrable Development Rights (TDRs) - Major Subdivision - Planned Development - Growth Management Review IX.Public Hearings IX.A Ordinance #10, Series of 2024 - Municipal Code Revision - Leashes IX.B Ordinance #11, Series of 2024 - Updates to Tree Code (Chapter 13.20) to Address Wildfire Mitigation X.Action Items X.A Resolution #095, Series of 2024 - Approving a Funding Request from WMRHC for the Good Deeds Program Memo for Ord 08 and 09.docx Ordinance #8 - HRETT Sales Tax Sunset 2060.docx Memo for Ord 08 and 09.docx Ordinance #9 - Automotive Vehicle Use Tax.docx 120 E. Main_HPC Designation_Memo.pdf Ordinance No. 13 Series 2024_Reflects Applicants Proposal.pdf Ordinance No. 13 Series 2024_Reflects Staff's Recommendation.pdf Ordinance No. 13 Series 2024_Reflects HPC Recommendation.pdf Exhibit A.1_Designation Criteria_Staff Findings.pdf Exhibit A.2_HP Design Guidelines_Staff Findings.pdf Exhibit A.3_Transferrable Development Rights_Staff Findings.pdf Exhibit A.4_Planned Development_Project Review_Staff Findings.pdf Exhibit A.5_Growth Management_Staff Findings.pdf Exhibit A.6_Subdivision Review_Staff Findings.pdf Exhibit B_Referral Comments.pdf Exhibit C.1_Application.pdf Exhibit C.2_Supplement to Application.pdf Exhibit D_Draft HPC Resolution No. 09, Series 2024.pdf Exhibit E_Public Comments Received.pdf Exhibit F_Draft HPC Meeting Minutes.pdf Ordinance_10_2024_Municipal_Code_Revison_Leashes_Memo.docx Ordinance_10_-_2024_Municipal_Code_Revision_-_Leashes.doc Memo - Ordinance 11 - Updates to Chapter 13.20 - Tree Removal Permits 2nd Reading.docx Attachment A - Ordinance 11 - Updates to Chapter 13.20 - Tree Removal Permits.doc Attachment B - Wildfire Mitigation Policy.docx 3 3 X.B EOTC Presentation X.C Resolution #096, Series of 2024 - Waiver of Privilege X.D Castle Creek Discussion and/or Direction XI.Adjournment WMRHC Contribution Memo.docx City of Aspen - Memo for August 13 Meeting.docx Resolution #095 WMRHC Contribution.doc COA AIS 2024 EOTC Work Plan & Budget Supplement_08_13_2024.pdf Draft Volpe-Maroon Bells CRMP Implementation SOW 073124.pdf Memo re Resolution re Waiver of Privilege (8-8-2024).docx Resolution #096 (2024) -.doc 4 4 MEMORANDUM TO:Mayor Torre and City Council FROM:Perry Kleespies, Capital Asset Manager THROUGH:Robert Schober, Capital Asset Director MEMO DATE:August 12th, 2024 MEETING DATE:August 13th, 2024 RE:Guerdon, LLC. Settlement Agreement and Release, Resolution #078 (Series of 2024) REQUEST OF COUNCIL:City Council approval is requested for Resolution #078 (Series of 2024), a Settlement Agreement and Release with Guerdon, LLC, in the amount of $3,233,589.32. SUMMARY AND BACKGROUND: The Burlingame Phase 3 affordable housing project was constructed with off-site factory built ‘modular’ boxes which are set and interconnected by others on-site. The City and Guerdon, LLC entered into a Supply Agreement, under which Guerdon agreed to construct, supply, and deliver the modular residential units for the project that met industry standards and on a schedule that accommodated the City’s project delivery dates. Delays in the delivery of the modular boxes to site resulted in overall project delays which in turn increased construction, insurance, and other schedule related costs. The modular units installed at the project suffered from defects, including, but not limited to, the manufacturing and construction of the unit windows, defects in the placement of certain domestic water lines and defects with electrical wiring. These defects resulted in project delays and additional costs which to date have been borne by the City of Aspen. The City provided timely notice to Guerdon if its breach of contract claims related to the defects and delays. DISCUSSION: Staff and Guerdon have undertaken multiple negotiations sessions regarding the defective products delivered, and deem it to be in their best, respective interests to resolve all such claims and defenses among themselves which were or could have been asserted by settling such Defect Claims and Payment Claims. Without determining any liability whatsoever, and to avoid uncertainties, expense, and delay inherent in litigation, Staff and Guerdon desire to enter into a settlement agreement in order to obtain full settlement and discharge of the Defect Claims and Payment Claims whereby the City would receive a specified amount in damages in exchange for release of all claims. FINANCIAL IMPACTS: 5 The City 150 Housing Development Fund funded the Burlingame Phase 3 affordable housing project. The payments received from the Settlement Agreement will be deposited into the 150 Housing Development Fund to replenish the additional expenses incurred during the project. $3,233,589.32 with accrued interest will be paid to the City of Aspen per the terms of the settlement agreement. ALTERNATIVES: Council may choose to forgo any retribution and not approve the Settlement Agreement and Release. Council may also choose to instruct Staff to pursue litigation. RECOMMENDATIONS:Staff recommends approval of the proposed Settlement Agreement and Release with Guerdon, LLC. CITY MANAGER COMMENTS: 6 RESOLUTION #078 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF ASPEN AND GUERDON, LLC.AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement Agreement and Release in order to obtain full settlement and discharge of the Defect Claims and Payment Claims upon the terms and conditions set forth between the City of Aspen and Guerdon, 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 the Settlement Agreement and Release between the City of Aspen and Guerdon, LLC, whereby the City will receive $3,233,589.32 in exchange for release of its claims against Guerdon, LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the 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 13th day of August 2024. ____________________________________ Torre, Mayor I, Nicole Henning, 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 13 th, 2024. ____________________________________ Nicole Henning, City Clerk 7 8 9 10 11 12 Total Principal 3,233,589.32 40% Initial Payment (1,293,435.73) Remaining 1,940,153.59 0.55% (0.55%/mo = 6.65%/yr) Beginning Period Monthly Interest Cost Pmt Ending Period 1 1,940,153.59 10,751.68 0 1,950,905.27 2 1,950,905.27 10,811.27 0 1,961,716.54 3 1,961,716.54 10,871.18 0 1,972,587.72 4 1,972,587.72 10,931.42 0 1,983,519.14 5 1,983,519.14 10,992.00 0 1,994,511.15 6 1,994,511.15 11,052.92 0 2,005,564.06 7 2,005,564.06 11,114.17 0 2,016,678.23 8 2,016,678.23 11,175.76 0 2,027,853.99 9 2,027,853.99 11,237.69 0 2,039,091.68 10 2,039,091.68 11,299.97 0 2,050,391.65 11 2,050,391.65 11,362.59 0 2,061,754.23 12 2,061,754.23 11,425.55 (1,070,948.77) 1,002,231.02 13 1,002,231.02 5,554.03 0 1,007,785.05 14 1,007,785.05 5,584.81 0 1,013,369.86 15 1,013,369.86 5,615.76 0 1,018,985.62 16 1,018,985.62 5,646.88 0 1,024,632.50 17 1,024,632.50 5,678.17 0 1,030,310.67 18 1,030,310.67 5,709.64 0 1,036,020.31 19 1,036,020.31 5,741.28 0 1,041,761.59 20 1,041,761.59 5,773.10 0 1,047,534.68 21 1,047,534.68 5,805.09 0 1,053,339.77 22 1,053,339.77 5,837.26 0 1,059,177.03 23 1,059,177.03 5,869.61 0 1,065,046.63 24 1,065,046.63 5,902.13 (1,070,948.77) - 1,940,153.59 201,743.94 5.07% 13 Total Principal 3,233,589.32 40% Initial Payment (1,293,435.73) Remaining 1,940,153.59 0.55% (0.55%/mo = 6.65%/yr) Beginning Period Monthly Interest Cost Pmt Ending Period 1 1,940,153.59 10,751.68 0 1,950,905.27 October 2 1,950,905.27 10,811.27 0 1,961,716.54 November 3 1,961,716.54 10,871.18 0 1,972,587.72 December 4 1,972,587.72 10,931.42 0 1,983,519.14 January 2025 5 1,983,519.14 10,992.00 0 1,994,511.15 February 6 1,994,511.15 11,052.92 0 2,005,564.06 March 7 2,005,564.06 11,114.17 0 2,016,678.23 April 8 2,016,678.23 11,175.76 0 2,027,853.99 May 9 2,027,853.99 11,237.69 0 2,039,091.68 June 10 2,039,091.68 11,299.97 (1,059,177.03) 991,214.62 July 2025 11 991,214.62 5,492.98 0 996,707.60 August 12 996,707.60 5,523.42 0 1,002,231.02 September 13 1,002,231.02 5,554.03 0 1,007,785.05 October 14 1,007,785.05 5,584.81 0 1,013,369.86 November 15 1,013,369.86 5,615.76 0 1,018,985.61 December 16 1,018,985.61 5,646.88 0 1,024,632.49 January 2026 17 1,024,632.49 5,678.17 0 1,030,310.66 February 18 1,030,310.66 5,709.64 0 1,036,020.30 March 19 1,036,020.30 5,741.28 0 1,041,761.58 April 20 1,041,761.58 5,773.10 0 1,047,534.68 May 21 1,047,534.68 5,805.09 0 1,053,339.77 June 22 1,053,339.77 5,837.26 (1,059,177.02) 0.00 July 2026 23 0.00 0.00 0 0.00 24 0.00 0.00 0.00 1,940,153.59 178,200.46 4.49% 14 MEMORANDUM TO:Mayor and City Council FROM:Matt Kuhn, Parks and Open Space Director THROUGH:Austin Weiss, Parks and Recreation Director Diane Foster, Assistant City Manager MEETING DATE:August 13, 2024 RE:Resolution #086 –IGA for Wildfire Hazard Assessment REQUEST OF COUNCIL: City of Aspen staff is seeking approval of an Inter-Governmental Agreement (IGA) with the Aspen Fire Protection District to work collaboratively for wildfire home hazard assessments as a component of the Wildfire Mitigation Policy (Ordinance #11, Series of 2024). BACKGROUND: The City of Aspen has been working collaboratively with Aspen Fire Protection District (AFPD) over the last several years on various wildfire related topics. This collaborative work has resulted in the proposed IGA that identifies goals and objectives of performing home hazard assessments and how those relate to potential tree removals on properties within the City of Aspen. DISCUSSION: The IGA provides a framework and a commitment for the two agencies to work collaboratively on assisting homeowners with identifying hazards around their home, and results in recommendations that may be used as a component of standalone tree removal permits. The Wildfire Mitigation Policy, which is a supporting document to the code updates in Ordinance #11, Series 2024, requires that a home hazard (risk) assessment is performed prior to submission of a tree removal permit. There are several anticipated advantages to this. For example, in the process of completing a home hazard assessment, a citizen may learn about exterior yard and home maintenance to make homes more defensible, to consider if home material changes may be recommended, or to understand where their home fits within wildfire risk map zones. These factors may 15 help provide a comprehensive understanding of wildfire risk and related mitigation strategies, and also try to prevent the removal of trees as the only wildfire risk mitigation strategy pursued. The Aspen Fire Protection District has already been performing these assessments upon request, and have committed to continuing these assessments into the future. Within the IGA, the City has committed funding to assist with costs related to the program, such as software fees or hazard mapping services. FINANCIAL/BUDGET IMPACTS: The financial contributions to the wildfire home assessment IGA can be absorbed in the 2024 budget within the General Fund (001) and are part of the Wildfire Mitigation budget (001.572.10030.52199.30001). Starting in 2025, this funding may be shifted to the 100 Fund and will be reviewed further during the 2025 budget process. This IGA will commit approximately $5,000 towards the home assessment collaborative work. ENVIRONMENTAL IMPACTS: Removal of trees in Aspen may have positive effects for wildfire risk mitigation, but may also have negative impacts on the broader urban forest. This IGA strives to balance various options for home hazard mitigation so that urban tree removal is minimized. ALTERNATIVES: Council can direct staff to amend or change elements of the IGA. ATTACHMENTS: A – IGA with AFPD for Wildfire Assessment CITY MANAGER COMMENTS: 16 1 RESOLUTION NO. 086 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN FIRE PROTECTION DISTRICT REGARDING WILDFIRE HAZARD ASSESSMENTS. WHEREAS, there has been submitted to the City Council an intergovernmental agreement (IGA) for to collaborate to assess the risk of wildfire on properties and to advise on the removal of trees and vegetation for wildfire risk reduction , 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 the intergovernmental agreement for wildfire hazard assessment between the City of Aspen and the Aspen Fire Protection District, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager and Mayor 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 13th day of August 2024. ___________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________________________ Nicole Henning, City Clerk 17 INTERGOVERNMENTAL AGREEMENT For Wildfire Hazard Assessment THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this _______ day of ________, 2024 by and between the City of Aspen, whose address is 427 Rio Grande Place, Aspen Colorado 81611 (the “City”) and the Aspen Fire Protection District, whose address is 420 East Hopkins Avenue, Aspen, Colorado 81611 (“AFPD”), and jointly referred to herein as the “Parties”. RECITALS The City and AFPD jointly recognize that wildfire poses a significant risk to the community of Aspen, and The Parties recognize that there are established best practices to help mitigate certain risk, such as the strategic pruning or removal of trees and vegetation adjacent to structures, and The Parties recognize that working collaboratively to provide wildfire risk assessments, will aid the community and reduce wildfire risk, and AFPD possesses certain skills and qualifications to perform wildfire risk assessments, and The City has adopted ordinances, codified in the City of Aspen Municipal Code (“Code”), that govern the removal of trees within the City and promote preservation of the urban forest, and The Parties recognize the benefits of maintaining a healthy urban forest for the reduction of urban heat and the storage of carbon, and By adopting strategies for tree removal and replanting that will gradually shift the City’s urban forest to a more fire resilient composition, the City will be able to maintain appropriate canopy cover while addressing the hazards of wildfire risk, and The Parties intentions for this Agreement are to collaborate to assess the risk of wildfire on properties, including residential properties, within the City, and utilize such assessments to reduce wildfire risk within the City and inform the City and property owners on appropriate risk mitigation efforts, including advising homeowners on possible structural and material changes to a building, and assisting the City in evaluating tree and vegetation removal to address wildfire risks, and The Parties desire that this Agreement supersedes all prior agreements regarding Wildfire Hazard Assessment Services. 18 AGREEMENT NOW, THEREFORE, for in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1.AFPD shall, upon request of a homeowner, perform a home risk assessment that identifies potential wildfire hazards. 2.AFPD shall advise homeowners that fuel reduction is one aspect of wildfire reduction, and that upon completion of the assessment, other recommendations such as home hardening, roof material selection, and exterior maintenance are provided to the homeowner. 3.AFPD shall recommend to the City a preferred hazard map that shall aid in tree removal decision-making, and AFPD shall present this to both parties for consideration. 4.The City agrees to participate and contribute funding towards software and/or other tools that assist AFPD in home wildfire risk assessments and mitigation. The City shall provide up to $5,000 annually to AFPD to use to obtain and manage said software, subject to annual appropriation. 5.The City shall use the results of the AFPD home assessment to inform possible tree removals on a property for fire mitigation purposes, however the removal and permitting of any tree on a property shall be at the sole discretion of the City, and subject to the requirements of the Code. 6.Both parties shall work collaboratively for the identification and management of evacuation routes and areas of refuge in the event of a wildfire. 7.Term.This agreement shall commence upon the date first written above and shall be valid for one (1) year. The Agreement shall continue to renew automatically for additional one (1) year terms, unless terminated by the other party. 8.Assignability. This agreement is not assignable by any party hereto. 9.Modification. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards or Councils of the Governments and signed by authorized officers of each party. 10.Entire Agreement. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 11.Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 12.Termination Prior to Expiration of Term. Any Party has the right to terminate or withdraw from this Agreement, with or without cause, by giving written notice to the other Parties of such termination and specifying the effective date thereof. Such notice shall be given at least sixty (60) days before the effective date of such termination. Termination of the Agreement relieves the cancelling or withdrawing Party of any further responsibility under this Agreement. 19 13.Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: City of Aspen With Copies to: Sara Ott, City Manager City of Aspen Attorney 130 South Galena St 130 South Galena Street Aspen CO 81611 Aspen, CO 81611 Sara.ott@cityofaspen.com attorney@cityofaspen.com To: Aspen Fire Protection District Rick Balentine, Chief 420 E. Hopkins Ave. Aspen, CO 81611 rick.balentine@aspenfire.com 14.Government Immunity. The parties agree and understand that all parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 15.Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties’ obligations under this Agreement are subject to each individual party’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of any of the parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to pledge or create a lien on any class or source of any of the parties’ bonds or any obligations payable from any class or source of each individual party’s money. 16.Binding Rights and Obligations. The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 17.Agreement made in Colorado. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 20 18.Attorney Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing party, whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney fees. 19.No Waiver. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 20.Authority. Each person signing this Agreement represents and warrants that said person is fully authorized to enter into and execute this Agreement and to bind the party it represents to the terms and conditions hereof. The foregoing Agreement is approved by the Aspen City Council at its regular meeting held on the ____________ day of _____________ 2024. The foregoing Agreement is approved by the Board of the Aspen Fire Protection District at its regular meeting held on the ____________ day of _____________ 2024. In witness whereof the parties hereto have caused this agreement to be executed as of the day and year first written. 21 ATTEST ASPEN CITY COUNCIL By: _____________________By:______________________________ City of Aspen Clerk Torre, Mayor Date:_______________ APPROVED AS TO FORM MANAGER APPROVAL ____________________________________________________________ Austin Weiss, Parks and Sara Ott, City Manager Recreation Director __________________________ Jim True, City of Aspen Attorney 22 ATTEST ASPEN FIRE PROTECTION DISTRICT By: _____________________ ________________________By:______________________________ John Ward, Board President Date:_______________ FIRE CHIEF APPROVAL _________________________________ Rick Balentine, Fire Chief Date:_______________ 23 MEMORANDUM TO:Mayor and City Council FROM:Ryan Loebach, Sr. Project Manager THROUGH:Justin Forman, Director of Utilities Tyler Christoff, Public Works Director MEMO DATE:August 5th, 2024 MEETING DATE:August 13 th, 2024 RE:Resolution # 089, Series of 2024 – Water Treatment Facility Campus Improvements Final Design REQUEST OF COUNCIL:Staff requests a contract award to Garver in the amount of $2,669,000.00 for professional services to design water treatment facility (WTF) improvements, create two construction-level document packages, achieve approval for these construction packages from the Colorado Department of Public Health and Environment (CDPHE), and assist City staff in soliciting and selecting a contractor to construct the project. PREVIOUS COUNCIL ACTION: Council approved a contract with Garver to provide professional engineering services to as-built the existing WTF campus buildings/process equipment/piping, conduct an alternatives analysis for future improvements, recommend a list of WTF capital improvements, and assist staff in scheduling improvement construction updates based on available project budget appropriations. Council has reviewed funding for this project through the 2024 budget approval process. BACKGROUND:The City’s Castle Creek WTF provides potable water to over 4,100 accounts within the water service area, producing between 1.1 to 1.7 billion gallons annually. Constructed in 1965 and expanded in 1986, most of the facility’s equipment is nearly 40+ years old and the filtration media, replaced longer than 15 years ago, is scheduled for replacement. Aspen’s WTF is nearing the end of its useful and regulatory lifespan and capital intervention is required to keep this facility functional for Aspen’s next generations. Over the past 10 months City staff have worked with Garver to develop a detailed list of required Water Treatment Facility Campus Improvements. City staff is seeking approval for a professional design services contract to create construction-level documents for the high and medium-prioritized improvements summarized in Attachment A: Preliminary Design Project Summary. 24 DISCUSSION:City staff advertised a Request for Proposals (RFP) from qualified engineering consulting firms to provide professional services in 2023. City staff received one bid from Garver. Garver’s proposal was reviewed utilizing the following criteria that were outlined in the RFP: Project Understanding and Approach Consultant Experience Costs Innovative Approach or Suggested Improvements Schedule and Staffing Capacity Garver was selected by the City team because they were the only responsive responsible bidder, their experience and reputation performing similar services, commitment to this project, and their familiarity with the City’s treatment facility. City staff and Garver have planned to deliver the design of this project in two phases. Garver has successfully performed and completed the first phase of the project. Staff is requesting approval to contract with Garver for the final project design phase. Staff anticipates the construction of the highest priority improvements in 2026 and continuing through 2027. FINANCIAL/BUDGET IMPACTS: Staff solicited a detailed scope for professional services to design WTF improvements, create construction-level document packages, achieve approval for these construction packages from CDPHE, and assist City staff in soliciting and selecting a contractor to construct the project. A detailed level of effort spreadsheet and scope of services can be found under Attachment B: Professional Services Agreement with Garver. The current appropriated budget under project 51757 Water Treatment Facility Improvements (within the 421 Water Utility Fund) for this scope of work is $5,392,000 of which $971,810 has already been committed. The proposed contract of $2,699,000 can be afforded within the current appropriation. Appropriated Project Budget $5,392,000 Current Expenditures – Schematic Design $ 971,810 Proposed Expenditures – Final Design Documents $2,699,000 Remaining Project Funding $1,721,190 The 2024 Budget anticipated another $10M in 2025-26 to address many of the projects that have come out of this assessment. This amount is likely not sufficient to fully fund the entire list of enhancements and staff are assessing the long-range financial plan to make adjustments for prioritization of these improvements. The proposed 2025 budget will include a revised schedule to fund the construction of high-priority improvements by 2027. Staff anticipates constructing medium-priority projects in 2030 through 2031. 25 Each yearly appropriation is anticipated to be funded within the current water rate structure and long-range financial plan. ENVIRONMENTAL IMPACTS:Council approval of this professional services contract allows staff to develop strategies and plans that can be implemented to treat raw water more efficiently by potentially using fewer treatment chemicals and creating a smaller volume of process residuals. Reducing chemical usage and residual production quantities increases staff’s ability to sustainably produce potable water for the City. ALTERNATIVES: Staff believes this is a critical project and a necessary expense to continue to produce and distribute water that is safe for human consumption. Alternatively, the city can choose to operate the treatment plant equipment and filter media to a failure point and risk unreliable potable water production in the event a failure occurs. Staff would then be required to procure replacement equipment, materials, and installation labor in an emergency procurement situation. RECOMMENDED ACTION:Staff requests a contract award to Garver in the amount of $2,669,000.00 for professional services to design water treatment facility (WTF) improvements, create construction-level plans and specification packages, achieve approval for these construction packages from the Colorado Department of Public Health and Environment (CDPHE), and assist City staff in soliciting and selecting a contractor to construct the project. PROPOSED MOTION:I move to approve Resolution # 089 of 2024. CITY MANAGER COMMENTS: ATTACHMENTS: A. Preliminary Design Project Summary B. Professional Services Agreement with Garver. C. Resolution # 089 of 2024. 26 RESOLUTION # 089 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND GARVER. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a professional services agreement for the City of Aspen Water Treatment Facility Campus Improvements Final Design, between the City of Aspen and Gaver, 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 the professional services agreement for the City of Aspen Water Treatment Facility Campus Improvements Final Design, between the City of Aspen and Garver, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the 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 13 th day of August 2024. Torre, Mayor I, Nicole Henning, 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 13 th, 2024. Nicole Henning, City Clerk 27 Aspen WTF Improvements Project Summary Garver Project No. 22W23060 Page 1 1.0 Project Background The Aspen Water Treatment Facility (WTF) serves a population of approximately 30,000 customers and has not undergone significant upgrades since the East Plant was constructed in 1985.The City of Aspen (City) contracted Garver to conduct alternative analyses and develop conceptual designs for a wide range of upgrades at the WTF. These upgrades are generally geared towards: Improving WTF automation Increasing filter run times Reducing filter turbidity breakthrough Increasing individual hydraulic capacity to match available treatment capacity Rehabilitating aging equipment, processes, and site conditions 2.0 WTF and Regulatory History The Aspen WTF was originally constructed in 1965 starting with a single circular clarifier/flocculator,four filters with two cells each filter rated at 13 million gallons per day (MGD), and a clearwell for disinfection contact time. In 1970, a second clarifier/flocculator was added to complete the West Plant as it exists today. In 1985, the East Plant was constructed consisting of flocculation and sedimentation in a rectangular basin and a similar filtration system with four filters with two cells each filter rated at 13 MGD. See Figure 1 below for a WTF site layout. Figure 1: Aspen WTF Site Layout 28 Aspen WTF Improvements Project Summary Garver Project No. 22W23060 Page 2 However, since 1962 regulatory requirements for filter performance have become progressively stricter. Those regulatory requirements are as follows: In 1962, the US Public Health Service recommended that turbidity should not exceed 5 turbidity units. In 1975, the USEPA established a maximum contaminant level (MCL) of 1 turbidity unit, In 1989 Surface Water Treatment Rule set a treatment requirement of 0.5 ntu in 95% of monthly combined filter effluent samples In 1998 Interim Enhanced Surface Water Treatment Rule set a treatment requirement of 0.3 ntu in 95% of monthly combined filter effluent samples for plants using coagulation and granular media filtration The City WTF has a proven track record over 40+ years of producing clean, safe drinking water for the City’s customers with a facility that was constructed prior to these increasingly stringent standards. 3.0 Proposed Improvements The proposed improvements are summarized in Table 1 on the following page. 29 Aspen WTF Improvements Project Summary Garver Project No. 22W23060 Page 3 Table 1: Aspen WTF Improvements Summary Process Area Summary of Improvements Driver Priority/Timing OPCC1 (millions) Filters Replace filter beds in both East and West Plants Install air scour to improve filter cleaning Replace backwash pumps and add VFDs Replace piping to reduce hydraulic bottlenecks Water quality, aging equipment High, 2025-2026 Construction $11.7 Controls Replace filter consoles and PLCs Implement a fiber ring network topology to improve redundancy Replace instrumentation including flow meters and pressure transmitters Aging equipment High, 2025-2026 Construction $1.7 Electrical Replace East and West Plant MCCs Upgrade electrical infrastructure to facilitate air scour for filter backwashing Provide independent feeders to East Plant, West Plant, chemical building, and administration building to improve resiliency Wire existing generator to provide standby power oo Music School PS Aging equipment High, 2025-2026 Construction $0.9 Chemical storage and feed Construct a new chemical storage and feed building which combines the chlorination and fluoridation facilities to improve both worker safety and reliability of chemical delivery Aging equipment, health & safety Medium, 2030-2031 Construction $5.5 Site drainage and building exteriors Re-grade the site and install gutters and a storm drain system to reduce ice and snow buildup and lengthen asphalt longevity Rehabilitate building exteriors Health & safety, aging equipment Medium, 2030-2031 Construction $2.6 Hydraulics Widen filtered water weirs at both plants to reduce hydraulic constraints Re-route clearwell feed from East Plant next to feed from West Plant Capacity High, 2025-2026 Construction $0.5 Flocculation and sedimentation Demolish existing West Plant clarifiers and construct a 26-mgd, three-basin flocculation/sedimentation system that meets CDPHE design requirements Construct a new coagulant storage and feed building adjacent to the proposed flocculation/sedimentation basins Regulatory compliance, water quality, capacity Low, Potential Future Construction $24.0 Residuals handling Construct a second backwash pond to increase settling time and improve the quality of the WTF’s surface water discharge to Castle Creek Construct new drying beds to reduce disposal frequency/costs Regulatory compliance, water quality Low, Potential Future Construction $3.9 Total $51.0 1OPCCs (opinions of probable cost) represent conceptual-level cost estimates. 30 Aspen WTF Improvements Project Summary Garver Project No. 22W23060 Page 4 3.1 Filters and Backwash The WTF runs eight filter units in each of its two plants for a total of 16 granular media filters. In addition to replacing aging components such as the existing media and underdrain systems, the City was interested in evaluating increasing the media depth to improve filtration performance. Garver recommends replacing the existing block-style underdrains with stainless steel laterals which are more durable and are lower profile, allowing for more media depth.This work will also include improving hydraulics by replacing older valves and actuators and upsizing filter piping to get the plant closer to its design capacity. To improve backwash effectiveness, Garver recommends installing an air scour system to complement the existing surface wash system. Concurrent air and water backwash systems provide much more violent agitation than water alone. Because the filters get cleaner, they can run for longer periods without turbidity breakthrough or headloss buildup. The City also plans to replace its four existing backwash pumps and install variable frequency drives (VFDs) to improve the efficiency of its backwash cycles. 3.2 Electrical and Controls The WTF’s East and West motor control centers (MCCs)are at the end of their useful lives and should be replaced to facilitate the addition of air scour blowers and backwash pump VFDs to the filter processes. Garver will also modify the electrical distribution system to provide independent feeders to the East Plant, West Plant, new chemical building, and administration building for increased electrical resiliency.Garver will also include scope to rewire existing WTF generator to power Music School Pump Station. The City is also planning controls improvements to increase redundancy and automation capabilities. This includes replacing PLCs, critical instrumentation, operator interfaces, and other equipment.New SCADA architecture for the new fiber ring will be provided. 3.3 Chemical Feed and Storage Currently, the East and West Plants each have their own, dedicated chemical storage,batch,and feed facilities for coagulant, filter aid, and sodium fluorosilicate.Bleach (or sodium hypochlorite)is stored in a centralized building between the two plants but is fed separately to each plant’s combined filter effluent wet well.There are a variety of operational and safety issues associated with this setup. First, the separate feed systems double the equipment that requires ongoing maintenance. Second, storing sodium fluorosilicate in the plant buildings poses a safety hazard to the employees with desks in those buildings. In addition, existing chemical storage rooms lack CDPHE-and OSHA-required safety features such as eyewash stations, safety showers, and secondary containment. Garver proposes constructing a combined fluoride and chlorine storage and feed building to the west of the existing clearwell to remedy the operational and safety issues associated with the current configuration. The new chemical storage and feed building would provide enough bulk storage to last the WTF through the winter, when chemical delivery from Denver can be unreliable due to Interstate 70, Highway 82, and the access road to the WTF. Day tanks will provide operational flexibility. The new building will include transfer pumps, feed pumps, valves, tubing, instrumentation, and all other required appurtenances. 3.4 Exterior Buildings and Site Drainage Lack of adequate drainage and stormwater management at the WTF site has deteriorated the existing pavement. In addition to grading to facilitate process improvements, Garver also recommends additional 31 Aspen WTF Improvements Project Summary Garver Project No. 22W23060 Page 5 grading to avoid ponding on site and recommends installation of a storm drain system. Snow cleats, gutters, and downspouts should be installed to reduce snow accumulation against structures which has caused damage to several exterior walls at the site. 3.5 Hydraulics While the West Plant is rated for 13 million gallons per day (mgd), the WTF can only run a maximum of approximately 8 mgd through the plant. This is due to hydraulic constraints such as undersized piping and uneven flow splitting between the clarifloc units. Garver proposes to widen the filtered water weir and increase the diameter of some filter piping to help improve the hydraulics through the West Plant. Additionally, the filtered water feed piping from the East Plant to the clearwell will be upsized and re- routed next to the West Plant’s feed piping to reduce the number of entry points into the clearwell. 3.6 Flocculation and Sedimentation Systems The West Plant pretreatment system consists of two circular clarifying flocculators. The East Plant pretreatment system consists of a two-stage flocculation basin followed by tube settlers. Both the West and East Plant flocculation/sedimentation processes are permitted with design criteria deviations from the Colorado Department of Health and Environment’s (CDPHE’s) rules for flocculation hydraulic residence time and sedimentation overflow rate. While these deviations are approved right now, they present a regulatory risk if CDPHE decides in the future that the WTF cannot continue to operate outside of the department’s design standards. Furthermore, lack of adequate pretreatment systems (e.g., rapid mixing, flocculation time,and sedimentation area)requires the WTF’s filtration process to “work overtime” during spring runoff and dust-on-snow events, presenting a possible water quality risk to Aspen customers if there is turbidity breakthrough from the filters during these challenging water treatment periods.These plants were built when drinking water turbidity requirements were up to 5 NTU –modern standards are less than a tenth of that now at 0.3 NTU. Garver evaluated a wide range of options for improving the performance of both plants’ pretreatment systems. Alternatives included retrofitting the existing clarifiers and basins, expanding the East Plant basins, replacing the West Plant clarifiers with rectangular basins while continuing to operate the East Plant basins, and other combinations. Ultimately, the City’s preferred approach is to replace the West Plant’s clarifiers with rectangular flocculation/sedimentation basins with enough capacity to serve both the East and West Plants. This option is both cost effective (on a “per unit of treatment” basis) and would streamline the WTF’s operations. 3.7 Residuals Handling The WTF’s backwash pond was never expanded to accommodate the East Plant’s residuals production, and the pond requires frequent dredging and mucking. Residuals are applied to the adjacent drying bed for further dewatering before they are hauled and disposed. Upgraded residuals management facilities would reduce the operations and maintenance associated with relying on just one backwash pond and one drying bed and would provide enough capacity for future flows. Garver recommends constructing a second backwash pond for additional capacity and to allow for operation cycling.This increased capacity would allow the WTF to settle its solids for longer and would improve the water quality of the effluent discharged into Castle Creek.The new backwash pond would be equipped with underdrains to improve residuals dewatering, while the existing backwash pond will be lined with concrete and retrofitted with underdrains. Garver also recommends replacing the existing 32 Aspen WTF Improvements Project Summary Garver Project No. 22W23060 Page 6 drying beds with concrete-lined basins equipped with bed runners and drainage piping to further reduce residuals disposal frequency and costs. 33 Agreement Professional Services Page 0 Updated 5/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2025-335 AGREEMENT made this 25th day of July, in the year 2024. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Garver c/o Rick Huggins 744 Horizon Court, Suite 140 Grand Junction, CO 81506 970-985-9902 rhuggins@garverusa.com For the Following Project: City of Aspen Water Treatment Facility Campus Improvements Final Design Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: August 13, 2024 Resolution No.: 2024-089 Exhibit A: Scope of Work and Detailed Fee. Exhibit B: Hourly Rate Schedule. Total: $2,669,000.00 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 34431 Agreement Professional Services Page 1 Updated 5/2024 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A (“Work or Scope of Work”) attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed in accordance with schedule shown in Exhibit A and no later than December 31, 2025. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowanc- es for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. Time is to be of material consideration under this Agreement. Professional schedule and compensation shall receive equitable adjustment for any impacts caused by events outside the control of the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Expenses and subconsultant cost shall be subject to a 10% markup to compensate Professional for overhead costs associated with these expenses and subcontracts. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other, not to be reasonably withheld. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, to the extent of the subcontract services. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor, to the extent payment for Work has been provided to the Professional. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon such termination for convenience, the Professional shall be entitled to receive payment for: (i) the value of the Work completed to the date of termination not previously covered by monthly payments, including profit with respect to such completed services, (ii) documented and reasonable costs (plus profit on such costs) incurred by the Professional to implement such termination (including demobilization costs, and termination/cancellation costs under sub contracts and purchase orders). Upon any termination, Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 35432 Agreement Professional Services Page 2 Updated 5/2024 all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City, the Professional may retain copies of all information provided under this agreement Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to perform any and all services required herein in accordance with generally accepted practices and standards employed by the applicable United States professional services industries as of the effective date practicing under similar conditions and locale. Such generally accepted practices and standards are not intended to be limited to the optimum practices, methods, techniques, or standards to the exclusion of all others, but rather to a spectrum of reasonable and prudent practices employed by the United States professional services industry. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this agreement. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontrac- tors during the performance of this agreement. Professional shall indemnify City against all liability and loss in connection with and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all third party tort liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, sickness, disease, death, tangible property loss or damage, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the negligence, or intentional fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment, as well as related expenses, attributable to such act, omission, or other fault of the City, its officers, or employees. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 36433 Agreement Professional Services Page 3 Updated 5/2024 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, the minimum insurance coverages listed below. Any subconsultant hired by Professional to provide services under this Agreement shall be required to maintain insurance coverages commensurate to this respective scope of work. All such coverages shall be procured and maintained by both Professional and its subconsultants with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket, limited contractual, independent contractors, products, and completed operations. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. (iv) Professional Liability insurance with the minimum limits of TWO MILLION DOLLARS ($2,000,000) each claim and FIVE MILLION DOLLARS ($5,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds to the extent of the indemnities agreed between Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 37434 Agreement Professional Services Page 4 Updated 5/2024 the parties in Section 8 of this Agreement. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above such that no erosion occurs to the limits of liability agreed upon in this Section 9. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled or terminated until at least thirty (30) days prior written notice has been given to the City. The Professional will provide thirty (30) days written notice of material change. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any redacted policy and any redacted endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 38435 Agreement Professional Services Page 5 Updated 5/2024 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. Representation Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional represents that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 39436 Agreement Professional Services Page 6 Updated 5/2024 (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representativ e of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 40437 Agreement Professional Services Page 7 Updated 5/2024 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees and Waiver of Jury Trial. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. Each party irrevocably waives, to the fullest extent permitted by applicable laws, any and all right to trial by jury. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 41438 Agreement Professional Services Page 8 Updated 5/2024 authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A and B. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 28. Mutual Waiver. Excepting indemnity claims under Section 8 of this Agreement and except as covered by the insurance policies required pursuant to Section 9 of this Agreement and to the fullest extent permitted by law, neither City, the Professional, nor their respective personnel shall be liable for any consequential, special, incidental, indirect, punitive, or exemplary damages, or damages arising from or in connection with loss of use, loss of revenue or profit (actual or anticipated), loss by reason of shutdown or non-operation, increased cost of construction, cost of capital, cost of replacement power or customer claims, and City hereby releases the Professional and the Professional releases City, from any such liability. 29. Limitation. In recognition of the relative risks and benefits of the project to both the City and Professional, City hereby agrees, with the exception of indemnity claims under Section 8 of this Agreement, that Professional’s and its personnel’s total liability under the Agreement shall be limited to three hundred percent (300%) of Professional’s fees set forth in Exhibit A. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 42439 Agreement Professional Services Page 9 Updated 5/2024 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: _____________________________ _______________________________ [Signature] [Signature] By: __________________________ By: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-7/26/2024-M:\city\cityatty\arch\ag1-981.doc Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B Mary Elizabeth Mach Vice President 7/28/2024 | 9:34:24 AM MDT 43440 Exhibit A - Scope of Services Page 1 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 EXHIBIT A (SCOPE OF SERVICES) Garver agrees to perform engineering services for the City of Aspen (Owner) Water Treatment Facility (WTF) Campus Improvements as stated below and in accordance with the stipulations in this agreement. The current scope includes detailed design, procurement support for selecting a Construction Manager at Risk (CMAR), project management during detailed design, and completion of or assistance with relevant permits and approvals. The proposed improvements include construction of new facilities and rehabilitation of existing facilities to increase the performance and the ease of operation and maintenance activities at the WTF. The scope of the proposed work was developed during the previous conceptual design phase and will be detailed in the Preliminary Basis of Design Report delivered as part of that phase of work. In general, the design scope includes the following: A. Electrical a. Replace the West and East Plant MCCs. b. Provide electrical infrastructure for 75-HP air scour blowers at both plants. c. Modifications to electrical distribution system to provide independent feeders to East Plant, West Plant, chemical building, and administration building for increased electrical resiliency d. Remove abandoned conduit, wires, junction boxes, and equipment. e. Connect the Music School Pump Station to the standby generator. B. Controls a. Design upgrades/replacements for programmable logic controllers (PLCs) and remote telemetry units (RTUs) in the water treatment facility. b. New filter controls to provide for redundant processors to control both plants. c. Design improvements and upgrades to the filter control consoles, anticipated to be full replacement and upgrades to modern standards. d. Relocate radios into a temporary panel. e. Design of new and/or replacement of instrumentation as required for process improvements. f. Provide new SCADA architecture for the new fiber ring. g. Integrate the Qdos chemical metering pumps, purchased by the City in 2024, into the SCADA system. C. Chemical storage, application, and mixing a. Decommission the existing sodium hypochlorite storage building. b. Construct a new chemical storage and feed building which combines the chlorination and fluoridation facilities (storage, batch, and feed). Evaluate option to relocate chlorination and fluoridation dose locations to the clearwell inlet piping adjacent to the proposed chemical building. c. Ensure new building and feed panel design is sited to allow for safe and efficient delivery of bulk chemicals. d. Provide demolition and decommissioning design and planning for the existing fluoride feed and storage systems at the water treatment facility. e. Redesign the potable water meter vault and incorporate into the new chemical building and include new flowmeters, drain to sewer, and entry point monitoring instrumentation. f. Install a motor-actuated valve and air release valve to isolate the clearwell from the distribution system at a low water level set point. Valves will be installed either in the proposed new potable water meter vault or a new vault slightly downgradient. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 44411 Exhibit A - Scope of Services Page 2 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 g. Design relocation of existing piping/other utilities to facilitate location of building in this location. D. Media filters and scouring a. Replace filter beds (including media and underdrains) in both East and West Plants. b. Replace the existing surface wash system with an air scour system. c. Replace the existing backwash pumps with new pumps and VFDs. d. Replace older filter gallery valves and actuators. e. Add hand-actuated valves to allow for isolation of half of the filter beds at the West Plant. f. Replace piping as necessary at the West Plant to reduce hydraulic bottlenecks. g. Route process drains to sewer. E. Exterior buildings and site a. Develop WTF campus drainage plan. i. Re-grade existing site for improved drainage and to facilitate process improvements as necessary. ii. Design a storm drain system in accordance with Aspen Engineering Department approved drainage plan. iii. Relocate and/or incorporate building roof drainage downspouts into storm drain design. b. Design and construct the following yard piping for process improvements: i. Chemical feed piping associated with new chemical facility ii. Rerouting of finished water piping to allow for a single distribution point of entry location. iii. Re-routing filtered water piping as necessary for hydraulic improvements iv. Preliminary design for yard piping associated with proposed sedimentation basins and filters (or full design, if Phase 7, Task 7.1 is desired) v. Preliminary design for yard piping associated with adding a second backwash pond (or full design, if Phase 7, Task 7.1 is desired) c. Grade for and designate parking spaces d. Reconstruct the ADA ramp on the north side of the admin building in accordance with renderings shown on April 5, 2024, email from Greta Stetson and Jesus Sosa. F. Hydraulic improvements a. Lengthen the West Plant filtered water box weir opening b. Lengthen the East Plant filtered water box weir opening c. Re-route East Plant filtered water clearwell feed pipe to be adjacent to the West Plant clearwell feed pipe. G. Flocculation and sedimentation processes a. Demolish the existing West Plant clarifiers and construct three flocculation/sedimentation basins with a combined capacity of 26 mgd. b. This design will include new raw water piping, a meter vault, rapid mix chambers and equipment, flocculation equipment, plate settlers, and sludge collection equipment. c. A building will be designed to house the rapid mix chambers and equipment as well as coagulant storage and feed systems. d. The flocculation and sedimentation basins will be covered with insulated FRP or aluminum covers to minimize freezing. H. Backwash ponds and residuals handling process a. Construct a second backwash pond to the north of the existing pond to add capacity and improve settling and operational flexibility. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 45412 Exhibit A - Scope of Services Page 3 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 b. Construct new drying beds to allow for freeze/thaw cycling and provide for residuals storage throughout the winter. 1. PHASE 1 – CMAR SUPPORT 1.1. TASK 1.1 – CMAR BID/SOLICITATION A. Garver will support the City in developing a request for proposal (RFP) for CMAR solicitation. The RFP should be published with sufficient time to allow for interview and selection of a CMAR by August 2024. To facilitate an efficient design phase, Garver recommends contracting the CMAR prior to the initiation of preliminary design. The CMAR solicitation process will be based on qualifications and price and the successful CMAR will be identified based on best value. The CMAR solicitation documents will be EJCDC standards. a. Garver will develop a CMAR solicitation and solicit statements of qualifications (SOQs) and cost summary forms (for representative packages) from up to four (4) contractors OR Garver will assist the City in posting a public bid. b. Garver will participate in in-person interviews at the City’s request for up to three (3) qualified CMAR contractors. c. Garver will review CMAR SOQs and cost summaries and make a recommendation to the City for selection. d. Garver will assist the City in negotiating a CMAR Preconstruction Contract with the selected CMAR that provides for the City to leave the contract, if desired, at the final GMP. e. Garver will assist the City in adopting EJCDC standard contract documents and revising them, where necessary, to reflect the City’s requirements. 1.2. TASK 1.2 – CMAR COORDINATION DURING DESIGN A. Following CMAR selection, Garver will conduct a project on-boarding meeting and site walk with the CMAR and the City to present the conceptual design of the proposed improvements. Up to three (3) representatives from Garver will conduct this meeting and site walk. In addition to familiarizing the CMAR with the project, the goal of this meeting and site walk is for the CMAR to provide input on phasing and construction sequencing. B. Garver will conduct design review meetings with the CMAR and Owner at each milestone deliverable. Garver will solicit feedback from the CMAR on value engineering, materials of construction, maintenance of operations, and building systems. C. Garver will collaborate with the CMAR to develop a risk register to track project risks and mitigation techniques. D. Garver will assist the City in negotiating a CMAR construction contract for each bid package. 1.3. TASK 1.3 – INDEPENDENT COST ESTIMATING A. Garver will review the CMAR-developed cost estimate at the preliminary, 60%, and 90% design phases. Garver will also build its own cost estimates at the preliminary, 60%, and 90% phases to serve as checks on the CMAR-presented GMPs and will actively participate in cost reconciliation. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 46413 Exhibit A - Scope of Services Page 4 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 a. Garver will prepare comparison spreadsheets between the CMAR OPCC and Garver’s OPCC at each design phase. b. Garver will participate in a final GMP review workshop at 90%. During the GMP review workshop the CMAR will present open book accounting and a final GMP for each bid package. Garver will review the final GMP with the City and assist in up to two rounds of review and revisions to the bid package. 2. PHASE 2 – PRELIMINARY DESIGN 2.1. TASK 2.1 – PRELIMINARY DESIGN FACILITY MODEL AND DRAWINGS A. Garver will use the previously developed existing conditions BIM model to develop a revised 3D model that includes the City’s preferred improvements. B. Garver will develop preliminary plans. The preliminary plans will include the following: a. General notes b. Hydraulic profile c. Process layout plans and section d. Process and instrument diagrams e. Civil grading and paving plans f. Civil yard piping plans g. Electrical one lines C. Garver will develop a draft Table of Contents for technical specifications. Based on the technical specifications and equipment expected for the project, Garver will work with the CMAR develop a list of long lead time items for the CMAR to consider as an early procurement bid package. D. Task 1 Deliverables: (a) Access to 3D models (b) Preliminary Design Review Package a. Preliminary design drawings b. Draft technical specification table of contents 2.2. TASK 2.2 – PRELIMINARY DESIGN WORKSHOP A. Preliminary Design Workshop Garver will plan and host a Preliminary Design Workshop. This workshop will generally include the following agenda items: (a) Review draft updated facility BIM (b) Review drawings alongside the BIM review (c) Long lead time equipment (in collaboration with the CMAR) (d) Risk register (in collaboration with the CMAR) B. Task 2 Deliverables: (a) Meeting minutes including a table of all preliminary design comments and decisions Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 47414 Exhibit A - Scope of Services Page 5 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 2.3. TASK 2.3 – GEOTECHNICAL EVALUATIONS A. Geotechnical Investigations for Design Garver will coordinate with City of Aspen to identify bore hole locations for geotechnical drilling to support foundation design where needed. Garver will develop a site plan drawing showing locations and depth of proposed bores. We anticipate that approximately ten bores will be needed: a. One bore at two corners of the potential new chemical building b. Four bores at the corners of the proposed flocculation and sedimentation basin c. Four bores in the vicinity of the proposed backwash pond Garver will coordinate with the City of Aspen to hire a geotechnical engineer to complete geotechnical exploration and provide a geotechnical report with foundation recommendations for the modifications and new buildings identified during conceptual design. B. Task 4 Deliverables a. Geotechnical Bore Plan b. Geotechnical Scope for RFP 3. PHASE 3 – DETAILED DESIGN AND PREPARE CONSTRUCTION DOCUMENTS A. During the detailed design phase of the project, Garver will conduct final design to prepare issued for construction plans and specifications for one (1) construction contract, including final construction drawings and technical specifications. The final design phase is anticipated to have three major submittals at 60%, 90%, and 100%. B. Garver will complete final design for the following improvement areas: a. Electrical b. Controls c. Chemical storage, application, and mixing d. Media filters and scouring e. Exterior buildings and site f. Hydraulic improvements C. Final design for the flocculation and sedimentation process improvements and the backwash ponds and residuals handling improvements may be completed under Special Services. 3.1. DRAWINGS AND SPECIFICATIONS A. Based upon the results of the approved preliminary design by the Owner, Garver will develop the detailed plans and specifications as a part of the Final Design for a single construction contract. Garver will provide only technical specifications. Front end documents will be the responsibility of the CMAR. a. Garver anticipates approximately 250 drawings. A preliminary sheet list is included in Attachment A. b. Garver will follow the most recent available Construction Specifications Institute MasterFormat guidelines for the content and indexing of the technical specifications. A preliminary list of technical specifications is included in Attachment A. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 48415 Exhibit A - Scope of Services Page 6 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 B. During the detailed design phase of work periodic conformance reviews will be held internally and with the City to ensure compliance with all City of Aspen Standards and Policies, including the current adopted IBC and NFPA requirements. Code conformance review will be completed during each QA/QC review at 60% and 90% design milestones. 3.2. CONSTRUCTION SEQUENCING REVIEW AND PLAN A. Garver, CMAR, and Owner will review potential construction sequencing and the overall approach to project implementation to minimize disruption of the WTF operation during construction. Construction sequencing discussions will be focused on the 60% design milestone. The agreed-upon work sequence will be incorporated into the 90% documents for review. 3.3. DETAILED DESIGN WORKSHOPS A. Garver will lead design review workshops at 60% and 90%. These workshops will be held at the Aspen WTF to solicit comments and feedback from the Owner. Following the 90% Workshop, review comments will be updated into the final bid-ready plans and specifications. These design review meetings will include design progress submittals that provide comprehensive project plans, coordinated between disciplines, in electronic format and one (1) full-size hard copy plan set. B. The 60% Design Workshop will include the following agenda, with focus on electrical and SCADA improvements. a. Drawing and design review b. Electrical design review c. PLC selection, remote site communication, and any updates to the SCADA architecture d. Process control description review e. Maintenance of plant operations review f. Listed equipment manufacturer review g. Long lead pre-purchase C. The 90% Design Workshop will include the following agenda: a. Drawing and design review b. Maintenance of plant operations final review c. Bidding packaging 3.4. DETAILED DESIGN PHASE DELIVERABLES A. This phase will include the following deliverables: a. At 60% Design: i. Electronic PDF copies of Plans and Specifications ii. One (1) full-sized hard copy of the Plans, at City’s request iii. Electronic copy of Garver’s OPCC b. At 90% Design: i. Electronic PDF copies of Plans and Specifications ii. One (1) full-sized hard copy of the Plans, at City’s request iii. Electronic copy of Garver’s OPCC Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 49416 Exhibit A - Scope of Services Page 7 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 c. At 100% Design: i. Electronic PDF copies of Plans and Specifications ii. Two (2) hard copies of the Specifications iii. One (1) full-sized hard copy of the Plans iv. Two (2) half-sized hard copies of the Plans v. Electronic copy of Garver’s OPCC 4. PHASE 4 – BIDDING SUPPORT SERVICES A. Garver will also assist with CMAR-led bidding. The scope of services assumes the bidding period for prequalified bidders is 60 calendar days. During the bidding period phase of the project, Garver will: a. Support the contract documents by preparing addenda as appropriate and providing to City Staff. b. Participate in a pre-bid meeting. c. Participate in a construction site tour by interested pre-bid meeting attendees and other interested parties. d. Attend the bid opening. e. Attend and participate in reporting recommendation of award to City Council. f. Assist City in preparing construction contracts. g. Prepare conformed documents and provide: i. To the Contractor: three (3) hard copies of specifications, three (3) hard copies of full-size drawings and three (3) hard copies of half-size drawings. Electronic (PDF) copies to be provided as requested. ii. To the Owner: three (3) hard copies of specifications and three (3) hard copies of half-size drawings. Electronic (PDF) copies to be provided as requested. 5. PHASE 5 – PROJECT MANAGEMENT AND PERMITTING SUPPORT 5.1. TASK 5.1 - PROJECT MANAGEMENT a. Garver will provide ongoing project management including but not limited to the following: a. Coordinating with internal team members, subcontractors, and the Owner during planning stages b. Conducting internal reviews including QA/QC comments of deliverables with the comments incorporated prior to delivery to Owner c. Providing project planning and scheduling including meeting with Owner as required to coordinate the planning and scheduling tasks of the project d. Providing the Owner with monthly project status reports including progress on work tasks and schedule throughout the project e. Submitting to the Owner detailed monthly invoices 5.2. TASK 5.2 – CDPHE PERMITTING A. Garver will expand on the preliminary BDR developed during conceptual design to develop the final BDR required for the CDPHE design review process. Garver will develop additional analyses and documentation as necessary to meet CDPHE requirements including, but not limited to, the following: a. Research on and descriptions of sources of potential contamination b. Summaries of historical flow and water quality data Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 50417 Exhibit A - Scope of Services Page 8 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 c. Monitoring and sample evaluation d. Process flow diagrams e. Preliminary plan of operation The final BDR, plans, and specifications will be submitted to CDPHE initially at 60% design to allow for requests for information and other coordination with CDPHE well before the planned construction start date. Garver will respond to any requests for information (RFIs) from CDPHE in response to the BDR and other design review submittals. 5.3. TASK 5.3 – CITY PERMITTING SUPPORT DURING DETAILED DESIGN A. Garver will provide ongoing permit support during the project. Anticipated work includes the following: a. Assisting Utilities Department Staff in educating and informing other City Departments and Council on the upcoming project. b. Assisting Utilities Department Staff in preparing/submitting applications for local planning approvals at the City and County Level, including special use applications, landscape and grading applications, or other City and County planning processes. c. Garver assumes that the City will submit all local permit applications and approvals and pay all required application fees. 6. PHASE 6 – CONSTRUCTION ADMINISTRATION (POST DESIGN CONTRACT) Garver has local engineering staff in the Roaring Fork Valley and would be pleased to prepare a proposal for Construction Administration (CA) services after construction award of this project. 7. PHASE 7 – SPECIAL SERVICES Services listed in Phase 7 - SPECIAL SERVICES will only be used with written authorization from the Owner. 7.1. TASK 7.1 – DETAILED DESIGN AND PREPARE CONSTRUCTION PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS Garver will conduct final design to prepare issued for construction plans and specifications for the flocculation and sedimentation process improvements and the backwash ponds and residuals handling improvements concurrently with the Phase 3 tasks discussed above. 7.2. TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES The base contract is for a single construction phase or package. This task will authorize Garver to package the design into up to three (3) construction bid packages. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 51418 Exhibit A - Scope of Services Page 9 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 8. SCHEDULE Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed. An estimated schedule is shown below but these dates are not binding. The project schedule will be updated as necessary subject to City approval. Phase Description Calendar Days Estimated Completion Date Notice to Proceed 0 8/16/2024 Develop and publish CMAR RFP 28 8/16/2024-9/13/2024 CMAR selection 35 9/13/2024-10/18/2024 CMAR contract negotiations 21 10/18/2024-11/8/2024 CMAR project on-boarding meeting and site walk 1 11/11/2024 Preliminary design 88 11/11/2024-2/7/2025 60% design and submittal of BDR to CDPHE 91 2/7/2025-5/9/2025 90% design 91 5/9/2025-8/8/2025 100% design package submittal 49 9/26/2025 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 52419 Exhibit A - Scope of Services Page 10 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 9. FEE Garver will complete the work, including the Special Services tasks, for $2,669,000. A summary of Garver’s fee is shown below: Basic Services Estimated Fee PHASE 1 – CMAR SUPPORT $ 113,448 PHASE 2 – PRELIMINARY DESIGN $ 648,628 PHASE 3 – DETAILED DESIGN AND PREPARE CONSTRUCTION DOCUMENTS $ 937,880 PHASE 4 – BIDDING SUPPORT SERVICES $ 83,172 PHASE 5 – PROJECT MANAGEMENT AND PERMITTING SUPPORT $ 293,788 Subtotal for Basic Services Section $ 2,076,916 Special Services Estimated Fee TASK 7.1 – DETAILED DESIGN AND PREPARE CONSTRUCTION PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS $ 546,664 TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES $ 45,420 Subtotal for Special Services Section $ 592,084 TOTAL $ 2,669,000 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 53420 Exhibit A - Scope of Services Page 11 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 ATTACHMENT A – DRAFT SHEET LIST AND DRAFT TECHNICAL SPECIFICATIONS LIST Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 54421 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #1 01 G 001 01-G001 COVER SHEET 2 01 G 002 01-G002 INDEX OF DRAWINGS 3 01 G 003 01-G003 INDEX OF DRAWINGS 4 01 G 004 01-G004 GENERAL CONVENTIONS AND ABBREVIATIONS 5 01 G 005 01-G005 PROCESS FLOW DIAGRAM 6 01 G 006 01-G006 HYDRAULIC PROFILE - EAST PLANT 7 01 G 007 01-G007 HYDRAULIC PROFILE - WEST PLANT 8 01 G 008 01-G008 RESIDUALS HYDRAULIC PROFILE 9 01 G 009 01-G009 MASS BALANCE 10 01 G 010 01-G010 CIVIL NOTES AND LEGEND 1 11 01 G 011 01-G011 CIVIL NOTES AND LEGEND 2 12 01 G 012 01-G012 PROCESS & INSTRUMENTATION DIAGRAM LEGEND 13 01 G 013 01-G013 STRUCTURAL NOTES, LEGEND, AND ABBREVIATIONS 14 01 G 014 01-G014 BUILDING CODE REVIEW 15 01 G 015 01-G015 PROCESS MECHANICAL NOTES, LEGENDS, AND ABBREVIATIONS 16 01 G 016 01-G016 BUILDING MECHANICAL NOTES, LEGENDS, AND ABBREVIATIONS 17 01 G 017 01-G017 ELECTRICAL NOTES, LEGENDS, AND ABBREVIATIONS 18 05 C 101 05-C101 EXISTING SITE PLAN 19 05 X 101 05-X101 PROPOSED DEMOLITION PLAN 20 05 C 102 05-C102 PROPOSED SITE PLAN 21 05 C 105 05-C105 CONSTRUCTION SEQUENCE PLAN 22 05 C 201 05-C201 GRADING, PAVING, AND DRAINAGE PLAN - OVERVIEW 23 05 C 202 05-C202 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 1 24 05 C 203 05-C203 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 2 25 05 C 204 05-C204 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 3 26 05 C 205 05-C205 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 4 27 05 C 206 05-C206 ROAD PROFILES 1 28 05 C 207 05-C207 ROAD PROFILES 2 29 05 C 208 05-C208 TYPICAL ROAD SECTIONS 1 30 05 C 209 05-C209 EROSION CONTROL PLAN 1 31 05 C 210 05-C210 EROSION CONTROL PLAN 2 32 05 C 211 05-C211 DRAINAGE AREA MAP - EXISTING OVERVIEW 33 05 C 212 05-C212 DRAINAGE AREA MAP - PROPOSED OVERVIEW 34 05 C 213 05-C213 DRAINAGE PROFILES 1 35 05 C 300 05-C300 EXISTING YARD PIPING PLAN - OVERVIEW 36 05 C 301 05-C301 EXISTING YARD PIPING DEMOLITION PLAN - OVERVIEW 37 05 C 302 05-C302 PROPOSED YARD PIPING PLAN - OVERVIEW 38 05 C 303 05-C303 PROPOSED YARD PIPING PLAN - ENLARGED 1 39 05 C 304 05-C304 PROPOSED YARD PIPING PLAN - ENLARGED 2 40 05 C 305 05-C305 PROPOSED YARD PIPING PLAN - ENLARGED 3 41 05 C 306 05-C306 PROPOSED YARD PIPING PLAN - ENLARGED 4 42 05 C 307 05-C307 YARD PIPING PROFILES 1 43 05 C 308 05-C308 YARD PIPING PROFILES 2 44 05 C 309 05-C309 YARD PIPING PROFILES 3 45 05 C 310 05-C310 YARD PIPING PROFILES 4 46 05 C 311 05-C311 CHEMICAL YARD PIPING PROFILES 1 47 05 C 312 05-C312 CHEMICAL YARD PIPING PROFILES 2 48 05 C 501 05-C501 CIVIL DETAILS 1 49 05 C 502 05-C502 CIVIL DETAILS 2 50 05 E 100 05-E100 ELECTRICAL SITE PLAN - OVERVIEW 51 05 E 101 05-E101 ELECTRICAL SITE PLAN 1 52 05 E 102 05-E102 ELECTRICAL SITE PLAN 2 53 05 E 103 05-E103 ELECTRICAL SITE PLAN - ENLARGED SECURITY GATE 54 05 E 201 05-E201 ELECTRICAL DUCT BANK PROFILES 1 55 05 E 202 05-E202 ELECTRICAL DUCT BANK PROFILES 2 56 08 I 151 08-I151 WEST PLANT FILTER 1-2 P&ID DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title Page 1 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 55422 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 57 08 I 152 08-I152 WEST PLANT FILTER 3-4 P&ID 58 08 I 153 08-I153 WEST PLANT FILTER 5-6 P&ID 59 08 I 154 08-I154 WEST PLANT FILTER 7-8 P&ID 60 08 I 251 08-I251 EAST PLANT FILTER 1-2 P&ID 61 08 I 252 08-I252 EAST PLANT FILTER 3-4 P&ID 62 08 I 253 08-I253 EAST PLANT FILTER 5-6 P&ID 63 08 I 254 08-I254 EAST PLANT FILTER 7-8 P&ID 64 08 I 301 08-I301 SODIUM HYPOCHLORITE STORAGE AND FEED P&ID 65 08 I 302 08-I302 FLUORIDE STORAGE AND FEED P&ID 66 08 I 701 08-I701 SOLIDS HANDLING P&ID 67 08 I 702 08-I702 SOLIDS HANDLING P&ID 68 15 X 101 15-X101 WEST FILTER DEMOLITION PLAN 69 15 X 301 15-X301 WEST FILTER DEMOLITION SECTIONS 70 15 S 101 15-S101 WEST FILTER STRUCTURAL PLAN OVERVIEW 71 15 S 301 15-S301 WEST FILTER STRUCTURAL MODIFICATION SECTIONS 72 15 S 302 15-S302 WEST FILTER STRUCTURAL MODIFICATION SECTIONS 73 15 P 101 15-P101 WEST FILTER OVERVIEW PROCESS PLAN 74 15 P 102 15-P102 WEST FILTER OVERVIEW PROCESS PLAN 75 15 P 103 15-P103 WEST FILTER OVERVIEW PROCESS PLAN 76 15 P 104 15-P104 WEST FILTER OVERVIEW PROCESS PLAN 77 15 P 105 15-P105 WEST FILTER OVERVIEW PROCESS PLAN 78 15 P 301 15-P301 WEST FILTER OVERVIEW PROCESS SECTION 79 15 P 302 15-P302 WEST FILTER OVERVIEW PROCESS SECTION 80 15 P 303 15-P303 WEST FILTER OVERVIEW PROCESS SECTION 81 15 P 304 15-P304 WEST FILTER OVERVIEW PROCESS SECTION 82 15 P 901 15-P901 WEST FILTER OVERVIEW PROCESS ISOMETRICS 83 15 M 101 15-M101 HVAC IMPROVEMENTS PLAN 84 15 M 601 15-M601 HVAC IMPROVEMENTS SCHEMATIC 85 15 M 602 15-M602 HVAC IMPROVEMENTS SCHEDULE 86 15 E 101 15-E101 WEST FILTER BUILDING ELECTRICAL IMPROVEMENTS PLAN 87 15 E 102 15-E102 WEST FILTER GALLERY ELECTRICAL IMPROVEMENTS PLAN 88 15 E 501 15-E501 WEST FILTER ELECTRICAL IMPROVEMENTS DETAILS 89 15 E 601 15-E601 WEST FILTER ELECTRICAL IMPROVEMENTS SCHEMATICS 90 15 I 101 15-I101 WEST FILTER INSTRUMENTATION IMPROVEMENTS PLAN 91 25 X 101 25-X101 EAST FILTER DEMOLITION PLAN 92 25 X 301 25-X301 EAST FILTER DEMOLITION SECTIONS 93 25 S 101 25-S101 EAST FILTER STRUCTURAL PLAN OVERVIEW 94 25 S 301 25-S301 EAST FILTER STRUCTURAL MODIFICATION SECTIONS 95 25 S 302 25-S302 EAST FILTER STRUCTURAL MODIFICATION SECTIONS 96 25 P 101 25-P101 EAST FILTER OVERVIEW PROCESS PLAN 97 25 P 102 25-P102 EAST FILTER PROCESS PLAN 98 25 P 103 25-P103 EAST FILTER PROCESS PLAN 99 25 P 104 25-P104 EAST FILTER GALLERY PROCESS PLAN LOWER 100 25 P 105 25-P105 EAST FILTER GALLERY PROCESS PLAN UPPER 101 25 P 301 25-P301 EAST FILTER PROCESS SECTIONS 102 25 P 302 25-P302 EAST FILTER PROCESS SECTIONS 103 25 P 303 25-P303 EAST FILTER PROCESS SECTIONS 104 25 P 304 25-P304 EAST FILTER PROCESS SECTIONS 105 25 P 901 25-P901 EAST FILTER ISOMETRIC 106 25 M 101 25-M101 HVAC IMPROVEMENTS PLAN 107 25 M 601 25-M601 HVAC IMPROVEMENTS SCHEMATIC 108 25 M 602 25-M602 HVAC IMPROVEMENTS SCHEDULE 109 25 E 101 25-E101 EAST FILTER BUILDING ELECTRICAL IMPROVEMENTS PLAN 110 25 E 102 25-E102 EAST FILTER GALLERY ELECTRICAL IMPROVEMENTS PLAN 111 25 E 501 25-E501 EAST FILTER ELECTRICAL IMPROVEMENTS DETAILS 112 25 E 601 25-E601 EAST FILTER ELECTRICAL IMPROVEMENTS SCHEMATICS Page 2 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 56423 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 113 25 I 101 25-I101 EAST FILTER INSTRUMENTATION IMPROVEMENTS PLAN 114 40 A 001 40-A001 CHEMICAL STORAGE AND FEED FACILITY LIFE SAFETY PLAN AND CODE ANALYSIS 115 40 A 101 40-A101 CHEMICAL STORAGE AND FEED FACILITY FLOOR PLAN 116 40 A 102 40-A102 CHEMICAL STORAGE AND FEED FACILITY REFLECTED CEILING PLAN 117 40 A 103 40-A103 CHEMICAL STORAGE AND FEED FACILITY ROOF PLAN 118 40 A 201 40-A201 CHEMICAL STORAGE AND FEED FACILITY ELEVATIONS 119 40 A 202 40-A202 CHEMICAL STORAGE AND FEED FACILITY ELEVATIONS 120 40 A 301 40-A301 CHEMICAL STORAGE AND FEED FACILITY BUILDING SECTIONS 121 40 A 601 40-A601 CHEMICAL STORAGE AND FEED FACILITY FINISH SCHEDULE, FINISH LEGEND AND DOOR SCHEDULE 122 40 S 101 40-S101 CHEMICAL STORAGE AND FEED FACILITY FOUNDATION PLAN 123 40 S 102 40-S102 CHEMICAL STORAGE AND FEED FACILITY ENLARGED SLAB PLAN - EXTERIOR CONTAINMENT 124 40 S 103 40-S103 CHEMICAL STORAGE AND FEED FACILITY CEILING FRAMING PLAN 125 40 S 104 40-S104 CHEMICAL STORAGE AND FEED FACILITY ROOF FRAMING PLAN 126 40 S 301 40-S301 CHEMICAL STORAGE AND FEED FACILITY SECTIONS 127 40 S 501 40-S501 CHEMICAL STORAGE AND FEED FACILITY PLAN DETAILS 128 40 P 101 40-P101 CHEMICAL STORAGE AND FEED FACILITY PLAN - OVERVIEW 129 40 P 102 40-P102 CHEMICAL STORAGE AND FEED FACILITY PLAN - FLUORIDE ROOM 130 40 P 103 40-P103 CHEMICAL STORAGE AND FEED FACILITY PLAN - SODIUM HYPOCHLORITE ROOM 131 40 P 301 40-P301 CHEMICAL STORAGE AND FEED FACILITY SECTIONS - FLUORIDE ROOM 132 40 P 302 40-P302 CHEMICAL STORAGE AND FEED FACILITY SECTIONS - SODIUM HYPOCHLORITE ROOM 133 40 P 901 40-P901 CHEMICAL STORAGE AND FEED FACILITY ISOMETRIC VIEW 134 40 P 902 40-P902 CHEMICAL STORAGE AND FEED FACILITY ISOMETRIC VIEW 135 40 M 101 40-M101 CHEMICAL STORAGE AND FEED FACILITY HVAC PLAN 136 40 M 102 40-M102 CHEMICAL STORAGE AND FEED FACILITY PIPING PLAN 137 40 M 103 40-M103 CHEMICAL STORAGE AND FEED FACILITY PLUMBING PLAN 138 40 M 301 40-M301 CHEMICAL STORAGE AND FEED FACILITY HVAC SECTIONS 139 40 M 501 40-M501 CHEMICAL STORAGE AND FEED FACILITY HVAC DETAILS 140 40 M 601 40-M601 CHEMICAL STORAGE AND FEED FACILITY PIPING AND PLUMBING DETAILS AND SCHEDULE 141 40 M 602 40-M602 CHEMICAL STORAGE AND FEED FACILITY HVAC SCHEDULES 142 40 M 603 40-M603 CHEMICAL STORAGE AND FEED FACILITY HVAC AIRFLOW DIAGRAM 143 40 E 101 40-E101 CHEMICAL STORAGE AND FEED ELECTRICAL POWER AND SECURITY PLAN 144 40 E 102 40-E102 CHEMICAL STORAGE AND FEED ELECTRICAL LIGHTING PLAN 145 40 E 103 40-E103 CHEMICAL STORAGE AND FEED ELECTRICAL GROUNDING PLAN 146 40 E 601 40-E601 LIGHTING PANEL 40LP01 SCHEDULE 147 40 E 602 40-E602 CHEMICAL STORAGE AND FEED CONDUIT SCHEDULE 148 40 E 701 40-E701 CHEMICAL PUMP CONTROL PANEL #2 SCHEMATIC (TYP OF 4) 149 40 E 702 40-E702 CHEMICAL PUMP CONTROL PANEL #2 SCHEMATIC (TYP OF 4) CONT. 150 40 E 703 40-E703 CHEMICAL PUMP CONTROL PANEL #2 ELEVATION 151 40 E 704 40-E704 TRANSFER PUMP AND CHEMICAL PUMP CONTROL PANEL #1 SCHEMATICS 152 40 E 705 40-E705 NETWORK CONTROL PANEL SCHEMATIC 153 40 E 706 40-E706 HVAC CONTROL SCHEMATICS 154 40 F 707 40-F707 CHEMICAL STORAGE AND FEED PLAN - FIRE ALARM 155 70 C 101 70-C101 SLUDGE LAGOONS PROPOSED SITE PLAN 156 70 C 201 70-C201 SLUDGE LAGOONS GRADING AND PAVING PLAN 157 70 C 301 70-C301 SLUDGE LAGOONS TYPICAL SECTIONS 158 70 S 101 70-S101 SLUDGE LAGOONS OUTLET AND INLET STRUCTURES OVERALL PLAN 159 70 S 102 70-S102 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE PLANS 160 70 S 103 70-S103 SLUDGE LAGOONS INLET 2A STRUCTURE PLAN AND SECTION 161 70 S 104 70-S104 SLUDGE LAGOONS INLET 2B STRUCTURE PLAN AND SECTION 162 70 S 301 70-S301 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE SECTIONS I 163 70 S 302 70-S302 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE SECTIONS II 164 70 S 401 70-S401 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE DETAILS 165 70 P 101 70-P101 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE PLAN 166 70 P 301 70-P301 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE SECTIONS 167 70 P 901 70-P901 SLUDGE LAGOONS ISOMETRIC VIEW 168 70 P 902 70-P902 SLUDGE LAGOONS OUTLET STRUCTURES ISOMETRIC VIEW DETAILS Page 3 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 57424 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 169 70 P 903 70-P903 SLUDGE LAGOONS INLET STRUCTURES ISOMETRIC VIEW DETAILS 170 75 A 101 75-A101 MISCELLANEOUS BUILDING REPAIRS PLAN 171 75 A 102 75-A102 MISCELLANEOUS BUILDING REPAIRS PLAN 172 75 A 201 75-A201 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 173 75 A 202 75-A202 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 174 75 A 203 75-A203 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 175 75 A 204 75-A204 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 176 75 A 205 75-A205 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 177 75 A 206 75-A206 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 178 75 A 501 75-A501 MISCELLANEOUS BUILDING REPAIRS DETAILS 179 75 A 502 75-A502 MISCELLANEOUS BUILDING REPAIRS DETAILS 180 75 A 503 75-A503 MISCELLANEOUS BUILDING REPAIRS DETAILS 181 80 I 601 80-I601 PLC CP LAYOUT (TYP.) 182 80 I 602 80-I602 I/O LIST I 183 80 I 603 80-I603 I/O LIST II 184 80 I 604 80-I604 I/O LIST III 185 80 I 605 80-I605 I/O LIST IV 186 80 I 606 80-I606 I/O LIST V 187 80 I 607 80-I607 I/O LIST VI 188 80 I 701 80-I701 PLC CONTROL PANEL SCHEMATICS 189 80 I 801 80-I801 NETWORK ARCHITECTURE DIAGRAM I 190 80 I 802 80-I802 NETWORK ARCHITECTURE DIAGRAM II 191 90 E 501 90-E501 EXISTING WTP ONE-LINE DIAGRAM 192 90 E 502 90-E502 FILTERS ONE-LINE DIAGRAM I 193 90 E 601 90-E601 FILTERS ONE-LINE DIAGRAM II 194 90 E 602 90-E602 CHEMICAL FEED BUILDING ONE-LINE DIAGRAM 195 90 E 701 90-E701 LIGHT FIXTURE SCHEDULE 196 90 E 702 90-E702 DUCT BANK SECTIONS I 197 90 E 703 90-E703 DUCT BANK SECTIONS II 198 10 S 1001 10-S1001 RAPID MIX / FLOCCULATION / SEDIMENTATION FOUNDATION PLAN - OVERVIEW 199 10 S 1002 10-S1002 RAPID MIX / FLOCCULATION / SEDIMENTATION WALL PLAN - OVERVIEW 200 10 S 1003 10-S1003 RAPID MIX / FLOCCULATION / SEDIMENTATION TOP OF WALL PLAN - OVERVIEW 201 10 S 1004 10-S1004 RAPID MIX / FLOCCULATION / SEDIMENTATION ENLARGED WALL PLAN 1 202 10 S 1005 10-S1005 RAPID MIX / FLOCCULATION / SEDIMENTATION ENLARGED WALL PLAN 2 203 10 S 2001 10-S2001 RAPID MIX / FLOCCULATION / SEDIMENTATION ELEVATIONS 1 204 10 S 2002 10-S2002 RAPID MIX / FLOCCULATION / SEDIMENTATION ELEVATIONS 2 205 10 S 3001 10-S3001 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 1 206 10 S 3002 10-S3002 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 2 207 10 S 3003 10-S3003 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 3 208 10 S 3004 10-S3004 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 4 209 10 S 4001 10-S4001 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 1 210 10 S 4002 10-S4002 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 2 211 10 S 4003 10-S4003 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 3 212 10 S 5001 10-S5001 RAPID MIX / FLOCCULATION / SEDIMENTATION STAIR DETAILS 1 213 10 S 5002 10-S5002 RAPID MIX / FLOCCULATION / SEDIMENTATION STAIR DETAILS 2 214 10 P 1001 10-P1001 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - OVERALL 215 10 P 1002 10-P1002 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - RAPID MIX 216 10 P 1003 10-P1003 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - FLOCCULATION BASIN 217 10 P 1004 10-P1004 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - SEDIMENTATION BASIN 218 10 P 3001 10-P3001 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 1 219 10 P 3002 10-P3002 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 2 220 10 P 3003 10-P3003 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 3 221 10 P 3004 10-P3004 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 4 222 10 P 3005 10-P3005 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 5 223 10 P 4001 10-P4001 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 1 224 10 P 4002 10-P4002 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 2 Page 4 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 58425 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 225 10 P 9001 10-P9001 RAPID MIX / FLOCCULATION / SEDIMENTATION ISOMETRIC VIEW 226 10 E 1001 10-E1001 RAPID MIX / FLOCCULATION / SEDIMENTATION ELECTRICAL POWER PLAN 1 227 10 E 1002 10-E1002 RAPID MIX / FLOCCULATION / SEDIMENTATION ELECTRICAL POWER PLAN 2 228 10 E 1003 10-E1003 RAPID MIX / FLOCCULATION / SEDIMENTATION ELECTRICAL LIGHTING PLAN 229 10 E 6001 10-E6001 RAPID MIX / FLOCCULATION/ SEDIMENTATION CONDUIT SCHEDULE 230 10 E 7001 10-E7001 RAPID MIXER VFD CONTROL SCHEMATIC 231 10 E 7002 10-E7002 FLOCCULATOR MIXER VFD CONTROL SCHEMATIC Page 5 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 59426 Project No. 22W23060 TOC - 1 Section 00 00 10 Aspen WTF Improvements Table of Contents ASPEN WTF IMPROVEMENTS PROJECT MANUAL TABLE OF CONTENTS TECHNICAL SPECIFICATIONS DIVISION 01 – GENERAL REQUIREMENTS 01 10 00 SUMMARY 01 14 00 WORK RESTRICTIONS 01 20 00 PRICE AND PAYMENT PROCEDURES 01 25 00 SUBSTITUTION PROCEDURES 01 26 00 CONTRACT MODIFICATION PROCEDURES 01 30 00 ADMINISTRATIVE REQUIREMENTS 01 32 16 CONSTRUCTION PROGRESS SCHEDULE 01 32 33 PHOTOGRAPHIC DOCUMENTATION 01 33 00 SUBMITTAL PROCEDURES 01 40 00 QUALITY REQUIREMENTS 01 45 24 SPECIAL TESTS AND INSPECTIONS 01 50 00 TEMPORARY FACILITIES AND CONTROLS 01 60 00 PRODUCT REQUIREMENTS 01 70 00 EXECUTION REQUIREMENTS 01 75 00 STARTUP TESTING AND TRAINING 01 75 00.1 SUPPLEMENT 1 – MANUFACTURERS CERTIFICATE OF PROPER INSTALLATION 01 75 00.2 SUPPLEMENT 2 – UNIT PROCESS STARTUP FORM 01 75 00.3 SUPPLEMENT 3 – FACILITY PERFORMANCE DEMONSTRATION CERT. FORM 01 77 00 CLOSEOUT PROCEDURES 01 78 36 WARRANTIES AND BONDS DIVISION 02 – EXISTING CONDITIONS 02 41 00 DEMOLITION DIVISION 03 – CONCRETE 03 01 00 MAINTENANCE OF CONCRETE 03 11 16 CONCRETE FORM LINERS 03 15 00 CONCRETE JOINTS AND ACCESSORIES 03 20 00 CONCRETE REINFORCING 03 30 00 CAST-IN-PLACE CONCRETE 03 35 00 CONCRETE FINISHING 03 39 00 CONCRETE CURING 03 60 00 GROUT 03 60 00.1 GROUT SUPPLEMENT 03 62 00 NON SHRINK GROUTING 03 63 00 CONCRETE DOWELLING-EPOXY 03 64 00 CONCRETE REPAIR CRACK INJECTION DIVISION 04 – MASONRY 04 20 00 UNIT MASONRY 04 26 13 MASONRY VENEER DIVISION 05 – METALS 05 05 19 POST-INSTALLED ANCHORS 05 05 23 WELDING 05 12 00 STRUCTURAL STEEL 05 21 00 STEEL JOIST FRAMING 05 31 00 STEEL DECK 05 50 00 METAL FABRICATIONS 05 52 13 PIPE AND TUBE RAILINGS Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 60427 Project No. 22W23060 TOC - 2 Section 00 00 10 Aspen WTF Improvements Table of Contents 05 53 00 METAL GRATINGS AND PLANK DIVISION 06 – WOOD AND PLASTICS 06 10 00 ROUGH CARPENTRY DIVISION 07 – THERMAL AND MOISTURE PROTECTION 07 13 26 SELF-ADHERING SHEET WATERPROOFING 07 21 00 BUILDING INSULATION 07 21 29 CLOSED-CELL SPRAY POLYURETHANE FOAM INSULATION 07 27 26 FLUID-APPLIED MEMBRANE AIR BARRIERS 07 41 13 METAL ROOF AND WALL PANELS 07 62 00 SHEET METAL FLASHING AND TRIM 07 84 00 FIRESTOPPING 07 92 00 JOINT SEALANTS DIVISION 08 – OPENINGS 08 11 13 STEEL DOORS & FRAMES 08 16 13 FRP DOORS AND FRAMES 08 31 00 ALUMINUM HATCHES 08 33 23 OVERHEAD COILING DOORS 08 62 00 UNIT SKYLIGHTS 08 71 00 DOOR HARDWARE 08 80 00 GLAZING 08 90 00 LOUVERS AND VENTS DIVISION 10 – SPECIALTIES 10 14 00 SIGNAGE 10 44 16 FIRE EXTINGUISHERS DIVISION 22 – PLUMBING 22 05 00 PLUMBING GENERAL 22 05 23 GENERAL-DUTY VALVES FOR PLUMBING PIPING 22 05 29 PROCESS SUPPORTS AND ANCHORS 22 05 53 MECHANICAL IDENTIFICATION 22 11 16 PLUMBING PIPING 22 13 16 SANITARY WASTE & VENT PIPING DIVISION 23 – HVAC 23 05 02 BASIC MECH MATERIALS & METHODS 23 05 29 HANGERS & SUPPORTS FOR MECHANICAL PIPING & EQUIPMENT 23 05 53 IDENTIFICATION FOR HVAC PIPING & EQUIPMENT 23 05 96 TESTING, ADJUSTING & BALANCING 23 07 00 DUCTWRAP INSULATION 23 09 00 INSTRUMENTATION & CONTROL FOR HVAC 23 31 13 METAL DUCTS 23 33 00 AIR DUCT ACCESSORIES 23 34 23 FANS 23 73 13 SELF CONTAINED AIR CONDITIONERS 23 83 01 HEATING UNITS DIVISION 26 – ELECTRICAL 26 05 00 COMMON WORK RESULTS FOR ELECTRICAL 26 05 19 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS & CABLES 26 05 26 GROUNDING & BONDING FOR ELECTRICAL SYSTEMS 26 05 29 HANGERS & SUPPORTS FOR ELECTRICAL SYSTEMS 26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 61428 Project No. 22W23060 TOC - 3 Section 00 00 10 Aspen WTF Improvements Table of Contents 26 05 43 UNDERGROUND DUCTS & BOXES FOR ELECTRICAL SYSTEMS 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 26 05 73 POWER SYSTEM STUDIES 26 05 93 ELECTRIC MOTORS 26 22 00 LOW VOLTAGE TRANSFORMERS 26 24 13 SWITCHBOARDS 26 24 16 PANELBOARDS 26 27 26 WIRING DEVICES 26 28 13 FUSES 26 28 16.16 ENCLOSED SWITCHES 26 29 23 VARIABLE FREQUENCY MOTOR CONTROLLERS 26 36 23 AUTOMATIC TRANSFER SWITCHES 26 41 13 LIGHTNING PROTECTION FOR STRUCTURES 26 43 13 SURGE PROTECTIVE DEVICES 26 51 00 INTERIOR LIGHTING 26 56 00 EXTERIOR LIGHTING DIVISION 31 – EARTHWORK 31 05 19.13 GEOTEXTILE FILTER FABRIC 31 11 00 SITE PREPARATION 31 22 13 SUBGRADE PREPARATION 31 22 19 GRADING 31 23 16 EXCAVATION 31 23 16.13 TRENCHING FOR SITE UTILITIES 31 23 16.20 ROCK EXCAVATION 31 23 19 DEWATERING 31 23 23.13 FILL AND BACKFILL 31 23 23.16 TRENCH BACKFILL 31 37 00 RIP RAP 31 50 00 EXCAVATION SUPPORT SYSTEMS DIVISION 32 – EXTERIOR IMPROVEMENTS 32 11 00 BASE COURSE 32 31 13 CHAIN LINK FENCE & GATES 32 31 13.53 POWER GATE OPERATORS 32 32 23.16 MANUFACTURED MODULAR WALLS 32 92 19 SEEDING, FERTILIZING & MULCHING DIVISION 33 – UTILITIES 33 13 00 DISINFECTION OF WATER SYSTEMS 33 40 00 STORM DRAINAGE PIPING DIVISION 40 – PROCESS INTERCONNECTIONS 40 05 00 PIPING SYSTEMS TESTING 40 05 06 PROCESS PIPING SPECIALTIES 40 05 07 HANGERS AND SUPPORTS FOR PROCESS PIPING 40 05 51 COMMON REQUIREMENTS FOR PROCESS VALVES 40 05 53 IDENTIFICATION FOR PROCESS PIPING 40 05 57 ACTUATORS FOR PROCESS VALVES AND GATES 40 05 59 SLIDE GATES 40 05 61 GATE VALVES 40 05 64 BUTTERFLY VALVES 40 05 65.23 CHECK VALVES 40 05 67 SPECIALIZED PRESSURE AND FLOW-CONTROL VALVES 40 05 78 AIR RELEASE VALVES 40 23 39 PROCESS PIPING GENERAL Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 62429 Project No. 22W23060 TOC - 4 Section 00 00 10 Aspen WTF Improvements Table of Contents 40 23 39.1 PROCESS PIPING SCHEDULE DATA SHEETS: 40 23 39.13 CM LINED DIP AND FITTINGS 40 23 39.16 WELDED STEEL PIPE AND FITTINGS 40 23 39.36 SS PIPE AND FITTINGS 40 23 39.43 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS 40 23 39.46 CHLORINATED POLYVINYL (CPVC) PIPE AND FITTINGS 40 23 39.56 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS 40 41 13 HEAT TRACING 40 42 00 PROCESS MECHANICAL INSULATION 40 42 13.16 POLYETHYLENE ENCASEMENT FOR DUCTILE IRON PIPE 40 61 13 PROCESS CONTROL SYSTEM GENERAL PROVISIONS 40 61 96 PROCESS CONTROL DESCRIPTIONS GENERAL 40 61 96.15 PROCESS CONTROL DESCRIPTIONS – FILTERS 40 61 96.16 PROCESS CONTROL DESCRIPTIONS – CHEMICAL FEED 40 61 96.17 PROCESS CONTROL DESCRIPTIONS – TBD 40 63 43 PROGRAMMABLE LOGIC CONTROLLERS 40 66 13 NETWORKING EQUIPMENT 40 67 23 CONTROL PANELS 40 68 63 PLC AND HMI PROGRAMMING 40 70 00 INSTRUMENTATION FOR PROCESS SYSTEMS 40 71 13 MAGNETIC FLOW METERS 40 72 23 RADAR LEVEL METERS 40 72 43 PRESSURE AND DIFFERENTIAL PRESSURE TYPE LEVEL METERS 40 72 76 LEVEL SWITCHES 40 73 26 DIFFERENTIAL AND GAUGE PRESSURE TRANSMITTERS 40 73 36 PRESSURE AND DIFFERENTIAL PRESSURE SWITCHES 40 75 05 WATER QUALITY MONITORING PANELS 40 75 13 pH – ORP ANALYZERS 40 75 53 TURBIDITY ANALYZERS DIVISION 43 – PROCESS GAS & LIQUID HANDLING, PURIFICATION & STORAGE EQUIPMENT 43 42 56.23 VERTICAL TURBINE PUMPS DATA SHEET: 43 42 56.23.1 VERTICAL TURBINE PUMPS DIVISION 46 – WATER AND WASTEWATER EQUIPMENT 46 44 20 CHEMICAL FEED SYSTEM 46 44 20.1 DS – SODIUM HYPOCHLORITE METERING PUMPS 1 AND 2 46 44 20.2 DS – HYDROFLUORISILICIC ACID METERING PUMPS 1 AND 2 46 61 13 FILTER MEDIA 46 61 16 FILTER TROUGHS 46 61 19 FILTER STEEL UNDERDRAINS Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 63430 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Basic Services Section 1. TASK 1.1 - CMAR BID/SOLICITATION Contractor outreach/coordination 16 $3,520 Develop CMAR RFP + revisions 4 16 8 4 4 4 4 16 $13,064 Interviews 8 $1,760 Contract negotiations 8 8 4 $5,708 Subtotal - TASK 1.1 - CMAR BID/SOLICITATION 12 48 12 0 0 0 0 4 0 0 0 0 0 4 4 4 16 $24,052 2. TASK 1.2 - CMAR COORDINATION DURING DESIGN CMAR on-boarding and site walk 12 8 16 $10,972 Final GMP review workshop 12 8 16 8 8 4 $15,304 CMAR construction contract negotiations assistance 16 24 8 4 $14,244 Subtotal - TASK 1.2 - CMAR COORDINATION DURING DESIGN 40 40 40 8 0 0 0 8 0 0 0 0 0 0 8 0 0 $40,520 3. TASK 1.3 – INDEPENDENT COST ESTIMATING Garver 30% OPCC 8 4 4 8 16 4 4 $8,740 Garver 60% OPCC 8 4 4 8 12 4 4 $8,176 Garver 90% OPCC 8 4 4 8 12 4 4 $8,176 Review CMAR GMP Estimate 30% 8 4 4 4 16 4 4 $8,116 Review CMAR GMP Estimate 60% 8 4 4 4 12 4 4 $7,552 Review CMAR GMP Final 8 4 4 4 16 4 4 $8,116 Subtotal - TASK 1.3 – INDEPENDENT COST ESTIMATING 0 48 24 0 24 0 36 84 24 24 0 0 0 0 0 0 0 $48,876 4. TASK 2.1 – PRELIMINARY DESIGN FACILITY MODEL AND DRAWINGS 01 - GENERAL SHEETS $0 Civil 4 4 $1,076 Architectural 4 $564 Structural 2 4 $1,004 Process 4 $564 Mechanical 4 4 $1,076 Electrical 2 4 $1,004 BIM 34 $3,502 05 - SITE CIVIL $0 Civil 40 160 160 $59,200 Architectural $0 Structural $0 Process 12 40 $9,588 Electrical 60 $8,760 BIM 38 $4,712 08 - PROCESS INSTRUMENTATION AND CONTROLS DIAGRAMS $0 Process 12 48 48 $18,204 Mechanical 12 $1,872 Electrical 12 48 48 $16,032 BIM 12 $1,236 10 - PRETREATMENT BASINS $0 Civil 8 20 $5,552 Architectural 8 20 $5,552 Structural 20 $2,820 Process 20 60 80 $27,220 Electrical 20 40 40 $16,820 BIM 40 40 40 $15,120 11 - COAGULANT STORAGE AND FEED $0 Civil 8 20 $5,552 Architectural 8 20 $5,552 Structural 20 $2,820 Process 20 60 60 $24,400 Mechanical 10 20 $4,700 Electrical 20 40 40 $16,820 BIM 40 40 40 $15,120 15 - WEST FILTERS $0 Architectural 4 10 $2,776 Structural 12 $1,692 Process 12 30 69 $18,357 Mechanical 10 20 $4,700 Electrical 10 20 20 $8,410 BIM 24 46 46 $14,066 25 - EAST FILTERS $0 Architectural 4 10 $2,776 Structural 12 $1,692 Process 12 30 69 $18,357 Mechanical 10 20 $4,700 Electrical 10 20 20 $8,410 BIM 24 46 46 $14,066 Fayetteville WDCRegional Team Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 64407 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Fayetteville WDCRegional Team 40 - CHEMICAL STORAGE AND FEED 20 20 $5,740 Civil 8 20 $5,552 Architectural 8 20 $5,552 Structural 20 $2,820 Process 20 60 120 $32,860 Mechanical 20 40 $9,400 Electrical 20 40 40 $16,820 BIM 40 80 80 $24,200 70 - SLUDGE LAGOON REHAB $0 Civil 20 20 $5,740 Structural 10 20 $5,020 Process 12 20 40 $12,708 Electrical 12 20 20 $7,612 BIM 10 30 30 $8,320 75 - MISCELLENOUS BUILDING REPAIRS $0 Civil $0 Architectural $0 Structural $0 Mechanical $0 Electrical $0 BIM $0 80 - SCADA UPGRADES $0 Electrical 60 80 $22,120 BIM 10 20 $3,300 90 - SITE ELECTRICAL $0 Civil 10 $1,460 Electrical 10 40 40 $14,150 BIM 10 10 $2,270 Specification TOC 2 4 8 20 8 $6,400 Long Lead Item List 2 4 4 10 10 $5,576 Risk Register 4 4 4 8 8 8 8 $8,904 Quality Control Review 30 30 30 20 $31,680 Subtotal - TASK 2.1 – PRELIMINARY DESIGN FACILITY MODEL AND DRAWINGS 36 40 206 102 62 70 358 1260 220 598 8 178 340 366 20 0 0 $614,648 5. TASK 2.2 – PRELIMINARY DESIGN WORKSHOP Workshop 8 8 16 16 32 16 $30,776 Subtotal - TASK 2.2 – PRELIMINARY DESIGN WORKSHOP 8 8 16 16 0 0 0 32 0 16 0 0 0 0 0 0 0 $30,776 6. TASK 2.3 – GEOTECHNICAL EVALUATIONS Geotech Coordination 8 4 4 $3,204 Subtotal - TASK 2.3 – GEOTECHNICAL EVALUATIONS 0 8 0 0 4 0 0 4 0 0 0 0 0 0 0 0 0 $3,204 7. TASK 3.1 - FINAL DESIGN DRAWINGS AND SPECIFICATIONS 01 - GENERAL SHEETS $0 Civil 8 8 $2,152 Architectural 8 $1,128 Structural 4 8 $2,008 Process 8 $1,128 Mechanical 8 8 $2,152 Electrical 4 8 $2,008 BIM 68 $7,004 05 - SITE CIVIL $0 Civil 80 320 320 $118,400 Architectural $0 Structural $0 Process 24 80 $19,176 Electrical 120 $17,520 BIM 76 $9,424 08 - PROCESS INSTRUMENTATION AND CONTROLS DIAGRAMS $0 Process 24 96 96 $36,408 Mechanical 24 $3,744 Electrical 24 96 96 $32,064 BIM 24 $2,472 15 - WEST FILTERS $0 Architectural 8 20 $5,552 Structural 24 $3,384 Process 24 60 138 $36,714 Mechanical 20 40 $9,400 Electrical 20 40 40 $16,820 BIM 48 92 92 $28,132 25 - EAST FILTERS $0 Architectural 8 20 $5,552 Structural 24 $3,384 Process 24 60 138 $36,714 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 65408 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Fayetteville WDCRegional Team Mechanical 20 40 $9,400 Electrical 20 40 40 $16,820 BIM 48 92 92 $28,132 40 - CHEMICAL STORAGE AND FEED 40 40 $11,480 Civil 16 40 $11,104 Architectural 16 40 $11,104 Structural 40 $5,640 Process 40 120 240 $65,720 Mechanical 40 80 $18,800 Electrical 40 80 80 $33,640 BIM 80 160 160 $48,400 75 - MISCELLANEOUS BUILDING REPAIRS $0 Civil $0 Architectural $0 Structural $0 Mechanical $0 Electrical $0 BIM $0 80 - SCADA UPGRADES $0 Electrical 120 160 $44,240 BIM 20 40 $6,600 90 - SITE ELECTRICAL $0 Civil 20 $2,920 Electrical 20 80 80 $28,300 BIM 20 20 $4,540 Specifications 16 20 20 20 40 60 20 20 40 $42,984 60% Deliverable $2,500 90% Deliverable $2,500 100% Deliverable $2,500 Quality Control Review 48 60 60 40 $59,412 Subtotal - TASK 3.1 - FINAL DESIGN DRAWINGS AND SPECIFICATIONS 48 60 260 120 108 124 400 1744 440 816 16 176 480 536 40 0 0 $859,176 8. TASK 3.2 - CONSTRUCTION SEQUENCING REVIEW AND PLAN Construction Sequence Review and Planning 8 8 8 8 16 16 12 12 $17,152 Subtotal - TASK 3.2 - CONSTRUCTION SEQUENCING REVIEW AND PLAN 8 8 8 8 0 0 16 16 0 12 0 0 12 0 0 0 0 $17,152 9. TASK 3.3 – FINAL DESIGN WORKSHOPS 60% Workshop 8 8 16 16 32 16 $30,776 90% Workshop 8 8 16 16 32 16 $30,776 Subtotal - TASK 3.3 – FINAL DESIGN WORKSHOPS 16 16 32 32 0 0 0 64 0 32 0 0 0 0 0 0 0 $61,552 10. TASK 4.1 - BIDDING SUPPORT Contractor Questions 4 60 20 20 10 40 40 20 $43,436 Addenda 20 10 20 40 20 20 $20,990 Pre-bid meeting 8 $2,010 Site tour with bidders 4 $1,130 Bid opening 4 $880 Recommendation of award 4 8 $3,076 Conformed documents 8 10 20 40 $11,650 Subtotal - TASK 4.1 - BIDDING SUPPORT 8 112 40 20 10 0 60 80 0 20 0 0 40 60 0 0 0 $83,172 11. TASK 5.1 - PROJECT MANAGEMENT Weekly internal design coordination meetings 52 26 26 26 26 26 52 26 26 26 $58,630 Biweekly meetings with City of Aspen 26 104 52 4 4 4 4 26 $55,532 WDC coordination 312 $73,640 Invoicing 24 48 $18,456 Subtotal - TASK 5.1 - PROJECT MANAGEMENT 50 516 78 30 30 30 30 78 0 26 0 0 26 26 0 0 0 $206,258 12. TASK 5.2 – CDPHE PERMITTING Develop remaining materials for CDPHE submittal/final BDR 120 16 4 8 16 8 $37,060 Compiling/formatting final BDR 40 4 8 16 $12,644 BDR Revisions from City 16 4 2 8 16 8 $9,698 Subtotal - TASK 5.2 – CDPHE PERMITTING 0 176 20 10 0 0 16 40 0 0 0 0 0 32 0 0 0 $59,402 13. TASK 5.3 – CITY PERMITTING SUPPORT DURING FINAL DESIGN Assisting City staff with submittals 40 16 $14,064 City Council presentations 40 16 $14,064 Subtotal - TASK 5.3 – CITY PERMITTING SUPPORT DURING FINAL DESIGN 0 80 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $28,128 Subtotal - Basic Services Section 226 1160 768 346 238 224 916 3414 684 1544 24 354 898 1024 72 4 16 $2,076,916 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 66409 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Fayetteville WDCRegional Team Additional Services Section 1. TASK 7.1 – DETAILED DESIGN AND PREPARE CONSTRUCTION PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS 70 - SLUDGE LAGOON REHAB $0 Civil 40 40 $11,480 Structural 20 40 $10,040 Process 24 40 80 $25,416 Electrical 24 40 40 $15,224 BIM 20 60 60 $16,640 10 - PRETREATMENT BASINS $0 Civil 24 60 $16,656 Architectural 24 60 $16,656 Structural 60 $8,460 Process 60 180 240 $81,660 Electrical 60 120 120 $50,460 BIM 120 120 120 $45,360 11 - COAGULANT STORAGE AND FEED $0 Civil 24 60 $16,656 Architectural 24 60 $16,656 Structural 60 $8,460 Process 60 180 180 $73,200 Mechanical 30 60 $14,100 Electrical 60 120 120 $50,460 BIM 120 120 120 $45,360 Specifications 8 8 8 8 10 20 8 8 16 $16,220 60% Deliverable $2,500 90% Deliverable $2,500 100% Deliverable $2,500 PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS 0 0 248 128 28 38 434 1060 0 568 0 260 308 316 0 0 0 $546,664 2. TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES Develop Additional Construction Packages 20 20 20 40 40 80 80 $45,420 Subtotal - TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES 0 20 20 0 20 0 40 40 0 0 0 0 80 80 0 0 0 $45,420 Subtotal - Additional Services Section 0 20 268 128 48 38 474 1100 0 568 0 260 388 396 0 0 0 $592,084 Project Totals (hours)226 1,180 1,036 474 286 262 1,390 4,514 684 2,112 24 614 1,286 1,420 72 4 16 $2,669,000 Project Totals (Cost) $74,354 $259,600 $340,844 $126,558 $62,920 $49,256 $216,840 $636,474 $119,016 $308,352 $3,072 $92,714 $159,464 $146,260 $19,224 $592 $2,960 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 67410 Rates Rates Engineers / Architects Resource Specialists E-1 141.00$ RS-1 113.00$ E-2 156.00$ RS-2 148.00$ E-3 188.00$ RS-3 210.00$ E-4 220.00$ RS-4 290.00$ E-5 267.00$ RS-5 362.00$ E-6 329.00$ RS-6 444.00$ E-7 456.00$ RS-7 497.00$ Planners Environmental Specialists P-1 170.00$ ES-1 113.00$ P-2 212.00$ ES-2 142.00$ P-3 264.00$ ES-3 182.00$ P-4 295.00$ ES-4 214.00$ P-5 333.00$ ES-5 268.00$ ES-6 344.00$ Designers ES-7 430.00$ D-1 128.00$ ES-8 486.00$ D-2 146.00$ D-3 174.00$ Project Controls D-4 209.00$ PC-1 115.00$ PC-2 152.00$ Technicians PC-3 193.00$ T-1 103.00$ PC-4 248.00$ T-2 124.00$ PC-5 303.00$ T-3 151.00$ PC-6 390.00$ T-4 195.00$ PC-7 491.00$ Surveyors Administration / Management S-1 63.00$ AM-1 81.00$ S-2 84.00$ AM-2 104.00$ S-3 112.00$ AM-3 145.00$ S-4 160.00$ AM-4 185.00$ S-5 202.00$ AM-5 226.00$ S-6 236.00$ AM-6 294.00$ 2-Man Crew (Survey) 243.00$ AM-7 346.00$ 3-Man Crew (Survey) 305.00$ M-1 551.00$ 2-Man Crew (GPS Survey) 265.00$ 3-Man Crew (GPS Survey) 327.00$ Construction Observation C-1 121.00$ C-2 152.00$ C-3 185.00$ C-4 239.00$ C-5 280.00$ Agreement for Professional Services 2022-265 Design Of Water Treatment Facility Improvements Garver Project No. 22W23060 Garver Hourly Rate Schedule: July 2024 - December 2025 Classification Classification Exhibit B City of Aspen 2022-265 Design of Water Treatment Facility Improvements Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 68406 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Jen Phelan, Development Manager THROUGH: Rob Schober, Capital Asset Director MEMO DATE: July 31, 2024 MEETING DATE: August 13, 2024 RE: Resolution No. 093 (Series of 2024), Armory Hall programming direction related to ACRA _____________________________________________________________________ REQUEST OF COUNCIL: Staff is requesting confirmation of direction provided regarding a visitor center, to be located in Armory Hall, at the July 23rd City Council meeting. SUMMARY AND BACKGROUND: Since Council began to focus on redevelopment of Armory Hall in 2022, it has passed a number of resolutions (Exhibits B and C), providing direction on the public engagement process, guiding principles to frame the project process, and ranking of prioritized programming. During a discussion initiated by the city manager on the 23rd, City Council talked about their current positions on including a visitor center as part of the programming of Armory Hall once it is remodeled. Although the location and form of a visitor center was not discussed in detail, all Council members appeared to support a visitor center on-site. An exact size was not determined, as Council members felt that additional information is needed. However, Council did determine that the size should not exceed 1,000 square feet. Figure 1: Courtesy of Aspen Historical Society 69 DISCUSSION: To memorialize the latest direction provided by Council, staff is providing a resolution that identifies the high-level direction provided at their regular meeting. With Council confirmation, this resolution will be used to continue advancement of the remodel and reuse project. Included in the resolution are the following directives that will be used to guide the remodel and reuse plan: 1. A visitor center will be located on the Armory Hall site. 2. The visitor center will be no greater than 1,000 square feet. FINANCIAL IMPACTS: Depending on the final form of a visitor center at the Armory Hall site, there may or may not be additional financial impacts to the project. RECOMMENDATIONS: Staff requests confirmation of the direction provided in the resolution. CITY MANAGER COMMENTS:____________________________________________ ______________________________________________________________________ ______________________________________________________________________ ATTACHMENTS: Exhibit A: Draft Resolution No. 93 (Series of 2024) Exhibit B: Adopted Resolution No. 22 (Series of 2022) Exhibit C: Adopted Resolution No.180 (Series of 2023) 70 Resolution 093-2024 Armory Hall Remodel and Reuse project, ACRA directive Page 1 of 1 RESOLUTION NO. 093 SERIES OF 2024 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DIRECTING THE CITY MANAGER REGARDING THE LOCATION OF A VISITOR CENTER AND ITS MAXIMUM SIZE, ASSOCIATED WITH THE REMODEL AND REUSE PLAN FOR ARMORY HALL (130 S. GALENA STREET) WHEREAS,the city is planning for the future remodel and reuse of the former city hall (AKA Armory Hall) building; and, WHEREAS,city staff seeks direction on the what uses should be programmed into the project; and, WHEREAS,City Council further discussed a visitor center at their regular meeting on July 23, 2024, indicating that a visitor center should be located on the Armory Hall site and that it should not exceed 1,000 sq. ft. in size; and, WHEREAS,this Resolution confirms direction provided to the City Manager for advancing the remodel and reuse plans for the Armory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Confirmation of Requested Council Direction: The remodel shall include: 1. A visitor center will be located on the Armory Hall site. 2. The visitor center will be no greater than 1,000 square feet. INTRODUCED READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of August 2024. ______________________________________ Torre, Mayor ATTEST:APPROVED AS TO FORM: _______________________________________________ Nicole Henning,City Clerk James R True, City Attorney 71 RESOLUTION NO. 023 SERIES OF 2022 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DIRECTING THE CITY MANAGER REGARDING THE STRATEGIES ASSOCIATED WITH THE REMODEL AND REUSE PLAN FOR THE ARMORY(130 S. GALENA ST.), OLD POWER HOUSE (490 N. MILL ST.),AND THE MAIN STREET CABIN 630 W. MAIN ST.) WHEREAS, the former city hall (AKA the Armory) is newly vacant due to the construction of a new city hall, the Old Power House (OPH) currently accommodates the Capital Asset department and Aspen Chamber Resort Association (ACRA), and the Main Street cabin houses the Special Events and Transportation departments; and, WHEREAS,the city is considering options for the future remodel and reuse of all three buildings; and, WHEREAS, City Council reviewed the conceptual programming of the OPH and Armory in work session on August 2, 2021, indicating that city staff offices should be removed from the Armory and Main Street cabin,the offices concentrated in the OPH, and that the Main Street cabin should be a residential use to support city operations; and, WHEREAS, a remodel and reuse plan for the Armory and the OPH was presented by city staff to the City Council at a work session on February 7,2022,that outlined suggested initial programming for each building and a public engagement process and timeline to gather community feedback; and, WHEREAS,city staff seeks direction on the strategies and principles to be used guide the remodel and reuse process for the Armory; and, WHEREAS, this Resolution confirms direction provided to the City Manager for advancing the remodel and reuse plans for the Armory, OPH,and Main Street cabin. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Confirmation of Requested Council Direction: The initial strategies to advance the remodel and reuse plan are: 1. City staff will progress the remodel and reuse plan anticipating that the OPH will house city departments and the Main Street cabin will become city-employee housing. 2. City staff will evaluate how the OPH may support outdoor programming of lawn space adjacent to the Roaring Fork River and contain historic interpretation elements. Resolution 023-2022 City Buildings Reuse Plan Policy Resolution Page 1 of 2 72 3. City staff will progress the remodel and reuse plan for the Armory anticipating that the Armory will house as much community use as possible and include the Sister Cities Community Meeting Room,the primary ACRA visitor center,and primary ACRA office space. 4. Staff will conduct an efficient public engagement process as identified in the Council work session of February 7, 2022, with the anticipated completion being at the end of April 2022,to identify the potential community uses for the Armory. 5. The following guiding principles will frame the outreach,community discussion,and the staff recommendations to City Council: A. The remodel will respect the historic context and contribute to Aspen's small- town character. B. The building remodel will incorporate sustainable systems showing a commitment to the environment. C. The Armory should be able to be used by a diverse range of people. D. The uses within the Armory should provide meaningful and affordable participation in programs and offerings. E. The operational structure of the Armory should limit the public financial burden of operating and maintaining the building. F. The programming of the Armory should contribute to a lively and diverse downtown. G. The programming of the Armory should focus on unmet needs within the community. These principles will be used as a basis for the research, community engagement, and work product by city staff. FINALLY,adopted this 22nd day of February 2022. Torre, Mayor ATTEST: APPROVED AS TO FORM: lak&J"—q 7,-a- Nicole Henning, City erk es R True,City Attorney Resolution 023-2022 City Buildings Reuse Plan Policy Resolution Page 2 of 2 73 RESOLUTION NO. 180 SERIES OF 2023 A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DIRECTING THE CITY MANAGER REGARDING THE EXTENT OF THE BUILDING REMODEL AND PRIORITIZED PROGRAMMING ASSOCIATED WITH THE REMODEL AND REUSE PLAN FOR THE ARMORY (130 S. GALENA ST.) WHEREAS, the city is planning for the future remodel and reuse of the former city hall (AKA the Armory) building, and, WHEREAS, city staff seeks direction on the extent of remodel of the building as well as what uses should be programmed into the Armory; and, WHEREAS, City Council reviewed and prioritized the extent of remodel and conceptual programming of the Armory in work session on November 13, 2023, indicating the ranking of certain uses previously identified through discussion and public engagement to guide future program development of the finite space contained within the Armory, and, WHEREAS, this Resolution confirms direction provided to the City Manager for advancing the remodel and reuse plans for the Armory. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Confirmation of Requested Council Direction: The extent of the building remodel and prioritized programming within it directing advancement of the remodel and reuse plan are: 1. The present second story should be removed, bringing the building back to its original two stories above grade. 2. The basis of design should proceed with the existing footprint with no alley addition; however, an addition may be reconsidered in the future as programmatic needs are further developed. 3. The prioritized programming, in order, includes Food/ food hall, followed by community lounge, with support for affordable retail, flex space, and a visitor center. Office space is not prioritized. 4. Council directs staff to conduct an RFQ process to attempt to identify an operating partner. Resolution 180-2023 Armory Prioritized Programming Policy Resolution Page 1 of 2 74 FINALLY, adopted this 28th day of November 2023. Torre, Mayor ATTEST: Nicole Henning, City ames R True, City Attorney Resolution 180-2023 Armory Prioritized Programming Policy Resolution Page 2 of 2 75 MEMORANDUM TO:Mayor and City Council FROM:Nicole Henning, City Clerk THROUGH:Alissa Farrell, Administrative Services Director MEMO DATE:August 6, 2024 MEETING DATE:August 13, 2024 RE:Resolution #097, Series of 2024 – Calling for and establishing the date for the Coordinated Election and authorizing the City Clerk to execute the IGA with Pitkin County. REQUEST OF COUNCIL:Staff is recommending Council establish participation in the Coordinated November Election and authorize the City Clerk to execute the IGA. SUMMARY AND BACKGROUND: The attached resolution calls for and sets the date for the Coordinated General Election for November 5, 2024, and authorizes the City Clerk to execute the Intergovernmental Agreement with the Pitkin County Clerk and Recorder concerning that election. Staff will be recommending to Council a ballot question regarding HRETT Sales Tax Sunset, an Automotive Vehicle Use Tax, as well as other matters for the November 5, 2024, coordinated election. DISCUSSION: To coordinate with the County for the November election there are several time deadlines that must be met. The first is calling for the election by resolution and execution of the IGA prior to August 27, 2024. The second deadline to consider is that all ballot content must be delivered to the County by September 6, 2024. At the Council meeting on August 13th, Staff will recommend ballot language for the questions noted above. Council can still add ballot questions or issues, if needed, by holding a special meeting. FINANCIAL IMPACTS: Political Subdivision (City of Aspen) shall pay to the County Clerk its pro rata share of the direct costs and expenses actually incurred and paid by the County Clerk in order to prepare for and conduct the election, including without limitation post-election activities such as the post-election audit, canvass and certification of official results. Political Subdivision’s prorated share of such costs and expenses shall be based on a) the total number of registered electors residing within the columnar length in inches, of ballot content certified to the County Clerk by the Political Subdivision. The minimum charge for participation in the election is $1,000. ENVIRONMENTAL IMPACTS: None. 76 ALTERNATIVES: If Council chooses not to place the question on the ballot in November, the next opportunity would be March of 2025. RECOMMENDATIONS: Staff is recommending Council adopt Resolution #097, Series of 2024 to set the election date for the coordinated general election and authorize the City Clerk to sign the IGA. 77 RESOLUTION #097 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CALLING FOR AND ESTABLISHING A DATE FOR THE CITY OF ASPEN TO COORDINATE WITH PITKIN COUNTY FOR THE 2024 COORDINATED ELECTION TO BE CONDUCTED ON NOVEMBER 5, 2024, AND AUTHORIZING THE CITY CLERK TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CONCERNING THE 2024 COORDINATED ELECTION. WHEREAS, there has been submitted to the City Council an intergovernmental agreement for the 2024 Coordinated Election, between the City of Aspen “Political Subdivision” and Pitkin County Clerk and Recorder, a draft copy of which is attached hereto as Exhibit “A”; and WHEREAS, the City Council desires to place before the Aspen electorate certain ballot questions; and WHEREAS, the City Council may add such additional questions to the ballot as it may hereafter deem appropriate, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1: The City of Aspen shall hold and hereby calls an election to be coordinated with the Pitkin County General Election established for Tuesday, November 5, 2024, for the purposes of submitting ballot questions regarding amending code provisions and extending an Affordable Housing Real Estate Transfer Tax, extending a sales tax, and authorizing the application of a use tax on automotive vehicles sales and use, and submitting any other questions to be determined by the City Council at a future date. Section 2: Pursuant to Ordinance No. 31, Series of 1996, the coordinated election shall be conducted in accordance with the Uniform Election Code of 1992, as amended. The City Clerk shall take all steps necessary to negotiate with the Pitkin Clerk and Recorder for the preparation of an intergovernmental agreement in accordance with Section 1-7-116, C.R.S., concerning the conduct of the November 5, 2024, Coordinated General Election according to law, substantially in the form of the draft attached hereto. The City Clerk shall be authorized to execute the intergovernmental agreement concerning the 2024 Coordinated General Election, subject to final approval of the City Attorney. Section 3: 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. 78 INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of August 2024. Torre, Mayor I, Nicole Henning, 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 13, 2024. Nicole Henning, City Clerk 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 1 REGULAR MEETING ASPEN CITY COUNCIL JULY 23, 2024 Mayor Torre called the meeting to order at 5:00 p.m. with Councilors Doyle, Hauenstein and Rose present. Councilor Guth was present via Zoom. PUBLIC COMMENTS: Bart Johnson – Mr. Johnson said he is here speaking about Park Avenue construction project. He sent them a letter and said he’s a local land use attorney. He has questions about how this project is going to happen. There is a lot of conversation about restoring the garden. Regarding construction management, he’s hoping for continued engagement with staff. Neil Seigel – Mr. Seigel said at the August 5 th work session, staff will report on the Castle Creek bridge project. the last two items of discussion are the most important. Despite a fair amount of confusion due to incomplete reporting in the local paper, he is hoping that staff will provide clarity and a path forward. Experts and CDOT agree that the existing bridge can be replaced without touching the record of decision. That approach is fully consistent with federal law. CDOT is looking for direction from the city and from council. John Prunskis – Mr. Prunskis said he is speaking about paving a driveway and the Park Avenue project. He requested a stop sign at Park and Midland. The issue of gardens was articulated by Mr. Johnson. We support better drainage and sewers. Rachel Richards – Ms. Richards noted that the smoke today is from Canada. She wants to remind Aspen residents that we live in fire country. She is here talking about wasted time trying to find other solutions to the bridge issue. She looks forward to outreach and hearing how people feel. Our streets are overwhelmed and not dealing with enforcing the HOV lane is something the council could do. You need to start moving and thinking about fire safety. She does believe the Marolt supporters are great people. Francis Stuckins – Mr. Stuckins said he thinks a good idea is a train along the Rio Grande like in the old days. He said he is here to speak about the bag thing. He’s asking for an exemption for packs of bags that are compostable or recyclable. They are asking people at Carl’s to purchase a $3.00 bag. Green Cuisine Aspen is in good standing with the state, so he is thinking of contacting Lauren Maytin on tax revenue to pay for a train. He invited Mayor Torre and Councilor Doyle to KDNKto speak about any issues. COUNCIL COMMENTS: Councilor Hauensteinsaid we all must aspire to embrace all matters of opinion without judgement. His challenge is to ensure economic stability. We have a responsibility to listen to each other respectfully without retribution and move forward in a community spirit. Councilor Doyle said the world’s hottest day was recorded. This has been the hottest 13 months on the planet. Denver had the worst air quality recently due to forest fires. In good news, US solar and power generation has topped nuclear power generation for the first time. Mayor Torre mentioned the Armory open house where they will gather input from the public on Wednesday July 31 st. They have come across some challenges and are at a fork in the road. You can also go to aspencommunityvoice.com. They will also be taking public input on the nondiscrimination ordinance. The police will be hosting their annual ice cream social on August 14th from 11-1. The Aspen community survey is still open on Aspen.gov. We’ve gotten a great response but are looking for more. 96 2 REGULAR MEETING ASPEN CITY COUNCIL JULY 23, 2024 It’s very helpful for what we do up here. The community picnic will be in Wagner Park this year with a talent show. Go to Aspen special events to sign up and learn more. It will be on a Sunday August 18 th. They are planning on free food and drinks for the first 700 people. He spoke about the Raizado Festival which Council sponsored free bus rides for and he would like to do this again this year. Last year they had 58 people take advantage of the rides. His request is for a place holder of $600 and the location will be at the Meadows. All of Council were supportive. He said he has another request from the Motherlode volleyball tournament. They are focusing on event permitting fees. This year, the fees will be $3700. They are asking to offset the difference of $1200. These funds would come from contingency funds. All of Council were supportive. Regarding the bag issue at Carl’s, Mayor Torre said he sympathizes and would love more information from environmental health. Lastly, he addressed Rachel Richard’s comments and said they are going back to Jacobs for more information. His idea with that was to understand more of what the preferred alternative is. He is looking forward to the meeting in August. CITY MANAGER COMMENTS: Ms. Ott said she is happy to bring back information on the bags. She said the law is pretty specific to include pharmacy and liquor sales. Secondly, staff are at the Saturday market every Saturday to gather input regarding the Castle Creek bridge. She said there will be staff at the Saturday Market every Saturday but will be on August 10 th to get feedback on the bridge project. She said Council should have received a survey for a governance workshop. She said the City of Aspen is the recipient of a grant for 2 million for the Lumberyard. They will be bringing forward a phase 0 demolition contract soon. This was the maximum possible award. BOARD REPORTS: Councilor Doyle said he had the Board of Health. He said they briefly touched on Dr. Levin’s column on gun violence. They also spoke about covid numbers on the rise around the state. There was a presentation on preventative dental health. They touched on air quality regarding wood smoke, street sanding, and restaurant smoke. He had Nordic Council last week and they are currently working on an ADA website. They spoke about a snow making proposal as well. Councilor Hauenstein said they had APCHA. They spoke about their strategic plan and next year’s work plan. They also had a discussion on a hearing officer. Councilor Rose had RFTA where they spoke about hydrogen powered buses. Ridership is still not back to what it was pre-pandemic. We Cycle has super successful. They did have an executive session regarding union contract negotiations. CONSENT CALENDAR: Mayor Torre pulled Resolution #077. Resolution #077, Series of 2024 – Park Avenue Construction Contract – Pete Rice, Carly McGowen, PJ Murray, Tyler Christoff Ms. McGowen said she is grateful to engage with John and Bart on this project. They look forward to keeping engagement close moving forward. The heart of the project is the stormwater management. Second is the public safety aspect. She showed the design and landscaping. 97 3 REGULAR MEETING ASPEN CITY COUNCIL JULY 23, 2024 Mayor Torre asked about the proposed edge, and she showed it on screen. Councilor Hauensteinmotioned to adopt the Consent Calendar; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Guth, yes; Rose, yes; Torre, yes. 5-0, motion carried. FIRST READING OF ORDINANCES: Ordinance #10, Series of 2024 – Municipal Code Revisions - Leashes – Matt Kuhn, John Spiess, Simon Longacre Councilor Hauenstein motioned to read; Councilor Guth seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. City Clerk, Nicole Henning, read the ordinance. Mr. Spiess said this was last updated in the 70’s. He said one individual can have no more than three leashed dogs. Councilor Guth said he doesn’t need more information and would make a motion. Councilor Rose wondered about no leash play in Herron Park. He said his dog enjoys that there. Mayor Torre wants to know how this impacts Wagner Park for second reading. Councilor Guth motioned to approve; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Ordinance #11, Series of 2024 – Updates to the Tree Code to Address Fire Mitigation – Matt Kuhn, John Spiess, Shelly Braudis Councilor Doyle motioned to read; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. Ms. Henning read the ordinance. Mr. Kuhn introduced Ms. Braudis as a new team member and came from the U.S. Forest Service. He mentioned there is a policy attached to this and they will be bringing an IGA in conjunction with this ordinance. They are working closely with the fire department on this. Councilor Doyle said the current code doesn’t have allowances for homeowners to remove vegetation currently. Councilor Guth said this is really important and has a lot of gratitude. He has a few concerns surrounding fees. He would request to look at an alternative to plant onsite in the right of way or open space for example. He wants to be realistic to the real conditions at some of the small properties in town. It’s a step in the right direction. Councilor Rose said incentivizing by planting trees is a great thing. Councilor Doyle said yes to more trees. Councilor Rose motioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. PUBLIC HEARINGS: 98 4 REGULAR MEETING ASPEN CITY COUNCIL JULY 23, 2024 Resolution #076, Series of 2024 – Extension of Vested Rights for 1340 Snowbunny Lane – Ben Anderson, Sophie Varga, Chris Bendon Mr. Bendon said he is here representing Jack Reese. He has owned the property since 1973. He wanted to come tonight but was unable. He said Mr. Reese applied for a demo permit and receivedone. The property will be more valuable with a demo permit, so he is trying to secure his family’s future. Ms. Varga went through the criteria for the extension of vested rights. She said staff is recommending denial of the request. Mayor Torre opened public comment. Mike Maple – Mr. Maple said he is incredibly grateful for Mr. Reese and Mr. Bendon for coming forward with this. It has also caused him great stress over the past two years. This is a demonstration that the program has significant potential to strip away local serving housing before it’s time. It will accelerate development. He is encouraging them to grant this extension. Mr. Bendon started to read three public comments into the record. The first was from Susan Spaulding, and the second from John Kelleher. Mayor Torre asked him not to read each of the letters aloud, but to give them to Council to read. Councilor Guth said he is in support. He doesn’t like tying it to someone’s life. They should be equitable. He would propose a five-year extension. Councilor Doyle asked that most people have requested and received their demolition allotment. Mr. Anderson confirmed and said for the ones that have requested one, it has been granted. There have been 30 so far. Councilor Rose said he concurs with Mr. Maple. It causes unneeded stress. He’s open to five years. It’s a nice thing to do for this family. He wants to approve this. Councilor Hauensteinsaid he has concerns of a precedent. He doesn’t support granting an extension. Mayor Torre said he agrees with Councilor Hauenstein. He really doesn’t understand this. He asked why they applied at this time. Some of the talk that goes around is surrounding fear. He doesn’t think an extension is necessary. Abandon it, let someone else have it, and then reapply again. Mr. Bendon said he simply doesn’t know when he’s going to pass. He is trying to set the family up for success. There isn’t any certainty with this permit. It’s a simple and straightforward request. It’s an important factor for overall family planning. Councilor Guth asked how much money Mr. Reese has spent on this so far. It is relevant in this review. Mr. Bendon said he has spent around $5000 so far. If there is an appeal, it’s more. Councilor Hauensteinmotioned to deny; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, no; Hauenstein, yes; Rose, no; Torre, yes. 3-2, motion carried. Resolution #80, Series of 2024 - Policy Resolution for Title 26 – Haley Hart and Ben Anderson 99 5 REGULAR MEETING ASPEN CITY COUNCIL JULY 23, 2024 Ms. Hart said there will be amendments to fees, certificates of affordable housing credits, growth management quota system, demo allotments, response to house bill 23-1255, trash enclosures, as well as planning and zoning application and review fees. Mr. Anderson said they will need direction on a path forward. He questioned if they would want a work session or first reading of ordinances with edits to GMQs. Mayor Torre suggested a work session. Councilor Hauensteinsuggested a first reading. Councilor Rose said would like a first reading. Councilor Doyle said he would like a first reading. Councilor Guth also agreed for a first reading. He said this program is a farce and he is tired of spending time talking about it. He said the likelihood of someone getting elected in March who will get rid of this program alongside himself is pretty high. He said what happened tonight is punishing a longtime local. Mayor Torre said you will see the meeting continued. There is a lot of work to do on these topics. Ms. Hart said staff is recommending approval. Mayor Torre opened the public hearing: Mike Maple – Mr. Maple said he is stunned. He doesn’t think you understand economics 101. Tremendous uncertainty is created by the current demolition program. Councilor Hauenstein said he must leave and exited the meeting at 7:28 p.m. Mr. Maple continued on and said this is very painful. It is damaging our community and if you are blind to that, you are blind. Councilor Guth said he is supportive of moving forward with this. He spoke about private sector housing credits. How do we change the math in the favor of the private sector doing this. The council said they are open to a conversation surrounding Councilor Guth’s suggestion. Councilor Doyle motioned to approve; Councilor Guth said they should increase the diversion rates. Mayor Torre said that’s already in there. Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Hauenstein, yes; Rose, yes; Torre, yes. 5-0, motion carried. ACTION ITEMS: Resolution #084, Series of 2024 – Waiver of Attorney Client Privilege – City Attorney, James R. True Mr. True introduced the item. He said the memo is thorough in stating their position in regard to a memo dated July 9th. It does not waive any other attorney client privilege. This is only regarding this specific confidential memo. Everyone will have equal access to it and will be posted on the website. Councilor Rose asked about sending this to the press. Mr. True said they are very aware of this. 100 6 REGULAR MEETING ASPEN CITY COUNCIL JULY 23, 2024 Councilor Guth motioned to approve; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Rose, yes; Torre, yes. 4-0, motion carried. Council Discussion on Visitor Centers: Ms. Ott said they were provided a memo yesterday with an overview. Mayor Torre said he wants a visitor center in the Armory. Councilor Rose said hewants it in the Armory or adjacent to the Armory. Councilor Doyle thinks there should be a permanent ACRA home in the armory. Councilor Guth said he’s fine with a small visitor center at the Armory, but not their offices. He was surprised by the small visitor numbers at the old Powerhouse. We should keep that in mind. He likes the kiosk across from Paradise. Councilor Rose suggested no more than 1000 ft. Councilor Doyle said he supports it. Councilor Guth said he will support it. Resolution #083, Series of 2024 – ACRA Temporary Relocation to the Armory – Jen Phelan and Rob Schober. Ms. Phelan said they are asking to move ACRA into the Armory temporarily. They are currently in the old Powerhouse and that is scheduled for a major renovation. This wentthrough an RFP process, and we are looking for a tenant finish contract. We will do paint and carpet to spruce up the space. There were two bids and both companies have experience with the city and staff is recommending Northpeak with a lower bid and greater scope. Mayor Torre said he supports the contract but wants to make sure we are getting something that is extremely usable. What he sees missing is an area for someone to sit down, bathroom renovations, office space, and a small visitor center window. He is interested in somewhere for visitors to sit down and utilize the basement space. Debbie Braun of ACRA spoke and said they are happy to take over the space. Councilor Rose said he’s ready to approve as is. Councilor Doyle motioned to approve; Councilor Rose seconded. Mayor Torre wants their feelings on what it would take to activate the space inside the front door. Ms. Phelan said there are accessibility issues with that space and the more you get into it, you’ll have to make upgrades to that building. Mayor Torre said he just hopes we are doing this right. Roll call vote: Doyle, yes; Guth, no; Rose, yes; Torre, yes. 3-1, motion carried. BOARD AND COMMISSION APPOINTMENTS: Mayor Torre motioned to appoint Morgan Fixel and Ann Mullins to the Grant Steering Committee. Roll call vote: Doyle, yes; Guth, yes; Rose, yes; Torre, yes. 4-0, motion carried. Mayor Torre mentioned Dakota Severe for HPC. 101 7 REGULAR MEETING ASPEN CITY COUNCIL JULY 23, 2024 Councilor Guth said he isn’t supportive; she isn’t fully qualified. Mayor Torre motioned to accept Dakota; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, no; Rose, yes; Torre, yes. 3-1, motion carried. Mayor Torre said for CCLC, Kiki Raj reapplied and Deborah Severe was a new applicant. Councilor Rose said he would put Kiki back on. Councilor Rose motioned to reappoint Ms. Raj; Mayor Torre seconded. Roll call vote: Doyle, yes; Guth, yes; Rose, yes; Torre, yes. 4-0, motion carried. For Kids First, Mayor Torre said Stefan Reveal has reapplied. Councilor Rose, Guth, and Doyle said yes to this appointment. Councilor Doyle motioned to approve; Councilor Rose seconded. Roll call vote: Doyle, yes; Guth, yes; Rose, yes; Torre, yes. 4-0, motion carried. For P&Z, Charlie Tarver interviewed and would like to resign from HPC. Councilor Rose motioned to appoint Charlie to P&Z; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Rose, yes; Torre, yes. 4-0, motion carried. Councilor Rose motioned to adjourn; Councilor Doyle seconded. Roll call vote: Doyle, yes; Guth, yes; Rose, yes; Torre, yes. 4-0, motion carried. ______________________ City Clerk, Nicole Henning 102 MEMORANDUM TO:Aspen City Council FROM:Pete Strecker, Finance Director THROUGH:Sara Ott, City Manager MEMO DATE:July 26, 2024 MEETING DATE:August 13, 2024 RE:Adoption of 2024 Ballot Language for Tax Questions included in Ordinances #08 and #09, Series 2024 _____________________________________________________________________ REQUEST OF COUNCIL:Staff requests Council approval of ballot language for the upcoming November 5, 2024 election, regarding the extension of existing sunsets to the affordable housing real estate transfer tax (RETT) and the shared city sales tax for affordable housing and childcare. Additionally, staff requests approval of ballot language to ask voters to authorize the application of a use tax on motor vehicle sales with a coinciding action to no longer levy the City’s sales tax to these sales. SUMMARY AND BACKGROUND:Aspen City Council adopted support for the 1.0% RETT for affordable housing (Ord 14) and additional 0.45% sales tax to benefit affordable housing and childcare (Ord 81) both in 1989. The new taxes, when voted into adoption by the electorate, became effective July 1, 1989 and July 1, 1990, respectively. Voter approval of these taxes was however only for a specified time and questions have been subsequently asked and approved by voters since these original ballot measures to extension application of these taxes through December 31, 2040. DISCUSSION: Staff presented City Council with information around the extension of the current sunset dates and on the modification of taxation on motor vehicle sales early in the calendar year (March 25, 2024) and most recently on June 10, 2024. Included in these discussions, staff outlined the benefits of extending the sunset dates for the 1.0% RETT and 0.45% sales tax to allow for maximum flexibility for financing upcoming affordable housing at the lumberyard site. Currently, the sunsets expire the existing taxing authority on December 31, 2040, roughly sixteen years from now. Given the size of potential borrowing to implement the buildout of the property, staff felt, and Council supported a longer window for a repayment schedule on a future debt issuance, thereby allowing for future lower annual payments. Based on this discussion, staff incorporated 103 a new sunset deadline of December 31, 2060 to coincide with roughly a new 30-year period from an anticipated borrowing. Also during these discussions, staff recommended incorporating some consistency to the City’s tax code, to address the anomaly that exists with Aspen’s application of a sales tax, rather than a use tax, on motor vehicle sales. The City of Aspen is unique in this current taxing policy and as such, does not achieve the goal of the broader State of Colorado and its vision for uniformity in taxation policy and process at the State and local levels. The State as been more aggressive in its efforts to achieve this vision and with this, staff feel it is appropriate to make this adjustment to the City’s tax code. It is also consistent with the pending changes that will also be sought as a necessary step into adopting the State Department of Revenue as the City’s new sales tax collection agency, as supported by the City Council June 25, 2024 via adoption of Resolution 73. Based on this direction, staff has provided ballot language to ask voters to approve the application of a use tax to motor vehicle sales at 2.10%, eliminating the application of the otherwise 2.40% sales tax on these same sales. If voters do not approve this proposed ballot measure, the 2.40% sales tax would continue to be levied. FINANCIAL IMPACTS: Approval of this ballot language will result in questions being included to the electorate as part of the November 5, 2024 election. Voters will decide if the extensions and the shift in taxation on motor vehicle sales is appropriate, but the end result would be no new taxing authority. In fact, there would be a slight reduction in taxation in the shift to a 2.10% use tax vs. the 2.40% sales tax levied on motor vehicle sales, if approved. RECOMMENDATIONS:Staff recommends approval of Ordinances #08 and 09 of Series 2024 to support ballot questions for the upcoming November election. CITY MANAGER COMMENTS: 104 1 ORDINANCE NO. #08 SERIES OF 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 23.48.070 OF THE MUNICIPAL CODE TO EXTEND THE EXPIRATION DATE OF THE AFFORDABLE HOUSING REAL ESTATE TRANSFER TAX FROM DECEMBER 31, 2040 TO DECEMBER 31, 2060; AMENDING SECTION 23.32.060 OF THE MUNICIPAL CODE TO EXTEND THE EXPIRATION DATE OF THE AFFORDABLE HOUSING AND DAYCARE 0.45% SALES TAX FROM DECEMBER 31, 2040 TO DECEMBER 31, 2060, AND ESTABLISHING AND SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN CERTAIN QUESTIONS AT THE NOVEMBER 5, 2024 ELECTION. WHEREAS, the City of Aspen,Colorado, (the “City”), is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; and WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen City Charter, on its own motion, to submit questions to a vote of the electorate; and WHEREAS, the election provision of Article X, Section 20(3) of the Colorado Constitution requires that certain financial ballot issues be decided only in a state general election, biennial local election or on the first Tuesday in November of odd numbered years. WHEREAS, the affordable housing real estate transfer tax originally imposed by Ordinance 20 (Series 1979) is scheduled to expire on December 31, 2040; and WHEREAS, the affordable housing and daycare 0.45% sales tax originally imposed by Ordinance 81 (series 1989) is scheduled to expire on December 31, 2040; and WHEREAS, the City Council has determined to ask the electorate of the City of Aspen at the November 5, 2024 general election for authorization to extend the expiration dates of these two taxes from December 31, 2040 to December 31, 2060, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1:The following question shall be submitted to the electorate at the November 5, 2024, general election: CITY OF ASPEN EXTENSION OF REAL ESTATE TRANSFER TAX 105 2 SHALL THE CITY OF ASPEN’S EXISTING 1.0% REAL ESTATE TRANSFER TAX, WHICH IS SCHEDULED TO EXPIRE ON DECEMBER 31, 2040, BE EXTENDED THROUGH DECEMBER 31, 2060; AND SHALL THE REVENUES FROM SUCH REAL ESTATE TRANSFER TAX AND THE EARNINGS ON SUCH REVENUES BE AS A VOTER-APPROVED REVENUE CHANGE THAT THE CITY MAY COLLECT, RETAIN AND EXPEND WITHOUT LIMITATION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION (TABOR) OR ANY OTHER LAW? YES ___________ NO ___________ Section 2:The following question shall be submitted to the electorate at the November 5, 2024, general election: CITY OF ASPEN EXTENSION OF EXISTING 0.45% SALES TAX AFFORDABLE HOUSING AND DAY CARE SHALL THE CITY OF ASPEN’S EXISTING 0.45% SALES TAX FOR AFFORDABLE HOUSING AND DAY CARE, WHICH IS SCHEDULED TO EXPIRE ON DECEMBER 31, 2040, BE EXTENDED THROUGH DECEMBER 31, 2060; AND SHALL THE REVENUES FROM SUCH SALES TAXES AND THE EARNINGS THEREON BE COLLECTED, RETAINED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION (TABOR) OR ANY OTHER LAW? YES ___________ NO ___________ Section 3:Contingent on a favorable yes vote from the electorate on November 5, 2024, for the extension of the existing sunset date on the 1.0% affordable housing real estate transfer tax to the revised sunset date of December 31, 2060, Section 23.48.070 of the Aspen Municipal Code is hereby amended with the following: 23.48.070 (f): Duration of tax. This Section shall continue effective insofar as the levy of the real estate transfer tax is concerned through December 31, 2060, and insofar as the collection of the tax levied in the aforesaid period and actions for proceedings for collecting any tax so levied, including interest and penalties thereon, and enforcing any of the provisions in this Section are concerned, this Section shall continue effective until all of said taxes levied in the aforesaid period are fully paid and any and all suits or prosecutions for the collection of said tax and for the punishment of violations of this Chapter shall have been fully terminated. 106 3 Section 4:Contingent on a favorable yes vote from the electorate on November 5, 2024, for the extension of the existing sunset date on the 0.45% affordable housing and daycare sales tax to the revised sunset date of December 31, 2060, Section 23.32.060 of the Aspen Municipal Code is hereby amended with the following: 23.32.060 (c)(4): Sales tax receipts derived from the forty-five one hundredths of one percent (0.45%) additional sales tax levied pursuant to Ordinance No. 81, Series of 1989, shall be set aside in a separate fund designated as the "Affordable Housing Fund and the Day Care Fund". The City Council will allocate the forty-five one hundredths of one percent (0.45%) sales tax between the funds as it shall from time to time designate. The sales tax from the forty-five one hundredths of one percent (0.45%) sales tax shall be expended by the City Council for the purpose of creating public or private affordable housing and day care opportunities within the city and county, including but not by way of limitation, capital improvements and capital expenditures therefor, land acquisition, payment of indebtedness incurred in connection with any affordable housing or day care expenditures, reserves and for expenditures necessary to protect any such property acquired or capital improvements constructed or purchased from any and all threatened or actual damages, loss, destruction or impairment from any such cause or occurrences. This section 23.32.060(c)(4) shall continue effective insofar as the levy of the 0.45% sales tax is concerned through December 31, 2060. Section 5: 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 6: 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 7: A public hearing on this ordinance shall be held on the 27th day of August 2024, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 8. Subject to the adoption by the electorate at the Election on November 5, 2024, this ordinance shall be effective as of January 1, 2025. 107 4 INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the __ day of ___________ 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed and approved this __ day of ____________ 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney 108 MEMORANDUM TO:Aspen City Council FROM:Pete Strecker, Finance Director THROUGH:Sara Ott, City Manager MEMO DATE:July 26, 2024 MEETING DATE:August 13, 2024 RE:Adoption of 2024 Ballot Language for Tax Questions included in Ordinances #08 and #09, Series 2024 _____________________________________________________________________ REQUEST OF COUNCIL:Staff requests Council approval of ballot language for the upcoming November 5, 2024 election, regarding the extension of existing sunsets to the affordable housing real estate transfer tax (RETT) and the shared city sales tax for affordable housing and childcare. Additionally, staff requests approval of ballot language to ask voters to authorize the application of a use tax on motor vehicle sales with a coinciding action to no longer levy the City’s sales tax to these sales. SUMMARY AND BACKGROUND:Aspen City Council adopted support for the 1.0% RETT for affordable housing (Ord 14) and additional 0.45% sales tax to benefit affordable housing and childcare (Ord 81) both in 1989. The new taxes, when voted into adoption by the electorate, became effective July 1, 1989 and July 1, 1990, respectively. Voter approval of these taxes was however only for a specified time and questions have been subsequently asked and approved by voters since these original ballot measures to extension application of these taxes through December 31, 2040. DISCUSSION: Staff presented City Council with information around the extension of the current sunset dates and on the modification of taxation on motor vehicle sales early in the calendar year (March 25, 2024) and most recently on June 10, 2024. Included in these discussions, staff outlined the benefits of extending the sunset dates for the 1.0% RETT and 0.45% sales tax to allow for maximum flexibility for financing upcoming affordable housing at the lumberyard site. Currently, the sunsets expire the existing taxing authority on December 31, 2040, roughly sixteen years from now. Given the size of potential borrowing to implement the buildout of the property, staff felt, and Council supported a longer window for a repayment schedule on a future debt issuance, thereby allowing for future lower annual payments. Based on this discussion, staff incorporated 109 a new sunset deadline of December 31, 2060 to coincide with roughly a new 30-year period from an anticipated borrowing. Also during these discussions, staff recommended incorporating some consistency to the City’s tax code, to address the anomaly that exists with Aspen’s application of a sales tax, rather than a use tax, on motor vehicle sales. The City of Aspen is unique in this current taxing policy and as such, does not achieve the goal of the broader State of Colorado and its vision for uniformity in taxation policy and process at the State and local levels. The State as been more aggressive in its efforts to achieve this vision and with this, staff feel it is appropriate to make this adjustment to the City’s tax code. It is also consistent with the pending changes that will also be sought as a necessary step into adopting the State Department of Revenue as the City’s new sales tax collection agency, as supported by the City Council June 25, 2024 via adoption of Resolution 73. Based on this direction, staff has provided ballot language to ask voters to approve the application of a use tax to motor vehicle sales at 2.10%, eliminating the application of the otherwise 2.40% sales tax on these same sales. If voters do not approve this proposed ballot measure, the 2.40% sales tax would continue to be levied. FINANCIAL IMPACTS: Approval of this ballot language will result in questions being included to the electorate as part of the November 5, 2024 election. Voters will decide if the extensions and the shift in taxation on motor vehicle sales is appropriate, but the end result would be no new taxing authority. In fact, there would be a slight reduction in taxation in the shift to a 2.10% use tax vs. the 2.40% sales tax levied on motor vehicle sales, if approved. RECOMMENDATIONS:Staff recommends approval of Ordinances #08 and 09 of Series 2024 to support ballot questions for the upcoming November election. CITY MANAGER COMMENTS: 110 1 ORDINANCE NO. #09 SERIES OF 2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTIONS OF THE MUNICIPAL CODE PERTAINING TO THE TAXATION OF MOTOR VEHICLE SALES, AND ESTABLISHING AND SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN AT THE NOVEMBER 5, 2024 ELECTION A QUESTION TO AUTHORIZE THE APPLICATION OF A USE TAX ON AUTOMOTIVE VEHICLES SALES AND USE. WHEREAS, the City of Aspen,Colorado, (the “City”), is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; and WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen City Charter, on its own motion, to submit questions to a vote of the electorate; and WHEREAS, the election provision of Article X, Section 20(3) of the Colorado Constitution requires that certain financial ballot issues be decided only in a state general election, biennial local election or on the first Tuesday in November of odd numbered years. WHEREAS, the City of Aspen first established and imposed a local sales tax that was levied on upon all sales of tangible personal property in 1970 at the rate of 1.0% and has since been increased to a rate of 2.1% for City uses and an additional 0.3% for educational purposes providing support to the Aspen School District No. 1 (RE); and WHEREAS, the City of Aspen currently includes motor vehicle sales as taxable under the City’s sales taxation allowances; and WHEREAS, the City of Aspen is unique in its current application of a sales tax rather than a use tax on a motor vehicle sale and use wherein the vehicle is first registered to a resident or business address within the City after acquisition from a third-party; and WHEREAS, it has been expressed by the Colorado Department of Revenue that it is supportive of consistency in the taxation policy across the State, pointing to legislative actions including but not limited to H.B. 19-1240, which further clarified the application parameters for both sales and use taxes within the State; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 111 2 Section 1:The following question shall be submitted to the electorate at the November 5, 2024 general election: CITY OF ASPEN IMPOSITION OF A USE TAX ON MOTOR VEHICLES WITHOUT IMPOSING ANY NEW TAX, SHALL CITY OF ASPEN AMEND ITS MUNICIPAL CODE TO RECATEGORIZE THE TAXES CURRENTLY IMPOSED ON AUTOMOTIVE VEHICLES SOLD, REGISTERED AND USED IN THE CITY, CURRENTLY 2.4% , TO BE A USE TAX ON THE SAME TRANSACTIONS, AND IMPOSED AT A LOWER RATE OF 2.1%; AND MAY THE REVENUES OF SUCH USE TAX BE USED BY THE CITY FOR THE MAINTENANCE OF ROADS AND BRIDGES AND OTHER TRANSIT RELATED INFRASTRUCTURE; PROVIDED THAT IF THIS BALLOT QUESTION IS NOT APPROVED BY THE VOTERS, THE CITY SHALL CONTINUE TO IMPOSE ITS EXISTING SALES TAX ON AUTOMOTIVE VEHICLES AT THE EXISTING SALES TAX RATE; AND SHALL THE CITY BE AUTHORIZED TO COLLECT, KEEP AND SPEND THE REVENUES FROM SUCH TAX AND ANY INVESTMENT INCOME THEREFROM NOTWITHSTANDING THE LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? YES ___________ NO ___________ Section 2:Contingent on a favorable yes vote from the electorate on November 5, 2024 establishing authority to levy a use tax on the sale and use of motor vehicles when said vehicles are registered within the City of Aspen city limits, Subsection (7) of Section 23.32.090(7) – Transactions and items subject to tax, of the Aspen Municipal Code shall hereby be amended to read as follows: (7) Automotive vehicles leased or rented in the City. Section 3:Contingent on a favorable yes vote from the electorate on November 5, 2024, Section 23.52. of the Aspen Municipal Code shall hereby be retitled as follows: 23.52. - Use Tax on Construction Materials 112 3 Section 4:Contingent on a favorable yes vote from the electorate on November 5, 2024 establishing authority to levy a use tax on the sale and use of automotive vehicles when said vehicles are registered within the City of Aspen city limits, the following Chapter of the Aspen Municipal Code are hereby added: 23.53. – Use Tax on Automotive Vehicles Sec. 23.53.010. - Legislative Intent. H.B. 1007, enacted by the Fifty-fifth Colorado General Assembly and approved by the Governor on June 6, 1985, sets forth procedures for the collection of sales and use taxes by home rule cities. This Chapter contains provisions which are consistent with some of those set forth in H.B. 1007. The City Council finds that Article XX of the Colorado Constitution grants plenary power to home rule cities to levy and collect taxes within the City limits. The City Council does not endorse restrictions on the taxing power of home rule cities. Thus, it is the intent of the City Council in enacting provisions consistent with H.B. 1007 to assist the business community, but not in any way to prejudice the City's right to fully exercise its Constitutional authority to levy and collect taxes within its boundaries. Sec. 23.53.020. - Words and Phrases Defined: Unless the context clearly indicates otherwise, the following words and phrases as used in this Chapter shall have the following meaning: Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both due from a retailer who also consumes. Use Tax means the tax paid or required to be paid by a consumer for using, storing, or otherwise consuming inside the corporate limits of the City of Aspen an automotive vehicle as defined in this Title that is acquired inside or outside of the corporate limits of the City of Aspen upon which a City of Aspen sales tax is not paid. Sec. 23.53.030. - Rate; Imposition and Collection; Distribution; Effective date (a) Use Tax Levy. There is hereby levied a tax or excise upon the privilege of purchasing, using, storing, or otherwise consuming in the City an automotive vehicle as defined in this Title from sources inside or outside the City, on which the City sales tax has not been paid. For sales, registration and use of an automotive vehicle on or after January 1, 2025, the rate levied shall be two and one tenth percent (2.1%). (b) Imposition and Collection. The tax specified in this Section is imposed upon the owner of the motor vehicle, defined as the purchaser. The tax shall be collected and remit it to the City pursuant to Chapter 23.08 prior to registration of the vehicle. 113 4 (c) Application of funds. All funds received by the City pursuant to this Chapter (Use Tax on Automotive Vehicles) shall be subject to appropriation by City Council of the City, or its designee, only for the purposes to pay the cost of maintenance of roads and bridges and other transit related infrastructure; all in accordance with the purposes and limitations imposed by the ballot measure authorizing the collection of the use tax. (d) Effective date. The provisions of the Chapter shall be effective upon the first day of 2025 (January 1, 2025) and shall continue to be levied and collected until amended or repealed by ordinance. The tax imposed in this Chapter shall be in addition to all other taxes imposed by law. Section 5: 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 6: 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 7: A public hearing on this ordinance shall be held on the 27th day of August 2024, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Section 8. Subject to the adoption by the electorate at the Election on November 5, 2024, this ordinance shall be effective as of January 1, 2025. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the __ day of _________ 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor 114 5 FINALLY,adopted, passed and approved this __ day of __________ 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney 115 Page | 1 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Stuart Hayden, Interim Historic Principal Planner Kevin Rayes, Principal Planner THRU: Ben Anderson, Community Development Director RE: 1st Reading | Ordinance #13, Series 2024 | 120 E. Main Street AspenModern Historic Designation and Benefits | Conceptual Major Development | Transferrable Development Rights (TDRs) | Major Subdivision | Planned Development | Growth Management Review MEETING DATE: August 13, 2024 Applicant/Owner: 120 East Main Street Partners, LLC. Representative: Jessica Garrow, C/O Design Workshop Inc. Location: 120 East Main Street – AKA the Old Pitkin County Library Building Current Zoning: Mixed-Use (MU) Summary: The Applicant has offered voluntary AspenModern historic designation of the existing building located at 120 E. Main Street and requests Conceptual Major Development, Planned Development, Transfer of Development Rights (TDRs), Major Subdivision, Growth Management Review, Special Review and other preservation benefits. The project involved preserving the existing resource and the development of two multi-family residential units at the rear of the property. Staff Recommendation: Staff supports AspenModern designation of the existing building. With that said, Staff believes the scope of benefits requested by the Applicant should be paired down. While certain benefits requested in the application are certainly appropriate and supported by Staff, many are inconsistent with existing code standards, and contrary to underlying zoning. Staff’s responses are nuanced and tailored to the unique nature of the application in the spirit of securing designation of the property without undermining community values. Figure 1: Subject building proposed for designation 116 Page | 2 REQUEST OF COUNCIL: The Applicant is requesting the following approvals from City Council: • Voluntary AspenModern Landmark Designation (Code Section 26.415.030) The subject building is identified on the AspenModern eligibility map and is an example of Wrightian Style architecture. The Applicant is proposing to voluntarily designate the property in exchange for certain preservation benefits/incentives. • Conceptual Major Development (Code Section 26.415.070.D) While the proposal creates significant changes to site planning and adds new structure fully detached from the resource, minimal alternations to the proposed resource are anticipated. • Transferrable Development Rights (Code Section 26.535) As an incentive for voluntary designation, the Applicant seeks to establish ten TDRs, severing 2,500 sq. ft. of development rights from the site. • Major Subdivision (Code Section 26.480.070) The subject site consists of two lots. 120 E. Main Street is located to the south (the lot is improved with the building that qualifies for designation). Across the alley to the north is a small vacant lot that accommodates off-street parking for the building. The Applicant is interested in merging the two lots, which triggers a Major Subdivision review. • Planned Development (Code Section 26.445) The Applicant proposes to develop two free-market residential dwellings behind the existing development. New free-market residential development is no longer allowed within the Mixed- Use zone district. The Applicant also requests to memorialize a building envelope that differs from underlying zoning. The proposed building envelope would allow development to encroach into the rear and side yard setbacks as prescribed by underlying zoning. Lastly, a narrower vehicular right-of way is requested to access the commercial and residential spaces and a stacked parking configuration is requested to accommodate four off-street spaces. Overlaying the property with a Planned Development (PD) allows the Applicant to request use and dimensional variations beyond those allowed pursuant to underlying zoning. Although an application requesting to establish a PD is generally associated with a parcel that is at least 27,000 sq. ft., the Community Development Director has determined that overlaying the subject property with a PD will accommodate the unique benefits requested in the application and advance voluntary AspenModern designation of the subject building. • Growth Management Review (Code Section 26.470.080.D & Code Section 26.470.100) Growth Management Review is triggered for two reasons- (1) because of the subdivision request and (2) because of the request to meet mitigation requirements via fee-in-lieu. The Growth Management Quota System allows for 13 new residential dwelling units resulting from subdivision. In this instance, a subdivision is proposed and two free-market dwelling units are proposed. The City’s Growth Management Quota System regulations require affordable housing mitigation of free-market residential development. Development that generates less than 0.1 Full Time Equivalent (FTE) may mitigate via fee-in-lieu by right. Projects that generate more than 0.1 FTEs generally should mitigate via certificates of affordable housing credit or by physically developing affordable housing units (or buying down existing units) within City limits. This application seeks to mitigate via cash-in-lieu for 1.38 FTEs generated from the free- market residential development which requires review and approval from HPC and Council. 117 Page | 3 HISTORIC PRESERVATION COMMISSION RECOMMENDATION: On July 24, the Historic Preservation Commission (HPC) reviewed the application and recommended approval via Resolution #09, Series of 2024. Multiple conditions are incorporated into the approval, many of which derived from the Development Review Committee (DRC). HPC supported some of Staff’s recommendations and deviated from others. The conditions from which Staff and HPC differed are described below. Section 2: Transferrable Development Rights: HPC recommends approval of ten (10) TDRs subject to the following conditions: • A conservation easement shall be recorded, sterilizing/preserving 2,500 sq. ft. of the property from future development. Staff response: While the City does not prescribe the value of TDRs (the cost of a TDR is based on market demand), the City does play a role in maintaining the integrity of the TDR program. As discussed later in this memo, the concept of transferring development rights from a property that does not allow residential development and transferring those rights to residential properties is a challenging request to accommodate considering the extreme delta between residential vs. non-residential real estate. Staff supports issuing TDRs as a benefit for designating the subject building but cannot support such a generous amount. For context, the City has issued a total of 106 TDRs since 2004 in exchange for landmark designations around town- averaging approximately 5.5 TDRs issued per year. In the past 19 years, only two properties have been issued ten or more TDRs- both of which allowed residential development. Staff supports ‘meeting halfway’ and issuing no more than five TDRs. Section 4: Planned Development – Project Review: HPC was mixed in their support of the request to accommodate free-market residential dwelling units and defers to Council’s eventual decision on the topic. Staff response: Staff’s original recommendation regarding the housing concept still holds. While free-market residential is not appropriate given the allowed uses of the Mixed-Use zone district, Staff does support deed restricted units. Staff can even support Resident Occupied units (without an income limit or price cap) and retroactively issuing Certificates of Affordable Housing Credit as an additional incentive pending the appropriate code amendment (which is an anticipated topic for Council consideration in the coming months). Section 6: Miscellaneous Benefits: HPC was mixed in their support for the Applicant’s request for a six-month rescission period to allow the owners time to confirm the conditions of approval are acceptable for the property. HPC will defer to Council’s eventual decision on the matter. Staff response: Despite a backlog of cases, this application was expedited to meet the 90-day turnaround time required by code. Review fees were waived as an incentive to designate the subject building. Significant Staff time and resources have been put into working with the Applicant team and responding to the multitude of requests described in the application. These efforts were intended to set the Applicant and Council up for a successful, good-faith discussion at a public hearing. Allowing a rescission period for any length of time following approval is not in the best interest of Council or the community. 118 Page | 4 BACKGROUND: 120 E. Main is located within the Mixed-Use (MU) zone district and within the Main Street Historic District. The property is improved with a 1965 Wrightian-style commercial building, approximately 4,560 sq. ft. in size. The building was designed by Fritz Benedict, Herbert Bayer, and Ellen Harland (one of Aspen’s earliest female architects) to serve as the Pitkin County library. In 1966 Walter Cronkite participated in the opening/dedication of the library. True to its Wrightian heritage, the building emphasizes a horizontal composition and incorporates a low- pitched hip roof, overhanging eaves, and a clerestory band of windows. In 1992, the current owner, 120 East Main Partners, LLC., purchased the property, allowing the County to develop a larger facility on North Mill Street. Shortly thereafter, 120 East Main Partners, LLC also purchased the adjacent lot to the north (Lot 2) to accommodate parking for the various commercial uses in the building1. Both lots remain under the ownership of 120 East Main Partners, LLC. Figure 3: Subject Site Location 120 E. Main Lot 2 Figure 2: Walter Cronkite Participating in Opening of Library 119 Page | 5 Today, the building at 120 East Main remains essentially unaltered and has retained its original design integrity. The site has no landmark protection in place and has long been identified as a priority for preservation through AspenModern. The Applicant is voluntarily designating the property and seeks various benefits/incentives in exchange for doing so. Submittal of an AspenModern application triggers a 90-day negotiation period, during which the Applicant and City attempt to find agreement and passage of a designation ordinance within three months. Pending a recommendation from the Historic Preservation Commission, a Final Decision is needed from City Council. It is also important to note that Lot 1 and Lot 2 were both part of the now, no longer existing Office Zone District. That zone eventually became the Mixed-Use Zone District. Due to the complex land use history of Lot 2, it appears on the City of Aspen’s Zone District Map as being located in the Medium-Density Residential (R-6) Zone District. Staff and the Applicant believe the current mapping to be incorrect and both parcels are zoned Mixed Use (MU). Following the approval of the subdivision, staff would correct the map within the City’s GIS zoning layer. PROJECT SUMMARY: In the proposal, the former library and now commercial building would be maintained in its current state on the exterior. As part of the proposal however, Lots 1 and 2 would be merged, and 2, new resdential units and parking spaces would be built on Lot 2, separated from the proposed resource by an existing alley/access way. Additional, but minimal site planning changes are also proposed. As a voluntary designation, the Applicant may request certain benefits. For clarity, Staff has broken down the proposed requests into the following categories. Identfying the dimensions on the property including the proposed new development at the rear of the property is an important element of the Planned Development Review. Generate Ten Transferrable Development Rights: The Applicant seeks to generate ten TDRs, severring a total of 2,500 sq. ft. of development rights from the site. The following methodology was used to determine the number of TDRs proposed. Gross Parcel Size Vacated Alley Net Parcel Size Lot 1 8,800 sq. ft. 800 sq. ft. 8,000 sq. ft. Lot 2 2,520 sq. ft. 900 sq. ft. 1,620 sq. ft. Combined Lots 11,320 sq. ft. 1,700 sq. ft. 9,620 sq. ft. A FAR of 1:1 is allowed by-right within the Mixed-Use zone district. Pending approval of Major Subdivision (combining Lots 1 and 2), a total of 9,620 sq. ft. is allowed on the resulting parcel. The Applicant subtracted the floor area associated with existing and proposed development to determine the number of TDRs proposed. Allowable Floor Area 9,620 sq. ft. Existing Building 4,522 sq. ft . New Residential Floor Area 2,481 sq. ft. Proposed Trash Enclosure Floor Area 96 sq. ft. TDRs (10 at 250 sq. ft. each) 2,500 Total Unused Development Rights 21 sq. ft. 120 Page | 6  Develop Two Free-Market Residential Dwelling Units: As previously mentioned, the vacant lot located to the north of 120 E. Main – Lot 2 – currently provides offstreet parking to the commercial uses within the subject building. The Applicant is interested in merging Lot 2 with 120 E. Main via Major Subdivision and developing two free-market residential dwellings on the north side of the resulting parcel. One unit is 2-bedrooms, and the other unit is 1-bedroom. As depicted in Figure 4, the new development is detached from the existing building and accessed through the alley located between the two structures. Because new free-market residential dwellings are not allowed within the Mixed- Use zone district, the application seeks to overlay the property with a Planned Development (PD). Memorializing a PD allows the Applicant to request a variance from underlying zoning via a site-specific approval. As part of the PD overlay, the Applicant also seeks to memorialize a building envelope three ft. from the rear (north) lot line, and zero ft. from the side (east) lot line where a minimum setback of five ft. is typically required on each side.  Requests Related to Vehicular Access and Parking The Applicant intends to meet minimum parking standards. The code requires a minimum of nine off-street parking spaces; nine spaces are now proposed. Two spaces are for the residential dwellings and the remaining eight spaces are reserved for the commercial space. Six spaces are accommodated in the carport underneath the new residential dwellings. The remaining four spaces are located adjacent to the existing commercial building in a tandem configuration (AKA ‘stacked’). Tandem parking is typically not allowed for properties containing commercial/mixed-uses. Furthermore, Engineering standards prescribe a two-way drive aisle of at least 24-ft. in width. The proposed drive-aisle is 20 ft. which falls short of meeting Engineering requirements. Accommodating a tandem parking configuration and a drive-aisle that is narrower than Engineering standards requires site-specific approval as part of the PD overlay process. Land Use Code Section 26.515.070.e, Detached and Duplex Residential Dwelling Parking, allows tandem parking for single-family and duplex development. “Off-street parking provided for detached residential dwellings and duplex dwellings is not required to have unobstructed access of emergency apparatus to the property or to structures located on the property. This allows for ‘stacking’ of vehicles where a vehicle is parked directly behind another.” In this instance, a tandem parking configuration is proposed for a commercial building, which is not contemplated in the Special Review section of the land use code. Figure 4: Proposed Site Plan Existing Building Proposed Addition Alley between buildings 121 Page | 7  Miscellaneous Requests  Affordable Housing Mitigation The Applicant seeks a guarantee that affordable housing mitigation requirements are met for the existing commercial building. Additionally, the Applicant seeks confirmation that mitigation associated with the development of the free market residential dwellings will not exceed 1.3 FTEs (approximately $563,622). Lastly, the Applicant asks to meet mitigation requirements via cash-in-lieu over a prolonged time period based on the sale of TDRs. Approximately $56,366 would be paid at each installment. • Waiver of Fees The application requests a waiver of plan review fees, including land use review fees, building permit fees, tree removal mitigation fees, Parks fees, and Air Quality (TDM) fees for new development proposed on the property. • Approval of a Restaurant Tenant The application requests approval of a restaurant tenant with the necessary exterior modifications to allow for IBC required ventilation and venting for a commercial kitchen. Additionally, the application requests approval that the exterior patio space is permitted for outdoor food/beverage service. • Ten Years of Vested Rights Ten years of vested rights are requested following issuance of a development order. • Six-Month Rescission Period The application requests a resission period of six months for AspenModern Designation to allow sufficient time for the owners to confirm that the conditions of approval are acceptable for the property. The approval shall mean the conceptual project approval, building modifications, and subdivision approval. REQUESTED REVIEWS & STAFF DISCUSSION: Staff certainly supports voluntary designation of the subject building. As previously mentioned, it is essentially unaltered and has retained its original design integrity. While Staff’s recommendations are nuanced and tailored in response to the unique benefits requested by the Applicant, differences of opinion are likely to remain. Staff aims to facilitate a productive conversation before HPC and Council and hopes a compromise might be realized in pursuit of AspenModern designation. Considering the unique and anomalous benefits requested in the application, overlaying the property with a Planned Development (PD) is the only legally justifiable tool in the Land Use Code to accommodate the requests. The purpose of a PD is to encourage flexibility and innovation in the development of land by allowing use and dimensional variations from those prescribed per underlying zoning. The Land Use Code generally prohibits PD’s to be overlayed on a parcel that is less than 27,000 sq. ft. (Pending approval of Major Subdivision, the resulting parcel comes to just over 9,600 sq. ft.) With that said, the Code does provide the Community Development Director latitude to accept proposed PD overlays on smaller parcels if there exists “an opportunity to advance a significant community goal through Planned Development procedures.” Allowing such ‘one-off’ or ‘ad hoc’ exceptions is rare and considered a major benefit to the Applicant. Afterall, if PD overlays were approved casually on parcels of any size and for any reason, underlying zoning uses and allowances throughout town would be compromised. Careful consideration should be given to a property seeking a PD overlay. In this instance, the Community Development Director 122 Page | 8 does believe that overlaying the subject property with a PD to accommodate the benefits requested in the application will advance voluntary AspenModern designation of the subject building which is in the best interest of the community. If Council determines that the following benefits are justified and should be approved, they will be accommodated/memorialized as part of the PD.  Major Subdivision to Combine Lots 1 and 2 Due to the complex history of Lot 2, the land use pattern has been confusing, allowed uses uncertain, and relationship to the former alley and to Lot 1 muddled. The Lot Merger, while creating a lot that is not consistent with the neighborhood pattern or townsite configuration, does bring certainty to this proposal and the future use of the property. It additionally creates a conforming lot in terms of minimum lot size and other dimensional limitations. Staff supports the request for major subdivision to combine Lots 1 and 2.  TDRs and Free-Market Residential Development Given the unique and anomalous nature of this application, it is challenging to recommend the appropriate number of TDRs without also considering the request for free-market residential development rights – both of which should be considered in tandem. As previously mentioned, The application seeks to maximize residential development rights through the generation of TDRs and the development of free-market residential dwellings- neither of which are allowed within the Mixed-Use (MU) zone district. Staff acknowledges the value and community interest of designating the subject building. However, each of these requests alone are big asks. The number of TDRs proposed by the Applicant is based on the remaining development rights of the property after accounting for existing/proposed development. Typically, Staff would support such a request based on these calculations. However, pursuant to Land Use Code Section 26.535.030, TDRs- Applicability and Prohibitions, the “sending” and “receiving” of TDRs is limited to properties where residential uses are allowed by-right: Sending sites shall include all properties within the City of Aspen designated as Historic Landmark, those properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, and those properties identified on the AspenModern Map, in which the development of a single-family or duplex home is a permitted use… Transferring development rights from a property where only affordable housing and commercial-based uses are allowed (i.e., office, lodging, restaurants, etc.), to increase the development rights of free-market residential properties, is inconsistent with the land use code and incongruent with the purpose of the TDR program. Furthermore, the extreme delta between the value of residential vs. commercial real estate would result in a disproportional benefit to the Applicant when compared to similar requests. Although zoning is problematic, the concept of generating TDRs on the subject property is justified by Code when adopted through a Final PUD Development Plan. Staff can support the generation of TDRs but believes the appropriate number should be paired down from the ten requested in the application. Developing free-market residential dwellings on the subject property also presents challenges. While it is true that residential uses have historically existed along Main Street, the development of new residential and the continuous conversion from commercial to residential has led to a “hollowing out” of commercial vitality along Main Street over time. In response to this, City Council prohibited the establishement of new, free-market residences in the Mixed- Use Zone District, ehich inlcuded the Main Stree Histroical District. While the PD process 123 Page | 9 does allow for use variations, the development of new free-market residential establishes a precedent that is fundamentally at odds with the land use code and is a request that Staff cannot support. Staff proposes “meeting halfway” and supports approval for up to five TDRs, with the condition that no new free-market residential is developed on the subject property. If the Applicant is interested in pursuing some form of residential development, Staff supports deed-restricting the units and issuing affordable housing credits accordingly. The land use code will likely be amended in the future so that resident occupied dwelling units are eligible for affordable housing credits. If the Applicant is interested in developing RO units, Staff can even support approval to issue credits retroactively (pending a code change) upon the issuance of a certificate of occupancy.  Affordable Housing Mitigation Developing deed-restricted housing (instead of free-market) eliminates the need to assess affordable housing mitigation and thus the request to pay via fee-in-lieu over an unspecified time period is no longer an issue. This is the path that Staff recommends, but if HPC and Council decide to approve the free market dwellings, Staff supports mitigating via fee-in-lieu but opposes payment over a prolonged time period. Mitigation rates are updated on an annual basis and reflect a multitude of factors. Locking in todays mitigation rate while paying over an unspecified time period undermines these updates and reduces the purchasing power of the funds collected.  Vehicular Access & Parking The proposed parking configuration and alignment between the existing structure and proposed addition is tight. As previously mentioned, Engineering Standards require a minimum two-way drive aisle of 24 ft. The application represents a drive aisle of 20 ft. Considering that the subject property is located at the terminus of a vehicular accessway, driving speed is likely reduced when compared to a typical throughway. With this in mind, the Engineering Department supports the tighter alignment, with the condition that vehicular movements/turns are modeled and provided to Staff for review prior to the Council hearing. Tandem/stacked parking for a commercial space presents obvious challenges; how does a car parked in the front space exit when a stranger’s car is parked behind it? Staff has included a condition of approval requiring that a parking plan be recorded with the final planned development approval. Community Development Staff, Engineering and the Applicant team will work through the details of the parking plan to accommodate the tandem spaces.  Miscellaneous Requests • Waiver of Fees Staff supports waiving all fees associated with the restoration of the existing building, and any development associated with affordable housing, including land use, building permit, tree removal, Parks, and Air Quality (TDM). Staff does not support the waiver of fees (apart from land use which is already waived) for development associated with the proposed free market residential units. • Approval of a Restaurant Tenant Logistical/technical details associated with restaurant operations still need to be clarified and more than likely modified between now and building permit review. For instance, as previously mentioned, the Applicant seeks to install a trash enclosure that is significantly smaller than the dimensional requirements prescribed by Environmental Health. Approving a restaurant at this point in the process without certainty around basic building-code requirements is premature and not practical. 124 Page | 10 Instead of approving a restaurant use now – during the land use entitlement process – Staff recommends the Applicant team work with the appropriate City departments at the time of building permit so technical details associated with a restaurant use can be properly vetted. The Mixed-Use zone district allows restaurant uses by-right, so opening a restaurant in the future is a non-issue as far as zoning/allowed uses are concerned. • Ten Years of Vested Rights Under Title 26 of the Land Use Code, projects are typically granted three years of vested rights. The idea of vesting the development of two free-market residential dwellings (in a zone district that no longer allows them) for ten years and locking in affordable housing mitigation at todays rate, not only conflicts with the land use code, but it does little to mitigate the impacts of the proposed development. Staff can support the request for ten years of vested rights, if new development is limited to affordable housing. • Six-Month Rescission Period The application requests a rescission period of six months for AspenModern Designation to allow sufficient time for the owners to confirm that the conditions of approval are acceptable for the property. The approval shall mean the conceptual project approval, building modifications, and subdivision approval. Staff supports this request if the Applicant is willing to modify the free-market development to deed-restricted affordable housing. Short of that, it is not in the City’s interest to accommodate a rescission period for any length of time. RECOMMENDATION: Staff’s recommendation is broken down below:  TDRs: • The Applicant seeks 10 TDRs in exchange for designation. • Staff recommends approval of no more than 5 TDRs.  Residential Development: • The Applicant seeks to develop two free-market residential dwellings. • Staff recommends approval of two deed-restricted (at any level chosen by the applicant) residential dwellings and issuance of the commensurate Certificates of Affordable Housing Credits. If RO units are developed, Staff recommends memorializing the ability to retroactively issue Certificates of Affordable Housing Credits pending the appropriate code update.  Affordable Housing Mitigation: • The Applicant seeks confirmation that no additional affordable housing mitigation is required for the existing building. The Applicant also requests to meet mitigation requirements for the new development via fee-in-lieu and to pay mitigation via installments as the TDRs are sold. • Staff supports waiving any outstanding mitigation associated with the existing building and confirming that mitigation is met. As for mitigation required for new development – Staff prefers to see deed-restricted housing developed on the property (instead of free-market) which eliminates the need for mitigation. If HPC & Council approve the proposed free-market residential dwellings, Staff recommends that mitigation be paid up front as a lump sum. 125 Page | 11  Waiver of Fees • The Applicant seeks a waiver of all mitigation, permit, land use and other applicable fees. • Staff supports waiving fees if new development is limited to affordable housing. If free-market housing is approved, Staff supports waiving fees associated with the existing building but not the new development.  Restaurant Tenant • The Applicant seeks a guarantee that a restaurant tenant can occupy the existing building. • Staff recommends against “pre-approving” a restaurant tenant at this juncture and suggests the Applicant continue working with applicable City departments to meet building code requirements so that a restaurant can be successful in the space.  Vested Rights and Rescission Period • The Applicant requests ten years of vested rights pending approval and a rescission period of six months. • Staff supports ten years of vesting and a six-month rescission period if the new development is limited to deed-restricted housing. Staff does not support more than three years of vesting if free-market residential dwellings are developed.  Planned Development • There are four elements to the proposal that would require the flexibility allowed by a Planned Development: 1. The variance for setbacks related to the new residential development 2. The issuance of TDRs from a commercial development. 3. The establishment of free-market residences in a zone district where new market rate residences are prohibited. 4. The proposed parking configuration to accommodate four stacked/tandem parking spaces and narrow vehicular access. As previously discussed, staff supports the proposed setbacks and issuance of a reduced number of TDRs from the applicant’s proposal. Staff does not support the establishment of the residential units as free-market.  Subdivision • The Applicant and Staff support the subdivision request to merge Lots 1 and 2. PROPOSED MOTION: Staff recommends that Council approve the ordinance on First Reading and set a public hearing date to review the application. The following motion can be made: “I move to approve Ordinance #13, Series of 2024 on First Reading & set a public hearing (Second Reading) for August 27, 2024.” FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A 126 Page | 12 CITY MANAGER COMMENTS: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ATTACHMENTS: Three ordinances are included. Option 1 reflects the Applicant’s request, Option 2 reflects Staff’s recommendation, and Option 3 reflects the recommendation from HPC: Option 1: The Applicant’s Request | Ordinance #13, Series of 2024 Option 2: Staff’s Recommendation | Ordinance #13, Series of 2024 Option 3: HPC’s Recommendation | Ordinance #13, Series of 2024 EXHIBITS:  Exhibit A.1 | AspenModern Historic Designation | Staff Findings  Exhibit A.2 | Conceptual Major Development | Staff Findings  Exhibit A.3 | Transferrable Development Rights | Staff Findings  Exhibit A.4 | Planned Development – Project Review | Staff Findings  Exhibit A.5 | Growth Management Review | Staff Findings  Exhibit A.6 | Subdivision Review | Staff Findings  Exhibit B | Referral Comments  Exhibit C.1 | Application  Exhibit C.2 | Supplement to Application (Addresses technical changes to architecture and site planning in response to development review committee comments)  Exhibit D | Draft HPC Resolution #09, Series 2024 (Not yet recorded) 127 Option 1: Reflects the Applicant’s Proposal Page 1 of 5 Council Ordinance #13, Series 2024 ORDINANCE #13 (SERIES OF 2024) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, CONCEPTUAL MAJOR DEVELOPMENT, TRANSFERRABLE DEVELOPMENT RIGHTS, MAJOR SUBDIVISION, PLANNED DEVELOPMENT- PROJECT REVIEW, SPECIAL REVIEW AND GROWTH MANAGEMENT REVIEW, FOR THE PROPERTY LOCATED AT 120 E. MAIN STREET, LEGALLY DESCRIBED AS THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, COUNTY OF PITKIN, STATE OF COLORADO; AND PARCEL B, LOT 2, US WEST SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 13, 1993 IN PLAT BOOK 32 AT PAGE 11, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2735-124-38-002 & 2735-124-70-002 WHEREAS, the Applicant, 120 East Main Street Partners LLC, 1390 Lawrence Street, Denver, CO 80204 has requested approval for AspenModern historic designation for the property located at 120 E. Main Street, legally described as Lots N, O, and part of M, Block 66 of the Aspen Historic Townsite, and Parcel B, Lot 2 of the US West Subdivision; and, WHEREAS, Lots N, O, and Part of M, Block 66 of the Aspen Historic Townsite was rezoned from Public (P) to the Office (O) Zone District pursuant to Ordinance 15, Series of 1990; and, WHEREAS, Parcel B, Lot 2 of the US West Subdivision was rezoned from R-6 to the office (O) Zone District pursuant to Ordinance #82, Series of 1992; and, WHEREAS, the Office Zone District was adjusted to the Mixed-Use (MU) Zone district, pursuant to Ordinance #7, Series of 2005; and, WHEREAS, the application was deemed to be complete on April 24, 2024 and applicable fees paid on May 6, 2024. Receipt of payment commenced a code mandated 90-day negotiation period. Since the review process could not be completed within 90 days, City Council, passed Resolution #087, Series of 2024 at its regular meeting on July 23, 2024, extending the negotiation period to August 27, 2024; and, WHEREAS, the AspenModern designation process is described in Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows City Council to approve site specific benefits to secure voluntary historic designation following a recommendation from the Historic Preservation Commission (HPC); and, WHEREAS, on July 24, 2024, HPC reviewed the application at a duly noticed public hearing – finding the property as one of the best and most intact examples of a Wrightian Architecture in Aspen – and voted to recommend approval of the application with conditions via Resolution #09, Series 2024; and, 128 Option 1: Reflects the Applicant’s Proposal Page 2 of 5 Council Ordinance #13, Series 2024 WHEREAS, to approve of Voluntary AspenModern Landmark Designation, Council must find the application meets the requirements of Aspen Municipal Code Section 26.415.030; and, WHEREAS, to approve of Conceptual Major Development, Council must find the application meets the requirements of Aspen Municipal Code Section 26.415.070, Development Involving Designated Historic Property or Property within a Historic District; and, WHEREAS, to approve of Transferrable Development Rights, Council must find the application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable Development Rights; and WHEREAS, to approve of Major Subdivision, Council must find the application meets the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and, WHEREAS, to approve of Planned Development – Project Review, Council must find the application meets the requirements of Aspen Municipal Code Section 26.445, Planned Development); and, WHEREAS, to approve of Growth Management, Council must find the application meets the requirements of Aspen Municipal Code Section 26.470.080 and 26.470.100, Planning and Zoning Commission Growth Management review; and, WHEREAS, upon review of the application and applicable Land Use Code standards, the Community Development Director recommended approval of certain benefits, subject to conditions; and, WHEREAS, the Aspen City Council considered the request at 1st Reading on August 13th, 2024, and at 2nd Reading (a duly noticed public hearing) on August 27th; and, WHEREAS, the Aspen City Council has reviewed and considered the request 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 Aspen City Council finds that the proposal for AspenModern Landmark Designation, Conceptual Major Development, Transferrable Development Rights, Major Subdivision, Planned Development – Project Review, and Growth Management Review meets the applicable standards of the Land Use Code and voted X to X (X-X) on August 27th to approve the request; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. 129 Option 1: Reflects the Applicant’s Proposal Page 3 of 5 Council Ordinance #13, Series 2024 NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL: Section 1: Voluntary AspenModern Landmark Designation and Benefits: Council approves of AspenModern Landmark Designation, and the associated benefits as requested in the application and described herein, subject to the following conditions: 1. Pending approval of Major Subdivision (combining Lots 1 and 2), the resulting parcel shall be designated. Section 2: Transferrable Development Rights: Council approves of ten (10) TDRs subject to the following conditions: 2. A conservation easement shall be recorded, sterilizing/preserving 2,500 sq. ft. of the property from future development. Section 3: Major Subdivision: Council approves of Major Subdivision to combine Lots 1 and 2, subject to the following conditions: 1. Parks, Engineering, Utilities, Streets and other applicable standards related to stormwater runoff, vehicular access, tree care, and utility placement shall be met in accordance with City requirements. These details shall be worked out at the time of building permit. 2. The right-of-way between the designated building and the rear addition shall be at least twenty (20) ft. in width. Section 4: Planned Development- Project Review: Council approves of Planned Development- Project review as needed to provide flexibility in the provision of approved benefits and the site plan proposed by the Applicant, subject to the following conditions: 1. A subsequent application for Detailed Review shall be submitted to the Community Development Department within one year of Council approval. 2. A site plan, plat, floor plans, elevations, architectural drawings, a parking plan/subdivision development agreement, and other documents required pursuant to Title 26 shall be submitted to the Community Development Department within 180 days of approval of Detailed Review. 3. A three-foot setback along the north (rear) property line and a zero-foot setback along the east (side yard) property line shall be memorialized as part of the building envelope and included in the plat submitted by the Applicant. Remaining setbacks shall meet underlying zoning and shall also be included as part of the building envelope. a. Improvements expressly allowed to project into setbacks pursuant to Title 26 of the City of Aspen Land Use Code may be developed outside the boundary of the building envelope. 4. Two (2) free-market residential dwellings with a cumulative maximum floor area of 2,481 sq. ft. may be developed on the property consistent with the drawings represented in the application. Minor changes of a technical nature may be approved administratively at the discretion of the Community Development Director. 5. Council approves of the proposed parking plan as represented in the application, subject to the following conditions: a. A total of nine (9) off-street parking spaces shall be provided. 130 Option 1: Reflects the Applicant’s Proposal Page 4 of 5 Council Ordinance #13, Series 2024 b. Four (4) of the spaces shall be tandem “stacked.” It is recommended that these spaces be reserved for employees of the commercial space and not for customers. The parking plan that is required (per Section 4 of this approval) shall dictate the use of these spaces and clarify such details. c. At least one (1) covered parking space (under the rear addition) shall meet minimum ADA standards. Section 5: Growth Management Review: Council approves of Growth Management review subject to the following conditions: 1. Consistent with the approved floor area for the residential dwellings, the Applicant shall mitigate for 1.38 FTEs at the current Category 2 rate as prescribed by the land use code. • Mitigation may be paid by-right via cash-in-lieu. No additional land use reviews are needed. • The Applicant may pay mitigation over an extended period of time and shall meet all mitigation requirements within ten years from the date of approval for Detailed Review. 2. Council approves of a guarantee that affordable housing mitigation requirements are met for the existing commercial building. No additional mitigation is required for the commercial building. Section 6: Miscellaneous Benefits: Council approves of the following miscellaneous benefits requested by the Applicant: 1. Planning fees, including land use review frees, building permit fees, tree removal mitigation fees, parks fees, and Air Quality (TDM) fees are waived for the new development. 2. Ten (10) years of vested rights are hereby approved. 3. A six-month rescission period (commencing on the date of this approval) to allow the owners time to confirm the conditions of approval are acceptable for the property is hereby approved. 4. A restaurant tenant in the commercial building is approved with the condition that all Building, Environmental Health and other applicable requirements are met. Section 7: Material Representations 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 8: Existing Litigation: 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. 131 Option 1: Reflects the Applicant’s Proposal Page 5 of 5 Council Ordinance #13, Series 2024 Section 9: Severability: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 13th day of August 2024. ATTEST: Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a X to X (X – X) vote on this 27th day of August 2024. Approved as to form: Approved as to content: James R. True, City Attorney Torre, Mayor Attest: Nicole Henning, City Clerk 132 Option 2: Reflects Staff’s Recommendation Page 1 of 5 Council Ordinance #13, Series 2024 ORDINANCE #13 (SERIES OF 2024) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, CONCEPTUAL MAJOR DEVELOPMENT, TRANSFERRABLE DEVELOPMENT RIGHTS, MAJOR SUBDIVISION, PLANNED DEVELOPMENT- PROJECT REVIEW, SPECIAL REVIEW AND GROWTH MANAGEMENT REVIEW, FOR THE PROPERTY LOCATED AT 120 E. MAIN STREET, LEGALLY DESCRIBED AS THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, COUNTY OF PITKIN, STATE OF COLORADO; AND PARCEL B, LOT 2, US WEST SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 13, 1993 IN PLAT BOOK 32 AT PAGE 11, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2735-124-38-002 & 2735-124-70-002 WHEREAS, the Applicant, 120 East Main Street Partners LLC, 1390 Lawrence Street, Denver, CO 80204 has requested approval for AspenModern historic designation for the property located at 120 E. Main Street, legally described as Lots N, O, and part of M, Block 66 of the Aspen Historic Townsite, and Parcel B, Lot 2 of the US West Subdivision; and, WHEREAS, Lots N, O, and Part of M, Block 66 of the Aspen Historic Townsite was rezoned from Public (P) to the Office (O) Zone District pursuant to Ordinance 15, Series of 1990; and, WHEREAS, Parcel B, Lot 2 of the US West Subdivision was rezoned from R-6 to the office (O) Zone District pursuant to Ordinance #82, Series of 1992; and, WHEREAS, the Office Zone District was adjusted to the Mixed-Use (MU) Zone district, pursuant to Ordinance #7, Series of 2005; and, WHEREAS, the application was deemed to be complete on April 24, 2024 and applicable fees paid on May 6, 2024. Receipt of payment commenced a code mandated 90-day negotiation period. Since the review process could not be completed within 90 days, City Council, passed Resolution #087, Series of 2024 at its regular meeting on July 23, 2024, extending the negotiation period to August 27, 2024; and, WHEREAS, the AspenModern designation process is described in Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows City Council to approve site specific benefits to secure voluntary historic designation following a recommendation from the Historic Preservation Commission (HPC); and, WHEREAS, on July 24, 2024, HPC reviewed the application at a duly noticed public hearing – finding the property as one of the best and most intact examples of a Wrightian Architecture in Aspen – and voted to recommend approval of the application with conditions via Resolution #09, Series 2024; and, 133 Option 2: Reflects Staff’s Recommendation Page 2 of 5 Council Ordinance #13, Series 2024 WHEREAS, to approve of Voluntary AspenModern Landmark Designation, Council must find the application meets the requirements of Aspen Municipal Code Section 26.415.030; and, WHEREAS, to approve of Conceptual Major Development, Council must find the application meets the requirements of Aspen Municipal Code Section 26.415.070, Development Involving Designated Historic Property or Property within a Historic District; and, WHEREAS, to approve of Transferrable Development Rights, Council must find the application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable Development Rights; and WHEREAS, to approve of Major Subdivision, Council must find the application meets the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and, WHEREAS, to approve of Planned Development – Project Review, Council must find the application meets the requirements of Aspen Municipal Code Section 26.445, Planned Development); and, WHEREAS, to approve of Growth Management, Council must find the application meets the requirements of Aspen Municipal Code Section 26.470.080 and 26.470.100, Planning and Zoning Commission Growth Management review; and, WHEREAS, upon review of the application and applicable Land Use Code standards, the Community Development Director recommended approval of certain benefits, subject to conditions; and, WHEREAS, the Aspen City Council considered the request at 1st Reading on August 13th, 2024, and at 2nd Reading (a duly noticed public hearing) on August 27th; and, WHEREAS, the Aspen City Council has reviewed and considered the request 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 Aspen City Council finds that the proposal for AspenModern Landmark Designation, Conceptual Major Development, Transferrable Development Rights, Major Subdivision, Planned Development – Project Review, and Growth Management Review meets the applicable standards of the Land Use Code and voted X to X (X-X) on August 27th to approve the request; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. 134 Option 2: Reflects Staff’s Recommendation Page 3 of 5 Council Ordinance #13, Series 2024 NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL: Section 1: Voluntary AspenModern Landmark Designation and Benefits: Council approves of AspenModern Landmark Designation, and certain benefits as requested in the application and described herein, subject to the following conditions: 1. Pending approval of Major Subdivision (combining Lots 1 and 2), the resulting parcel shall be designated an AspenModern Landmark. Section 2: Transferrable Development Rights: Council approves five (5) TDRs subject to the following conditions: 1. A conservation easement shall be recorded, sterilizing/preserving 1,250 sq. ft. of the property from future development. Section 3: Major Subdivision: Council approves of Major Subdivision to combine Lots 1 and 2, subject to the following conditions: 1. Parks, Engineering, Utilities, Streets and other applicable standards related to stormwater runoff, vehicular access, tree care, and utility placement shall be met in accordance with City requirements. These details shall be worked out at the time of building permit. 2. The right-of-way between the designated building and the rear addition shall be at least 20- ft. in width. Section 4: Planned Development- Project Review: Council approves of Planned Development- Project review as needed to provide flexibility in the provision of the approved benefits and the site plan proposed by the Applicant, subject to the following conditions: 1. A subsequent application for Detailed Review shall be submitted to the Community Development Department within one year of Council approval. 2. A site plan, plat, floor plans, elevations, architectural drawings, a parking plan/subdivision development agreement, and other documents required pursuant to Title 26 shall be submitted to the Community Development Department within 180 days of approval of Detailed Review. 3. A three-foot setback along the north (rear) property line and a zero-foot setback along the east (side yard) property line shall be memorialized as part of the building envelope and included in the plat submitted by the Applicant. Remaining setbacks shall meet underlying zoning and shall also be included as part of the building envelope. a. Improvements expressly allowed to project into setbacks pursuant to Title 26 of the City of Aspen Land Use Code may be developed outside the boundary of the building envelope. 4. Two (2) deed-restricted residential dwellings with a cumulative maximum floor area of 2,481 sq. ft. may be developed on the property consistent with the drawings represented in the application. Minor changes of a technical nature may be approved administratively at the discretion of the Community Development Director. a. The dwellings may be deed restricted at the category determined by the Applicant. b. Affordable Housing Certificates may be issued commensurate with the category of designation. 135 Option 2: Reflects Staff’s Recommendation Page 4 of 5 Council Ordinance #13, Series 2024 c. If the units are deed restricted to Residential Occupied (RO), the Applicant shall be issued certificates of affordable housing credit pending an applicable code change. In this circumstance, the credits shall be issued retroactively with no additional land use review required. 5. Council approves of the proposed parking plan as represented in the application, subject to the following conditions: a. A total of nine (9) off-street parking spaces shall be provided. b. Four (4) of the spaces shall be tandem “stacked.” It is recommended that these spaces be reserved for employees of the commercial space and not for customers. The parking plan that is required shall dictate the use of these spaces and clarify such details. c. At least one (1) covered parking space (under the rear addition) shall meet minimum ADA standards. Section 5: Growth Management Review: Council approves of Growth Management review and supports a guarantee that any remaining affordable housing mitigation required for the commercial building has been met. Section 6: Miscellaneous Benefits: Council approves of the following miscellaneous benefits requested by the Applicant, subject to conditions: 1. Planning fees, including land use review frees, building permit fees, tree removal mitigation fees, parks fees, and Air Quality (TDM) fees are waived for the new development. 2. Ten (10) years of vested rights are hereby approved. 3. A six-month rescission period (commencing on the date of this approval) to allow the owners time to confirm the conditions of approval are acceptable for the property is hereby approved. Section 7: Material Representations 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 8: Existing Litigation: 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 9: Severability: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 136 Option 2: Reflects Staff’s Recommendation Page 5 of 5 Council Ordinance #13, Series 2024 INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 13th day of August 2024. ATTEST: Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a X to X (X – X) vote on this 27th day of August 2024. Approved as to form: Approved as to content: James R. True, City Attorney Torre, Mayor Attest: Nicole Henning, City Clerk 137 Option 3: Reflects HPCs Recommendation Page 1 of 5 Council Ordinance #13, Series 2024 ORDINANCE #13 (SERIES OF 2024) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, CONCEPTUAL MAJOR DEVELOPMENT, TRANSFERRABLE DEVELOPMENT RIGHTS, MAJOR SUBDIVISION, PLANNED DEVELOPMENT- PROJECT REVIEW, SPECIAL REVIEW AND GROWTH MANAGEMENT REVIEW, FOR THE PROPERTY LOCATED AT 120 E. MAIN STREET, LEGALLY DESCRIBED AS THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, COUNTY OF PITKIN, STATE OF COLORADO; AND PARCEL B, LOT 2, US WEST SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 13, 1993 IN PLAT BOOK 32 AT PAGE 11, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2735-124-38-002 & 2735-124-70-002 WHEREAS, the Applicant, 120 East Main Street Partners LLC, 1390 Lawrence Street, Denver, CO 80204 has requested approval for AspenModern historic designation for the property located at 120 E. Main Street, legally described as Lots N, O, and part of M, Block 66 of the Aspen Historic Townsite, and Parcel B, Lot 2 of the US West Subdivision; and, WHEREAS, Lots N, O, and Part of M, Block 66 of the Aspen Historic Townsite was rezoned from Public (P) to the Office (O) Zone District pursuant to Ordinance 15, Series of 1990; and, WHEREAS, Parcel B, Lot 2 of the US West Subdivision was rezoned from R-6 to the office (O) Zone District pursuant to Ordinance #82, Series of 1992; and, WHEREAS, the Office Zone District was adjusted to the Mixed-Use (MU) Zone district, pursuant to Ordinance #7, Series of 2005; and, WHEREAS, the application was deemed to be complete on April 24, 2024 and applicable fees paid on May 6, 2024. Receipt of payment commenced a code mandated 90-day negotiation period. Since the review process could not be completed within 90 days, City Council, passed Resolution #087, Series of 2024 at its regular meeting on July 23, 2024, extending the negotiation period to August 27, 2024; and, WHEREAS, the AspenModern designation process is described in Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows City Council to approve site specific benefits to secure voluntary historic designation following a recommendation from the Historic Preservation Commission (HPC); and, WHEREAS, on July 24, 2024, HPC reviewed the application at a duly noticed public hearing – finding the property as one of the best and most intact examples of a Wrightian Architecture in Aspen – and voted to recommend approval of the application with conditions via Resolution #09, Series 2024; and, 138 Option 3: Reflects HPCs Recommendation Page 2 of 5 Council Ordinance #13, Series 2024 WHEREAS, to approve of Voluntary AspenModern Landmark Designation, Council must find the application meets the requirements of Aspen Municipal Code Section 26.415.030; and, WHEREAS, to approve of Conceptual Major Development, Council must find the application meets the requirements of Aspen Municipal Code Section 26.415.070, Development Involving Designated Historic Property or Property within a Historic District; and, WHEREAS, to approve of Transferrable Development Rights, Council must find the application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable Development Rights; and WHEREAS, to approve of Major Subdivision, Council must find the application meets the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and, WHEREAS, to approve of Planned Development – Project Review, Council must find the application meets the requirements of Aspen Municipal Code Section 26.445, Planned Development); and, WHEREAS, to approve of Growth Management, Council must find the application meets the requirements of Aspen Municipal Code Section 26.470.080 and 26.470.100, Planning and Zoning Commission Growth Management review; and, WHEREAS, upon review of the application and applicable Land Use Code standards, the Community Development Director recommended approval of certain benefits, subject to conditions; and, WHEREAS, the Aspen City Council considered the request at 1st Reading on August 13th, 2024, and at 2nd Reading (a duly noticed public hearing) on August 27th; and, WHEREAS, the Aspen City Council has reviewed and considered the request 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 Aspen City Council finds that the proposal for AspenModern Landmark Designation, Conceptual Major Development, Transferrable Development Rights, Major Subdivision, Planned Development – Project Review, and Growth Management Review meets the applicable standards of the Land Use Code and voted X to X (X-X) on August 27th to approve the request; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. 139 Option 3: Reflects HPCs Recommendation Page 3 of 5 Council Ordinance #13, Series 2024 NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL: Section 1: Voluntary AspenModern Landmark Designation and Benefits: Council approves of AspenModern Landmark Designation, and certain benefits as requested in the application and described herein, subject to the following conditions: 1. Pending approval of Major Subdivision (combining Lots 1 and 2), the resulting parcel shall be designated an AspenModern Landmark. Section 2: Transferrable Development Rights: Council approves ten (10) TDRs subject to the following conditions: 1. A conservation easement shall be recorded, sterilizing/preserving 2,500 sq. ft. of the property from future development. Section 3: Major Subdivision: HPC recommends approval of Major Subdivision to combine Lots 1 and 2, subject to the following conditions: 1. Parks, Engineering, Utilities, Streets and other applicable standards related to stormwater runoff, vehicular access, tree care, and utility placement shall be met in accordance with City requirements. These details shall be worked out at the time of building permit. 2. The right-of-way between the designated building and the rear addition shall be at least 20- ft. in width. Section 4: Planned Development- Project Review: Council approves of Planned Development – Project Review as needed to provide flexibility in the provision of the approved benefits and the site plan proposed by the Applicant, subject to the following conditions: 1. A subsequent application for Detailed Review shall be submitted to the Community Development Department within one year of Council approval. 2. A site plan, plat, floor plans, elevations, architectural drawings, a parking plan/subdivision development agreement, and other documents required pursuant to Title 26 shall be submitted to the Community Development Department within 180 days of approval of Detailed Review. 3. A three-foot setback along the north (rear) property line and a zero-foot setback along the east (side yard) property line shall be memorialized as part of the building envelope and included in the plat submitted by the Applicant. Remaining setbacks shall meet underlying zoning and shall also be included as part of the building envelope. a. Improvements expressly allowed to project into setbacks pursuant to Title 26 of the City of Aspen Land Use Code may be developed outside the boundary of the building envelope 4. Two (2) residential dwellings with a cumulative maximum floor area of 2,481 sq. ft. may be developed on the property consistent with the drawings represented in the application. Minor changes of a technical nature may be approved administratively at the discretion of the Community Development Director. 5. HPC was mixed in their support of the request that the residential units be allowed to be free-market residential use and will defer to Council’s eventual decision on the topic. 6. Council approves the proposed parking plan as represented in the application, subject to 140 Option 3: Reflects HPCs Recommendation Page 4 of 5 Council Ordinance #13, Series 2024 the following conditions: a. A total of nine (9) off-street parking spaces shall be provided. b. Four (4) of the spaces shall be tandem “stacked.” It is recommended that these spaces be reserved for employees of the commercial space and not for customers. The parking plan that is required shall dictate the use of these spaces and clarify such details. c. At least one (1) covered parking space (under the rear addition) shall meet minimum ADA standards. Section 5: Growth Management Review: Council approves of Growth Management review and supports a guarantee that any remaining affordable housing mitigation required for the commercial building has been met. Section 6: Miscellaneous Benefits: 1. Council does not support the waiving of fees. The following fees are required: building permit fees, tree removal mitigation fees, parks fees, and Air Quality (TDM) fees for the new development. 2. Council approves of five (5) years of vested rights. 3. HPC was mixed in their support for the applicant’s request for a six-month rescission period to allow the owners time to confirm the conditions of approval are acceptable for the property. HPC will defer to Council’s eventual decision on the matter. Section 7: Conceptual Major Development Council approves of Historic Preservation Major Development subject to the following condition: 1. The applicant shall restudy fenestration and materials on the new construction in support of HP Design Guideline 11.6 – and shall present this restudy to HPC for consideration during Final Development Plan Review. Section 8: Material Representations 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 9: Existing Litigation: 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 10: Severability: 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. 141 Option 3: Reflects HPCs Recommendation Page 5 of 5 Council Ordinance #13, Series 2024 INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 13th day of August 2024. ATTEST: Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed, and approved by a X to X (X – X) vote on this 27th day of August 2024. Approved as to form: Approved as to content: James R. True, City Attorney Torre, Mayor Attest: Nicole Henning, City Clerk 142 Exhibit A.1 Historic Designation and Benefits Criteria Staff Findings Page 1 of 3 Sec. 26.415.030. - Designation of Historic Properties. The designation of properties to an official list, that is known as the Aspen Inventory of Historic Landmark Sites and Structures which is maintained by the City, is intended to provide a systematic public process to determine what buildings, areas and features of the historic built environment are of value to the community. Designation provides a means of deciding and communicating, in advance of specific issues or conflicts, what properties are in the public interest to protect. AspenModern Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two (2) of the criteria a-d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper: c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. 143 Exhibit A.1 Historic Designation and Benefits Criteria Staff Findings Page 2 of 3 AspenModern Designation Criteria Review The application requests the designation of 120 E. Main St. to the Aspen Inventory of Historic Landmark Sites and Structures to be formally recognized as having special significance to the United States, Colorado or Aspen history, architecture, archaeology, engineering or culture. To be eligible for designation as an example of AspenModern, an individual building, site, structure or object must have a demonstrated quality of significance, evaluated according to criteria described below: Finding a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; Not Met b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; Not Met c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; Met d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community; and Not Met e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Met Staff Findings: Where it need meet only one criterion to qualify for designation on the Aspen Inventory of Historic Landmark Sites and Structures, 120 E. Main St. satisfies two criteria as represented in the application. Although the written description of how the property meets the criteria for designation does not reference these criteria by name, it sufficiently demonstrates that the property meets Criteria C and E. In satisfaction of Criteria C, 120 E. Main St. “represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important.” As documented in Aspen’s Twentieth-Century Architecture: Modernism 1945-1975 Fritz Benedict, Herbert Bayer, and Ellen Harland designed and drafted the original Pitkin County Library at 120 E. Main St. in 1966. With its simple form, horizontality, low-pitched hip roof with deep overhangs, natural materials, lack of applied decoration, ribbon windows, and close connection to/integration with the environment/landscape, this building embodies the Wrightian/Organic design philosophy for which Benedict, a pupil of Frank Lloyd Wright’s, is well known. 144 Exhibit A.1 Historic Designation and Benefits Criteria Staff Findings Page 3 of 3 The application also demonstrates that 120 E. Main St. meets Criterion E. According to the Integrity Scorecard, the property possesses the highest degree of integrity of location, setting, design, materials, workmanship and association, given its age. Effectively, 120 E. Main St. has been altered very little in its 58-year history. Staff Recommendation: Approval to recommend to City Council the designation of 120 E. Main St. 145 Exhibit A.2 Historic Preservation Design Guidelines Staff Findings Page 1 of 5 26.415.070(d) – Certificate of appropriateness for major development. (1) The review and decision on the issuance of a certificate of appropriateness for major development shall begin with a determination by the Community Development Director that the proposed project constitutes a major development. A major development includes one or more of the following activities: a. The construction of a new structure within a historic district; and/or b. Alterations to more than three (3) elements of a building façade including its windows, doors, roof planes or materials, exterior wall material, dormers, porches, exterior staircase, balcony or ornamental trim; and/or c. The expansion of a building increasing the floor area by more than two hundred and fifty (250) square feet; and/or d. Any new development that has not been determined to be minor development. Relevant Historic Preservation Design Guidelines & Findings The applicant requests a Certificate of Appropriateness for Major Development at 120 E. Main St. for the purposes of constructing a three-story-tall, two-unit dwelling at the rear of the parcel; and adding fenestration, replacing a non-historic wooden stair with a metal ladder, installing rooftop mechanical equipment screening, and replacing damaged soffit and facia of on historic resource. Chapter 1: Site Planning and Landscape Finding 1.1 All projects shall respect the historic development pattern or context of the block, neighborhood or district. • Building footprint and location should reinforce the traditional patterns of the neighborhood. • Allow for some porosity on a site. In a residential project, setback to setback development is typically uncharacteristic of the historic context. Do not design a project which leaves no useful open space visible from the street. Not Met 1.2 Preserve the system and character of historic streets, alleys, and ditches. When HPC input is requested, the following bullet points may be applicable. • Retain and preserve the variety and character found in historic alleys, including retaining historic ancillary buildings or constructing new ones. • Retain and preserve the simple character of historic ditches. Do not plant flowers or add landscape. • Abandoning or re-routing a street in a historic area is generally discouraged. • Consider the value of unpaved alleys in residential areas. • Opening a platted right of way which was abandoned or never graded may be encouraged on a case by case basis. Met/Not Met Chapter 2: Building Materials Finding 2.1 Preserve original building materials. • Do not remove siding that is in good condition or that can be repaired in place. • Masonry features that define the overall historic character, such as walls, cornices, pediments, steps and foundations, should be preserved. • Avoid rebuilding a major portion of an exterior wall that could be repaired in place. Reconstruction may result in a building which no longer retains its historic integrity. • Original AspenModern materials may be replaced in kind if it has been determined that the weathering detracts from the original design intent or philosophy. Not Met 146 Exhibit A.2 Historic Preservation Design Guidelines Staff Findings Page 2 of 5 Chapter 3: Windows Finding 3.6 Match, as closely as possible, the profile of the sash and its components to that of the original window. • A historic window often has a complex profile. Within the window’s casing, the sash steps back to the plane of the glazing (glass) in several increments. These increments, which individually only measure in eighths or quarters of inches, are important details. They distinguish the actual window from the surrounding plane of the wall. • The historic profile on AspenModern properties is typically minimal. Met 3.7 Adding new openings on a historic structure is generally not allowed. • Greater flexibility in installing new windows may be considered on rear or secondary walls. • New windows should be similar in scale to the historic openings on the building, but should in some way be distinguishable as new, through the use of somewhat different detailing, etc. • Preserve the historic ratio of window openings to solid wall on a façade. • Significantly increasing the amount of glass on a character defining façade will negatively affect the integrity of a structure. Met/Not Met Chapter 6: Architectural Details Finding 6.1 Preserve significant architectural features. • Repair only those features that are deteriorated. • Patch, piece-in, splice, or consolidate to repair the existing materials, using recognized preservation methods whenever possible. • On AspenModern properties, repair is preferred, however, it may be more important to preserve the integrity of the original design intent, such as crisp edges, rather than to retain heavily deteriorated material. Not Met Chapter 7: Roofs Finding 7.3 Minimize the visual impacts of skylights and other rooftop devices. • Skylights and solar panels are generally not allowed on a historic structure. These elements may be appropriate on an addition. Not Met 7.4 New vents should be minimized, carefully, placed and painted a dark color. • Direct vents for fireplaces are generally not permitted to be added on historic structures. • Locate vents on non-street facing façades. • Use historic chimneys as chases for new flues when possible. Not Met 7.5 Preserve original chimneys, even if they are made non-functional. • Reconstruct a missing chimney when documentation exists. Met Chapter 11: New Buildings on Landmarked Properties Finding 147 Exhibit A.2 Historic Preservation Design Guidelines Staff Findings Page 3 of 5 11.1 Orient the new building to the street. • Aspen Victorian buildings should be arranged parallel to the lot lines, maintaining the traditional grid pattern. • AspenModern alignments shall be handled case-by-case. • Generally, do not set the new structure forward of the historic resource. Alignment of their front setbacks is preferred. An exception may be made on a corner lot or where a recessed siting for the new structure is a better preservation outcome. Not Met 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel. • Subdivide larger masses into smaller “modules” that are similar in size to the historic buildings on the original site. • Reflect the heights and proportions that characterize the historic resource. Not Met 11.4 Design a front elevation to be similar in scale to the historic building. • The primary plane of the front shall not appear taller than the historic structure. Not Met 11.6 Design a new structure to be recognized as a product of its time. • Consider these three aspects of a new building; form, materials, and fenestration. A project must relate strongly to the historic resource in at least two of these elements. Departing from the historic resource in one of these categories allows for creativity and a contemporary design response. • When choosing to relate to building form, use forms that are similar to the historic resource. • When choosing to relate to materials, use materials that appear similar in scale and finish to those used historically on the site and use building materials that contribute to a traditional sense of human scale. • When choosing to relate to fenestration, use windows and doors that are similar in size and shape to those of the historic resource. Not Met 11.7 The imitation of older historic styles is discouraged. • This blurs the distinction between old and new buildings. • Overall, details shall be modest in character. Met/Not Met Chapter 12: Accessibility, Architectural lighting, Mechanical Equipment, Service Areas, and Signage Finding 148 Exhibit A.2 Historic Preservation Design Guidelines Staff Findings Page 4 of 5 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. • Place mechanical equipment on the ground where it can be screened. • Mechanical equipment may only be mounted on a building on an alley façade. • Rooftop mechanical equipment or vents must be grouped together to minimize their visual impact. Where rooftop units are visible, it may be appropriate to provide screening with materials that are compatible with those of the building itself. Use the smallest, low profile units available for the purpose. • Window air conditioning units are not allowed. • Minimize the visual impacts of utility connections and service boxes. Group them in a discrete location. Use pedestals when possible, rather than mounting on a historic building. • Paint mechanical equipment in a neutral color to minimize their appearance by blending with their backgrounds. • In general, mechanical equipment should be vented through the roof, rather than a wall, in a manner that has the least visual impact possible. • Avoid surface mounted conduit on historic structures. Not Met Staff Findings: New Construction As proposed, the three-story-tall, two-unit dwelling at the rear of the parcel does not meet Guidelines 1.1 or 1.2. Siting residential development between an adjacent parking lot and alley opposite a commercial building is unlike the historic development pattern and context of the block. As illustrated in the 1893 Sanborn map included in the application, the proposed footprint and location of the building eschews the traditional pattern of the neighborhood. If any, this development reinforces the more recent pattern established by the property to its east, further upsetting the historic system and character of the alley. The proposed building may provide variety to the alley, but is not sufficiently ancillary to the historic resource. By lacking a clear orientation to a street, this proposed multi-unit dwelling also falls short of meeting Guideline 11.1. Given its height and massing relative to that of the historic resource, the proposed new development also fails to suffice Guidelines 11.3 and 11.4. The building is neither subdivided into smaller “modules,” nor reflects the heights and proportions that characterize the historic resource. The new building has no discernable front façade, but has no plane that appears to be similar in scale to the historic building. The new structure is recognized as a product of its time pursuant to Guideline 11.6, yet in no way strongly relates to the historic resource. The form, materials, and fenestration of the new building diverge from those of the historic resource. By referencing the ribbon windows and tall, narrow fixed windows on the historic resource the new fenestration comes the closest to satisfying this guideline. The introduction of several other types of windows, however, muddles the clarity of this potential connection. The new building does not imitate older historic styles, nor risk blurring the distinction between old and new buildings, and thereby suffices Guideline 11.7. Given the 149 Exhibit A.2 Historic Preservation Design Guidelines Staff Findings Page 5 of 5 characteristic simplicity of the historic resource, however, the design of the new building warrants restraint. Fenestration Pursuant to Guideline 3.7, adding a new window openings on a historic structure is generally not allowed. Because it is proposed to be located on the rear of a secondary wall, does not significantly increase the amount of glass on a character defining façade, and is similar in scale to the historic openings, however, the new window proposed for the northeast corner of the historic resource is unlikely to negatively affect the overall integrity of the building. Rooftop Mechanical Equipment Considering that no vents or rooftop mechanical equipment are yet proposed, installing rooftop screening of any size is premature, speculative, and antithetical to Guideline 7.4. As suggested therein, using the historic chimney as a chase for new flues is preferred. Relocating extant mechanical equipment to the proposed rooftop location, however, would help satisfy Guidelines 12.4. The mechanical equipment enclosure on the southwest corner of the historic resource is much more visually impactful than would be the proposed rooftop location. Although placing the mechanical equipment on the ground at the alley would be ideal, relocating to any location away from the front façade ought to be considered going forward. The rear slope of the hip roof is also a preferable location for rooftop mechanical equipment for which screening may or may not be necessary. Facia and Soffit Wholesale replacement of damaged facia and soffit does not meet Guideline 2.1 and 6.1 unless the damage is irreparable in place. Patching, consolidating and splicing using recognized preservation methods are preferable pursuant to Guideline 6.1. 150 Exhibit A.3 TDRs Review Criteria Staff Findings Page 1 of 3 Section 26.535.070 – Transferrable Development Rights A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Staff Findings: 120 E. Main is located in the Mixed-Use (MU) zone district and is improved with a building containing commercial uses. The zone district no longer allows residential development, apart from affordable housing. Transferring development rights from a property where only affordable housing and commercial-based uses are allowed (i.e., office, lodging, restaurants, etc.), to increase the development rights of free-market residential properties, is inconsistent with the land use code and incongruent with the purpose of the TDR program. Furthermore, the extreme delta between the value of residential vs. commercial real estate would result in a disproportional benefit to the Applicant when compared to similar requests. Staff finds this criterion to be not met. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Staff Findings: Although the Applicant has determined the remaining development rights of the resulting parcel (pending approval of Major Subdivision to combine Lots 1 and 2), the calculations are based on a property that does not allow free-market residential development. Staff finds this criterion to be not met. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. Staff Findings: As mentioned previously, the Applicant seeks a commensurate number of TDRs based on the remaining development rights of the subject property. Staff finds this criterion to be met. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Properties in the MU Zone District which do not currently contain a single-family home or duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not permit the on-site development of 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. If the additional 20% of allowable floor area exceeds 500 square feet, the applicant may not request a floor area bonus from HPC at any time in the future. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Findings: This criterion was written prior to 151 Exhibit A.3 TDRs Review Criteria Staff Findings Page 2 of 3 E. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Findings: Pending approval of TDRs for the property, the Applicant will be required to file a deed restriction that will permanently reduce the allowable floor area on the subject property by the commensurate number of TDRS issued. The Applicant may obtain a template for the deed restriction from staff when needed. All documents shall be reviewed by the City Attorney prior to execution. Staff finds this criterion to be met. F. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Findings: This is a mandatory process that the applicant must pursue. Staff finds this criterion to be met. G. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Findings: Pending approval of TDRs, the Applicant will be required to submit a plat to the City representing the amount of Floor Area that has been severed from the site. Staff finds this criterion to be met. H. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total 152 Exhibit A.3 TDRs Review Criteria Staff Findings Page 3 of 3 value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Staff Findings: This is a mandatory process that the applicant must pursue. Staff finds this criterion to be met. I. TDR certificates may be issued at the pace preferred by the property owner. Staff Findings: Pending approval of TDRs, Staff will issue the TDRs as requested by the property owner. Staff finds this criterion to be met. J. City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide Council with a recommendation. Staff Findings: Staff proposes “meeting halfway” and supports approval for up to five TDRs, with the condition that no new free-market residential is developed on the subject property. Staff finds this criterion to be met. 153 Exhibit A.4 Planned Development – Project Review Criteria Staff Findings Page 1 of 5 The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. 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. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: A. Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. Staff Response: The request to voluntarily designate the subject building has been a goal of the City since at least 2000, when Staff attempted to work with the owner to designate it. The structure is listed on the Aspen Modern website and identified as a prime example of Wrightian architecture. The concept of building free-market residential behind the building and overlaying the property with a PD is not contemplated in previous plans. It’s worth noting that the PD language generally requires lots to be a minimum of 15,000 sq. ft. to be eligible for a PD overlay. Pending approval of the subdivision, the resulting parcel will be less than 15,000 sq. ft. With that said, Staff finds the benefit of overlaying the property with a PD to accommodate the proposed development is a benefit worth approving (with conditions). Staff finds this criterion to be met. B. Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The subject property is not located in an environmentally sensitive area and is relatively flat. Staff has no concerns about the development suitability of Lot 2 (the rear lot that is currently undeveloped). Staff finds this criterion to be met. Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 154 Exhibit A.4 Planned Development – Project Review Criteria Staff Findings Page 2 of 5 1. The site plan responds to the site’s natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features. Staff Response: There are relatively few natural characteristics apart from some trees and open space. There are no steep slopes, waterways or manmade hazards on the subject property. Staff finds this criterion to be met. 2. The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Response: There are no important geological features or mature vegetation on the site. Staff finds this criterion to be not applicable. 3. Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. Staff Response: The existing building is oriented towards Main Street and reflects traditional neighborhood character and context. There are no plans to relocated or move the existing building. The rear addition is setback 20 ft. from the front building where an access easement is located between the two. A condition of approval is included in the resolution requiring vehicular modeling that demonstrates access for emergency and maintenance vehicles is feasible. Also, a stacked parking configuration is proposed adjacent to the existing commercial building. A parking plan is required to be recorded to clarify the use of these spaces to minimize conflict. Staff finds this criterion to be met. C. Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: 1. There exists a significant community goal to be achieved through such variations. 2. The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. 3. The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. 4. The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public 155 Exhibit A.4 Planned Development – Project Review Criteria Staff Findings Page 3 of 5 transit and other transportation facilities, including those pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. 5. The Project Review approval, at City Council’s discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110 – Amendments. Staff Response: The Applicant seeks two dimensional variations both of which are related to setbacks. The first variation is to memorialize a 3-ft. rear yard setback (where 5-ft. is required per underlying zoning). The second variation is to memorialize a 0-ft. setback along the east side yard setback (where 5-ft. is required per underlying zoning). The remaining lot lines will meet the minimum setback standards. The proposed free-market development is based on the amount of development rights available after accounting for TDRs, the existing building, and the trash enclosure (although some adjustment might be required if ten TDRs are to be issued). There is a variation requested related to use- which in this case is the development of two free-market residential dwelling units. The Mixed-Use zone district no longer allows new free-market residential dwelling units. The impetus for this change was years in the making as commercial businesses were converted to residential, town has witnessed a “hallowing out” of commercial vitality along Main Street. Staff cannot support a variation from use given that it is at fundamental odds with the MU zone district and contradicts the reason why the prohibition on new free-market development was originally adopted. Staff can certainly support a deed-restricted concept and the setback variations if the Applicant desires to develop a residential component. Staff finds this criterion to be met. D. Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: 1. The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. Staff findings: Although the Applicant proposes free-market residential development, RDS standards are not applicable because of the mixed-use nature of the property. The work associated with the existing building is limited to restoration and meets Commercial Design Standards as well as Historic Preservation Standards/Guidelines. Staff finds this criterion to be met. 156 Exhibit A.4 Planned Development – Project Review Criteria Staff Findings Page 4 of 5 2. The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. Staff Responses: The proposed addition is made of materials that are compatible with the existing building and more thoroughly discussed in the Conceptual Review Criteria. Staff finds this criterion to be met. E. Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The property currently contains an easement that accommodates the existing RFTA bus stop (the Paepke Park bus stop). The Applicant also proposes some additional bike parking and will likely need to work with Engineering at the time of building permit to meet all provision of the TIA. Staff finds this criterion to be met. F. Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The Applicant will work with the Engineering Department at the time of building permit to meet the Aspen Urban Runoff Management Plan. At this point in the review, the Engineering Department has not identified any preliminary concerns related to drainage. Staff finds this criterion to be met. G. Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. Staff Response: The Applicant is responsible for upgrading all infrastructure and related facilities needed to serve the project. Staff finds this criterion to be met. H. Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an 157 Exhibit A.4 Planned Development – Project Review Criteria Staff Findings Page 5 of 5 adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Response: The alley located between the existing building and the propose addition provides legal vehicular access to the subject property. The alley shall be no narrower than 20-ft. in width. The applicant is required to provide drawings depicting vehicular turning movements prior to Council review to confirm that emergency and maintenance vehicles have sufficient space. Staff finds this criterion to be met. 158 Exhibit A.5 Growth Management Review Criteria Staff Findings Page 1 of 4 26.470.080. General Review Standards. All Planning and Zoning Commission and City Council applications for growth management review shall comply with the following standards. A. Sufficient Allotments: Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.040.B. Applications for multi-year development allotment, pursuant to Paragraph 26.470.110.A shall be required to meet this standard for the growth management years from which the allotments are requested. Staff Findings: The Growth Management Quota System allows for 13 new residential dwelling units resulting from subdivision. No dwelling units have been approved in 2024 resulting from a subdivision. Staff finds this review criterion to be met. B. Development Conformance: The proposed development conforms to the requirements and limitations of this Title, of the zone district or a site specific development plan, any adopted regulatory master plan, as well as any previous approvals, including the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development – Project Review approval, as applicable. Staff Findings: The development is being reviewed for conformance with the Municipal Code and is seeking Conceptual Historic Preservation Commission approval. While the free-market residential component of the development does not meet underlying zoning of the Mixed-Use zone district, the Applicant seeks to overlay the property with a Planned Development which creates the path by which a variation from underlying zoning can be be approved. Staff finds this review criterion to be met. C. Public Infrastructure and Facilities. The proposed development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Findings: Considering the scope of work proposed, improvements to utilities, the alleyway drainage, solid waste disposal and parking are all required. The Applicant shall be responsible for these upgrades. Staff finds this review criterion to be met. D. Affordable Housing Mitigation. 1. For commercial development, sixty-five percent (65%) of the employees generated by the additional commercial net leasable space, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. 159 Exhibit A.5 Growth Management Review Criteria Staff Findings Page 2 of 4 2. For lodge development, sixty-five percent (65%) of the employees generated by the additional lodge pillows, according to Section 26.470.050.B, Employee generation rates, shall be mitigated through the provision of affordable housing. For the redevelopment or expansion of existing lodge uses, see section 26.470.100.G. 3. For the redevelopment of existing commercial net leasable space that did not previously mitigate (see Section 26.470.070.F), the mitigation requirements for affordable housing shall be phased at 15% beginning in 2017, and by 3% each year thereafter until 65% is reached, as follows. [Not included here]. Staff findings: The application requests a guarantee that no outstanding affordable housing mitigation is required for the existing commercial building. The application does not propose to enlarge the building. Staff is supportive of this request with the condition that any residential development proposed at the rear of the property be deed-restricted. Staff finds this criterion to be met with the condition that any residential development on the property be deed- restricted. 4. Unless otherwise exempted in this chapter, when a change in use between development categories is proposed, the employee mitigation shall be based on the use the development is converting to. For instance, if a commercial space is being converted to lodge units, the mitigation shall be based on the requirements for lodge space, outlined in subsection 2, above. Conversely, if lodge units are being converted to commercial space, the mitigation shall be based on the requirements for commercial space, outlined in subsections 1 and 3, above. Staff findings: A change in use is not requested as part of this review. Staff finds this criterion to be not applicable. 5. For free-market residential development, affordable housing net livable area shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area. Staff findings: The application proposes to develop two free-market residential dwellings. The net livable area of these dwellings comes to approximately 1,840 sq. ft. At a mitigation rate of 30 percent 552 sq. ft. requires mitigation. Using the conversation rate prescribed in the code – 1 FTE is equal to 400 sq. ft. which means 1.38 FTEs are requires for mitigation. The Applicant seeks to mitigate via cash-in-lieu. At the category 2 rate ($408,362), a total of $563,662 is required for mitigation. While Staff does not support the development of free-market residential dwellings on the subject parcel, Staff does acknowledge that the mitigation rate prescribed from the code does apply if HPC and Council approve the free-market dwellings. However, Staff does not support the Applicant’s request to pay mitigation over an unspecified period of time (or over any extended period of time for that matter). It’s understood that the sale of each TDR will raise the funds needed to meet mitigation 160 Exhibit A.5 Growth Management Review Criteria Staff Findings Page 3 of 4 requirements. But the idea of locking in todays mitigation rate and paying in a piecemeal fashion will do very little to provide meaningful mitigation. Staff only supports the request to pay mitigation if it is paid as a lump sum, up front at the time of building permit. Staff finds this criterion to be met if mitigation is paid as a lump sum at the time of building permit. 6. For essential public facility development, mitigation shall be determined based on Section 26.470.110.D. Staff findings: This application does not include an essential public facility. Staff finds this criterion to be not applicable. 7. For all affordable housing units that are being provided as mitigation pursuant to this chapter or for the creation of a Certificate of Affordable Housing Credit pursuant to Chapter 26.540, or for any other reason: i. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority, as amended. ii. Required affordable housing may be provided through a mix of methods outlined in this chapter, including newly built units, buy down units, certificates of affordable housing credit, or cash-in-lieu. iii. Affordable housing that is in the form of newly built units or buy-down units shall be located on the same parcel as the proposed development or located off-site within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Section 26.470.110.B. When off-site units within City limits are proposed, all requisite approvals shall be obtained prior to approval of the growth management application. iv. Affordable housing mitigation in the form of a Certificate of Affordable Housing Credit, pursuant to Chapter 26.540, shall be extinguished pursuant to Section 26.540.120, Extinguishment and Re-Issuance of a Certificate, utilizing the calculations in Section 26.470.050.F, Employee/Square Footage Conversion. v. If the total mitigation requirement for a project is less than 0.1 FTEs, a cash- in-lieu payment may be made by right. If the total mitigation requirement for a project is 0.1 or more FTEs, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26.470.110.C. vi. Affordable housing units shall be approved pursuant to Paragraph 26.470.100.D, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. vii. Each unit provided shall be designed such that the finished floor level of fifty percent (50%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. This dimensional requirement may be varied through Special Review, Pursuant to Chapter 26.430 161 Exhibit A.5 Growth Management Review Criteria Staff Findings Page 4 of 4 8. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied (RO). Staff Findings: As previously stated, Staff supports and encourages the Applicant to reconsider the request to develop free-market residential dwellings and tweak the request to develop deed-restricted affordable housing. If a guarantee is provided that the existing commercial building has already met mitigation requirements, then the affordable housing will generate credits. This is an outcome that will benefit the Applicant team and the community. 162 Exhibit A.6 Major Subdivision Review Criteria Staff Findings Page 1 of 4 26.480.070. Major subdivisions. The following subdivisions shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission. Major subdivisions are subject to Section 26.480.030 – Procedures for Review, the standards and limitations of Section 26.480.040 – General Subdivision Review Standards, and the standards and limitations of each type of subdivision, described below. All subdivisions not defined as administrative or minor subdivisions shall be considered major subdivisions. Land Subdivision. The division or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the following standards: 1. The proposed subdivision complies with the requirements of Section 26.480.040 – General Subdivision Review Standards. Staff Findings: The General Subdivision Review Standards are addressed in the next section of this exhibit. 2. The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. Staff Findings: Lot 2 (the rear lot) was subdivided in the early 1990s to provide parking to the subject building on Lot 1. Under current code, Lot 2 is nonconforming with regards to size. Combining Lots 1 and 2 will result in a conforming lot. Staff finds this criterion is met. 3. The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. Staff Finding: The outcome of the subdivision request will accommodate additional development and a reconfigured parking plan. These improvements will require the removal of certain trees on the property that the Parks Department supports. None of these features have important geological features, or historic, cultural or visual importance. Staff finds this criterion to be met. 4. The proposed subdivision prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29 – Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted with specific design details and timing of implementation addressed through a Development Agreement pursuant to Chapter 26.490 – Approval Documents. 163 Exhibit A.6 Major Subdivision Review Criteria Staff Findings Page 2 of 4 Staff Finding: Neither lot is located within an environmentally sensitive area or in a location unsuitable for development. Staff finds this criterion to be met. 5. There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 – Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. Staff Finding: The Applicant will meet all Engineering design and mitigation standards related to Urban Runoff. The details related to compliance and special design techniques will be addressed at the time of building permit. Staff finds this criterion to be met. 6. The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. Staff Finding: Engineering has preliminary commented on upgrades needed for utilities on private property, but has not yet indicated public infrastructure improvements are required. It is anticipated that this standard will be fully addressed at the time of building permit. Staff finds this criterion to be met. 7. The proposed subdivision is exempt from or has been granted all growth management approvals pursuant to Chapter 26.470 – Growth Management Quota System, including compliance with all affordable housing requirements for new and replacement development as applicable. Staff Finding: Growth Management review and findings are addressed as another exhibit to this packet. Staff finds this criterion is met. 8. The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed for dedication meets the criteria for land acceptance pursuant to said Chapter. Staff Finding: The applicant requests a fee waiver for impact fees associated with the new development that is proposed, including Park Development fees, Transportation Demand Management fees and School Lands fees. Staff is supportive of this request with the condition that the new development be deed restricted. Staff finds this criterion is met with the condition that the new development be deed restricted. 9. A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. Staff Finding: A draft plat is provided in the application and will be finalized and recorded after the land use review is complete. Staff finds this criterion to be met. 164 Exhibit A.6 Major Subdivision Review Criteria Staff Findings Page 3 of 4 10. A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. Staff Finding: In addition to Major Subdivision Review, the application requests to overlay the subject property with a Planned Development. As is required per the land use code, to finalize a PD, a development agreement (including a parking agreement) are needed. These documents will be finalized between the Applicant team and Staff pending approval of the application. Staff finds this criterion to be met. ______________________________________________________________________ ______________________________________________________________________ 26.480.040. General subdivision review standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Staff Finding: Lot 1 (the front Lot containing the historic resource) is located adjacent to Main Street and has alley access at the rear. Lot 2 (the rear lot that is currently vacant), abuts the same alley that provides access to Lot 1. The alley measures approximately 20 ft. in width. Prior to Council review, the Applicant is requires to provide additional drawings confirming that emergency and maintenance vehicle movements can be made within the right of way. Staff finds this criterion to be met, with the condition that the applicant provide the drawings required for Engineering to confirm that vehicle turning movements can be accommodated in the alley. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Staff Finding: As previously mentioned, Lot 2 (the rear lot) was subdivided in the early 1990s to provide parking to the subject building on Lot 1. Under current code, Lot 2 is nonconforming with regards to size. While combining Lots 1 and 2 will result in a conforming lot it won’t result in a parcel that aligns with the original townsite plat. The resulting parcel will be longer (north to south) than surrounding lots. With that said, the new lots are orthogonal and divided north/south, following the pattern of the neighborhood. Staff finds this criterion to be met. 165 Exhibit A.6 Major Subdivision Review Criteria Staff Findings Page 4 of 4 C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Staff Finding: Staff has confirmed that both lots are located within the Mixed-Use (MU) zone district. No rezoning is required. Staff finds this criterion to be met. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Staff Finding: The application proposes to combine two lots. Lot 1 contains the building that is proposed for AspenModern Designation. The building complies with setbacks, floor area requirements and use. Lot 2 is vacant and does not contain any improvements. Approving the subdivision request will not create any non-conformities. Staff finds this criterion to be met. 166 Memorandum TO: Kevin Reyes, kevin.reyes@aspen.gov Community Development Department FROM: Kyla Smits, kyla.smits@aspen.gov Engineering Department DATE: June 14, 2024 SUBJECT: Engineering Department Referral Comments PROJECT: LPA-23-096, 120 E Main St, Aspen Modern Conceptual Review COMMENTS: These comments are not intended to be exhaustive, but an initial response to the project conceptual packet submitted for the purpose of the Historical Preservation Committee meeting. Other requirements may be requested at time of permit. Land Use: Survey 1.Tie survey to two City of Aspen Monuments. 2.Dimension all easements on the survey. Show the extents of the RFTA easement more clearly. 3.Label the Public Utility Easement that is in the northern portion of the property on the survey and list the recordation number or book and page. 4.Label the 10ft dimension on Lot 2. It is unclear if it is a setback or something else. Draft Plat 1.Show all easements. There appears to be a missing easement in the northern portion of the subject property. 2.Dimension the RFTA Easement. 3.Tie to two City of Aspen Monuments. Site Plans 1.All easements should be shown on the site plans. 2.A minimum functional area equaling 30% of the paved area shall be provided contiguous to the paved area and designed to accommodate snow storage (unheated areas). For heated areas, the functional area can be reduced to 10%. Fire hydrant areas and associated easements shall not be used toward the functional area described above. 3.Show the provided 10 parking spaces on a site plan. Provide a turning radius diagram that shows that cars can still maneuver with the reduced drive aisle width. Show provided ADA parking if any. Wheel or bumper guards or other approved barriers shall be located so that no part of any vehicle shall extend beyond the boundary lines of the parking area, intrude on pedestrian ways, or come in contact with walls, fences, or plantings. Exhibit B | Referral Comments 167 TIA 1.Two new measures need to be provided for trip mitigation. The new bike rack satisfies one of these measures. Permit 1.An easement for the electric transformer will need to be recorded prior to Certificate of Occupancy. All necessary clearance distances must be maintained. Utility easement(s) for service lines not related to this property may need to be granted if the re-routed lines cannot be contained within existing easements. Exhibit B | Referral Comments 168 To: Kevin Rayes Planner Community Development Department From: Joseph Pewitt Permit Coordinator Parks & Open Space Department Date: June 17, 2024 Subject: Parks Department Referral Comments Project: LPA-23-096, Voluntary Landmark Application and Conceptual Land Use Application for 120 E Main Street Comments: These comments are not intended to be exhaustive, but an initial response to the project conceptual packet submitted for the request of a conceptual major review and other requirements may be requested at time of permit submittal. Advisory Comments: 1. The Parks and Open Space Department supports the applicant’s requested benefit for plan review fee waivers to include Tree Removal Mitigation fees and Parks Impact fees. 2. The Parks and Open Space Department finds the application’s responses to Historic Preservation Guidelines Chapter 1: Site Planning & Landscape Design #11 and #27 appropriate. a. Tree Removal Permit applications based on tree health or other related factors may be submitted to the Parks and Open Space Department for review at any time. Conditions of Approval: 1. Applicant shall provide a comprehensive landscape plan to be reviewed by the Parks and Open Space Department at building permit. 2. Applicant shall provide a site plan at building permit illustrating the following: a. Location of proposed driveways and other planned areas or structures on the site; b. Location of all trees four (4) inches or over identified by trunk diameter and species; c. Designation of all diseased trees and any trees endangering any roadway pavement or structures and trees endangering utility service lines; d. Designation of any trees proposed to be removed, retained and relocated and areas which will remain undisturbed; e. Any proposed grade changed which may adversely impact any trees on the site. Exhibit B | Referral Comments 169 120 E. Main | Building Department Comments Plan review comments 1) Building to comply with Ord.1 series 2023 2) Building appears to be 2’6” fire separation distance to north property line. Openings are not permitted on this wall. 3) The north wall is required to be one hour fire rated. 4) The ceiling of the car port is required to be one hour. 5) Provide a van accessible parking space. 6) Trash enclosure required to comply with 2021 IFC section 304. The location 7) Main building is required to provide an accessible route per 2021 IEBC section 306. 8) A restaurant will be required to meet the trash and recycling requirements for space. Plan shows 76 sq ft with 300 sq ft required. Exhibit B | Referral Comments 170 1 Voluntary Landmark Application and Conceptual Land Use Application for 120 East Main Street Also known as the Old Pitkin County Library Building Property Owner and Applicant 120 East Main Street Partners, LLC. 1390 Lawrence Street Denver, CO 80204 970-710-9539 Authorized Representative Design Workshop, Inc Jessica Garrow, FAICP Principal 22860 Two Rivers Road, Basalt, Colorado 81621 (970)925-8354 Project Team Planner and Landscape Architects: Design Workshop, Inc 22860 Two Rivers Road Basalt, CO 81621 970-925-8354 Space Planning and Conceptual Design: Red Room Design 1001 Grand Avenue Glenwood Springs, CO 81601 646 -303-3144 Surveying: Peak Surveying, Inc PO Box 1746 Rifle, CO 81650 970-625-1954 Civil Engineers: Roaring Fork Engineering 592 SH-133 Carbondale, CO 81623 970-340-4130 Exhibit C.1 | Application 171 2 Table of Contents Section 1.0 General Requirements ............................................................................................................... 5 Section 2.0 Voluntary AspenModern Landmark Designation ....................................................................... 6 1. Character Defining Associations and Historic Context ................................................................. 6 2. Architectural Design and Setting ................................................................................................ 10 3. Historic Integrity Score ................................................................................................................ 11 4. Requested Benefits of AspenModern Designation ..................................................................... 13 5. Residential Use in the Main Street Area ..................................................................................... 14 1. Review Criteria for Historic Designation ..................................................................................... 16 2. Effect of Designation – Special Consideration including the Requested Benefits ...................... 17 3. Review Criteria for Historic TDRs ................................................................................................ 20 4. Review Criteria for General Subdivision Review Standards ......................................................... 22 5. Review Criteria for Major Subdivision ......................................................................................... 23 6. Review Criteria for Planned Development ................................................................................. 25 Section 4.0 Verification of Existing Floor Area and Net Leasable Area ...................................................... 30 1. Existing Floor Area ...................................................................................................................... 30 2. Measurement of Existing Net Leasable ...................................................................................... 30 Section 5.0 Historic Design Review ............................................................................................................. 30 1. Modifications and Historic Rehabilitation .................................................................................. 30 2. Specific Design Review for Rehabilitation ................................................................................... 31 Section 6.0 Major Subdivision Amendment ............................................................................................... 40 1. Proposed Amendment ................................................................................................................ 40 2. Access to the Property ................................................................................................................ 40 3. Net Lot Area Calculation After Subdivision Amendment and Lot Merger .................................. 40 Section 7.0 Proposed Development and Associated Reviews .................................................................... 41 1. Proposed Residential Development ............................................................................................ 41 2. Review of Historic Preservation Guidelines for New Buildings on Landmark Properties ........... 43 3. Special Review of the Parking Plan ............................................................................................. 46 4. Growth Management and Mitigation for Proposed Development ............................................ 46 5. Proposed Floor Area Calculation ................................................................................................ 47 Section 8.0 Development Standards and Stormwater Management ......................................................... 47 1. Utilities ........................................................................................................................................ 47 2. Stormwater Management .......................................................................................................... 47 Exhibit C.1 | Application 172 3 3. Trash and Recycling ..................................................................................................................... 47 4. Landscape and Patio Space ......................................................................................................... 48 5. Transportation Impact Analysis .................................................................................................. 48 6. Engineering Review of Hazards ................................................................................................... 48 7. School Dedication ....................................................................................................................... 48 Appendix of Documents A. Land Use Application and Fee Agreement B. Title Policy C. Legal Description D. List of Adjacent Property Owners E. Authorization to Represent F. Homeowners Association Compliance Policy G. Pre-Application Checklist H. Vicinity Map I. Plan Set a. Existing Conditions Survey b. Existing Lots and Easements c. Proposed Site Plan d. Proposed Site Plan Overlay on Existing Conditions e. Map of Area to be Designated f. Modifications to Exterior of the Existing Building g. Architectural Floor Plans h. Architectural Elevations i. Verification of Existing Floor Area j. Sketches of the Proposed Project k. Proposed Materials l. Draft Subdivision Plat J. Engineers Report including Hazards and Preliminary Stormwater Management Plan K. Transportation Impact Analysis (TIA) L. Affidavit of Owner Concerning the Deed Restriction Exhibit C.1 | Application 173 4 December 19, 2023 Ms. Amy Simon Planning Director City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Re: Land Use Application for Historic Preservation – Voluntary Landmark Designation, Major Development, Planned Development, Major Subdivision Amendment, Variations, Historic Design Approval, Growth Management, and Special Review for Parcel ID:273512438002 and Parcel 2735124470002 Dear Ms. Simon: The owners of the property located at 120 East Main Street, Aspen are seeking voluntary AspenModern designation for their property and other land use reviews associated with the development of the property as noted above. While the project touches on the listed Land Use Code Sections, the summary of the intent is stated below: The Old Pitkin County Library Building will be placed under Voluntary Landmark Designation for benefits associated with Historic Preservation, including Transfer of Development Rights (TDR’s) and the approval for two small multi-family residential units at the rear of the property. Historic rehabilitation and minor exterior modifications to the existing building are requested to accommodate tenants’ uses as permitted in the mixed-use zone. The existing building is proposed to continue to be used as a commercial building, with a small, detached building proposed behind. The new proposed use accommodates a total of 1,840.4 s.f. of net livable square feet in two units. The residential units are ideally located adjacent to transit, parks and playgrounds, childcare facilities, and within walking distance to the grocery store, post office, trails and open space, community services and employment opportunities. The two existing lots will be merged into a single lot, with the intent of designating the entire property a Historic Landmark. Modeling the plan on the neighborhood compatibility and the example of the adjacent residences, it represents a sound vision for neighborhood use and historic preservation. The benefits incorporated as incentives to the applicant for designation will make the goal of preserving the best example of Aspen’s Modern era on this prominent Main Street property possible. Exhibit C.1 | Application 174 5 Section 1.0 General Requirements All materials defined as required in the Pre-Application sheet are attached as Appendix G. Other required documents, including the Plan Package, can be found in Appendix A-P. Other documents attached include the following: fee agreement, property survey, legal description, title policy confirming ownership and access, letter of representation allowing Design Workshop to be authorized to act on behalf of 120 East Main Street Partners. 120 E. Main Street is located between South Aspen Street and Garmisch Street, on the north side of Main Street. Immediately adjacent properties include: 100 E Main Street (a mixed-use building that includes medical offices and residential use), the Victorians at Bleeker, CenturyLink (a parking lot and an operations building), and 128 E. Main Street-also known as the Sardy House- (a historic landmarked building that includes a detached carriage house on the north end of the property). See below for the vicinity map. Exhibit C.1 | Application 175 6 Section 2.0 Voluntary AspenModern Landmark Designation The building is located on the AspenModern eligibility map and is a superior example of the Wrightian Style. Support for the landmark designation and historic context is included in this section. 1. Character Defining Associations and Historic Context The historical significance of this property is well documented. According to a 1961 Aspen Times article, Fritz Benedict and Herbert Bayer were selected to design a new Pitkin County Library. Benedict and Bayer were assisted by Ellen Harland, one of Aspen’s earliest female architects. In 1966, the library opened with CBS news anchorman Walter Cronkite participating in the dedication. In 1992, 120 East Main Partners, LLC purchased the property from Pitkin County, making it possible for the County to build a larger facility on North Mill Street. Since the change of ownership occurred, the 1966 red brick Wrightian-style building has retained its original design integrity. Having served in the 10th Mountain Division during World War II, Fritz Benedict was the first trained designer to arrive in Aspen after the war. Born in Medford, Wisconsin, he earned both a bachelor’s and a master’s degree in landscape architecture from the University of Wisconsin in Madison. In 1938, he joined Frank Lloyd Wright’s Taliesin in Spring Green as head gardener. A student of Wright’s philosophy of integrating architecture and landscape, he, along with the other apprentices, migrated between the two Taliesins for the next three years. A prolific architect in his own right, Benedict’s architectural style merged architecture and landscape, a direct reflection of his training as a landscape architect and Wright’s overarching influence. Benedict’s contributions were significant in the Aspen community as an influential citizen and many positive contributions exists today because of his energy, ideas and community spirt. Fritz Benedict was a true Aspen pioneer, architect, philosopher, and community leader. Herbert Bayer, an artistic polymath, was one of Bauhaus’s most influential students, teachers, and adherents, advocating throughout his long career for the integration of all arts. From 1921 to 1923 he attended the Bauhaus in Weimar, studying mural painting with Vasily Kandinsky. He created the Universal alphabet, a typeface consisting of only lowercase letters that would become the signature font of the Bauhaus. Bayer returned to the Bauhaus from 1925 to 1928, working as a teacher of advertising, design, and typography, integrating photographs into graphic compositions. In 1938 Bayer emigrated to the United States, and in 1946, Walter Paepcke invited Bayer and his wife Joella (the sister of Fritz Benedict wife, Fabi) to move to Aspen to begin work on the design of the Aspen Institute campus. Until his departure from Aspen in 1975, Bayer was a prominent visionary and hyper-engaged citizen, leading Aspen’s postwar revitalization and mid-century development.“ An artist or designer functions in society, not as a decorator, but as a vital participant,” he wrote in “Herbert Bayer Visual Communication, Fritz Benedict, photography credit AspenModern, City of Aspen Herbert Bayer, photography credit AspenModern, City of Aspen Exhibit C.1 | Application 176 7 Architecture, Painting.” He helped found the local historical society, advised town government on historic preservation, and chaired the planning and zoning commission for five years. For a presentation on community planning in the 1950s, he highlighted community, housing, transportation, and places of work as key elements for a fully functioning municipality. Seventy years later, the Aspen Area Community Plan (AACP) carries on these same principles. Bayer’s legacy, including his contributions to art, design, and architecture, is now preserved at the Resnick Center for Herbert Bayer Studies, located on the Aspen Institute campus. More than any other building in Aspen, 120 E. Main St. exemplifies the combined design talent of Herbert Bayer and Fritz Benedict. Benedict’s influence is evident in the building’s horizontal profile, its shallow hipped roof lines, rows of windows, overhanging eaves and bands of brick while Bayer’s uniquely graphic eye is reflected in the front door details and the articulated interior light shelf. When it was first built, its distinctly Wrightian style was a radical departure from the Victorian homes (such as the Sardy House) that surrounded it on Main Street. As a civic structure, however, the building was uniquely suited for what was a predominantly residential neighborhood. 120 E Main Interior, Aspen Public Library, at the dedication of the building, photography credit Aspen Historical Society Exhibit C.1 | Application 177 8 In 1992, the ownership transitioned to 120 East Main Street Partners, LLC, a partnership consisting of the founding partners of Design Workshop, Inc. Pitkin County needed a new library, and its construction was contingent on the sale of the property to finance the new construction. Pitkin County’s efforts to sell the building were stymied by the site’s lack of parking to support any re-use of the building. Design Workshop was willing to purchase the building, retrofitting it as an office for the 35 people who had been working at the firm’s original location at 710 E. Durant Street. As the new owners, Design Workshop has made sensitive repairs to the building over its thirty years of occupancy, including the repair and partial reconstruction of the tapered brick wall, visible from Main Street. Portions of the wall were repaired, and the brick materials were matched to the original. On the building’s north side, an organized parking plan was approved by the Planning and Zoning commission and two basement windows there installed for additional light into the workspaces on the north and east facing elevations. Exterior and interior details have remained as they were initially designed and installed. Design Workshop established a planning and landscape architectural practice in Aspen that completed projects in every state and 20 foreign countries from its office at 120 E. Main Street. The intellectual energy and innovative ideas that emanated from the City of Aspen’s community focus on land use, created a platform upon which Design Workshop was able to build. Sharing and expanding thoughtful community planning principles into other locations around the nation and the world became a central focus of the business’s expansion. 120 E Main Exterior, Aspen Public Library, photography credit Aspen Historical Society Exhibit C.1 | Application 178 9 Joe Porter and Don Ensign relocated Design Workshop to Aspen in 1972, and as 1970’s advocate planners, completed the Woody Creek Community Plan and the Pitkin County Airport Master Plan which were both embroiled in public controversy. Design Workshop Staff (2005), photography credit Design Workshop Design Workshop Staff (2022), photography credit Design Workshop Exhibit C.1 | Application 179 10 The first office Design Workshop occupied in Aspen in 1972 was a space shared with Fritz Benedict. Our professional relationship and personal friendship, including many lunches at the Weinerstube Restaurant, make for us, continuation of a legacy, even more compelling. To this day, the building resonates with residents of Aspen, old and new. Occasionally, books appear in the book drop with notes of apology attached for being long overdue. 2. Architectural Design and Setting The library’s design shows the evolution of modern architecture in Aspen with distinctly Wrightian characteristics. The sloping planter wall, visible from Main Street, wide overhanging eaves, and the low- pitched hip roof exemplify Benedict’s desire to integrate buildings into the surrounding landscape. Oversized doors and strong window proportions provide a regularly spaced vertical counter point to the horizontal design format. South-facing windows above the tapered planter wall provide views to Aspen Mountain, Paepcke Park, and Main Street. The building’s exterior is characterized by red brick, with redwood trim at the eave and facia. Inside, redwood is also used to delineate the light shelves. A distinctive material in the overall design, wood is not exposed to the elements which avoids the negative effects of weathering. Other materials include stucco, located below the windows and as a watermark element where the walls join the soffit. The roof Exhibit C.1 | Application 180 11 is built-up membrane with pea gravel and maintains a low angle pitch of 3.5:12. The 6’-6’’ overhang extends around the entire building perimeter, its depth providing summer solar protection on the south- facing window panels. A regular pattern of narrow vertical windows punctuates the brick walls on the east, north, and west building facades. More than any other building in Aspen, 120 E. Main St. exemplifies the combined design ideals of Modernist and Wrightian architecture. Aspen’s evolution as a ski resort destination began only twenty years prior to the construction of the Pitkin County Library; its highly visible presence on Main Street is evidence of the community’s developing stability during that period. With a strong sense of civic purpose wrapped in a forward-thinking design, the library was truly a symbol of community optimism for the future. 3. Historic Integrity Score The Historic Integrity Score is a method to visualize the historic value of a structure prior to designation and to evaluate the benefits the applicant is seeking. The score for 120 E. Main St. is extremely high for the Historic Integrity of the building, which is due in part to the fact that there have been only two owners of the building since its construction. Likely, this building’s integrity score is one of the highest in the city. Exhibit C.1 | Application 181 12 Exhibit C.1 | Application 182 13 4. Requested Benefits of AspenModern Designation The AspenModern designation is a challenging commitment for property owners because it limits future potential changes to a building’s exterior and expansion. Of particular significance for 120 E. Main St. is the amount of floor area that a designation will remove from the property. Currently, the existing building has a floor area of 4,563.6 s.f. The property has a floor area potential of 12,025 s.f., leaving 6,347.1 s.f. of remaining development potential. The Main Street Mixed-Use Zone District allows floor area of 1.25:1 through a Special Review. Many owners would see the benefits of expansion or redevelopment of the building in order to maximize the square footage available. The AspenModern designation provides an alternative solution with the provision of certain benefits to an owner. This is a single-story building, which is a key characteristic of the design. Through the designation process, the owners seek to maintain the integrity of this key feature by proposing development in a detached structure, rather than as an addition to the existing building. In seeking AspenModern designation, the applicant requests these benefits concurrently with designation under Section 26. 415.010: • Approval for modifications to the exterior of the building. Changes include: o the addition of a window on the northeast corner (facing the Sardy House) at grade level to match existing windows and provide light and egress from the basement, o an allowance for rooftop mechanical equipment to enable the building to be used in the future as a restaurant, o re-design of the non-historic north-facing wooden deck, o rehabilitation of the exterior and interior of the building, including the addition of heat tape to minimize ice damning that occurs in the winter and damages the historic decorative fascia and soffit, o an exception to the IBC related to the addition of an elevator to the basement level in order to retain the character of the single-story building, and o the reconstruction of egress on the north side of the building as a fire escape. • Waiver of plan review fees including land use review fees, building permit fees, tree removal mitigation fees, Parks fees, and Air Quality (TDM) impact fees for new development proposed on the property. • Granting of ten (10) Historic transfer of development rights (TDR’s) of 250 s.f. each to be utilized in the City of Aspen on receiving sites. • Approval for two free market residential units not to exceed a total of approximately 1,840.4 s.f. of net livable square feet of new development. • Confirmation that all deed restricted affordable housing requirements have been met related to the existing commercial building, and confirmation that the owner is only obligated to provide mitigation for the free market residential development generating approximately 1.3 FTEs. Approval that mitigation may be a cash in lieu payment. Confirmation that the residential units are approved for GMQS residential allocation and that affordable housing requirements when triggered with a Certificate of Occupancy, can be timed in increments of 10 equal payments following the sale of each TDR. Exhibit C.1 | Application 183 14 • Approval of the planned development with a variance allowing a reduction of two feet of the setback along the northern property line and allowance of multifamily residential use. The roof overhang will be consistent with Section 26.575.020(g) for the eaves in the setback. • Confirmation that all parking requirements are met by the proposed site plan including the number, use, configuration, and dimensions. Parking spaces will be managed by a parking agreement defined through the AspenModern designation and approved by special review. • Approval for a restaurant tenant with the necessary exterior modifications to allow for IBC required ventilation and venting for a commercial kitchen. Approval that the exterior patio space is permitted for outdoor food/beverage service. • Vesting of developments rights for a period of 10 years following issuance of a development order. • A rescission period of six months for AspenModern Designation to allow sufficient time for the owners to confirm that the conditions of approval are acceptable for the property. The approval shall mean the conceptual project approval, building modifications, and the subdivision approval. • Approval by special review of the trash and recycling area sizing and location as shown on the site plan. • Approval of the proposed Subdivision Amendment merging two lots into a single lot of 11,320 s.f. • Approval that Condominium Common Interest, as is permitted by the State Statue, is an acceptable method of ownership for the building and property. The designated and development scenario proposed by this application and benefit requested in exchange for the designation is one unified proposal. It has been carefully and thoughtfully considered for both the community and applicant and defines the long-desired preservation of a Main Street icon with benefit incentives to make this a reality. 5. Residential Use in the Main Street Area The history of land use in town is shown on Sandborn maps, which originally were used as Insurance records, but also document land use. The 1893 Sanborn map shows the old library site and the entire block as residential with alley access to garages or sheds lining the rear of the lots. Looking further, the entire blocks on either side of the 100 E Main block are residential in the same pattern. The primary use all along Main Street was residential. Consequently, the qualities of good residential neighborhoods are deeply rooted in the historic pattern and the advantages of living there now are even more improved. The early neighborhood development pattern with the addition of modern transportation programs such as RFTA, creates a transit-oriented neighborhood context for this project.1 1 The owners of the property granted an easement for the RFTA stop to allow for the recent improvements. Exhibit C.1 | Application 184 15 This 1893 Sanborn map demonstrates the neighborhood structure of residential use. To this day this structure supports the appropriateness of residential use along Main Street and with the addition of transportation, is a transit-oriented neighborhood. Objections to large single family residential buildings in which a single owner dominates the floor area have led to land use code changes. However, there is still predominately residential use that is intrinsic to the area of this specific block and the immediately surrounding city blocks. The proposal defined in this application includes two new free market residential as a benefit of designation. This is a mixed use project, of which only 24% of the potential floor area of the site is residential and no commercial space is lost. The modestly small residential units serve a residential niche that has been missing, is compatible with the historic pattern and adjacent buildings, and results in the preservation of the best example of Aspen’s Modern period. The residential use proposed, and requested as a benefit of preservation, is far different than a primary building of large residential square footage. While there are older buildings that Aspen’s preservation program has saved, it would be difficult to name another resource that is more important to community life and associations than the Old Pitkin County Library. Historically, residential use has been the primary use for the block and all surrounding blocks as demonstrated by these existing buildings to the east and west of 120 E Main. Exhibit C.1 | Application 185 16 Section 3.0 Review Criteria 1. Review Criteria for Historic Designation Section 26.415.030.c outlines the requirements for AspenModern designation. These criteria are described below followed by the applicant’s response: Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstr ated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two (2) of the criteria a-d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is dee med important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential de molition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which sh all be used by the Council and Historic Preservation Commission to apply this criterion. Response to Criteria Locally, it was a significant effort to design and construct the Pitkin County Library. As documented on the AspenModern website and discussed earlier in this application, 120 E. Main St. is an example of the Wrightian / Organic Style. This style was brought to Aspen by Frank Loyd Wright disciple Fritz Benedict and Bauhaus-trained architect Herbert Bayer. Both were instrumental in the development and design of this building, originally built as the Pitkin County Library and dedicated by Walter Cronkite. The Wrightian design is well executed, unified in its approach, and the aesthetic composition is far reaching. The bold execution of the ideas sustains the building’s importance. The building is important for its role in Aspen’s public life as the library, the dedication on the world stage by Walter Cronkite and the influence of key modernist architects Herbert Bayer and Fritz Exhibit C.1 | Application 186 17 Benedict. The team has completed the required Historic Inventory Scoring sheet, and the building scores 19 out of a possible 20 points, making it an exemplary example of Aspen Modern architecture. The site’s prominence on Main Street and across from Paepcke Park is a critical community place and achieves a sense of place that defines brilliantly, the joining of the Main Street district and Aspen’s downtown. The historic value and integrity are remarkably intact since there have only been two owners of the building. Maintenance and repair have been carefully completed. The Old Pitkin County Library is recognized as exceptional for the time it was completed, the leading design philosophy, the community purpose the was so successfully accommodated and the community gathering place it became. 2. Effect of Designation – Special Consideration including the Requested Benefits Section 26.415.060 identifies the effect of designation, including subsection c that identifies special considerations. These contemplate the ability to grant benefits, as outlined in section 26.415.110, as well as grants latitude to City Council to preserve, maintain, and enhance the historic character of the building and city. This allows the applicant to forego the otherwise permitted development and square footage of the property and instead propose a desirable land use proposal that is based on a beneficial program, site plan, and historic preservation of the best example of AspenModern. The Special Consideration standards are listed below, followed by a summary of the proposed benefits for this AspenModern designation: (1) To preserve and maintain the historic and architectural character of designated properties, the HPC or City Council may approve variations from the dimensional requirements set forth in the Land Use Code and may make recommendations to the Chief Building Official who has the authority to grant certain exceptions from the International Building Code (UBC) through the provisions of the International Existing Building Code (IEBC). These modifications may not change the applicable safety and permit requirements and must also follow the procedures provided for modifications set forth in the IEB. (2) Designated historic properties are eligible for and have priority to participate in City programs related to financial, developmental, or technical assistance that will serve to preserve, maintain or enhance their historic and architectural character. (3) All City authorities, including City Council, are authorized to grant economic and developmental benefits to designated historic properties or grant these benefits conditional upon the subsequent designation of the property. Response to the Criteria: The benefits defined in this application have been carefully considered related to the financial feasibility of preservation when compared with an addition or demolition. As allowed under the criteria, the owners are requesting the following specific benefits in exchange for the voluntary designation of the building: • Approval for modifications to the exterior of the building. Changes include: o the addition of a window on the northeast corner (facing the Sardy House) at grade level to match existing windows and provide light and egress from the basement, Exhibit C.1 | Application 187 18 o an allowance for rooftop mechanical equipment to enable the building to be used in the future as a restaurant, o re-design of the non-historic north-facing wooden deck egress, o rehabilitation of the exterior and interior of the building, including the addition of heat tape to minimize ice damning that occurs in the winter and damages the historic decorative fascia and soffit, o an exception to the IBC related to the addition of a limited use elevator to the basement level in order to retain the character of the single-story building, and o the reconstruction of egress on the north side of the building as a fire escape. • Waiver of plan review fees including: all land use review fees, building permit fees, tree removal mitigation fees, Parks fees, and Air Quality (TDM) impact fees for new development proposed on the property. o The city provides a review of historic designation for no fee. The applicant requests confirmation that all associated reviews will also include no fee. o Building permit fees are not known at this time. o Tree Removal mitigation fees are estimated at $24,410.00(3 trees with a total 38”) o TDM/Air Quality Impact Fee is estimated at $1,434.66 (2,351.9 sq ft proposed multiplied by $0.61 per sq ft). o The Parks Impact Fee is estimated at $12,817.85 (2,351.9 sq ft proposed multiplied by $5.45 per sq ft). • Granting of ten (10) Historic transfer of development rights (TDR’s) of 250 s.f. each to be utilized in the City of Aspen on code eligible receiving sites. This would remove 2,500 sq ft of development from the property. • Approval for two free market residential units not to exceed a total of approximately 1,840.4 sq. ft. of net livable square feet (2,481.9 sq ft floor area) of new development. • An agreement to provide required affordable housing mitigation through a cash in lieu payment, tied to the sale of the requested TDRs. o Pursuant to section 26.470.100.f, housing mitigation for new free-market residential units requires housing equal to 30% of the net livable area. This is converted to 1.39 FTEs and a required Cash-in-Lieu payment of $567,623.18. The calculation is as follows: Housing Mitigation Calculation Total New Free-Market Net Livable Area 1,840.4 sq ft 30% mitigation 552.12 sq ft Conversion to FTEs at 1 FTE per 400 sq ft 1.38 FTEs Cash-in-Lieu for Category 2 $408,362 Total Cash-in-Lieu payment due $563,662 Exhibit C.1 | Application 188 19 • Based on the request for ten (10) TDRs, this would result in a cash payment to the city of $56,366.20 when the affordable housing requirements are triggered. Payments are timed in increments of 10 equal payments following the sale of each TDR beginning with the mitigation need for housing. • Approval of the site plan with a variance allowing reduction of two feet on the setback along the northern property line. This would result in a setback of 3 foot along the north property line to ensure adequately sized drive lanes to access the parking area. The roof overhang for the new detached building will be consistent with Section 26.575.020(g) for the eaves in the setback. • Confirmation that all parking requirements are met by the proposed site plan including the number, use, configuration, and dimensions. The proposed parking area includes 6 spaces in a carport, one of which is ADA accessible, and 4 surface spaces. A minimum accessway of 20 feet in width is proposed at the narrowest point. Parking would be managed by a parking agreement. • Approval for a restaurant tenant with the necessary exterior modifications to allow for IBC required ventilation and venting for a commercial kitchen. Additionally, a request for exemption to second tier space requirements should a future tenant convert the building to a restaurant. • Approval that the existing exterior patio space is permitted for outdoor food/beverage service. • Approval of the proposed TIA, which includes the provision of formalized bike parking. A total of 1.6 trips are estimated to be generated, and the proposed mitigation measures are calculated in the city’s tool as mitigating 5 trips. As a building that is located immediately adjacent to the Paepcke Park bus stop, the owners have previously granted a permanent easement to the city and RFTA to utilize the property to improve the bus stop. Given these past commitments, the owners request the provision of the MMLOS strategy of bike parking as the complete commitment and requirement for this code requirement. • Approval by special review of the trash and recycling area sizing and location as shown on the site plan. The proposed trash area includes an enclosure of 96 square feet, and an overall size of 12 feet by 8 feet. • Approval of the proposed Subdivision Amendment merging two lots into a single lot of 11,320 gross square feet. • Approval that Condominium Common Interest, as is permitted by the State Statue, is an acceptable method of ownership for the building and property. • A rescission period of six months for AspenModern Designation to allow sufficient time for the owners to confirm that the conditions of approval are acceptable for the property. The approval shall mean the conceptual project approval, building modifications, and the subdivision approval. • Vesting of developments rights for a period of 10 years following issuance of a development order. Exhibit C.1 | Application 189 20 Proposed modifications to the building exterior that relate to the accommodation of permitted uses in the mixed-use zone district are included as a part of this voluntary designation. These modifications would be completed with Historic Design Review and are shown in the plan package. The benefits defined are a package of specific preservation methods. They are vetted with the historic setting and are a solution that fully benefits the community. 3. Review Criteria for Historic TDRs Criteria for granting historic TDR’s, outlined in section 26.535.070 of the Code, are described below followed by the applicant’s response: (a) The sending site is a historic landmark on which the development of a single-family or duplex residence is permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. (b) It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. (c) It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. (d) The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single- family or duplex residence and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Properties in the MU Zone District which do not currently contain a single-family home or duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on one hundred percent (100%) of the allowable floor area on an equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not permit the on-site development of one hundred percent (100%) of the allowable floor area on an equivalent-sized lot in the R-6 zone district. If the additional twenty percent (20%) of allowable floor area exceeds five hundred (500) square feet, the applicant may not request a floor area bonus from HPC at any time in the future. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. (e) The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. 1) For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be Exhibit C.1 | Application 190 21 amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. (f) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. (g) It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. (h) The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. (i) TDR certificates may be issued at the pace preferred by the property owner. (j) City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide the Council with a recommendation. Discussion of the Criteria: The land use code provides sufficient latitude for granting TDRs in exchange for a Landmark designation. Section 26.415.060.c expressly grants City Council the right to grant any economic and developmental benefit they deem appropriate in exchange for the voluntary designation. The established method of creating TDRs has proved a useful tool in the past and is credited with successfully preserving culturally, historically, and visually significant buildings. Any potential development on the site will render the 120 E. Main St. vulnerable to major modifications and under some circumstances, demolition. As examples, several adjacent sites within the Main Street Historic District (on both sides of Garmisch and Main Street) have been fully demolished and redeveloped. The property warrants preservation via a TDR and other benefits suggested as essential for preservation. As part of the request to designate the building, the owners request that the TDR calculation be based on the allowed floor area in the MU zone district. A total of ten (10) TDRs are proposed in exchange for the designation, totaling 2,500 sq ft of development that would permanently be severed from the site. The calculations for the TDRs are below. First, the total net parcel area (gross minus vacated ROWs) must be determined. For the combined lots this is 9.620 sq ft: Exhibit C.1 | Application 191 22 Gross Parcel Size Vacated Alley Net Parcel Size Lot 1 8,800 sq ft 800 sq ft 8,000 sq ft Lot 2 2,520 sq ft 900 sq ft 1,620 sq ft Combined Lots 11,320 sq ft 1,700 sq ft 9,620 sq ft Next, the total allowed Floor Area must be determined. The MU zone district includes a base allowed FAR of 1:1 and an FAR of up to 1.25:1 through Special Review. Both are shown below, but the owners are using the 1:1 calculation for the TDR request. Ratio Lot Allowance Allowed Floor Area (MU) 1:1 9,620 sq ft Allowed Floor Area with Special Review (MU) 1.25:1 12,025 sq ft Finally, the amount of remaining floor area needs to be determined. This is calculated by subtracting the total of the proposed 10 TDRs, the existing building, the proposed residential building, and the proposed trash enclosure from the allowed FAR in the MU zone. Proposed Development Existing Building 4,563.6 sq ft New Residential Floor Area 2,481.9 sq ft Proposed Trash Enclosure Floor Area 96 sq ft TDRs (10 at 250 sq ft each) 2,500 sq ft Total Unused Development Rights (1:1) 75 sq ft Total Unused Development Rights (1.25:1) 2,383.5 sq ft The granting of TDR’s will not create issues of non-conformity as there is floor area on the property that remains. Additionally, the merger by Subdivision Amendment of Lots 1 and 2 will eliminate the existing legal non-conforming lot and combine the allocation of floor area from both lots. The deed restriction proposed will permanently reduce the floor area converted to TDR’s. The applicant understands the real estate and development deed restrictions occurring with designation and granting of TDR’s. 4. Review Criteria for General Subdivision Review Standards Section 26.480.040. outlines the requirements for general subdivision review standards. These criteria are described below followed by the applicant’s response: Criteria: All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: (a) Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public Exhibit C.1 | Application 192 23 and emergency access. Security/privacy gates across access points and driveways are prohibited. (b) Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. (c) Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. (d) Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Response to the Criteria: The proposal adheres to the criteria set forth in the general subdivision review standards, described in Section 6.0 Major Subdivision Amendment of this Land Use Application. Access to the property is established through an existing access easement from Garmisch Street which satisfies the subdivision access to a public way requirement. The proposed draft plat amendment, described in Appendix I, aligns with the Original Townsite Plat and includes originally platted townsite lots. The proposal will create a lot that is more consistent with the traditional lot pattern of town. The proposed subdivision aligns with the platted lots and will conform to this criterion. The subdivision modification as proposed will remain in a single zoning district and the existing structure will not become non-conforming as proposed. The Old Pitkin County Library structure on Lot 1 will be designated as AspenModern and preserved as a benefit to the community, reflective of the heritage of design and architecture within Aspen. 5. Review Criteria for Major Subdivision Section 26.480.070. outlines the requirements for major subdivisions. These criteria are described below followed by the applicant’s response: Exhibit C.1 | Application 193 24 Criteria: The following subdivisions shall be approved, approved with conditions, or denied by the City Council, after receiving a recommendation from the Planning and Zoning Commission. Major subdivisions are subject to Section 26.480.030—Procedures for Review, the standards and limitations of Section 26.480.040—General Subdivision Review Standards, and the standards and limitations of each type of subdivision, described below. All subdivisions not defined as administrative or minor subdivisions shall be considered major subdivisions. (a) Land Subdivision. The division or aggregation of land for the purpose of creating individual lots or parcels shall be approved, approved with conditions, or denied according to the following standards: (1) The proposed subdivision complies with the requirements of Section 26.480.040—General Subdivision Review Standards. (2) The proposed subdivision enables an efficient pattern of development that optimizes the use of the limited amount of land available for development. (3) The proposed subdivision preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town. (4) The proposed subdivision prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29—Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted with specific design details and timing of implementation addressed through a Development Agreement pursuant to Chapter 26.490—Approval Documents. (5) There has been accurate identification of engineering design and mitigation techniques necessary for development of the proposed subdivision to comply with the applicable requirements of Municipal Code Title 29 - Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined and documented within a Development Agreement. (6) The proposed subdivision shall upgrade public infrastructure and facilities necessary to serve the subdivision. Improvements shall be at the sole cost of the developer. (7) The proposed subdivision is exempt from or has been granted all growth management approvals pursuant to Chapter 26.470—Growth Management Quota System, including compliance with all affordable housing requirements for new and replacement development as applicable. Exhibit C.1 | Application 194 25 (8) The proposed subdivision meets the School Land Dedication requirements of Chapter 26.620 and any land proposed for dedication meets the criteria for land acceptance pursuant to said Chapter. (9) A Subdivision Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval Documents. (10) A Development Agreement shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490—Approval Documents. Response to the Criteria: The proposed development is contingent on the amendment of the US West Subdivision, to merge the property for the 120 E Main Street office building and Lot 2 of the US West/ Design Workshop Subdivision. The project complies with the criteria of Section 26.480.040 General Subdivision Review Standards. The proposed residential development, described in Section 7.0, Proposed Development and Associated Reviews, outlines the ability to develop residential units above a current parking lot while not limiting the existing commercial operations of the 120 E Main Street building. This provides compliance with the criterion of efficient development by re-purposing the space above the parking lot for use. There are no specific hazards on the property, as outlined in more detail in Section 8.0, Development Standards and Stormwater Management, and Appendix J, Engineers Report which includes Hazards and Preliminary Stormwater Management. There are no geological hazards or ecological conditions found on the site that prevent development or mitigation under Title 29. A mature spruce tree is proposed to be removed but would be mitigated, as required by code. Historic and cultural features of the property would be preserved which clearly contribute to the identity of the town. Included is a design plan to retain the standards of the Urban Run-off Management Plan. There is public infrastructure located at the site and there is available capacity for needed services. The developers of the property will, at their own expense, connect to the services and if needed up-grade to provide adequate service. Bike racks are proposed as part of the residential development to support non-vehicular travel in and around Aspen. Additionally, the owners of 120 E Main Street previously granted a permanent easement to the City and RFTA to utilize the property and improve the Paepcke Park bus stop. The Growth Management requirements will be met, with a request for Cash-in-Lieu payment for affordable housing requirements based on the residential development proposed. The project owners are committed to providing Cash-in-Lieu payment for the school dedication requirements generated by the development, as required by code. A draft subdivision plat is provided for review in Appendix I, and the subdivision documentation required under 26.490 will be followed as is appropriate to the final subdivision. 6. Review Criteria for Planned Development A Planned Development is requested for the parcel to provide flexibility for the development of the site to enable a small amount of development on the rear of the site and preserve the existing structure in its entirety. The PD process helps accomplish community goals that otherwise would not be possible Exhibit C.1 | Application 195 26 with the application of zoning district standards. The following addresses the Planned Development Review Standards. Sec. 26.445.050. - Project Review Standards. The Project Review shall focus on the general concept for the development and shall outline any dimensional requirements that vary from those allowed in the underlying zone district. 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. The underlying zone district designation shall be used as a guide, but not an absolute limitation, to the dimensions which may be considered during the development review process. Any dimensional variations allowed shall be specified in the ordinance granting Project Approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following: (a) Compliance with Adopted Regulatory Plans. The proposed development complies with applicable adopted regulatory plans. (b) Development Suitability. The proposed Planned Development prohibits development on land unsuitable for development because of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Affected areas may be accepted as suitable for development if adequate mitigation techniques acceptable to the City Engineer are proposed in compliance with Title 29—Engineering Design Standards. Conceptual plans for mitigation techniques may be accepted for this standard. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. (c) Site Planning. The site plan is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used:(1)The site plan responds to the site's natural characteristics and physical constraints such as steep slopes, vegetation, waterways, and any natural or man-made hazards and allows development to blend in with or enhance said features.(2)The project preserves important geologic features, mature vegetation, and structures or features of the site that have historic, cultural, visual, or ecological importance or contribute to the identity of the town.(3)Buildings are oriented to public streets and are sited to reflect the neighborhood context. Buildings and access ways are arranged to allow effective emergency, maintenance, and service vehicle access. (d) Dimensions. All dimensions, including density, mass, and height shall be established during the Project Review. A development application may request variations to any dimensional requirement of this Title. In meeting this standard, consideration shall be given to the following criteria: (1) There exists a significant community goal to be achieved through such variations. (2) The proposed dimensions represent a character suitable for and indicative of the primary uses of the project. (3) The project is compatible with or enhances the cohesiveness or distinctive identity of the neighborhood and surrounding development patterns, including the scale and massing of nearby historical or cultural resources. (4) The number of off-street parking spaces shall be established based on the probable number of cars to be operated by those using the proposed development and the nature of the proposed uses. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive Exhibit C.1 | Application 196 27 techniques in the proposed development, and the potential for joint use of common parking may be considered when establishing a parking requirement. (5) The Project Review approval, at City Council's discretion, may include specific allowances for dimensional flexibility between Project Review and Detailed Review. Changes shall be subject to the amendment procedures of Section 26.445.110—Amendments. (e) Design Standards. The design of the proposed development is compatible with the context and visual character of the area. In meeting this standard, the following criteria shall be used: (1) The design complies with applicable design standards, including those outlined in Chapter 26.410, Residential Design Standards, Chapter 26.412, Commercial Design Standards, and Chapter 26.415, Historic Preservation. (2) The proposed materials are compatible with those called for in any applicable design standards, as well as those typically seen in the immediate vicinity. Exterior materials are finalized during Detailed Review, but review boards may set forth certain expectations or conditions related to architectural character and exterior materials during Project Review. (f) Pedestrian, bicycle & transit facilities. The development improves pedestrian, bicycle, and transit facilities. These facilities and improvements shall be prioritized over vehicular facilities and improvements. Any vehicular access points, or curb cuts, minimize impacts on existing or proposed pedestrian, bicycle, and transit facilities. The City may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. (g) Engineering Design Standards. There has been accurate identification of engineering design and mitigation techniques necessary for development of the project to comply with the applicable requirements of Municipal Code Title 29—Engineering Design Standards and the City of Aspen Urban Runoff Management Plan (URMP). The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. (h) Public Infrastructure and Facilities. The proposed Planned Development shall upgrade public infrastructure and facilities necessary to serve the project. Improvements shall be at the sole costs of the developer. The City Engineer may require specific designs, mitigation techniques, and implementation timelines be defined as part of the Detailed Review and documented within a Development Agreement. (i) Access and Circulation. The proposed development shall have perpetual unobstructed legal vehicular access to a public way. A proposed Planned Development shall not eliminate or obstruct legal access from a public way to an adjacent property. All streets in a Planned Development retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Response to the Review Criteria There are no regulatory plans that are applicable to this project. The Aspen Area Community Plan identifies key considerations for historic preservation. While not a regulatory plan, the AACP provides important guidance for the city and community. The AACP’s Historic Preservation Policy II.3 states, “II.3. Encourage the use of the City’s Historic Transferable Development Right (TDR) program as a method of preserving the historic integrity of designated structures." The proposal includes the use of TDRs as the main benefit to preserve the historic integrity of 120 E Main. Historic Preservation Policy VI.1 states “Vi.1. All historic landmark properties should be maintained in a manner that improves energy efficiency Exhibit C.1 | Application 197 28 while maintaining architectural integrity.” The proposal includes a request to maintain critical heat tape in order to preserve the character-defining wood soffit detailing throughout the building, while allowing interior updates that would improve energy efficiency. As the plan states on page 55, “Historic preservation is also aligned with our environmental ethic. The preservation and maintenance of historically designated buildings is environmentally responsible. Energy is saved by retaining existing structures and making them more energy efficient rather than demolishing the structure and building anew.” The land use code provides for the flexibility and incentives associated with the preservation of outstanding examples of the historic and cultural resources within the city and specifically for the preservation by private owners. The Planned Development provisions of the Land Use Code seek to allow the flexibility to best complete this goal. The site characteristics are documented in this application (see engineering report in Appendix) and does not include any natural hazards or characteristics that would make it unsuitable for the proposed development. There are no identifiable geological features on the site and is typical of the glacial fluvial outwash that most Aspen is built on. The site plan responds to the developed nature of the neighborhood and site. The “carriage house style development” in the rear of a main building is a historic form that can be seen on the property to the east (the Sardy House). The main building faces Main Street, with vehicular access to the rear off of N Garmisch St through an access easement where there was previously a platted alley. Emergency access, parking access and maintenance use this easement for the service needs of the development. This has provided services for the existing building since its construction in 1965. A shared parking plan is proposed between the site’s users. This will include a total of 10 spaces, which is within the minimum/ maximum number required by the Land Use Code for the existing commercial uses and proposed residential use. One of the spaces is ADA accessible and is located under the new structure, as required by the IBC. Architecture is intended to be high quality design and includes materials and construction features that are encouraged by the Historic Guidelines. Architectural materials proposed are shown on the material board, found in the appendix. These are intended to be compatible with the context and the site-specific conditions. The architecture is a modern building and doesn’t mimic historic styles. Modernism in Aspen is seen in the existing structure and the building is notable for those design principles. The review of the historic guidelines is included in the application and the design satisfies the parameters adopted by Guidelines. The building entry prevents snow and ice build-up at entries with roof covering and recessed doors. The forms of the architecture are un-complicated, direct and acknowledge the features of the setting. The facades of the building provide an interesting pattern without applied decoration. The carport covers more than 60% of the parking spaces, which will not require snow management. The common areas will be maintained with appropriate agreements. The site is very convenient to public transit and incorporates an RFTA station immediately adjacent to the property allowing residents to travel almost to any destination via transit. The addition of bicycle parking to further reduce the dependence on cars is included in the project. Engineering design standards have been followed, with the exception for the back-up aisle for several parking spaces. This has been mitigated with wider parking spaces and a request for an exception to this standard is included in the application. It is important to note that this is the condition today with the current approved parking plan. Public services and infrastructure improvements will be made at the cost of the developer. This site is well served in its current condition, which will continue following designation and the development of the proposed residential use. Exhibit C.1 | Application 198 29 Sec. 26.445.060. - Use Variation Standards. A development application may request variations in the allowed uses permitted in the zone district. The burden shall rest upon an applicant to show the reasonableness of the request and its conformity to the standards and procedures of this Chapter and this Title. The permitted and conditional uses allowed on the property according to its zoning shall be used as a guide, but not an absolute limitation, to the land uses which may be considered during the review. Any use variation allowed shall be specified in the ordinance granting Project Review approval. In the review of a development application for a Project Review, the Planning and Zoning Commission or the Historic Preservation Commission, as applicable, and City Council shall consider the following standards related to Use Variations: (a) The proposed use variation is compatible with the character of existing and planned land uses in the project and surrounding area. In meeting this standard, consideration shall be given to the existence of similar uses in the immediate vicinity, as well as how the proposed uses may enhance the project or immediate vicinity. (b) The proposed use variation is effectively incorporated into the project's overall mix of uses. In meeting this standard, consideration shall be given to how the proposed uses within a project will interact and support one another. (c) The location, size, design, and operating characteristics of the proposed use variation minimizes adverse effects on the neighborhood and surrounding properties. (d) The proposed use variation complies with applicable adopted regulatory plans. Response to the Review Standards The requested use variation is to allow multi-family residential use in the mixed-use district site in order to create an AspenModern designation on the property. Residential use is found on many sites adjacent to this property and throughout the Main Street Historic District. The characteristics of the property are described in Section 7.0 related to the residential attributes at this location. The variation for use is in the spirit of functional mixed use, with small residential units proposed for a portion of the parcel development. The proposed inclusion of the rear lot in the Main Street Historic district will bring a high level of design control to the development that currently doesn’t exist today since this parcel is not within the Historic District. The surrounding uses all have residential use, either as a stand-alone use or in a mixed-use building. The Historic integrity of the main building will be intact since the site identified for residential development is not part of the original Pitkin County Public Library. Proposed changes to the historic structure only include minor exterior adaptation and rehabilitation to meet current IBC requirements and to support continued functionality as a commercial use. The addition of residential units on the separate rear parcel, immediately adjacent to parcels with existing residential uses is appropriate for the neighborhood and will not negatively impact the historic integrity of the current building. Residential use is the predominate existing use in the neighborhood and neighborhood compatibility is substantially satisfied with the proposal. The variation of the use will decrease the intensive commercial use permitted to a less intensive residential use, diminishing the neighborhood impact, particularly from the spillover of parking into the neighborhood. The mix of uses is a balance of commercial and residential, in which the residential fills a niche of modest sized residential units that currently do not exist in the city. The planning and design ideas for the project are in alignment to the program and structures which created the neighborhood. Exhibit C.1 | Application 199 30 Section 4.0 Verification of Existing Floor Area and Net Leasable Area 1. Existing Floor Area The existing floor area of the existing building is calculated as 4,563.6 s.f. based on the above and below grade measurements and other measurements including the mechanical space and stairs, as outlined in Section 26.575.060(d). This was completed utilizing digital scans of the building, individual measurements for specific dimensions, and existing architectural plans. The exposed sub-grade space in the building is included in the calculation of floor area. Stairs are counted on the lowest level and mechanical room space is not included in the floor area, but the vertical chases are. The gross square footage is 8,070.8 square feet as measured per the methods outlined in Section 26.575.020. The plan of floor area is included in Appendix I. 2. Measurement of Existing Net Leasable The net leasable square footage is 6,428.20 s.f. based on the measurement method outlined in Section 26.575.020(h). Net leasable s.f. is used to calculate the parking requirements. Documentation of the existing floor area is found in Appendix I. Section 5.0 Historic Design Review 1. Modifications and Historic Rehabilitation The requested modifications to the building are described below. 1. Adding an additional near grade window to match the existing condition on the east side will improve the amount of natural light throughout the lower level. The existing grade accommodates the installation of the window. 2. The addition of roof-top mechanical equipment on the northwest portion of the roof (away from Main Street) is proposed for a restaurant tenant. This equipment is screened by a wood screen which conceals the mechanical equipment. The approximate size is 11.5 feet by 5 feet. The height of the mechanical equipment is determined by the mechanical code and is 4 feet above the roof. This improvement would allow adaptive re-use for a new tenant. 3. The wooden deck, located on the building’s north side adjacent to an exit door, would be re- constructed as a metal ladder located at the eastern side of the landing. The deck and wooden stairs that currently exist were a more recent addition to the building and their removal is part of the rehabilitation and may require relief from the IBC. 4. The northern soffit was damaged by a delivery truck and the replacement of the redwood soffit boards and facia to match existing material finish would be included in the rehabilitation. Exhibit C.1 | Application 200 31 5. The roof design incorporated interior drains pitched back from the edge of the eave. These need to be repaired and a heat tape solution added to prevent icing and icicle build-up. This design was unique but unfortunately, ice damming requires heat tape and an exemption from the energy code is requested to allow this historic design to function. 6. The original drywells located around the structure will remain as part of the surface water management design with the additional relocation of the existing dry well at the northern part of the site and a second drywell installation. 7. The landscape patio will be adjusted to accommodate storm water infiltration as part of the drainage plan. 8. Interior access to existing commercial space is being requested as an exemption from the IBC, as an elevator addition will negatively impact the roof form and will require a more significant remodel than is contemplated. 2. Specific Design Review for Rehabilitation Historic Preservation Guidelines apply to the existing building and the newly proposed development as the entire parcel would be designated. The Guidelines include design review criteria that are to be used to determine whether the application is appropriate. Chapter 1: Site Planning & Landscape Design 1. All projects shall respect the historic development pattern or context of the block, neighborhood or district. The proposed development is organized on the block and grid pattern of Main Street. As a highly visible central corridor, Main Street is home to residential, retail, restaurant, office, and civic land uses. Some historic buildings along Main Street, such as 128 East Main, maintain carriage houses or other small buildings along the alleys, located at the back of the properties. 2. Preserve the system and character of historic streets, alleys, and ditches. The original alley for the block was vacated in 1961 in favor of an easement accessed from Garmisch Street. No ditches exist within this block. No adjustment to the existing character of the streets or alleys would occur. 3. Remove driveways or parking areas accessed directly from the street if they were not part of the original development of the site. Access from Garmisch Street will remain as it was the original access. 4. Design a new driveway or improve an existing driveway in a manner that minimizes its visual impact. The visual impact of the parking area will be diminished due to the reduction in the number of parking spaces and the covered portions of the parking program. 5. Maintain the historic hierarchy of spaces. The original building on the property establishes the historic qualities of the project, and the proposed development in the rear, which was originally on a separate lot, is designed in a way to not interrupt the sequence of space on the site. The detachment of the buildings completely separates the historic from the newly proposed uses. Exhibit C.1 | Application 201 32 6. Provide a simple walkway running perpendicular from the street to the front entry on residential projects. The walkway from Main Street to the entry will include the path to the courtyard to the west side of the existing building. The entry to the proposed residential development will be a new sidewalk along the west side of the existing building. 7. Provide positive open space within a project site. The open space on the project is contained within the courtyard to the west and the mature trees that exist on the site. In addition, the open space provided by decks for each new unit will be south facing with views to the west and east, respectively. 8. Consider stormwater quality needs early in the design process. The stormwater narrative is included. A few improvements are needed including minor grading to direct water into drywells. 9. Landscape development on AspenModern landmarks shall be addressed on a case by case basis. The landscape areas on the site will remain intact with additional replacement planting. 10. Built-in furnishings, such as water features, fire pits, grills, and hot tubs, that could interfere with or block views of historic structures are inappropriate. No features will block the view of the historic building. 11. Preserve and maintain historically significant landscaping on site, particularly landmark trees and shrubs. Several large spruce trees exist on the property. The tree adjacent to the front door will remain unless it is found to be diseased. A second tree, located in the parking lot, will be removed with new development. The cluster of aspens along the front walkway will be thinned as necessary, and those with canker will be removed in accordance with an arborist review. 12. Provide an appropriate context for historic structures. The context for historic structures is the adjacent buildings which have been respected with modifications and new development. The urban pattern of the Main Street Historic District has improved since Lot 2(northern most lot) was previously not included in the Historic District and now would be with designation. 13. Additions of plant material to the landscape that could interfere with or block views of historic structures are inappropriate. No additional planting is proposed on the front side of the building facing Main Street. Aspen trees, located along the walkway, will be thinned as appropriate as they mature or are found to be diseased. 14. Minimize the visual impacts of landscape lighting. Exterior lighting within the existing building’s soffit are recessed cans. A vertical bollard light exists in the courtyard. These will remain and no additional lighting is proposed except on the new building, which will be porch lighting and if the patio space is used for food and beverage, will meet the lighting standards of the city. 15. Preserve original fences. Exhibit C.1 | Application 202 33 There are no fences on the property. The fence along the property’s east side is located on the adjacent property. 16. When possible, replicate a missing historic fence based on photographic evidence. There was no fence on the property. 17. No fence in the front yard is often the most appropriate solution. There was never any evidence of a fence in the front yard, and none is proposed. 18. When building an entirely new fence, use materials that are appropriate to the building type and style. Not applicable. 19. A new fence should have a transparent quality, allowing views into the yard from the street. Not applicable. 20. Any fence taller than 42” should be designed so that it avoids blocking public views of important features of a designated building. Not applicable. 21. Preserve original retaining walls. The only feature that might be considered a wall is the front planter wall which will not be changed. 22. When a new retaining wall is necessary, its height and visibility should be minimized. Not applicable. 23. Re-grading the site in a manner that changes historic grade is generally not allowed and will be reviewed on a case-by-case basis. Only small, isolated grading is proposed. 24. Preserve historically significant landscapes with few or no alterations. The large flagstone patio will remain as is. Its layout was modified in 1993 to facilitate circulation, but the same material was re-installed. 25. New development on these sites should respect the historic design of the landscape and its built features. The new development is in a parking lot that was never considered a landscaped area. The existing building footprint will not be expanded. 26. Preserve the historic circulation system. The walkways and the driveway access remain the same as the historic use and design. 27. Preserve and maintain significant landscaping on site. The large spruce tree at the entry will be preserved. The front area includes a manicured grass area which will not be altered. Chapter 2: Building Materials Exhibit C.1 | Application 203 34 1. Preserve original building materials. The original materials on the building will be retained. Several small areas of the building will be rehabilitated to match the construction and materials. 2. The finish of materials should be as it would have existed historically. No change in the finish of existing materials is proposed. 3. Match the original material in composition, scale and finish when replacing materials on primary surfaces. Where rehabilitation is to occur, best efforts will be made to match the material finishes. 4. Do not use synthetic materials as replacements for original building materials. Not applicable. 5. Covering original building materials with new materials is inappropriate. Not applicable. 6. Remove layers that cover the original material. Not applicable. Chapter 3: Windows 1. Preserve the functional and decorative features of a historic window. Existing windows will remain. One new window is proposed to allow light into the lower level on the eastern side. This window will be near grade and match existing windows installed in 1996. 2. Preserve the position, number, and arrangement of historic windows in a building wall. The windows will not change. One additional light well window on the eastern side is proposed. 3. Match a replacement window to the original in its design. The proposed additional window will match existing windows. 4. When replacing an original window, use materials that are the same as the original. This window will match the existing windows. 5. Preserve the size and proportion of a historic window opening. No existing windows are proposed for modification. 6. Match, as closely as possible, the profile of the sash and its components to that of the original window. The new window will match the existing adjacent window. 7. Adding new openings on a historic structure is generally not allowed. The window proposed is near below and would be the companion to the existing adjacent window. 8. Use a storm window to enhance energy conservation rather than replace a historic window. Not applicable. Exhibit C.1 | Application 204 35 Chapter 4: Doors 1. Preserve historically significant doors. No change to the doors is proposed. 2. Maintain the original size of a door and its opening. No change to the size of the door or opening is proposed. 3. When a historic door or screen door is damaged, repair it and maintain its general historic appearance. Not applicable. 4. When replacing a door or screen door, use a design that has an appearance similar to the original door or a door associated with the style of the building. Not applicable. 5. Adding new doors on a historic building is generally not allowed. No new doors are proposed for the structure. 6. If energy conservation and heat loss are concerns, use a storm door instead of replacing a historic entry door. Not applicable. 7. Preserve historic hardware. No change to hardware is proposed. Chapter 5: Porches & Balconies 1. Preserve an original porch or balcony. The rear deck and stairs were not included in the original design of the building and are proposed for removal. They will be replaced by a much smaller and less intrusive stair with 7.75” risers and 10” treads. The deck portion will remain as it covers the basement stairway. 2. Avoid removing or covering historic materials and details. The exterior covering of the building is not proposed to be changed. The rear deck was not original. 3. Enclosing a porch or balcony is not appropriate. Not applicable. 4. If reconstruction is necessary, match the original in form, character, and detail. The re-construction of several damaged portions is included in the rehabilitation portion of the application. These will match the existing materials and finish. 5. If new steps are to be added, construct them out of the same primary materials used on the original, and design them to be in scale with the porch or balcony. Exhibit C.1 | Application 205 36 The wooden stairs at the rear exit will be re-built. This is not an original part of the building and will be converted from wood to a metal stair to minimize the size and visual appearance of the stair. 6. Avoid adding handrails or guardrails where they did not exist historically, particularly where visible from the street. The wooden handrail at the rear steps will be replaced with a metal rail associated with the ladder steps. This is not visible from the street. Chapter 6: Architectural Details 1. Preserve significant architectural features. The building exterior will be retained except for the features identified in the plan set, in Appendix I. These features include rehabilitation, repair, and modification for at grade windows, the rear wooden deck, and the roof top mechanical screen. 2. When disassembly of a historic element is necessary for its restoration, use methods that minimize damage to the original material. The areas to be repaired will use the same material to complete the rehabilitation. 3. Remove only the portion of the detail that is deteriorated and must be replaced. Minor repair is proposed for the soffit detail. 4. Repair or replacement of missing or deteriorated features are required to be based on original designs. The original design intent will be honored in any replacement. 5. Do not guess at “historic” designs for replacement parts. The integrity of the building is intact; therefore, no guessing is required. The replacement of any elements will be consistent with the original design. Chapter 7: Roofs 1. Preserve the original form of a roof. Not applicable. 2. Preserve the original eave depth. Not applicable. 3. Minimize the visual impacts of skylights and other rooftop devices. Mechanical equipment is proposed for the back portion of the roof. This will be screened and will be located on the northeast slope of the roof, away from Main Street. 4. New vents should be minimized, carefully, placed and painted a dark color. The equipment on the roof will be painted a dark color and will be enclosed in a wooden visual screen. Exhibit C.1 | Application 206 37 5. Preserve original chimneys, even if they are made non-functional. Not applicable. 6. A new dormer should remain subordinate to the historic roof in scale and character. Not applicable. 7. Preserve original roof materials. Not applicable and no change is proposed. 7. New or replacement roof materials should convey a scale, color and texture similar to the original. A new roof will be needed at some time in the future and when replaced, it will match the existing roof. 8. Avoid using conjectural features on a roof. Not applicable. 9. Design gutters so that their visibility on the structure is minimized to the extent possible The gutter system is designed to be internal to the eave. The original rainwater conveyance will be retained, but due to the icing of this system, heat tape will need to be included in the rehabilitation of the building. Exception to the energy code is requested for heat tape. Chapter 8: Secondary Structures 1. If an existing secondary structure is historically significant, then it must be preserved. Not Applicable as there is no secondary structure. 2. Preserve a historic secondary building as a detached structure. Not applicable. 3. Do not add detailing or features to a secondary structure that are conjectural and not in keeping with its original character as a utilitarian structure. Not applicable 4. When adding on to a secondary structure, distinguish the addition as new construction and minimize removal of historic fabric. Not applicable. 5. Preserve the original building materials, or match in kind when necessary. Not applicable. 6. Preserve original door and window openings and minimize new openings. Not applicable. 7. If a new garage door is added, it must be compatible with the character of the historic structure. Not applicable. 8. Adaptation of an obsolete secondary structure to a functional use is encouraged. Exhibit C.1 | Application 207 38 Not applicable. Chapter 9: Excavation, Building Relocation, & Foundations 1. Developing a basement by underpinning and excavating while the historic structure remains in place may help to preserve the historic fabric. Not applicable since not proposed. 2. Proposals to relocate a building will be considered on a case-by-case basis. Not applicable. 3. Site a relocated structure in a position similar to its historic orientation. Not applicable. 4. Position a relocated structure at its historic elevation above grade. Not applicable. 5. A new foundation shall appear similar in design and materials to the historic foundation. Not applicable. 6. Minimize the visual impact of lightwells. The proposed light well will be on the least visible corner of the building and will be below grade. The light well will be treated as a natural grade to the additional window. 7. All relocations of designated structures shall be performed by contractors who specialize in moving historic buildings or can document adequate experience in successfully relocating such buildings. Not applicable. 8. Proposals to relocate a building to a new site are highly discouraged. Not applicable. Chapter 10: Building Additions 1. Preserve an older addition that has achieved historic significance in its own right. Not applicable since there is no addition proposed. 2. A more recent addition that is not historically significant may be removed. Not applicable. 3. Design a new addition such that one’s ability to interpret the historic character of the primary building is maintained. Not applicable. 4. The historic resource is to be the focus of the property, the entry point, and the predominant structure as viewed from the street. Not applicable. Exhibit C.1 | Application 208 39 5. On a corner lot, no portion of an addition to a one story historic resource may be more than one story tall, directly behind that resource, unless completely detached above grade by a distance of at least 10 feet. Not applicable. 6. Design a new addition to be recognized as a product of its own time. Not applicable. 7. When planning an addition to a building in a historic district, preserve historic alignments on the street. Not applicable. 8. Design an addition to be compatible in size and scale with the main building. Not applicable. 9. If the addition is taller than a historic building, set it back from significant façades and use a “connector” to link it to the historic building. Not applicable. The proposed new building is separate from the historic building. 10. Place an addition at the rear of a primary building or set it back substantially from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. Not applicable. The proposed new building is separate from the historic building. 11. Roof forms shall be compatible with the historic building. Not applicable. 12. Design an addition to a historic structure that does not destroy or obscure historically important architectural features. Not applicable. 13. When constructing a rooftop addition, keep the mass and scale subordinate to that of the historic building. Not applicable. 14. Set a rooftop addition back from the street facing façades to preserve the original profile of the historic resource. Not applicable. 15. The roof form of a rooftop addition must be in character with the historic building. Not applicable. End of the Historic guidelines for the existing building. Exhibit C.1 | Application 209 40 Section 6.0 Major Subdivision Amendment 1. Proposed Amendment In 1993, the U.S. West Subdivision was created and included two lots. Lot 1 is the operations building and parking lot serving U.S. West. Lot 2 (2,520 s.f.) of the US West Subdivision is now owned by 120 E Main Street Partners, LLC and is used for parking. Because it is smaller than the minimum 3,000 s.f. lot size, it is a legal non-conforming lot. The existing Library Lot (8,800 s.f.) is made up of original Townsite lots M( eastern 20 feet), Lots N and O, and including ½ of the vacated alley. The proposal is to merge lot 2 and Library lot into a single lot by amending the existing subdivision. Upon completion, the new lot size will be 11,320 gross square feet. A draft Plat Amendment is included in Appendix I. Lot 1 is in the mixed-use zone while Lot 2 appears on the City’s official zoning map as being in R-6 zone. In the past, the property has been zoned as R-6, Public, Office, and Mixed Use. Zoning has been ambiguous because of the current mapping of the Mixed-Use zone boundary. Lot 2 has never been in the Main Street Historic District, but Lot 1 has been since the adoption of the 1976 ordnance. 2. Access to the Property Access to the property occurs via an access easement coming from Garmisch Street to the west property line. This was granted via quit claim deed by Pitkin County to 120 E Main Street Partners, LLC in 1996. This will continue to be used to access the property. Currently it is shared by two other properties and that condition is expected to remain. 3. Net Lot Area Calculation After Subdivision Amendment and Lot Merger The rear 10 feet area of Lot 1 and a 10-foot-wide strip of Lot 2 were part of the alley that was vacated in 1961 though the block. These are removed for the purpose of completing the Net Lot Area calculation. The calculation is as follows: 11,320 s.f. of gross lot area less vacated alley of 800 s.f. (from lot 1) less 900 s.f. (from Lot 2) = 9,620 s.f. of Net Lot Area. Exhibit C.1 | Application 210 41 Section 7.0 Proposed Development and Associated Reviews 1. Proposed Residential Development The proposed residential program includes one 2- bedroom residential unit and one 1-bedroom unit on the property. One parking space per unit is provided for each residence in a carport configuration. The proposed building would include parking at a grade level, with the residential units located above. The design is almost identical to the adjacent 3-story carriage house, located to the east at 128 East Main (Sardy House). To the northwest, the Victorians at Bleeker, offers the same three- story configuration, with parking below and access from the access easement. Immediately to the west is 100 E Main St with a two-story mix of residential and medical offices. To the north is the operations building for Quest Communications with its parking area. Each unit would have a separate entry and deck space. The units are modestly sized and fulfill the objective of incorporating housing diversity in the neighborhood. As a detached building, they do not impact the historic values of the primary building. Main Street and the specific lots proposed for development have been in residential use for many decades, (see above photo of Main Street). Prior to the Library’s construction, residential buildings existed on the properties that eventually became the site of the old library. The City of Aspen has valued the creation of balanced neighborhoods and a sense of commonality between residents. The proposed residential development is consistent with this idea. At one point, as illustrated on the Sanborn maps, Main Street was a completely residential neighborhood, including the site upon which the Pitkin County Library was built. Even though some residential use has been converted to commercial use along Main Street, residential continues to front Main Street and also exist behind principal buildings on the street. Main Street has always contained residential as a primary use beginning in the earliest days of Aspen. Photography Credit Aspen Historical Society Exhibit C.1 | Application 211 42 View of the preserved Old Pitkin County Library with the proposed residential building on the north side. Both lots were be merged and historic district boundary extended to the north to include all proposed development. The property sits adjacent to a highly used RFTA transit stop, downtown, childcare facilities, grocery stores, shops, parks, and the post office are within walking distance of the property. Future residents can expect to walk or take public transportation to almost any destination. A setback variance of 2-feet is requested on the north side of the property. This is a variance from the 5- foot rear yard setback. It is worth noting that six modular residential units, designed by Herbert Bayer, existed on the U.S. West parcel. They were later moved to the Boomerang Lodge to make up one of its three wings.2 The proposed development is a contemporary design, completely detached and located to the rear of the existing structure. It will feature metal standing seam roofing, various siding types and generous south facing windows. Materials are intentionally differentiated from existing and adjacent buildings. Materials are noted on the Plan Set, Appendix I. Architectural forms are consistent with the existing neighborhood. A single gable roof and unpretentious exterior fit the design guidelines. Exterior details include stained wood, painted composite siding, soffits with wood finish (as seen on the existing building), and thin frame windows. Covered stairways and porches add protection from wind, snow, and ice. Decks are proposed at either end of the building and have southern exposure. The decks are very suitable spaces for outdoor living. Entries to the units also include the mechanical equipment space at the ground level for each unit. A trash enclosure is located on the east side, servicing the existing building and the residential units. The calculation of the proposed net livable floor area is: 2 This account is from a conversation with Fonda Patterson, former owner of the Boomerang Lodge. (October 2023) Exhibit C.1 | Application 212 43 Proposed Net Livable Floor Area Calculation Unit 1 1,114.9 s.f. of floor area Unit 2 725.5 s.f. of floor area Total Net Livable Floor Area 1,840.4 s.f. of floor area The residential units span parking that accommodates residential and commercial use. The roof is a simple gable form with modern materials and entrances which face Main Street. 2. Review of Historic Preservation Guidelines for New Buildings on Landmark Properties Chapter 11: New Buildings on Landmarked Properties 11.1 Orient the new building to the street. The detached new development is oriented to the street and remains consistent with the orientation of the original alley, Main Street, and Bleeker Street from the original Townsite Plan. The street orientation is via a courtyard that forms around the entry of the building, facing the street. 11.2 In a residential context, clearly define the primary entrance to a new building by using a front porch. Exhibit C.1 | Application 213 44 Entry to Unit 1 includes the street facing door under the building overhang. The entry is visible from Main Street. The front porch of Unit 2 is located at the top of the entry stairs but due to mature trees, is not visible from Main Street. 11.3 Construct a new building to appear similar in scale and proportion with the historic buildings on a parcel. The new development is proposed on lot 2 that is currently not designated as Landmark and not located within the Main Street Historic District. The idea is derived from adjacent historic carriage house forms found in the neighborhood. The building in the rear is one-third the size of the existing building. The proportion of the existing building is Wrightian style, characterized by horizontal lines with cantilevered broad eaves and a shallow pitched roof. In deference to the historic nature of the existing building, the proposed building is purposely different in character as a reflection of the time in which it will be constructed. However, the proportions and scale are similar: the building’s height, sloped roof, multiple vertical windows, and orientation to the south are derived from the existing building. 11.4 Design a front elevation to be similar in scale to the historic building. The front elevation maintains a similar height and mass apart from a carport located on the ground level. The addition of a carport is advantageous because it provides covered, and partially hidden parking, and re-uses of space that does not contribute to the vitality of the neighborhood. 11.5 The intent of the historic landmark lot split is to remove most of the development potential from the historic resource and place it in the new structure(s). A historic lot split is not proposed. 11.6 Design a new structure to be recognized as a product of its time. In deference to the historic nature of the existing building, the proposed building is purposely different in character as a reflection of the current time. The new building will be of simple design and constructed of durable materials. 11.7 The imitation of older historic styles is discouraged. In deference to the historic nature of the existing building, the proposed building is purposely different in character. The proposed building pays homage to the existing building as the architectural ‘gem’ on Main Street. As such, it is meant to be less visible and a more neutral style. Chapter 12: Accessibility, Architectural Lighting, Mechanical Equipment, Service Areas, & Signage 12.1 Address accessibility compliance requirements while preserving character defining features of historic buildings and districts. Several accessibility variances have been requested in rehabilitation of the existing building. Existing multi-level are a challenge to provide access to second tier tenant spaces. On the Exhibit C.1 | Application 214 45 walkway, leveling of the existing stone walkway will occur. The new development will comply with applicable codes. 12.2 Original light fixtures must be maintained. When there is evidence as to the appearance of original fixtures that are no longer present, a replication is appropriate. There are no changes to the original lighting design or fixtures. Replication of the lighting is not required. As a potential outdoor gathering/eating area, the courtyard would require additional lighting consisting of low-level site fixtures. 12.3 Exterior light fixtures should be simple in character. Any new patio lighting would be consistent in design and unobtrusive to the patio space. On the newly proposed residential building, there would be porch lighting and wall-mounted down- lighting fixtures for deck areas. In the carports, ceiling mounted fixtures would allow for minimal illumination. 12.4 Minimize the visual impacts of utilitarian areas, such as mechanical equipment and trash storage. The proposed trash enclosure is at the rear and is serviced from the access easement. An enclosure will match the existing adjacent fence design. Mechanical equipment will be located on the roof. The best location for the two 4’x4’ exhaust units is on top of the northeast facing roof, a location that is not visible from Main Street. A visual screen to hide the equipment is proposed. The equipment will be painted a dark grey color. See Appendix I. 2.4 Awnings must be functional. No awnings are proposed. 2.5 Signs should not obscure or damage historic building fabric. A small sign exists on the building that would remain. A free-standing commercial sign to identify tenants is proposed on the Main Street portion of the patio area. The lettering and logo will not exceed 12” and 18” respectively. The signage standards will be followed for the sign as noted above. See 12.6, 12.7 and 12.8 below. 2.6 Sign lighting must be subtle and concealed. Lighting proposed for the free-standing sign will be concealed, will not produce glare, and will not exceed 0.3 footcandles of brightness on the sign per 26.510.070. 12.7 Locate signs to be subordinate to the building design. A building identification sign is proposed in the landscape. The new sign would not exceed 6 s.f. of surface area and would not be more than 6 feet in height per signage section 26.510.060. The sign material would be wood, glass, metal, or stone. 12.8 Preserve historic signs. The sign, which consists of 6” metal mounted letters, will remain on the front of the building. Exhibit C.1 | Application 215 46 3. Special Review of the Parking Plan The parking plan for the building was approved in 1993 and included 14 spaces plus a cash-in-lieu payment. The existing approved parking plan (P and Z approval 1993) acknowledges that the dimensional standards of several spaces do not meet the standards, but the plan was workable for the use. Parking on site prevented cars from spilling over into the adjacent residential neighborhood and the plan has functioned reasonably well for the past thirty years. Accommodating parking on site to reduce the parking in surrounding neighborhoods remains true today. A total of ten parking spaces are proposed on the property. Two of the spaces are for residential units and the remaining eight spaces serve the existing commercial use, one of which is an ADA space. Two of the spaces for commercial use are tandem. The calculation of parking need is as follows: Parking Requirements Minimum Maximum Commercial 1 space per 1,000 sq ft of net leasable space 1.25 space per 1,000 sq ft of net leasable space Free-Market Residential 1 space per unit 1.25 space per unit Proposed Parking Minimum Maximum 6,428.20 sq ft commercial net leasable 6.4 spaces 8.0 spaces 2 residential units 2 spaces 2.5 Spaces Total Required 8.4 spaces 10.5 spaces Total Proposed 10 spaces This portion of the application requests Special Review of the parking configuration as proposed on the site plan with the total of ten parking spaces, of which two are tandem spaces. Two of the proposed parking spaces do not meet a 24-foot-wide two-way driving aisle. Due to the existence of lower-level stairs, a total of twenty feet is available to accommodate these two parking stalls. Since this isn’t a flow though parking aisle, the need for the standard backup space is not pressing as cars can maneuver at a slower pace than in standard parking lots. The standards require 8.5-foot X 18-foot space with a 24-foot backup aisle (Engineering standards Title 29, Section 4.4.1.). Spaces that meet this standard are proposed along with a 20-24’ back up aisle. Retaining these existing spaces is essential for the owner’s willingness to designate the property. 4. Growth Management and Mitigation for Proposed Development The net livable area of the proposed free market units is 1,840.4 sf. Pursuant to section 26.470.100.f, the housing mitigation required would be1.38 FTEs, and a required Cash-in-Lieu payment of $563,662. The calculation is as follows: Exhibit C.1 | Application 216 47 Housing Mitigation Calculation Total New Free-Market Net Livable Area 1,840.4 sq ft 30% mitigation 552.12 sq ft Conversion to FTEs at 1 FTE per 400 sq ft 1.38 FTEs Cash-in-Lieu for Category 2 $408,362 Total Cash-in-Lieu payment due $563,662 The owners propose the Cash-in-Lieu payment be made based on the sale of the ten TDRs. This would result in a cash payment to the city of $56,366 beginning when the housing is triggered by the construction of the residential units, and tied to the TDRs when they are sold over time. The payments will be installments linked to the pace of the TDRs sales. 5. Proposed Floor Area Calculation As proposed, the following new floor area calculation would apply: Proposed Development Existing Building 4,563.6 sq ft New Residential Floor Area 2,481.9 sq ft Proposed Trash Enclosure Floor Area 96 sq ft TDRs (10 at 250 sq ft each) 2,500 sq ft Total Unused Development Rights (1:1) 75 sq ft Total Unused Development Rights (1.25:1) 2,383.5 sq ft Section 8.0 Development Standards and Stormwater Management 1. Utilities The public utilities corridor in the former alley (now access easement/driveway) contains underground electrical, communications services. The utilities generally route to the transformer that is in the easement, which then serves the surrounding properties. In 2022, the transformer was upgraded to a larger size. Service lines to the Victorians at Blecker are located at the northern property boundary edge. They are not in an easement and will need to be relocated for the proposed residential use. The electrical service line to the 120 E. Main building is routed though the proposed development site and will also be relocated. 2. Stormwater Management Storm water management calculations and plan are in Appendix J. The only new impervious coverage proposed is located at the eastern edge of the proposed building since the site was paved for parking. The main method to manage drainage is to direct water into drywells. The area of disturbance is approximately 2,200 s.f. of surface area, which is less than 25% of the property. 3. Trash and Recycling A wooden fence will enclose a trash and recycling area that is accessible from Garmisch Street. This will require a special review since there is no alley for the property. The enclosure will hold two 3-cubic-yard Exhibit C.1 | Application 217 48 dumpsters which will be rolled into the parking aisle and recycling bins. These bins will serve both the existing building and the proposed new development. 4. Landscape and Patio Space The patio will remain as is but may be used for outdoor dining with a restaurant tenant. The sidewalk leading to the front door will remain, constructed with the original sandstone slabs. One tree spruce tree will be removed for the residential development and 2 others for tree health. Other trees on the parcel may also need to be removed for insect control. A mitigation fee waiver is requested as a benefit. 5. Transportation Impact Analysis The city requires transportation impacts be mitigated through the Transportation Impact Analysis process. The completed TIA is in the Appendix and the scoring for reduction of trips is calculated. To mitigate these trips, new bike racks are proposed as an MMLOS measure. Given the uses on the lot, no TDM measures are proposed at this time. A total of 1.6 trips are estimated to be generated by the new residential units, and the proposed mitigation measures are calculated in the city’s tool as mitigating 5 trips. As a building that is located immediately adjacent to the Paepcke Park bus stop, the owners have previously granted a permanent easement to the city and RFTA to utilize the property to improve the bus stop. Given these past commitments, the owners request the provision of the MMLOS strategy of bike parking as the complete commitment and requirement for this code requirement. See Appendix M. 6. Engineering Review of Hazards Roaring Fork Engineering completed an assessment of the site for hazards as required by the Code. In summary, there was no evidence of flooding, unstable or steep slopes, faults, avalanches, or other hazards. The assessment narrative is included in Appendix J. 7. School Dedication Under section 26.620.060, there is a school dedication calculated by the number of students that are generated by the development. The applicant has calculated the school land dedication which is: 1,200 s.f. of floor area x .000064 =.0768 students 1,281.9 s.f. of floor area x.000404 =0.518 students Total …. 0.5948 students generated by development .5948 students x standard of land of $896 s.f. x $400 per s.f. of land x 33% fee factor = $70,348.19. Cash in Lieu payment. The compilation of this application has thoroughly considered the historical significance of the neighborhood within the larger community, the true value of the building as an iconic representation of AspenModern on Main Street, and the possibility for its’ preservation. In addition, the owners have considered the future of the property if voluntary designation is not completed. While demolition of the existing building in favor of a large re-development project utilizing the available floor area is certainly possible, we know the vision of a development that is compatible with the neighborhood, combined Exhibit C.1 | Application 218 49 with Landmark Designation to protect a historically significant architectural icon on Main Street, is a preferred alternative. It is our sincere hope that this application brings forward the value and historic character of the property, its location, and immediacy to act in favor of its preservation. We look forward to reviewing the application with Community Development Staff, Planning and Zoning, and the City Council. Best Regards, Design Workshop, Inc Jessica Garrow, FAICP (970) 925-8354 Richard Shaw and Kurt Culbertson Managers 120 East Main Street Partners (970)-710-9539 Exhibit C.1 | Application 219 50 Appendix of Documents A. Land Use Application and Fee Agreement B. Title Policy C. Legal Description D. List of Adjacent Property Owners E. Authorization to Represent F. Homeowners Association Compliance Policy G. Pre-Application Checklist H. Vicinity Map I. Plan Set a. Existing Conditions Survey b. Existing Lots and Easements c. Proposed Site Plan d. Proposed Site Plan Overlay on Existing Conditions e. Map of Area to be Designated f. Modifications to Exterior of the Existing Building g. Architectural Floor Plans h. Architectural Elevations i. Verification of Existing Floor Area j. Sketches of the Proposed Project k. Proposed Materials l. Draft Subdivision Plat J. Engineers Report including Hazards and Preliminary Stormwater Management Plan K. Transportation Impact Analysis (TIA) L. Affidavit of Owner Concerning the Deed Restriction Exhibit C.1 | Application 220 Exhibit C.1 | Application 221 Exhibit C.1 | Application 222 Exhibit C.1 | Application 223 Exhibit C.1 | Application 224 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62013660-4 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. RELEASE OF DEED OF TRUST DATED JUNE 01, 2017 FROM 120 E. MAIN PARTNERS LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY AKA 120 EAST MAIN PARTNERS, LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK, A COLORADO BANKING CORPORATION TO SECURE THE SUM OF $2,650,000.00 RECORDED JULY 12, 2017, UNDER RECEPTION NO. 639841. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED JULY 12, 2017, UNDER RECEPTION NO. 639842. 2. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR 120 E. MAIN PARTNERS, LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF 120 E. MAIN PARTNERS, LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. Exhibit C.1 | Application 225 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62013660-4 All of the following Requirements must be met: 4. WARRANTY DEED FROM 120 E. MAIN PARTNERS LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY AKA 120 EAST MAIN PARTNERS, LTD. LIABILITY CO., A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62013660-4 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Exhibit C.1 | Application 226 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES, IF ANY. (AFFECTS BOTH PARCELS) 9. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED IN BOOK 23 AT PAGE 20, BOOK 23 AT PAGE 105 AND IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 2, SERIES OF 1961 RECORDED MAY 1, 1961 IN BOOK 194 AT PAGE 7. 11. TERMS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED IN BOOK 202 AT PAGE 429 AND DEED RECORDED APRIL 25, 1996 UNDER RECEPTION NO. 392094. 12. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 88-6 RECORDED MAY 30, 1989 IN BOOK 593 AT PAGE 529. 13. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE 60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51. 14. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 15, SERIES OF 1990 RECORDED DECEMBER 11, 1990 IN BOOK 635 AT PAGE 806. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 05, 1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTAL AGREEMENT RECORDED MAY 12, 1992 IN BOOK 677 AT PAGE 530. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 12, SERIES OF 1992 RECORDED AUGUST 31, 1992 IN BOOK 687 AT PAGE 468. Exhibit C.1 | Application 227 17. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 82, SERIES OF 1992 RECORDED JANUARY 27, 1993 IN BOOK 702 AT PAGE 123. 18. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED NOVEMBER 19, 1996 AT RECEPTION NO. 399186. (ITEMS 9-17 AFFECT PARCEL A) 19. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED IN BOOK 59 AT PAGE 14 AND BOOK 55 AT PAGE 550, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 20. TERMS AND POWER AND SEWER EASEMENTS OF DEED RECORDED JANUARY 31, 1961 IN BOOK 193 AT PAGE 89. 21. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO. 2, SERIES OF 1961 RECORDED MAY 1, 1961 IN BOOK 194 AT PAGE 7. 22. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH IN MAP OF SUBJECT PROPERTY RECORDED ON JULY 12, 1993 IN PLAT BOOK 32 AT PAGE 11. 23. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE NO.82, SERIES OF 1992 RECORDED JANUARY 27, 1993 IN BOOK 702 AT PAGE 123. 24. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION AGREEMENT RECORDED JULY 13, 1993 IN BOOK 717 AT PAGE 485. (ITEMS 19-24 AFFECT PARCEL B) Land Title Guarantee Company Disclosure Statements Note: Pursuant to CRS 10-11-122, notice is hereby given that: 1. The Subject real property may be located in a special taxing district. 2. A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the Exhibit C.1 | Application 228 contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). 3. The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: 1. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 2. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. 4. The Company must receive payment of the appropriate premium. 5. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Exhibit C.1 | Application 229 1. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and 2. That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. Joint Notice of Privacy Policy of Land Title Guarantee Company Land Title Guarantee Company of Summit County Land Title Insurance Corporation and Old Republic National Title Insurancy Company This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: Exhibit C.1 | Application 230 • applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. Exhibit C.1 | Application 231 THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 1. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. 2. “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. 3. “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. 4. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. 5. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. 6. “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. 7. “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. 8. “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 1. the Notice; 2. the Commitment to Issue Policy; 3. the Commitment Conditions; 4. Schedule A; 5. Schedule B, Part I—Requirements; and 6. Schedule B, Part II—Exceptions; and 7. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of Exhibit C.1 | Application 232 the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY 1. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. 2. The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. 3. The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. 4. The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. 5. The Company shall not be liable for the content of the Transaction Identification Data, if any. 6. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. 7. In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 1. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. 2. Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. 3. Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. 4. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. 5. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. 6. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Exhibit C.1 | Application 233 Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Prevent fraud -Please call a member of our closing team for wire transfer instructions or to initiate a wire transfer. Note that our wiring instructions will never change. Exhibit C.1 | Application 234 LEGAL DESCRIPTION The legal description for this parcel is: PARCEL A: THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS OF N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, COUNTY OF PITKIN, STATE OF COLORADO. The legal description for this parcel is: PARCEL B: LOT 2, US WEST SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JULY 13, 1993 IN PLAT BOOK 32 AT PAGE 11. COUNTY OF PITKIN, STATE OF COLORADO. Exhibit C.1 | Application 235 Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512438002 on 12/18/2023 Instructions: Disclaimer: http://www.pitkinmapsandmore.com Exhibit C.1 | Application 236 100 EAST MAIN STREET CONDO ASSOC ASPEN, CO 81611 100 E MAIN ST 114 EAST BLEEKER STREET ASSOC ASPEN, CO 81611 COMMON AREA 114 E BLEEKER ST 120 EAST MAIN PARTNERS LLC ASPEN, CO 81611 120 E MAIN ST 134 E BLEEKER LLC ASPEN , CO 81611 415 LACET LN 1543 LLC DENVER, CO 80202 1543 WAZEE ST #400 201 EAST MAIN STREET LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 202 E MAIN ST LLC NASHVILLE, TN 37204 1138 BROOKMEADE DR 208 MAIN LLC ASPEN, CO 81611 312 AABC #D 208 MAIN STREET CONDO OWNERS ASSOCIATION ASPEN, CO 81611 208 E MAIN ST #102 209 EAST BLEEKER LLC PACIFIC PALISADES, CA 90272 1600 SAN REMO DR ASPEN COMM UNITED METHODIST CHURCH ASPEN, CO 81611 200 E BLEEKER ST ASPEN CORNER OFFICE LLC ASPEN, CO 81611 200 E MAIN ST B G & N ASPEN LLC ASPEN, CO 81612 PO BOX 1045 BTRSARDY LLC PALO ALTO , CA 94306 PO BOX 61239 CARVER RUTH A REV TRUST ASPEN, CO 81611 116 S ASPEN ST CITY OF ASPEN ASPEN, CO 81611 427 RIO GRANDE PL CRAWFORD RANDALL & ABIGAIL ASPEN, CO 81611 124 N GARMISCH ST DIRE WOLF LLC ASPEN, CO 81611 100 E MAIN ST # 1 DOMINGUE FAMILY TRUST WINTER PARK, FL 32790 PO BOX 2293 EGGHEAD LLC ASPEN, CO 81611 180 HEATHER LN ELLERMAN JEFFREY S & PAMELA C DALLAS, TX 75205 4012 MIRAMAR AVE FLEMING KIMBERLY PAIGE ASPEN, CO 81612 PO BOX 2869 GARCIA STEVEN J ASPEN, CO 81611 120 N GARMISCH GSW FAMILY INV LP LANCASTER, PA 17601 1320 HUNSICKER RD HANOVER ASPEN LLC WOODY CREEK, CO 81656 PO BOX 481 HAYMAX LODGING LLC ASPEN, CO 81611 605 W MAIN ST #2 HERRON LLC HOUSTON, TX 77006 1627 SOUTH BLVD HODES ALAN & DEBORAH AVENTURA , FL 33180 19951 NE 39TH PLACE HOGUET CONDO ASSOC ASPEN, CO 81611 COMMON AREA 118 E BLEEKER ST HOGUET CONSTANCE M NEW YORK, NY 10065 333 E 68TH ST Exhibit C.1 | Application 237 KELLY BRIAN ASPEN, CO 81611 105 E BLEEKER ST LORENZ KATHERINE ASPEN, CO 81611 101 BLEEKER ST #A OVERFLOW PAD THREE LLC ASPEN, CO 81611 101 S MILL ST #200 PARDUBA JIRI ASPEN, CO 81612 116 N GARMISCH ST PEARCE BERNARD D ASPEN, CO 81611 216 E MAIN ST PEARCE RICHARD B ASPEN, CO 81611 216 E MAIN ST RODNEY JOHN W BASALT , CO 81621 20 RIVER OAKS LANE RYAN DAWN ASPEN, CO 81611 215 N GARMISCH ST TARADA LLC VIENNA , VA 221822737 8045 LEESBURG PIKE #230 TARVER CHARLES ASPEN, CO 81611 128 N GARMISCH TIRPAK BRADLEY ASPEN, CO 81611 101 BLEEKER ST #A VICTORIANS AT BLEEKER CONDO ASSOC ASPEN, CO 81611 101 E BLEEKER ST Exhibit C.1 | Application 238 AUTHORIZATION TO REPRESENT As applicant, 120 E Main Street Partners LLC, designates Design Workshop to represent us in this City of Aspen Land Use process. By: Date: December 18, 2023 Title: Principal Exhibit C.1 | Application 239 Exhibit C.1 | Application 240 APPLICATION CHECKLIST: Below is a list of submittal requirements. Please email the entire application as one pdf to kirsten.armstrong@aspen.gov. The fee will be requested after the application is determined to be complete.  Completed Land Use Application and signed Fee Agreement  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form (attached).  List of adjacent property owners within 300’ for public hearing.  An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen.  Site improvement survey (no more than 1 year old) showing all existing conditions including topography and vegetation, certified by a registered land surveyor, licensed in the state of Colorado.  A written description of the proposal (scope of work) and written explanation of how the proposed development complies with the review standards and design guidelines relevant to the application.  A proposed site plan showing setbacks and property boundaries.  Scaled drawings of existing and proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. Existing and proposed elevations should clearly show areas of change.  Supplemental materials to provide a visual description of the context surrounding the designated historic property including photographs and other exhibits, as needed, to accurately depict location and extent of proposed work.  The net livable square footage of each residential unit in the development.  If applicable, the conditions under which reductions from net minimum livable square footage requirements are requested according to APCHA guidelines.  Proposed Category Designation of sale or rental restriction for each unit in the development.  Proposed employees housed by the affordable housing unit in increments of no less than one one-hundredth (0.01) according to according to Section 26.470.050(d) (Table 4, FTEs Housed).  A mobility plan meeting the requirements of Chapter 26.515 of the Aspen Municipal Code. For Voluntary Landmark Designation the following items will need to be submitted in addition to the items listed above:  A map indicating the boundaries of the historic designation.  Historic property description, including narrative text, photographs and/or other graphic materials that document its physical characteristics.  Written description of how the property meets the criteria for designation.  Written description of historic preservation benefits which the property owner request be awarded at the time of designation, and relationship to Section 26.415.010, Purpose and Intent of the historic preservation program. For Major Subdivision Amendment the following items will need to be submitted in addition to the items listed above:  A draft plat meeting the plat requirements of Chapter 26.490—Approval Documents.  A statement prepared by a Colorado registered Professional Engineer, and depiction or mapping as necessary, regarding the presence of natural or man-made hazards affecting the property, including flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snow slide areas, slopes in Exhibit C.1 | Application 241 excess of thirty percent (30%), and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Areas with slopes in excess of thirty percent (30%) shall require a slope stability study reviewed by the Colorado Geologic Survey. Also see Chapter 29—Engineering Design Standards regarding identification and mitigation of natural hazards.  A narrative prepared by a Colorado registered Professional Engineer, and depiction or mapping as necessary, describing the potential infrastructure upgrades, alignment, design, and mitigation techniques that may be necessary for development of the site to be served by public infrastructure, achieve compliance with Municipal Code Title 29—Engineering Design Standards, and achieve compliance with the City of Aspen Urban Runoff Management Plan (URMP). The information shall be of sufficient detail to determine the acceptable location(s) and extent of development and to understand the necessary upgrades and the possible alignments, designs, or mitigation techniques that may be required. Specific engineered solutions and design details do not need to be submitted for land use review. An applicant may be required to submit specific design solutions prior to or in conjunction with recordation of a subdivision plat and development agreement, pursuant to Chapter 26.490—Approval Documents.  A statement regarding School Land Dedication requirements of Section 26.620.060 and a description of any lands to be dedicated to meet the standard.  An analysis of the new proposed, merged lot – depicting net lot area, allowable floor area per underlying zoning For Conceptual the following items will need to be submitted in addition to the items listed above:  Graphics identifying preliminary selection of primary exterior building materials.  A preliminary stormwater design. For Final the following items will need to be submitted in addition to the items listed above:  Drawings of the street facing facades must be provided at ¼” scale.  Final selection of all exterior materials and sample or clearly illustrated photographs.  A lighting plan and landscape plan, including any visible stormwater mitigation features. Exhibit C.1 | Application 242 120 E MAIN STREET | VICINITY MAP E Main Stre e t N Aspen StreetN Garmisch StreetPaepcke Pa r kProject LocationExhibit C.1 | Application 243 Exhibit C.1 | Application244 X X XXDD120 EAST MAINSINGLE STORY BRICKWITH BASEMENT8800 S.F.±FLAGSTONE WALKAND PATIOASPHALT DRIVEWAYAND PARKINGCONCRETE WALKWOODDECKRIP-RAPRIP-RAPWINDOW WELL48.90'80.90'48.90'80.90'N 75°09'11" W 80.00'S 14°5 0 ' 4 9 " W 1 1 0 . 0 0 'S 75°09'11" E 80.00'N 14°50'49" E 110.00'128 EAST MAINBTRSARDY LLCW 10' LOT MLOT 2 US WEST SUB.PER PLAT BOOK 32 PAGE 112520 S.F.±BASI S O F B E A R I N G SCONCRETERINGPLANTERX ASPHALTX X X X X X X X XACACFENCE MECHANICALENCLOSUREDDDXXXXXGUARD RAIL DILAPIDATEDCONCRETECONCRETEPAD WITH UTILITYMANHOLESMAIN STREET ASPHALT100' RIGHT OF WAYCONCRETE CURB AND GUTTERCONCRETE WALKDRAIN GRATERIM = 7896.44'COCOBBBBBOLLARD(TYPICAL)CLEANOUT(TYPICAL)#5 REBAR &YELLOW PLASTICCAP PLS#2376FOUND .20'BELOW GROUND1.34' WITNESSPK & SHINERPLS 25947FOUND FLUSHTBM EL=7896.49'#5 REBARAND PLASTIC CAPILLEGIBLE FOUND.10' BELOW GROUND#5 REBAR ANDPLASTIC CAPPLS #28643 1 'WITNESS CORNERFOUND .15' ABOVE GROUNDCABLEPEDESTAL(TYPICAL)CABLE TVPEDESTALELECTRICTRANSFORMERFENC E ( T Y P I C A L )LIGHTPOLEELECTRICPEDESTALADJOINERBUILDINGN 75°09'11" W 90.00'N 14° 5 0 ' 4 9 " E 2 8 . 0 0 'S 14°50'49" W28.00'#5 REBARAND YELLOW PLASTICCAP PLS# 37935TO BE SET#5 REBARAND YELLOW PLASTICCAP PLS# 37935TO BE SET#5 REBARAND YELLOW PLASTICCAP PLS# 37935TO BE SETPK AND SHINERPLS# 37935TO BE SETE 20' LOT MLOT NLOT O ADJOINERBUILDINGWINDOWWELL13.9'9.8'15.2'21.2'LOT KLOT L 10'5'5'10' LOT P LOT CLOT DLOT ELOT F VICTORIANS ATBLEEKER PLATBK 43 PG 16ACCESS, UTILITY AND EMERGENCYEASEMENTPER BK 202 PG 429BK 647 PG 767WVPPWATER VALVELOT 1 US WEST SUBDIVISIONPER PLAT BK 32 PG 11ADJOINERBUILDING10' FRONT SETBACK5' SID E S E T B A C K 5' SIDE SETBACK 5' REAR SETBACK100 EAST MAINSTREET CONDOSPLAT BK 120 PG 7BRICK WALLSTEPSAPPROX. LOCATIONOF RFTA 5'X3'EASEMENTPER BK 593 PG 529EASEMENT PERREC. NO. 399186PERMANENT POWER &SEWER EASEMENT PERBK 193 PG 8910.00'DDRAIN GRATERIM = 7895.25'NO PARKINGAND BUS STOPSIGN (TYPICAL)WWWWWWWWCTVCTV CTV W W WWW CTVCTVCTVCTV CTV CTV CTVCTV CTVCTVCTVCTVSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSG GGGGGGGGGGGGGGGEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UECTV CTV CTVCTVCTVCTVCTVCTVCTVCTVEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX- U E EX- U E EX-UE TTEX-UE EX-UE EX-UEEX-UEEX-UEEX-UEEX-UET T TTTTTTTT TTTTTTTTTTT TTTTTTT TTTTEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UETTTTTT TTTTTGDSTORM MANHOLERIM = 7894.71'DRAIN GRATERIM = 7896.60'TELEPHONEPEDESTAL(TYPICAL)UNDERGROUNDELECTRIC (TYP.)UNDERGROUNDTELEPHONE (TYP.)UNDERGROUNDCABLE TV (TYP.)UNDERGROUNDGAS (TYP.)UNDERGROUNDSEWER (TYP.)UNDERGROUNDWATER (TYP.)COCLEANOUTRIDGEEL = 7915.77'CHIMNEYEL = 7918.88'STONE PATHSTONE PATH BRICK PAVERPARKINGCONCRETEBORDEREGELECTRICMETERGASMETERLOWER LEVEL LANDINGEL = 7890.75'WOOD DECKABOVESTAIRWELLT1T2T3T4T5T7T6T8T9T10T11T12T13T14T15T17T18T19T20T21T22T23T24T25T26T27T16T28T29T30T31T32T33T34T35T36T37PLANTERPLAN T E RDYHWALL MOUNTFIRE HYDRANTCONCRETE WALKBUIL D I N G O V E R H A N G BUILDING OVERHANG BUILDING OVERHANGBUILDINGOVERHANGBRICKPLANTERUNIT GPARKINGSPACE PERVICTORIANSAT BLEEKERPLAT BK 43PG 16T38BENCH7896.947897.56'7896.32'7896.08'7896.75'7896.60'7896.48'7897.02'7896.65'7896.63'7896.97'7896.86'7896.80'7896.93'7896.70'7896.34'7895.05'7900.1'7900.1'7900.5'SS7895789679007897 78967897NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSNWEPeak Surveying, Inc.Est. 2007211531 OF 1120 E. MAIN PARTNERS LTD.CITY OF ASPEN, COLORADOIMPROVEMENT SURVEY PLAT120 E. MAIN/LOT2 US WEST SUB.120 EAST MAIN STREET - ASPENSFJRNDEC. 20, 2021153 DWG1 12/29/22UPDATE SURVEYJRN211/01/2023UPDATE SURVEY, ADD TOPO & UTILITIESSMSIMPROVEMENT SURVEY PLAT AND TOPOGRAPHIC SURVEYA PARCEL OF LAND SITUATED IN LOTS M, N AND O AND THE SOUTH 1/2 OF THE ALLEY, BLOCK 66 OF THE ORIGINAL TOWNSITE OF ASPEN AND LOT 2, US WEST SUBDIVISIONRECORDED JULY26, 1993 IN PLAT BOOK 32 PAGE 11CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADONESW0306090120150180210240270300330P e ak S urveying, Inc.0101020405PROPERTY DESCRIPTIONPARCEL A: THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND O,BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEYTHROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS NAND O AND THE EASTERLY 20 FEET OF LOT , BLOCK 66, COUNTY OFPITKIN COUNTY, STATE OF COLORADOPARCEL B: LOT 2, US WEST SUBDIVISION, ACCORDING TO THE PLATTHEREOF RECORDED JULY 13, 1993 IN PLAT BOOK 32 AT PAGE 11 COUNTYOF PITKIN, STATE OF COLORADONOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDINGSETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN INTHE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO.ABS62014831, DATED EFFECTIVE NOVEMBER 23, 2022.2) THE DATE OF THIS SURVEY WAS DECEMBER 08, 2021, DECEMBER 13, 2022, AND OCTOBER 24,2023.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S14°50'49"W BETWEEN THE 1'WITNESS CORNER TO THE SOUTHEAST CORNER OF LOT O , A #5 REBAR AND PLASTIC CAP PLS#28643 FOUND IN PLACE AND THE 1.34' WITNESS CORNER TO THE SOUTHERLY ANGLE POINT OFLOT1 US WEST SUB. , A #5 REBAR AND YELLOW PLASTIC CAP PLS# 2376 FOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE US WEST SUBDIVISION RECORDED JULY 13, 1993 IN PLATBOOK 32 PAGE 11, THE VICTORIANS AT BLEEKER CONDO MAP RECORDED JULY 07, 1997 IN PLATBOOK 43 AT PAGE 16 AND THE 100 EAST MAIN STREET CONDO MAP RECORDED AUGUST 23, 2017IN PLAT BOOK 120 AT PAGE 7 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE ANDCORNERS FOUND IN PLACE.6) LOT 2 IN THE US WEST SUBDIVISION IS ZONED R-6 WITH 10' SETBACKS FRONT AND REAR, AND5' SIDE SETBACKS.7) LOTS M,N, AND O ARE ZONED MIXED-USE WITH 5' SETBACKS FOR SIDES AND REAR, AND 10'FRONT, WHICH CAN BE REDUCED TO 5' PURSUANT TO SPECIAL REVIEW.8) ACCORDING TO ORDINANCE NO. 60, SERIES OF 1976 RECORDED IN BOOK 321 AT PAGE 51, THESUBJECT PROPERTY IS DESIGNATED HISTORIC DISTRICT.9) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADORTVRN GPS NETWORK (NAVD 88 DATUM) YIELDING AN ONSITE ELEVATION OF 7896.49' ASSHOWN. CONTOUR INTERVAL EQUALS 1 FOOT.10) ERROR IN CLOSURE FOR THIS SURVEY IS LESS THAN 1:15,000.IMPROVEMENT SURVEY STATEMENTI, JASON R. NEIL, HEREBY CERTIFY TO 120 E. MAIN PARTNERS LLC., A COLORADO LIMITEDLIABILITY COMPANY, AS TO PARCEL A, 120 EAST MAIN PARTNERS, LLC., A COLORADO LIMITEDLIABILITY COMPANY AS TO PARCEL B, THAT I AM A PROFESSIONAL LAND SURVEYORLICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEYPLAT IS TRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION ANDBELIEF AS LAID OUT AND SHOWN HEREON; THAT THIS IMPROVEMENT SURVEY PLAT WASMADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME ORUNDER MY DIRECT SUPERVISION ON DECEMBER 08, 2021, DECEMBER 13, 2022, AND OCTOBER 24,2023; THAT THIS IMPROVEMENT SURVEY PLAT IS NOT A GUARANTY OR WARRANTY, EITHEREXPRESSED OR IMPLIED; THAT, IN THE PREPARATION OF THIS IMPROVEMENT SURVEY PLAT, IRELIED UPON THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY,ORDER NO. ABS62014831, DATED EFFECTIVE NOVEMBER 23, 2022; THAT THE LOCATION ANDDIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS OF WAY IN EVIDENCEOR KNOWN TO ME AND ENCROACHMENTS BY OR ON THE REAL PROPERTY AND MATTERSREFERENCED IN SAID TITLE COMMITMENT CAPABLE OF BEING SHOWN ARE ACCURATELYSHOWN, AND THAT THIS PLAT IS IN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SETFORTH IN C.R.S. §38-51-102(9). DATED: NOVEMBER 01, 2023 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC.COL O R ADO LICENSEDPROFESSIONAL LAND S U RVEYOR JAS O N R. NEIL37935TREE CHARTSUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'Exhibit C.1 | Application245 120 EAST MAIN EXISTING STRUCTURE TO REMAIN MAIN STREETPROPERTY BOUNDARYSIDE SETBACKFRONT SETBACK SIDE SETBACKROOF OVERHANG5'-0"5'-0" REAR SETBACK 7896.94 7 8 9 5 7896 7900 7897 7896 7897C DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 REVISIONS 7632 2 3 4 5 6 7 A B C D E 12O E MAIN STREET PARTNERS120 E MAIN STREET, ASPEN, COC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Mar 08, 2024 - 11:56amF:\PROJECTS_A-L\7632-120 E Main Improvements\D-CAD\02. Sheets\dw-7632-Site Plan_.dwgDESIGN WORKSHOP Landscape Architecture · Land Planning Urban Design · Tourism Planning Aspen · Austin · Chicago · Denver · Houston Lake Tahoe · Los Angeles · Raleigh 120 East Main Street (970) 925-8354 (970) 920-1387 Aspen, Colorado 81611 LS RWS DECEMBER 18, 2023120 E MAIN STREETIMPROVEMENTSL-02 LAND USE APPLICATION EXISTING LOTS AND EASEMENTS NORTH 0 ORIGINAL SCALE: 4 8 16 1/8"=1'-0"25'-0"PERMANENT POWER AND SEWER EASEMENTLOT 1 OF THE US WEST/DESIGN WORKSHOP SUBDIVISION Lot Area 8,800 SF LOT 2 OF THE US WEST/DESIGN WORKSHOP SUBDIVISION Lot Area 2,520 SF EASEMENT FOR US WEST ACCESS, UTILITY AND EMERGENCY EASEMENT 18'-534"PUBLIC UTILITY EASEMENTAPPROXIMATE AREA OF RFTA 5'X3' EASEMENT Exhibit C.1 | Application 246 Exhibit C.1 | Application 247 120 EAST MAIN EXISTING STRUCTURE TO REMAIN MAIN STREETPROPERTY BOUNDARYSIDE SETBACKFRONT SETBACK SIDE SETBACKROOF OVERHANG5'-0"5'-0"10'-0"REAR SETBACK XXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXX X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X X X B B B B W W W W W W W W W W W W W W W W W CTV CTV CTVCTVCTVCTVCTVWWWWWWWWWWWCTV CTV CTV CTV CTV CTV CTV CTVCTVCTVCTVCTVCTVCTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS GGG G G G G G G G G G G G G G G G G G G G G G G G G G G G G G EX-U E EX-UE EX-UE EX-UE EX-UE EX-UEEX-UEEX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UEEX-UEEX- U E EX- U E EX- U E EX-UE EX-UE EX-UE EX-UE CTVCTVCTVCTVCTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE E X - U E EX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX- U E EX- U E TTT T T EX- U EEX-UEEX-UEEX-UEEX-UEEX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE E X - U E EX-UETTTTTTTTTTT T T T T T T T T TTT T T T T T T T T T T T TT T TTT T T TTTT T T T T T T T T T T T TTTTT T T T T T T EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-U E EX-U E EX- U E EX- U E EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE T T T T T T T T T TTTT T T T T T T T T T GGG7896.94SSSS 7 8 9 5 7896 7900 7897 7896 7897C DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 REVISIONS 7632 2 3 4 5 6 7 A B C D E 12O E MAIN STREET PARTNERS120 E MAIN STREET, ASPEN, COC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Mar 08, 2024 - 11:57amF:\PROJECTS_A-L\7632-120 E Main Improvements\D-CAD\02. Sheets\dw-7632-Site Plan_.dwgDESIGN WORKSHOP Landscape Architecture · Land Planning Urban Design · Tourism Planning Aspen · Austin · Chicago · Denver · Houston Lake Tahoe · Los Angeles · Raleigh 120 East Main Street (970) 925-8354 (970) 920-1387 Aspen, Colorado 81611 LS RWS DECEMBER 18, 2023120 E MAIN STREETIMPROVEMENTSL-04 LAND USE APPLICATION EXISTING AND PROPOSED DEVELOPMENT OVERLAY NORTH 0 ORIGINAL SCALE: 4 8 16 1/8"=1'-0" CONCRETE SIDEWALK TOP OF PLANTER CONCRETE WALK FLAGSTONE WALK AND PATIO ADJOINING BUILDING WINDOW WELL BRICK PAVER PARKING STONE PATH BENCH BRICK WALL WINDOW WELL FENCE, TYP. PLANTER CONCRETE RING RIP RAP, TYP. ASPHALT DRIVEWAY AND PARKING AREA WOOD DECKLOWER LEVEL ACCESS ELECTRIC TRANSFORMER TELEPHONE PEDESTAL, TYP. CONCRETE PORCH 6 SURFACE LEVEL PARKING SPACES BELOW BUILDING DECKDECK BIKE RACK Exhibit C.1 | Application 248 SHEET NUMBER SHEET TITLE IE-1 EXISTING BUILDING CONDITION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 4 3 2 1 T.O. PLY LOWER LEVEL90'-4" T.O. PLY SPLIT LEVEL 93'-11" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL103'-41/2" T.O. CONC. BEAM111'-11/2" T.O. RIDGE 117'-13/8" BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1West Elevation 0 2'4'8' Exhibit C.1 | Application 249 SHEET NUMBER SHEET TITLE IE-1 EXISTING BUILDING ELEVATION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 4 3 2 1 T.O. PLY LOWER LEVEL90'-4" T.O. PLY SPLIT LEVEL 93'-11" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL103'-41/2" T.O. CONC. BEAM111'-11/2" T.O. RIDGE 117'-13/8" PROPOSED COMMERCIAL KITCHEN EXHAUST W/ HORIZONTAL WOOD RAIN SCREEN ENCLOSURE BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1West Elevation 0 2'4'8' Exhibit C.1 | Application 250 SHEET NUMBER SHEET TITLE IE-2 EXISTING BUILDING CONDITION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 A T.O. RIDGE 117'-13/8" T.O. CONC. BEAM111'-11/2" T.O. PLY SPLIT LEVEL103'-41/2" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL93'-11" T.O. PLY LOWER LEVEL90'-4" BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1South Elevation 0 2'4'8' Exhibit C.1 | Application 251 SHEET NUMBER SHEET TITLE IE-2 EXISTING BUILDING ELEVATION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 A T.O. RIDGE 117'-13/8" T.O. CONC. BEAM111'-11/2" T.O. PLY SPLIT LEVEL103'-41/2" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL93'-11" T.O. PLY LOWER LEVEL90'-4" PROPOSED COMMERCIAL KITCHEN EXHAUST BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1South Elevation 0 2'4'8' Exhibit C.1 | Application 252 SHEET NUMBER SHEET TITLE IE-3 EXISTING BUILDING CONDITION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 1 2 3 4 T.O. RIDGE117'-13/8" T.O. CONC. BEAM111'-11/2" T.O. PLY SPLIT LEVEL103'-41/2" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL93'-11" T.O. PLY LOWER LEVEL90'-4" STEEL BEAM BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1East Elevation 0 2'4'8' Exhibit C.1 | Application 253 SHEET NUMBER SHEET TITLE IE-3 EXISTING BUILDING ELEVATION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 1 2 3 4 T.O. RIDGE117'-13/8" T.O. CONC. BEAM111'-11/2" T.O. PLY SPLIT LEVEL103'-41/2" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL93'-11" T.O. PLY LOWER LEVEL90'-4" PROPOSED WINDOW TO MATCH EXISTING WINDOW TO THE SOUTH PROPOSED COMMERCIAL KITCHEN EXHAUST STEEL BEAM BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1East Elevation 0 2'4'8' Exhibit C.1 | Application 254 SHEET NUMBER SHEET TITLE IE-4 EXISTING BUILDING CONDITION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 D C B A T.O. RIDGE 117'-13/8" T.O. CONC. BEAM111'-11/2" T.O. PLY SPLIT LEVEL103'-41/2" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL93'-11" T.O. PLY LOWER LEVEL90'-4" STEAL BEAM BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1North Elevation 0 2'4'8' Exhibit C.1 | Application 255 SHEET NUMBER SHEET TITLE IE-4 EXISTING BUILDING ELEVATION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 D C B A T.O. RIDGE 117'-13/8" T.O. CONC. BEAM111'-11/2" T.O. PLY SPLIT LEVEL103'-41/2" T.O. PLY MAIN LEVEL99'-11" (Project 100) T.O. PLY SPLIT LEVEL93'-11" T.O. PLY LOWER LEVEL90'-4" PROPOSED COMMERCIAL KITCHEN EXHAUST PROPOSED EXIT MODIFICATIONSTEAL BEAM BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1North Elevation 0 2'4'8' Exhibit C.1 | Application 256 SHEET NUMBER SHEET TITLE IF-1 PROPOSED BUILDING PLANS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 UP DOWN 12345678UP 12345678UPA A A D D F F E E 1 1 2 2 B B E E G G C C 15'2'-11"8'-11"3'-7"37'-11/2"7'-3"16'-11/2"2'15'8'-11"3'-7"51/2"2'-61/2"51/2"6'-11"1'-8"51/2"2'-113/4"51/2" 5'-8"51/2" 2'-8"2'-21/4" 51/2"61/4"1'-10"4'-6"51/2"51/2"2'51/2"6'-4"3'-9"7'-41/2"3'-93/4"6'-81/2" 10'-113/4"4'-41/2"51/2" 3'-1"7'-53/8"3'-5"51/2" 51/2" 13'-113/8" 51/2"37'-11/2"7'-3"16'-11/2"2'-11"51/2"11'-7"51/2"51/2"6'-4"51/2"51/2"2'51/2"11'-23/4"3'-3"51/2" 1 IG-1 2 IG-1 1 IG-2 2 IG-2 #DrgID #LayID PROPOSED SHIPS LADDER FOR EGRESS REVERSE DOOR SWING ON EXISTING DOOR ROOF OVERHANG ABOVE 6 PARKING SPACES, SEE SITE PLAN 4 PARKING SPACES, SEE SITE PLAN EXISTING BUILDING EXISTING BUILDING 6 PARKING SPACES, SEE SITE PLAN 2 PARKING SPACES, SEE SITE PLAN ROOF OVERHANG MECH. SKI LOCKER SKI LOCKER SKI LOCKER SKI LOCKER UNIT 1 MUD MECH. UP DOWNUPDOWN12345678910111213UPA A D D F F E E 1 1 2 2 B B E E G G C C WW 1 IG-1 2 IG-1 1 IG-2 2 IG-2 #DrgID #LayID 14'-415/16" 14'-415/16" 15'8'-11"3'-7"37'-11/2"7'-3"16'-11/2"2'-11"51/2"5'-57/16"51/2"3'-315/16"13'-6"3'12'-11/8"6'4'-8"17'-3"3'3'-3"51/2"51/2" 13'-113/8"51/2"8'-11"3'-7"37'-11/2"7'-3"16'-11/2"2'-11"3'-1"51/2"10'-9"2'-10"2'-10"41'-2"14'-5"51/2"11'2'-77/8"9'-5"8'-65/8"8'-11"5'-11/4" 3'-9"4'-41/8"10'-2"3'-4"10'-6"5'-13/4"13'-113/8"7'-2"11'-2"5'8'-77/8"12'2'-77/8"11'8'-111/4"5'-1"3'3'-5" 10'-27/8" OPEN TO BELOW ROOF OF EXISTING BUILDING BELOW ROOF OVERHANG BEDROOM 1 BATH 2 BEDROOM BATH LAUNDRY/MUD CLT BEDROOM 2 CLT BATH 1 UNIT 1 CLT CLT UNIT 2 NSCALE: 1/4" = 1'-0"1PROPOSED BUILDING MAIN LEVEL 0 2'4'8'SCALE: 1/4" = 1'-0"2PROPOSED BUILDING LEVEL 1 0 2'4'8' Exhibit C.1 | Application 257 SHEET NUMBER SHEET TITLE IF-2 PROPOSED BUILDING PLANS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024UPDOWNDOWN1234567891011121314UPAA D D F F E E 1 1 2 2 B B E E G G C C F F1 IG-1 2 IG-1 1 IG-2 2 IG-2 #DrgID #LayID 8'-11"3'-7"37'-11/2"7'-3"12'-101/2"3'-3"2'-11"51/2"3'-4"8'8'7'-7"5'3'3'4'-8"7'4'4'2'-4"51/2"15' 51/2" 2'-5"4'-6"7'-03/8"51/2" 15' 51/2" 2'-9"4'5'-3"1'-113/8"51/2"51/2"15'-7"5'29'4'4'2'-4"51/2"8'-11"3'-7"37'-11/2"7'-3"12'-101/2"3'-3"2'-11"5'-7"8'-07/8"30'-11"24'-13/4"OPEN TO BELOW ROOF OF EXISTING BUILDING BELOW ROOF OVERHANG DECK DECK LIVING KITCHEN LIVING GAS FIREPLACE BAR UP TO ROOF DOWNA A D D F F E E 1 1 2 2 B B E E G G C C 1 IG-1 2 IG-1 1 IG-2 2 IG-2 #DrgID #LayID 8'-11"3'-7"37'-11/2"7'-3"12'-101/2"3'-3"2'-11"15'8'-11"3'-7"37'-11/2"7'-3"12'-101/2"3'-3"2'-11"15' OPEN TO BELOW ROOF OF EXISTING BUILDING BELOW ROOF DECK DECK BELOW DECK BELOW FUTURE SOLAR PANELS SLOPE 6:12 SLOPE 6:12 SLOPE 6:12 SLOPE 6:12 FUTURE SOLAR PANELS STAIRS TO ROOF DECK STAIR BULKHEAD NSCALE: 1/4" = 1'-0"1PROPOSED BUILDING LEVEL 2 0 2'4'8'SCALE: 1/4" = 1'-0"2PROPOSED BUILDING ROOF 0 2'4'8' Exhibit C.1 | Application 258 SHEET NUMBER SHEET TITLE IG-1 PROPOSED BUILDING ELEVATIONS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 A D F EBEGC LEVEL 2 - 17'.0" MID POINT ROOF - 28'.0" LEVEL 1 - 8'.0" 2 1 LEVEL 1 - 8'.0" LEVLE 2 - 17'.0" MID POINTROOF - 28'.0" SCALE: 1/4" = 1'-0"1PROPOSED BUILDING SOUTH ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"2PROPOSED BUILDING WEST ELEVATION 0 2'4'8' Exhibit C.1 | Application 259 SHEET NUMBER SHEET TITLE IG-2 PROPOSED BUILDING ELEVATIONS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 E F D AGECB LEVEL 1 - 8'.0" LEVEL 2 - 17'.0" MID POINT ROOF - 28'.0" 1 2 MAIN LEVEL - 0.0 (Project 100) LEVEL 1 - 8'.0" LEVLE 2 - 17'.0" MID POINTROOF - 28'.0" SCALE: 1/4" = 1'-0"1PROPOSED BUILDING NORTH ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"2PROPOSED BUILDING EAST ELEVATION 0 2'4'8' Exhibit C.1 | Application 260 SHEET NUMBER SHEET TITLE IJ-1 EXISTING BUILDING GROSS AREA CALCS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 UP DOWNDOWN 123456UP345678910D D 2 2 4 4 B B 1 1 3 3 A A C CFWALL HEIGHT = 4'-8" PROPOSED COMMERCIAL KITCHEN EXHAUSTPROPOSED COMMERCIAL KITCHEN EXHAUSTEXISTING MECH. Main Level Area A: 3,927.1 sq ft 1 2 3 4 5 6 7 8 9 10 UP DOWNUPDOWN789101112131412345678910UPD D 2 2 4 4 B B 1 1 3 3 A A C C HVAC HVAC HVAC PROPOSED COMMERCIAL KITCHEN EXHAUSTPROPOSED COMMERCIAL KITCHEN EXHAUST PROPOSED NEW WINDOW 1 2 3 4 5 6 7 8 Lower Level Area A: 3,759.2 sq ft Mechanical Area A: 384.5 sq ft GROSS AREA EXISTING BUILDING 120 EAST MAIN, ASPEN CO 81611 LOWER LEVEL 4,143.7 MAIN LEVEL 3,927.1 TOTAL GROSS AREA 8,070.8 NSCALE: 1/8" = 1'-0"1Main Level 0 4'8'16' SCALE: 1/8" = 1'-0"2Lower Level 0 4'8'16' Exhibit C.1 | Application 261 SHEET NUMBER SHEET TITLE IJ-2 EXISTING BUILDING FAR CALCS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 1 2 3 4 5 6 7 8 9 10 UP DOWNUPDOWN789101112131412345678910UPD D 2 2 4 4 B B 1 1 3 3 A A C C HVAC HVAC HVAC PROPOSED COMMERCIAL KITCHEN EXHAUSTPROPOSED COMMERCIAL KITCHEN EXHAUST PROPOSED NEW WINDOW 1 2 3 4 5 6 7 8 Lower Level Area A: 3,759.2 sq ft Mechanical Area A: 384.5 sq ft UP DOWNDOWN 123456UP345678910D D 2 2 4 4 B B 1 1 3 3 A A C CFWALL HEIGHT = 4'-8" PROPOSED COMMERCIAL KITCHEN EXHAUSTPROPOSED COMMERCIAL KITCHEN EXHAUSTEXISTING MECH. Main Level Area A: 3,859.2 sq ft SUBGRADE WALL AREA 120 EAST MAIN, ASPEN CO 81611 LOWER LEVEL WALL ELEVATIONS TOTAL WALL AREA (SQFT) EXPOSED WALL AREA (SQFT) UNEXPOSED WALL AREA (SQFT) 1 470.3 83.1 387.2 2 341.8 166.5 175.3 3 546.9 80.4 466.5 4 280.9 280.9 5 46 46 6 160.9 160.9 7 144.7 144.7 8 44.3 44.3 OVERALL TOTAL WALL AREA 2,035.80 EXPOSED WALL AREA 330 % OF EXPOSED WALL (EXPOSED/TOTAL)16% UNEXPOSED WALL AREA 1,705.80 % OF UNEXPOSED WALL (UNEXPOSED/TOTAL)84% 83.1 sq ft 470.3 sq ft T.O CONC. SPLIT - LEVEL 1 T.O CONC. SPLIT - LEVEL 2 B.O STRUCT. - MAIN LEVEL T.O. PLY - MAIN LEVEL B.O. STRUCT. SPLIT - LEVEL 3 T.O. PLY SPLIT - LEVEL 3 B.O. CONC. BEAM T.O. CONC BEAM 1 91.4 sq ft 83.9 sq ft 166.5 sq ft 2 80.4 sq ft 546.9 sq ft 3 FINISH GRADE NATURAL GRADE 280.9 sq ft46.0 sq ft160.9 sq ft144.7 sq ft44.3 sq ft 45678 MECHANICAL ROOM FAR CALCULATIONS EXISTING BUILDING 120 EAST MAIN, ASPEN CO 81611 ALLOWABLE FAR = 11,320 SF FLOOR AREA SF APPLICABLE SUBGRADE % COUNTABLE FLOOR AREA LOWER LEVEL 4,143.70 16%662.992 MAIN LEVEL 3,859.20 100%3,859.20 TOTAL FAR 4,522.19 NSCALE: 1/8" = 1'-0"2Lower Level 0 4'8'16' SCALE: 1/8" = 1'-0"1Main Level 0 4'8'16' WEST ELEVATION NORTH ELEVATION EAST ELEVATION SOUTH ELEVATION Exhibit C.1 | Application 262 SHEET NUMBER SHEET TITLE IJ-3 EXISTING BUILDING NET LEASABLE CALCS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 UP DOWNDOWN 123456UP345678910D D 2 2 4 4 B B 1 1 3 3 A A C CFWALL HEIGHT = 4'-8" EXISTING MECH. M-9 Mech & Exempt Area A: 10.8 sq ft M-5 Mech & Exempt Area A: 5.4 sq ft C-1 Common Area A: 225.9 sq ft A-1 Leasable Area A: 3,370.5 sq ft M-8 Mech & Exempt Area A: 18.1 sq ft M-7 Mech & Exempt Area A: 18.1 sq ft M-2 Mech & Exempt Area A: 1.8 sq ft M-4 Mech & Exempt Area A: 6.6 sq ft M-3 Mech & Exempt Area A: 5.7 sq ft M-1 Mech & Exempt Area A: 39.4 sq ft M-6 Mech & Exempt Area A: 28.2 sq ft 1 2 3 4 5 6 7 8 9 10 UP DOWNUPDOWN789101112131412345678910UPD D 2 2 4 4 B B 1 1 3 3 A A C C PROPOSED COMMERCIAL KITCHEN EXHAUST ABOVE PROPOSED COMMERCIAL KITCHEN EXHAUST ABOVE PROPOSED NEW WINDOWM-11 Mech & Exempt Area A: 9.9 sq ft M-13 Mech & Exempt Area A: 4.5 sq ft C-2 Common Area A: 259.6 sq ft M-10 Mech & Exempt Area A: 341.6 sq ft M-12 Mech & Exempt Area A: 12.5 sq ft C-3 Common Area A: 50.3 sq ft A-2 Leasable Area A: 959.4 sq ft M-14 Mech & Exempt Area A: 4.2 sq ft A-3 Leasable Area A: 1,381.3 sq ft A-4 Leasable Area A: 415.2 sq ft A-5 Leasable Area A: 301.8 sq ft LEASABLE AREA COMMON AREA MECHANICAL & EXEMPT AREA NET LEASABLE LEGEND UNIT 1 UNIT 2 FAR AREA LEGEND UNIT 1 CARPORT UNIT 2 CARPORT NET LEASABLE AREA EXISTING BUILDING 120 EAST MAIN, ASPEN CO 81611 LEASABLE AREA SF A-1 3,370.50 A-2 959.40 A-3 1,381.30 A-4 415.20 A-5 301.80 TOTAL 6,428.20 COMMON AREA C-1 225.90 C-2 259.60 C-3 50.30 TOTAL 535.80 MECHANICAL & EXEMPT AREA M-1 39.40 M-2 1.80 M-3 5.70 M-4 6.60 M-5 5.40 M-6 28.20 M-7 18.10 M-8 18.10 M-9 10.80 M-10 341.60 M-11 9.90 M-12 12.50 M-13 4.50 M-14 4.20 TOTAL 506.80 SCALE: 1/8" = 1'-0"1Main Level Net Leasable 0 4'8'16' SCALE: 1/8" = 1'-0"2Lower Level Net Leasable 0 4'8'16' Exhibit C.1 | Application 263 SHEET NUMBER SHEET TITLE IJ-4 PROPOSED BUILDING GROSS AREA CALCS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 12345678UP 12345678UPA A D D F F E E 1 1 2 2 B B E E G G C C UNIT 1 Main Level Area A: 45.8 sq ft Mechanical Area A: 78.9 sq ft UNIT 1 Main Level Area A: 82.6 sq ft UNIT 2 Level 1 Area A: 54.4 sq ft Mechanical Area A: 28.2 sq ft UP DOWNUPDOWN12345678910111213UPA A D D F F E E 1 1 2 2 B B E E G G C C WW UNIT 2 Level 1 Area A: 444.5 sq ft UNIT 1 Level 1 Area A: 633.7 sq ft UPDOWNDOWN1234567891011121314UPA A D D F F E E 1 1 2 2 B B E E G G C C F FDECK DECK UNIT 2 Level 2 Area A: 373.4 sq ft UNIT 1 Level 2 Area A: 541.2 sq ft SPIRAL STAIR FP UNIT 1 UNIT 2 MECHANICAL AREA GROSS AREA LEGEND GROSS AREA PROPOSED BUILDING 120 EAST MAIN, ASPEN CO 81611 UNIT 1 MAIN LEVEL 156.6 LEVEL 1 633.7 LEVEL 2 541.2 SUBTOTAL 1,331.50 UNIT 2 MAIN LEVEL 133.3 LEVEL 1 444.5 LEVEL 2 373.4 SUBTOTAL 951.2 TOTAL 2,282.70 SCALE: 3/16" = 1'-0"1MAIN LEVEL RESIDENCE GROSS 0 4'8'12'SCALE: 3/16" = 1'-0"2LEVEL 1 RESIDENCE GROSS 0 4'8'12'SCALE: 3/16" = 1'-0"3LEVEL 2 RESIDENCE GROSS 0 4'8'12'SCALE: 1' = 1'-0"5North Elevation 0 1/2''1''2'' Exhibit C.1 | Application 264 SHEET NUMBER SHEET TITLE IJ-5 PROPOSED BUILDING FAR CALCS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 12345678UP 12345678UPA A D D F F E E 1 1 2 2 B B E E G G C C UNIT 1 Main Level Area A: 43.4 sq ft Mechanical Area A: 77.5 sq ft UNIT 2 CARPORT AREA A: 432.0 sq ft UNIT 1 CARPORT AREA A: 287.8 sq ft UNIT 1 Main Level Area A: 80.4 sq ft UNIT 1 CARPORT AREA A: 234.0 sq ft UNIT 2 Main Level Area A: 52.8 sq ft Mechanical Area A: 27.4 sq ft UP DOWNUPDOWN12345678910111213UPA A D D F F E E 1 1 2 2 B B E E G G C C WW OPEN TOBELOW UNIT 2 Level 1 Area A: 439.5 sq ft UNIT 1 Level 1 Area A: 626.7 sq ft UPDOWNDOWN1234567891011121314UPA A D D F F E E 1 1 2 2 B B E E G G C C F FDECK DECK UNIT 1 Level 2 Area A: 478.7 sq ft UNIT 2 Level 2 Area A: 315.4 sq ft Deck Area Exempt (MU Zone) A: 87.9 sq ft Deck Area Exempt (MU Zone) A: 133.0 sq ft SPIRAL STAIR FPDOWNA D F E 1 1 2 2 B E G C DECK BELOW DECK BELOW Deck Area Exempt (MU Zone) A: 127.6 sq ft FUTURE SOLAR PANELS SLOPE 6:12 SLOPE 6:12 SLOPE 6:12 SLOPE 6:12 FUTURE SOLAR PANELS STAIRS TO ROOF DECK STAIR BULKHEAD UNIT 1 UNIT 2 MECHANICAL & EXEMPT AREA FAR AREA LEGEND UNIT 1 GROSS AREA LEGEND DECK UNIT 1 CARPORT UNIT 2 CARPORT FAR CALCULATIONS PROPOSED BUILDING 120 EAST MAIN, ASPEN CO 81611 FLOOR AREA SF COUNTABLE FLOOR AREA DECK UNIT 1 MECH.27.40 27.4 CARPORT 287.8+234=521.8- 250=271.8- 21.8=250/2=125 +21.8=146.8 146.8 MAIN LEVEL 123.8 123.8 LEVEL 1 626.7 626.7 LEVEL 2 478.7 478.7 87.9 ROOF DECK 127.6 SUBTOTAL 1,403.40 215.5 UNIT 2 MECH.77.5 77.5 CARPORT 432- 250=182/2=91 193.3 MAIN LEVEL 52.8 52.8 LEVEL 1 439.5 439.5 LEVEL 2 315.4 315.4 133 ROOF DECK 0 SUBTOTAL 1,078.50 133 TOTAL 2,481.90 348.50 SCALE: 3/16" = 1'-0"1MAIN LEVEL RESIDENCE FAR 0 4'8'12'SCALE: 3/16" = 1'-0"2LEVEL 1 RESIDENCE FAR 0 4'8'12'SCALE: 3/16" = 1'-0"3LEVEL 2 RESIDENCE FAR 0 4'8'12'SCALE: 3/16" = 1'-0"4ROOF RESIDENCE FAR 0 4'8'12' Exhibit C.1 | Application 265 SHEET NUMBER SHEET TITLE IJ-6 PROPOSED BUILDING NET LIVABLE CALCS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 12345678UP 12345678UPA A D D F F E E 1 1 2 2 B B E E G G C C Unit 2 Mech & Exempt Area A: 62.6 sq ft Unit 1 Livable Area A: 26.2 sq ft Unit 1 Livable Area A: 67.4 sq ft Unit 2 Livable Area A: 41.2 sq ft Unit 1 Mech & Exempt Area A: 21.0 sq ft UP DOWNUPDOWN12345678910111213UPA A D D F F E E 1 1 2 2 B B E E G G C C WW Unit 1 Livable Area A: 583.1 sq ft Unit 2 Livable Area A: 401.7 sq ft UPDOWNDOWN1234567891011121314UPA A D D F F E E 1 1 2 2 B B E E G G C C F FDECK DECK Unit 1 Livable Area A: 438.2 sq ft Unit 2 Livable Area A: 282.6 sq ft SPIRAL STAIR FP UNIT 1 LIVABLE AREA UNIT 1 MECHANICAL AREA NET LIVABLE LEGEND UNIT 2 MECHANICAL AREA UNIT 2 LIVABLE AREA NET LIVABLE AREA PRPOSED BUILDING 120 EAST MAIN, ASPEN CO 81611 UNIT 1 UNIT 2 LIVABLE AREA SF LIVABLE AREA SF Main Level 93.60 Main Level 41.20 Level 1 583.10 Level 1 401.70 Level 2 438.20 Level 2 282.60 TOTAL 1,114.90 TOTAL 725.50 MECHANICAL & EXEMPT AREA MECHANICAL & EXEMPT AREA Main Level 21.00 Main Level 62.60 Level 1 0.00 Level 1 0.00 Level 2 0.00 Level 2 0.00 TOTAL 21.00 TOTAL 62.60 SCALE: 3/16" = 1'-0"1MAIN LEVEL NET LIVABLE 0 4'8'12'SCALE: 3/16" = 1'-0"2LEVEL 1 NET LIVABLE 0 4'8'12'SCALE: 3/16" = 1'-0"3LEVEL 2 NET LIVEABLE 0 4'8'12'SCALE: 1' = 1'-0"5North Elevation 0 1/2''1''2'' Exhibit C.1 | Application 266 SHEET NUMBER SHEET TITLE IJ-7 ZONING CALCULATION SUMMARY NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 GROSS AREA EXISTING BUILDING 120 EAST MAIN, ASPEN CO 81611 LOWER LEVEL 4,143.7 MAIN LEVEL 3,927.1 TOTAL GROSS AREA 8,070.8 NET LEASABLE AREA EXISTING BUILDING 120 EAST MAIN, ASPEN CO 81611 LEASABLE AREA SF A-1 3,370.50 A-2 959.40 A-3 1,381.30 A-4 415.20 A-5 301.80 TOTAL 6,428.20 COMMON AREA C-1 225.90 C-2 259.60 C-3 50.30 TOTAL 535.80 MECHANICAL & EXEMPT AREA M-1 39.40 M-2 1.80 M-3 5.70 M-4 6.60 M-5 5.40 M-6 28.20 M-7 18.10 M-8 18.10 M-9 10.80 M-10 341.60 M-11 9.90 M-12 12.50 M-13 4.50 M-14 4.20 TOTAL 506.80 FAR CALCULATIONS PROPOSED BUILDING 120 EAST MAIN, ASPEN CO 81611 FLOOR AREA SF COUNTABLE FLOOR AREA DECK UNIT 1 MECH.27.40 27.4 CARPORT 287.8+234=521.8- 250=271.8- 21.8=250/2=125 +21.8=146.8 146.8 MAIN LEVEL 123.8 123.8 LEVEL 1 626.7 626.7 LEVEL 2 478.7 478.7 87.9 ROOF DECK 127.6 SUBTOTAL 1,403.40 215.5 UNIT 2 MECH.77.5 77.5 CARPORT 432- 250=182/2=91 193.3 MAIN LEVEL 52.8 52.8 LEVEL 1 439.5 439.5 LEVEL 2 315.4 315.4 133 ROOF DECK 0 SUBTOTAL 1,078.50 133 TOTAL 2,481.90 348.50 SUBGRADE WALL AREA 120 EAST MAIN, ASPEN CO 81611 LOWER LEVEL WALL ELEVATIONS TOTAL WALL AREA (SQFT) EXPOSED WALL AREA (SQFT) UNEXPOSED WALL AREA (SQFT) 1 470.3 83.1 387.2 2 341.8 166.5 175.3 3 546.9 80.4 466.5 4 280.9 280.9 5 46 46 6 160.9 160.9 7 144.7 144.7 8 44.3 44.3 OVERALL TOTAL WALL AREA 2,035.80 EXPOSED WALL AREA 330 % OF EXPOSED WALL (EXPOSED/TOTAL)16% UNEXPOSED WALL AREA 1,705.80 % OF UNEXPOSED WALL (UNEXPOSED/TOTAL)84% FAR CALCULATIONS EXISTING BUILDING 120 EAST MAIN, ASPEN CO 81611 ALLOWABLE FAR = 11,320 SF FLOOR AREA SF APPLICABLE SUBGRADE % COUNTABLE FLOOR AREA LOWER LEVEL 4,143.70 16%662.992 MAIN LEVEL 3,859.20 100%3,859.20 TOTAL FAR 4,522.19 GROSS AREA PROPOSED BUILDING 120 EAST MAIN, ASPEN CO 81611 UNIT 1 MAIN LEVEL 156.6 LEVEL 1 633.7 LEVEL 2 541.2 SUBTOTAL 1,331.50 UNIT 2 MAIN LEVEL 133.3 LEVEL 1 444.5 LEVEL 2 373.4 SUBTOTAL 951.2 TOTAL 2,282.70 NET LIVABLE AREA PRPOSED BUILDING 120 EAST MAIN, ASPEN CO 81611 UNIT 1 UNIT 2 LIVABLE AREA SF LIVABLE AREA SF Main Level 93.60 Main Level 41.20 Level 1 583.10 Level 1 401.70 Level 2 438.20 Level 2 282.60 TOTAL 1,114.90 TOTAL 725.50 MECHANICAL & EXEMPT AREA MECHANICAL & EXEMPT AREA Main Level 21.00 Main Level 62.60 Level 1 0.00 Level 1 0.00 Level 2 0.00 Level 2 0.00 TOTAL 21.00 TOTAL 62.60 Exhibit C.1 | Application 267 SHEET NUMBER SHEET TITLE IE-1 EXISTING BUILDING ELEVATION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 12/13/2023 4 3 2 1 T.O. PLY LOWER LEVEL 90'-4" T.O. PLY SPLIT LEVEL 93'-11" T.O. PLY MAIN LEVEL 99'-11" (Project 100) T.O. PLY SPLIT LEVEL 103'-41/2" T.O. CONC. BEAM 111'-11/2" T.O. RIDGE 117'-13/8" PROPOSED COMMERCIAL KITCHEN EXHAUST W/ HORIZONTAL WOOD RAIN SCREEN ENCLOSURE BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1West Elevation 0 2' 4'8' Proposed Building Perspective Exhibit C.1 | Application 268 SHEET NUMBER SHEET TITLE IE-1 EXISTING BUILDING ELEVATION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 12/13/2023 4 3 2 1 T.O. PLY LOWER LEVEL 90'-4" T.O. PLY SPLIT LEVEL 93'-11" T.O. PLY MAIN LEVEL 99'-11" (Project 100) T.O. PLY SPLIT LEVEL 103'-41/2" T.O. CONC. BEAM 111'-11/2" T.O. RIDGE 117'-13/8" PROPOSED COMMERCIAL KITCHEN EXHAUST W/ HORIZONTAL WOOD RAIN SCREEN ENCLOSURE BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1West Elevation 0 2' 4'8' Proposed Building Perspective Exhibit C.1 | Application 269 STANDING SEAM METAL ROOF 1X4 WOOD STAIN SIDING MATERIALS 120 E MAIN ST. COMPOSITE SIDING RAIN SCREEN SHEET NUMBER SHEET TITLE IH-1 3D SKETCHES NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103Glenwood SpringsCO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 12/13/2023 SIDEWALK LOOKING NORTH PATIO LOOKING NORTH PARKING LOOKING NORTH EAST DECK LOOKING AT ASPEN MOUNTAIN 1 2 3 Exhibit C.1 | Application 270 PARCEL A 11,320 SF +- 128 EAST MAIN BTRSARDY LLC W 10' LOT M BASIS OF BEARINGSMAIN STREET 100' RIGHT OF WAY #5 REBAR & YELLOW PLASTIC CAP PLS#2376 FOUND .20' BELOW GROUND 1.34' WITNESS PK & SHINER PLS 25947 FOUND FLUSH TBM EL=7896.49' #5 REBAR AND PLASTIC CAP ILLEGIBLE FOUND .10' BELOW GROUND #5 REBAR AND PLASTIC CAP PLS #28643 1 ' WITNESS CORNER FOUND .15' ABOVE GROUND #5 REBAR AND YELLOW PLASTIC CAP PLS# 37935 TO BE SET #5 REBAR AND YELLOW PLASTIC CAP PLS# 37935 TO BE SET #5 REBAR AND YELLOW PLASTIC CAP PLS# 37935 TO BE SET PK AND SHINER PLS# 37935 TO BE SET E 20' L O T M LOT NLOT OLOT KLOT LLOT PLOT C LOT D LOT E LOT FVICTORIANS AT BLEEKER PLAT BK 43 PG 16 ACCESS, UTILITY AND EMERGENCY EASEMENT PER BK 202 PG 429 BK 647 PG 767 LOT 1 US WEST SUBDIVISION PER PLAT BK 32 PG 11 10' FR O N T S E T B A C K 5' SIDE SETBACK5' SIDE SETBACK3' RE A R S E T B A C K 100 EAST MAIN STREET CONDOS PLAT BK 120 PG 7 APPROX. LOCATION OF RFTA 5'X3' EASEMENT PER BK 593 PG 529 EASEMENT PER REC. NO. 399186 PERMANENT POWER & SEWER EASEMENT PER BK 193 PG 89 N 75° 0 9 ' 1 1 " 1 0 . 0 0 ' UNIT G PARK I N G SPAC E P E R VICT O R I A N S AT BL E E K E R PLAT B K 4 3 P G 16 S 14°50'49" W 138.00'N 14°50'49" E 110.00'N 75° 0 9 ' 1 1 " W 80.00'N 14°50'49" E 28.00'S 75° 0 9 ' 1 1 " E 90.00' DRAFT P L A T O N L Y GRAPHI C D E PI C TI O N OF COM BI N E D L O T S A SUBDIVISION MERGING LOT 2 OF U S WEST SUBDIVISION WITH THE EASTERNLY 20 FEET OF ORIGINAL TOWNSITE LOT M, LOT N, AND LOT O, AND THE VACATED ALLEY OF BLOCK 66 CITY OF ASPEN PITKIN COUNTY, COLORADO VICINITY MAP Scale: 1"=2000' SITE PLAT NOTES TITLE COMPANY CERTIFICATE ASPEN CITY COUNCIL APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR REVIEW SURVEYOR'S CERTIFICATE CLERK AND RECORDER'S ACCEPTANCE OWNER'S CERTIFICATE THE UNDERSIGNED, A DULY-AUTHORIZED REPRESENTATIVE OF LAND TITLE GUARANTEE COMPANY, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15(J) OF THE ASPEN MUNICIPAL CODE, THAT 120 EAST MAIN STREET PARTNERS, LLC DOES HOLD FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN AND IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY LAND TITLE GUARANTEE COMPANY UNDER ORDER NO. ABS62013660-4. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT LAND TITLE GUARANTEE COMPANY, NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN. BY:_________________________________DATE______________ ____________________, TITLE OFFICER ADDRESS: _____________________ _____________________________ STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS __________ DAY OF ____________________, 2024, BY _____________________ AS TITLE OFFICER OF LAND TITLE GUARANTEE COMPANY. WITNESS MY HAND AND OFFICIAL __________________________________________ NOTARY PUBLIC MY COMMISSION EXPIRES: _______________________. MY ADDRESS IS: _______________________________. THIS FINAL PLAT OF THE AMENDED SUBDIVISION WAS APPROVED PURSUANT TO __________________________, RECORDED ___________________ AS RECEPTION NO. __________ AND THE CITY OF ASPEN HEREBY APPROVES THIS SUBDIVISION AMENDMENT. ______________________________________________________ TORRE, MAYOR DATE ATTEST: _____________________________ CITY CLERK THIS FINAL PLAT OF U S WEST AMENDED SUBDIVISION WAS REVIEWED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF ASPEN THIS ______ DAY OF ______________________, 2024. _______________________________ DIRECTOR I, _______________________, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY CERTIFY THAT IN ______________, A SURVEY OF THE HEREIN DESCRIBED PROPERTY WAS PERFORMED UNDER MY SUPERVISION AND DIRECTION, IN ACCORDANCE WITH COLORADO REVISED STATUTES 1973, TITLE 38, ARTICLE 51, AS AMENDED FROM TIME TO TIME, AND THAT THIS FINAL PLAT OF U S WEST AMENDED SUBDIVISION ACCURATELY AND SUBSTANTIALLY DEPICTS SAID SURVEY. THE CONTROL SURVEY PRECISION IS GREATER THAN 1/15,000. RECORDED EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS ARE THOSE SET FORTH IN THE TITLE COMMITMENT REFERENCED IN SURVEY NOTE 5 HEREON. ______________________________________________ THIS FINAL PLAT OF U S WEST AMENDED SUBDIVISION IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THIS ______ DAY OF _______________, 2024 IN PLAT BOOK _____ AT PAGE _____ , AS RECEPTION NO.________________. _______________________________________ PITKIN COUNTY CLERK AND RECORDER CITY ENGINEER'S CERTIFICATE THIS FINAL PLAT OF U S WEST AMENDED SUBDIVISION WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS THIS _________ DAY OF_________________ , 2024. ________________________________ CITY ENGINEER MORTGAGEE'S CERTIFICATE THE UNDERSIGNED, BEING ALL MORTGAGEES OF THE PROPERTIES SHOWN HEREON, HEREBY CONSENT AND APPROVE OF THE MAKING AND RECORDING OF THIS MAP OF THE U S WEST AMENDED SUBDIVISION. BY_______________________ STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ________ DAY OF ______________ , 2024, BY _________________. MY COMMISSION EXPIRES: ______________________________ WITNESS MY HAND AND SEAL: ________________________________ NOTARY PUBLIC 1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. ABS62014831, DATED EFFECTIVE NOVEMBER 23, 2022. 2) THE DATE OF THIS SURVEY WAS DECEMBER 08, 2021 AND DECEMBER 13, 2022. 3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S14°50'49"W BETWEEN THE 1' WITNESS CORNER TO THE SOUTHEAST CORNER OF LOT O , A #5 REBAR AND PLASTIC CAP PLS# 28643 FOUND IN PLACE AND THE 1.34' WITNESS CORNER TO THE SOUTHERLY ANGLE POINT OF LOT1 US WEST SUB. , A #5 REBAR AND YELLOW PLASTIC CAP PLS# 2376 FOUND IN PLACE. 4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET. 5) THIS SURVEY IS BASED ON THE US WEST SUBDIVISION RECORDED JULY 13, 1993 IN PLAT BOOK 32 PAGE 11, THE VICTORIANS AT BLEEKER CONDO MAP RECORDED JULY 07, 1997 IN PLAT BOOK 43 AT PAGE 16 AND THE 100 EAST MAIN STREET CONDO MAP RECORDED AUGUST 23, 2017 IN PLAT BOOK 120 AT PAGE 7 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE. 6) ACCORDING TO ORDINANCE NO. 60, SERIES OF 1976 RECORDED IN BOOK 321 AT PAGE 51, THE SUBJECT PROPERTY IS DESIGNATED HISTORIC DISTRICT. LEGAL DESCRIPTION PARCEL A: THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT , BLOCK 66, COUNTY OF PITKIN COUNTY, STATE OF COLORADO. MERGED WITH LOT 2 US WEST SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JULY 13, 1993 IN PLAT BOOK 32 AT PAGE 11 COUNTY OF PITKIN, STATE OF COLORADO. TO BE KNOWN AS LOT 1 AND INCLUDE 11,320 SF +-. WE, 120 EAST MAIN STREET PARTNERS, LLC AS OWNERS OF THE LAND INCLUDED IN THIS AMENDED PLAT AND DESCRIBED AS FOLLOWS: EXECUTED THIS _______ DAY OF _________ , 2024. ____________________ AS ATTORNEY IN FACT. STATE OF COLORADO ) CITY OF _______ )SS COUNTY OF _______ ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ________ DAY OF ______________, 2023, BY __________________________, A ________________ CORPORATION, ON BEHALF OF THE CORPORATION. MY COMMISSION EXPIRES __________________________. WITNESS MY HAND AND SEAL: _________________________________________________ NOTARY PUBLIC FINAL LEGAL DESCRIPTION SHALL BE COMPLETED FOR FINAL PLAT REVISED LEGAL DESCRIPTION TO BE COMPLETED FOR FINAL PLAT Exhibit C.1 | Application 271 1Cover SheetPROPERTY DESCRIPTIONLOCATION:120 E MAIN STREET, ASPEN, COOWNER:120 E MAIN PARTNERS LLCPARCEL NUMBER: 273512470002AREA:2,520 SQUARE FEETLEGAL DESCRIPTION: SUBDIVISION: US WEST LOT:2ZONING:MIXED USE (MU) & MEDIUMDENSITY RESIDENTIAL (R-6)120 E MAIN STREETASPEN, COCHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:2023-56NOT FORROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE, CO 81623 RFENG.BIZ | (970) 340-4130AWAJAKPROPOSED RESIDENTIAL DEVELOPMENT 120 EAST MAIN STREET ASPEN, COOf 51 LAND USE SUBMITTAL 12.18.23 JAK 2 LAND USE COMMENT RESPONSE 03.07.24 JAKLAND USEExhibit C.1 | Application272 COCOBBBBPPCOCHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:2023-56NOT FORROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE, CO 81623 RFENG.BIZ | (970) 340-4130AWAJAKPROPOSED RESIDENTIAL DEVELOPMENT 120 EAST MAIN STREET ASPEN, COOf 51 LAND USE SUBMITTAL 12.18.23 JAK 2 LAND USE COMMENT RESPONSE 03.07.24 JAK 2Site PlanExhibit C.1 | Application273 COCOBBBBPPCOCHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:2023-56NOT FORROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE, CO 81623 RFENG.BIZ | (970) 340-4130AWAJAKPROPOSED RESIDENTIAL DEVELOPMENT 120 EAST MAIN STREET ASPEN, COOf 51 LAND USE SUBMITTAL 12.18.23 JAK 2 LAND USE COMMENT RESPONSE 03.07.24 JAK 3Utility PlanExhibit C.1 | Application274 COCOBBBBPPCOCHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:2023-56NOT FORROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE, CO 81623 RFENG.BIZ | (970) 340-4130AWAJAKPROPOSED RESIDENTIAL DEVELOPMENT 120 EAST MAIN STREET ASPEN, COOf 51 LAND USE SUBMITTAL 12.18.23 JAK 2 LAND USE COMMENT RESPONSE 03.07.24 JAK 4Grading & Drainage PlanExhibit C.1 | Application275 COCOBBBBPPCOCHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:2023-56NOT FORROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE, CO 81623 RFENG.BIZ | (970) 340-4130AWAJAKPROPOSED RESIDENTIAL DEVELOPMENT 120 EAST MAIN STREET ASPEN, COOf 51 LAND USE SUBMITTAL 12.18.23 JAK 2 LAND USE COMMENT RESPONSE 03.07.24 JAK 5Impervious AreasExhibit C.1 | Application276 Preliminary Engineering Report 120 East Main Partners LLC 120 East Main Street Aspen, CO 81611 Prepared by: Roaring Fork Engineering 592 Hwy 133 Carbondale, CO 81623 March 2024 Exhibit C.1 | Application 277 Preliminary Engineering Report March 2024 i TABLE OF CONTENTS 1.0 Existing Conditions ....................................................................................................................... 1 1.1 Site Location, Access, & Hazards .................................................................................................... 1 1.2 Grading and Drainage ...................................................................................................................... 1 1.3 Geotechnical .................................................................................................................................... 1 2.0 Proposed Conditions ..................................................................................................................... 2 2.1 Grading and Drainage ...................................................................................................................... 2 2.2 Roads, Driveway, and Right-of-way ................................................................................................. 2 3.0 Utilities ............................................................................................................................................ 3 3.1 Water ................................................................................................................................................ 3 3.1.1 Existing ......................................................................................................................... 3 3.1.2 Proposed ...................................................................................................................... 3 3.2 Sanitary Sewer ................................................................................................................................. 3 3.2.1 Existing ......................................................................................................................... 3 3.2.2 Proposed ...................................................................................................................... 3 3.3 Electric.............................................................................................................................................. 3 3.3.1 Existing ......................................................................................................................... 3 3.3.2 Proposed ...................................................................................................................... 3 3.4 Communications .............................................................................................................................. 3 3.4.1 Existing ......................................................................................................................... 3 3.4.2 Proposed ...................................................................................................................... 4 3.5 Gas ................................................................................................................................................... 4 3.5.1 Existing ......................................................................................................................... 4 3.5.2 Proposed ...................................................................................................................... 4 FIGURES Figure 1: Pitkin County GIS Vicinity View ..................................................................................................... 1 APPENDICES Appendix A Project Location, Classification & Hazards Appendix B Stormwater Estimates, Rainfall Data, & Web Soil Survey Exhibit C.1 | Application 278 Preliminary Engineering Report March 2024 1 1.0 EXISTING CONDITIONS 1.1 SITE LOCATION, ACCESS, & HAZARDS The property addressed at 120 East Main Street is in downtown Aspen on a 2,520 square foot lot and documented as parcel ID number 273512470002. It currently is an asphalt paved parking area. There is an existing tree on the west side of the parking spaces and several utility pedestals and an electric transformer on the east side of the parcel. To the west is Victorians at Bleeker Condo Association, to the north is a parking lot attached to the Radio Free Aspen building, to the east is the Historic Sardy House, and to the south is the alley right of way with the rest of the 120 E Main Street property further south, currently occupied by Aspen Reprographics. There currently exists no known hazards for this site and there are no steep slopes (>30%) on the site. The site is not at risk for potential geologic hazards, flood due to 100-year event, or mudflow based on the November 1, 2001, Surface Drainage Master Plan for the City of Aspen and can be seen in the Appendix. The site is not located near or adjacent to any Federal Emergency Management Agency (FEMA) special flood hazard areas. The site is located within Zone X and can be seen in the Appendix. Figure 1: Pitkin County GIS Vicinity View 1.2 GRADING AND DRAINAGE The site is relatively flat, with less than 2 feet of grade change across the site sloping to the north. There is an existing storm system onsite as indicated by a drain grate and full infiltration drywell in the central north area of the north parking spaces. This drywell is known to be functioning based on the lack of local erosion and ice damming during winter thaw freeze periods. 1.3 GEOTECHNICAL The Geotechnical report has not been completed at this time. Once Roaring Fork Engineering receives the report, the civil design will be updated accordingly. Exhibit C.1 | Application 279 Preliminary Engineering Report March 2024 2 2.0 PROPOSED CONDITIONS The proposed project will be a development of the northern portion of the site. The asphalt parking will be replaced with a two-unit residential building being built above improved parking spaces. The small two- story residential building will be located along the west and north property lines, providing parking spaces below the proposed residential building and protecting the utility pedestals and electric transformer to the east. 2.1 GRADING AND DRAINAGE The civil design for the site will meet the requirements of the City of Aspen Urban Runoff Management Plan and is classified as a Major Project that is disturbing more than 1,000 square feet of the site but less than 25% of the entire site. The stormwater requirements for this classification of a project are to provide water quality treatment for the new impervious. Given that the site is so flat, the grading of the site will not vary much from existing. All roof area runoff will be collected by gutters and downspouts and directed to full infiltration drywells. An existing drywell is presently treating the existing runoff but is located too close to the property line and will conflict with the proposed development. This drywell will be relocated and used in conjunction with the other proposed drywell to treat all storm runoff from the proposed building and the impervious hardscape in the immediate area. Both drywells will be full infiltration and treat the runoff for water quality. A websoil survey indicates well draining soil and a percolation test will be performed prior to building permit to ensure the validity of this approach. Preliminary calculations are shown in the appendix for water quality treatment utilizing the full infiltration drywells. Existing drainage patterns will remain. 2.2 ROADS, DRIVEWAY, AND RIGHT-OF-WAY The proposed residential building and parking spaces will be accessed through the alley from the east side of North Garmisch Street. The alley dead ends and there is no exit to the east. Any disturbance to the alley will be replaced per City of Aspen Engineering Design Standards. No other improvements to the alley are proposed. Exhibit C.1 | Application 280 Preliminary Engineering Report March 2024 3 3.0 UTILITIES All utility connections, routing, and installation will adhere to City of Aspen Engineering Design Standards, City of Aspen Electric Standards, Aspen Consolidated Sanitation District, and other utility owner’s standards. 3.1 WATER 3.1.1 EXISTING There presently is no known water service in the area and no known water service in North Garmisch Street to the west. 3.1.2 PROPOSED The proposed residential building will rely on a water service connecting to the 6” cast iron pipe water main in North Garmisch Street. The size of the proposed service is currently unknown but will comply with City of Aspen Engineering standards. 3.2 SANITARY SEWER 3.2.1 EXISTING Aspen Consolidated Sanitation District has a sewer main within the alleyway, but no known service line is extended to the proposed residential building. 3.2.2 PROPOSED A new sewer service will be utilized for the proposed residential building. It is assumed that the grades for the sewer main are adequate and that there are no known issues with gravity draining. 3.3 ELECTRIC 3.3.1 EXISTING There is one existing transformer located on the east side of the parcel. From the survey, the neighboring properties use the transformer and the capacity in the transformer will be verified with City of Aspen Electric. An existing underground electrical line routes underneath the west side of the proposed residential building. This underground line will need to be relocated outside of the proposed residential building and adhere to City of Aspen Engineering and City of Aspen Electric Standards. 3.3.2 PROPOSED Should there be inadequate capacity, a new transformer will be proposed to replace the existing in the same location, meeting City of Aspen Engineering Design Standards. The service for the proposed design will be trenched down the alley connecting to the residential building while adhering to City of Aspen Engineering and City of Aspen Electric Standards. 3.4 COMMUNICATIONS 3.4.1 EXISTING There is existing communication lines and a pedestal in the northeast corner of the site. Exhibit C.1 | Application 281 Preliminary Engineering Report March 2024 4 3.4.2 PROPOSED Communication lines will be routed from the existing pedestal to the proposed residential building where appropriate. 3.5 GAS 3.5.1 EXISTING There is no known gas service extended to the site, but a gas main is located within the alley. 3.5.2 PROPOSED A gas service is not anticipated to be installed for the proposed building. Exhibit C.1 | Application 282 APPENDIX A Project Location, Classification & Hazards Exhibit C.1 | Application 283 Report Created: 12/6/2023 2:38:42 PM Parcel ID: 273512470002Pitkin County Parcel Report Upper Roaring Fork River Main Street Historic District No Zoning Overlay on this parcel AACP Not within a Caucus Area Watershed Subbasin Watershed Drainage Historic District Zone District Overlays Master Plan Area Caucus Boundaries Pitkin County Library Aspen School District No. 1 (RE) Aspen Fire Protection District City of Aspen Water Service Area Aspen Consolidated Sanitation District Library District School District Fire District Water District Sewer System Services Land Use Category Improvements Assessor's Information Township, Range, Section 2221.56 Sq. Feet 120 E MAIN ST Aspen GIS Parcel Size Address (Assessor's Records) Jurisdiction Property Information 0200: Vacant Land-Commercial Lot Roaring Fork River above Aspen 120 E MAIN 120 E MAIN ST ASPEN, CO 81611 R015722 120 EAST MAIN PARTNERS LLCOwner Account Owner Address T:10, R:85, S:12 Subdivision: US WEST Lot: 2Legal Description Refer to local regulationsZone District Exhibit C.1 | Application 284 2 4 U.S. House of Representatives District Board of County Commissioners District(s) State Senate District State House District Voting Precinct Voting Information 3 5 57 Center Lode Mining Claim, Little Cloud, Millionaire Millsite, Little Cloud Park, Prockter, Barbee, Jenny Adair Park, Armstrong AKA Crash Point, Reeder, Rubey Lot 7, Mill Street Parcel, Rubey Lot 6/ Williams Woods Red Mountain Rd, Recycle Center, Oklahoma Flats, Courthouse, Alps, W Hopkins Ave, E Hallam St, Puppy Smith, W Hopkins Path, Post Office, Trueman, Red Brick, S Seventh St, Rio Grande, Summit St Cutoff , John Denver Sanctuary, Trueman , Little Cloud, Scotties, Midland Trail , Ajax, Midland - 3rd St, Aspen Mountain Rd, W Hallam St, Lower Hunter Creek, Hunter Creek Extension, Ajax - Little Cloud connector, Top of Mill Crossover, Lone Pine, E Hopkins Ave, No Problem Joe, Rio Grande Park, Music Tent Paepcke Park, Yellow Brick School Park, Wagner Park, Pioneer Park, Hillyard Park, Triangle Park, Koch Lumber Park, Wheeler Park, Conner Memorial Park, Clapper Park, Francis Whitaker Park, Veterans Park, Willoughby ParK, Library Plaza, Lift One A Park, Aspen Alps Park, Rio Grande Park, John Denver Sanctuary, Herron Park, Newbury Park, Cooper Park, Hyman Park, Fox Crossing Park, Mary B Open Spaces Nearby (1/2 Mile) Trails Nearby (1/2 Mile) Parks Nearby (1/2 Mile) Public Amenities Watershed Subbasin Watershed Drainage Tax Information Address Retired Parcel Documents Parcel 273512470002 None Found Roaring Fork River above Aspen PITKIN COUNTY TV & FM TRA PITKIN COUNTY HUMAN SERVI ASPEN CONSOLIDATED SANITA ASPEN VALLEY HOSPITAL COLORADO MTN COLLEGE Total PITKIN COUNTY ROAD & BRID ASPEN HISTORIC PARK & REC COLORADO RIVER WATER CONS PITKIN COUNTY LIBRARY DIS PITKIN COUNTY OPEN SPACE PITKIN HEALTHY COMMUNITY ROARING FORK TRANSP AUTH ASPEN FIRE PROTECTION ASPEN AMBULANCE DISTRICT ASPEN SCHOOL DISTRICT PITKIN COUNTY GENERAL FUN CITY OF ASPEN 2.334 0.300 5.004 1.411 1.100 8.916 1.010 2.405 3.750 0.187 2.568 0.087 0.289 4.085 2.650 0.065 0.501 611.74 179.44 380.75 48.94 14.19 418.92 47.14 164.76 392.32 230.18 30.51 10.6 666.39 816.3 1454.47 81.73 432.3 AmountAuthorityMill Levy 36.662 $5,980.68 None Found Exhibit C.1 | Application 285 Pitkin County GIS presents the information and data on this report as a service to the public. Every effort has been made to ensure that the information and data contained in the report is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. http://www.pitkinmapsandmore.com Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. Disclaimer Data is presented in WGS 1984 Web Mercator. Size, shape, measurement and overlay of features may be distorted. In some cases, multiple results could be valid; for example, Zoning. In other cases, a parcel may cross over the boundary of more than one data area, for example, multiple Precincts. Visit the Pitkin County GIS Department at Exhibit C.1 | Application 286 MUnot zoned CC R/MF RR CL OS C AH R-15A A NC R-15BR-30 PUB R-6 L R/MFA C-1 SCI WPR-15 P PD PD PD PD PD GCS PD PD PD PD PD PD PD PD PD DRAINAGE PDLP PD PD PD PDPDPD PD LP LPLP PD LP PD PDLPLPLP PD PDLP PD LP DRAIN/TRANSLP PD PD LP PD PDLP PD LP PD PD PDLP PD PDLP LP PD PD LP PD PDPD PD PD PD LP PD LP L PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PDPD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PDPD PD PD PD PD PD PD PD LP PD PD LP PD PD LP PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD L PD PD PD PD PD PD PD PYRAM I DRDSORIGINALSTTRUSC O TTPL TEALCT OAK L NHIDEAWAYLN TWINRIDG ED R CA S CADE LN A A B C 1 00LACETLNB E NNETTBENCHRD S M U G GLERMTNRDOWL CREE K R D HARMONY R DUTE AVEWORLDCUPCTNMILLSTN 6TH STRI O GRA N DE PL STILLWATERLNCRYSTALLAKERDBRENDEN CTSESAME STTHUN D E R B OWL LNHW Y 8 2 S TA GE RD MIDLANDAVEROCH PL NGARMISCHSTS7TH S T N 7TH STN8THSTS1STSTS GALENASTS HUNTER STN4THSTN 1ST STN3RDSTS 4TH STN 5TH STSMONARCHSTSASPENSTN2NDSTSGARMISCHSTSHADYLNSMILLSTS5THSTHWY 8 2EXHIBITIONLNS WILLOW CTC H A NCECTSMILLSTW BLE E K E R S T PR O S P E C T O R RDBUNNY CT NSPRIN G ST BAY S T W O O D DUCKLNP O W D E R B O W L TRLUTE C T L ONEPINERD MTNLAURELDRMTNO AKSPL P A R K C I RALICE LNRIDGE PL R O A R ING FORK DR MUSICSCHOOLRDDALE AVE E HYM A N A V E ALTA VI S T A D R W NORTHST FRED LNNE A LEAVESILVERLODEDRMOLLY CTAABC 200 C A S T LE C R E EKRDPOWE RPLANTRDS SPRING STPITKIN W A Y W SMUGGLERST GI B SON AVECHATFIELDRD MAYFLOW E R C T HWY 82STAGERD LUPINE DRS P RUCE S T SAW M I L L C T MEADO W SR D B U S B A RNLNM OORE D RPEARL CT PF I S T E R D RGILLESPIE ST A V S C RDSTAGE C T W HYMAN A VE W FRA N C I S S T NORTHWAYDRE DUR A N T A V E WINTER WAY E MAI N S T WILLIAMSWAY W HAL L A M S T W MAINST E BLE E K E R S T E HOPKINSAVELAK E A V E GILB E R T S T MA G NIFICORD W HO P K I N S A V E C LUB CIR OREGO N TRL DEAN S T N WIL L O WCTARDMOREDRPARKAVESAGE CTMI NERS T R A IL R D SALVAT I O N CI RWOODWARDLN S IE V E RS CIRS IE R R A VISTAD R LA URE L LN QUE E N S TMAROONCTC L U B S I D E DR SHAVANODRMAROON CREE K RD BLACK B IRCHDRE BU T TERM I LK RDFIVETR E E S LN ACCES S L O O P MT NL A URELLNM TN L AURELCTSPRUCE CT E COO P E R A V EMEADOWSTRUSTEE ASPEN MTN RD WALNUT STTIE H A C K RDSIL V E R K I N G D R CEMETERYLNP F E I F E R P LBL UEB O NNETTRLSMEADOWLN RI V E R S I D E D R A R D M O RECTCINNAM O N C T F O RGERDOVERLOOKDRKINGSTCOTTO N WO O D L N GLEND E E R DASP E NMTNCUTOF F R D AJA X A V EHIG HSCH OOLRDRIDGE RD RACES T STILLWATERDRLI TT LE CL O U D T R LPASSGOLN CA STLE R IDGERDHUNTERCREEKT O LLRDM E A D O W OODDRP R IM R O S E PAT H DOOLIT TLEDRFAB IL OOPPUPPY S M IT HS T SRIVERSIDEAVEB O N IT A D R S K I M M INGLNM A ROONDRV IN E STPITKINMESADR B O O M E R A N G R DPLA CERL NMAP L E L N UTE PLGLEN G A R R Y D R WLUPINE DR S ABI NDRMTN VIEW DR W ESTVIEW DR DRAW DR SNOWBUNNY LNHERRONHOLLOW RD HUNTE R C R E E K RDNE LLE RICKS O NRD CAS TLECREEKDRSNEAKYLNMININGSTOCKPKWYGLENEAGLESDRE LUPINEDR WATER S AVEMCLAIN F LATSRD R E D BUTTEDR REDMTN RD HO M E S T A K E D R W B U T T E R MI L KRDMAROLTP LWT I E HACK RD FA L C O N R D A M E RICAN L N H EATHE R LN R O A R IN G FOR KRDJALAND A LN LARKS P UR LN RANCHR D REL AYRDS M U GGLER CUTOFFRD EASTW OOD DRISABELHAYRDEAIRPORTRDCOACH R D W REDS RD M C S K I MMIN G RD E REDS RD W R IGHTS RDPAEP C KEDRWILLOUGHBYWAY Date: 7/13/2022 City of Aspen Geographic Information Systems Planning & Zoning This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2022 City of Aspen GIS 0 1,450 2,900725 Feet 1 inch = 1,450 feet When printed at 11"x17" 4 CITY OF ASPEN ZONE DISTRICTS This map is a representation of ordinances and actions taken by the Aspen City Council. It may or may not accurately identify the zoning of a parcel with the City of Aspen. Please refer to the ordinances that relate to a property to determine its correct zoning, or any approved special uses. This map does NOT depict properties that are designated historic, within historic districts, or near mountain viewplanes. Separate maps for each of these areas are available. P P P PUB PUB MU R-6 MU R-6 MU MU CC R-15 PUB P CC R-6 MU PUB MU P R/MF P R-15 R-6 R-15 P AH R/MF CL CL NC AH R-6 P R/MF R-15 L PAH R-15 AH AH NC P SCI AH C R-6 R/MF L L CL CC C P L L R/MF R-6 P R-15 R-15 R-15 R/MFR-15A R-6 R/MFA R/MFAR-6 R-3 R-15 P C-1 R/MF R-6 SCI R-15 A PUB R-30 R-15 C P L C R-15 P L L PUB DRAINAGE PD PD PD LP PD LP LP LP PD PD LP LP LP PD PD LP PD LP DRAIN/TRANSLP PD PD LP PD PD LP LP PD LP PD PD LP DRAIN/TRANS LP PD PD LP PD PD PD PD PD LP PD L PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD LP PD PD LP PD PD LP PD PD PD PD PD PD PD PD PD PD PD PD L PD PD LP PD LP PD LP PD PD PD PD PDS 4TH STN 4TH STSOUTH A V E N 2ND STS HUNTER STS 1ST STS 2ND STS GALENA STS ASPEN STS MILL STS 3RD STN 1S T STBAY ST PARK AVE E JUANITA ST E SNARK ST UTECTE FRANCI S S T E BLEEKER ST S SPRING STW MAIN ST SASPENSTNRIVERSIDEAVENEALEAVEAJAXAV E SUMMIT ST E HALLAM ST E COOPER AVE W SMUGGLER ST E HYMAN AVE E HOPKINS AVE W FRANCIS ST W BLEEKER ST E HOPKINS AVE E HYMAN AVE DEAN STDEAN ST E MAIN STW MAIN ST E COOPER AVE W HYMAN AVE W HALLAM ST W HOPKINS AVE E BLEEKER ST E DURANT AVE SORIGINALSTS MONARCH STJUAN ST UTE PL GIBSONAVE QUE E N STEMAINST E COOPER AVEN MILL STE DURANT AVE OAKLN RIOGRANDE P L KING ST C OTTON W OODLN S MILL STLIT TLE CLO U D T R L SALP SRDASPE N M T N RD GIBS ON AVE PU P P Y S MITH ST MA P L E L N N SPRINGST S G A LENASTW ATERS AVE Zone District Designation L LodgeAH Affordable Housing R/MF Residential /Multi-Family R/MFA Residential /Multi-Family R-3 High Density Residential R-30 Low Density Residential R-6 Medium Density Residential R-15 Moderate Density Residential R-15-A Moderate Density Residential R-15B Moderate Density Residential RR Rural Residential MU Mixed Use SKI Ski Area Base C Conservation OS Open Space P Park A Academic PUB Public NC Neighborhood Commercial CL Commercial Lodge CC Commercial Core C-1 Commercial WP Wildlife Preservation SCI Service Commercial Industrial Zone District Overlay Drainage Planned Development Lodge + Planned Development Lodge Preservation Drainage + Transportation Environmentaly Sensitive Area Golf Course Support + Planned Development Lodge Preservation + Planned Development Legend Roads City of AspenGreenline 8040 Exhibit C.1 | Application 287 Table 1.1 General Requirements for Minor and Major Projects Project Type* Area added OR disturbed Project Classification General Requirements Disturbing less than 200 sq ft < 200 square feet -------- No requirements Landscaping or grading only, and No hardscape, and no change to drainage pattern 200 – 1000 square feet --------- No requirements Landscaping or grading only that might include hardscape or change in grade or drainage pattern, small additions, small scrape and replace 200 – 1000 square feet Minor • WQCV or drain to green space for the impervious (hardscape) area • CMP Refinishing a driveway only (retaining or decreasing impervious area square footage) Limited to the exact footprint of the existing driveway Minor • CMP if greater than 1000 square feet • WQCV or drain to green space for the impervious (hardscape) area Interior work only < 50% demolished Minor CMP if greater than 400 square feet of work Interior work only, Pre-project lot coverage of 0-50% > 75% demolished (< 75% is still a minor) Major • CMP • WQCV for the entire area • Conveyance of major flows • Detention to the historic undeveloped rate or FIL for the entire area, unless discharging directly to the City’s stormwater system depicted in Figure 1.1. • Requires Professional Engineer Exhibit C.1 | Application 288 Notes: 1 Special Circumstances: Any work, regardless of amount or size, performed on historic properties, in environmentally sensitive areas, geologic hazard areas, in jurisdictional or non-jurisdictional floodplains, or work that impacts trees may be required to submit information for permit review and may be required to provide a more detailed drainage analysis and design than suggested in the table above. 2 The de minimis threshold for minor projects applies only to a single addition on a given piece of property. If cumulative additions on a property over a three-year period after the CO is issued increase the impervious area by more than 1000 square feet, “major” project requirements and evaluations will apply to all impervious areas that are in addition to the “baseline” imperviousness determined from the 2008 aerial photography. 3 Pre-project lot coverage is determined by dividing the total hardscape footprint on the lot (house, driveway, patios, sidewalks, etc.) by the total lot area. Interior demolition is measured by the square footage of the room renovated/modified divided by the total square footage of the structure. Interior work only, Pre-project lot coverage of 50-100% > 50% demolished Major • CMP • WQCV for the entire area • Conveyance of major flows • Detention to the historic undeveloped rate or FIL for the entire area, unless discharging directly to the City’s stormwater system depicted in Figure 1.1. • Requires Professional Engineer Landscaping, grading, installing or disturbing hardscapes, additions to structures, etc. > 1000 square feet and < 25% of the entire site Major • CMP • WQCV for the new impervious area • Conveyance of major flows • Detention to the historic undeveloped rate or FIL for the disturbed or added area, unless discharging directly to the City’s stormwater system depicted in Figure 1.1. • Requires Professional Engineer Landscaping, grading, installing or disturbing hardscapes, additions to structures, scrape and replace, interior remodel combined with exterior work, etc. > 1000 square feet and > 25% of the entire site Major • CMP • WQCV for the entire area • Conveyance of major flows • Detention to the historic undeveloped rate or FIL for the entire area, unless discharging directly to the City’s stormwater system depicted in Figure 1.1. • Requires Professional Engineer Exhibit C.1 | Application 289 Figure 1.1 – City of Aspen Stormwater System Carrying the 10-year Flow Exhibit C.1 | Application 290 Exhibit C.1 | Application291 Exhibit C.1 | Application292 Exhibit C.1 | Application293 National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 12/6/2023 at 3:40 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 106°49'39"W 39°11'43"N 106°49'1"W 39°11'15"N Basemap Imagery Source: USGS National Map 2023 Exhibit C.1 | Application 294 APPENDIX B Stormwater Estimates, Rainfall Data, & Web Soil Survey Exhibit C.1 | Application 295 InputCalculationBasinBasin NameTotal AreaImp. Area Imperv-iousnessReq'd WQCV (depth) Req'd WQCV (vol.)Decid. Area Conif. AreaPerv. Paver AreaGrass Buffer AreaDrywell Vol.Perv. Paver RatioGrass Buffer RatioCanopy CreditPerv. Paver CreditGrass Buffer CreditEff. Imp. AreaEff. Imperv-iousnessEff. WQCV (depth)Net WQCV (#)(sq. ft.)(sq. ft.)(%)(in)(cu. ft.)(sq. ft.)(sq. ft.)(sq. ft.)(sq. ft.)(cu. ft.)(sq. ft.)(sq. ft.)(sq. ft.)(sq. ft.)(%)(in)(cu. ft.)SiteSite94169416100%0.256200.50.00.000.00393210009416100%0.26-192.2Total 94169416100%0.256200.500003930009416100%0.26-192.2LegendExhibit C.1 | Application296 Duration (min.) Rainfall Intensity (in/hr) Inflow Volume (ft3) Outflow Volume (ft3) Storage Volume (ft3) Condition Developed Historic 0.00 0.00 0.00 0.00 0.00 Area / ft^2 9416 9416 1.00 8.77 102.71 145.92 -43.21 Aimp / ft^2 9416 188 2.00 8.00 187.45 159.02 28.44 Soil Type B B 3.00 7.35 258.47 172.12 86.36 Lo / ft 25 25 4.00 6.80 318.78 185.22 133.57 So / ft/ft 0.02 0.06 5.00 6.33 370.58 198.31 172.27 Lf / ft 25 25 6.00 5.91 415.51 211.41 204.09 Sf / ft/ft 0.02 0.02 7.00 5.54 454.81 224.51 230.29 K 10 10 8.00 5.22 489.44 237.61 251.83 9.00 4.93 520.18 250.71 269.47 % Imp 100.00%2.00%10.00 4.67 547.62 263.81 283.80 C5 0.86 0.01 11.00 4.44 572.24 276.91 295.33 C10 0.87 0.07 12.00 4.23 594.45 290.01 304.43 C100 0.90 0.44 13.00 4.03 614.56 303.11 311.45 To /min 1.72 5.44 14.00 3.86 632.86 316.21 316.65 Vf /ft/sec 1.41 1.41 15.00 3.70 649.56 329.31 320.25 Tf /min 0.29 0.29 16.00 3.55 664.86 342.41 322.45 Tc,i /min 5.00 5.73 17.00 3.41 678.91 355.51 323.40 TR / min 5.00 10.14 18.00 3.28 691.87 368.61 323.26 Td / min 5.00 10.14 `19.00 3.16 703.84 381.71 322.12 I10 / in/hr 3.96 2.90 20.00 3.05 714.92 394.81 320.11 I100 / in/hr 6.33 4.64 21.00 2.95 725.22 407.91 317.31 Q10 / cfs 0.74 0.05 22.00 2.85 734.79 421.01 313.78 Q100 / cfs 1.23 0.44 23.00 2.76 743.72 434.11 309.61 24.00 2.67 752.07 447.21 304.86 25.00 2.59 759.87 460.31 299.56 Return Period P1 / in/hr 26.00 2.52 767.19 473.41 293.78 2-yr 0.47 27.00 2.45 774.06 486.51 287.55 5-yr 0.64 28.00 2.38 780.52 499.61 280.92 10-r 0.77 25-yr 0.95 Target Volume by FAA Method # 50-yr 1.09 100-yr 1.23 IDF for Aspen, CO Site From Table 2.2 of COA URMP (page 2-2), Rainfall Intensity-Duration-Frequency (IDF) in Aspen, CO Exhibit C.1 | Application 297 12/6/23, 2:23 PM Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/pfds/pfds_printpage.html?lat=39.1915&lon=-106.8222&data=intensity&units=english&series=pds 1/4 NOAA Atlas 14, Volume 8, Version 2 Location name: Aspen, Colorado, USA* Latitude: 39.1915°, Longitude: -106.8222° Elevation: 7901 ft** * source: ESRI Maps ** source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES Sanja Perica, Deborah Martin, Sandra Pavlovic, Ishani Roy, Michael St. Laurent, Carl Trypaluk, Dale Unruh, Michael Yekta, Geoffery Bonnin NOAA, National Weather Service, Silver Spring, Maryland PF_tabular | PF_graphical | Maps_&_aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches/hour)1 Duration Average recurrence interval (years) 1 2 5 10 25 50 100 200 500 1000 5-min 1.51 (1.30‑1.81) 2.08 (1.78‑2.48) 2.99 (2.54‑3.60) 3.74 (3.16‑4.54) 4.78 (3.80‑6.06) 5.57 (4.30‑7.22) 6.36 (4.67‑8.56) 7.16 (4.96‑10.0) 8.22 (5.38‑12.0) 9.01 (5.70‑13.4) 10-min 1.11 (0.948‑1.33) 1.52 (1.30‑1.82) 2.18 (1.86‑2.63) 2.74 (2.31‑3.32) 3.50 (2.78‑4.44) 4.07 (3.15‑5.29) 4.66 (3.42‑6.26) 5.24 (3.62‑7.33) 6.01 (3.94‑8.75) 6.59 (4.18‑9.82) 15-min 0.900 (0.772‑1.08) 1.24 (1.06‑1.48) 1.78 (1.51‑2.14) 2.23 (1.88‑2.70) 2.84 (2.26‑3.61) 3.32 (2.56‑4.30) 3.78 (2.78‑5.09) 4.26 (2.95‑5.96) 4.89 (3.20‑7.11) 5.36 (3.39‑7.99) 30-min 0.566 (0.484‑0.678) 0.770 (0.658‑0.924) 1.10 (0.934‑1.32) 1.36 (1.15‑1.65) 1.72 (1.37‑2.18) 1.99 (1.53‑2.57) 2.25 (1.65‑3.02) 2.51 (1.74‑3.50) 2.85 (1.86‑4.13) 3.10 (1.96‑4.61) 60-min 0.369 (0.315‑0.442) 0.473 (0.404‑0.567) 0.640 (0.544‑0.771) 0.777 (0.655‑0.942) 0.961 (0.766‑1.22) 1.10 (0.850‑1.42) 1.24 (0.909‑1.66) 1.37 (0.949‑1.92) 1.55 (1.01‑2.25) 1.68 (1.06‑2.50) 2-hr 0.227 (0.195‑0.270) 0.280 (0.241‑0.334) 0.366 (0.313‑0.437) 0.436 (0.370‑0.524) 0.531 (0.426‑0.666) 0.603 (0.469‑0.772) 0.674 (0.499‑0.894) 0.744 (0.520‑1.03) 0.836 (0.553‑1.20) 0.905 (0.578‑1.33) 3-hr 0.180 (0.155‑0.213) 0.211 (0.182‑0.251) 0.263 (0.226‑0.313) 0.306 (0.260‑0.366) 0.365 (0.296‑0.457) 0.411 (0.323‑0.525) 0.457 (0.341‑0.605) 0.505 (0.355‑0.693) 0.567 (0.378‑0.810) 0.615 (0.395‑0.898) 6-hr 0.121 (0.105‑0.142) 0.135 (0.117‑0.159) 0.159 (0.137‑0.188) 0.180 (0.154‑0.214) 0.212 (0.174‑0.265) 0.237 (0.189‑0.303) 0.265 (0.200‑0.349) 0.294 (0.209‑0.402) 0.335 (0.226‑0.475) 0.367 (0.238‑0.530) 12-hr 0.078 (0.068‑0.091) 0.087 (0.076‑0.101) 0.102 (0.089‑0.120) 0.117 (0.101‑0.138) 0.138 (0.115‑0.172) 0.157 (0.126‑0.199) 0.177 (0.135‑0.231) 0.198 (0.143‑0.269) 0.229 (0.156‑0.322) 0.254 (0.167‑0.362) 24-hr 0.049 (0.043‑0.057) 0.055 (0.048‑0.064) 0.066 (0.058‑0.078) 0.077 (0.067‑0.090) 0.092 (0.077‑0.114) 0.106 (0.085‑0.133) 0.120 (0.092‑0.155) 0.135 (0.098‑0.181) 0.156 (0.108‑0.217) 0.174 (0.115‑0.244) 2-day 0.029 (0.026‑0.034) 0.034 (0.030‑0.039) 0.041 (0.036‑0.048) 0.048 (0.042‑0.056) 0.058 (0.049‑0.071) 0.067 (0.054‑0.083) 0.075 (0.058‑0.096) 0.085 (0.062‑0.112) 0.098 (0.068‑0.134) 0.108 (0.072‑0.150) 3-day 0.022 (0.019‑0.025) 0.025 (0.022‑0.029) 0.031 (0.027‑0.035) 0.036 (0.031‑0.041) 0.043 (0.036‑0.052) 0.049 (0.040‑0.060) 0.055 (0.043‑0.070) 0.062 (0.046‑0.082) 0.071 (0.050‑0.097) 0.079 (0.053‑0.109) 4-day 0.018 (0.016‑0.021) 0.020 (0.018‑0.023) 0.025 (0.022‑0.029) 0.029 (0.025‑0.033) 0.034 (0.029‑0.042) 0.039 (0.032‑0.048) 0.044 (0.034‑0.056) 0.049 (0.036‑0.064) 0.056 (0.040‑0.076) 0.062 (0.042‑0.085) 7-day 0.012 (0.011‑0.014) 0.014 (0.012‑0.016) 0.017 (0.015‑0.019) 0.019 (0.017‑0.022) 0.023 (0.019‑0.027) 0.025 (0.021‑0.031) 0.028 (0.022‑0.036) 0.031 (0.023‑0.041) 0.036 (0.025‑0.048) 0.039 (0.027‑0.053) 10-day 0.010 (0.009‑0.011) 0.011 (0.010‑0.013) 0.013 (0.012‑0.015) 0.015 (0.013‑0.017) 0.018 (0.015‑0.021) 0.020 (0.016‑0.024) 0.022 (0.017‑0.027) 0.024 (0.018‑0.031) 0.027 (0.019‑0.036) 0.029 (0.020‑0.040) 20-day 0.007 (0.006‑0.008) 0.008 (0.007‑0.009) 0.009 (0.008‑0.010) 0.010 (0.009‑0.011) 0.011 (0.010‑0.013) 0.012 (0.010‑0.015) 0.014 (0.011‑0.017) 0.015 (0.011‑0.019) 0.016 (0.012‑0.022) 0.018 (0.012‑0.024) 30-day 0.005 (0.005‑0.006) 0.006 (0.005‑0.007) 0.007 (0.006‑0.008) 0.008 (0.007‑0.009) 0.009 (0.008‑0.011) 0.010 (0.008‑0.012) 0.011 (0.009‑0.013) 0.012 (0.009‑0.015) 0.013 (0.009‑0.017) 0.014 (0.009‑0.018) 45-day 0.004 (0.004‑0.005) 0.005 (0.005‑0.006) 0.006 (0.005‑0.007) 0.007 (0.006‑0.007) 0.007 (0.006‑0.009) 0.008 (0.007‑0.010) 0.009 (0.007‑0.011) 0.009 (0.007‑0.012) 0.010 (0.007‑0.013) 0.011 (0.007‑0.014) 60-day 0.004 (0.003‑0.004) 0.004 (0.004‑0.005) 0.005 (0.005‑0.006) 0.006 (0.005‑0.007) 0.007 (0.006‑0.008) 0.007 (0.006‑0.008) 0.008 (0.006‑0.009) 0.008 (0.006‑0.010) 0.009 (0.006‑0.011) 0.009 (0.006‑0.012) 1 Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Back to Top PF graphical Exhibit C.1 | Application 298 12/6/23, 2:23 PM Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/pfds/pfds_printpage.html?lat=39.1915&lon=-106.8222&data=intensity&units=english&series=pds 2/4 Back to Top Maps & aerials Small scale terrain Exhibit C.1 | Application 299 12/6/23, 2:23 PM Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/pfds/pfds_printpage.html?lat=39.1915&lon=-106.8222&data=intensity&units=english&series=pds 3/4 Large scale terrain Large scale map Large scale aerial + – 3km 2mi + – 100km 60mi + – 100km 60mi Exhibit C.1 | Application 300 12/6/23, 2:23 PM Precipitation Frequency Data Server https://hdsc.nws.noaa.gov/pfds/pfds_printpage.html?lat=39.1915&lon=-106.8222&data=intensity&units=english&series=pds 4/4 Back to Top US Department of Commerce National Oceanic and Atmospheric Administration National Weather Service National Water Center 1325 East West Highway Silver Spring, MD 20910 Questions?: HDSC.Questions@noaa.gov Disclaimer + – 100km 60mi Exhibit C.1 | Application 301 United States Department of Agriculture A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Natural Resources Conservation Service December 6, 2023 Exhibit C.1 | Application 302 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 Exhibit C.1 | Application 303 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Exhibit C.1 | Application 304 Contents Preface....................................................................................................................2 How Soil Surveys Are Made..................................................................................5 Soil Map..................................................................................................................8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................12 Map Unit Descriptions........................................................................................12 Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties...................................................................................................14 107—Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely s..14 References............................................................................................................16 4 Exhibit C.1 | Application 305 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 Exhibit C.1 | Application 306 scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report 6 Exhibit C.1 | Application 307 identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. Custom Soil Resource Report 7 Exhibit C.1 | Application 308 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 Exhibit C.1 | Application 309 9 Custom Soil Resource Report Soil Map 43396014339608433961543396224339629433963643396434339650433959443396014339608433961543396224339629433963643396434339650342623 342630 342637 342644 342651 342658 342616 342623 342630 342637 342644 342651 342658 39° 11' 30'' N 106° 49' 20'' W39° 11' 30'' N106° 49' 18'' W39° 11' 28'' N 106° 49' 20'' W39° 11' 28'' N 106° 49' 18'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84 0 10 20 40 60 Feet 0 4 8 16 24 Meters Map Scale: 1:279 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. Exhibit C.1 | Application 310 MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Survey Area Data: Version 14, Aug 23, 2023 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Sep 5, 2021—Sep 7, 2021 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background Custom Soil Resource Report 10 Exhibit C.1 | Application 311 MAP LEGEND MAP INFORMATION imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report 11 Exhibit C.1 | Application 312 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 107 Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely s 0.3 100.0% Totals for Area of Interest 0.3 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, Custom Soil Resource Report 12 Exhibit C.1 | Application 313 onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. Custom Soil Resource Report 13 Exhibit C.1 | Application 314 Aspen-Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties 107—Uracca, moist-Mergel complex, 1 to 6 percent slopes, extremely s Map Unit Setting National map unit symbol: jq4g Elevation: 6,800 to 8,400 feet Mean annual precipitation: 16 to 19 inches Mean annual air temperature: 40 to 43 degrees F Frost-free period: 75 to 95 days Farmland classification: Not prime farmland Map Unit Composition Uracca, moist, and similar soils:50 percent Mergel and similar soils:40 percent Minor components:10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Uracca, Moist Setting Landform:Structural benches, valley sides, alluvial fans Down-slope shape:Linear Across-slope shape:Linear Parent material:Mixed alluvium derived from igneous and metamorphic rock Typical profile H1 - 0 to 8 inches: cobbly sandy loam H2 - 8 to 15 inches: very cobbly sandy clay loam H3 - 15 to 60 inches: extremely cobbly loamy sand Properties and qualities Slope:1 to 6 percent Depth to restrictive feature:More than 80 inches Drainage class:Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat):Moderately high to high (0.20 to 2.00 in/hr) Depth to water table:More than 80 inches Frequency of flooding:None Frequency of ponding:None Calcium carbonate, maximum content:10 percent Available water supply, 0 to 60 inches: Very low (about 2.6 inches) Interpretive groups Land capability classification (irrigated): 6s Land capability classification (nonirrigated): 6s Hydrologic Soil Group: B Ecological site: R048AY237CO - Stony Loam Other vegetative classification: Stony Loam (null_82) Hydric soil rating: No Custom Soil Resource Report 14 Exhibit C.1 | Application 315 Description of Mergel Setting Landform:Alluvial fans, structural benches, valley sides Down-slope shape:Linear Across-slope shape:Linear Parent material:Glacial outwash Typical profile H1 - 0 to 8 inches: cobbly loam H2 - 8 to 20 inches: very cobbly sandy loam H3 - 20 to 60 inches: extremely stony sandy loam Properties and qualities Slope:1 to 6 percent Depth to restrictive feature:More than 80 inches Drainage class:Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat):Moderately high to high (0.60 to 6.00 in/hr) Depth to water table:More than 80 inches Frequency of flooding:None Frequency of ponding:None Calcium carbonate, maximum content:10 percent Available water supply, 0 to 60 inches: Low (about 3.3 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability classification (nonirrigated): 4s Hydrologic Soil Group: A Ecological site: R048AY237CO - Stony Loam Other vegetative classification: Stony Loam (null_82) Hydric soil rating: No Minor Components Other soils Percent of map unit:10 percent Hydric soil rating: No Custom Soil Resource Report 15 Exhibit C.1 | Application 316 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 16 Exhibit C.1 | Application 317 United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report 17 Exhibit C.1 | Application 318 = input= calculationDATE:PROJECT NAME: PROJECT ADDRESS: APPLICANT CONTACT INFORMATION:NAME, COMPANY, ADDRESS, PHONE, EMAILMinor Entering Exiting Total Entering Exiting Total Commercial (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00Free-Market Housing (Units)2 Units 0.39 0.95 1.34 0.92 0.72 1.64Affordable Housing (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00Lodging (Units)0 Units 0.00 0.00 0.00 0.00 0.00 0.00Essential Public Facility (sf)0.0 sf 0.00 0.00 0.00 0.00 0.00 0.00 0.39 0.95 1.34 0.92 0.72 1.64 Land Use Trip Rate %Entering %Exiting Trip Rate %Entering %Exiting Commercial 2.27 0.69 0.31 4.14 0.4 0.6 Free-Market Housing 0.67 0.29 0.71 0.82 0.56 0.44 Affordable Housing 0.75 0.48 0.52 0.89 0.55 0.45 Lodging 0.25 0.57 0.43 0.31 0.52 0.48 Essential Public Facility 0.86 0.62 0.38 1.66 0.4 0.6 Net New Units/Square Feet of the Proposed ProjectProposed Land Use *For mixed-use (at least two of the established land uses) sites, a 4% reduction for AM Peak-Hour and a 14% reduction for PM Peak-Hour is applied to the trip generation. 120 E Main Street Partners, LLC. 1390 Lawrence Street Denver, CO 80204 970-710-9539rshaw@designworkshop.comTrip Generation 12/15/2023AM Peak AveragePM Peak AverageTrips Generated AM Peak-Hour PM Peak-Hour TOTAL NEW TRIPS ASSUMPTIONS ASPEN TRIP GENERATIONIs this a major or minor project?120 E Main St Old Pitkin County Library Historic Designation Instructions: IMPORTANT: Turn on Macros: In order for code to run correctly the security settings need to be altered. Click "File" and then click "Excel Options." In the "Trust Center" category, click "Trust Center Settings", and then click the "Macro Settings" category. Beneath "Macro Settings" select "Enable all Macros." Sheet 1. Trip Generation: Enter the project's square footage and/or unit counts under Proposed Land Use. The numbers should reflect the net change in land use between existing and proposed conditions. If a landuse is to be reduced put a negative number of units or square feet. Sheet 2. MMLOS: Answer Yes, No, or Not Applicable under each of the Pedestrian, Bike and Transit sections. Points are only awarded for proposed (not existing) and confirmed aspects of the project. Sheet 3. TDM: Choose the mitigation measures that are appropriate for your project.Sheet 4. Summary and Narrative: Review the summary of the project's mitigated trips and provide a narrative which explains the measures selected for the project. Click on "Generate Narrative" and individually explain each measure that was chosen and how it enhances the site or mitigates vehicle traffic. Ensure each selected measure make sense Minor Development - Inside the Roundabout Major Development - Outside the RoundaboutHelpful Hints: 1. Refer to the Transportation Impact Analysis Guidelines for information on the use of this tool.2. Refer to TIA Frequently Asked Questions for a quick overview. 2. Hover over red corner tags for additional information on individual measures. 3. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use.Transportation Impact Analysis TIA Frequently Asked QuestionsExhibit C.1 | Application 319 = input= calculation5CategorySub.Measure NumberQuestionAnswerPoints1Does the project propose a detached sidewalk where an attached sidewalk currently exists? Does the proposed sidewalk and buffer meet standard minimum widths? No 02Is the proposed effective sidewalk width greater than the standard minimum width?No 03Does the project propose a landscape buffer greater than the standard minimum width?No 004Does the project propose a detached sidewalk on an adjacent block? Does the proposed sidewalk and buffer meet standard minimum widths? No 05Is the proposed effective sidewalk width on an adjacent block greater than the standard minimum width?No 06Is the proposed landscape buffer on an adjacent block greater than the standard minimum width?No 007Are slopes between back of curb and sidewalk equal to or less than 5%?Yes 08Are curbs equal to (or less than) 6 inches?Yes 09Is new large-scale landscaping proposed that improves the pedestrian experience? Properties within the Core do not have ample area to provide the level of landscaping required to receive credit in this category. No 010Does the project propose an improved crosswalk? This measure must get City approval before receiving credit. No 0011Are existing driveways removed from the street?No 012Is pedestrian and/or vehicle visibility unchanged by new structure or column?Yes 013Is the grade (where pedestrians cross) on cross-slope of driveway 2% or less?Yes 014Does the project propose enhanced pedestrian access points from the ROW? This includes improvements to ADA ramps or creating new access points which prevent pedestrians from crossing a street. No 015Does the project propose enhanced pedestrian or bicyclist interaction with vehicles at driveway areas?No 0016Is the project's pedestrian directness factor less than 1.5?Yes 017Does the project propose new improvements which reduce the pedestrian directness factor to less than 1.2? A site which has an existing pedestrian directness factor less than 1.2 cannot receive credit in this category. No 018Is the project proposing an off site improvement that results in a pedestrian directness factor below 1.2?* No 019Are traffic calming features proposed that are part of an approved plan (speed humps, rapid flash)?*No 0020Are additional minor improvements proposed which benefit the pedestrian experience and have been agreed upon with City of Aspen staff? No 021Are additional major improvements proposed which benefit the pedestrian experience and have been agreed upon with City of Aspen staff? No 000PedestriansSubtotalAdditional Proposed ImprovementsTOTAL NUMBER OF TRIPS MITIGATED:Pedestrian RoutesTraffic Calming and Pedestrian NetworkDriveways, Parking, and Access ConsiderationsMMLOS Input PageSubtotalSubtotalSidewalk Condition on Adjacent BlocksSidewalk Condition on Project FrontageSubtotalInstructions: Answer Yes, No, or Not Applicable to each measure under the Pedestrian, Bike and Transit sections. SubtotalSubtotalPedestrian Total*Exhibit C.1 | Application 320 CategorySub.Measure NumberQuestionAnswerPoints22Is a new bicycle path being implemented with City approved design? No 023Do new bike paths allow access without crossing a street or driveway?No 024Is there proposed landscaping, striping, or signage improvements to an existing bicycle path?No 025Does the project propose additional minor bicycle improvements which have been agreed upon with City of Aspen staff?No 026Does the project propose additional major bicycle improvements which have been agreed upon with City of Aspen staff?No 00Bicycle Parking27Is the project providing bicycle parking?Yes 555CategorySub.Measure NumberQuestionAnswerPoints28Is seating/bench proposed?No 029Is a trash receptacle proposed?No 030Is transit system information (signage) proposed?No 031Is shelter/shade proposed?No 032Is enhanced pedestrian-scale lighting proposed?No 033Is real-time transit information proposed?No 034Is bicycle parking/storage proposed specifically for bus stop use? No 035Are ADA improvements proposed?No 0036Is a bus pull-out proposed at an existing stop?No 037Is relocation of a bus stop to improve transit accessibility or roadway operations proposed?No 038Is a new bus stop proposed (with minimum of two basic amenities)? No 000TransitBasic AmenitiesSubtotalSubtotalEnhanced AmenitiesSubtotalSubtotalBicycles Total*Transit Total*BicyclesModifications to Existing Bicycle PathsExhibit C.1 | Application 321 CategoryMeasure NumberSub. QuestionAnswer Strategy VMT ReductionsWill an onsite ammenities strategy be implemented?NoWhich onsite ammenities will be implemented?Will a shared shuttle service strategy be implemented?NAWhat is the degree of implementation? What is the company size? What percentage of customers are eligible?3Nonmotorized Zones Will a nonmotorized zones strategy be implemented?No0.00%0.00%CategoryMeasure NumberSub. QuestionAnswer Strategy VMT ReductionsWill a network expansion stragtegy be implemented?NoWhat is the percentage increase of transit network coverage? What is the existing transit mode share as a % of total daily trips? Will a service frequency/speed strategy be implemented?NoWhat is the percentage reduction in headways (increase in frequency)? What is the existing transit mode share as a % of total daily trips?What is the level of implementation?Will a transit access improvement strategy be implemented?NoWhat is the extent of access improvements? 7Intercept Lot Will an intercept lot strategy be implemented?No0.00%0.00%CategoryMeasure NumberSub. QuestionAnswer Strategy VMT ReductionsWill there be participation in TOP?NAWhat percentage of employees are eligible? Is a transit fare subsidy strategy implemented?NoWhat percentage of employees are eligible? What is the amount of transit subsidy per passenger (daily equivalent)? Is an employee parking cash-out strategy being implemented?NoWhat percentage of employees are eligible? Is a workplace parking pricing strategy implemented?NoWhat is the daily parking charge? What percentage of employees are subject to priced parking? Is a compressed work weeks strategy implemented?NoWhat percentage of employees are participating? What is the workweek schedule? Is an employer sponsered shuttle program implemented?NoWhat is the employer size? What percentage of employees are eligible? Is a carpool matching strategy implemented?NoWhat percentage of employees are eligble? Is carshare participation being implemented?NoHow many employee memberships have been purchased? What percentage of employees are eligble? Is participation in the bikeshare program WE-cycle being implemented?NoHow many memberships have been purchased? What percentage of employees/guests are eligble? Is an end of trip facilities strategy being implemented?NoWhat is the degree of implementation? What is the employer size? Is a self-funded emergency ride home strategy being implemented?NoWhat percentage of employees are eligible? Is a carpool/vanpool priority parking strategy being implemented?NoWhat is the employer size? What number of parking spots are available for the program? Is a private employer shuttle strategy being implemented?NoWhat is the employer size? What percentage of employees are eligible? Is a trip reduction marketing/incentive program implemented?NoWhat percentage of employees/guests are eligible?0.00%0.00%0.00%1. 22% work trips represents a mixed-used site (SF Bay Area Travel Survey). See Assumptions Tab for more detail.2116171819201112131415Participation in TOP Transit Fare Subsidy Employee Parking Cash-Out Workplace Parking Pricing Compressed Work Weeks Employer Sponsored Vanpool Carpool Matching Carshare Program Self-funded Emergency Ride Home Carpool/Vanpool Priority Parking Private Employer Shuttle Trip Reduction Marketing/Incentive Program End of Trip FacilitiesCross Category Maximum Reduction, Neighborhood and Transit Global Maximum VMT ReductionsTDM Input Page0.00%0.00%0.00%Commute Trip Reduction Programs StrategiesOnsite Servicing Shared Shuttle Service Neighborhood/Site Enhancements Strategies0.00%0.00%Network Expansion Service Frequency/Speed Transit Access ImprovementMaximum Reduction Allowed in Category0.00%0.00%0.00%0.00%0.00%0.00%0.00%Bikeshare Program0.00%0.00%0.00%0.00%0.00%0.00%0.00%Maximum Reduction Allowed in CategoryMaximum Reduction Allowed in CategoryTransit System Improvements Strategies124568910InstructionsTDM: Choose the mitigation measures that are appropriate for your project. Proposed TDM or MMLOS measures should be new and/or an improvement of existing conditions. A project will not receive credit for measures already in place. Proposed TDM or MMLOS measures should also make sense in the context of project location and future use. Exhibit C.1 | Application 322 DATE: PROJECT NAME: PROJECT ADDRESS: APPLICANT CONTACT INFORMATION: NAME, COMPANY, ADDRESS, PHONE, EMAIL Peak Hour Max Trips Generated MMLOS TDM Total Trips Mitigated PM 1.65 0.00 5.00 0.00 A minimum of two TDM measures must be utilized for minor projects. Please return to Sheet "3. TDM" and select a minimum of two measures. Include the following on a site plan. Clearly call out and label each measure. Attach the site plan to the TIA submittal. Slopes Between Back of Curb and Sidewalk 2% Slope at Pedestrian Driveway Crossings Pedestrian Directness Factor (See callout number 9 on the MMLOS sheet for an example) Bicycle Parking A new bike rack is proposed to ensure residents and commercial business emplpyees and visitors can easily bike to the property, in addition to the high quality transit access that currently exists on the property. It is important to note that the owners previously granted a permenant easment to the City and RFTA in order to complete recent upgrades to that bus stop. TDM Include any additional information that pertains to the TDM plan in the space provided below. As a benefit to historic designation, and in consideration of the provision of past and current MMLOS benefits, the owners request a waiver of these requirements. MMLOS Site Plan Requirements Project Description In the space below provide a description of the proposed project. The project proposes the historic designation of 120 E Main Street. This will not change the commercial space configuration. Two new free- market residential units are proposed as one of the benefits requested as part of the designation. MMLOS Include any additional information that pertains to the MMLOS plan in the space provided below. Click on the "Generate Narrative" Button to the right. Respond to each of the prompts in the space provided. Each response should cover the following: 1. Explain the selected measure. 2. Call out where the measure is located. 3. Demonstrate how the selected measure is appropriate to enhance the project site and reduce traffic impacts. 4. Explain the Enforcement and Financing Plan for the selected measure. 5. Explain the scheduling and implementation responsibility of the mitigation measure. 6. Attach any additional information and a site map to the narrative report. 120 E Main Street Partners, LLC. 1390 Lawrence Street Denver, CO 80204 970-710-9539 rshaw@designworkshop.com Summary and Narrative: Narrative: 12/15/2023 Old Pitkin County Library Historic Designation 120 E Main St Trip Generation SUMMARY Trip Mitigation NET TRIPS TO BE MITIGATED Exhibit C.1 | Application 323 The owners will install new bike racks at the time the historic designation takes effect, ensuring immediate positive impact to the transportation system in the area. Monitoring and Reporting Provide a monitoring and reporting plan. Refer to page 17 in the Transportation Analysis Guidelines for a list of monitoring plan requirements. Components of a Monitoring and Reporting Plan should include (1) Assessment of compliance with guidelines, (2) Results and effectiveness of implemented measures, (3) Identification of additional strategies, and (4) Surveys and other supporting data. As a minor development, the owners are required to report the status of the transportation improvmeents for three years. A survey of commercial tenants and residential owners will be complted related to the use of the bike racks. We anticipate that adjacent commercial and residential tenants and owners will use the bike racks as well. We will seek to include data from these users as well. The survey will ask the frequency of use for the bike racks and how often they bike versus using other forms of transportation. Enforcement and Financing Provide an overview of the Enforcement and Financing plan for the proposed transportation mitigation measures. The owners propose that long term maintenance and upkeep of the bike racks be included in the development agreement. Scheduling and Implementation Responsibility of Mitigation Measures Provide an overview of the scheduling and implementation responsibility for the proposed transportation mitigation measures. Exhibit C.1 | Application 324 Exhibit C.1 | Application 325 Mr. Kevin Rayes Principal Planner, Community Development City of Aspen 427 Rio Grande Place Aspen, CO 81621 RE: Comments from the DRC meeting regarding Voluntary Aspen Modern Designation 120 E Main Street Application LPA -23-096 Send via email: kevin.rayes@aspen.gov Dear Kevin, Following the staff comments and discussions, we are submitting materials to clarify the site plan and limited portions of the architecture elevations and plans. These revisions below generally fulfill the accessible parking requirement, trash and recycling space, development floor area and the vehicle movements. The following on the site plan has been changed: 1.The total number of parking spaces has been reduced from 10 spaces to 9 spaces. There is one space that is a van accessible space under the new building which is 16 feet wide. (See Illustrative Site Plan) 2.The trash special review is anticipated, and the site plan shows a new trash/recycling room below the building and a free-standing trash/recycling enclosure along the eastern side. This area is enclosed with a screen fence. The capacity of these features has been increased in size, but the expectation is that the special review of the solid waste would occur at the permit level. A benefit requested from the voluntary designation is that trash area on the eastern side would be allowed partially in the setback. (Illustrative Site Plan) 3.The architecture has been adjusted to raise the garage height to the 8’-2” required for a van clearance space. The overall height limit is still 28 feet which the proposed structure meets at the mid-point of the sloped roof. (See Architectural Plan, I-G-1) 4.The difference of floor area calculation for the residential and existing building is revised. The chart on page 22 mis-stated the existing building floor area vs the measurement on the architectural sheet. The correct number is 4,522 sf instead of 4563 sf as stated in the chart. Therefore, the floor area method does support the 10 TDR’s. (See Architectural Plan, I-G-1) 5.The included vehicle tracking diagrams show the movements are acceptable into the parking spaces. (See Vehicular Tracking Plan) We appreciate the review of the staff to date and hope these adjustments help move the application forward. If any of these comments require clarification, please let us know. Best, Richard Shaw as manager 120 East Main Street, LLC. Exhibit C.2 | Supplement to Application 326 Exhibit C.2 | Supplement to Application 327 SHEET NUMBER SHEET TITLE IE-1 EXISTING BUILDING CONDITION NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 4 3 2 1 T.O. PLY LOWER LEVEL 90'-4" T.O. PLY SPLIT LEVEL 93'-11" T.O. PLY MAIN LEVEL 99'-11" (Project 100) T.O. PLY SPLIT LEVEL 103'-41/2" T.O. CONC. BEAM 111'-11/2" T.O. RIDGE 117'-13/8" BRICK STUCCO GRAVEL OVER MEMBERANE ROOFING ELEVATIONS MATERIAL LEGEND STEEL BEAM SCALE: 1/4" = 1'-0"1West Elevation 0 2'4'8' IG-1 A D F EBEGC LEVEL 2 - 18'.2" MID POINT ROOF - 28'.0" LEVEL 1 - 9'.2" 2 1 LEVEL 1 - 9'.2" LEVEL 2 - 18'.2" MID POINTROOF - 28'.0" SHEET NUMBER SHEET TITLE IG-1 PROPOSED BUILDING ELEVATIONS NOT FOR CONSTRUCTION ASPEN MODERN 1001 Grand Ave #103 Glenwood Springs CO 81601 © These documents have been specifically prepared for 120 East Main. They are not suitable for use on other projects or in other locations without the approval and participation of the architect. Reproduction prohibited without approval of the architect. © 2023 120 East Main 120 East Main Aspen CO 81611 3/8/2024 A D F EBEGC LEVEL 2 - 17'.0" MID POINT ROOF - 28'.0" LEVEL 1 - 8'.0" 2 1 LEVEL 1 - 8'.0" LEVLE 2 - 17'.0" MID POINT ROOF - 28'.0" SCALE: 1/4" = 1'-0"1PROPOSED BUILDING SOUTH ELEVATION 0 2' 4'8' SCALE: 1/4" = 1'-0"2PROPOSED BUILDING WEST ELEVATION 0 2' 4'8' Exhibit C.2 | Supplement to Application 328 XXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X 48.90'80.90'48.90'80.90'XXXXXXXXXXXX X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X X X B B B B 13.9'9.8'15.2'21.2' W W W W W W W W W W W W W W W W W CTV CTV CTVCTVCTVCTVCTVWWWWWWWWWWWCTV CTV CTV CTV CTV CTV CTV CTVCTVCTVCTVCTVCTVCTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS GGG G G G G G G G G G G G G G G G G G G G G G G G G G G G G G EX-U E EX-UE EX-UE EX-UE EX-UE EX-UEEX-UEEX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UEEX-UEEX- U E EX- U E EX- U E EX-UE EX-UE EX-UE EX-UE CTVCTVCTVCTVCTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV CTV EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE E X - U E EX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX-UEEX- U E EX- U E TTT T T EX- U EEX-UEEX-UEEX-UEEX-UEEX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE E X - U E EX-UETTTTTTTTTTT T T T T T T T T TTT T T T T T T T T T T T TT T TTT T T TTTT T T T T T T T T T T T TTTTT T T T T T T EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-U E EX-U E EX- U E EX- U E EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE T T T T T T T T T TTTT T T T T T T T T T GGGT1 T2 T3 T4 T5 T7 T6 T8 T9 T10 T11 T12T13 T14 T15 T17 T18 T19 T20 T21 T22 T23 T24 T25 T26 T27 T16 T28 T29 T30 T31 T32 T33 T34 T35 T36 T37 T38 7896.94SSSS 7 8 9 5 7896 7900 7897 7896 7897120 EAST MAIN EXISTING STRUCTURE TO REMAIN MAIN STREETPROPERTY BOUNDARYSIDE SETBACKFRONT SETBACK SIDE SETBACKROOF OVERHANG5'-0"5'-0"10'-0"REAR SETBACK C DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 REVISIONS 7632 2 3 4 5 6 7 A B C D E 12O E MAIN STREET PARTNERS120 E MAIN STREET, ASPEN, COC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 18, 2024 - 11:30amF:\PROJECTS_A-L\7632-120 E Main Improvements\D-CAD\02. Sheets\dw-7632-Site Plan.dwgDESIGN WORKSHOP Landscape Architecture · Land Planning Urban Design · Tourism Planning Aspen · Austin · Chicago · Denver · Houston Lake Tahoe · Los Angeles · Raleigh 120 East Main Street (970) 925-8354 (970) 920-1387 Aspen, Colorado 81611 LS RWS DECEMBER 18, 2023120 E MAIN STREETIMPROVEMENTSL-04 LAND USE APPLICATION EXISTING AND PROPOSED DEVELOPMENT OVERLAY NORTH 0 ORIGINAL SCALE: 4 8 16 1/8"=1'-0" 8'-6"8'-6"7'-0"9'-3"9'-3"11'-0"3'-0" RECYCLE DUMPSTER ENCLOSURE 304, 3, 4 IN NON-COMBUSTABLE CONTAINERS EXISTING TRANSFORMER CONCRETE SIDEWALK IBC 304, 3, 3 DUMPSTER @ 1.5 OR GREATER, 121 SFTRASH ROOM ROOF OVERHANG EXISTING BUILDING PROPOSED BIKE RACK CONCRETE WALKWAY 1 2 3 4 5 6 7 8 9 ADA VAN PARKING SPACE ACCESS, UTILITY AND EMERGENCY EASEMENT PER BK 202 PG 429 BK 647 PG 767 1800 SF OF PAVED ZONE GENERAL NOTES 1. Original drawing modified 7/17/2024 by Design Workshop to accommodate the addition of the ADA Van dimensions and clearance. The modifications were part of a submission package to City of Aspen Community Development. APPROX. LOCATION OF RFTA 5'X3' EASEMENT PER BK 593 PG 529 EASEMENT PER REC. NO. 39918612'-0"PERMANENT POWER & SEWER EASEMENT PER BK 193 PG 89 16'-0" Exhibit C.2 | Supplement to Application 329 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 330 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 331 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 332 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 333 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 334 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 335 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 336 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 337 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 338 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 339 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 340 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 341 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 342 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 343 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 344 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 345 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 346 48.90'XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X B B B B 9.8'15.2'7896.94 7897 7896 7897P - Passenger Car120 E MAIN STREET IMPROVEMENTS ASPEN, COLORADO 120 E MAIN PARTNERS VEHICLE TRACKING STUDY JULY 2024NORTH0 ORIGINAL SCALE: 2 4 8 1"=4' DESIGN WORKSHOP Landscape Architecture · Land Planning · Urban Design · Tourism Planning 120 East Main Street · Aspen, Colorado 81611 · 970-925-8354 Facsimile 970-920-1387 Exhibit C.2 | Supplement to Application 347 Exhibit D | Draft HPC Resolution #9, Series 2024 (Not Yet Recorded) Page 1 of 5 HPC Resolution #09, Series 2024 RESOLUTION #09 (SERIES OF 2024) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING APPROVAL OF ASPENMODERN HISTORIC DESIGNATION AND BENEFITS, CONCEPTUAL MAJOR DEVELOPMENT, TRANSFERRABLE DEVELOPMENT RIGHTS, MAJOR SUBDIVISION, PLANNED DEVELOPMENT- PROJECT REVIEW, SPECIAL REVIEW AND GROWTH MANAGEMENT REVIEW, FOR THE PROPERTY LOCATED AT 120 E. MAIN STREET, LEGALLY DESCRIBED AS THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS N AND O, BLOCK 66 AND THE SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID LOTS N AND O AND THE EASTERLY 20 FEET OF LOT M, BLOCK 66, COUNTY OF PITKIN, STATE OF COLORADO; AND PARCEL B, LOT 2, US WEST SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 13, 1993 IN PLAT BOOK 32 AT PAGE 11, COUNTY OF PITKIN, STATE OF COLORADO. PARCEL ID: 2735-124-38-002 & 2735-124-70-002 WHEREAS, the Applicant, 120 East Main Street Partners LLC, 1390 Lawrence Street, Denver, CO 80204 has requested approval for AspenModern historic designation for the property located at 120 E. Main Street, legally described as Lots N, O, and part of M, Block 66 of the Aspen Historic Townsite, and Parcel B, Lot 2 of the US West Subdivision; and, WHEREAS, Lots N, O, and Part of M, Block 66 of the Aspen Historic Townsite was rezoned from Public (P) to the Office (O) Zone District pursuant to Ordinance 15, Series of 1990; and, WHEREAS, Parcel B, Lot 2 of the US West Subdivision was rezoned from R-6 to the office (O) Zone District pursuant to Ordinance #82, Series of 1992; and, WHEREAS, the Office Zone District was adjusted to the Mixed-Use (MU) Zone district, pursuant to Ordinance #7, Series of 2005; and, WHEREAS, pursuant to Section 26.415.025.C.1, a ninety-day timeframe within which the Applicant and City Council agree to evaluate the proposed designation commenced on May 6, 2024, and will expire on August 4, 2024; and, WHEREAS, City Council at a regular meeting on July 23, 2024, passed Resolution #087, Series of 2024 via the Consent Agenda extending the negotiation period to August 27, 2024. WHEREAS, the AspenModern designation process is described at Section 26.415.025 and Section 26.415.030 of the Municipal Code and allows for City Council approval of site specific benefits to secure voluntary historic designation following a recommendation from the Historic Preservation Commission (HPC); and, WHEREAS, to recommend approval of Voluntary AspenModern Landmark Designation, HPC must find the application meets the requirements of Aspen Municipal Code 348 Exhibit D | Draft HPC Resolution #9, Series 2024 (Not Yet Recorded) Page 2 of 5 HPC Resolution #09, Series 2024 Section 26.415.030; and, WHEREAS, to recommend approval of Conceptual Major Development, the HPC must find the application meets the requirements of Aspen Municipal Code Section 26.415.070, Development Involving Designated Historic Property or Property within a Historic District; and, WHEREAS, to recommend approval of Transferrable Development Rights, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.535.070, Transferable Development Rights; and WHEREAS, to recommend approval of Major Subdivision, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.480.070, Major Subdivision; and, WHEREAS, to recommend approval of Planned Development – Project Review, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.445, Planned Development); and, WHEREAS, to recommend approval of Growth Management, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.470.080 and 26.470.100, Planning and Zoning Commission Growth Management review; and, WHEREAS, to recommend approval of Special Review, HPC must find the application meets the requirements of Aspen Municipal Code Section 26.515.080, Parking & Transportation; and, WHEREAS, upon review of the application and applicable Land Use Code standards, the Community Development Director recommended approval of certain benefits, subject to conditions; and, WHEREAS, on July 24, 2024, HPC considered the application, the staff memo and public comment under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, HPC found the proposal consistent with the review standards and supports the voluntary designation of this property as one of the best and most intact examples of a Wrightian Architecture in Aspen and recommends approval of the request by a vote of seven to zero (7-0) NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION: Section 1: Voluntary AspenModern Landmark Designation and Benefits: HPC recommends approval of AspenModern Landmark Designation, and certain benefits as requested in the application and described herein, subject to the following conditions: 1. Pending approval of Major Subdivision (combining Lots 1 and 2), the resulting parcel shall be designated an AspenModern Landmark. 349 Exhibit D | Draft HPC Resolution #9, Series 2024 (Not Yet Recorded) Page 3 of 5 HPC Resolution #09, Series 2024 Section 2: Transferrable Development Rights: HPC recommends approval of ten (10) TDRs subject to the following conditions: 2. A conservation easement shall be recorded, sterilizing/preserving 2,500 sq. ft. of the property from future development. Section 3: Major Subdivision: HPC recommends approval of Major Subdivision to combine Lots 1 and 2, subject to the following conditions: 1. Parks, Engineering, Utilities, Streets and other applicable standards related to stormwater runoff, vehicular access, tree care, and utility placement shall be met in accordance with City requirements. These details shall be worked out at the time of building permit. 2. The right-of-way between the designated building and the rear addition shall be at least 20- ft. in width. Section 4: Planned Development- Project Review: HPC recommends approval of Planned Development-Project Review as needed to provide flexibility in the provision of the approved benefits and the site plan proposed by the Applicant, subject to the following conditions: 1. A subsequent application for Detailed Review shall be submitted to the Community Development Department within one year of Council approval. 2. A site plan, plat, floor plans, elevations, architectural drawings, a parking plan/subdivision development agreement, and other documents required pursuant to Title 26 shall be submitted to the Community Development Department within 180 days of approval of Detailed Review. 3. A three-foot setback along the north (rear) property line and a zero-foot setback along the east (side yard) property line shall be memorialized as part of the building envelope and included in the plat submitted by the Applicant. Remaining setbacks shall meet underlying zoning and shall also be included as part of the building envelope. a. Improvements expressly allowed to project into setbacks pursuant to Title 26 of the City of Aspen Land Use Code may be developed outside the boundary of the building envelope 4. Two residential dwellings with a cumulative maximum floor area of 2,481 sq. ft. may be developed on the property consistent with the drawings represented in the application. Minor changes of a technical nature may be approved administratively at the discretion of the Community Development Director. 5. HPC was mixed in their support of the request that the residential units be allowed to be free-market residential use and will defer to Council’s eventual decision on the topic. 6. HPC supports the proposed parking plan as represented in the application, subject to the following conditions: a. A total of nine off-street parking spaces shall be provided. b. Four of the spaces shall be tandem “stacked.” It is recommended that these spaces be reserved for employees of the commercial space and not for customers. The parking plan that is required shall dictate the use of these spaces and clarify such details. c. At least one covered parking space (under the rear addition) shall meet minimum ADA standards. 350 Exhibit D | Draft HPC Resolution #9, Series 2024 (Not Yet Recorded) Page 4 of 5 HPC Resolution #09, Series 2024 Section 5: Growth Management Review: HPC recommends approval of Growth Management review and supports a guarantee that any remaining affordable housing mitigation required for the commercial building has been met. Section 6: Miscellaneous Benefits: HPC recommends approval of the following miscellaneous benefits requested by the Applicant, subject to conditions: 1. HPC does not support waiving planning fees, including land use review frees, building permit fees, tree removal mitigation fees, parks fees, and Air Quality (TDM) fees for the new development. 2. HPC supports five (5) years of vested rights. 3. HPC was mixed in their support for the applicant’s request for a six-month rescission period to allow the owners time to confirm the conditions of approval are acceptable for the property. HPC will defer to Council’s eventual decision on the matter. Section 7: Conceptual Major Development HPC recommends approval of Historic Preservation Major Development subject to the following condition: 1. The applicant shall restudy fenestration and materials on the new construction in support of HP Design Guideline 11.6 – and shall present this restudy to HPC for consideration during Final Development Plan Review. Section 8: Material Representations 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 Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 9: Existing Litigation: 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 10: Severability: 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. 351 Exhibit D | Draft HPC Resolution #9, Series 2024 (Not Yet Recorded) Page 5 of 5 HPC Resolution #09, Series 2024 APPROVED by the Commission at its regular meeting on July 24, 2024. APPROVED AS TO FORM: HISTORIC PRESERVATION COMMISSION: ______________________________ ________________________________ Katharine Johnson, Kara Thompson, Assistant City Attorney HPC Chair ATTEST: ______________________________ Mike Sear, Deputy City Clerk 352 From:Amy Amidon To:Public Comment; Mike Sear Cc:Stuart Hayden; Ben Anderson; Kevin Rayes; Richard Shaw Subject:120 E. Main- Voluntary AspenModern Designation Date:Monday, July 22, 2024 10:20:48 PM Dear HPC and City Council; Nearly 25 years ago the City initiated an effort to landmark designate important examples of Aspen's postwar history, with or without owner consent. The concept was poorly received and resulted in a several year conversation that aimed to balance differing perspectives, and resulted in an invitation to property owners to identify obstacles and propose solutions that would motivate them to offer voluntary "AspenModern" historic designation. This creative compromise has led to the permanent preservation of many important examples of Aspen's post-war history, and has been particularly remarkable given the complexity of the community's land use regulations and high property values. The prominent location of 120 E. Main, it's quintessential representation of the story of Aspen in 1960's, and it's association with Aspen's iconic modern architects make designation an imperative, for the benefit of the community. I'm grateful that the owners of the property have made a proposal that has numerous merits, including avoiding any significant alterations to the resource itself. Wishing you all the best in coming to a successful agreement! Sincerely, Amy Amidon (former City of Aspen Historic Preservation staff) Exhibit E | Public Comments Received 353 REGUALR MEETING HISTORIC PRESERVATION COMMISSION JULY 24th, 2024 For purposes of expedience for the City Council August 13th, 2024 Regular meeting, the below draft minutes of the July 24th, 2024 HPC meeting have been prepared to only include the board discussion regarding the 120 E. Main St. agenda item. Board Discussion: Ms. Thompson started the discussion trying to gather a general sense of where the board members stand and noted that she may want the applicant to come back up afterwards to see what they might be amenable to. Mr. Fornell noted that pages 89 and 90 of the agenda packet listed the staff recommendations that included nine areas for conversation, and he thought they should go through them one by one. Mr. Fornell then made a motion to extend the meeting to 7:45pm. Ms. Thompson seconded. All in favor, motion passes. Ms. Thompson asked if any members did not support the application in front of them for an AspenModern Designation. The members all agreed and supported designation Mr. Fornell clarified that under the requested benefits listed, he did not support designation. Mr. Warwick noted that everyone supported designation under certain circumstances. He suggested they start with the first listed condition of the requested TDRs. Mr. Fornell felt that the 10 requested TDRs were appropriate. He did not see the difference between a commercial development and residential when they are trying to save it. Mr. Warwick also supported the 10 TDRs. He did not think it would be noticed in town when they get spread out over 5 buildings. He felt a commercial property may not have been considered when the program was initiated, and incentives need to be in place to preserve historic properties whether they were residential or commercial. Ms. Pitchford disagreed and felt that the TDR program was based on residential properties, and she was not a big fan of it. She understood the incentive of TDRs and since she loved this building and respected the people who have taken such good care of it, she was in support of the 10 TDRs. Ms. Thompson agreed with Mr. Fornell and Mr. Warwick and thought granting the TDRs was the right thing to do to preserve the structure. She was happy to recommend the 10 TDRs and have City Council discuss it further. Ms. Raymond had mixed feelings about it. She noted that if you cannot fit the maximum amount of allowable square feet on a lot, you have to somewhat forfeit it. She said 10 TDRs felt a bit excessive to her, but in the desire to save this building, she would reluctantly give them 10 TDRs. Mr. Moyer was not apposed to the 10 TDRs and thought it was really City Council’s decision. Ms. Surfas thought that there were so many other things the applicant was asking for that this had to play into it. They moved onto the request to build two free-market residential units. Mr. Fornell did not support free-market development due to all the efforts the City made during the moratorium determining that free-market development was not the highest and best use. Mr. Warwick noted that his belief was that the vacant lot was currently in the R6 zone district without the merger and was not in the Main St. mixed use zone. Because of the current zone, they could build Exhibit F | Draft HPC Meeting Minutes 354 REGUALR MEETING HISTORIC PRESERVATION COMMISSION JULY 24th, 2024 free market there now and he thought that while they are offering voluntary designation and to merge the lots, the current zoning should be considered. Mr. Anderson noted that the back lot has a complex history and staff believe the zone district map is in error and that both lots were considered in the previously known “office zone” district that became the mixed-use district. Ms. Garrow agreed with Mr. Anderson but noted that the back lot is not in the historic district. Mr. Warwick confirmed that in his personal opinion he supported free market development regardless of what the current Code says. Ms. Thompson felt that free market development was consistent with the historical development in this neighborhood, but also understood that City Council recently changed the Code to not allow free market in this district. She stated that she would support a recommendation to Council that allowed free market development with their review, as they were the ones that changed the Code. She said that she would personally like to see affordable housing units and would like to see if the applicant is amenable to deed restricting any of those units. Ms. Raymond was not in support of free market because it is in complete conflict with the zone district. She felt the City is in dire need for affordable housing and this would be a great opportunity for it. She agreed with Mr. Fornell that the City has worked for a long time to eliminate penthouses and free market in the zone district. Mr. Moyer did not support free market development. Ms. Surfas wondered if there could be a mix of free market and deed restricted units in the building. Ms. Pitchford echoed what Ms. Mullins had said in that they have to do everything they can to get it designated. She wondered what the compromise could be. Mr. Moyer noted that this was still just a recommendation to Council and that they might think about just saying that the board had mixed opinions on this topic, and they encourage Council to make an appropriate decision in the interest of saving the resource. The board members agreed. They moved on to discuss the affordable housing mitigation. Mr. Fornell noted that if Council allows free market development, then there would be the need for mitigation. He was not in favor of a cash-in-lieu or payment over time. He felt spreading out the payments serves no purpose for the community. He noted a recent studio apartment that the City recently purchased for $1.2 million that mitigated 1.25 FTEs and that there are certificates in the market for purchase right now. The board agreed that they supported staff’s recommendation except that the mitigation not be in the form of cash-in-lieu. The next item was the waiver of fees. The board supported staff’s recommendations on this. The next item was the applicant’s request seeking a guarantee that a restaurant tenant could occupy the existing building. The board supported staff’s recommendations on this item. Ms. Thompson said she was very hesitant to allow equipment on the roof without first reviewing and knowing exactly what that equipment is. The next item dealt with the applicant’s request for 10 years of vesting rights and a rescission period of six months. Mr. Fornell referenced Mr. Moyer’s comments earlier in the meeting about all the places in town that are sitting still. He noted that State statute requires a three-year vesting right. He believed, historically speaking, that the primary reason applicants request more than three-years vesting is to get Exhibit F | Draft HPC Meeting Minutes 355 REGUALR MEETING HISTORIC PRESERVATION COMMISSION JULY 24th, 2024 an approval from a board that valuates their real estate in order to resell it. He stressed that in no way was he accusing this applicant of that intent but had no interest in helping someone flip a lot. He said he does not support the extension of vesting rights in any application. Regarding the rescission period, he noted that if someone is not happy with the direction the historic designation negotiation process is going, you can ask for an extension and pull your application. Ms. Thompson agreed with staff’s recommendation supporting 10 years of vesting rights and a six- month rescission period if limited to deed restricted development and no more than 3-years rights for free market. She noted that extending vesting rights is something this board has granted for many AspenModern project that they have reviewed, and she could see extending it to five years if it is free market as 10 years seemed like a lot. Ms. Pitchford agreed. Ms. Raymond also agreed that 10 years was a little excessive as no one knows what the Code may be in 10 years. She supported the compromise of five years. While noting that this building is worth a lot to the community, she did think the aggregate of what the applicant was asking for was a lot as well. She wondered why it would take 10 years. Ms. Thompson asked the members if they would be ok with 10 years if it was affordable housing. The majority of members did not support that idea. The board agreed to recommend a five-year vesting period no matter what way the development went. As for the requested rescission period the board was mostly in agreement to support it. Mr. Fornell again commented that if they get an approval, they don’t want they can choose not to use it and if they don’t like how things are going, they could always pull their application. The board then agreed that they were of a mixed opinion on rescission portion of this item. The next item was the Planned Development (PD) request. Mr. Fornell noted that one needs at least 15,000 square feet to apply for a PD. He thought that in requesting a PD they were asking for setback variances for a non-permitted use. Because of that, he did not support the request of a PD. He felt if setback variances were requested related to an affordable housing development down the road, they could still address that then. Ms. Raymond asked Mr. Anderson what the implications would be if a PD was not granted. Mr. Anderson noted that the Code allows the Community Development Director some flexibility on a PD if the minimum lot size is not met. He also noted that setbacks are more easily dealt with under a PD as well as the PD giving some flexibility on the TDRs. He said that without the PD, there would not be a guarantee of the variance and if there is a decision to grant the TDRs, you would be asking to do something that is not allowed in the Land Use Code. Mr. Warwick suggested that they recommend the PD as needed depending on Council’s ultimate decisions. He noted that the PD is really connected to and latched on to a couple of the other provisions. The board agreed. The next item dealt with the Subdivision request. The board was all in agreement and supported the subdivision. The next item was the Parking & Transportation Special Review. Ms. Thompson supported it. Mr. Fornell preferred to see the applicant pay for two cash-in-lieu spaces opposed to the stacked spaces. Exhibit F | Draft HPC Meeting Minutes 356 REGUALR MEETING HISTORIC PRESERVATION COMMISSION JULY 24th, 2024 Mr. Moyer noted that the stacked spaces had been there for a very long time and had never been an issue. Overall, the board was in support of staff’s recommendation for the Parking & Transportation Special Review. Ms. Thompson wanted to voice that she was not in agreement with the proposed form and fenestration of the new construction. She felt it could be resolved but did not agree with the applicant’s form or fenestration argument. She noted that while this was in part a recommendation to City Council on the previously discussed items, it was also a conceptual approval of the new construction in the rear of the property. Ms. Raymond said that if that was the case she also disagreed with the form and fenestration of the new construction. Ms. Thompson moved to extend the meeting to 8:00pm. Mr. Fornell seconded. All in favor, motion passes. The board wondered what the best way to deal with these separately. Mr. Warwick asked if they could just include something in their recommendation that they did not support the form and fenestration of the new development. Mr. Anderson said that if there were fundamental question about the form of the building, they would need to be dealt with at this meeting. The materials and fenestration could be dealt with at final review. Mr. Hayden suggested they deal with both the form and fenestration at this meeting. Ms. Garrow said the applicant would be comfortable with a condition that said that the materials and fenestration would be reviewed at final. She noted that they needed approval of the footprint tonight. The board discussed the ideas in the historic design guidelines about distinguishing a historic resource from new additions related to form. Mr. Moyer felt they could be a bit more flexible than they had been in the past. Ms. Thompson felt that existing historic structure is made up of simple materials of brick around the base of the structure, a simple roof line consistent around the structure and strip windows in between. She said the proposed façade of the new building has chaotic interruptions of fenestration and multiple materials. She said that is the façade that needs revision and felt that it could be easily accomplished by simplifying the palette and fenestration. Ms. Raymond noted that while the roof pitches are the same, the roof form on the historic structure has very long eaves which make the building read very horizontal. She said the new structure is very vertical and has almost no overhang. Mr. Fornell argued that with the height of the historic structure, one would not likely be affected by the rear building when walking down the sidewalk. Ms. Thompson said that she had less concern about the height and reiterated that she felt the material relationship could be easily improved. Ms. Raymond noted that the applicant only had to relate two aspects of the historic resource. The board agreed to the applicant’s concession that both materials and fenestration be discussed and approved at the final review. Exhibit F | Draft HPC Meeting Minutes 357 REGUALR MEETING HISTORIC PRESERVATION COMMISSION JULY 24th, 2024 MOTION: Mr. Fornell moved to approve a recommendation to City Council. The motion was based off staff’s nine recommendations and included the following: • The commission’s support of the 10 TDRs • Deferring to City Council on Residential Development • Not allowing a cash-in-lieu payment for affordable housing • Not allowing a fee waiver • Agreement with staff on the restaurant tenant potential operation • Agreement on a five-year vesting rights period and a mixed opinion on the right of rescission • Support for the Planned Development as needed determined by Council’s decision • Support of the sub-division • Support for the parking requirement as presented • HPC reserves the right to review at final the materials and fenestration of the new rear addition Ms. Pitchford seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Ms. Pitchford, yes; Ms. Raymond, yes; Mr. Warwick, yes; Ms. Thompson, yes. 7-0 vote, motion passes. Mr. Fornell wanted to thank Richard Shaw and the other owners of the property for the job that they have done over the decades and their stewardship of the property. The other members all agreed. ADJOURN: Ms. Thompson motioned to adjourn the regular meeting. Mr. Fornell seconded. All in favor; motion passes. Exhibit F | Draft HPC Meeting Minutes 358 MEMORANDUM TO: Mayor and City Council FROM: John Spiess, Open Space and Natural Resource Manager THROUGH:Matt Kuhn, Parks and Open Space Director Austin Weiss, Parks and Recreation Director MEMO DATE:July 15th, 2024 MEETING DATE:July 23rd, 2024 RE:Ordinance #10 Municipal Code Revision- Leashes REQUEST OF COUNCIL: The Parks and Open Space staff is seeking council approval for updates to Section 6.08.050 of the municipal code. This portion of the code addresses “Running at large restricted; leash control.” SUMMARY AND BACKGROUND: Section6.08.050 of the municipal code was written in 1962 and was last updated in 1973. This code does not align with the community’s current values and use of parks and open spaces for off leash dog play. Aspen is recognized as a ‘dog friendly town’ by both its residents and visitors. The proposed changes to the municipal code aim to align the law with the current practices seen across city parks and open spaces. The intent of the changes is to add clarity as to where it is appropriate and lawful to have supervised off-leash play and where environmental, safety or public use concerns make leash use imperative. The proposed changes to Sec. 6.08.050 have been reviewed and are supported by the Open Space and Trails board. The following is the complete proposed code language. Changes and additions to the existing code are noted in italics and red below. Sec. 6.08.050. - Running at large restricted; leash control. (a)It shall be unlawful for any owner, possessor or person who keeps any dog to permit the same to run at large within the limits of the City. (1) Subsection (a) of this section shall not apply if the dog is within an Aspen City Park or Open Space and meets the following conditions: 359 a. The dog is supervised by an owner, possessor, or keeper who remains no more than 150 feet from, is actively attentive to the dog and can verbally control the dog if necessary. b.The owner, possessor, or keeper of the dog off leash has a suitable leash in their possession. c.The dog’s play does not interfere with the public enjoyment or safety within the space, does not enter trails, playgrounds, wetland habitat, artificial turf or other areas signed as leash-required, or dogs prohibited. d. The dog’s play does not enter areas in active use by organized programs, park rental, recreational use, or athletic event. (2) Notwithstanding this section, the owner, possessor, or keeper is responsible for a dog if it comes into contact with any other person or animal regardless of whether the dog is on a leash or off leash within sight and control of its Owner, possessor, or keeper. (b) A dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper thereof and not under the direct control of the owner, possessor, keeper or his agent or servant or a member of his immediate family either by leash, cord or chain no longer than six (6) feet in length and of sufficient strength to completely restrain the dog or within a vehicle or other confinement. A person may be in direct control of no more than three dogs. (c) Dogs must be leashed on trails, sidewalks, streets and within the pedestrian mall. (d) Off leash play is not allowed in Yellow Brick Park and John Denver Sanctuary. Off leash play is not allowed in Herron Park from 9:00 am until dusk. (e) Any person convicted of violating any provision of this Section shall, upon conviction, be fined in an amount not to exceed three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. The addition of Section (d) of the code reflects the fact there are several spaces in Aspen where off leash play poses a risk to child safety in high use areas, notably at the Yellow Brick playground and during peak-hours at Herron Park. These proposed changes aim to provide safeguards to reduce potential conflict and injury and are developed as a compromise solution to satisfy the range of uses, especially at Herron Park. John Denver Sanctuary is recognized as a quiet and contemplative space within the City’s park portfolio and off-leash dog play is thusly considered in conflict with the inherent qualities of the space. 360 FINANCIAL IMPACTS: Financial impacts are minimal for adoption of these code changes. Indirect impacts include costs associated with producing additionalsignage, revision and updates to ticket books, brochures, and websites. ENVIRONMENTAL IMPACTS: The intent of these code changes is to align current use with the code. The adoption of these changes will add clarity to the appropriate use of our spaces by dogs and their owners. In particular the code adjustments prohibit off leash dog play in environmentally sensitive areas. The adoption of these changes will improve safety conditions and the overall user experience throughout the open space and trails network. ALTERNATIVES:City Council can direct staff to change the proposed codes or to amend or delete certain conditions. RECOMMENDATIONS:Staff recommends adoption of the proposed codes into the City’s Municipal Code by Ordinance #10, Series of 2024. CITY MANAGER COMMENTS: 361 ORDINANCE #10 (Series of 2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 6.08 OF THE ASPEN MUNICIPAL CODE. WHEREAS, Chapter 6.08 of the City of Aspen Municipal Code provides regulations regarding animals and animals at large; and WHEREAS,pursuant to Section 6.08.050, it is unlawful for any owner, possessor, or person who keeps any dog to permit the same to run at large within the limits of the City, without exception; and WHEREAS, the City of Aspen acknowledges the joy dogs bring to community members and that community members desire to engage in and enjoy off leash play with their dogs within City limits; and WHEREAS, the City of Aspen recognizes the need for clarity in the identification of areas appropriate for off leash play within the City limits; and WHEREAS, the City recognizes the impact that off leash dogs pose to specific ecosystems and wildlife; and WHEREAS, the City recognizes unleashed dogs present safety concerns if allowed on the trail system, in playgrounds and on actively used playing fields; and WHEREAS,the Aspen City Council has carefully considered the above enumerated factors, and finds that responsible off leash play in City Parks and Open Spaces under certain conditions is appropriate; and WHEREAS,City Council desires to amend its animal control regulations to create an exception to allow a dog to enjoy off leash play when the owner, possessor, and keeper of the dog meet certain conditions; and WHEREAS, the City Council has determined that the health, safety, and general welfare of the citizens, residents, and visitors of Aspen will be served by this Ordinance, which will provide the necessary updates to the Code to except from penalty any owner, possessor, or keeper of a dog that engages in playing off leash in identified areas and when certain conditions are met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1 362 That Section 6.08.050 of the Municipal Code of the City of Aspen is hereby amended and shall read as follows: Sec. 6.08.050. - Running at large restricted; leash control. (a)It shall be unlawful for any owner, possessor or person who keeps any dog to permit the same to run at large within the limits of the City. (1) Subsection (a) of this section shall not apply if the dog is within an Aspen City Park or Open Space and meets the following conditions: a. The dog is supervised by an owner, possessor, or keeper who remains no more than 150 feet from, is actively attentive to the dog and can verbally control the dog if necessary. b.The owner, possessor, or keeper of the dog off leash has a suitable leash in their possession. c.The dog’s play does not interfere with the public enjoyment or safety within the space, does not enter trails, playgrounds, wetland habitat, artificial turf or other areas signed as leash-required, or dogs prohibited. d. The dog’s play does not enter areas in active use by organized programs, park rental, recreational use, or athletic event. (2) Notwithstanding this section, the owner, possessor, or keeper is responsible for a dog if it comes into contact with any other person or animal regardless of whether the dog is on a leash or off leash within sight and control of its Owner, possessor, or keeper. (b) A dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper thereof and not under the direct control of the owner, possessor, keeper or his agent or servant or a member of his immediate family either by leash, cord or chain no longer than six (6) feet in length and of sufficient strength to completely restrain the dog or within a vehicle or other confinement. A person may be in direct control of no more than three dogs. (c) Dogs must be leashed on trails, sidewalks, streets and within the pedestrian mall. (d) Off leash play is not allowed in Yellow Brick Park and John Denver Sanctuary. Off leash play is not allowed in Herron Park from 9:00 am until dusk. (e) Any person convicted of violating any provision of this Section shall, upon conviction, be fined in an amount not to exceed three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. Section 2: 363 Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 3: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 23rd day of July, 2024. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY,adopted, passed and approved this ___ day of August, 2024 ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney 364 MEMORANDUM TO: Mayor and City Council FROM:Shelly Braudis, Natural Resource Manager John Spiess, Open Space and Natural Resource Manager THROUGH:Matt Kuhn, Parks & Open Space Director MEETING DATE:August 13, 2024 RE:Ordinance #11 - Updates to Tree Code (Chapter 13.20) to address wildfire mitigation – Second Reading ______________________________________________________________________ REQUEST OF COUNCIL: The Parks and Open Space Department is seeking Council approval to update Chapter 13.20 Tree Removal Permits. Updates to the code will provide homeowners and residents the opportunity to conduct wildfire mitigation on their properties while complying with City Municipal code. A supporting Wildfire Mitigation Policy functions to support the code and defines certain variables that may change or need adaptation in the future. While staff has aimed to consider many variables and circumstances in the drafting of the policy, it is anticipated that revisions and updates will be needed from time to time, and future updates will be made in the Policy and adopted through Council Resolution. By approving Ordinance #11, the Wildfire Mitigation Policy will also be approved. BACKGROUND: Recent wildfires in Hawaii, California, on the front range of Colorado and locally demonstrate the increasingly catastrophic nature of wildfire events. City staff have been working on a plan to reconcile current city code in order to allow homeowners and residents to mitigate wildfire risks in the Aspen area. For many decades, the City has prioritized the value of trees and a healthy urban forest through a robust set of codes governing tree removal. With increasing risks to wildfire, homeowners have begun approaching the Parks and Open Space Department to permit the removal of trees specifically for hazard reduction on a given property. Given the current Municipal Code, removals specifically for wildfire hazard mitigation are not clearly defined or allowed. Nonetheless, in the last year staff have issued less than ten stand-alone tree removal permits for wildfire purposes. Recognizing an 365 increasing need to manage and allow for wildfire related tree removals, staff have developed revisions to the code and have written a policy to support these efforts. DISCUSSION: Please refer to the supporting memo for Ordinance 11, Series 2024, which was published in the City Council packet for the July 23, 2024 meeting, for a comprehensive summary of the topic. During first reading, several questions were raised: 1. Are there alternatives or options to relieve a “requirement” to replant on parcels and lots that are relatively small? a. The changes to the code and supporting Wildfire Mitigation Policy do not have “requirements” for replanting, and are instead characterized as “tree replanting encouraged”. Once a tree removal permit is submitted by a homeowner, the City Forester will visit the site to review the requested removals and may advise on options for replanting. In small lots with little setback, replanting trees may be infeasible. There are no mitigation fees assessed for removals within 5 feet of the structure. 2. Will fees in lieu be allowed, or will fees be waived? a. Fees will be fully waived in certain circumstances, such as the removal of trees within 5 feet of a structure. b. In areas beyond 5 feet from structure, the removal of trees may be subject to mitigation fees. Waivers may be considered, and this is consistent with current code allowances and is used in cases such as the removal of a diseased or dead tree. c. Mitigation fees are reduced when replanting occurs, and further details of these guidelines are elaborated in the policy. 3. Can replanting with fire resistant trees in the relative same spots be considered? a. Yes, given that they are not within 5 feet of the structure. FINANCIAL IMPACTS: Fees assessed for tree removal within the home ignition zone have been established in the Wildfire Mitigation Policy document. It is unknown how the changes to this code will impact tree-related revenues for the department, but the current revenue is a minor source of funds for the 100 Fund. ENVIRONMENTAL IMPACTS: Adoption of the proposed tree removal allowances for fire mitigation could have a significant impact on Aspen’s Urban Forest. It is well known that trees have many positive effects, particularly in the urban environment. Those benefits include erosion control, improved air quality, increased property values, reduction in the urban heat 366 island affect, and providing habitat. Creating further allowances for tree removal will likely cause a reduction in the number of trees that make up our urban canopy and reduce the ecosystem services that it provides. Incentives for replanting may help offset these losses. ALTERNATIVES: City Council can direct staff to change the proposed codes or policy, or to amend or delete certain conditions. RECOMMENDATIONS:. Staff recommends adoption of the proposed codes into the City’s Municipal Code by Ordinance #11, Series of 2024. CITY MANAGER COMMENTS: ATTACHMENTS: A. Ordinance 11 – Updates to Chapter 13.20 Tree Removal Permits B. Wildfire Mitigation Policy 367 ORDINANCE #11 (Series of 2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 13.203 OF THE ASPEN MUNICIPAL CODE. WHEREAS, trees provide important environmental, aesthetic, and health benefits to the people and guests of the City of Aspen which extend beyond the boundaries of the property on which they grow; and, WHEREAS, trees contribute to real estate values throughout the community; and WHEREAS, large trees are a resource which cannot reasonably be fully replaced if injured, damaged or removed; and WHEREAS, the City recognizes that wildfires are a natural part of Colorado forests, and that wildfire poses a significant risk to the community of Aspen, and WHEREAS, maintaining a defensible space around a structure within the wildland urban interface is important to reducing wildfire risk, and WHEREAS, by adopting policy for tree removal that encourages replanting of fire- resistant plant and tree material, that the City will gradually shift the urban forest to a more fire resilient composition, and WHEREAS, the City aims to maintain appropriate canopy cover while addressing the hazards of wildfire risk; and. WHEREAS, the City will consider established best practices to help mitigate certain risk, such as the strategic pruning or removal of trees and vegetation adjacent to structures; and WHEREAS, the City recognize the benefits of maintaining a healthy urban forest for the reduction of urban heat and the storage of carbon; and 368 WHEREAS, the Parks Department of the City of Aspen has the expertise and qualified staff to effectively and fairly administer the wildfire tree removal policy to prevent unnecessary damage or destruction of trees; and WHEREAS, Chapter 13.20 of the City of Aspen Municipal Code (“Code”) currently provides permitting procedures intended to preserve to the fullest extent possible the City’s urban forest; and WHEREAS, the proposed amendments to Chapter 13.20 further the City’s preservation efforts with respect to the urban forest, and adopt additional provisions that will allow the Parks and Recreation Director to issue tree removal permits or authorize relocation of a desirable tree if wildfire risks necessitate such action; and WHEREAS, the proposed Wildfire Mitigation Policy identifies relevant criteria and sets forth guidelines to assist Parks and Recreation staff in determining wildfire risks in a fair and equitable manner; and WHEREAS, the aforementioned amendments and policy encourage planting of fire resistant trees and shrubs to strengthen the resiliency of the City’s urban forest; and WHEREAS, the City Council has determined that the health, safety, and general welfare of the citizens, residents, and visitors of Aspen will be served by this Ordinance, which will provide the necessary updates to the Code so that the Parks and Recreation Director can effectively manage wildfire tree removal and relocation, and balance wildfire risk in manner that does not damage or degrade the urban forest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That Chapter 13.20 of the Municipal Code of the City of Aspen is hereby amended and shall read as follows: Changes to the previous code have been highlighted in red. 369 Sec. 13.20.020. Removal of trees; permit required; valuation. (a)Applicability of Section and definition.The terms and provisions of this Chapter shall apply to all private and public real property situated in or subsequently annexed to the corporate limits of the City. The term tree shall include, for purposes of this Chapter, all deciduous trees having a trunk diameter at breast height (DBH) of six (6) inches or more, Querus gambelli (Gamble Oak), Acer glabrum (Rocky Mountain Maple), Amelanchier spp. (Serviceberry) and Prunus Virginiana (Chokecherry) with a trunk diameter of three (3) inches or more and coniferous trees having a trunk diameter of four (4) inches or more. Trunk diameters (DBH) shall be measured in inches measured as close to four and one-half (4½) feet above ground as possible. (b)Removal or damage to trees prohibited without permit. (1) It shall be unlawful for any person, without first obtaining a permit as herein provided, to remove or cause to be removed any tree. (2) It shall be unlawful for any person, without first obtaining a permit for tree removal as herein provided, to dig, excavate, turn, compact or till the soil within the critical root zone (CRZ)of any tree in such a manner as to cause material damage to the root system of the tree. For purposes of this Subsection, the critical root zone (CRZ)of a tree is a cylinder extending from grade level down to a depth of ten (10) feet below grade, having a radius in feet equal to the diameter at breast height (DBH)of the tree in inches, with the center of the cylinder located at the center of the trunk of the tree. (3) It shall be unlawful for any person to park or place machinery, automobiles or structures; or to pile, store or place, soil, excavated material, fill or any other matter within the critical root zone (CRZ) of any tree. During construction of any structure or other improvements, the Parks and Recreation Director or his or her designee may require the erection of suitable barriers around all trees, including trees not included in the definition set forth at Subsection (a) above, to be preserved. These protection areas will be established on site in order to protect existing natural resources when appropriate. Roots must be protected from exposure to the elements with burlap or other suitable materials and these materials must remain moist during the extent of the project. In addition, during construction, no attachments or wires other than protective guy wires shall be attached to any tree. 370 (4) Where construction of structures or improvements on any property necessitates the removal or relocation of any trees, the Parks and Recreation Director or his or her designee, may, as a condition for the approval of the removal or relocation, require that the owner replace any removed or relocated trees with a tree or trees of comparable value on the affected property. When in the opinion of the Parks and Recreation Director or his or her designee, replacement of removed or relocated trees cannot reasonably be accommodated on the affected property; the applicant shall pay a cash-in-lieu amount equal to the comparable value of the aggregate of all trees removed as determined pursuant to Section 13.20.020(e), below. (5) It shall be unlawful for any person, without first obtaining a permit for tree removal as herein provided, to intentionally top, damage, girdle, limb up or poison any healthy tree. For purposes of this Section, topping a tree is the removal of more than five percent (5%) of the height from the top of any deciduous tree or the removal of the terminal bud from a coniferous tree. The terminal bud of a coniferous tree is the highest bud on the tree. (6) It shall be unlawful for any person, without first obtaining a permit as herein provided, to relocate any tree. If a relocated tree dies within two (2) years of relocation and is not replaced with a tree of equal value, the death of the relocated tree shall be deemed an unpermitted tree removal. This Section shall not apply to the initial planting of trees obtained from nursery stock. (7) It shall be unlawful for any person to fail to provide the Parks and Recreation Director or his or her designee, with written notice, delivered at least four (4) working days in advance, of the time and date on which removal of any tree will occur. Written notice pursuant to this Section is required even if a permit for tree removal, as herein provided, has been obtained. (8)In the event a tree poses a hazard to the public or harbors pests which may spread to other trees the City may give a written notice of abatement to the tree’s owner. After the expiration of the notice the City may correct the hazard or condition caused by the tree, and the owner of the trees will be liable for any costs associated with the abatement work. (9) Each violation of the above Subsections (b)(1—7) shall be a separate offense. 371 (c)Penalty.Any person convicted of violating any provision of Chapter 13.20 shall be subject to punishment as set forth in Section 1.04.080 of this Code. (d)Tree removal permits. (1) Any person wishing to obtain a permit or relocate a tree shall file an appropriate application with the Parks and Open Space department. Such application shall contain such information as the Parks and Recreation Director or his or her designee, shall require to allow adequate enforcement of this Section. (2) On request of the Parks and Recreation Director or his or her designee and when necessary to adequately apprise the Parks and Recreation Director or his or her designee, of the intended tree removal, said application shall include a site plan showing the following: a. Location of proposed driveways and other planned areas or structures on said site; b. Location of all trees four (4) inches or over identified by trunk diameter and species; (3) inches or over for native species. c. Designation of all diseased trees and any trees endangering any roadway pavement or structures and trees endangering utility service lines; d. Designation of any trees proposed to be removed, retained and relocated and areas which will remain undisturbed; e. Any proposed grade changes on the site. f. Location of all site improvements including subsurface improvements such as utilities, irrigation infrastructure or foundation work. (3) After filing said application, the Parks and Recreation Director or his or her designee, shall review the application (and site plan if required) and determine what effect the intended removal or relocation of trees will have on the natural and historic resources of the area. Based on a review of the following factors, the Parks and Recreation Director shall either grant or deny the requested permit: a. Whether the trees intended for removal or relocation are necessary to minimize flood, wildfire, snowslide or landslide hazards; 372 b. Whether retention of the trees is necessary to prevent excess water runoff or otherwise protect the watershed; c. Whether the removal or relocation of the trees will cause wind erosion or otherwise adversely affect air quality; d. The condition of the trees with respect to disease, danger of falling and interference with utility lines; e. The number and types of trees in the neighborhood, the contribution of the trees to the natural beauty of the area and the effect of removal or relocation on property values in the area; f.The necessity or lack thereof, to remove the trees to allow reasonable economic use and enjoyment of the property; g. The implementation of good forestry practices, including consideration of the number of healthy trees that the parcel of land in question can support; h. The adequacy of the methods proposed to be used to relocate any trees; and i.The impact of any tree on a historically designated property or adjacent right-of-way by considering the following matters: 1. In cases where a tree is jeopardizing the physical integrity of a historically designated structure through contact with the building, heaving due to roots or shading that results in decay, deterioration or structural defect, this shall be justification for the issuance of a tree removal permit exempt from mitigation pursuant to Section 13.20.020(d). Examples of unacceptable impacts to a historically designated structure include: deterioration of exterior walls, foundations or other vertical supports; deterioration of flooring or floor supports or other horizontal members; deterioration of external chimneys; deterioration or crumbling of exterior plasters or mortars; ineffective waterproofing of exterior walls, roofs and foundations; the inability to retain paint on exterior surfaces; or excessive weathering of exterior surfaces. The applicant for a tree removal permit shall be required to submit proof of the damage that is occurring in the form of a written evaluation from a third party with expertise in structural engineering or a relevant 373 building trade. The Parks and Recreation Director may suggest means to prevent the tree from causing further damage short of its removal if these actions would meaningfully reverse the problem. 2. In cases where, per the advice of the Historic Preservation Commission, a tree detracts from the integrity of a landscape which has been historically designated for its own merits, this shall be justification for the issuance of a tree removal permit exempt from mitigation pursuant to Section 13.20.020(d). 3. In cases where the visibility of the street facing facades of a historically designated structure are impacted by an evergreen tree which is not located in the City right-of-way, to the extent that the public enjoyment of the resource is seriously diminished per the advice of the Historic Preservation Commission, this shall be justification for the issuance of a tree removal permit exempt from mitigation pursuant to Section 13.20.020(d). The Parks and Recreation Director may consider whether the tree in question has a unique character to offset the negative impact to the structure. This character may include an unusual or unique species or specimen tree quality. The Parks and Recreation Director may suggest means to prevent the tree from obstructing the resource, short of its removal, if these actions would meaningfully reverse the problem. 4. In cases where, per the advice of the Historic Preservation Commission, a tree is inconsistent with established historic landscape patterns in the area or landscape practices associated with the period of significance of the property or district, the removal or relocation of the tree should be considered, subject to mitigation pursuant to Section 13.20.020(d). The Parks and Recreation Director may consider whether the tree in question has a unique character to offset the negative impact to the structure. This character may include an unusual or unique species or specimen tree quality. 5. In cases where, per the advice of the Historic Preservation Commission, the protection of a tree conflicts with the redevelopment of a historically designated property in a manner that is consistent with the "City of Aspen Historic Preservation Design Guidelines," the Parks and Recreation Director shall 374 consult with the Historic Preservation Commission to consider the feasibility of all options including removal or relocation of the tree or redesign of the development. Unless the tree is an unusual or unique species or specimen tree quality, flexibility shall be allowed for its removal or relocation in favor of the best preservation option for the historic structure, subject to mitigation pursuant to Section 13.20.020(d). (4) Where construction of structures or improvements on any property necessitates the removal or relocation of any trees, the Parks and Recreation Director or his or her designee, may, as a condition for the approval of the removal or relocation, require that the owner replace any removed or relocated trees with a tree or trees of comparable value on the affected property. When in the opinion of the Parks and Recreation Director or his or her designee, replacement of relocated trees cannot reasonably be accommodated on the affected property; the applicant shall pay a cash-in-lieu amount equal to the comparable value of the aggregate of all trees removed. Comparable value for purposes of this Section shall mean a tree or trees of equal aggregate value and species to the replacement cost of the tree to be removed or relocated. (5)Where wildfire risk is identified as a basis for a removal permit for either removal or relocation of any trees, the Parks and Recreation Director, or his or her designee, shall either grant or deny the requested permit based upon criteria identified in the Wildfire Mitigation Policy. a. As a condition of approval of the removal or relocation, the Parks and Recreation Director may require that the owner replace any removed or relocated tree with a tree or shrub designated as a fire-resistant species. The Parks and Open Space Department shall maintain a list of suitable fire-resistant tree and plant species and make that list available to the public via its website or at the office of the department. b. When a fire-resistant species is planted to mitigate the value of the removed tree, the value of the fire-resistant plant shall be multiplied by a variable to be established in the Wildfire Mitigation Policy to incentivize replanting landscapes with fire resistant plants, instead of vegetation removal and cash-in-lieu payments. c. When in the opinion of the Parks and Recreation Director or his or her designee, replacement of removed tree with a fire-resistant plant 375 cannot reasonably be accommodated on the affected property; the applicant shall pay a cash-in-lieu amount set forth in the Wildfire Mitigation Policy. d. Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted and incorporated herein by reference as if fully set forth the procedures and policies contained in he Wildfire Mitigation Policy. The Wildfire Mitigation Policy will set forth the criteria and factors to be considered when determining whether wildfire risks necessitate tree removal or relocation, the methodologies and fee waivers that are granted for the purposes of reducing wildfire risk related to vegetation on a property. The Wildfire Mitigation Policy may be amended, updated, and expanded from time to time by City Council Resolution. At least one copy of the Wildfire Mitigation Policy shall be available for public inspection at the offices of the Parks and Open Space Department. (6) No trees shall be removed from City property except in accordance with Chapter 21.20 of this Code. (7) The removal of dead trees shall require prior notice to the Parks and Recreation Director or his or her designee and a permit from the City. (8) In case of an emergency caused by a tree being in a hazardous or dangerous condition posing an immediate threat to person or property, such tree may be removed without resort to the procedures herein described; provided, however, that evidence of such an emergency is provided to the Parks and Recreation Director or his or her designee, within twenty-four (24) hours. (9) After obtaining a permit as herein provided the responsible party must post the permit in such a manner that it is clearly visible from curbside of the property. (e)Valuation of trees.When, in accordance with this Section, the value of a tree must be determined, the Basic Value shall be $X per square inch of the cross- sectional area of the tree at the point where the diameter of the tree is measured. In calculating the Basic Value, the following equation shall be used: Basic Value = $X x π x (D/2)2 376 Where: D = the diameter of the tree in inches, measured at 4.5 feet from the ground. X = the $(dollar) value assigned in the Tree Fees - Mitigation Fee in Section 2.12.080. ( Ord. No. 34-1995 , § 3; Ord. No. 19-2004 § 1; Ord. No. 16-2016 § 2) Sec. 13.20.030. Fees. The applicable administrative fees for tree removal permits and permits to landscape in the public right-of-way shall be as established in Section 2.12.080, Parks Department fees, where a ’Standalone tree removal permit’is a request unrelated to construction activities and a ’Development Tree Removal Permit’is a request where construction of a structure or improvements on any property necessitates the removal or relocation of any trees. ( Ord. No. 19-2004 , § 1; Ord. No. 16-2016 , § 3) Sec. 13.20.040. Appeals. Any person not satisfied with the action taken by the Parks and Recreation Director or his or her designee or any other City staff person regarding an application pursuant to this Chapter shall have the right to take successive appeals, first to the City Manager and then to the City Council. An appeal to the City Manager shall be taken by filing with the City Clerk a signed statement that the applicant desires to appeal to the City Manager, along with a copy of the application and the written denial or the permit objected to. An appeal of a decision by the City Manager to the City Council shall be taken by filing with the City Clerk copies of the application, denial or permit and the written decision issued by the City Manager, along with a signed statement that the applicant desires to appeal to the City Council. Each appeal shall be filed within two (2) days, exclusive of Saturdays, Sundays and legal holidays, of the decision appealed from. An informal summary hearing shall precede a decision by either the City Manager or City Council, and advance notice of the hearing shall be provided to the applicant and the City official whose decision is being appealed as soon as is practicable. The right to appeal an adverse decision by the City Manager to City Council shall be contingent upon City Council's regular meeting schedule. If the applicant's appeal cannot be heard by the City Council within ninety (90) days of the original decision then the City Manager's decision shall be final. 377 ( Ord. No. 19-2004 , § 1) 378 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 23rd day of July 2024. FINALLY, adopted, passed and approved this ____ day of ____, 2024. Torre, Mayor ATTEST:APPROVED AS TO FORM: _________________________________________________ ______________________ Nicole Henning, City Clerk James True, City Attorney 379 Parks and Open Space Wildfire Mitigation Policy Version: July 23, 2024 380 Wildfire Mitigation Policy | 2 Table of Contents Wildfire Mitigation Policy .............................................................................................................................3 Background ...............................................................................................................................................3 Purpose .....................................................................................................................................................3 Fire Mitigation Best Practices ...................................................................................................................3 Mapping Wildfire Risk ...............................................................................................................................4 Criteria for removal or relocation of trees identified as wildfire risk .......................................................4 Fees for Tree Removal ..............................................................................................................................5 Appendix A –List of Fire Resistant Vegetation (shrubs and trees) for Planting ...........................................7 381 Wildfire Mitigation Policy | 3 Wildfire Mitigation Policy Background The City of Aspen Parks and Open Space department and the Aspen Fire Protection District (AFPD) have developed a unified approach to wildfire mitigation strategies within city limits. City staff have developed this policy and matrix to provide guidelines that help analyze the risk that properties face and the opportunities for vegetation removal to help mitigate that risk. The City’s goal is to balance the long-term benefits of a healthy urban forest with the recognized need to make our homes resilient to the threat of wildfire. The department has further worked with the AFPD to determine standards for mapping of wildfire risk, as well as best practices for wildfire mitigation actions and an Intergovernmental Agreement (IGA) between the City and AFPD memorializes this arrangement. This policy works in tandem with Ordinance 11 of 2024, which updates the City of Aspen Municipal Code to provide allowance for property owners to remove trees and shrubs around structures in order to reduce wildfire fuels. Purpose The purpose of this policy is to provide guidelines that balance a healthy urban forest and tree preservation, with fuel reduction and tree removals on properties within the City of Aspen. Trees are an important part of our community, and while this policy aims to keep our community safe from wildfire, we recognize that a healthy urban forest provides a variety of benefits to the community and the larger ecosystem. Fire Mitigation Best Practices The National Fire Protection Agency (NFPA) has developed the Firewise USA program to help residents reduce wildfire risks on their property. This model has been adapted across the country by local organizations to reflect local risks and provide region specific guidance.This third-party program provides the foundation for the Parks and Open Space Departments understanding of best practices for landscape management in relation to structures. Critical to the Firewise program is the definition of the home ignition zone and how to manage the ‘defensible space’ surrounding structures.Defensible space is the area around a structure that has been modified to reduce fire hazard by creating space between potential fuel sources. Critical to the idea of defensible space is the establishment of management zones within the landscape that recognize the role that fuel continuity can play in wildfire behavior. Zone 1 0 –5 Feet from Structure This zone is designed to prevent flames from coming in direct contact with the structure. Zone 2 5 –30 Feet from Structure This zone is designed to give an approaching fire less fuel, which will help reduce the intensity as it gets nearer to structures. Zone 3 30 –100 Feet from Structure This zone focuses on mitigation that keeps fire on the ground, but it’s also a space to make choices that can improve forest health. Healthy forests include trees of multiple ages, sizes and species, where adequate growing room is maintained over time. 382 Wildfire Mitigation Policy | 4 Mapping Wildfire Risk Mapping Wildfire risk is an evolving science that involves a complex analysis of topography, vegetation type, aspect and many other environmental factors. The importance of an accurate and up to date wildfire risk map is recognized by both the AFPD and the Parks department as a foundational tool for understanding the risk that specific properties face in the event of a wildfire. Not all properties in the City of Aspen have the same level of risk, and as a result, allowances for the removal of trees and shrubs for fuel reduction take into account the defined risk for a given properties location within the map. The mapping tool used by The City of Aspen will be from a third-party and vetted for accuracy by the Aspen Fire Protection District. Criteria for removal or relocation of trees identified as wildfire risk The criteria for the removal of vegetation is outlined in the following Wildfire Mitigation Matrix and has been developed using Firewise best management practices and wildfire risk mapping. A property owner intending to remove trees for fire mitigation purposes should follow these steps before proceeding with removal. 1.Contact the Aspen Fire Protection District for a free home assessment. 2.After the home assessment is complete, apply for a tree removal permit from the Parks and Open Space Department and include the home assessment as a part of the submission. 3.Meet with the City forester onsite to discuss the trees proposed for removal and verify the strategies proposed per management zone. **The City Forester will make the final determination on what will be allowed for removal or relocation based on the ‘Wildfire Mitigation Matrix’ (shown below). 4.Following the receipt of a tree removal permit, the tree(s) may be removed by the homeowner or a licensed tree care provider. 5.If replanting of wildfire resistant trees is stipulated as part of the permit, schedule an inspection with the forester once that work is complete. 383 Wildfire Mitigation Policy | 5 As a condition of approval of the removal or relocation of vegetation, the Parks and Recreation Director may require that the owner replace any removed or relocated tree with a tree or shrub designated as a fire-resistant species. The Parks and Open Space Department will maintain a list of suitable fire-resistant tree and plant species and make that list available to the public via its website or at the Parks and Open Space office. Pruning or limbing of vegetation may be recommended or required by the City Forester in lieu of removal. Fees for Tree Removal The valuation of a tree is set forth in Sec. 2.12.080. Parks Department fees of the Municipal Code. This valuation will be applied as the baseline value for trees proposed for fire mitigation removal. When a fire-resistant species is planted to mitigate the value of the removed tree, the value of the fire-resistant plant shall be factored into the fee determination to incentivize replanting with fire resistant plants, instead of vegetation removal and cash-in-lieu payments. 1.Trees removed within 5 feet of a structure will not be subject to mitigation fees as defined in the City of Aspen Municipal Code. 2.Trees removed within 5 –30 feet of a structure will be subject to mitigation fees as defined in the City of Aspen Municipal Code. 384 Wildfire Mitigation Policy | 6 a.Replanting of fire-resistant species within this zone will offset mitigation fees at a ratio of 2:1. For example the removal of an existing tree with mitigation value of $1,000 can be fully offset by the planting of a fire-resistant tree or shrub species valued at $500. 3.Trees removed within 30 -100 feet of a structure will be subject to mitigation fees as defined in the City of Aspen Municipal Code. a.Replanting of fire-resistant species within this zone will offset mitigation fees at a ratio of 1:1. For example the removal of an existing tree with mitigation value of $1,000 can be fully offset by the planting of a fire-resistant tree or shrub species valued at $1,000. Please note the following conditions: 1.The City Forester may also determine that a full or partial fee waiver is warranted. 2.Replanting of Firewise species needs to occur to receive a reduction in calculated fees. If the homeowner elects to not replant trees,the entire calculated fee will be assessed. 3.This policy is intended for stand-alone tree permits for existing structures in the City. The Wildfire Mitigation Policy may be amended, updated and expanded from time to time by City Council Resolution. At least one copy of the Wildfire Mitigation Policy shall be available for public inspection at the offices of the Parks and Open Space Department. 385 Wildfire Mitigation Policy | 7 Appendix A –List of Fire Resistant Vegetation (shrubs and trees)for Planting Fire Resistant Tree List Latin Name Common Name Populus tremuloides aspen Populus angustifolia narrowleaf cottowood Amelanchier alnifolia saskatoon serviceberry Prunus virginiana melanocarpa western chokecherry Betula fontinalis River birch *other related or appropriate species may be considered with fire resistant characteristics such as: -Trees with low sap or resin content (examples: many deciduous species). -Trees with high moisture content -Trees with open, loose branches with allow volume of total vegetation 386 MEMORANDUM TO:Mayor and City Council FROM:Jenn Ooton, Senior Project Manager THROUGH:Sara Ott, City Manager Diane Foster, Assistant City Manager MEMO DATE:August 5, 2024 MEETING DATE:August 13, 2024 RE:Resolution #095, Series 2024 – Approving a Funding Request for West Mountain Regional Housing Coalition Good Deeds Program REQUEST OF COUNCIL: Approval of Resolution #095, Series 2024 SUMMARY AND BACKGROUND: The West Mountain Regional Housing Coalition nonprofit presented a request in July for $450,000 to help stand up a pilot program to convert free market housing into deed restricted housing in the Roaring Fork Valley. Through the program, the WMRHC will buy deed restrictions by offering up to 30 percent of the purchase price of a free market home, allowing homebuyers in the local workforce to pay 70 percent of the home price. Homes in the program will then be priced capped at an annual appreciation of 3 percent annually, with the appreciation starting at the cost of the home paid by the homeowner (70 percent). The City of Aspen is a founding member of the nonprofit, which also includes membership of Snowmass Village, Basalt, Carbondale, Glenwood Springs, Pitkin County, Eagle County, CMC and RFTA. At the work session, there was not consensus on the amount of the contribution for the program. FINANCIAL IMPACTS: Included within the 2024 City of Aspen Budget is $450,000 for this contribution. MANAGER COMMENTS: 387 MEMO From:West Mountain Regional Housing Coalition To:City of Aspen Mayor and Council Re:WMRHC Update and Good Deeds Program Funding Date:August 5, 2024 This memo provides answers to questions posited by the Council at the Work Session on July 8. BACKGROUND The West Mountain Regional Housing Coalition (WMRHC, Coalition) is a tax-exempt non-profit with a mission to increase the availability and accessibility of affordable community housing within the Roaring Fork and Middle Colorado River valleys: Aspen to Parachute. The Coalition intends to launch a deed restriction purchase program, known as Good Deeds, in August of 2024. Modeled after the successful Eagle County Good Deeds, this development-neutral approach “buys down” a market rate home to a more affordable or attainable price for a local income earner in exchange for a permanent deed restriction being added to the property. The City of Aspen is a founding member of the Coalition. The Coalition is requesting that all members financially support this inaugural program. Member contributions thus far range from $100,000 to $1,000,000. The Coalition hopes to leverage these contributions with private philanthropic contributions in effort to meet its goal to bring 30 homes off the free market and into a workforce housing program by 2026. WMRHC presented the Good Deeds program to Aspen City Council in a work session on July 8, 2024. The Coalition respectively requested Council consider a contribution of $450,000 towards this program, raising the total amount received to $2 million for the WMRHC Good Deeds program. A significant funding contribution from the City of Aspen would not only acknowledge this program’s direct benefit to the city’s workforce but would also show regional leadership in the housing innovations space and recognize the value that all local workforce individuals provide to the regional economy and quality of life, regardless of jurisdiction boundaries. The pilot program is relying on 100% buy-in from its members and financial support from across the region to show a ‘proof of concept’ for other funders, such as philanthropic partners or state agencies, and a contribution from the City of Aspen will set a high bar for others. 388 ANSWERED QUESTIONS, CLARIFICATIONS, and ADDITIONAL INFORMATION Eagle County’s Good Deeds Program: Since launching in the summer of 2021, Eagle County Good Deeds, has helped 76 families become homeowners, adding 76 deed-restricted homes into their housing portfolio at a cost of $6,052,383. o Eagle County offers 15% for the purchase of a deed restriction as opposed to the 30% WMRHC will offer. This is because Eagle County offers another 15% in down payment assistance. o Their maximum home purchase price has been $850,000. That maximum is currently being increased to $1,250,000. Good Deeds is the most popular and impactful program of their Bold Housing Moves initiative. They do not collect information to determine if this is a first-time home purchase for their buyers, but, anecdotally, they are all first-time home buyers. Eagle County allows businesses to purchase homes to use as employee housing. No businesses have participated yet. They are not aware of any sellers increasing their listing price due to a buyer’s potential for funding assistance from the Good Deeds program. Success Story – “Last year we worked with a family that came to the USA as refugees from Burma (Myanmar). They came to the Eagle River Valley for a better life, and were able to save and purchase a small business. When they started a family, they realized they needed more space and wanted to put down roots. Using the Good Deeds program, they were able to purchase a single family home in Gypsum. In addition to the couple's two small children, they are also able to provide housing for the buyer's mother. At closing, they told us that had they stayed in Burma/Myanmar they would not be alive. Instead, they are thriving members of the Eagle River Valley Community. “ Contribution Comparisons for WMRHC Good Deeds Program: Total 2024 Appropriations 2022 Workforce Contribution % of Budget $/worker Carbondale $ 32,678,423 4,360 $ 100,000 0.31%$ 23 GWS $ 104,240,757 6,053 $ 200,000 0.19%$ 33 Snowmass $ 80,417,408 1,730 $ 250,000 0.31%$ 145 Pitkin $ 220,934,533 10,500 $ 1,000,000 0.45%$ 95 Aspen $ 154,211,611 4,580 $ 450,000 0.29%$ 98 Basalt $ 30,797,299 2,360 0.00%$ - 389 Employment Requirements: Must prove majority of employment and income earned is from local employer. Proof of local employment is required through submission of tax returns, W2s, etc. Therefore, at least one year of local employment is necessary. Those working for out- of-region employers and those with only employment offer letters will not be considered at this time. Employment will continue to be verified annually. Housing Market Updates: Regionally, the percentage of home sales to non-local buyers has increased from 46% in 2016 to 57% in 2021, showing that more and more homes are sold to buyers that do not earn an income in our region. There are currently 21 homes/units in Pitkin County listed on Zillow for $1.5 million or less – the maximum purchase price WMRHC will consider at this time. In a quick, non-scientific Zillow search, it appears that more than 40 non deed-restricted homes/units have sold for less than $1.5 million in Pitkin County in the last 12 months, the majority of which were in the Basalt and Snowmass areas. If WMRHC raises additional funds, and if it is determined to be necessary because of market trends, WMRHC could consider increasing the maximum purchase price. 390 RESOLUTION #095 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A FUNDING REQUEST BY THE WEST MOUNTAIN REGIONAL HOUSING COALITION FOR THE GOOD DEEDS PROGRAM. WHEREAS, there has been submitted to the City Council a request for funds in the amount of $450,000 to be used expressly for an affordable housing deed restriction purchase program by the nonprofit West Mountain Regional Housing Coalition (WMRHC), which has a mission to ensure equitable access to affordable housing for residents across the Roaring Fork and Colorado River Valleys; and, WHEREAS, the Aspen City Council heard a presentation from WMRHC on July 8, 2024, regarding the request; and WHEREAS, the City of Aspen 2024 Budget includes a placeholder for a contribution to the Good Deeds affordable housing deed restriction purchase program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the request of WMRHC for funding to be used for an affordable housing deed restriction purchase program in the amount of $XXXXXX to be paid from the 150 Housing Development Fund, and does hereby authorize the City Manager to complete the request as she deems appropriate pursuant to this resolution. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of August 2024. Torre, Mayor I, Nicole Henning, 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 13, 2024. 391 Nicole Henning, City Clerk 392 AGENDA ITEM SUMMARY CITY OF ASPEN/ EOTC MEETING DATE: August 13, 2024 AGENDA ITEM TITLE: EOTC 2024 Work Plan & Budget Supplement STAFF RESPONSIBLE: Linda DuPriest, Regional Transportation Director ISSUE STATEMENT: EOTC staff is proposing two additional regional transportation projects for late 2024, to be added to the workplan and budget. Included in the IGA establishing the EOTC in 1993, and later renewed in 2021, is a provision allowing for items to be brought before individual EOTC members at their regular meetings when the full 15-member EOTC is not available to meet at one time. Staff is presenting these two projects slated for Q4 in 2024 individually to the Councils of the City of Aspen and Town of Snowmass Village, and the Pitkin County Board of County Commissioners in August 2024. BACKGROUND: Two opportunities for regional transportation planning, including promotion of public transit and active transportation to reduce dependence on single-occupant vehicles in the upper Roaring Fork Valley have arisen for late 2024. EOTC staff sees these opportunities, and the transportation challenges they work to solve, as appropriate for EOTC funding and focus, as they affect transportation within Pitkin County, beyond the borders of the City of Aspen and Town of Snowmass Village. Those projects are: 1) Maroon Bells Comprehensive Recreation Management Plan (CRMP) 2) Aspen Airport Business Center Transportation Plan EOTC staff seeks approval for these projects to be added to the 2024 Work Plan and Budget. Project descriptions are as follows: Maroon Bells CRMP: Transit, Parking and E-Bike/Cycling Management In 2023, with support from the John A. Volpe National Transportation Systems Center (Volpe Center), Pitkin County, the City of Aspen, the White River National Forest, Roaring Fork Transportation Authority (RFTA), Aspen Skiing Company, and the Aspen Chamber Resort Association completed a comprehensive plan to sustainably provide for and manage recreation at the iconic Maroon Bells Scenic Area. The Maroon Bells Comprehensive Recreation Management Plan (CRMP) provides a framework to sustainably manage recreational access to, and activities within, the Maroon Creek Valley. This plan identifies goals and recommendations to improve sustainable access to and recreation in the Scenic Area while accounting for local economic and other community impacts. All modes of transportation and types of recreation activities were considered as part of this planning process. Several transportation areas have emerged as needing further study and management strategies; 1) the RFTA shuttle and early-morning private shuttle reservation system, 2) parking availability and reservations, and 3) user conflicts along Maroon Creek Rd between groups of e-bikers and motorized traffic. Funding is needed to study and manage these transportation issues that affect Pitkin County as the 393 manager of Maroon Creek Road, the City of Aspen and the Aspen Chamber and Resort Association in their outreach to E-bike rental companies, and the other partners. The cross-jurisdictional nature of mitigating user conflicts and optimizing the transit element lends itself to support from the EOTC in its mandate to help manage regional transportation. The proposed EOTC budgetary contribution to the Maroon Bells CRMP over the next 18 months is $36,800. A draft of the Implementation Plan provided by the Volpe Center is attached. Aspen Airport Business Center Transportation Plan The Lumberyard residential development in the vicinity of the Aspen Airport Business Center (AABC) is triggering significant changes to transportation access along the Hwy 82 corridor. These include the addition of a traffic signal for access to the Lumberyard and the elimination of the “right in, right out” access at the east end of the AABC. Two priority issues resulting from these changes are the need for enhanced bicycle and pedestrian access from the Lumberyard to the AABC and both upvalley and downvalley RFTA bus stops; plus, consideration of additional motor vehicle traffic that will be diverted from the eastern access to the signal at Hwy 82 and Baltic Avenue (the main entrance into the AABC). As the AABC has developed over time, with the addition of the North Forty and other residential development, plus eateries and other uses, significant transportation infrastructure needs and safety issues have emerged. The development lacks sidewalks and bicycle facilities, both on- and off-street parking is under supplied, streets lack markings, and the intersection of Baltic Avenue and Sage Way is particularly hazardous for pedestrians and bicyclists due to its proximity to Hwy 82, lack of crosswalks, and conflicts with motor vehicles accessing Roxy’s Market and the gas station across Baltic. In addition to the new bicycle, pedestrian and vehicle traffic that will be generated by the Lumberyard and closing of the east access, potential future changes triggered by a multimodal plan for the airport, plus introduction of WE- Cycle into the AABC and Airport all call for a focused effort to improve access, connectivity and safety for all modes. The cost estimate for an AABC Transportation Plan is maximum of $200,000, split between Q4 2024 and FY2025. BUDGETARY IMPACT: Going into 2024, EOTC held a reserved fund balance of $6,306,456, and is projected to remain on that course through the end of 2024. These two proposed projects represent an additional expenditure of approximately $136,800. RECOMMENDED ACTION: EOTC staff recommends approval of two additional projects in Q4 2024. ATTACHMENTS: DRAFT Maroon Bells CRMP Implementation SOW (Statement of Work) 394 DRAFT Statement of Work Maroon Bells Comprehensive Recreation Management Plan Implementation Pitkin County Elected Officials Transportation Committee 395 2 1. BACKGROUND Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest (WRNF) in Colorado and is surrounded by the peaks of the central Rocky Mountains. Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old Snowmass, Meredith, Thomasville, and Redstone as well as portions of the town of Basalt. The county maintains 24 bridges and 265 miles of roads, including Maroon Creek Road, which provides sole vehicle access to WRNF’s Maroon Bells Scenic Area (MBSA). With support from the John A. Volpe National Transportation Systems Center (Volpe Center), Pitkin County, the City of Aspen, the WRNF, Roaring Fork Transportation Authority (RFTA), Aspen Skiing Company, and the Aspen Chamber Resort Association developed a comprehensive plan to sustainably provide for and manage recreation at the iconic MBSA. The Maroon Bells Comprehensive Recreation Management Plan (CRMP) provides a framework to sustainably manage recreational access to, and activities within, the Maroon Creek Valley. This plan identifies goals and recommendations to improve sustainable access to and recreation in the Scenic Area while accounting for local economic and other community impacts. All modes of transportation and types of recreation activities were considered as part of this planning process. Pitkin County’s Elected Officials Transportation Committee (EOTC) was established in 1993 as an advisory committee for fixed route public transit within the Roaring Fork Valley. The EOTC is comprised of the elected officials from the City of Aspen, Town of Snowmass Village, and Pitkin County and helps fund RFTA.i RFTA provides exclusive shuttle access to the MBSA for over 150,000 visitors annually from Memorial Day to mid-October. The EOTC requests that the Volpe Center provide technical transportation planning support by working with the partner agencies to implement selected recommendations from the CRMP to sustainably monitor and manage visitors recreating in the MBSA. This interagency agreement (IAA) builds upon a previous agreement in place between the Volpe Center and the County (VP03 and VPN6) and an agreement currently in place with the WRNF (VXP8). 2. PERIOD OF PERFORMANCE The proposed project will begin upon execution of this agreement and end by July 31, 2029. Work by the Volpe Center in support of the tasking set forth below will commence upon approval of this agreement and availability of funding. Specific project deadlines will be documented at the working level for each task. 3. SCOPE OF WORK Through this project, the Volpe Center will implement recommendations from the CRMP to monitor and sustainably manage visitors recreating in the MBSA. This agreement can be amended upon agreement of the signature parties to add specific tasks. If additional work is added in the future, then the new work will be contingent upon the availability of funds and a modification will be executed to add additional funding. A modification describing the scope of work (SOW), roles and responsibilities, project schedule, and project funding must be developed and signed prior to beginning any work beyond what is scoped 396 3 below. Work shall be on a best effort, no fee basis and charges will reflect only actual costs and no profit. Task 1. Right-Sizing Visitation at the Maroon Bells Task Background If followed, the recommendations in the CRMP will ensure that visitation to and recreation in the Bells will be sustainably managed for decades to come. To attain this goal, partners need to right-size visitation levels to the Bells in light of several factors. This work relates to the implementation of the following recommendations (directly to the one in bold): 3.2 Explore peak and off-peak pricing for parking reservations and e-bike rental access to encourage visitation at non-peak times. 2.5 Identify opportunities to eliminate or mitigate user conflict concerns along Maroon Creek Road. 3.2 Coordinate a study during peak and shoulder seasons to determine visitor capacity and better understand the number of reservations that should be sold during each season. 3.12 Explore the feasibility of having free or discounted passes available at the library or another location for those with lower economic means. Task Description To kick-off this work, the Volpe project team will meet with partners to identify the key factors to include in this analysis, such as: • Visitor demand/desire to visit • Visitor experience • Cost of visiting • Cost of operations • Environmental conditions, and • Infrastructure capacity The project team will then talk with partners to understand their current views, future outlooks, and any limitations regarding each of the factors, including how they interact/any dependencies. Based on the outcomes of these conversations, and based on suggestions from the partners, Volpe will talk with additional stakeholders to solicit their input on the factors as well. Next, Volpe will analyze available data to identify any relevant issues or trends to inform its work. Volpe will then create visitation scenarios based on partner and stakeholder conversations and its data analysis. These scenarios will illustrate how each factor can be maximized as well as any trade-offs, compromises, and mutually beneficial outcomes between key factors. Last, Volpe will present its preliminary findings and results to the partners, will refine them based on partners’ input, and will issue a final report with recommended visitation targets based on the scenarios. Deliverables • Notes from conversations • Results from data analysis • Short report (10-15 pages) summarizing results and recommendations 397 4 Timeframe Task Months After Initiation Hold partner and stakeholder conversations One month Analyze data Two months Develop visitation scenarios Three months Present results Four months Task 2. Maroon Bells Data Analysis Task Background If followed, the recommendations in the CRMP will ensure that visitation to and recreation in the Bells will be sustainably managed for decades to come. To attain this goal, data must continue to be collected and analyzed to identify trends, to proactively address emerging issues, and to make progress on attaining the plan’s recommendations. In addition to relating to the implementation of the following recommendations (directly to the ones in bold), this work also informs the work of the MBSA Operations Group. 1.4 Enhance communication, signage, resources, and visitor education to improve dog etiquette at the Maroon Bells – this task will determine if dog etiquette is improving or not over time. 2.3 Provide additional road safety education for bicyclists and further encourage e-bike rental companies to educate clients about road etiquette to ensure greater safety for all road users – this task will determine if bicycle etiquette is improving or not over time. 3.1 Explore different staggered release of booking options for the reservation system, including last-minute reservations – this task will determine if the changes that the partner agencies made to booking options, which are now staggered, were effective. 4.1 Update the interpretive shuttle tour periodically to provide educational and engaging visitor information including leave no trace principles, visitor impacts on natural resources, trail etiquette, and respect for natural soundscapes – this task will determine if the changes that the partner agencies made to the interpretive shuttle tour last year were effective. 4.3 Provide more long-term (i.e., up to 2.5-day) parking, some of which is released a couple of days in advance to account for variable weather conditions for people doing backcountry hikes – this task will determine if the changes that the partner agencies made to booking options for parking, some of which are now released a couple of days in advance, were effective. 4.4 Advertise the availability of early morning shuttle services (e.g., Blazing Adventures) for users (e.g., hikers, photographers) interested in visiting the Maroon Bells before sunrise – this task will provide information regarding the demand for an early morning shuttle; a 7am shuttle was started during the peak season last year. Task Description The Volpe project team will work with partners to collect the following visitor data at the end of each season: 398 • RFTA shuttle ridership • Highlands parking data • County traffic and bike counts • H2O e-bike counts • H2O visitor survey results • H2O reservation data • Concessionaire use data • Webcam video • Others as necessary/available Using these data, Volpe will calculate annual visitation, compare each data source longitudinally/to previous years (to identify trends and issues), and will use the data to inform the partners’ work on attaining CRMP recommendations. Deliverables • Spreadsheets of data (longitudinal for each source) • Annual end of season PowerPoint presentation that highlights trends, issues, and progress towards attaining CRMP recommendations Timeframe Task Months After Initiation Collect operating season data Five months Analyze/compile data Six months Present results Seven months Task 3. Balancing Future Revenue Sharing Task Background If followed, the recommendations in the CRMP will ensure that visitation to and recreation in the Bells will be sustainably managed for decades to come. To attain this goal, partners wish to balance future revenues to ensure that all costs are sustainably covered. This work relates directly to the implementation of the following recommendations (directly to the one in bold): 5.2 Explore decreasing, increasing, and/or re-allocating the shuttle and/or parking fees at the Maroon Bells. 5.3 Improve cost transparency to help explain to the public the basis of the cost to visit the Maroon Bells. Task Description To begin, the Volpe project team will update the revenue and cost tables in the 2023 Business Plan with the most recent data and information available. Next, Volpe will talk with each partner to understand what additional costs they anticipate in future years. Volpe will then analyze each partner’s current revenues and current and future costs to determine what gaps may exist. With this information, Volpe will talk with each partner – separately and/or in a group as necessary – to identify different strategies to address any gaps. These strategies may include increasing shuttle or entrance/amenity fees, creating new fees (e.g., for bicyclists), or increasing visitation (see Right-Sizing Visitation work plan) at certain times, days, or months/seasons. 399 6 Last, Volpe will articulate the pros and cons of each strategy and will identify mitigating actions if feasible. For example, if shuttle ticket prices must increase in the future, perhaps there is a way for there to be discounted shuttle tickets available for low-income segments of the population. To the degree possible, these mitigating actions will align with recommendations and implementation actions in the CRMP. Deliverables • Updated Business Plan baseline figures • Internal notes from conversations • Short report (10-15 pages) summarizing financial and gap analyses, proposed strategies (including their pros and cons) and mitigating actions, and recommended next steps Timeframe Task Months After Initiation Update Business Plan Eight months Analyze financial information Nine months Hold conversations with each partner 10 months Develop proposed strategies and mitigation strategies 11-12 months Summarize report and next steps 13 months 4. SCHEDULE AND COSTS Initial funding for tasks under this agreement is summarized in the table below. All costs listed in this IAA are for Volpe Center staff only. Costs associated with other project participants are not included. Task Short Title Estimated Completion First Increment Second Increment Task 1 Right-Sizing Visitation 4 months $20,666 $0 Task 2 Data Analysis 3 months $10,000 $10,000 Task 3 Balancing Revenues 6 months $0 $51,334 Total $30,666 $61,334 As currently scoped, this work will be funded in two increments: Increment To Cover Task(s) Date $30,666 1 and 2 (1st Half) Summer 2024 $61,334 2 (2nd Half) and all of 3 January 1, 2025 The Volpe Center’s use plan for the new funding is below: Volpe Use of Funds Funding Volpe Direct Labor $85,000 Volpe Contract Support $0 Travel $3,872 Shared Service Fee (3.4%) $3,128 400 7 Other $0 Total $92,000 5. ASSUMPTIONS AND CONSTRAINTS a. The County will review all deliverables and give written feedback within 2 weeks of receipt. b. The County will make available staff to ensure efficient data and document collection. 6. TERMS AND CONDITIONS a. The cost estimates in this Agreement are based on information available at the time of writing the SOW. The County and the Volpe Center will discuss and jointly agree to any significant changes to these cost estimates or reallocation of funding among the tasks and will update the SOW accordingly. If the project scope is modified or expanded, the County and the Volpe Center will modify this Agreement. b. The Volpe Center’s work shall be on a best effort basis (not fixed price) and charges will reflect only actual costs, without profit or fee. c. On-time and on-budget deliverables from the Volpe Center depend on timely and complete reviews of all draft deliverables by the County, which must be completed within 10 business days. d. At the technical close out of the project (when all deliverables have been completed and all charges have been recorded), the Volpe Center will return any unexpended funds to the County in a timely manner. e. The Volpe Center will use reasonable, good faith efforts to complete the work, including procurements, in a timely and efficient manner to be able to meet the milestones in this SOW. The County and the Volpe Center will discuss and jointly agree to any significant changes to the schedule. If the project’s period of performance changes, the County and the Volpe Center will modify the Agreement. i In 1990 the Colorado state legislature passed Colorado Revised Statute 29-2-103.5 that provides counties the authority to levy sales and use taxes “for the purpose of financing, constructing, operating, or maintaining a mass transportation system within the county.” In November 1993, per the Colorado State Statute, Pitkin County voters approved a 0.5% County Transit Sales and Use Tax for the purpose of financing, constructing, operating and managing a mass transportation system within the Roaring Fork Valley. In conjunction with the countywide ballot measure, Pitkin County, the Town of Snowmass Village and the City of Aspen adopted a 1993 Intergovernmental Agreement (IGA) establishing the EOTC, its structure, and further defining how the collected funds may be allocated. The EOTC is therefore responsible for allocating the countywide 0.5% sales tax and a 0.5% use tax funds in a manner that is consistent with State Statute, the 1993 ballot language, and the IGA. 401 MEMORANDUM TO:Mayor and City Council FROM: James R. True, City Attorney DATE OF MEMO: August 7, 2024 MEETING DATE: August 13, 2024 RE:Resolution #096 (Series of 2024) SUMMARY: Following a letter submitted to City Council from a citizen asking City Council to “take up” questions regarding the participation of Councilor Guth in discussions and decisions regarding the Entrance to Aspen, the City Attorney reviewed the issues raised in such letter. Following such review, the City Attorney provided his opinions to City Council in a confidential communication. Presented with this memo is a Resolution that would waive the Attorney/Client privilege in order for this opinion to be made public. DISCUSSION: The privilege regarding communications between an attorney and the attorney’s client is a well-recognized doctrine in American Law. In fact, the attorney client privilege is considered the oldest of the privileges for confidential communications known to the common law. 8 J. Wigmore, Evidence § 2290 (McNaughton rev. 1961). Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice. In Hunt v. Blackburn, 128 U.S. 464, 470, 9 S.Ct. 125, 127, 32 L.Ed. 488 (1888), the U.S. Supreme Court stated that the privilege “is founded upon the necessity, in the interest and administration of justice, of the aid of persons having knowledge of the law and skilled in its practice, which assistance can only be safely and readily availed of when free from the consequences or the apprehension of disclosure.” Certain aspects of this doctrine are even codified in state, C.R.S. Section 13-90-107(1), and local ordinances,Sec. 2.02.030 (b). However, in all instances, the privilege is that of the client, in this instance the City of Aspen acting through the City Council. That being said, it is also well recognized that the privilege can be waived. A waiver can be implied or express and may be broad or limited. There are many reasons why the beneficiary of the privilege may wish to waive the privilege. In this instance, many reasons have been advocated, including governmental transparency and the promotion of information and discourse. Again, whether to waive the privilege or not is within the province of the City Council. RECOMMENDATION: The decision to waive the privilege is within the absolute discretion of the City Council. Although the City Attorney’s Office does not have a recommendation regarding whether to waive the privilege regarding this matter, it recommends that if Council chooses to 402 waive the privilege regarding a confidential communication provided to Council by the City Attorney regarding the entrance to Aspen, that such waiver be limited in scope to the specific Confidential Memorandum addressed in the Resolution. 403 RESOLUTION NO. 096 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, WAIVING THE ATTORNEY CLIENT PRIVILEGE FOR THE LIMITED PURPOSE OF THE RELEASE OF A CONFIDENTIAL MEMORANDUM FROM THE CITY ATTORNEY REGARDING THE PARTICIPATION OF COUNCILOR GUTH IN DISCUSSIONS AND DECISIONS REGARDING THE ENTRANCE TO ASPEN WHEREAS, pursuant to Section 7.1 of the Aspen Municipal Charter, the City Attorney is the legal representative of the City and advises the council and city officials in matters relating to their official powers and duties; and WHEREAS,in this capacity,communications between the City Attorney and the City Council are privileged; and WHEREAS, in the capacity as the attorney for the City, on or about August 5. 2024, the City Attorney prepared and submitted to City Council a confidential communication regarding the Entrance to Aspen, in particular addressing the question of whether Councilor Guth may participate in discussions and decisions regarding the Entrance to Aspen; and WHEREAS,adoption of this resolution would waive the attorney client privilege for the limited purpose of the public release of the August 5, 2024, Confidential Memorandum. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The City Council hereby waives the attorney client privilege for the limited and specific purpose of releasing to the public a Confidential Memorandum dated 404 2 August 5, 2024, prepared by the City Attorney to address the question stated above, with such waiver of the attorney client privilege being for no other purposes whatsoever. Further, Council directs staff to post such memorandum on the City’s website upon the execution of this Resolution by the Mayor. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13th day of August 2024. __________________________ Torre, Mayor I, Nicole Henning, City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. _______________________________ Nicole Henning,City Clerk 405 Rates Rates Engineers / Architects Resource Specialists E-1 141.00$ RS-1 113.00$ E-2 156.00$ RS-2 148.00$ E-3 188.00$ RS-3 210.00$ E-4 220.00$ RS-4 290.00$ E-5 267.00$ RS-5 362.00$ E-6 329.00$ RS-6 444.00$ E-7 456.00$ RS-7 497.00$ Planners Environmental Specialists P-1 170.00$ ES-1 113.00$ P-2 212.00$ ES-2 142.00$ P-3 264.00$ ES-3 182.00$ P-4 295.00$ ES-4 214.00$ P-5 333.00$ ES-5 268.00$ ES-6 344.00$ Designers ES-7 430.00$ D-1 128.00$ ES-8 486.00$ D-2 146.00$ D-3 174.00$ Project Controls D-4 209.00$ PC-1 115.00$ PC-2 152.00$ Technicians PC-3 193.00$ T-1 103.00$ PC-4 248.00$ T-2 124.00$ PC-5 303.00$ T-3 151.00$ PC-6 390.00$ T-4 195.00$ PC-7 491.00$ Surveyors Administration / Management S-1 63.00$ AM-1 81.00$ S-2 84.00$ AM-2 104.00$ S-3 112.00$ AM-3 145.00$ S-4 160.00$ AM-4 185.00$ S-5 202.00$ AM-5 226.00$ S-6 236.00$ AM-6 294.00$ 2-Man Crew (Survey) 243.00$ AM-7 346.00$ 3-Man Crew (Survey) 305.00$ M-1 551.00$ 2-Man Crew (GPS Survey) 265.00$ 3-Man Crew (GPS Survey) 327.00$ Construction Observation C-1 121.00$ C-2 152.00$ C-3 185.00$ C-4 239.00$ C-5 280.00$ Agreement for Professional Services 2022-265 Design Of Water Treatment Facility Improvements Garver Project No. 22W23060 Garver Hourly Rate Schedule: July 2024 - December 2025 Classification Classification Exhibit B City of Aspen 2022-265 Design of Water Treatment Facility Improvements Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 68406 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Basic Services Section 1. TASK 1.1 - CMAR BID/SOLICITATION Contractor outreach/coordination 16 $3,520 Develop CMAR RFP + revisions 4 16 8 4 4 4 4 16 $13,064 Interviews 8 $1,760 Contract negotiations 8 8 4 $5,708 Subtotal - TASK 1.1 - CMAR BID/SOLICITATION 12 48 12 0 0 0 0 4 0 0 0 0 0 4 4 4 16 $24,052 2. TASK 1.2 - CMAR COORDINATION DURING DESIGN CMAR on-boarding and site walk 12 8 16 $10,972 Final GMP review workshop 12 8 16 8 8 4 $15,304 CMAR construction contract negotiations assistance 16 24 8 4 $14,244 Subtotal - TASK 1.2 - CMAR COORDINATION DURING DESIGN 40 40 40 8 0 0 0 8 0 0 0 0 0 0 8 0 0 $40,520 3. TASK 1.3 – INDEPENDENT COST ESTIMATING Garver 30% OPCC 8 4 4 8 16 4 4 $8,740 Garver 60% OPCC 8 4 4 8 12 4 4 $8,176 Garver 90% OPCC 8 4 4 8 12 4 4 $8,176 Review CMAR GMP Estimate 30% 8 4 4 4 16 4 4 $8,116 Review CMAR GMP Estimate 60% 8 4 4 4 12 4 4 $7,552 Review CMAR GMP Final 8 4 4 4 16 4 4 $8,116 Subtotal - TASK 1.3 – INDEPENDENT COST ESTIMATING 0 48 24 0 24 0 36 84 24 24 0 0 0 0 0 0 0 $48,876 4. TASK 2.1 – PRELIMINARY DESIGN FACILITY MODEL AND DRAWINGS 01 - GENERAL SHEETS $0 Civil 4 4 $1,076 Architectural 4 $564 Structural 2 4 $1,004 Process 4 $564 Mechanical 4 4 $1,076 Electrical 2 4 $1,004 BIM 34 $3,502 05 - SITE CIVIL $0 Civil 40 160 160 $59,200 Architectural $0 Structural $0 Process 12 40 $9,588 Electrical 60 $8,760 BIM 38 $4,712 08 - PROCESS INSTRUMENTATION AND CONTROLS DIAGRAMS $0 Process 12 48 48 $18,204 Mechanical 12 $1,872 Electrical 12 48 48 $16,032 BIM 12 $1,236 10 - PRETREATMENT BASINS $0 Civil 8 20 $5,552 Architectural 8 20 $5,552 Structural 20 $2,820 Process 20 60 80 $27,220 Electrical 20 40 40 $16,820 BIM 40 40 40 $15,120 11 - COAGULANT STORAGE AND FEED $0 Civil 8 20 $5,552 Architectural 8 20 $5,552 Structural 20 $2,820 Process 20 60 60 $24,400 Mechanical 10 20 $4,700 Electrical 20 40 40 $16,820 BIM 40 40 40 $15,120 15 - WEST FILTERS $0 Architectural 4 10 $2,776 Structural 12 $1,692 Process 12 30 69 $18,357 Mechanical 10 20 $4,700 Electrical 10 20 20 $8,410 BIM 24 46 46 $14,066 25 - EAST FILTERS $0 Architectural 4 10 $2,776 Structural 12 $1,692 Process 12 30 69 $18,357 Mechanical 10 20 $4,700 Electrical 10 20 20 $8,410 BIM 24 46 46 $14,066 Fayetteville WDCRegional Team Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 64407 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Fayetteville WDCRegional Team 40 - CHEMICAL STORAGE AND FEED 20 20 $5,740 Civil 8 20 $5,552 Architectural 8 20 $5,552 Structural 20 $2,820 Process 20 60 120 $32,860 Mechanical 20 40 $9,400 Electrical 20 40 40 $16,820 BIM 40 80 80 $24,200 70 - SLUDGE LAGOON REHAB $0 Civil 20 20 $5,740 Structural 10 20 $5,020 Process 12 20 40 $12,708 Electrical 12 20 20 $7,612 BIM 10 30 30 $8,320 75 - MISCELLENOUS BUILDING REPAIRS $0 Civil $0 Architectural $0 Structural $0 Mechanical $0 Electrical $0 BIM $0 80 - SCADA UPGRADES $0 Electrical 60 80 $22,120 BIM 10 20 $3,300 90 - SITE ELECTRICAL $0 Civil 10 $1,460 Electrical 10 40 40 $14,150 BIM 10 10 $2,270 Specification TOC 2 4 8 20 8 $6,400 Long Lead Item List 2 4 4 10 10 $5,576 Risk Register 4 4 4 8 8 8 8 $8,904 Quality Control Review 30 30 30 20 $31,680 Subtotal - TASK 2.1 – PRELIMINARY DESIGN FACILITY MODEL AND DRAWINGS 36 40 206 102 62 70 358 1260 220 598 8 178 340 366 20 0 0 $614,648 5. TASK 2.2 – PRELIMINARY DESIGN WORKSHOP Workshop 8 8 16 16 32 16 $30,776 Subtotal - TASK 2.2 – PRELIMINARY DESIGN WORKSHOP 8 8 16 16 0 0 0 32 0 16 0 0 0 0 0 0 0 $30,776 6. TASK 2.3 – GEOTECHNICAL EVALUATIONS Geotech Coordination 8 4 4 $3,204 Subtotal - TASK 2.3 – GEOTECHNICAL EVALUATIONS 0 8 0 0 4 0 0 4 0 0 0 0 0 0 0 0 0 $3,204 7. TASK 3.1 - FINAL DESIGN DRAWINGS AND SPECIFICATIONS 01 - GENERAL SHEETS $0 Civil 8 8 $2,152 Architectural 8 $1,128 Structural 4 8 $2,008 Process 8 $1,128 Mechanical 8 8 $2,152 Electrical 4 8 $2,008 BIM 68 $7,004 05 - SITE CIVIL $0 Civil 80 320 320 $118,400 Architectural $0 Structural $0 Process 24 80 $19,176 Electrical 120 $17,520 BIM 76 $9,424 08 - PROCESS INSTRUMENTATION AND CONTROLS DIAGRAMS $0 Process 24 96 96 $36,408 Mechanical 24 $3,744 Electrical 24 96 96 $32,064 BIM 24 $2,472 15 - WEST FILTERS $0 Architectural 8 20 $5,552 Structural 24 $3,384 Process 24 60 138 $36,714 Mechanical 20 40 $9,400 Electrical 20 40 40 $16,820 BIM 48 92 92 $28,132 25 - EAST FILTERS $0 Architectural 8 20 $5,552 Structural 24 $3,384 Process 24 60 138 $36,714 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 65408 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Fayetteville WDCRegional Team Mechanical 20 40 $9,400 Electrical 20 40 40 $16,820 BIM 48 92 92 $28,132 40 - CHEMICAL STORAGE AND FEED 40 40 $11,480 Civil 16 40 $11,104 Architectural 16 40 $11,104 Structural 40 $5,640 Process 40 120 240 $65,720 Mechanical 40 80 $18,800 Electrical 40 80 80 $33,640 BIM 80 160 160 $48,400 75 - MISCELLANEOUS BUILDING REPAIRS $0 Civil $0 Architectural $0 Structural $0 Mechanical $0 Electrical $0 BIM $0 80 - SCADA UPGRADES $0 Electrical 120 160 $44,240 BIM 20 40 $6,600 90 - SITE ELECTRICAL $0 Civil 20 $2,920 Electrical 20 80 80 $28,300 BIM 20 20 $4,540 Specifications 16 20 20 20 40 60 20 20 40 $42,984 60% Deliverable $2,500 90% Deliverable $2,500 100% Deliverable $2,500 Quality Control Review 48 60 60 40 $59,412 Subtotal - TASK 3.1 - FINAL DESIGN DRAWINGS AND SPECIFICATIONS 48 60 260 120 108 124 400 1744 440 816 16 176 480 536 40 0 0 $859,176 8. TASK 3.2 - CONSTRUCTION SEQUENCING REVIEW AND PLAN Construction Sequence Review and Planning 8 8 8 8 16 16 12 12 $17,152 Subtotal - TASK 3.2 - CONSTRUCTION SEQUENCING REVIEW AND PLAN 8 8 8 8 0 0 16 16 0 12 0 0 12 0 0 0 0 $17,152 9. TASK 3.3 – FINAL DESIGN WORKSHOPS 60% Workshop 8 8 16 16 32 16 $30,776 90% Workshop 8 8 16 16 32 16 $30,776 Subtotal - TASK 3.3 – FINAL DESIGN WORKSHOPS 16 16 32 32 0 0 0 64 0 32 0 0 0 0 0 0 0 $61,552 10. TASK 4.1 - BIDDING SUPPORT Contractor Questions 4 60 20 20 10 40 40 20 $43,436 Addenda 20 10 20 40 20 20 $20,990 Pre-bid meeting 8 $2,010 Site tour with bidders 4 $1,130 Bid opening 4 $880 Recommendation of award 4 8 $3,076 Conformed documents 8 10 20 40 $11,650 Subtotal - TASK 4.1 - BIDDING SUPPORT 8 112 40 20 10 0 60 80 0 20 0 0 40 60 0 0 0 $83,172 11. TASK 5.1 - PROJECT MANAGEMENT Weekly internal design coordination meetings 52 26 26 26 26 26 52 26 26 26 $58,630 Biweekly meetings with City of Aspen 26 104 52 4 4 4 4 26 $55,532 WDC coordination 312 $73,640 Invoicing 24 48 $18,456 Subtotal - TASK 5.1 - PROJECT MANAGEMENT 50 516 78 30 30 30 30 78 0 26 0 0 26 26 0 0 0 $206,258 12. TASK 5.2 – CDPHE PERMITTING Develop remaining materials for CDPHE submittal/final BDR 120 16 4 8 16 8 $37,060 Compiling/formatting final BDR 40 4 8 16 $12,644 BDR Revisions from City 16 4 2 8 16 8 $9,698 Subtotal - TASK 5.2 – CDPHE PERMITTING 0 176 20 10 0 0 16 40 0 0 0 0 0 32 0 0 0 $59,402 13. TASK 5.3 – CITY PERMITTING SUPPORT DURING FINAL DESIGN Assisting City staff with submittals 40 16 $14,064 City Council presentations 40 16 $14,064 Subtotal - TASK 5.3 – CITY PERMITTING SUPPORT DURING FINAL DESIGN 0 80 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $28,128 Subtotal - Basic Services Section 226 1160 768 346 238 224 916 3414 684 1544 24 354 898 1024 72 4 16 $2,076,916 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 66409 APPENDIX B City of Aspen 2022-265 Design of Water Treatment Facility Improvements All Tasks WORK TASK DESCRIPTION E-6 E-4 E-6 E-5 E-4 E-3 E-2 E-1 D-3 D-2 D-1 T-3 T-2 T-1 E-5 RS-2 AM-4 TOTAL hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr.hr. Fayetteville WDCRegional Team Additional Services Section 1. TASK 7.1 – DETAILED DESIGN AND PREPARE CONSTRUCTION PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS 70 - SLUDGE LAGOON REHAB $0 Civil 40 40 $11,480 Structural 20 40 $10,040 Process 24 40 80 $25,416 Electrical 24 40 40 $15,224 BIM 20 60 60 $16,640 10 - PRETREATMENT BASINS $0 Civil 24 60 $16,656 Architectural 24 60 $16,656 Structural 60 $8,460 Process 60 180 240 $81,660 Electrical 60 120 120 $50,460 BIM 120 120 120 $45,360 11 - COAGULANT STORAGE AND FEED $0 Civil 24 60 $16,656 Architectural 24 60 $16,656 Structural 60 $8,460 Process 60 180 180 $73,200 Mechanical 30 60 $14,100 Electrical 60 120 120 $50,460 BIM 120 120 120 $45,360 Specifications 8 8 8 8 10 20 8 8 16 $16,220 60% Deliverable $2,500 90% Deliverable $2,500 100% Deliverable $2,500 PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS 0 0 248 128 28 38 434 1060 0 568 0 260 308 316 0 0 0 $546,664 2. TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES Develop Additional Construction Packages 20 20 20 40 40 80 80 $45,420 Subtotal - TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES 0 20 20 0 20 0 40 40 0 0 0 0 80 80 0 0 0 $45,420 Subtotal - Additional Services Section 0 20 268 128 48 38 474 1100 0 568 0 260 388 396 0 0 0 $592,084 Project Totals (hours)226 1,180 1,036 474 286 262 1,390 4,514 684 2,112 24 614 1,286 1,420 72 4 16 $2,669,000 Project Totals (Cost) $74,354 $259,600 $340,844 $126,558 $62,920 $49,256 $216,840 $636,474 $119,016 $308,352 $3,072 $92,714 $159,464 $146,260 $19,224 $592 $2,960 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 67410 Exhibit A - Scope of Services Page 1 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 EXHIBIT A (SCOPE OF SERVICES) Garver agrees to perform engineering services for the City of Aspen (Owner) Water Treatment Facility (WTF) Campus Improvements as stated below and in accordance with the stipulations in this agreement. The current scope includes detailed design, procurement support for selecting a Construction Manager at Risk (CMAR), project management during detailed design, and completion of or assistance with relevant permits and approvals. The proposed improvements include construction of new facilities and rehabilitation of existing facilities to increase the performance and the ease of operation and maintenance activities at the WTF. The scope of the proposed work was developed during the previous conceptual design phase and will be detailed in the Preliminary Basis of Design Report delivered as part of that phase of work. In general, the design scope includes the following: A. Electrical a. Replace the West and East Plant MCCs. b. Provide electrical infrastructure for 75-HP air scour blowers at both plants. c. Modifications to electrical distribution system to provide independent feeders to East Plant, West Plant, chemical building, and administration building for increased electrical resiliency d. Remove abandoned conduit, wires, junction boxes, and equipment. e. Connect the Music School Pump Station to the standby generator. B. Controls a. Design upgrades/replacements for programmable logic controllers (PLCs) and remote telemetry units (RTUs) in the water treatment facility. b. New filter controls to provide for redundant processors to control both plants. c. Design improvements and upgrades to the filter control consoles, anticipated to be full replacement and upgrades to modern standards. d. Relocate radios into a temporary panel. e. Design of new and/or replacement of instrumentation as required for process improvements. f. Provide new SCADA architecture for the new fiber ring. g. Integrate the Qdos chemical metering pumps, purchased by the City in 2024, into the SCADA system. C. Chemical storage, application, and mixing a. Decommission the existing sodium hypochlorite storage building. b. Construct a new chemical storage and feed building which combines the chlorination and fluoridation facilities (storage, batch, and feed). Evaluate option to relocate chlorination and fluoridation dose locations to the clearwell inlet piping adjacent to the proposed chemical building. c. Ensure new building and feed panel design is sited to allow for safe and efficient delivery of bulk chemicals. d. Provide demolition and decommissioning design and planning for the existing fluoride feed and storage systems at the water treatment facility. e. Redesign the potable water meter vault and incorporate into the new chemical building and include new flowmeters, drain to sewer, and entry point monitoring instrumentation. f. Install a motor-actuated valve and air release valve to isolate the clearwell from the distribution system at a low water level set point. Valves will be installed either in the proposed new potable water meter vault or a new vault slightly downgradient. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 44411 Exhibit A - Scope of Services Page 2 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 g. Design relocation of existing piping/other utilities to facilitate location of building in this location. D. Media filters and scouring a. Replace filter beds (including media and underdrains) in both East and West Plants. b. Replace the existing surface wash system with an air scour system. c. Replace the existing backwash pumps with new pumps and VFDs. d. Replace older filter gallery valves and actuators. e. Add hand-actuated valves to allow for isolation of half of the filter beds at the West Plant. f. Replace piping as necessary at the West Plant to reduce hydraulic bottlenecks. g. Route process drains to sewer. E. Exterior buildings and site a. Develop WTF campus drainage plan. i. Re-grade existing site for improved drainage and to facilitate process improvements as necessary. ii. Design a storm drain system in accordance with Aspen Engineering Department approved drainage plan. iii. Relocate and/or incorporate building roof drainage downspouts into storm drain design. b. Design and construct the following yard piping for process improvements: i. Chemical feed piping associated with new chemical facility ii. Rerouting of finished water piping to allow for a single distribution point of entry location. iii. Re-routing filtered water piping as necessary for hydraulic improvements iv. Preliminary design for yard piping associated with proposed sedimentation basins and filters (or full design, if Phase 7, Task 7.1 is desired) v. Preliminary design for yard piping associated with adding a second backwash pond (or full design, if Phase 7, Task 7.1 is desired) c. Grade for and designate parking spaces d. Reconstruct the ADA ramp on the north side of the admin building in accordance with renderings shown on April 5, 2024, email from Greta Stetson and Jesus Sosa. F. Hydraulic improvements a. Lengthen the West Plant filtered water box weir opening b. Lengthen the East Plant filtered water box weir opening c. Re-route East Plant filtered water clearwell feed pipe to be adjacent to the West Plant clearwell feed pipe. G. Flocculation and sedimentation processes a. Demolish the existing West Plant clarifiers and construct three flocculation/sedimentation basins with a combined capacity of 26 mgd. b. This design will include new raw water piping, a meter vault, rapid mix chambers and equipment, flocculation equipment, plate settlers, and sludge collection equipment. c. A building will be designed to house the rapid mix chambers and equipment as well as coagulant storage and feed systems. d. The flocculation and sedimentation basins will be covered with insulated FRP or aluminum covers to minimize freezing. H. Backwash ponds and residuals handling process a. Construct a second backwash pond to the north of the existing pond to add capacity and improve settling and operational flexibility. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 45412 Exhibit A - Scope of Services Page 3 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 b. Construct new drying beds to allow for freeze/thaw cycling and provide for residuals storage throughout the winter. 1. PHASE 1 – CMAR SUPPORT 1.1. TASK 1.1 – CMAR BID/SOLICITATION A. Garver will support the City in developing a request for proposal (RFP) for CMAR solicitation. The RFP should be published with sufficient time to allow for interview and selection of a CMAR by August 2024. To facilitate an efficient design phase, Garver recommends contracting the CMAR prior to the initiation of preliminary design. The CMAR solicitation process will be based on qualifications and price and the successful CMAR will be identified based on best value. The CMAR solicitation documents will be EJCDC standards. a. Garver will develop a CMAR solicitation and solicit statements of qualifications (SOQs) and cost summary forms (for representative packages) from up to four (4) contractors OR Garver will assist the City in posting a public bid. b. Garver will participate in in-person interviews at the City’s request for up to three (3) qualified CMAR contractors. c. Garver will review CMAR SOQs and cost summaries and make a recommendation to the City for selection. d. Garver will assist the City in negotiating a CMAR Preconstruction Contract with the selected CMAR that provides for the City to leave the contract, if desired, at the final GMP. e. Garver will assist the City in adopting EJCDC standard contract documents and revising them, where necessary, to reflect the City’s requirements. 1.2. TASK 1.2 – CMAR COORDINATION DURING DESIGN A. Following CMAR selection, Garver will conduct a project on-boarding meeting and site walk with the CMAR and the City to present the conceptual design of the proposed improvements. Up to three (3) representatives from Garver will conduct this meeting and site walk. In addition to familiarizing the CMAR with the project, the goal of this meeting and site walk is for the CMAR to provide input on phasing and construction sequencing. B. Garver will conduct design review meetings with the CMAR and Owner at each milestone deliverable. Garver will solicit feedback from the CMAR on value engineering, materials of construction, maintenance of operations, and building systems. C. Garver will collaborate with the CMAR to develop a risk register to track project risks and mitigation techniques. D. Garver will assist the City in negotiating a CMAR construction contract for each bid package. 1.3. TASK 1.3 – INDEPENDENT COST ESTIMATING A. Garver will review the CMAR-developed cost estimate at the preliminary, 60%, and 90% design phases. Garver will also build its own cost estimates at the preliminary, 60%, and 90% phases to serve as checks on the CMAR-presented GMPs and will actively participate in cost reconciliation. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 46413 Exhibit A - Scope of Services Page 4 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 a. Garver will prepare comparison spreadsheets between the CMAR OPCC and Garver’s OPCC at each design phase. b. Garver will participate in a final GMP review workshop at 90%. During the GMP review workshop the CMAR will present open book accounting and a final GMP for each bid package. Garver will review the final GMP with the City and assist in up to two rounds of review and revisions to the bid package. 2. PHASE 2 – PRELIMINARY DESIGN 2.1. TASK 2.1 – PRELIMINARY DESIGN FACILITY MODEL AND DRAWINGS A. Garver will use the previously developed existing conditions BIM model to develop a revised 3D model that includes the City’s preferred improvements. B. Garver will develop preliminary plans. The preliminary plans will include the following: a. General notes b. Hydraulic profile c. Process layout plans and section d. Process and instrument diagrams e. Civil grading and paving plans f. Civil yard piping plans g. Electrical one lines C. Garver will develop a draft Table of Contents for technical specifications. Based on the technical specifications and equipment expected for the project, Garver will work with the CMAR develop a list of long lead time items for the CMAR to consider as an early procurement bid package. D. Task 1 Deliverables: (a) Access to 3D models (b) Preliminary Design Review Package a. Preliminary design drawings b. Draft technical specification table of contents 2.2. TASK 2.2 – PRELIMINARY DESIGN WORKSHOP A. Preliminary Design Workshop Garver will plan and host a Preliminary Design Workshop. This workshop will generally include the following agenda items: (a) Review draft updated facility BIM (b) Review drawings alongside the BIM review (c) Long lead time equipment (in collaboration with the CMAR) (d) Risk register (in collaboration with the CMAR) B. Task 2 Deliverables: (a) Meeting minutes including a table of all preliminary design comments and decisions Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 47414 Exhibit A - Scope of Services Page 5 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 2.3. TASK 2.3 – GEOTECHNICAL EVALUATIONS A. Geotechnical Investigations for Design Garver will coordinate with City of Aspen to identify bore hole locations for geotechnical drilling to support foundation design where needed. Garver will develop a site plan drawing showing locations and depth of proposed bores. We anticipate that approximately ten bores will be needed: a. One bore at two corners of the potential new chemical building b. Four bores at the corners of the proposed flocculation and sedimentation basin c. Four bores in the vicinity of the proposed backwash pond Garver will coordinate with the City of Aspen to hire a geotechnical engineer to complete geotechnical exploration and provide a geotechnical report with foundation recommendations for the modifications and new buildings identified during conceptual design. B. Task 4 Deliverables a. Geotechnical Bore Plan b. Geotechnical Scope for RFP 3. PHASE 3 – DETAILED DESIGN AND PREPARE CONSTRUCTION DOCUMENTS A. During the detailed design phase of the project, Garver will conduct final design to prepare issued for construction plans and specifications for one (1) construction contract, including final construction drawings and technical specifications. The final design phase is anticipated to have three major submittals at 60%, 90%, and 100%. B. Garver will complete final design for the following improvement areas: a. Electrical b. Controls c. Chemical storage, application, and mixing d. Media filters and scouring e. Exterior buildings and site f. Hydraulic improvements C. Final design for the flocculation and sedimentation process improvements and the backwash ponds and residuals handling improvements may be completed under Special Services. 3.1. DRAWINGS AND SPECIFICATIONS A. Based upon the results of the approved preliminary design by the Owner, Garver will develop the detailed plans and specifications as a part of the Final Design for a single construction contract. Garver will provide only technical specifications. Front end documents will be the responsibility of the CMAR. a. Garver anticipates approximately 250 drawings. A preliminary sheet list is included in Attachment A. b. Garver will follow the most recent available Construction Specifications Institute MasterFormat guidelines for the content and indexing of the technical specifications. A preliminary list of technical specifications is included in Attachment A. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 48415 Exhibit A - Scope of Services Page 6 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 B. During the detailed design phase of work periodic conformance reviews will be held internally and with the City to ensure compliance with all City of Aspen Standards and Policies, including the current adopted IBC and NFPA requirements. Code conformance review will be completed during each QA/QC review at 60% and 90% design milestones. 3.2. CONSTRUCTION SEQUENCING REVIEW AND PLAN A. Garver, CMAR, and Owner will review potential construction sequencing and the overall approach to project implementation to minimize disruption of the WTF operation during construction. Construction sequencing discussions will be focused on the 60% design milestone. The agreed-upon work sequence will be incorporated into the 90% documents for review. 3.3. DETAILED DESIGN WORKSHOPS A. Garver will lead design review workshops at 60% and 90%. These workshops will be held at the Aspen WTF to solicit comments and feedback from the Owner. Following the 90% Workshop, review comments will be updated into the final bid-ready plans and specifications. These design review meetings will include design progress submittals that provide comprehensive project plans, coordinated between disciplines, in electronic format and one (1) full-size hard copy plan set. B. The 60% Design Workshop will include the following agenda, with focus on electrical and SCADA improvements. a. Drawing and design review b. Electrical design review c. PLC selection, remote site communication, and any updates to the SCADA architecture d. Process control description review e. Maintenance of plant operations review f. Listed equipment manufacturer review g. Long lead pre-purchase C. The 90% Design Workshop will include the following agenda: a. Drawing and design review b. Maintenance of plant operations final review c. Bidding packaging 3.4. DETAILED DESIGN PHASE DELIVERABLES A. This phase will include the following deliverables: a. At 60% Design: i. Electronic PDF copies of Plans and Specifications ii. One (1) full-sized hard copy of the Plans, at City’s request iii. Electronic copy of Garver’s OPCC b. At 90% Design: i. Electronic PDF copies of Plans and Specifications ii. One (1) full-sized hard copy of the Plans, at City’s request iii. Electronic copy of Garver’s OPCC Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 49416 Exhibit A - Scope of Services Page 7 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 c. At 100% Design: i. Electronic PDF copies of Plans and Specifications ii. Two (2) hard copies of the Specifications iii. One (1) full-sized hard copy of the Plans iv. Two (2) half-sized hard copies of the Plans v. Electronic copy of Garver’s OPCC 4. PHASE 4 – BIDDING SUPPORT SERVICES A. Garver will also assist with CMAR-led bidding. The scope of services assumes the bidding period for prequalified bidders is 60 calendar days. During the bidding period phase of the project, Garver will: a. Support the contract documents by preparing addenda as appropriate and providing to City Staff. b. Participate in a pre-bid meeting. c. Participate in a construction site tour by interested pre-bid meeting attendees and other interested parties. d. Attend the bid opening. e. Attend and participate in reporting recommendation of award to City Council. f. Assist City in preparing construction contracts. g. Prepare conformed documents and provide: i. To the Contractor: three (3) hard copies of specifications, three (3) hard copies of full-size drawings and three (3) hard copies of half-size drawings. Electronic (PDF) copies to be provided as requested. ii. To the Owner: three (3) hard copies of specifications and three (3) hard copies of half-size drawings. Electronic (PDF) copies to be provided as requested. 5. PHASE 5 – PROJECT MANAGEMENT AND PERMITTING SUPPORT 5.1. TASK 5.1 - PROJECT MANAGEMENT a. Garver will provide ongoing project management including but not limited to the following: a. Coordinating with internal team members, subcontractors, and the Owner during planning stages b. Conducting internal reviews including QA/QC comments of deliverables with the comments incorporated prior to delivery to Owner c. Providing project planning and scheduling including meeting with Owner as required to coordinate the planning and scheduling tasks of the project d. Providing the Owner with monthly project status reports including progress on work tasks and schedule throughout the project e. Submitting to the Owner detailed monthly invoices 5.2. TASK 5.2 – CDPHE PERMITTING A. Garver will expand on the preliminary BDR developed during conceptual design to develop the final BDR required for the CDPHE design review process. Garver will develop additional analyses and documentation as necessary to meet CDPHE requirements including, but not limited to, the following: a. Research on and descriptions of sources of potential contamination b. Summaries of historical flow and water quality data Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 50417 Exhibit A - Scope of Services Page 8 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 c. Monitoring and sample evaluation d. Process flow diagrams e. Preliminary plan of operation The final BDR, plans, and specifications will be submitted to CDPHE initially at 60% design to allow for requests for information and other coordination with CDPHE well before the planned construction start date. Garver will respond to any requests for information (RFIs) from CDPHE in response to the BDR and other design review submittals. 5.3. TASK 5.3 – CITY PERMITTING SUPPORT DURING DETAILED DESIGN A. Garver will provide ongoing permit support during the project. Anticipated work includes the following: a. Assisting Utilities Department Staff in educating and informing other City Departments and Council on the upcoming project. b. Assisting Utilities Department Staff in preparing/submitting applications for local planning approvals at the City and County Level, including special use applications, landscape and grading applications, or other City and County planning processes. c. Garver assumes that the City will submit all local permit applications and approvals and pay all required application fees. 6. PHASE 6 – CONSTRUCTION ADMINISTRATION (POST DESIGN CONTRACT) Garver has local engineering staff in the Roaring Fork Valley and would be pleased to prepare a proposal for Construction Administration (CA) services after construction award of this project. 7. PHASE 7 – SPECIAL SERVICES Services listed in Phase 7 - SPECIAL SERVICES will only be used with written authorization from the Owner. 7.1. TASK 7.1 – DETAILED DESIGN AND PREPARE CONSTRUCTION PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS Garver will conduct final design to prepare issued for construction plans and specifications for the flocculation and sedimentation process improvements and the backwash ponds and residuals handling improvements concurrently with the Phase 3 tasks discussed above. 7.2. TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES The base contract is for a single construction phase or package. This task will authorize Garver to package the design into up to three (3) construction bid packages. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 51418 Exhibit A - Scope of Services Page 9 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 8. SCHEDULE Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed. An estimated schedule is shown below but these dates are not binding. The project schedule will be updated as necessary subject to City approval. Phase Description Calendar Days Estimated Completion Date Notice to Proceed 0 8/16/2024 Develop and publish CMAR RFP 28 8/16/2024-9/13/2024 CMAR selection 35 9/13/2024-10/18/2024 CMAR contract negotiations 21 10/18/2024-11/8/2024 CMAR project on-boarding meeting and site walk 1 11/11/2024 Preliminary design 88 11/11/2024-2/7/2025 60% design and submittal of BDR to CDPHE 91 2/7/2025-5/9/2025 90% design 91 5/9/2025-8/8/2025 100% design package submittal 49 9/26/2025 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 52419 Exhibit A - Scope of Services Page 10 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 9. FEE Garver will complete the work, including the Special Services tasks, for $2,669,000. A summary of Garver’s fee is shown below: Basic Services Estimated Fee PHASE 1 – CMAR SUPPORT $ 113,448 PHASE 2 – PRELIMINARY DESIGN $ 648,628 PHASE 3 – DETAILED DESIGN AND PREPARE CONSTRUCTION DOCUMENTS $ 937,880 PHASE 4 – BIDDING SUPPORT SERVICES $ 83,172 PHASE 5 – PROJECT MANAGEMENT AND PERMITTING SUPPORT $ 293,788 Subtotal for Basic Services Section $ 2,076,916 Special Services Estimated Fee TASK 7.1 – DETAILED DESIGN AND PREPARE CONSTRUCTION PACKAGES FOR PRETREATMENT AND RESIDUALS HANDLING IMPROVEMENTS $ 546,664 TASK 7.2 – MULTIPLE CONSTRUCTION PACKAGES $ 45,420 Subtotal for Special Services Section $ 592,084 TOTAL $ 2,669,000 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 53420 Exhibit A - Scope of Services Page 11 of 11 22W23060 - Aspen WTF Improvements Design and Pre-Construction July 18, 2024 ATTACHMENT A – DRAFT SHEET LIST AND DRAFT TECHNICAL SPECIFICATIONS LIST Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 54421 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #1 01 G 001 01-G001 COVER SHEET 2 01 G 002 01-G002 INDEX OF DRAWINGS 3 01 G 003 01-G003 INDEX OF DRAWINGS 4 01 G 004 01-G004 GENERAL CONVENTIONS AND ABBREVIATIONS 5 01 G 005 01-G005 PROCESS FLOW DIAGRAM 6 01 G 006 01-G006 HYDRAULIC PROFILE - EAST PLANT 7 01 G 007 01-G007 HYDRAULIC PROFILE - WEST PLANT 8 01 G 008 01-G008 RESIDUALS HYDRAULIC PROFILE 9 01 G 009 01-G009 MASS BALANCE 10 01 G 010 01-G010 CIVIL NOTES AND LEGEND 1 11 01 G 011 01-G011 CIVIL NOTES AND LEGEND 2 12 01 G 012 01-G012 PROCESS & INSTRUMENTATION DIAGRAM LEGEND 13 01 G 013 01-G013 STRUCTURAL NOTES, LEGEND, AND ABBREVIATIONS 14 01 G 014 01-G014 BUILDING CODE REVIEW 15 01 G 015 01-G015 PROCESS MECHANICAL NOTES, LEGENDS, AND ABBREVIATIONS 16 01 G 016 01-G016 BUILDING MECHANICAL NOTES, LEGENDS, AND ABBREVIATIONS 17 01 G 017 01-G017 ELECTRICAL NOTES, LEGENDS, AND ABBREVIATIONS 18 05 C 101 05-C101 EXISTING SITE PLAN 19 05 X 101 05-X101 PROPOSED DEMOLITION PLAN 20 05 C 102 05-C102 PROPOSED SITE PLAN 21 05 C 105 05-C105 CONSTRUCTION SEQUENCE PLAN 22 05 C 201 05-C201 GRADING, PAVING, AND DRAINAGE PLAN - OVERVIEW 23 05 C 202 05-C202 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 1 24 05 C 203 05-C203 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 2 25 05 C 204 05-C204 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 3 26 05 C 205 05-C205 GRADING, PAVING, AND DRAINAGE PLAN - ENLARGED 4 27 05 C 206 05-C206 ROAD PROFILES 1 28 05 C 207 05-C207 ROAD PROFILES 2 29 05 C 208 05-C208 TYPICAL ROAD SECTIONS 1 30 05 C 209 05-C209 EROSION CONTROL PLAN 1 31 05 C 210 05-C210 EROSION CONTROL PLAN 2 32 05 C 211 05-C211 DRAINAGE AREA MAP - EXISTING OVERVIEW 33 05 C 212 05-C212 DRAINAGE AREA MAP - PROPOSED OVERVIEW 34 05 C 213 05-C213 DRAINAGE PROFILES 1 35 05 C 300 05-C300 EXISTING YARD PIPING PLAN - OVERVIEW 36 05 C 301 05-C301 EXISTING YARD PIPING DEMOLITION PLAN - OVERVIEW 37 05 C 302 05-C302 PROPOSED YARD PIPING PLAN - OVERVIEW 38 05 C 303 05-C303 PROPOSED YARD PIPING PLAN - ENLARGED 1 39 05 C 304 05-C304 PROPOSED YARD PIPING PLAN - ENLARGED 2 40 05 C 305 05-C305 PROPOSED YARD PIPING PLAN - ENLARGED 3 41 05 C 306 05-C306 PROPOSED YARD PIPING PLAN - ENLARGED 4 42 05 C 307 05-C307 YARD PIPING PROFILES 1 43 05 C 308 05-C308 YARD PIPING PROFILES 2 44 05 C 309 05-C309 YARD PIPING PROFILES 3 45 05 C 310 05-C310 YARD PIPING PROFILES 4 46 05 C 311 05-C311 CHEMICAL YARD PIPING PROFILES 1 47 05 C 312 05-C312 CHEMICAL YARD PIPING PROFILES 2 48 05 C 501 05-C501 CIVIL DETAILS 1 49 05 C 502 05-C502 CIVIL DETAILS 2 50 05 E 100 05-E100 ELECTRICAL SITE PLAN - OVERVIEW 51 05 E 101 05-E101 ELECTRICAL SITE PLAN 1 52 05 E 102 05-E102 ELECTRICAL SITE PLAN 2 53 05 E 103 05-E103 ELECTRICAL SITE PLAN - ENLARGED SECURITY GATE 54 05 E 201 05-E201 ELECTRICAL DUCT BANK PROFILES 1 55 05 E 202 05-E202 ELECTRICAL DUCT BANK PROFILES 2 56 08 I 151 08-I151 WEST PLANT FILTER 1-2 P&ID DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title Page 1 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 55422 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 57 08 I 152 08-I152 WEST PLANT FILTER 3-4 P&ID 58 08 I 153 08-I153 WEST PLANT FILTER 5-6 P&ID 59 08 I 154 08-I154 WEST PLANT FILTER 7-8 P&ID 60 08 I 251 08-I251 EAST PLANT FILTER 1-2 P&ID 61 08 I 252 08-I252 EAST PLANT FILTER 3-4 P&ID 62 08 I 253 08-I253 EAST PLANT FILTER 5-6 P&ID 63 08 I 254 08-I254 EAST PLANT FILTER 7-8 P&ID 64 08 I 301 08-I301 SODIUM HYPOCHLORITE STORAGE AND FEED P&ID 65 08 I 302 08-I302 FLUORIDE STORAGE AND FEED P&ID 66 08 I 701 08-I701 SOLIDS HANDLING P&ID 67 08 I 702 08-I702 SOLIDS HANDLING P&ID 68 15 X 101 15-X101 WEST FILTER DEMOLITION PLAN 69 15 X 301 15-X301 WEST FILTER DEMOLITION SECTIONS 70 15 S 101 15-S101 WEST FILTER STRUCTURAL PLAN OVERVIEW 71 15 S 301 15-S301 WEST FILTER STRUCTURAL MODIFICATION SECTIONS 72 15 S 302 15-S302 WEST FILTER STRUCTURAL MODIFICATION SECTIONS 73 15 P 101 15-P101 WEST FILTER OVERVIEW PROCESS PLAN 74 15 P 102 15-P102 WEST FILTER OVERVIEW PROCESS PLAN 75 15 P 103 15-P103 WEST FILTER OVERVIEW PROCESS PLAN 76 15 P 104 15-P104 WEST FILTER OVERVIEW PROCESS PLAN 77 15 P 105 15-P105 WEST FILTER OVERVIEW PROCESS PLAN 78 15 P 301 15-P301 WEST FILTER OVERVIEW PROCESS SECTION 79 15 P 302 15-P302 WEST FILTER OVERVIEW PROCESS SECTION 80 15 P 303 15-P303 WEST FILTER OVERVIEW PROCESS SECTION 81 15 P 304 15-P304 WEST FILTER OVERVIEW PROCESS SECTION 82 15 P 901 15-P901 WEST FILTER OVERVIEW PROCESS ISOMETRICS 83 15 M 101 15-M101 HVAC IMPROVEMENTS PLAN 84 15 M 601 15-M601 HVAC IMPROVEMENTS SCHEMATIC 85 15 M 602 15-M602 HVAC IMPROVEMENTS SCHEDULE 86 15 E 101 15-E101 WEST FILTER BUILDING ELECTRICAL IMPROVEMENTS PLAN 87 15 E 102 15-E102 WEST FILTER GALLERY ELECTRICAL IMPROVEMENTS PLAN 88 15 E 501 15-E501 WEST FILTER ELECTRICAL IMPROVEMENTS DETAILS 89 15 E 601 15-E601 WEST FILTER ELECTRICAL IMPROVEMENTS SCHEMATICS 90 15 I 101 15-I101 WEST FILTER INSTRUMENTATION IMPROVEMENTS PLAN 91 25 X 101 25-X101 EAST FILTER DEMOLITION PLAN 92 25 X 301 25-X301 EAST FILTER DEMOLITION SECTIONS 93 25 S 101 25-S101 EAST FILTER STRUCTURAL PLAN OVERVIEW 94 25 S 301 25-S301 EAST FILTER STRUCTURAL MODIFICATION SECTIONS 95 25 S 302 25-S302 EAST FILTER STRUCTURAL MODIFICATION SECTIONS 96 25 P 101 25-P101 EAST FILTER OVERVIEW PROCESS PLAN 97 25 P 102 25-P102 EAST FILTER PROCESS PLAN 98 25 P 103 25-P103 EAST FILTER PROCESS PLAN 99 25 P 104 25-P104 EAST FILTER GALLERY PROCESS PLAN LOWER 100 25 P 105 25-P105 EAST FILTER GALLERY PROCESS PLAN UPPER 101 25 P 301 25-P301 EAST FILTER PROCESS SECTIONS 102 25 P 302 25-P302 EAST FILTER PROCESS SECTIONS 103 25 P 303 25-P303 EAST FILTER PROCESS SECTIONS 104 25 P 304 25-P304 EAST FILTER PROCESS SECTIONS 105 25 P 901 25-P901 EAST FILTER ISOMETRIC 106 25 M 101 25-M101 HVAC IMPROVEMENTS PLAN 107 25 M 601 25-M601 HVAC IMPROVEMENTS SCHEMATIC 108 25 M 602 25-M602 HVAC IMPROVEMENTS SCHEDULE 109 25 E 101 25-E101 EAST FILTER BUILDING ELECTRICAL IMPROVEMENTS PLAN 110 25 E 102 25-E102 EAST FILTER GALLERY ELECTRICAL IMPROVEMENTS PLAN 111 25 E 501 25-E501 EAST FILTER ELECTRICAL IMPROVEMENTS DETAILS 112 25 E 601 25-E601 EAST FILTER ELECTRICAL IMPROVEMENTS SCHEMATICS Page 2 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 56423 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 113 25 I 101 25-I101 EAST FILTER INSTRUMENTATION IMPROVEMENTS PLAN 114 40 A 001 40-A001 CHEMICAL STORAGE AND FEED FACILITY LIFE SAFETY PLAN AND CODE ANALYSIS 115 40 A 101 40-A101 CHEMICAL STORAGE AND FEED FACILITY FLOOR PLAN 116 40 A 102 40-A102 CHEMICAL STORAGE AND FEED FACILITY REFLECTED CEILING PLAN 117 40 A 103 40-A103 CHEMICAL STORAGE AND FEED FACILITY ROOF PLAN 118 40 A 201 40-A201 CHEMICAL STORAGE AND FEED FACILITY ELEVATIONS 119 40 A 202 40-A202 CHEMICAL STORAGE AND FEED FACILITY ELEVATIONS 120 40 A 301 40-A301 CHEMICAL STORAGE AND FEED FACILITY BUILDING SECTIONS 121 40 A 601 40-A601 CHEMICAL STORAGE AND FEED FACILITY FINISH SCHEDULE, FINISH LEGEND AND DOOR SCHEDULE 122 40 S 101 40-S101 CHEMICAL STORAGE AND FEED FACILITY FOUNDATION PLAN 123 40 S 102 40-S102 CHEMICAL STORAGE AND FEED FACILITY ENLARGED SLAB PLAN - EXTERIOR CONTAINMENT 124 40 S 103 40-S103 CHEMICAL STORAGE AND FEED FACILITY CEILING FRAMING PLAN 125 40 S 104 40-S104 CHEMICAL STORAGE AND FEED FACILITY ROOF FRAMING PLAN 126 40 S 301 40-S301 CHEMICAL STORAGE AND FEED FACILITY SECTIONS 127 40 S 501 40-S501 CHEMICAL STORAGE AND FEED FACILITY PLAN DETAILS 128 40 P 101 40-P101 CHEMICAL STORAGE AND FEED FACILITY PLAN - OVERVIEW 129 40 P 102 40-P102 CHEMICAL STORAGE AND FEED FACILITY PLAN - FLUORIDE ROOM 130 40 P 103 40-P103 CHEMICAL STORAGE AND FEED FACILITY PLAN - SODIUM HYPOCHLORITE ROOM 131 40 P 301 40-P301 CHEMICAL STORAGE AND FEED FACILITY SECTIONS - FLUORIDE ROOM 132 40 P 302 40-P302 CHEMICAL STORAGE AND FEED FACILITY SECTIONS - SODIUM HYPOCHLORITE ROOM 133 40 P 901 40-P901 CHEMICAL STORAGE AND FEED FACILITY ISOMETRIC VIEW 134 40 P 902 40-P902 CHEMICAL STORAGE AND FEED FACILITY ISOMETRIC VIEW 135 40 M 101 40-M101 CHEMICAL STORAGE AND FEED FACILITY HVAC PLAN 136 40 M 102 40-M102 CHEMICAL STORAGE AND FEED FACILITY PIPING PLAN 137 40 M 103 40-M103 CHEMICAL STORAGE AND FEED FACILITY PLUMBING PLAN 138 40 M 301 40-M301 CHEMICAL STORAGE AND FEED FACILITY HVAC SECTIONS 139 40 M 501 40-M501 CHEMICAL STORAGE AND FEED FACILITY HVAC DETAILS 140 40 M 601 40-M601 CHEMICAL STORAGE AND FEED FACILITY PIPING AND PLUMBING DETAILS AND SCHEDULE 141 40 M 602 40-M602 CHEMICAL STORAGE AND FEED FACILITY HVAC SCHEDULES 142 40 M 603 40-M603 CHEMICAL STORAGE AND FEED FACILITY HVAC AIRFLOW DIAGRAM 143 40 E 101 40-E101 CHEMICAL STORAGE AND FEED ELECTRICAL POWER AND SECURITY PLAN 144 40 E 102 40-E102 CHEMICAL STORAGE AND FEED ELECTRICAL LIGHTING PLAN 145 40 E 103 40-E103 CHEMICAL STORAGE AND FEED ELECTRICAL GROUNDING PLAN 146 40 E 601 40-E601 LIGHTING PANEL 40LP01 SCHEDULE 147 40 E 602 40-E602 CHEMICAL STORAGE AND FEED CONDUIT SCHEDULE 148 40 E 701 40-E701 CHEMICAL PUMP CONTROL PANEL #2 SCHEMATIC (TYP OF 4) 149 40 E 702 40-E702 CHEMICAL PUMP CONTROL PANEL #2 SCHEMATIC (TYP OF 4) CONT. 150 40 E 703 40-E703 CHEMICAL PUMP CONTROL PANEL #2 ELEVATION 151 40 E 704 40-E704 TRANSFER PUMP AND CHEMICAL PUMP CONTROL PANEL #1 SCHEMATICS 152 40 E 705 40-E705 NETWORK CONTROL PANEL SCHEMATIC 153 40 E 706 40-E706 HVAC CONTROL SCHEMATICS 154 40 F 707 40-F707 CHEMICAL STORAGE AND FEED PLAN - FIRE ALARM 155 70 C 101 70-C101 SLUDGE LAGOONS PROPOSED SITE PLAN 156 70 C 201 70-C201 SLUDGE LAGOONS GRADING AND PAVING PLAN 157 70 C 301 70-C301 SLUDGE LAGOONS TYPICAL SECTIONS 158 70 S 101 70-S101 SLUDGE LAGOONS OUTLET AND INLET STRUCTURES OVERALL PLAN 159 70 S 102 70-S102 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE PLANS 160 70 S 103 70-S103 SLUDGE LAGOONS INLET 2A STRUCTURE PLAN AND SECTION 161 70 S 104 70-S104 SLUDGE LAGOONS INLET 2B STRUCTURE PLAN AND SECTION 162 70 S 301 70-S301 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE SECTIONS I 163 70 S 302 70-S302 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE SECTIONS II 164 70 S 401 70-S401 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE DETAILS 165 70 P 101 70-P101 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE PLAN 166 70 P 301 70-P301 SLUDGE LAGOONS SOUTH OUTLET STRUCTURE SECTIONS 167 70 P 901 70-P901 SLUDGE LAGOONS ISOMETRIC VIEW 168 70 P 902 70-P902 SLUDGE LAGOONS OUTLET STRUCTURES ISOMETRIC VIEW DETAILS Page 3 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 57424 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 169 70 P 903 70-P903 SLUDGE LAGOONS INLET STRUCTURES ISOMETRIC VIEW DETAILS 170 75 A 101 75-A101 MISCELLANEOUS BUILDING REPAIRS PLAN 171 75 A 102 75-A102 MISCELLANEOUS BUILDING REPAIRS PLAN 172 75 A 201 75-A201 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 173 75 A 202 75-A202 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 174 75 A 203 75-A203 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 175 75 A 204 75-A204 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 176 75 A 205 75-A205 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 177 75 A 206 75-A206 MISCELLANEOUS BUILDING REPAIRS ELEVATIONS 178 75 A 501 75-A501 MISCELLANEOUS BUILDING REPAIRS DETAILS 179 75 A 502 75-A502 MISCELLANEOUS BUILDING REPAIRS DETAILS 180 75 A 503 75-A503 MISCELLANEOUS BUILDING REPAIRS DETAILS 181 80 I 601 80-I601 PLC CP LAYOUT (TYP.) 182 80 I 602 80-I602 I/O LIST I 183 80 I 603 80-I603 I/O LIST II 184 80 I 604 80-I604 I/O LIST III 185 80 I 605 80-I605 I/O LIST IV 186 80 I 606 80-I606 I/O LIST V 187 80 I 607 80-I607 I/O LIST VI 188 80 I 701 80-I701 PLC CONTROL PANEL SCHEMATICS 189 80 I 801 80-I801 NETWORK ARCHITECTURE DIAGRAM I 190 80 I 802 80-I802 NETWORK ARCHITECTURE DIAGRAM II 191 90 E 501 90-E501 EXISTING WTP ONE-LINE DIAGRAM 192 90 E 502 90-E502 FILTERS ONE-LINE DIAGRAM I 193 90 E 601 90-E601 FILTERS ONE-LINE DIAGRAM II 194 90 E 602 90-E602 CHEMICAL FEED BUILDING ONE-LINE DIAGRAM 195 90 E 701 90-E701 LIGHT FIXTURE SCHEDULE 196 90 E 702 90-E702 DUCT BANK SECTIONS I 197 90 E 703 90-E703 DUCT BANK SECTIONS II 198 10 S 1001 10-S1001 RAPID MIX / FLOCCULATION / SEDIMENTATION FOUNDATION PLAN - OVERVIEW 199 10 S 1002 10-S1002 RAPID MIX / FLOCCULATION / SEDIMENTATION WALL PLAN - OVERVIEW 200 10 S 1003 10-S1003 RAPID MIX / FLOCCULATION / SEDIMENTATION TOP OF WALL PLAN - OVERVIEW 201 10 S 1004 10-S1004 RAPID MIX / FLOCCULATION / SEDIMENTATION ENLARGED WALL PLAN 1 202 10 S 1005 10-S1005 RAPID MIX / FLOCCULATION / SEDIMENTATION ENLARGED WALL PLAN 2 203 10 S 2001 10-S2001 RAPID MIX / FLOCCULATION / SEDIMENTATION ELEVATIONS 1 204 10 S 2002 10-S2002 RAPID MIX / FLOCCULATION / SEDIMENTATION ELEVATIONS 2 205 10 S 3001 10-S3001 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 1 206 10 S 3002 10-S3002 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 2 207 10 S 3003 10-S3003 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 3 208 10 S 3004 10-S3004 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 4 209 10 S 4001 10-S4001 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 1 210 10 S 4002 10-S4002 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 2 211 10 S 4003 10-S4003 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 3 212 10 S 5001 10-S5001 RAPID MIX / FLOCCULATION / SEDIMENTATION STAIR DETAILS 1 213 10 S 5002 10-S5002 RAPID MIX / FLOCCULATION / SEDIMENTATION STAIR DETAILS 2 214 10 P 1001 10-P1001 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - OVERALL 215 10 P 1002 10-P1002 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - RAPID MIX 216 10 P 1003 10-P1003 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - FLOCCULATION BASIN 217 10 P 1004 10-P1004 RAPID MIX / FLOCCULATION / SEDIMENTATION PROCESS PLAN - SEDIMENTATION BASIN 218 10 P 3001 10-P3001 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 1 219 10 P 3002 10-P3002 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 2 220 10 P 3003 10-P3003 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 3 221 10 P 3004 10-P3004 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 4 222 10 P 3005 10-P3005 RAPID MIX / FLOCCULATION / SEDIMENTATION SECTIONS 5 223 10 P 4001 10-P4001 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 1 224 10 P 4002 10-P4002 RAPID MIX / FLOCCULATION / SEDIMENTATION DETAILS 2 Page 4 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 58425 Client:City of Aspen Project Name:Aspen WTF Improvements Project Number:22W23060 DPM:Andy Pruitt Facility CodeDisciplineSheet View #DRAFT PROJECT SHEET LIST CountSheet Build Sheet NumberSheet Title 225 10 P 9001 10-P9001 RAPID MIX / FLOCCULATION / SEDIMENTATION ISOMETRIC VIEW 226 10 E 1001 10-E1001 RAPID MIX / FLOCCULATION / SEDIMENTATION ELECTRICAL POWER PLAN 1 227 10 E 1002 10-E1002 RAPID MIX / FLOCCULATION / SEDIMENTATION ELECTRICAL POWER PLAN 2 228 10 E 1003 10-E1003 RAPID MIX / FLOCCULATION / SEDIMENTATION ELECTRICAL LIGHTING PLAN 229 10 E 6001 10-E6001 RAPID MIX / FLOCCULATION/ SEDIMENTATION CONDUIT SCHEDULE 230 10 E 7001 10-E7001 RAPID MIXER VFD CONTROL SCHEMATIC 231 10 E 7002 10-E7002 FLOCCULATOR MIXER VFD CONTROL SCHEMATIC Page 5 of 5 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 59426 Project No. 22W23060 TOC - 1 Section 00 00 10 Aspen WTF Improvements Table of Contents ASPEN WTF IMPROVEMENTS PROJECT MANUAL TABLE OF CONTENTS TECHNICAL SPECIFICATIONS DIVISION 01 – GENERAL REQUIREMENTS 01 10 00 SUMMARY 01 14 00 WORK RESTRICTIONS 01 20 00 PRICE AND PAYMENT PROCEDURES 01 25 00 SUBSTITUTION PROCEDURES 01 26 00 CONTRACT MODIFICATION PROCEDURES 01 30 00 ADMINISTRATIVE REQUIREMENTS 01 32 16 CONSTRUCTION PROGRESS SCHEDULE 01 32 33 PHOTOGRAPHIC DOCUMENTATION 01 33 00 SUBMITTAL PROCEDURES 01 40 00 QUALITY REQUIREMENTS 01 45 24 SPECIAL TESTS AND INSPECTIONS 01 50 00 TEMPORARY FACILITIES AND CONTROLS 01 60 00 PRODUCT REQUIREMENTS 01 70 00 EXECUTION REQUIREMENTS 01 75 00 STARTUP TESTING AND TRAINING 01 75 00.1 SUPPLEMENT 1 – MANUFACTURERS CERTIFICATE OF PROPER INSTALLATION 01 75 00.2 SUPPLEMENT 2 – UNIT PROCESS STARTUP FORM 01 75 00.3 SUPPLEMENT 3 – FACILITY PERFORMANCE DEMONSTRATION CERT. FORM 01 77 00 CLOSEOUT PROCEDURES 01 78 36 WARRANTIES AND BONDS DIVISION 02 – EXISTING CONDITIONS 02 41 00 DEMOLITION DIVISION 03 – CONCRETE 03 01 00 MAINTENANCE OF CONCRETE 03 11 16 CONCRETE FORM LINERS 03 15 00 CONCRETE JOINTS AND ACCESSORIES 03 20 00 CONCRETE REINFORCING 03 30 00 CAST-IN-PLACE CONCRETE 03 35 00 CONCRETE FINISHING 03 39 00 CONCRETE CURING 03 60 00 GROUT 03 60 00.1 GROUT SUPPLEMENT 03 62 00 NON SHRINK GROUTING 03 63 00 CONCRETE DOWELLING-EPOXY 03 64 00 CONCRETE REPAIR CRACK INJECTION DIVISION 04 – MASONRY 04 20 00 UNIT MASONRY 04 26 13 MASONRY VENEER DIVISION 05 – METALS 05 05 19 POST-INSTALLED ANCHORS 05 05 23 WELDING 05 12 00 STRUCTURAL STEEL 05 21 00 STEEL JOIST FRAMING 05 31 00 STEEL DECK 05 50 00 METAL FABRICATIONS 05 52 13 PIPE AND TUBE RAILINGS Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 60427 Project No. 22W23060 TOC - 2 Section 00 00 10 Aspen WTF Improvements Table of Contents 05 53 00 METAL GRATINGS AND PLANK DIVISION 06 – WOOD AND PLASTICS 06 10 00 ROUGH CARPENTRY DIVISION 07 – THERMAL AND MOISTURE PROTECTION 07 13 26 SELF-ADHERING SHEET WATERPROOFING 07 21 00 BUILDING INSULATION 07 21 29 CLOSED-CELL SPRAY POLYURETHANE FOAM INSULATION 07 27 26 FLUID-APPLIED MEMBRANE AIR BARRIERS 07 41 13 METAL ROOF AND WALL PANELS 07 62 00 SHEET METAL FLASHING AND TRIM 07 84 00 FIRESTOPPING 07 92 00 JOINT SEALANTS DIVISION 08 – OPENINGS 08 11 13 STEEL DOORS & FRAMES 08 16 13 FRP DOORS AND FRAMES 08 31 00 ALUMINUM HATCHES 08 33 23 OVERHEAD COILING DOORS 08 62 00 UNIT SKYLIGHTS 08 71 00 DOOR HARDWARE 08 80 00 GLAZING 08 90 00 LOUVERS AND VENTS DIVISION 10 – SPECIALTIES 10 14 00 SIGNAGE 10 44 16 FIRE EXTINGUISHERS DIVISION 22 – PLUMBING 22 05 00 PLUMBING GENERAL 22 05 23 GENERAL-DUTY VALVES FOR PLUMBING PIPING 22 05 29 PROCESS SUPPORTS AND ANCHORS 22 05 53 MECHANICAL IDENTIFICATION 22 11 16 PLUMBING PIPING 22 13 16 SANITARY WASTE & VENT PIPING DIVISION 23 – HVAC 23 05 02 BASIC MECH MATERIALS & METHODS 23 05 29 HANGERS & SUPPORTS FOR MECHANICAL PIPING & EQUIPMENT 23 05 53 IDENTIFICATION FOR HVAC PIPING & EQUIPMENT 23 05 96 TESTING, ADJUSTING & BALANCING 23 07 00 DUCTWRAP INSULATION 23 09 00 INSTRUMENTATION & CONTROL FOR HVAC 23 31 13 METAL DUCTS 23 33 00 AIR DUCT ACCESSORIES 23 34 23 FANS 23 73 13 SELF CONTAINED AIR CONDITIONERS 23 83 01 HEATING UNITS DIVISION 26 – ELECTRICAL 26 05 00 COMMON WORK RESULTS FOR ELECTRICAL 26 05 19 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS & CABLES 26 05 26 GROUNDING & BONDING FOR ELECTRICAL SYSTEMS 26 05 29 HANGERS & SUPPORTS FOR ELECTRICAL SYSTEMS 26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 61428 Project No. 22W23060 TOC - 3 Section 00 00 10 Aspen WTF Improvements Table of Contents 26 05 43 UNDERGROUND DUCTS & BOXES FOR ELECTRICAL SYSTEMS 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 26 05 73 POWER SYSTEM STUDIES 26 05 93 ELECTRIC MOTORS 26 22 00 LOW VOLTAGE TRANSFORMERS 26 24 13 SWITCHBOARDS 26 24 16 PANELBOARDS 26 27 26 WIRING DEVICES 26 28 13 FUSES 26 28 16.16 ENCLOSED SWITCHES 26 29 23 VARIABLE FREQUENCY MOTOR CONTROLLERS 26 36 23 AUTOMATIC TRANSFER SWITCHES 26 41 13 LIGHTNING PROTECTION FOR STRUCTURES 26 43 13 SURGE PROTECTIVE DEVICES 26 51 00 INTERIOR LIGHTING 26 56 00 EXTERIOR LIGHTING DIVISION 31 – EARTHWORK 31 05 19.13 GEOTEXTILE FILTER FABRIC 31 11 00 SITE PREPARATION 31 22 13 SUBGRADE PREPARATION 31 22 19 GRADING 31 23 16 EXCAVATION 31 23 16.13 TRENCHING FOR SITE UTILITIES 31 23 16.20 ROCK EXCAVATION 31 23 19 DEWATERING 31 23 23.13 FILL AND BACKFILL 31 23 23.16 TRENCH BACKFILL 31 37 00 RIP RAP 31 50 00 EXCAVATION SUPPORT SYSTEMS DIVISION 32 – EXTERIOR IMPROVEMENTS 32 11 00 BASE COURSE 32 31 13 CHAIN LINK FENCE & GATES 32 31 13.53 POWER GATE OPERATORS 32 32 23.16 MANUFACTURED MODULAR WALLS 32 92 19 SEEDING, FERTILIZING & MULCHING DIVISION 33 – UTILITIES 33 13 00 DISINFECTION OF WATER SYSTEMS 33 40 00 STORM DRAINAGE PIPING DIVISION 40 – PROCESS INTERCONNECTIONS 40 05 00 PIPING SYSTEMS TESTING 40 05 06 PROCESS PIPING SPECIALTIES 40 05 07 HANGERS AND SUPPORTS FOR PROCESS PIPING 40 05 51 COMMON REQUIREMENTS FOR PROCESS VALVES 40 05 53 IDENTIFICATION FOR PROCESS PIPING 40 05 57 ACTUATORS FOR PROCESS VALVES AND GATES 40 05 59 SLIDE GATES 40 05 61 GATE VALVES 40 05 64 BUTTERFLY VALVES 40 05 65.23 CHECK VALVES 40 05 67 SPECIALIZED PRESSURE AND FLOW-CONTROL VALVES 40 05 78 AIR RELEASE VALVES 40 23 39 PROCESS PIPING GENERAL Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 62429 Project No. 22W23060 TOC - 4 Section 00 00 10 Aspen WTF Improvements Table of Contents 40 23 39.1 PROCESS PIPING SCHEDULE DATA SHEETS: 40 23 39.13 CM LINED DIP AND FITTINGS 40 23 39.16 WELDED STEEL PIPE AND FITTINGS 40 23 39.36 SS PIPE AND FITTINGS 40 23 39.43 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS 40 23 39.46 CHLORINATED POLYVINYL (CPVC) PIPE AND FITTINGS 40 23 39.56 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS 40 41 13 HEAT TRACING 40 42 00 PROCESS MECHANICAL INSULATION 40 42 13.16 POLYETHYLENE ENCASEMENT FOR DUCTILE IRON PIPE 40 61 13 PROCESS CONTROL SYSTEM GENERAL PROVISIONS 40 61 96 PROCESS CONTROL DESCRIPTIONS GENERAL 40 61 96.15 PROCESS CONTROL DESCRIPTIONS – FILTERS 40 61 96.16 PROCESS CONTROL DESCRIPTIONS – CHEMICAL FEED 40 61 96.17 PROCESS CONTROL DESCRIPTIONS – TBD 40 63 43 PROGRAMMABLE LOGIC CONTROLLERS 40 66 13 NETWORKING EQUIPMENT 40 67 23 CONTROL PANELS 40 68 63 PLC AND HMI PROGRAMMING 40 70 00 INSTRUMENTATION FOR PROCESS SYSTEMS 40 71 13 MAGNETIC FLOW METERS 40 72 23 RADAR LEVEL METERS 40 72 43 PRESSURE AND DIFFERENTIAL PRESSURE TYPE LEVEL METERS 40 72 76 LEVEL SWITCHES 40 73 26 DIFFERENTIAL AND GAUGE PRESSURE TRANSMITTERS 40 73 36 PRESSURE AND DIFFERENTIAL PRESSURE SWITCHES 40 75 05 WATER QUALITY MONITORING PANELS 40 75 13 pH – ORP ANALYZERS 40 75 53 TURBIDITY ANALYZERS DIVISION 43 – PROCESS GAS & LIQUID HANDLING, PURIFICATION & STORAGE EQUIPMENT 43 42 56.23 VERTICAL TURBINE PUMPS DATA SHEET: 43 42 56.23.1 VERTICAL TURBINE PUMPS DIVISION 46 – WATER AND WASTEWATER EQUIPMENT 46 44 20 CHEMICAL FEED SYSTEM 46 44 20.1 DS – SODIUM HYPOCHLORITE METERING PUMPS 1 AND 2 46 44 20.2 DS – HYDROFLUORISILICIC ACID METERING PUMPS 1 AND 2 46 61 13 FILTER MEDIA 46 61 16 FILTER TROUGHS 46 61 19 FILTER STEEL UNDERDRAINS Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 63430 Agreement Professional Services Page 0 Updated 5/2024 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: 2025-335 AGREEMENT made this 25th day of July, in the year 2024. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Garver c/o Rick Huggins 744 Horizon Court, Suite 140 Grand Junction, CO 81506 970-985-9902 rhuggins@garverusa.com For the Following Project: City of Aspen Water Treatment Facility Campus Improvements Final Design Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: August 13, 2024 Resolution No.: 2024-089 Exhibit A: Scope of Work and Detailed Fee. Exhibit B: Hourly Rate Schedule. Total: $2,669,000.00 Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 34431 Agreement Professional Services Page 1 Updated 5/2024 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A (“Work or Scope of Work”) attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed in accordance with schedule shown in Exhibit A and no later than December 31, 2025. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowanc- es for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. Time is to be of material consideration under this Agreement. Professional schedule and compensation shall receive equitable adjustment for any impacts caused by events outside the control of the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. Expenses and subconsultant cost shall be subject to a 10% markup to compensate Professional for overhead costs associated with these expenses and subcontracts. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other, not to be reasonably withheld. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, to the extent of the subcontract services. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor, to the extent payment for Work has been provided to the Professional. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon such termination for convenience, the Professional shall be entitled to receive payment for: (i) the value of the Work completed to the date of termination not previously covered by monthly payments, including profit with respect to such completed services, (ii) documented and reasonable costs (plus profit on such costs) incurred by the Professional to implement such termination (including demobilization costs, and termination/cancellation costs under sub contracts and purchase orders). Upon any termination, Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 35432 Agreement Professional Services Page 2 Updated 5/2024 all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City, the Professional may retain copies of all information provided under this agreement Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to perform any and all services required herein in accordance with generally accepted practices and standards employed by the applicable United States professional services industries as of the effective date practicing under similar conditions and locale. Such generally accepted practices and standards are not intended to be limited to the optimum practices, methods, techniques, or standards to the exclusion of all others, but rather to a spectrum of reasonable and prudent practices employed by the United States professional services industry. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this agreement. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontrac- tors during the performance of this agreement. Professional shall indemnify City against all liability and loss in connection with and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all third party tort liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, sickness, disease, death, tangible property loss or damage, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the negligence, or intentional fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment, as well as related expenses, attributable to such act, omission, or other fault of the City, its officers, or employees. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 36433 Agreement Professional Services Page 3 Updated 5/2024 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, the minimum insurance coverages listed below. Any subconsultant hired by Professional to provide services under this Agreement shall be required to maintain insurance coverages commensurate to this respective scope of work. All such coverages shall be procured and maintained by both Professional and its subconsultants with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket, limited contractual, independent contractors, products, and completed operations. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. (iv) Professional Liability insurance with the minimum limits of TWO MILLION DOLLARS ($2,000,000) each claim and FIVE MILLION DOLLARS ($5,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds to the extent of the indemnities agreed between Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 37434 Agreement Professional Services Page 4 Updated 5/2024 the parties in Section 8 of this Agreement. Every policy required above shall be primary insur- ance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above such that no erosion occurs to the limits of liability agreed upon in this Section 9. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled or terminated until at least thirty (30) days prior written notice has been given to the City. The Professional will provide thirty (30) days written notice of material change. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any redacted policy and any redacted endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 38435 Agreement Professional Services Page 5 Updated 5/2024 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non- discrimination in employment. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s absence) to execute the same. 16. Representation Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional represents that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 39436 Agreement Professional Services Page 6 Updated 5/2024 (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representativ e of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 40437 Agreement Professional Services Page 7 Updated 5/2024 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 22. Attorney’s Fees and Waiver of Jury Trial. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. Each party irrevocably waives, to the fullest extent permitted by applicable laws, any and all right to trial by jury. 23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 24. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 25. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 41438 Agreement Professional Services Page 8 Updated 5/2024 authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 26. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A and B. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 28. Mutual Waiver. Excepting indemnity claims under Section 8 of this Agreement and except as covered by the insurance policies required pursuant to Section 9 of this Agreement and to the fullest extent permitted by law, neither City, the Professional, nor their respective personnel shall be liable for any consequential, special, incidental, indirect, punitive, or exemplary damages, or damages arising from or in connection with loss of use, loss of revenue or profit (actual or anticipated), loss by reason of shutdown or non-operation, increased cost of construction, cost of capital, cost of replacement power or customer claims, and City hereby releases the Professional and the Professional releases City, from any such liability. 29. Limitation. In recognition of the relative risks and benefits of the project to both the City and Professional, City hereby agrees, with the exception of indemnity claims under Section 8 of this Agreement, that Professional’s and its personnel’s total liability under the Agreement shall be limited to three hundred percent (300%) of Professional’s fees set forth in Exhibit A. Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B 42439 Agreement Professional Services Page 9 Updated 5/2024 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: _____________________________ _______________________________ [Signature] [Signature] By: __________________________ By: ____________________________ Title: _________________________ Title: ___________________________ Date: _________________________ Date: ___________________________ Approved as to form: _______________________________ City Attorney’s Office JPW-7/26/2024-M:\city\cityatty\arch\ag1-981.doc Docusign Envelope ID: 66B71A1E-F668-41BB-BF97-7C7A48D0065B Mary Elizabeth Mach Vice President 7/28/2024 | 9:34:24 AM MDT 43440